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107_hr2256

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Hospital Survival and Illegal Immigrant Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Immigration is a Federal responsibility. (2) The Immigration and Naturalization Service does not take into custody all aliens who are unlawfully present in the United States. (3) Section 1867 of the Social Security Act (42 U.S.C. 1395dd) and State laws require that, if any individual (whether or not lawfully present in the United States) comes to a hospital and the hospital determines that the individual has an emergency medical condition, the hospital must provide either, within the staff and facilities available at the hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition, or, if appropriate, for transfer of the individual to another medical facility. (4) The Southwest border region is ill-equipped to absorb the expense of providing health care to undocumented aliens because it ranks last in the country in terms of per capita income. (5) The Southwest border region has been designated as a health professional shortage area under section 332 of the Public Health Service Act (42 U.S.C. 254e). (6) The unreimbursed costs associated with caring for undocumented aliens are severely threatening the financial stability of health care providers in Arizona. SEC. 3. REIMBURSEMENT TO HEALTH CARE PROVIDERS FOR EMERGENCY MEDICAL CARE RENDERED TO CERTAIN ALIENS. Section 322 of the Public Health Service Act (42 U.S.C. 249) is amended by adding at the end the following: ``(d)(1) The Secretary shall establish and implement a 5-year pilot program under which funds made available under paragraph (6) are used to reimburse providers for items and services described in section 411(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(b)(1)) provided in Arizona to aliens described in paragraph (3), and to reimburse suppliers of emergency ambulance services furnished to such aliens for which the transportation originates in Arizona (where the use of other methods of transportation is contraindicated by the alien's condition), if payment may not be made to reimburse the provider or supplier under any Federal program or law other than this subsection (such as title XIX of the Social Security Act), any State or local program or law, any group or individual health plan, or any insurance policy. ``(2) As part of the pilot program, in a case in which an alien described in paragraph (3) arrived at a hospital in Arizona and the hospital provided for such medical examination and treatment of the alien as the hospital determined was required to stabilize an emergency medical condition (within the meaning of section 1867(e)(1) of the Social Security Act (42 U.S.C. 1395dd(e)(1))), the Secretary shall use funds made available under paragraph (6) to reimburse the hospital for any transportation costs paid by the hospital to return the alien to the United States border, if-- ``(A) the hospital requested the Attorney General to take the alien into custody after such stabilization; ``(B) such request was denied within 24 hours after its receipt, or the Attorney General gave no response to it within such period; and ``(C) the hospital determined that discharging the alien without providing for such transportation might pose a threat to the health or safety of the alien (or, with respect to a pregnant alien, the health or safety of the alien or her unborn child). ``(3) An alien is described in this paragraph if the alien-- ``(A) is not lawfully present in the United States and not detained by any Federal, State, or local law enforcement authority; or ``(B) is paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) for less than one year in order to receive treatment for an emergency medical condition. ``(4) During the period in which the pilot program is operating, the Secretary shall submit annual reports to the Congress on its operation. Each report shall contain at least the following information: ``(A) The number of aliens to whom assistance was rendered for which payment was made under this subsection during the previous year. ``(B) The nationality of such aliens. ``(C) The average cost per alien of such assistance. ``(D) The total annual amount paid to each provider or supplier of assistance. ``(E) The feasibility and estimated cost of expanding the pilot program to items and services provided anywhere in the Southwest border region of the United States. ``(5) Nothing in this subsection shall be construed to authorize any reduction in the funds payable to any person under any Federal program or law other than this subsection (such as title XIX of the Social Security Act), any State or local program or law, any group or individual health plan, or any insurance policy. ``(6) To the extent provided in appropriations Acts, from amounts made available to the Immigration and Naturalization Service for enforcement and border affairs for each of the 5 fiscal years following the fiscal year in which the Border Hospital Survival and Illegal Immigrant Care Act is enacted, the Attorney General may transfer to the Health Resources and Services Administration of the Department of Health and Human Services such amounts as may be necessary to carry out this subsection, not to exceed $50,000,000 for each such year.''.

Border Hospital Survival and Illegal Immigrant Care Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a five-year pilot program of health care provider reimbursement for the costs associated with providing emergency medical and ambulance services in Arizona to: (1) illegal aliens who are not detained by any Federal, State, or local law enforcement authority. Or (2) aliens paroled into the United States for less than one year to receive emergency medical treatment.

To amend the Public Health Service Act to establish a 5-year pilot program under which health care providers are reimbursed by the Secretary of Health and Human Services for the costs associated with providing emergency medical care to aliens who are not lawfully present in the United States and are not detained by any law enforcement authority, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Border Hospital Survival and Illegal Immigrant Care Act". <SECTION-HEADER> FINDINGS. The Congress finds as follows: Immigration is a Federal responsibility. The Immigration and Naturalization Service does not take into custody all aliens who are unlawfully present in the United States. Section 1867 of the Social Security Act and State laws require that, if any individual comes to a hospital and the hospital determines that the individual has an emergency medical condition, the hospital must provide either, within the staff and facilities available at the hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition, or, if appropriate, for transfer of the individual to another medical facility. The Southwest border region is ill-equipped to absorb the expense of providing health care to undocumented aliens because it ranks last in the country in terms of per capita income. The Southwest border region has been designated as a health professional shortage area under section 332 of the Public Health Service Act . The unreimbursed costs associated with caring for undocumented aliens are severely threatening the financial stability of health care providers in Arizona. <SECTION-HEADER> REIMBURSEMENT TO HEALTH CARE PROVIDERS FOR EMERGENCY MEDICAL CARE RENDERED TO CERTAIN ALIENS. Section 322 of the Public Health Service Act is amended by adding at the end the following: (1) The Secretary shall establish and implement a 5-year pilot program under which funds made available under paragraph (6) are used to reimburse providers for items and services described in section 411(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 USC. 1621(b)(1)) provided in Arizona to aliens described in paragraph (3), and to reimburse suppliers of emergency ambulance services furnished to such aliens for which the transportation originates in Arizona , if payment may not be made to reimburse the provider or supplier under any Federal program or law other than this subsection , any State or local program or law, any group or individual health plan, or any insurance policy. As part of the pilot program, in a case in which an alien described in paragraph (3) arrived at a hospital in Arizona and the hospital provided for such medical examination and treatment of the alien as the hospital determined was required to stabilize an emergency medical condition (within the meaning of section 1867(e)(1) of the Social Security Act (42 USC. 1395dd(e)(1))), the Secretary shall use funds made available under paragraph (6) to reimburse the hospital for any transportation costs paid by the hospital to return the alien to the United States border, if the hospital requested the Attorney General to take the alien into custody after such stabilization. Such request was denied within 24 hours after its receipt, or the Attorney General gave no response to it within such period. And the hospital determined that discharging the alien without providing for such transportation might pose a threat to the health or safety of the alien . An alien is described in this paragraph if the alien is not lawfully present in the United States and not detained by any Federal, State, or local law enforcement authority. Or is paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 USC. 1182(d)(5)) for less than one year in order to receive treatment for an emergency medical condition. During the period in which the pilot program is operating, the Secretary shall submit annual reports to the Congress on its operation. Each report shall contain at least the following information: The number of aliens to whom assistance was rendered for which payment was made under this subsection during the previous year. The nationality of such aliens. The average cost per alien of such assistance. The total annual amount paid to each provider or supplier of assistance. The feasibility and estimated cost of expanding the pilot program to items and services provided anywhere in the Southwest border region of the United States. Nothing in this subsection shall be construed to authorize any reduction in the funds payable to any person under any Federal program or law other than this subsection , any State or local program or law, any group or individual health plan, or any insurance policy. To the extent provided in appropriations Acts, from amounts made available to the Immigration and Naturalization Service for enforcement and border affairs for each of the 5 fiscal years following the fiscal year in which the Border Hospital Survival and Illegal Immigrant Care Act is enacted, the Attorney General may transfer to the Health Resources and Services Administration of the Department of Health and Human Services such amounts as may be necessary to carry out this subsection, not to exceed $50,000,000 for each such year.".

Border Hospital Survival and Illegal Immigrant Care Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a five-year pilot program of health care provider reimbursement for the costs associated with providing emergency medical and ambulance services in Arizona to: (1) illegal aliens who are not detained by any Federal, State, or local law enforcement authority. Or (2) aliens paroled into the United States for less than one year to receive emergency medical treatment.

To amend the Public Health Service Act to establish a 5-year pilot program under which health care providers are reimbursed by the Secretary of Health and Human Services for the costs associated with providing emergency medical care to aliens who are not lawfully present in the United States and are not detained by any law enforcement authority, and for other purposes.

111_hr4710

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm to School Improvements Act of 2010''. SEC. 2. FARM TO SCHOOL PROGRAM. (a) Amendment.--The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by inserting after section 19, the following: ``SEC. 19A. FARM TO SCHOOL PROGRAM. ``(a) In General.--The Secretary shall provide assistance, through competitive matching grants and technical assistance, to eligible entities for farm to school programs that-- ``(1) improve access to local foods in schools and institutions participating in programs under this Act and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) through farm to school activities, including the purchase of local food, establishment of effective relationships between school and institutional food service providers, distributors, and producers or groups of producers, school gardens, appropriate equipment, and the provision of training and education; and ``(2) are designed to-- ``(A) improve the nutritional health and well being of children; ``(B) procure healthy local foods from small and medium-sized farms for meals at eligible schools and institutions; ``(C) support experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities; ``(D) develop a sustained commitment to farm to school programs in the community by linking schools and institutions, State and local agencies including Indian Tribal Organizations, institutions of higher education, agricultural producers, parents, community garden groups and other community stakeholders; and ``(E) increase farm income by facilitating farmers' access to institutional markets including schools. ``(b) Eligible Entity.--For purposes of this section, the term `eligible entity' means-- ``(1) a school; ``(2) nonprofit organization; or ``(3) other entity that the Secretary determines offers a unique ability to provide services or farm-to-school programs. ``(c) Grants.-- ``(1) Types of grants.--A grant awarded under this section may include-- ``(A) an implementation grant to support the cost of implementing a farm to school program; ``(B) a training and technical assistance grant to support the cost of-- ``(i) providing the training, operational support, information, and access to resources necessary to implement a successful farm to school program; and ``(ii) encouraging collaboration between public and private entities; or ``(C) a planning grant to support the cost of conducting research, identifying resources, and developing partnerships to design a successful and sustainable farm to school program. ``(2) Grant amounts.--A grant awarded under this section to an eligible entity shall not exceed-- ``(A) in the case of an implementation or training and technical assistance grant, $100,000; and ``(B) in the case of a planning grant, $25,000. ``(3) Grant duration.--A grant under this section shall be awarded for a period-- ``(A) in the case of an implementation or training and technical assistance grant, not to exceed 2 years; and ``(B) in the case of a planning grant, not to exceed 1 year. ``(d) Cost Share.-- ``(1) In general.--The amount of a grant made under this section shall not exceed 75 percent of the cost of the proposed grant activities. ``(2) Non-federal support.--A recipient of a grant under this section shall be required to provide at least 25 percent of the cost of the proposed grant activities in the form of cash or in-kind contributions (including facilities, equipment, training, or services provided by State and local governments and private sources). ``(e) Evaluation.--A recipient of a grant under this section shall cooperate in an evaluation by the Secretary of the programs carried out using such grant funds. ``(f) Regional Balance.--In making awards and providing technical assistance under this section, the Secretary shall to the maximum extent practicable, ensure-- ``(1) geographical diversity; and ``(2) equitable treatment of urban, rural, and tribal communities. ``(g) Technical Assistance.--The Secretary shall provide recipients of grants under this section with technical assistance, which shall include sharing information, best practices, research, and data on existing farm to school programs. ``(h) Proposals.-- ``(1) In general.--An eligible entity desiring to receive a grant under this section shall submit a proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Competitive award selection.--The Secretary shall form review panels to evaluate proposals submitted under paragraph (1) based on the criteria described in paragraph (3). Such review panels shall include-- ``(A) representatives of schools and eligible institutions; ``(B) registered dietitians; ``(C) operators of small and medium-sized farms; ``(D) public agencies; ``(E) non-governmental and community-based organizations with expertise in local food systems and farm to school programs; and ``(F) other appropriate parties as determined by the Secretary. ``(3) Proposal review criteria.--In making awards under this section, the Secretary shall evaluate proposals based on the extent to which the proposed program-- ``(A) improves the nutritional health and well being of children; ``(B) makes local food products available on the menu of the school or institution; ``(C) benefits local small and medium-sized farms; ``(D) incorporates experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities; ``(E) serves schools and eligible institutions with a high proportion of children who are eligible for free and reduced price lunches; ``(F) demonstrates collaboration between schools or institutions, non-governmental and community-based organizations, farmer groups, and other community partners; ``(G) demonstrates the potential for long-term program sustainability; ``(H) includes adequate and participatory evaluation plans; and ``(I) meets such other related criteria as the Secretary may determine relevant. ``(i) Funding.--Beginning on October 1, 2010, or of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $10,000,000 each fiscal year, to remain available until expended.''. (b) Conforming Change.--Section 18(g) of the Richard B. Russell School Lunch Act (42 U.S.C. 1769(g)) is amended-- (1) by striking paragraphs (1) and (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.

Farm to School Improvements Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to provide competitive matching grants to schools, nonprofit organizations, and other able entities for farm to school programs that improve the access of school lunch and breakfast program participants to local foods. Provides that each grant may include an implementation grant, training and technical assistance grant, and planning grant. Requires farm to school programs to be designed to: (1) improve the nutritional health and well being of children, (2) procure healthy local foods from small and medium-sized farms. (3) support experiential nutrition education by involving school children in farm and garden-based agricultural education activities. (4) commit public and private community stakeholders to the sustained success of such programs. And (5) increase farmers' income by facilitating their access to institutional markets. Directs the Secretary to provide grant recipients with technical assistance that includes sharing information, best practices, research, and data on existing farm to school programs.

To amend the Richard B. Russell National School Lunch Act to award grants to eligible entities for farm to school programs.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Farm to School Improvements Act of 2010". <SECTION-HEADER> FARM TO SCHOOL PROGRAM. Amendment. The Richard B. Russell National School Lunch Act is amended by inserting after section 19, the following: "Section 19A. FARM TO SCHOOL PROGRAM. In General. The Secretary shall provide assistance, through competitive matching grants and technical assistance, to eligible entities for farm to school programs that improve access to local foods in schools and institutions participating in programs under this Act and section 4 of the Child Nutrition Act of 1966 through farm to school activities, including the purchase of local food, establishment of effective relationships between school and institutional food service providers, distributors, and producers or groups of producers, school gardens, appropriate equipment, and the provision of training and education. And are designed to improve the nutritional health and well being of children. Procure healthy local foods from small and medium-sized farms for meals at eligible schools and institutions. Support experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities. Develop a sustained commitment to farm to school programs in the community by linking schools and institutions, State and local agencies including Indian Tribal Organizations, institutions of higher education, agricultural producers, parents, community garden groups and other community stakeholders. And increase farm income by facilitating farmers' access to institutional markets including schools. Eligible Entity. For purposes of this section, the term `eligible entity' means a school, nonprofit organization. Or other entity that the Secretary determines offers a unique ability to provide services or farm-to-school programs. Grants. Types of grants. A grant awarded under this section may include an implementation grant to support the cost of implementing a farm to school program. A training and technical assistance grant to support the cost of providing the training, operational support, information, and access to resources necessary to implement a successful farm to school program, and encouraging collaboration between public and private entities. Or a planning grant to support the cost of conducting research, identifying resources, and developing partnerships to design a successful and sustainable farm to school program. Grant amounts. A grant awarded under this section to an eligible entity shall not exceed in the case of an implementation or training and technical assistance grant, $100,000. And in the case of a planning grant, $25,000. Grant duration. A grant under this section shall be awarded for a period in the case of an implementation or training and technical assistance grant, not to exceed 2 years. And in the case of a planning grant, not to exceed 1 year. Cost Share. In general. The amount of a grant made under this section shall not exceed 75 percent of the cost of the proposed grant activities. Non-federal support. A recipient of a grant under this section shall be required to provide at least 25 percent of the cost of the proposed grant activities in the form of cash or in-kind contributions . Evaluation. A recipient of a grant under this section shall cooperate in an evaluation by the Secretary of the programs carried out using such grant funds. Regional Balance. In making awards and providing technical assistance under this section, the Secretary shall to the maximum extent practicable, ensure geographical diversity. And equitable treatment of urban, rural, and tribal communities. Technical Assistance. The Secretary shall provide recipients of grants under this section with technical assistance, which shall include sharing information, best practices, research, and data on existing farm to school programs. Proposals. In general. An eligible entity desiring to receive a grant under this section shall submit a proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Competitive award selection. The Secretary shall form review panels to evaluate proposals submitted under paragraph (1) based on the criteria described in paragraph (3). Such review panels shall include representatives of schools and eligible institutions, registered dietitians, operators of small and medium-sized farms, public agencies. Non-governmental and community-based organizations with expertise in local food systems and farm to school programs. And other appropriate parties as determined by the Secretary. Proposal review criteria. In making awards under this section, the Secretary shall evaluate proposals based on the extent to which the proposed program improves the nutritional health and well being of children. Makes local food products available on the menu of the school or institution, benefits local small and medium-sized farms. Incorporates experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities. Serves schools and eligible institutions with a high proportion of children who are eligible for free and reduced price lunches. Demonstrates collaboration between schools or institutions, non-governmental and community-based organizations, farmer groups, and other community partners, demonstrates the potential for long-term program sustainability, includes adequate and participatory evaluation plans. And meets such other related criteria as the Secretary may determine relevant. Funding. Beginning on October 1, 2010, or of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $10,000,000 each fiscal year, to remain available until expended.". Conforming Change. Section 18(g) of the Richard B. Russell School Lunch Act (42 USC. 1769(g)) is amended by striking paragraphs (1) and (2). And by redesignating paragraphs (3) and (4) as paragraphs and (2), respectively.

Farm to School Improvements Act of 2010 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to provide competitive matching grants to schools, nonprofit organizations, and other able entities for farm to school programs that improve the access of school lunch and breakfast program participants to local foods. Provides that each grant may include an implementation grant, training and technical assistance grant, and planning grant. Requires farm to school programs to be designed to: (1) improve the nutritional health and well being of children, (2) procure healthy local foods from small and medium-sized farms. (3) support experiential nutrition education by involving school children in farm and garden-based agricultural education activities. (4) commit public and private community stakeholders to the sustained success of such programs. And (5) increase farmers' income by facilitating their access to institutional markets. Directs the Secretary to provide grant recipients with technical assistance that includes sharing information, best practices, research, and data on existing farm to school programs.

To amend the Richard B. Russell National School Lunch Act to award grants to eligible entities for farm to school programs.

107_s409

SECTION 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf War Illness Compensation Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Although the majority of veterans of the Armed Forces who served in the Persian Gulf War returned from the Southwest Asia theater of operations to normal activities, many of those veterans have experienced a range of unexplained illnesses, including chronic fatigue, muscle and joint pain, loss of concentration, forgetfulness, headache, and rash. (2) Those veterans were potentially exposed during that war to a wide range of biological and chemical agents, including sand, smoke from oil-well fires, paints, solvents, insecticides, petroleum fuels and their combustion products, organophosphate nerve agents, pyridostigmine bromide, depleted uranium, anthrax and botulinum toxoid vaccinations, and infectious diseases, in addition to other psychological and physiological stresses. (3) Section 1117 of title 38, United States Code, enacted on November 2, 1994, by the Persian Gulf War Veterans' Benefits Act (title I of Public Law 103-446), provides for the payment of compensation to Persian Gulf veterans suffering from a chronic disability resulting from an undiagnosed illness (or combination of undiagnosed illnesses) that became manifest to a compensable degree within a period prescribed by regulation. (4) The Secretary of Veterans Affairs prescribed regulations under section 1117 of title 38, United States Code, that interpreted that section so as to limit compensation to Persian Gulf veterans with illnesses that ``cannot be attributed to any known clinical diagnosis''. (5) In a report dated September 7, 2000, the Institute of Medicine of the National Academy of Sciences indicated that it was not asked to determine whether an identifiable medical syndrome referred to as ``Gulf War Syndrome'' exists and suggested that the Secretary of Veterans Affairs, in developing a compensation program for Persian Gulf veterans, consider the health effects that may be associated with exposures to specific agents that were present in the Southwest Asia theater of operations during the Persian Gulf War. SEC. 3. COMPENSATION OF VETERANS OF PERSIAN GULF WAR WHO HAVE CERTAIN ILLNESSES. (a) Presumptive Period for Undiagnosed Illnesses Program.--Section 1117 of title 38, United States Code, is amended-- (1) in subsection (a)(2), by striking ``within the presumptive period prescribed under subsection (b)'' and inserting ``before December 31, 2011, or such later date as the Secretary may prescribe by regulation''; and (2) by striking subsection (b). (b) Undiagnosed Illnesses.--Such section, as amended by subsection (a), is further amended by inserting after subsection (a) the following new subsection (b): ``(b)(1) For purposes of this section, the term `undiagnosed illness' means illness manifested by symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified, including poorly defined illnesses such as fibromyalgia, chronic fatigue syndrome, autoimmune disorder, and multiple chemical sensitivity. The attribution of one or more of the symptoms to a disability that is not an undiagnosed illness shall not preclude other symptoms from being considered a manifestation of an undiagnosed illness. ``(2) For purposes of paragraph (1), signs or symptoms that may be a manifestation of an undiagnosed illness include the following: ``(A) Fatigue. ``(B) Unexplained rashes or other dermatological signs or symptoms. ``(C) Headache. ``(D) Muscle pain. ``(E) Joint pain. ``(F) Neurologic signs or symptoms. ``(G) Neuropsychological signs or symptoms. ``(H) Signs or symptoms involving the respiratory system (upper or lower). ``(I) Sleep disturbances. ``(J) Gastrointestinal signs or symptoms. ``(K) Cardiovascular signs or symptoms. ``(L) Abnormal weight loss. ``(M) Menstrual disorders.''. (c) Presumption of Service Connection Program.--Section 1118(a) of such title is amended by adding at the end the following new paragraph: ``(4) For purposes of this section, the term `undiagnosed illness' has the meaning given that term in section 1117(b) of this title.''. (d) Effective Date.--(1) For purposes of section 5110(g) of title 38, United States Code-- (A) the amendments to section 1117 of title 38, United States Code, made by subsections (a) and (b) shall take effect as of November 2, 1994; and (B) the amendment to section 1118 of title 38, United States Code, made by subsection (c) shall take effect as of October 21, 1998. (2) The second sentence of section 5110(g) of title 38, United States Code, shall not apply in the case of an award, or increased award, of compensation pursuant to the amendments made by this section if the date of application therefor is not later than one year after the date of the enactment of this Act.

Persian Gulf War Illness Compensation Act of 2001 - Amends a veterans' benefits program of compensation for disabilities occurring in veterans of the Persian Gulf War to: (1) require such disabilities, to be compensable, to occur before December 31, 2011, or such later date as prescribed by the Secretary of Veterans Affairs. (2) define an undiagnosed illness in such veterans as one manifested by specified symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified. And (3) include an undiagnosed illness having such a symptom or sign within the presumption of being service-connected and therefore treatable as a service-connected disability.

A bill to amend title 38, United States Code, to clarify the standards for compensation for Persian Gulf veterans suffering from certain undiagnosed illnesses, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Persian Gulf War Illness Compensation Act of 2001". <SECTION-HEADER> FINDINGS. Congress makes the following findings: Although the majority of veterans of the Armed Forces who served in the Persian Gulf War returned from the Southwest Asia theater of operations to normal activities, many of those veterans have experienced a range of unexplained illnesses, including chronic fatigue, muscle and joint pain, loss of concentration, forgetfulness, headache, and rash. Those veterans were potentially exposed during that war to a wide range of biological and chemical agents, including sand, smoke from oil-well fires, paints, solvents, insecticides, petroleum fuels and their combustion products, organophosphate nerve agents, pyridostigmine bromide, depleted uranium, anthrax and botulinum toxoid vaccinations, and infectious diseases, in addition to other psychological and physiological stresses. Section 1117 of title 38, United States Code, enacted on November 2, 1994, by the Persian Gulf War Veterans' Benefits Act , provides for the payment of compensation to Persian Gulf veterans suffering from a chronic disability resulting from an undiagnosed illness that became manifest to a compensable degree within a period prescribed by regulation. The Secretary of Veterans Affairs prescribed regulations under section 1117 of title 38, United States Code, that interpreted that section so as to limit compensation to Persian Gulf veterans with illnesses that "cannot be attributed to any known clinical diagnosis". In a report dated September 7, 2000, the Institute of Medicine of the National Academy of Sciences indicated that it was not asked to determine whether an identifiable medical syndrome referred to as "Gulf War Syndrome" exists and suggested that the Secretary of Veterans Affairs, in developing a compensation program for Persian Gulf veterans, consider the health effects that may be associated with exposures to specific agents that were present in the Southwest Asia theater of operations during the Persian Gulf War. <SECTION-HEADER> COMPENSATION OF VETERANS OF PERSIAN GULF WAR WHO HAVE CERTAIN ILLNESSES. Presumptive Period for Undiagnosed Illnesses Program. Section 1117 of title 38, United States Code, is amended in subsection (a)(2), by striking "within the presumptive period prescribed under subsection (b)" and inserting "before December 31, 2011, or such later date as the Secretary may prescribe by regulation". And by striking subsection (b). Undiagnosed Illnesses. Such section, as amended by subsection , is further amended by inserting after subsection (a) the following new subsection (b): (1) For purposes of this section, the term `undiagnosed illness' means illness manifested by symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified, including poorly defined illnesses such as fibromyalgia, chronic fatigue syndrome, autoimmune disorder, and multiple chemical sensitivity. The attribution of one or more of the symptoms to a disability that is not an undiagnosed illness shall not preclude other symptoms from being considered a manifestation of an undiagnosed illness. For purposes of paragraph (1), signs or symptoms that may be a manifestation of an undiagnosed illness include the following: Fatigue. Unexplained rashes or other dermatological signs or symptoms. Headache. Muscle pain. Joint pain. Neurologic signs or symptoms. Neuropsychological signs or symptoms. Signs or symptoms involving the respiratory system . Sleep disturbances. Gastrointestinal signs or symptoms. Cardiovascular signs or symptoms. Abnormal weight loss. Menstrual disorders.". Presumption of Service Connection Program. Section 1118(a) of such title is amended by adding at the end the following new paragraph: For purposes of this section, the term `undiagnosed illness' has the meaning given that term in section 1117(b) of this title.". Effective Date. (1) For purposes of section 5110(g) of title 38, United States Code the amendments to section 1117 of title 38, United States Code, made by subsections (a) and (b) shall take effect as of November 2, 1994. And the amendment to section 1118 of title 38, United States Code, made by subsection (c) shall take effect as of October 21, 1998. The second sentence of section 5110(g) of title 38, United States Code, shall not apply in the case of an award, or increased award, of compensation pursuant to the amendments made by this section if the date of application therefor is not later than one year after the date of the enactment of this Act.

Persian Gulf War Illness Compensation Act of 2001 - Amends a veterans' benefits program of compensation for disabilities occurring in veterans of the Persian Gulf War to: (1) require such disabilities, to be compensable, to occur before December 31, 2011, or such later date as prescribed by the Secretary of Veterans Affairs. (2) define an undiagnosed illness in such veterans as one manifested by specified symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified. And (3) include an undiagnosed illness having such a symptom or sign within the presumption of being service-connected and therefore treatable as a service-connected disability.

A bill to amend title 38, United States Code, to clarify the standards for compensation for Persian Gulf veterans suffering from certain undiagnosed illnesses, and for other purposes.

109_s2759

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Part D Outreach and Enrollment Enhancement Act of 2006''. SEC. 2. OUTREACH AND EDUCATION FUNDING. (a) Medicare Outreach and Education by State Health Insurance Counseling Programs.-- (1) Fiscal year 2006.--There are appropriated $13,500,000 to the Centers for Medicare & Medicaid Services to be used to provide additional grants to State health insurance counseling and assistance programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act. (2) Additional funding for future outreach and education efforts.--There are authorized to be appropriated for each of fiscal years 2007, 2008, 2009, and 2010, an amount equal to $1 multiplied by the total number of individuals entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act, or enrolled under part B of such title during the fiscal year (as determined by the Secretary of Health and Human Services, based on the most recent available data before the beginning of the fiscal year) to be used to provide additional grants to State health insurance counseling and assistance programs to conduct outreach and education related to enrollment in such Medicare program. (b) Part D Outreach and Education.-- (1) In general.--There are appropriated $6,300,000 to the Centers for Medicare & Medicaid Services to be used to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D of title XVIII of the Social Security Act. (2) Transfer of funds through interagency agreement.-- (A) Transfer.--Subject to subparagraph (B), the Administrator of the Centers for Medicare & Medicaid Services shall transfer amounts provided under paragraph (1) to the Administration on Aging under an interagency agreement. (B) Interagency agreement.--The interagency agreement entered into under subparagraph (A) shall establish guidelines with respect to the distribution of amounts transferred under such subparagraph to Area Agencies on Aging and Native American aging programs, taking into account any variations in the population served by such Agencies and such programs. (C) Timing of interagency agreement and distribution of funds.-- (i) Interagency agreement.--Not later than the date that is 60 days after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall enter into the interagency agreement described in subparagraph (A). (ii) Distribution of funds.--Not later than the date that is 120 days after the date of enactment of this Act, the Administration on Aging shall distribute the amounts transferred under such interagency agreement. SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN INCOME-RELATED SUBSIDY. (a) Special Enrollment Period.--Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: ``(F) Application for low-income subsidy.-- ``(i) In general.--Subject to clause (iii), in the case of an applicable individual (as defined in clause (ii)). ``(ii) Applicable individual defined.--For purposes of this subparagraph, the term `applicable individual' means a part D eligible individual who-- ``(I) has an application for an income-related subsidy under section 1860D-14 pending during the individual's initial enrollment period (as determined under paragraph (2)); and ``(II) does not receive notification of the approval or disapproval of such application prior to the end of such initial enrollment period. ``(iii) Timing of special enrollment period.--The special enrollment period established under this subparagraph shall be for a period (not to exceed 30 days) beginning on the date the applicable individual receives the notification described in clause (ii)(II).''. (b) Waiver of Late Enrollment Penalty.--Section 1860D-13(b) of the Social Security Act (42 U.S.C. 1395w-113(b)) is amended by adding at the end the following new paragraph: ``(8) Waiver of penalty.--An applicable individual (as defined in clause (ii) of section 1860D-1(b)(3)(F)) who enrolls during the special enrollment period established under such section shall not be subject to an increase in the monthly beneficiary premium established under subsection (a) with respect to months occurring prior to the date of such enrollment.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

Medicare Part D Outreach and Enrollment Enhancement Act of 2006 - Authorizes and makes appropriations to the Centers for Medicare Medicaid Services for additional grants to state health insurance counseling and assistance (HICA) programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act (SSA). Makes appropriations to the Centers for Medicare Medicaid Services to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D of SSA title XVIII. Amends SSA title XVIII part D to provide a special enrollment period for individuals who qualify for a low- income-related subsidy under the Medicare prescription drug program.

A bill to provide for additional outreach and education related to the Medicare program and to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medicare Part D Outreach and Enrollment Enhancement Act of 2006". <SECTION-HEADER> OUTREACH AND EDUCATION FUNDING. Medicare Outreach and Education by State Health Insurance Counseling Programs. Fiscal year 2006. There are appropriated $13,500,000 to the Centers for Medicare Medicaid Services to be used to provide additional grants to State health insurance counseling and assistance programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act. Additional funding for future outreach and education efforts. There are authorized to be appropriated for each of fiscal years 2007, 2008, 2009, and 2010, an amount equal to $1 multiplied by the total number of individuals entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act, or enrolled under part B of such title during the fiscal year to be used to provide additional grants to State health insurance counseling and assistance programs to conduct outreach and education related to enrollment in such Medicare program. Part D Outreach and Education. In general. There are appropriated $6,300,000 to the Centers for Medicare Medicaid Services to be used to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D of title XVIII of the Social Security Act. Transfer of funds through interagency agreement. Transfer. Subject to subparagraph (B), the Administrator of the Centers for Medicare Medicaid Services shall transfer amounts provided under paragraph (1) to the Administration on Aging under an interagency agreement. Interagency agreement. The interagency agreement entered into under subparagraph (A) shall establish guidelines with respect to the distribution of amounts transferred under such subparagraph to Area Agencies on Aging and Native American aging programs, taking into account any variations in the population served by such Agencies and such programs. Timing of interagency agreement and distribution of funds. Interagency agreement. Not later than the date that is 60 days after the date of enactment of this Act, the Administrator of the Centers for Medicare Medicaid Services shall enter into the interagency agreement described in subparagraph (A). Distribution of funds. Not later than the date that is 120 days after the date of enactment of this Act, the Administration on Aging shall distribute the amounts transferred under such interagency agreement. <SECTION-HEADER> SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN INCOME-RELATED SUBSIDY. Special Enrollment Period. Section 1860D-1(b)(3) of the Social Security Act (42 USC. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: Application for low-income subsidy. In general. Subject to clause (iii), in the case of an applicable individual (as defined in clause (ii)). Applicable individual defined. For purposes of this subparagraph, the term `applicable individual' means a part D eligible individual who has an application for an income-related subsidy under section 1860D-14 pending during the individual's initial enrollment period (as determined under paragraph (2)). And does not receive notification of the approval or disapproval of such application prior to the end of such initial enrollment period. Timing of special enrollment period. The special enrollment period established under this subparagraph shall be for a period beginning on the date the applicable individual receives the notification described in clause (II).". Waiver of Late Enrollment Penalty. Section 1860D-13(b) of the Social Security Act (42 USC. 1395w-113(b)) is amended by adding at the end the following new paragraph: Waiver of penalty. An applicable individual (as defined in clause (ii) of section 1860D-1(b)(3)(F)) who enrolls during the special enrollment period established under such section shall not be subject to an increase in the monthly beneficiary premium established under subsection (a) with respect to months occurring prior to the date of such enrollment.". Effective Date. The amendments made by this section shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 .

Medicare Part D Outreach and Enrollment Enhancement Act of 2006 - Authorizes and makes appropriations to the Centers for Medicare Medicaid Services for additional grants to state health insurance counseling and assistance (HICA) programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act (SSA). Makes appropriations to the Centers for Medicare Medicaid Services to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D of SSA title XVIII. Amends SSA title XVIII part D to provide a special enrollment period for individuals who qualify for a low- income-related subsidy under the Medicare prescription drug program.

A bill to provide for additional outreach and education related to the Medicare program and to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program.

107_hr5568

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors' Retirement Recovery Act of 2002''. SEC. 2. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL SECURITY BENEFITS. (a) Restoration of Prior Law Formula.--Subsection (a) of section 86 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--Gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes Social Security benefits in an amount equal to the lesser of-- ``(1) one-half of the Social Security benefits received during the taxable year, or ``(2) one-half of the excess described in subsection (b)(1).''. (b) Repeal of Adjusted Base Amount.--Subsection (c) of section 86 of such Code is amended to read as follows: ``(c) Base Amount.--For purposes of this section, the term `base amount' means-- ``(1) except as otherwise provided in this subsection, $25,000, ``(2) $32,000 in the case of a joint return, and ``(3) zero in the case of a taxpayer who-- ``(A) is married as of the close of the taxable year (within the meaning of section 7703) but does not file a joint return for such year, and ``(B) does not live apart from his spouse at all times during the taxable year.''. (c) Conforming Amendments.-- (1) Subparagraph (A) of section 871(a)(3) of such Code is amended by striking ``85 percent'' and inserting ``50 percent''. (2)(A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98-21) is amended-- (i) by striking ``(A) There'' and inserting ``There''; (ii) by striking ``(i)'' immediately following ``amounts equivalent to''; and (iii) by striking ``, less (ii)'' and all that follows and inserting a period. (B) Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). (C) Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (D) Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2001. (2) Subsection (c)(1).--The amendment made by subsection (c)(1) shall apply to benefits paid after December 31, 2001. (3) Subsection (c)(2).--The amendments made by subsection (c)(2) shall apply to tax liabilities for taxable years beginning after December 31, 2001. (e) Maintenance of Transfers to Hospital Insurance Trust Fund.-- (1) In general.--There are hereby appropriated to the Hospital Insurance Trust Fund established under section 1817 of the Social Security Act amounts equal to the reduction in revenues to the Treasury by reason of the enactment of this Act. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had this Act not been enacted. (2) Reports.--The Secretary of the Treasury or the Secretary's delegate shall annually report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the amounts and timing of the transfers under this subsection. SEC. 3. AGE FOR BEGINNING MANDATORY DISTRIBUTIONS INCREASED TO 80. (a) Qualified Pension Plans.--Subparagraphs (B)(iv) and (C) of section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) are each amended by striking ``70\1/2\'' each place it appears and inserting ``80''. (b) Individual Retirement Plans.-- (1) Paragraph (1) of section 219(d) of such Code is amended-- (A) by striking ``70\1/2\'' in the text and inserting ``80'', and (B) by striking ``70\1/2\'' in the heading and inserting ``80''. (2) Subsection (b) of section 408 of such Code is amended by striking ``70\1/2\'' and inserting ``80''. (c) Roth IRA's.--Paragraph (4) of section 408A(c) of such Code is amended-- (1) by striking ``70\1/2\'' in the text and inserting ``80'', and (2) by striking ``70\1/2\'' in the heading and inserting ``80''. (d) Section 457 Plans.--Clause (i) of section 457(d)(1)(A) of such Code is amended by striking ``70\1/2\'' and inserting ``80''. (e) Effective Date.--The amendments made by this section shall apply to distributions after the date of the enactment of this Act.

Seniors' Retirement Recovery Act of 2002 - Amends the Internal Revenue Code to repeal the 1993 income tax increase on Social Security benefits. Appropriates, from the general fund, to the Hospital Insurance Trust Fund amounts equal to the reduction in revenue lost because of the repeal. Increases the age at which pension and retirement distributions must begin from 70 12 to 80.

To amend the Internal Revenue Code of 1986 to repeal the 1993 income tax increase on Social Security benefits and to increase the age at which distributions must commence from certain retirement plans from 70 1/2 to 80.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Seniors' Retirement Recovery Act of 2002". <SECTION-HEADER> REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL SECURITY BENEFITS. Restoration of Prior Law Formula. Subsection (a) of section 86 of the Internal Revenue Code of 1986 is amended to read as follows: In General. Gross income for the taxable year of any taxpayer described in subsection (b) includes Social Security benefits in an amount equal to the lesser of one-half of the Social Security benefits received during the taxable year, or one-half of the excess described in subsection (1).". Repeal of Adjusted Base Amount. Subsection (c) of section 86 of such Code is amended to read as follows: Base Amount. For purposes of this section, the term `base amount' means except as otherwise provided in this subsection, $25,000, $32,000 in the case of a joint return, and zero in the case of a taxpayer who is married as of the close of the taxable year but does not file a joint return for such year, and does not live apart from his spouse at all times during the taxable year.". Conforming Amendments. Subparagraph (A) of section 871(a)(3) of such Code is amended by striking "85 percent" and inserting "50 percent". (A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 is amended by striking "(A) There" and inserting "There", by striking "(i)" immediately following "amounts equivalent to". And by striking ", less (ii)" and all that follows and inserting a period. Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph as subparagraph (B). Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking "paragraph (1)(A)" and inserting "paragraph (1)". Effective Dates. In general. Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2001. Subsection (c)(1). The amendment made by subsection (1) shall apply to benefits paid after December 31, 2001. Subsection (c)(2). The amendments made by subsection (2) shall apply to tax liabilities for taxable years beginning after December 31, 2001. Maintenance of Transfers to Hospital Insurance Trust Fund. In general. There are hereby appropriated to the Hospital Insurance Trust Fund established under section 1817 of the Social Security Act amounts equal to the reduction in revenues to the Treasury by reason of the enactment of this Act. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had this Act not been enacted. Reports. The Secretary of the Treasury or the Secretary's delegate shall annually report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the amounts and timing of the transfers under this subsection. <SECTION-HEADER> AGE FOR BEGINNING MANDATORY DISTRIBUTIONS INCREASED TO 80. Qualified Pension Plans. Subparagraphs (B)(iv) and (C) of section 401(a)(9) of the Internal Revenue Code of 1986 are each amended by striking "7012" each place it appears and inserting "80". Individual Retirement Plans. Paragraph (1) of section 219(d) of such Code is amended by striking "7012" in the text and inserting "80", and by striking "7012" in the heading and inserting "80". Subsection (b) of section 408 of such Code is amended by striking "7012" and inserting "80". Roth IRA's. Paragraph (4) of section 408A(c) of such Code is amended by striking "7012" in the text and inserting "80", and by striking "7012" in the heading and inserting "80". Section 457 Plans. Clause (i) of section 457(d)(1)(A) of such Code is amended by striking "7012" and inserting "80". Effective Date. The amendments made by this section shall apply to distributions after the date of the enactment of this Act.

Seniors' Retirement Recovery Act of 2002 - Amends the Internal Revenue Code to repeal the 1993 income tax increase on Social Security benefits. Appropriates, from the general fund, to the Hospital Insurance Trust Fund amounts equal to the reduction in revenue lost because of the repeal. Increases the age at which pension and retirement distributions must begin from 70 12 to 80.

To amend the Internal Revenue Code of 1986 to repeal the 1993 income tax increase on Social Security benefits and to increase the age at which distributions must commence from certain retirement plans from 70 12 to 80.

113_hr1487

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Health Care at Lower Cost Act of 2013''. SEC. 2. EXCEPTION AND SAFE HARBOR FROM FEDERAL SANCTIONS FOR INCENTIVE PAYMENTS FROM HOSPITALS TO PHYSICIANS UNDER CERTAIN INCENTIVE PAYMENT PROGRAMS. (a) Findings.--Congress finds the following: (1) The Department of Health and Human Services has been engaged in approving, on a project-by-project basis, gain- sharing arrangements under demonstration authority for nearly a decade. Based on the knowledge gained from such demonstration projects, the Department is capable of developing and applying standards for permitting such arrangements more generally without the use of such authority. (2) The Inspector General of the Department of Health and Human Services has issued a special advisory bulletin in July 1999 that indicates that there is no general authority for waiving sanctions for any gain-sharing arrangements between physicians and hospitals. (3) Due to lack of capitalization, size limitations, risk characteristics, and other factors, many hospitals and physicians have been unable or unwilling to enter into gain- sharing types of arrangements that meet the requirements of the shared savings program. (b) Purpose.--The purpose of this section is to establish general statutory authority within the Department of Health and Human Services to recognize gain-sharing and other incentive payment programs, other than the shared savings program, that align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality care. (c) Exception From Physician Self-Referral Prohibition.--Section 1877(e) of the Social Security Act (42 U.S.C. 1395nn(e)) is amended by adding at the end the following new paragraph: ``(9) Payments under certain incentive payment programs between hospitals and physicians.-- ``(A) In general.--In the case of a monetary incentive payment which is made by a hospital to a physician under an incentive payment program (as defined in subparagraph (B)) that meets requirements established by the Secretary in consultation with the Attorney General and the Inspector General of the Department of Health and Human Services for purposes of this paragraph. ``(B) Incentive payment program defined.--In this paragraph, the term `incentive payment program' means a program that is designed to align incentives among hospitals and physicians (through techniques such as product standardization, the substitution of lower cost products, and care coordination initiatives that encourage medically appropriate decreases in length of stay) to improve efficiency and decrease costs while maintaining or improving quality.''. (d) Safe Harbor From Antikickback and Other Federal Sanctions.-- (1) Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended-- (A) by striking ``and'' at the end of subparagraph (I); (B) in subparagraph (J), by moving the indentation 2 ems to the left and by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(K) any monetary incentive payment which is made by a hospital to a physician under an incentive payment program (as defined in subparagraph (B) of section 1877(e)(9)) that meets requirements established by the Inspector General of the Department of Health and Human Services in consultation with the Attorney General for purposes of applying this subparagraph (which requirements needs not be the same as those established under subparagraph (A) of such section).''. (2) Section 1128A(b)(1) of the Social Security Act (42 U.S.C. 1320a-7a(b)(1)) is amended by inserting ``(other than a monetary incentive payment described in section 1128B(b)(3)(K))'' after ``makes a payment''. (e) Publication of Guidance.--The Secretary of Health and Human Services and the Inspector General of the Department of Health and Human Services-- (1) not later than 6 months after the date of the enactment of this Act, shall jointly publish a solicitation of comments to carry out the amendments made by this section; and (2) not later than 12 months after such date of enactment, shall publish, jointly or separately, such guidance or rules, which may be effective on an interim, final basis, as may be necessary to carry out such amendments in a timely manner. (f) Construction.--Nothing in this section (or the amendments made by this section) shall be construed as affecting the operation of the shared savings program. (g) Shared Savings Program Defined.--In this section, the term ``shared savings program'' means such program under section 1899 of the Social Security Act (42 U.S.C. 1395jjj).

Improved Health Care at Lower Cost Act of 2013 - Amends title XVIII (Medicare) and XI of the Social Security Act with respect to the prohibition against certain physician referrals. Excepts from the physician self-referral prohibition any monetary incentive payments made by hospitals to physicians under certain incentive payment programs designed to align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality. Exempts such monetary incentive payments from federal criminal antikickback and other sanctions.

Improved Health Care at Lower Cost Act of 2013

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Improved Health Care at Lower Cost Act of 2013". <SECTION-HEADER> EXCEPTION AND SAFE HARBOR FROM FEDERAL SANCTIONS FOR INCENTIVE PAYMENTS FROM HOSPITALS TO PHYSICIANS UNDER CERTAIN INCENTIVE PAYMENT PROGRAMS. Findings. Congress finds the following: The Department of Health and Human Services has been engaged in approving, on a project-by-project basis, gain- sharing arrangements under demonstration authority for nearly a decade. Based on the knowledge gained from such demonstration projects, the Department is capable of developing and applying standards for permitting such arrangements more generally without the use of such authority. The Inspector General of the Department of Health and Human Services has issued a special advisory bulletin in July 1999 that indicates that there is no general authority for waiving sanctions for any gain-sharing arrangements between physicians and hospitals. Due to lack of capitalization, size limitations, risk characteristics, and other factors, many hospitals and physicians have been unable or unwilling to enter into gain- sharing types of arrangements that meet the requirements of the shared savings program. Purpose. The purpose of this section is to establish general statutory authority within the Department of Health and Human Services to recognize gain-sharing and other incentive payment programs, other than the shared savings program, that align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality care. Exception From Physician Self-Referral Prohibition. Section 1877(e) of the Social Security Act (42 USC. 1395nn(e)) is amended by adding at the end the following new paragraph: Payments under certain incentive payment programs between hospitals and physicians. In general. In the case of a monetary incentive payment which is made by a hospital to a physician under an incentive payment program (as defined in subparagraph (B)) that meets requirements established by the Secretary in consultation with the Attorney General and the Inspector General of the Department of Health and Human Services for purposes of this paragraph. Incentive payment program defined. In this paragraph, the term `incentive payment program' means a program that is designed to align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality.". Safe Harbor From Antikickback and Other Federal Sanctions. Section 1128B(b)(3) of the Social Security Act (42 USC. 1320a-7b(b)(3)) is amended by striking "and" at the end of subparagraph. In subparagraph (J), by moving the indentation 2 ems to the left and by striking the period at the end and inserting ", and". And by adding at the end the following new subparagraph: any monetary incentive payment which is made by a hospital to a physician under an incentive payment program (as defined in subparagraph (B) of section 1877(e)(9)) that meets requirements established by the Inspector General of the Department of Health and Human Services in consultation with the Attorney General for purposes of applying this subparagraph (which requirements needs not be the same as those established under subparagraph .". Section 1128A(b)(1) of the Social Security Act (42 USC. 1320a-7a(b)(1)) is amended by inserting "(other than a monetary incentive payment described in section 1128B(b)(3)(K))" after "makes a payment". Publication of Guidance. The Secretary of Health and Human Services and the Inspector General of the Department of Health and Human Services not later than 6 months after the date of the enactment of this Act, shall jointly publish a solicitation of comments to carry out the amendments made by this section. And not later than 12 months after such date of enactment, shall publish, jointly or separately, such guidance or rules, which may be effective on an interim, final basis, as may be necessary to carry out such amendments in a timely manner. Construction. Nothing in this section shall be construed as affecting the operation of the shared savings program. Shared Savings Program Defined. In this section, the term "shared savings program" means such program under section 1899 of the Social Security Act .

Improved Health Care at Lower Cost Act of 2013 - Amends title XVIII (Medicare) and XI of the Social Security Act with respect to the prohibition against certain physician referrals. Excepts from the physician self-referral prohibition any monetary incentive payments made by hospitals to physicians under certain incentive payment programs designed to align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality. Exempts such monetary incentive payments from federal criminal antikickback and other sanctions.

Improved Health Care at Lower Cost Act of 2013

115_s721

SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Access Records Available to Lead American Government Openness Act'' or the ``MAR-A-LAGO Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Beginning in 2009, the Obama administration instituted a policy to release the visitor access records for the White House complex. (2) This policy was responsible for making public the names of nearly 6,000,000 visitors to the White House in the 8 years of the Obama administration. (3) This policy provided the people of the United States with insight into who influences the White House and transparency regarding efforts by lobbyists to effect policies, legislation, and Presidential actions. (4) To date, the Trump administration has not indicated whether it will continue the policy of publicly releasing White House visitor access records. (5) Since taking office on January 20, 2017, President Trump has conducted official business not only in the White House, but also at several of his privately owned clubs and resorts. (6) President Trump's Mar-a-Lago Club in Palm Beach, Florida, has been dubbed the ``Winter White House'' and the ``Southern White House''. (7) President Trump has spent 5 of his first 9 weekends in office at Mar-a-Lago. (8) Mar-a-Lago is a private membership facility open to members, their guests, and others who have been invited as guests for special events. (9) Visitors to Mar-a-Lago do not undergo the same background checks as White House visitors and visitor access records to the club have not been released to the public. (10) The President has conducted official business and hosted international leaders at Mar-a-Lago. (11) Media reports have shown President Trump and members of his Cabinet at Mar-a-Lago and nearby Trump International Golf Club interacting with members and guests, providing access unavailable to the general public. (12) President Trump owns many other properties that offer similar amenities and membership-only access where he is likely to conduct official business during his term in office. (13) On March 11, 2017, President Trump hosted several members of his Cabinet at his Trump National Golf Club in Potomac Falls, Virginia, to discuss homeland security, health care, and the economy according to media reports. (14) Media reports have indicated that the President may use his Bedminster, New Jersey, resort as a ``Summer White House''. (15) The people of the United States expect and deserve transparency in government. The policy to release visitor access records instituted by the previous administration appropriately balanced transparency with the need for confidentiality in government actions. (16) To the extent Mar-a-Lago and any other private facilities become locations where the President conducts business and interacts with individuals who are not government officials, the same disclosures should apply. SEC. 3. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS. (a) Definitions.--In this section: (1) Covered location.--The term ``covered location'' means-- (A) the White House; (B) the residence of the Vice President; and (C) any other location at which the President or the Vice President regularly conducts official business. (2) Covered records.--The term ``covered records'' means information relating to a visit at a covered location, which shall include-- (A) the name of each visitor at the covered location; (B) the name of each individual with whom each visitor described in subparagraph (A) met at the covered location; and (C) the purpose of the visit. (b) Requirement.--Except as provided in subsection (c), not later than 30 days after the date of enactment of this Act, the President shall establish, and update every 90 days, a publicly available database that contains covered records for the preceding 90-day period. (c) Exceptions.-- (1) In general.--The President shall not include in the database established under subsection (b) any covered record-- (A) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security; or (B) relating to a purely personal guest at a covered location. (2) Sensitive meetings.--With respect to a particularly sensitive meeting at a covered location, the President shall-- (A) include the number of visitors at the covered location in the database established under subsection (b); and (B) post the applicable covered records in the database established under subsection (b) when the President determines that release of the covered records is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act or the MAR-A-LAGO Act This bill directs the President to establish and update, every 90 days, a publicly available database that contains records of: the name of each visitor at the White House, residence of the Vice-President, or any other location at which the President or Vice President regularly conducts official business. The name of each individual with whom the visitor met at the covered location. And the purpose of the visit. The President shall not include in the database any such record: (1) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security, or (2) relating to a purely personal guest at a covered location. For a particularly sensitive meeting, the President shall: (1) include in the database the number of visitors at the covered location, and (2) post the applicable records in the database when their release is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Making Access Records Available to Lead American Government Openness Act" or the "MAR-A-LAGO Act". <SECTION-HEADER> FINDINGS. Congress finds the following: Beginning in 2009, the Obama administration instituted a policy to release the visitor access records for the White House complex. This policy was responsible for making public the names of nearly 6,000,000 visitors to the White House in the 8 years of the Obama administration. This policy provided the people of the United States with insight into who influences the White House and transparency regarding efforts by lobbyists to effect policies, legislation, and Presidential actions. To date, the Trump administration has not indicated whether it will continue the policy of publicly releasing White House visitor access records. Since taking office on January 20, 2017, President Trump has conducted official business not only in the White House, but also at several of his privately owned clubs and resorts. President Trump's Mar-a-Lago Club in Palm Beach, Florida, has been dubbed the "Winter White House" and the "Southern White House". President Trump has spent 5 of his first 9 weekends in office at Mar-a-Lago. Mar-a-Lago is a private membership facility open to members, their guests, and others who have been invited as guests for special events. Visitors to Mar-a-Lago do not undergo the same background checks as White House visitors and visitor access records to the club have not been released to the public. The President has conducted official business and hosted international leaders at Mar-a-Lago. Media reports have shown President Trump and members of his Cabinet at Mar-a-Lago and nearby Trump International Golf Club interacting with members and guests, providing access unavailable to the general public. President Trump owns many other properties that offer similar amenities and membership-only access where he is likely to conduct official business during his term in office. On March 11, 2017, President Trump hosted several members of his Cabinet at his Trump National Golf Club in Potomac Falls, Virginia, to discuss homeland security, health care, and the economy according to media reports. Media reports have indicated that the President may use his Bedminster, New Jersey, resort as a "Summer White House". The people of the United States expect and deserve transparency in government. The policy to release visitor access records instituted by the previous administration appropriately balanced transparency with the need for confidentiality in government actions. To the extent Mar-a-Lago and any other private facilities become locations where the President conducts business and interacts with individuals who are not government officials, the same disclosures should apply. <SECTION-HEADER> IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS. Definitions. In this section: Covered location. The term "covered location" means the White House, the residence of the Vice President. And any other location at which the President or the Vice President regularly conducts official business. Covered records. The term "covered records" means information relating to a visit at a covered location, which shall include the name of each visitor at the covered location. The name of each individual with whom each visitor described in subparagraph (A) met at the covered location. And the purpose of the visit. Requirement. Except as provided in subsection (c), not later than 30 days after the date of enactment of this Act, the President shall establish, and update every 90 days, a publicly available database that contains covered records for the preceding 90-day period. Exceptions. In general. The President shall not include in the database established under subsection (b) any covered record the posting of which would implicate personal privacy or law enforcement concerns or threaten national security. Or relating to a purely personal guest at a covered location. Sensitive meetings. With respect to a particularly sensitive meeting at a covered location, the President shall include the number of visitors at the covered location in the database established under subsection. And post the applicable covered records in the database established under subsection (b) when the President determines that release of the covered records is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act or the MAR-A-LAGO Act This bill directs the President to establish and update, every 90 days, a publicly available database that contains records of: the name of each visitor at the White House, residence of the Vice-President, or any other location at which the President or Vice President regularly conducts official business. The name of each individual with whom the visitor met at the covered location. And the purpose of the visit. The President shall not include in the database any such record: (1) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security, or (2) relating to a purely personal guest at a covered location. For a particularly sensitive meeting, the President shall: (1) include in the database the number of visitors at the covered location, and (2) post the applicable records in the database when their release is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act

112_hr1471

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Government Shutdowns Act''. SEC. 2. AUTOMATIC CONTINUATION OF FEDERAL FUNDING. (a) In General.--If, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for any projects or activities of the Federal Government that were conducted in the previous fiscal year, and for which appropriations, funds, or other authority were made available in such fiscal year, there is appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such amounts as may be necessary for continuing such projects or activities (including the costs of direct loans and loan guarantees), at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for the project or activity for the previous fiscal year. (b) Continuation Period.--Appropriations and funds made available and authority granted for a project or activity pursuant to this Act shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation for such project or activity; (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity; or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity pursuant to subsection (a). SEC. 3. AVAILABILITY OF FUNDS. (a) Extent and Manner.--Appropriations made by section 2(a) shall be available to the extent and in the manner that would be provided by the applicable appropriation Act. (b) Coverage.--Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act. SEC. 4. USE OF FUNDS. (a) No New Starts.--No appropriation or funds made available or authority granted pursuant to section 2(a) shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year. (b) Apportionment Timing.--Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. (c) High Rates for Operation.--Notwithstanding any other provision of this Act, except section 2(b), for those programs that would otherwise have high rates for operation or complete distribution of appropriations in the period for which appropriations for such programs are made available under this Act because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates for operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives. (d) Limited Funding Actions.--This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities. (e) Prevention of Furloughs.--Amounts made available under section 2(a) for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriation Act for the previous fiscal year, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses. (f) Pay for Members of the Armed Forces.--During a period in which appropriations are made available under this Act for the pay of members of the Armed Forces, the rate of pay for such members shall not be decreased by reason of this Act. (g) Application of Certain Authorization Requirements.--Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). SEC. 5. ADJUSTMENT OF ACCOUNTS. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 6. ENTITLEMENTS AND OTHER MANDATORY PROGRAMS. (a) For entitlements and other mandatory payments whose budget authority was provided in previous appropriation Acts, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriation Act for the previous fiscal year, to be continued through the date on which appropriations for such programs under this Act expire (as specified in section 2(b)). (b) Notwithstanding section 2(b)(3), obligations for mandatory payments due on or about the first day of any month that begins after the first month in which appropriations for such programs are made under this Act but not later than 30 days after the date on which appropriations for such programs under this Act expire (as specified in section 2(b)(3)) may continue to be made, and funds shall be available for such payments.

Stop Government Shutdowns Act - Appropriates amounts for continuing federal projects and activities at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for them for the previous fiscal year if, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for such projects or activities. Makes appropriations, funds, and authority granted in this Act available until the earliest of: (1) the enactment into law of an appropriation for the project or activity concerned, (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity, or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity. Prohibits appropriations or funds made available or authority granted pursuant to this Act from being used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year. Authorizes the use of appropriations or funds made available or authority granted without regard to specified time limitations for submission and approval of apportionments requirements. But declares that nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. Prescribes requirements for: (1) denial of high rates for operation or complete distribution of appropriations in the lapsed-appropriations period, (2) the most limited funding action for continuation of projects and activities, and (3) apportionment of funds for civilian personnel compensation and benefits as necessary to avoid furloughs. Prohibits any decrease in the pay for members of the Armed Forces during a lapsed-appropriations period. Requires expenditures made pursuant to this Act to be charged to the applicable appropriation, fund, or authorization whenever an appropriations bill is subsequently enacted into law. Continues at a specified maintenance rate, through the date on which appropriations for such programs under this Act expires, certain activities with respect to entitlements and other mandatory payments whose budget authority was provided in previous appropriations Acts, as well as for activities under the Food and Nutrition Act of 2008.

To prevent Government shutdowns by providing for the automatic continuation of Federal funding during a lapse in appropriations.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Stop Government Shutdowns Act". <SECTION-HEADER> AUTOMATIC CONTINUATION OF FEDERAL FUNDING. In General. If, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for any projects or activities of the Federal Government that were conducted in the previous fiscal year, and for which appropriations, funds, or other authority were made available in such fiscal year, there is appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such amounts as may be necessary for continuing such projects or activities , at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for the project or activity for the previous fiscal year. Continuation Period. Appropriations and funds made available and authority granted for a project or activity pursuant to this Act shall be available until whichever of the following first occurs: the enactment into law of an appropriation for such project or activity. The enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity. Or the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity pursuant to subsection . <SECTION-HEADER> AVAILABILITY OF FUNDS. Extent and Manner. Appropriations made by section 2(a) shall be available to the extent and in the manner that would be provided by the applicable appropriation Act. Coverage. Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act. <SECTION-HEADER> USE OF FUNDS. No New Starts. No appropriation or funds made available or authority granted pursuant to section 2(a) shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year. Apportionment Timing. Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. High Rates for Operation. Notwithstanding any other provision of this Act, except section 2(b), for those programs that would otherwise have high rates for operation or complete distribution of appropriations in the period for which appropriations for such programs are made available under this Act because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates for operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives. Limited Funding Actions. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities. Prevention of Furloughs. Amounts made available under section 2(a) for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriation Act for the previous fiscal year, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses. Pay for Members of the Armed Forces. During a period in which appropriations are made available under this Act for the pay of members of the Armed Forces, the rate of pay for such members shall not be decreased by reason of this Act. Application of Certain Authorization Requirements. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 , section 15 of the State Department Basic Authorities Act of 1956 , section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 , and section 504(a)(1) of the National Security Act of 1947 (50 USC. 414(a)(1)). <SECTION-HEADER> ADJUSTMENT OF ACCOUNTS. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. <SECTION-HEADER> ENTITLEMENTS AND OTHER MANDATORY PROGRAMS. For entitlements and other mandatory payments whose budget authority was provided in previous appropriation Acts, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriation Act for the previous fiscal year, to be continued through the date on which appropriations for such programs under this Act expire (as specified in section 2(b)). Notwithstanding section 2(b)(3), obligations for mandatory payments due on or about the first day of any month that begins after the first month in which appropriations for such programs are made under this Act but not later than 30 days after the date on which appropriations for such programs under this Act expire (as specified in section 2(b)(3)) may continue to be made, and funds shall be available for such payments.

Stop Government Shutdowns Act - Appropriates amounts for continuing federal projects and activities at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for them for the previous fiscal year if, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for such projects or activities. Makes appropriations, funds, and authority granted in this Act available until the earliest of: (1) the enactment into law of an appropriation for the project or activity concerned, (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity, or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity. Prohibits appropriations or funds made available or authority granted pursuant to this Act from being used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year. Authorizes the use of appropriations or funds made available or authority granted without regard to specified time limitations for submission and approval of apportionments requirements. But declares that nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. Prescribes requirements for: (1) denial of high rates for operation or complete distribution of appropriations in the lapsed-appropriations period, (2) the most limited funding action for continuation of projects and activities, and (3) apportionment of funds for civilian personnel compensation and benefits as necessary to avoid furloughs. Prohibits any decrease in the pay for members of the Armed Forces during a lapsed-appropriations period. Requires expenditures made pursuant to this Act to be charged to the applicable appropriation, fund, or authorization whenever an appropriations bill is subsequently enacted into law. Continues at a specified maintenance rate, through the date on which appropriations for such programs under this Act expires, certain activities with respect to entitlements and other mandatory payments whose budget authority was provided in previous appropriations Acts, as well as for activities under the Food and Nutrition Act of 2008.

To prevent Government shutdowns by providing for the automatic continuation of Federal funding during a lapse in appropriations.

110_hr2822

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Ethics Commission Act of 2007''. SEC. 2. ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION. (a) Establishment.--There is established an independent ethics commission within the House of Representatives to be known as the Independent Ethics Committee (in this Act referred to as the ``Commission''). (b) Membership and Terms of Office.--(1) The Commission shall consist of 9 commissioners, 4 appointed by the Speaker and 4 by the minority leader of the House, and one selected by the affirmative vote of two-thirds of the 8 appointed commissioners for a term of 5 years. No commissioner may serve for more than 5 years. (2) Commissioners shall be appointed for terms of 5 years, except that of the commissioners first appointed, 2 appointed by the Speaker and 2 by the minority leader shall be for 3-year terms and 2 appointed by the Speaker and 2 by the minority leader shall be for 4-year terms as designated by the Speaker and the minority leader at the time of appointment. (c) Qualifications.--Only former Federal judges shall be eligible for appointment to the Commission. (1) Disqualifications for appointments.-- (A) Lobbying.--No individual who has been a lobbyist registered under the Lobbying Disclosure Act of 1995 or engages in, or is otherwise employed in, lobbying of the Congress or who is an agent of a foreign principal registered under the Foreign Agents Registration Act within the 4-year period immediately preceding appointment shall be eligible for appointment to, or service on, the Commission. (B) Incompatible office.--No member of the Commission appointed under subsection (b) may be a Member of the House of Representatives or Senator. (2) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.--Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for Level III of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum. (f) Meetings.--The Commission shall meet at the call a majority of its members. SEC. 3. DUTIES OF COMMISSION. (a) Duties.--The Commission is authorized-- (1) to receive, monitor, and oversee financial disclosure and other reports filed by Members of the House and officers and employees of the House under the Ethics in Government Act of 1978, and reports filed by registered lobbyists under the Lobbying Disclosure Act of 1995; (2) in accordance with the procedures set forth under subsection (b), to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any rule or other standard of conduct applicable to the conduct of such Member, officer, or employee under House rules in the performance of his duties or the discharge of his responsibilities; (3) to present a case of probable ethics violations to the Committee on Standards of Official Conduct of the House of Representatives; (4) to make recommendations to the Committee on Standards of Official Conduct of the House of Representatives that it report to the appropriate Federal or State authorities any substantial evidence of a violation by a Member, officer, or employee of the House of Representatives of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in an investigation by the Office; (5) to provide information and informal guidance to Members, officers and employees of the House of Representatives regarding any rules and other standards of conduct applicable to such individuals in their official capacities, and develop and carry out periodic educational briefings for Members, officers, and employees of the House of Representatives on those laws, rules, regulations, or other standards; and (6) to give consideration to the request of any Member, officer, or employee of the House of Representatives for a formal advisory opinion or other formal ruling, subject to the review of the Committee on Standards of Official Conduct of the House of Representatives, as applicable, with respect to the general propriety of any current or proposed conduct of such Member, officer, or employee and, with appropriate deletions to assure the privacy of the individual concerned, to publish such opinion for the guidance of other Members, officers, and employees of the House of Representatives. (b) Procedures for Initiation of Investigations and Other Matters.-- (1) In general.--An investigation may be initiated by the filing of a complaint with the Commission by a Member of the House of Representatives or an outside complainant, or by the Commission on its own initiative, based on any information in its possession. The Commission shall not accept a complaint concerning a Member within 90 days of an election involving such Member. (2) Deadline for determination of action.-- (A) In general.--Not later than 45 days after receiving a complaint, the Commission shall make an initial determination as to whether the complaint should be dismissed or whether there are sufficient grounds to conduct an investigation in response to the complaint. (B) Extension upon majority approval.--The Commission may, by vote of the majority of its members, extend the deadline established under subparagraph (A) to such deadline as it considers appropriate. (C) Treatment of frivolous complaints.--In any instance in which the Commission decides to dismiss a complaint, the Commission may issue a determination that the complaint is frivolous. If the Commission issues such a determination, the Commission may not accept any future complaint filed by that same person and the complainant shall be required to pay for the costs of the Commission resulting from such complaint. The Commission may refer the matter to the Attorney General to collect such costs. (D) Special rule for investigations conducted on commission's own initiative.--For any investigation conducted by the Commission at its own initiative, the Commission shall make a preliminary determination of whether there are sufficient grounds to conduct an investigation. Before making that determination, the subject of the investigation shall be provided by the Commission with an opportunity to submit information to the Commission to show that there are not sufficient grounds to conduct an investigation. SEC. 4. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission may for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) subject to subsection (b), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission may determine advisable. (b) Subpoenas.--A subpoena may be issued only with a majority of the Commission. (c) Obtaining Information.--Upon request of the Commission, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the Commission to enable it to carry out its duties. (d) Referrals to the Department of Justice.--Whenever the Commission has reason to believe that a violation of the Lobbying Disclosure Act of 1995 may have occurred, that matter may be referred to the Department of Justice for it to investigate. (e) General Audits.--The Commission shall have the authority to conduct general audits of filings under the Lobbying Disclosure Act of 1995. SEC. 5. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) Notification.--Whenever the Commission determines that there are sufficient grounds to conduct an investigation-- (1) the Commission shall notify the Committee on Standards of Official Conduct of this determination; (2) the applicable committee may overrule the determination of the Commission if, within 10 legislative days-- (A) the committee by an affirmative, roll-call vote of two-thirds of the full committee votes to overrule the determination of the Commission; (B) the committee issues a public report detailing its reasoning for overruling the Commission; (C) the vote of each member of the committee on such roll-call vote is included in the report; (D) dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote; and (E) if the committee votes to overrule the determination of the Commission pursuant to subparagraph (B), the Commission may publish and make available to the general public a report detailing the reasons that the Commission concluded there were sufficient grounds to conduct an investigation. (b) Conducting Investigations.--(1) If the Commission determines that there are sufficient grounds to conduct an investigation and his determination is not overruled under subsection (a)(5), the Commission shall conduct an investigation to determine if probable cause exists that a violation occurred. (2) As part of an investigation, the Commission may-- (A) administer oaths; (B) issue subpoenas; (C) compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony; and (D) take the deposition of witnesses. (3) If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter, he may be held in contempt of Congress. (c) Presentation of Case to House Committee on Standards of Official Conduct.--(1) If the Commission determines, upon conclusion of an investigation, that probable cause exists that an ethics violation has occurred, the Commission shall notify the Committee on Standards of Official Conduct of the House of Representatives of this determination. (2) The committee may overrule the determination of the Commission if, within 10 legislative days-- (A) the committee by an affirmative, roll-call vote of two- thirds of the full committee votes to overrule the determination of the Commission; (B) the committee issues a public report detailing its reasoning for overruling the Commission; (C) the vote of each member of the committee on such roll- call vote is included in the report; and (D) dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote. (3) If the committee votes to overrule the determination of the Commission pursuant to paragraph (2), the Commission may publish and make available to the general public a report detailing the reasons that he concluded there were sufficient grounds to present such case to the committee. (4)(A) If the Commission determines there is probable cause that an ethics violation has occurred and the Commission's determination is not overruled, the Commission shall present the case and evidence to the Committee on Standards of Official Conduct of the House of Representatives to hear and make a determination pursuant to its rules. (B) The committee shall vote upon whether the individual who is the subject of the investigation has violated any rules or other standards of conduct applicable to that individual in his official capacity. Such votes shall be a roll-call vote of the full committee, a quorum being present. The committee shall issue a public report which shall include the vote of each member of the committee on such roll-call vote. Dissenting members may issue their own report detailing their own reasons for disagreeing with the majority vote. (d) Sanctions.--Whenever the Committee on Standards of Official Conduct of the House of Representatives finds that an ethics violation has occurred the Commission shall recommend appropriate sanctions to the committee and whether a matter should be referred to the Department of Justice for investigation. SEC. 6. PROCEDURAL RULES. (a) Majority Approval.--No report or recommendation relating to the official conduct of a Member, officer, or employee of the House of Representatives shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission. (b) Investigations.--Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only-- (1) upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or (2) upon receipt of a complaint from the chairman of the Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee. (c) Prohibition of Certain Investigations.--No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation. (d) Disclosure.--No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the Commission. SEC. 7. STAFF OF COMMISSION. The Commission may appoint and fix the compensation of such staff as the Commission considers necessary to perform its duties. The Commission shall be appointed jointly by the Speaker and minority leader and shall be paid at a rate not to exceed the rate of basic pay payable for Level III of the Executive Schedule. SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of the House of Representatives is amended as follows: (1) In paragraph (a), strike subparagraphs (1), (2), and (3), and redesignate subparagraphs (4), (5), and (6), as subparagraphs (1), (2), and (3), respectively. (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by striking ``a resolution, report, recommendation, or'' and inserting ``an'', and by striking ``, or, except as provided in subparagraph (2), undertake an investigation'', and by striking subdivision (B). (B) Paragraph (b) is further amended by striking subparagraphs (2), (3), (4), and (5) and by redesignating subparagraphs (6) and (7) as subparagraphs (2) and (3), respectively. (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and (q). (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d). SEC. 9. ACTION ON COMMISSION RECOMMENDATIONS. (a) Printing of Reports in Congressional Record.--Upon receipt by the Committee on Standards of Official Conduct of the House of Representatives of any report of the Commission, the Speaker of the House of Representatives shall have the report printed in the Congressional Record. (b) House Consideration of Independent Ethics Commission Recommendations.--Within 14 calendar days after a report referred to in subsection (a) is printed in the Congressional Record, that portion of the report recommending action by the House of Representatives respecting any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities shall be introduced (by request) in the House by the Speaker of the House, for himself and the minority leader of the House in the form of a resolution. This resolution shall constitute a question of privilege under rule IX of the Rules of the House of Representatives. Any Member favoring the resolution may call it up as a question of privilege but only on the third day after the calendar date upon which such Member announces to the House his intention to do so. SEC. 10. EFFECTIVE DATE. This Act shall take effect upon the date of its enactment, except that sections 3, 4, and 8 shall take effect immediately prior to noon January 3, 2009.

Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges. Prescribes procedures for: (1) initiation of investigations, upon the filing of a complaint or upon the Commission's own initiative, and (2) for consequent actions.

To establish an Independent Ethics Commission within the House of Representatives composed of former Federal judges.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Independent Ethics Commission Act of 2007". <SECTION-HEADER> ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION. Establishment. There is established an independent ethics commission within the House of Representatives to be known as the Independent Ethics Committee . Membership and Terms of Office. (1) The Commission shall consist of 9 commissioners, 4 appointed by the Speaker and 4 by the minority leader of the House, and one selected by the affirmative vote of two-thirds of the 8 appointed commissioners for a term of 5 years. No commissioner may serve for more than 5 years. Commissioners shall be appointed for terms of 5 years, except that of the commissioners first appointed, 2 appointed by the Speaker and 2 by the minority leader shall be for 3-year terms and 2 appointed by the Speaker and 2 by the minority leader shall be for 4-year terms as designated by the Speaker and the minority leader at the time of appointment. Qualifications. Only former Federal judges shall be eligible for appointment to the Commission. Disqualifications for appointments. Lobbying. No individual who has been a lobbyist registered under the Lobbying Disclosure Act of 1995 or engages in, or is otherwise employed in, lobbying of the Congress or who is an agent of a foreign principal registered under the Foreign Agents Registration Act within the 4-year period immediately preceding appointment shall be eligible for appointment to, or service on, the Commission. Incompatible office. No member of the Commission appointed under subsection (b) may be a Member of the House of Representatives or Senator. Vacancies. A vacancy on the Commission shall be filled in the manner in which the original appointment was made. Compensation. Members shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for Level III of the Executive Schedule for each day during which they are engaged in the actual performance of duties vested in the Commission. Quorum. A majority of the members of the Commission shall constitute a quorum. Meetings. The Commission shall meet at the call a majority of its members. <SECTION-HEADER> DUTIES OF COMMISSION. Duties. The Commission is authorized to receive, monitor, and oversee financial disclosure and other reports filed by Members of the House and officers and employees of the House under the Ethics in Government Act of 1978, and reports filed by registered lobbyists under the Lobbying Disclosure Act of 1995. In accordance with the procedures set forth under subsection (b), to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any rule or other standard of conduct applicable to the conduct of such Member, officer, or employee under House rules in the performance of his duties or the discharge of his responsibilities. To present a case of probable ethics violations to the Committee on Standards of Official Conduct of the House of Representatives. To make recommendations to the Committee on Standards of Official Conduct of the House of Representatives that it report to the appropriate Federal or State authorities any substantial evidence of a violation by a Member, officer, or employee of the House of Representatives of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in an investigation by the Office. To provide information and informal guidance to Members, officers and employees of the House of Representatives regarding any rules and other standards of conduct applicable to such individuals in their official capacities, and develop and carry out periodic educational briefings for Members, officers, and employees of the House of Representatives on those laws, rules, regulations, or other standards. And to give consideration to the request of any Member, officer, or employee of the House of Representatives for a formal advisory opinion or other formal ruling, subject to the review of the Committee on Standards of Official Conduct of the House of Representatives, as applicable, with respect to the general propriety of any current or proposed conduct of such Member, officer, or employee and, with appropriate deletions to assure the privacy of the individual concerned, to publish such opinion for the guidance of other Members, officers, and employees of the House of Representatives. Procedures for Initiation of Investigations and Other Matters. In general. An investigation may be initiated by the filing of a complaint with the Commission by a Member of the House of Representatives or an outside complainant, or by the Commission on its own initiative, based on any information in its possession. The Commission shall not accept a complaint concerning a Member within 90 days of an election involving such Member. Deadline for determination of action. In general. Not later than 45 days after receiving a complaint, the Commission shall make an initial determination as to whether the complaint should be dismissed or whether there are sufficient grounds to conduct an investigation in response to the complaint. Extension upon majority approval. The Commission may, by vote of the majority of its members, extend the deadline established under subparagraph (A) to such deadline as it considers appropriate. Treatment of frivolous complaints. In any instance in which the Commission decides to dismiss a complaint, the Commission may issue a determination that the complaint is frivolous. If the Commission issues such a determination, the Commission may not accept any future complaint filed by that same person and the complainant shall be required to pay for the costs of the Commission resulting from such complaint. The Commission may refer the matter to the Attorney General to collect such costs. Special rule for investigations conducted on commission's own initiative. For any investigation conducted by the Commission at its own initiative, the Commission shall make a preliminary determination of whether there are sufficient grounds to conduct an investigation. Before making that determination, the subject of the investigation shall be provided by the Commission with an opportunity to submit information to the Commission to show that there are not sufficient grounds to conduct an investigation. <SECTION-HEADER> POWERS OF COMMISSION. Hearings and Evidence. The Commission may for the purpose of carrying out this Act hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths. And subject to subsection (b), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission may determine advisable. Subpoenas. A subpoena may be issued only with a majority of the Commission. Obtaining Information. Upon request of the Commission, the head of any agency or instrumentality of the Government shall furnish information deemed necessary by the Commission to enable it to carry out its duties. Referrals to the Department of Justice. Whenever the Commission has reason to believe that a violation of the Lobbying Disclosure Act of 1995 may have occurred, that matter may be referred to the Department of Justice for it to investigate. General Audits. The Commission shall have the authority to conduct general audits of filings under the Lobbying Disclosure Act of 1995. <SECTION-HEADER> INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. Notification. Whenever the Commission determines that there are sufficient grounds to conduct an investigation the Commission shall notify the Committee on Standards of Official Conduct of this determination. The applicable committee may overrule the determination of the Commission if, within 10 legislative days the committee by an affirmative, roll-call vote of two-thirds of the full committee votes to overrule the determination of the Commission. The committee issues a public report detailing its reasoning for overruling the Commission. The vote of each member of the committee on such roll-call vote is included in the report. Dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote. And if the committee votes to overrule the determination of the Commission pursuant to subparagraph (B), the Commission may publish and make available to the general public a report detailing the reasons that the Commission concluded there were sufficient grounds to conduct an investigation. Conducting Investigations. (1) If the Commission determines that there are sufficient grounds to conduct an investigation and his determination is not overruled under subsection (a)(5), the Commission shall conduct an investigation to determine if probable cause exists that a violation occurred. As part of an investigation, the Commission may administer oaths, issue subpoenas. Compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony. And take the deposition of witnesses. If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter, he may be held in contempt of Congress. Presentation of Case to House Committee on Standards of Official Conduct. (1) If the Commission determines, upon conclusion of an investigation, that probable cause exists that an ethics violation has occurred, the Commission shall notify the Committee on Standards of Official Conduct of the House of Representatives of this determination. The committee may overrule the determination of the Commission if, within 10 legislative days the committee by an affirmative, roll-call vote of two- thirds of the full committee votes to overrule the determination of the Commission. The committee issues a public report detailing its reasoning for overruling the Commission. The vote of each member of the committee on such roll- call vote is included in the report. And dissenting members are allowed to issue their own report detailing their reasons for disagreeing with the majority vote. If the committee votes to overrule the determination of the Commission pursuant to paragraph (2), the Commission may publish and make available to the general public a report detailing the reasons that he concluded there were sufficient grounds to present such case to the committee. (A) If the Commission determines there is probable cause that an ethics violation has occurred and the Commission's determination is not overruled, the Commission shall present the case and evidence to the Committee on Standards of Official Conduct of the House of Representatives to hear and make a determination pursuant to its rules. The committee shall vote upon whether the individual who is the subject of the investigation has violated any rules or other standards of conduct applicable to that individual in his official capacity. Such votes shall be a roll-call vote of the full committee, a quorum being present. The committee shall issue a public report which shall include the vote of each member of the committee on such roll-call vote. Dissenting members may issue their own report detailing their own reasons for disagreeing with the majority vote. Sanctions. Whenever the Committee on Standards of Official Conduct of the House of Representatives finds that an ethics violation has occurred the Commission shall recommend appropriate sanctions to the committee and whether a matter should be referred to the Department of Justice for investigation. <SECTION-HEADER> PROCEDURAL RULES. Majority Approval. No report or recommendation relating to the official conduct of a Member, officer, or employee of the House of Representatives shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission. Investigations. Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or upon receipt of a complaint from the chairman of the Committee on Standards of Official Conduct of the House of Representatives, in writing and under oath, made by that committee. Prohibition of Certain Investigations. No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation. Disclosure. No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the Commission. <SECTION-HEADER> STAFF OF COMMISSION. The Commission may appoint and fix the compensation of such staff as the Commission considers necessary to perform its duties. The Commission shall be appointed jointly by the Speaker and minority leader and shall be paid at a rate not to exceed the rate of basic pay payable for Level III of the Executive Schedule. <SECTION-HEADER> AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. House Rules Amendments. Clause 3 of rule XI of the Rules of the House of Representatives is amended as follows: In paragraph (a), strike subparagraphs (1), (2), and , and redesignate subparagraphs (4), (5), and (6), as subparagraphs (1), (2), and (3), respectively. (A) Paragraph (b)(1) is amended by striking "(A)", by striking "a resolution, report, recommendation, or" and inserting "an", and by striking ", or, except as provided in subparagraph (2), undertake an investigation", and by striking subdivision (B). Paragraph (b) is further amended by striking subparagraphs (2), (3), (4), and (5) and by redesignating subparagraphs (6) and (7) as subparagraphs (2) and (3), respectively. Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and . Conforming Amendments. Section 803 of the Ethics Reform Act of 1989 is amended by striking subsections (c) and (d). <SECTION-HEADER> ACTION ON COMMISSION RECOMMENDATIONS. Printing of Reports in Congressional Record. Upon receipt by the Committee on Standards of Official Conduct of the House of Representatives of any report of the Commission, the Speaker of the House of Representatives shall have the report printed in the Congressional Record. House Consideration of Independent Ethics Commission Recommendations. Within 14 calendar days after a report referred to in subsection (a) is printed in the Congressional Record, that portion of the report recommending action by the House of Representatives respecting any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities shall be introduced in the House by the Speaker of the House, for himself and the minority leader of the House in the form of a resolution. This resolution shall constitute a question of privilege under rule IX of the Rules of the House of Representatives. Any Member favoring the resolution may call it up as a question of privilege but only on the third day after the calendar date upon which such Member announces to the House his intention to do so. <SECTION-HEADER> EFFECTIVE DATE. This Act shall take effect upon the date of its enactment, except that sections 3, 4, and 8 shall take effect immediately prior to noon January 3, 2009.

Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges. Prescribes procedures for: (1) initiation of investigations, upon the filing of a complaint or upon the Commission's own initiative, and (2) for consequent actions.

To establish an Independent Ethics Commission within the House of Representatives composed of former Federal judges.

111_hr5674

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Reduction and Energy Security Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Environmental Protection Agency (``EPA'') was required by the terms of the Clean Air Act Amendments of 1990 and a 1998 consent agreement to determine whether regulation of mercury from electric utility steam generating units under section 112 of the Clean Air Act was appropriate and necessary. (2) In a December 2000, regulatory finding, the EPA concluded that regulation of mercury from electric utility steam generating units was appropriate and necessary. (3) In 2005, the EPA withdrew its 2000 regulatory finding in favor of a national cap-and-trade system for mercury emissions from electric utility steam generating units, the Clean Air Mercury Rule (``CAMR''). (4) CAMR was subsequently challenged in petitions for review filed by 17 States. (5) The United States Court of Appeals for the District of Columbia Circuit vacated the rule on February 8, 2008, finding that once the EPA had listed electric utility steam generating units as a source of hazardous air pollutants, it was required by law to proceed with Maximum Achievable Control Technology (``MACT'') regulations under section 112 of the Clean Air Act unless it delisted the source category, under procedures set forth in section 112(c)(9). (6) Mercury control technologies for coal-fired electric utility steam generating units have advanced rapidly in the last few years. (b) Purpose.--The purpose of this Act is to protect public health and welfare, and the environment, through mercury emission reductions from electric utility steam generating units. SEC. 3. MERCURY EMISSION REDUCTIONS. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following new title: ``TITLE VII--MERCURY REDUCTIONS ``SEC. 701. DEFINITIONS. ``In this title: ``(1) Affected unit.--The term `affected unit' means a coal-fired electric steam generating unit (including a cogeneration unit) that-- ``(A) has a nameplate capacity greater than 25 megawatts; and ``(B) generates electricity for sale. ``(2) Cogeneration unit.--The term `cogeneration unit' means a stationary, coal-fired boiler or a stationary, coal- fired combustion turbine having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy that produces during the 12-month period starting on the date the unit first produces electricity and during any calendar year after which the unit first produces electricity-- ``(A) for a topping-cycle cogeneration unit-- ``(i) useful thermal energy not less than 5 percent of total energy output; and ``(ii) useful power that, when added to one-half of useful thermal energy produced, is not less than-- ``(I) 42.5 percent of total energy input if useful thermal energy produced is 15 percent or more of total energy output; or ``(II) 45 percent of total energy input if useful thermal energy produced is less than 15 percent of total energy output; and ``(B) for a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input. ``(3) Inlet mercury.--The term `inlet mercury' means the quantity of mercury found-- ``(A) in the as-fired coal used by an affected unit; or ``(B) for an affected unit using coal that is subjected to an advanced coal cleaning technology, in the as-mined coal used by the affected unit. ``SEC. 702. MERCURY REDUCTION PROGRAM. ``(a) Annual Limitation for Affected Units.--Except as provided in subsection (f), an affected unit in operation before or after the date of enactment of this title shall be subject to the following emission limitations on an annual average calendar year basis with respect to mercury: ``(1) Calendar years 2012 through 2014.--For the period beginning on January 1, 2012, and ending on December 31, 2014, the less stringent limitation of the following (calculated on a one-year rolling average): ``(A) 80 percent capture of inlet mercury. ``(B) An emission rate of 1.60 pounds of mercury per trillion British thermal units of input coal. ``(2) Calendar year 2015 and thereafter.--For calendar year 2015 and each calendar year thereafter, the less stringent limitation of the following (calculated on a one-year rolling average): ``(A) 90 percent capture of inlet mercury. ``(B) An emission rate of 0.80 pounds of mercury per trillion British thermal units of input coal. ``(b) Averaging Across Units Within a Facility or State.--(1) An owner or operator of more than one affected unit at a single facility may demonstrate compliance with the applicable annual average emission limitations under subsection (a) by averaging emissions from all affected units at that facility, weighted by total input coal British thermal units. ``(2) An owner or operator of more than one affected unit or units within a State may demonstrate compliance with the applicable annual average emission limitations under subsection (a) by averaging emissions from all affected units owned or operated by that owner or operator within such State, weighted by total input coal British thermal units, if all affected units are owned or operated by the same entity. ``(3) If an affected unit is owned or operated by more than one entity, the State in which the affected unit is located shall allocate to each such owner or operator an appropriate portion of the generation from the affected unit for purposes of averaging emissions pursuant to paragraph (1) or (2). ``(c) Reference Methods for Measuring Mercury Emissions.--(1) The owner or operator of an affected unit shall use any of the following methods as a reference method to calibrate the instruments used to measure the mercury concentration in emissions from affected units: ``(A) ASTM D6784-02, `Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources' (Ontario Hydro Method). ``(B) 40 C.F.R. Part 60, Appendix A-8, Method 29, `Determination of Metals Emissions from Stationary Sources'. ``(C) 40 C.F.R. Part 60, Appendix A-8, Method 30A, `Determination of Total Vapor Phase Mercury Emissions from Stationary Sources (Instrumental Analyzer Procedure)'. ``(D) 40 C.F.R. Part 60, Appendix A-8, Method 30B, `Determination of Total Vapor Phase Mercury Emissions from Coal-Fired Combustion Sources Using Carbon Sorbent Traps'. ``(2) The Administrator may revise or supplement the list of permitted methods set forth in paragraph (1) to reflect improvements or other developments in the measurement of mercury emissions from coal- fired electric steam generating units. ``(d) Monitoring System.--(1) The owner or operator of an affected unit shall install and operate a continuous emissions monitoring system (CEMS) to measure the quantity of mercury that is emitted from each affected unit. ``(2) For purposes of complying with paragraph (1), the owner or operator of an affected unit may use-- ``(A) any CEMS that meets the requirements in Performance Specification 12A (PS-12A), `Specifications and Test Procedures for Total Vapor-Phase Mercury Continuous Monitoring Systems in Stationary Sources'; ``(B) a mercury concentration CEMS that meets the requirements of 40 C.F.R. Part 75; or ``(C) a sorbent trap monitoring system that meets the requirements of 40 C.F.R. 75.15 and 40 C.F.R. Part 75, Appendix K, `Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems'; ``(3) The Administrator may revise or supplement the list of permitted monitoring systems set forth in paragraph (2) to reflect improvements or other developments in mercury emissions reduction technologies and mercury emissions monitoring systems. ``(e) Excess Emissions.--(1) Except as provided in subsection (f), the owner or operator of an affected unit that emits mercury in excess of the applicable annual average emission limitation under subsection (a) shall pay an excess emissions penalty determined under paragraph (2). ``(2) The excess emissions penalty for mercury shall be an amount equal to $50,000 for each pound of mercury emitted in excess of the applicable annual average emission limitation under subsection (a). Such penalty shall be prorated for each fraction of a pound. ``(f) Best Practices.--(1) Effective, January 1, 2015, if the owner or operator of any affected unit fails to achieve the annual average emission limitation under subsection (a)(2), such owner or operator may notify the Administrator of such failure prior to March 1, 2015, and request an alternate emissions limitation for mercury with respect to such affected unit. Such owner or operator shall submit to the Administrator mercury emissions data measured by a CEMS that complies with subsection (d) for evaluation. If the Administrator determines that such owner or operator has properly installed and operated such CEMS and control technology designed to achieve such annual average emission limitation and is unable to meet such limitation, the Administrator may, not later than April 1, 2016, establish an alternate emissions limitation for mercury with respect to such affected unit based on the optimal performance of properly installed and operated control technology. ``(2) With respect to any affected unit, for any year for which an alternate emissions limitation for mercury is in place for such affected unit, the Administrator may review such alternate emissions limitation and impose a more stringent emissions limitation for mercury for the subsequent year based on new data regarding the demonstrated control capabilities of the type of control technology installed and operated at such affected unit. ``(3)(A) Except as provided in subparagraph (B), an owner or operator of an affected unit failing to achieve the annual average emission limitation under subsection (a)(2) that notifies the Administrator of such failure and requests and alternate emissions limitation for mercury pursuant to paragraph (1) shall be considered in compliance with this section (and not subject to any excess emissions penalty) for the period beginning on January 1, 2015, and ending on the date such an alternate emissions limitation is implemented. ``(B) An owner or operator described in subparagraph (A) shall pay an excess emissions penalty, as determined under subsection (e)(2), for the period described in such subparagraph, if such owner or operator operates or maintains the affected unit, including any associated air pollution control equipment, in a manner that is inconsistent with good air pollution control practices for the minimization of mercury emissions, as determined by the Administrator. In determining whether the owner or operator of the affected unit operates and maintains the affected unit in a manner that is consistent with good air pollution control practices for the minimization of mercury emissions, the Administrator may review the emissions monitoring data and operating and maintenance procedures of the affected unit and may inspect the affected unit. ``(4)(A) With respect to any affected unit for which an alternate emissions limitation for mercury is in place under this subsection, the owner or operator of such affected unit that emits mercury in excess of such alternate emissions limitation shall pay an excess emissions penalty determined under subparagraph (B). ``(B) The excess emissions penalty for mercury for an owner or operator of an affected unit described in subparagraph (A) shall be an amount equal to $50,000 for each pound of mercury emitted in excess of the alternate emissions limitation for mercury in place for such affected unit. Such penalty shall be prorated for each fraction of a pound. ``(g) Sole Limitation on Mercury.--This title shall apply the sole emission standard or limitation under this Act with regard to the emission of mercury from electric utility steam generating units and shall supersede any other such requirement under section 112 or any other provision of this Act. ``(h) Relationship to Other Law.--Except as otherwise specifically provided in this title, nothing in this title precludes a State or political subdivision of a State from adopting or enforcing any additional requirements for the control or abatement of mercury emissions, except that no State or political subdivision thereof shall adopt or attempt to enforce any standard relating to the reduction or control of mercury emissions from electric utility steam generating units that is less stringent than the standards provided in this title.''.

Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units to reduce mercury emissions by the less stringent limitation of: (1) 80 capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014. And (2) 90 capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter. Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units. Establishes excess emissions penalties for mercury. Sets forth compliance provisions. Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation. (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations. And (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015. Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units.

To amend the Clean Air Act to require reductions in mercury emissions from electric utility steam generating units, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Mercury Reduction and Energy Security Act of 2010". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress finds the following: The Environmental Protection Agency ("EPA") was required by the terms of the Clean Air Act Amendments of 1990 and a 1998 consent agreement to determine whether regulation of mercury from electric utility steam generating units under section 112 of the Clean Air Act was appropriate and necessary. In a December 2000, regulatory finding, the EPA concluded that regulation of mercury from electric utility steam generating units was appropriate and necessary. In 2005, the EPA withdrew its 2000 regulatory finding in favor of a national cap-and-trade system for mercury emissions from electric utility steam generating units, the Clean Air Mercury Rule ("CAMR"). CAMR was subsequently challenged in petitions for review filed by 17 States. The United States Court of Appeals for the District of Columbia Circuit vacated the rule on February 8, 2008, finding that once the EPA had listed electric utility steam generating units as a source of hazardous air pollutants, it was required by law to proceed with Maximum Achievable Control Technology ("MACT") regulations under section 112 of the Clean Air Act unless it delisted the source category, under procedures set forth in section 112(c)(9). Mercury control technologies for coal-fired electric utility steam generating units have advanced rapidly in the last few years. Purpose. The purpose of this Act is to protect public health and welfare, and the environment, through mercury emission reductions from electric utility steam generating units. <SECTION-HEADER> MERCURY EMISSION REDUCTIONS. The Clean Air Act is amended by adding at the end the following new title: "TITLE VII MERCURY REDUCTIONS "Section 701. DEFINITIONS. "In this title: Affected unit. The term `affected unit' means a coal-fired electric steam generating unit that has a nameplate capacity greater than 25 megawatts. And generates electricity for sale. Cogeneration unit. The term `cogeneration unit' means a stationary, coal-fired boiler or a stationary, coal- fired combustion turbine having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy that produces during the 12-month period starting on the date the unit first produces electricity and during any calendar year after which the unit first produces electricity for a topping-cycle cogeneration unit useful thermal energy not less than 5 percent of total energy output. And useful power that, when added to one-half of useful thermal energy produced, is not less than 42.5 percent of total energy input if useful thermal energy produced is 15 percent or more of total energy output. Or 45 percent of total energy input if useful thermal energy produced is less than 15 percent of total energy output. And for a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input. Inlet mercury. The term `inlet mercury' means the quantity of mercury found in the as-fired coal used by an affected unit. Or for an affected unit using coal that is subjected to an advanced coal cleaning technology, in the as-mined coal used by the affected unit. "Section 702. MERCURY REDUCTION PROGRAM. Annual Limitation for Affected Units. Except as provided in subsection (f), an affected unit in operation before or after the date of enactment of this title shall be subject to the following emission limitations on an annual average calendar year basis with respect to mercury: Calendar years 2012 through 2014. For the period beginning on January 1, 2012, and ending on December 31, 2014, the less stringent limitation of the following : 80 percent capture of inlet mercury. An emission rate of 1.60 pounds of mercury per trillion British thermal units of input coal. Calendar year 2015 and thereafter. For calendar year 2015 and each calendar year thereafter, the less stringent limitation of the following : 90 percent capture of inlet mercury. An emission rate of 0.80 pounds of mercury per trillion British thermal units of input coal. Averaging Across Units Within a Facility or State. (1) An owner or operator of more than one affected unit at a single facility may demonstrate compliance with the applicable annual average emission limitations under subsection (a) by averaging emissions from all affected units at that facility, weighted by total input coal British thermal units. An owner or operator of more than one affected unit or units within a State may demonstrate compliance with the applicable annual average emission limitations under subsection (a) by averaging emissions from all affected units owned or operated by that owner or operator within such State, weighted by total input coal British thermal units, if all affected units are owned or operated by the same entity. If an affected unit is owned or operated by more than one entity, the State in which the affected unit is located shall allocate to each such owner or operator an appropriate portion of the generation from the affected unit for purposes of averaging emissions pursuant to paragraph (1) or (2). Reference Methods for Measuring Mercury Emissions. (1) The owner or operator of an affected unit shall use any of the following methods as a reference method to calibrate the instruments used to measure the mercury concentration in emissions from affected units: ASTM D6784-02, `Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources' . 40 C. F. R. Part 60, Appendix A-8, Method 29, `Determination of Metals Emissions from Stationary Sources'. 40 C. F. R. Part 60, Appendix A-8, Method 30A, `Determination of Total Vapor Phase Mercury Emissions from Stationary Sources '. 40 C. F. R. Part 60, Appendix A-8, Method 30B, `Determination of Total Vapor Phase Mercury Emissions from Coal-Fired Combustion Sources Using Carbon Sorbent Traps'. The Administrator may revise or supplement the list of permitted methods set forth in paragraph (1) to reflect improvements or other developments in the measurement of mercury emissions from coal- fired electric steam generating units. Monitoring System. (1) The owner or operator of an affected unit shall install and operate a continuous emissions monitoring system to measure the quantity of mercury that is emitted from each affected unit. For purposes of complying with paragraph (1), the owner or operator of an affected unit may use any CEMS that meets the requirements in Performance Specification 12A (PS-12A), `Specifications and Test Procedures for Total Vapor-Phase Mercury Continuous Monitoring Systems in Stationary Sources'. A mercury concentration CEMS that meets the requirements of 40 C. F. R. Part 75. Or a sorbent trap monitoring system that meets the requirements of 40 C. F. R. 75.15 and 40 C. F. R. Part 75, Appendix K, `Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems'. The Administrator may revise or supplement the list of permitted monitoring systems set forth in paragraph (2) to reflect improvements or other developments in mercury emissions reduction technologies and mercury emissions monitoring systems. Excess Emissions. (1) Except as provided in subsection (f), the owner or operator of an affected unit that emits mercury in excess of the applicable annual average emission limitation under subsection shall pay an excess emissions penalty determined under paragraph . The excess emissions penalty for mercury shall be an amount equal to $50,000 for each pound of mercury emitted in excess of the applicable annual average emission limitation under subsection (a). Such penalty shall be prorated for each fraction of a pound. Best Practices. (1) Effective, January 1, 2015, if the owner or operator of any affected unit fails to achieve the annual average emission limitation under subsection (a)(2), such owner or operator may notify the Administrator of such failure prior to March 1, 2015, and request an alternate emissions limitation for mercury with respect to such affected unit. Such owner or operator shall submit to the Administrator mercury emissions data measured by a CEMS that complies with subsection (d) for evaluation. If the Administrator determines that such owner or operator has properly installed and operated such CEMS and control technology designed to achieve such annual average emission limitation and is unable to meet such limitation, the Administrator may, not later than April 1, 2016, establish an alternate emissions limitation for mercury with respect to such affected unit based on the optimal performance of properly installed and operated control technology. With respect to any affected unit, for any year for which an alternate emissions limitation for mercury is in place for such affected unit, the Administrator may review such alternate emissions limitation and impose a more stringent emissions limitation for mercury for the subsequent year based on new data regarding the demonstrated control capabilities of the type of control technology installed and operated at such affected unit. (A) Except as provided in subparagraph (B), an owner or operator of an affected unit failing to achieve the annual average emission limitation under subsection (a)(2) that notifies the Administrator of such failure and requests and alternate emissions limitation for mercury pursuant to paragraph (1) shall be considered in compliance with this section for the period beginning on January 1, 2015, and ending on the date such an alternate emissions limitation is implemented. An owner or operator described in subparagraph (A) shall pay an excess emissions penalty, as determined under subsection (e)(2), for the period described in such subparagraph, if such owner or operator operates or maintains the affected unit, including any associated air pollution control equipment, in a manner that is inconsistent with good air pollution control practices for the minimization of mercury emissions, as determined by the Administrator. In determining whether the owner or operator of the affected unit operates and maintains the affected unit in a manner that is consistent with good air pollution control practices for the minimization of mercury emissions, the Administrator may review the emissions monitoring data and operating and maintenance procedures of the affected unit and may inspect the affected unit. (A) With respect to any affected unit for which an alternate emissions limitation for mercury is in place under this subsection, the owner or operator of such affected unit that emits mercury in excess of such alternate emissions limitation shall pay an excess emissions penalty determined under subparagraph (B). The excess emissions penalty for mercury for an owner or operator of an affected unit described in subparagraph (A) shall be an amount equal to $50,000 for each pound of mercury emitted in excess of the alternate emissions limitation for mercury in place for such affected unit. Such penalty shall be prorated for each fraction of a pound. Sole Limitation on Mercury. This title shall apply the sole emission standard or limitation under this Act with regard to the emission of mercury from electric utility steam generating units and shall supersede any other such requirement under section 112 or any other provision of this Act. Relationship to Other Law. Except as otherwise specifically provided in this title, nothing in this title precludes a State or political subdivision of a State from adopting or enforcing any additional requirements for the control or abatement of mercury emissions, except that no State or political subdivision thereof shall adopt or attempt to enforce any standard relating to the reduction or control of mercury emissions from electric utility steam generating units that is less stringent than the standards provided in this title.".

Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units to reduce mercury emissions by the less stringent limitation of: (1) 80 capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014. And (2) 90 capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter. Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units. Establishes excess emissions penalties for mercury. Sets forth compliance provisions. Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation. (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations. And (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015. Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units.

To amend the Clean Air Act to require reductions in mercury emissions from electric utility steam generating units, and for other purposes.

114_hr2860

SECTION 1. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. The Act entitled ``An Act to provide for the organization of the militia of the District of Columbia'', approved March 1, 1889 (sec. 49--101 et seq., D.C. Official Code) is amended by adding at the end the following new title: ``TITLE II--EDUCATIONAL ASSISTANCE PROGRAM ``SEC. 201. SHORT TITLE; FINDINGS. ``(a) Short Title.--This title may be cited as the `Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act'. ``(b) Findings.--Congress makes the following findings: ``(1) The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander-in-Chief and, unlike other National Guards, is permanently federalized. ``(2) The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. ``(3) Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. ``(4) The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. ``(5) The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. ``(6) The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. ``(7) The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. ``(8) Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. ``(9) The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. ``SEC. 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. ``(a) Educational Assistance Program Authorized.--The Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, shall establish a program under which the Mayor may provide financial assistance to an eligible member of the District of Columbia National Guard to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member's first undergraduate, masters, vocational, or technical degree or certification. ``(b) Eligibility.-- ``(1) Criteria.--A member of the District of Columbia National Guard is eligible to receive assistance under the program established under this title if the commanding general of the District of Columbia National Guard certifies to the Mayor the following: ``(A) The member has satisfactorily completed required initial active duty service. ``(B) The member has executed a written agreement to serve in the District of Columbia National Guard for a period of not less than 6 years. ``(C) The member is not receiving a Reserve Officer Training Corps scholarship. ``(2) Maintenance of eligibility.--To continue to be eligible for financial assistance under the program, a member of the District of Columbia National Guard must-- ``(A) be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard (as certified to the Mayor by the commanding general of the District of Columbia National Guard); ``(B) be enrolled on a full-time or part-time basis (seeking to earn at least 3, but less than 12 credit hours per semester) in an approved institution of higher education; and ``(C) maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)). ``SEC. 203. TREATMENT OF ASSISTANCE PROVIDED. ``(a) Permitted Use of Funds.--Financial assistance received by a member of the District of Columbia National Guard under the program under this title may be used to cover-- ``(1) tuition and fees charged by an approved institution of higher education involved; ``(2) the cost of books; and ``(3) laboratory expenses. ``(b) Amount of Assistance.--The amount of financial assistance provided to a member of the District of Columbia National Guard under the program may be up to $400 per credit hour, but not to exceed $6,000 per year. If the Mayor determines that the amount available to provide assistance under this title in any year will be insufficient, the Mayor may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. ``(c) Relation to Other Assistance.--Except as provided in section 202(b)(1)(C), a member of the District of Columbia National Guard may receive financial assistance under the program in addition to educational assistance provided under any other provision of law. ``(d) Repayment.--A member of the District of Columbia National Guard who receives assistance under the program and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by section 202(b)(1) or fails to comply with the eligibility conditions specified in section 202(b)(2) shall be subject to the repayment provisions of section 373 of title 37, United States Code. ``SEC. 204. ADMINISTRATION AND FUNDING OF PROGRAM. ``(a) Administration.--The Mayor, in coordination with the commanding general of the District of Columbia National Guard and in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of the program under this title. Nothing in this title shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. ``(b) Funding Sources and Gifts.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the Mayor to provide financial assistance under the program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. ``(2) Transfer of funds.--The Mayor may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under the program. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the Mayor to provide financial assistance under this section. ``(3) Donations.--The Mayor may accept, use, and dispose of donations of services or property for purposes of providing assistance under the program. ``SEC. 205. DEFINITION. ``In this title, the term `approved institution of higher education' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that-- ``(1) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and ``(2) has entered into an agreement with the Mayor containing an assurance that funds made available under this title are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. ``SEC. 206. EFFECTIVE DATE. ``Financial assistance may be provided under the program under this title to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2015.''.

Amends the District of Columbia Code to add the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act. Directs the Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, to establish a program that allows the Mayor to provide educational assistance for a first undergraduate, masters, vocational, or technical degree or certification to a member of the District of Columbia National Guard who: has satisfactorily completed initial active duty service, agrees to serve for at least six years, and is not receiving a Reserve Officer Training Corps scholarship.

To direct the Mayor of the District of Columbia to establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses.

<SECTION-HEADER> DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. The Act entitled "An Act to provide for the organization of the militia of the District of Columbia", approved March 1, 1889 is amended by adding at the end the following new title: "TITLE II EDUCATIONAL ASSISTANCE PROGRAM "Section 201. SHORT TITLE. FINDINGS. Short Title. This title may be cited as the `Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act'. Findings. Congress makes the following findings: The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander-in-Chief and, unlike other National Guards, is permanently federalized. The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. "Section 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. Educational Assistance Program Authorized. The Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, shall establish a program under which the Mayor may provide financial assistance to an eligible member of the District of Columbia National Guard to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member's first undergraduate, masters, vocational, or technical degree or certification. Eligibility. Criteria. A member of the District of Columbia National Guard is eligible to receive assistance under the program established under this title if the commanding general of the District of Columbia National Guard certifies to the Mayor the following: The member has satisfactorily completed required initial active duty service. The member has executed a written agreement to serve in the District of Columbia National Guard for a period of not less than 6 years. The member is not receiving a Reserve Officer Training Corps scholarship. Maintenance of eligibility. To continue to be eligible for financial assistance under the program, a member of the District of Columbia National Guard must be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard. Be enrolled on a full-time or part-time basis in an approved institution of higher education. And maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 (20 USC. 1091(c)). "Section 203. TREATMENT OF ASSISTANCE PROVIDED. Permitted Use of Funds. Financial assistance received by a member of the District of Columbia National Guard under the program under this title may be used to cover tuition and fees charged by an approved institution of higher education involved, the cost of books. And laboratory expenses. Amount of Assistance. The amount of financial assistance provided to a member of the District of Columbia National Guard under the program may be up to $400 per credit hour, but not to exceed $6,000 per year. If the Mayor determines that the amount available to provide assistance under this title in any year will be insufficient, the Mayor may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. Relation to Other Assistance. Except as provided in section 202(b)(1)(C), a member of the District of Columbia National Guard may receive financial assistance under the program in addition to educational assistance provided under any other provision of law. Repayment. A member of the District of Columbia National Guard who receives assistance under the program and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by section 202(b)(1) or fails to comply with the eligibility conditions specified in section 202(b)(2) shall be subject to the repayment provisions of section 373 of title 37, United States Code. "Section 204. ADMINISTRATION AND FUNDING OF PROGRAM. Administration. The Mayor, in coordination with the commanding general of the District of Columbia National Guard and in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of the program under this title. Nothing in this title shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. Funding Sources and Gifts. Authorization of appropriations. There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the Mayor to provide financial assistance under the program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. Transfer of funds. The Mayor may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under the program. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the Mayor to provide financial assistance under this section. Donations. The Mayor may accept, use, and dispose of donations of services or property for purposes of providing assistance under the program. "Section 205. DEFINITION. "In this title, the term `approved institution of higher education' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 that is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965. And has entered into an agreement with the Mayor containing an assurance that funds made available under this title are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. "Section 206. EFFECTIVE DATE. "Financial assistance may be provided under the program under this title to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2015.".

Amends the District of Columbia Code to add the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act. Directs the Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, to establish a program that allows the Mayor to provide educational assistance for a first undergraduate, masters, vocational, or technical degree or certification to a member of the District of Columbia National Guard who: has satisfactorily completed initial active duty service, agrees to serve for at least six years, and is not receiving a Reserve Officer Training Corps scholarship.

To direct the Mayor of the District of Columbia to establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses.

106_s1414

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Beneficiary Equity and Payment Simplification Act of 1999''. SEC. 2. FINDINGS. Congress finds the following: (1) Research has shown that medicare beneficiaries who are in need of home health services that are covered under the medicare program generally fall into 1 of the 4 following categories: (A) Post-hospital, short-stay beneficiaries. (B) Medically stable, long-stay beneficiaries. (C) Medically complex, long-stay beneficiaries. (D) Medically unstable and complex, extremely high- use beneficiaries. (2) The interim payment system for home health services under the medicare program, enacted as part of the Balanced Budget Act of 1997 and amended by title V of the Tax and Trade Relief Extension Act of 1998 (contained in Division J of Public Law 105-277), is having the following unintended consequences: (A) The sickest, most frail medicare beneficiaries are losing access to medically necessary home health services that are otherwise covered under the medicare program. (B) Many high quality, cost-effective home health agencies have had per beneficiary limits under the interim payment system set so low that such agencies are finding it impossible to continue to provide home health services under the medicare program. (C) Many home health agencies are being subjected to aggregate per beneficiary limits under the interim payment system that do not accurately reflect the current patient mix of such agencies, thereby making it impossible for such agencies to compete with similarly situated home health agencies. (D) Medicare beneficiaries that reside in certain States and regions of the country have far less access to home health services under the medicare program than individuals who have identical medical conditions but reside in other States or regions of the country. (E) The health status of home health beneficiaries varies significantly in different regions of the country, creating differing needs for home health services. SEC. 3. PAYMENTS TO HOME HEALTH AGENCIES UNDER MEDICARE. (a) Revision of Prospective Payment System.-- (1) In general.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) (as amended by section 5101 of the Tax and Trade Relief Extension Act of 1998 (contained in Division J of Public Law 105-277)) is amended-- (A) in subsection (a), by striking ``for portions of cost reporting periods occurring on or after October 1, 2000'' and inserting ``for cost reporting periods beginning on or after October 1, 1999''; and (B) in subsection (b), by striking the last sentence of paragraph (1) and all that follows and inserting the following: ``(2) Payment basis.-- ``(A) In general.--The prospective payment amount to be paid to a home health agency under this section for all of the home health services (including medical supplies) provided to a beneficiary under this title during the 12-month period beginning on the date that such services are first provided by such agency to such beneficiary pursuant to a plan for furnishing such services (and for each subsequent 12-month period that services are provided under such plan) shall be an amount equal to the applicable amount specified in subparagraph (B) for the fiscal year in which the 12- month period begins. ``(B) Applicable amount.--Subject to subparagraphs (C), (D), and (E) and paragraph (5), for purposes of this subsection, the applicable amount is equal to-- ``(i) $2,603 for a beneficiary described in subparagraphs (A) and (E) of paragraph (3); ``(ii) $3,335 for a beneficiary described in paragraph (3)(B); ``(iii) $4,228 for a beneficiary described in paragraph (3)(C); and ``(iv) $21,864 for a beneficiary described in paragraph (3)(D). ``(C) Annual update.-- ``(i) In general.--The applicable amount specified in subparagraph (B) shall be adjusted for each fiscal year (beginning with fiscal year 2001) in a prospective manner specified by the Secretary by the home health market basket percentage increase applicable to the fiscal year involved. ``(ii) Home health market basket percentage increase.--For purposes of clause (i), the term `home health market basket percentage increase' means, with respect to a fiscal year, a percentage (estimated by the Secretary before the beginning of the fiscal year) determined and applied with respect to the mix of goods and services included in home health services in the same manner as the market basket percentage increase under section 1886(b)(3)(B)(iii) is determined and applied to the mix of goods and services comprising inpatient hospital services for the fiscal year. ``(D) Area wage adjustment.-- ``(i) In general.--The portion of the applicable amount specified in subparagraph (B) (as updated under subparagraph (C)) that the Secretary estimates to be attributable to wages and wage-related costs shall be adjusted for geographic differences in such costs by an area wage adjustment factor for the area in which the home health agency is located. ``(ii) Establishment of area wage adjustment factors.--The Secretary shall establish area wage adjustment factors that reflect the relative level of wages and wage- related costs applicable to the furnishing of home health services in a geographic area compared to the national average applicable level. Such factors may be the factors used by the Secretary for purposes of section 1886(d)(3)(E). ``(E) Medical supplies.--The applicable amount specified in subparagraph (B) shall be adjusted for each fiscal year (beginning with fiscal year 2001) in a prospective manner specified by the Secretary by the percentage increase (as determined by the Secretary) in the average costs of medical supplies (as described in section 1861(m)(5)) for the fiscal year involved. ``(3) Description of beneficiaries.-- ``(A) Post-hospital, short-stay beneficiary.--A beneficiary described in this subparagraph is a beneficiary under this title who-- ``(i) has experienced at least one 24-hour hospitalization within the 14-day period immediately preceding the date that the beneficiary is first provided services by the home health agency; ``(ii) suffers from 1 or more illnesses or injuries which are post-operative or post- trauma; and ``(iii) has a prognosis of a prompt and substantial recovery. ``(B) Medically stable, long-stay beneficiary.--A beneficiary described in this subparagraph is a beneficiary under this title who-- ``(i) has not been admitted to a hospital within the 6-month period immediately preceding the date that the beneficiary is first provided services by the home health agency; ``(ii) suffers from 1 or more illnesses or injuries requiring acute medical treatment or management in the home; and ``(iii) is experiencing 1 or more impairments in activities of daily living. ``(C) Medically complex, long-stay beneficiary.--A beneficiary described in this subparagraph is a beneficiary under this title who-- ``(i) has experienced 2 or more hospitalizations or admissions to skilled nursing facilities within the 12-month period immediately preceding the date that the beneficiary is first provided services by the home health agency; ``(ii) suffers from 1 or more illnesses or injuries requiring acute medical treatment or management in the home; and ``(iii) is experiencing 1 or more impairments in activities of daily living. ``(D) Medically unstable and complex, extremely high-use beneficiaries.--A beneficiary described in this subparagraph is a beneficiary under this title who-- ``(i) has experienced 2 or more hospitalizations or admissions to skilled nursing facilities within the 6-month period immediately preceding the date that the beneficiary is first provided services by the home health agency; ``(ii) suffers from 1 or more illnesses or injuries requiring acute medical treatment or management in the home; and ``(iii) is experiencing 2 or more impairments in activities of daily living. ``(E) Other beneficiaries.--A beneficiary described in this subparagraph is a beneficiary under this title who is not otherwise described in subparagraphs (A) through (D). ``(4) Determination.-- ``(A) In general.--The determination of which of the subparagraphs under paragraph (3) applies to a beneficiary under this title shall be based on the diagnosis and assessment of a physician who shall have no financial relationship with the home health agency that is receiving payments under this title for the provision of home health services to such beneficiary. For purposes of the preceding sentence, any financial relationship shall be determined under rules similar to the rules with respect to referrals under section 1877. ``(B) Regulations.--The Secretary shall issues regulations to assist physicians in making the determination described in subparagraph (A). ``(5) Additional payment amount.--The Secretary may increase the applicable amount specified in paragraph (2)(B) to be paid to a home health agency if the Secretary determines that such agency is-- ``(A) experiencing higher than average costs for providing home health services as compared to other similarly situated home health agencies; or ``(B) providing home health services that are not reflected in the determination of the applicable amount. ``(6) Notice of prospective payment rate.--Not later than July 1 of each year (beginning in 2000), the Secretary shall publish in the Federal Register the applicable amount to be paid to home health agencies for home health services provided to a beneficiary under this title during the fiscal year beginning October 1 of the year. ``(7) Proration of prospective payment amounts.--If a beneficiary elects to transfer to, or receive services from, another home health agency within the period covered by the prospective payment amount, the payment shall be prorated between the home health agencies involved.''. (2) Conforming amendments.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) (as amended by section 5101 of the Tax and Trade Relief Extension Act of 1998 (contained in Division J of Public Law 105-277)) is amended-- (A) by amending subsection (c) to read as follows: ``(c) Requirement for Payment Information.--With respect to home health services furnished on or after October 1, 1998, no claim for such a service may be paid under this title unless the claim has the unique identifier (provided under section 1842(r)) for the physician who prescribed the services or made the certification described in section 1814(a)(2) or 1835(a)(2)(A).''; and (B) by striking subsection (d). (3) Change in effective date.--Section 4603(d) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) (as amended by section 5101(c)(2) of the Tax and Trade Relief Extension Act of 1998 (contained in Division J of Public Law 105-277)) is amended by striking ``October 1, 2000'' and inserting ``October 1, 1999''. (4) Elimination of contingency 15 percent reduction.-- Subsection (e) of section 4603 of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is repealed. (5) Effective date.--The amendments made by this subsection shall take effect on the date of enactment of this Act. (b) Payment Rates Based on Location of Home Health Agency Rather Than Patient.-- (1) Conditions of participation.--Section 1891 of the Social Security Act (42 U.S.C. 1395bbb) is amended by striking subsection (g). (2) Wage adjustment.--Section 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by striking ``service is furnished'' and inserting ``agency is located''. (3) Effective date.--The amendments made by this subsection shall apply to services provided on or after October 1, 1999.

Divides patients, and PPS payments, into four categories: (1) post-hospital, short stay beneficiaries ($2,603), (2) medically stable, long-stay beneficiaries ($3,335), (3) medically complex, long-stay beneficiaries ($4,228). And (4) medically unstable and complex, extremely high use beneficiaries ($21,864). Specifies a formula for annual payment updates. Amends the Balanced Budget Act of 1997 to repeal the 15 percent reduction in Medicare home health reimbursement currently scheduled to go into effect on October 1, 2000.

Medicare Home Health Beneficiary Equity and Payment Simplification Act of 1999

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medicare Home Health Beneficiary Equity and Payment Simplification Act of 1999". <SECTION-HEADER> FINDINGS. Congress finds the following: Research has shown that medicare beneficiaries who are in need of home health services that are covered under the medicare program generally fall into 1 of the 4 following categories: Post-hospital, short-stay beneficiaries. Medically stable, long-stay beneficiaries. Medically complex, long-stay beneficiaries. Medically unstable and complex, extremely high- use beneficiaries. The interim payment system for home health services under the medicare program, enacted as part of the Balanced Budget Act of 1997 and amended by title V of the Tax and Trade Relief Extension Act of 1998 , is having the following unintended consequences: The sickest, most frail medicare beneficiaries are losing access to medically necessary home health services that are otherwise covered under the medicare program. Many high quality, cost-effective home health agencies have had per beneficiary limits under the interim payment system set so low that such agencies are finding it impossible to continue to provide home health services under the medicare program. Many home health agencies are being subjected to aggregate per beneficiary limits under the interim payment system that do not accurately reflect the current patient mix of such agencies, thereby making it impossible for such agencies to compete with similarly situated home health agencies. Medicare beneficiaries that reside in certain States and regions of the country have far less access to home health services under the medicare program than individuals who have identical medical conditions but reside in other States or regions of the country. The health status of home health beneficiaries varies significantly in different regions of the country, creating differing needs for home health services. <SECTION-HEADER> PAYMENTS TO HOME HEALTH AGENCIES UNDER MEDICARE. Revision of Prospective Payment System. In general. Section 1895 of the Social Security Act (as amended by section 5101 of the Tax and Trade Relief Extension Act of 1998 is amended in subsection (a), by striking "for portions of cost reporting periods occurring on or after October 1, 2000" and inserting "for cost reporting periods beginning on or after October 1, 1999". And in subsection (b), by striking the last sentence of paragraph (1) and all that follows and inserting the following: Payment basis. In general. The prospective payment amount to be paid to a home health agency under this section for all of the home health services provided to a beneficiary under this title during the 12-month period beginning on the date that such services are first provided by such agency to such beneficiary pursuant to a plan for furnishing such services shall be an amount equal to the applicable amount specified in subparagraph (B) for the fiscal year in which the 12- month period begins. Applicable amount. Subject to subparagraphs , (D), and (E) and paragraph (5), for purposes of this subsection, the applicable amount is equal to $2,603 for a beneficiary described in subparagraphs (A) and (E) of paragraph (3), $3,335 for a beneficiary described in paragraph (3)(B), $4,228 for a beneficiary described in paragraph (3)(C). And $21,864 for a beneficiary described in paragraph (3)(D). Annual update. In general. The applicable amount specified in subparagraph (B) shall be adjusted for each fiscal year in a prospective manner specified by the Secretary by the home health market basket percentage increase applicable to the fiscal year involved. Home health market basket percentage increase. For purposes of clause (i), the term `home health market basket percentage increase' means, with respect to a fiscal year, a percentage determined and applied with respect to the mix of goods and services included in home health services in the same manner as the market basket percentage increase under section 1886(b)(3)(B)(iii) is determined and applied to the mix of goods and services comprising inpatient hospital services for the fiscal year. Area wage adjustment. In general. The portion of the applicable amount specified in subparagraph (B) (as updated under subparagraph (C)) that the Secretary estimates to be attributable to wages and wage-related costs shall be adjusted for geographic differences in such costs by an area wage adjustment factor for the area in which the home health agency is located. Establishment of area wage adjustment factors. The Secretary shall establish area wage adjustment factors that reflect the relative level of wages and wage- related costs applicable to the furnishing of home health services in a geographic area compared to the national average applicable level. Such factors may be the factors used by the Secretary for purposes of section 1886(d)(3)(E). Medical supplies. The applicable amount specified in subparagraph (B) shall be adjusted for each fiscal year in a prospective manner specified by the Secretary by the percentage increase in the average costs of medical supplies (as described in section 1861(m)(5)) for the fiscal year involved. Description of beneficiaries. Post-hospital, short-stay beneficiary. A beneficiary described in this subparagraph is a beneficiary under this title who has experienced at least one 24-hour hospitalization within the 14-day period immediately preceding the date that the beneficiary is first provided services by the home health agency. Suffers from 1 or more illnesses or injuries which are post-operative or post- trauma. And has a prognosis of a prompt and substantial recovery. Medically stable, long-stay beneficiary. A beneficiary described in this subparagraph is a beneficiary under this title who has not been admitted to a hospital within the 6-month period immediately preceding the date that the beneficiary is first provided services by the home health agency. Suffers from 1 or more illnesses or injuries requiring acute medical treatment or management in the home. And is experiencing 1 or more impairments in activities of daily living. Medically complex, long-stay beneficiary. A beneficiary described in this subparagraph is a beneficiary under this title who has experienced 2 or more hospitalizations or admissions to skilled nursing facilities within the 12-month period immediately preceding the date that the beneficiary is first provided services by the home health agency. Suffers from 1 or more illnesses or injuries requiring acute medical treatment or management in the home. And is experiencing 1 or more impairments in activities of daily living. Medically unstable and complex, extremely high-use beneficiaries. A beneficiary described in this subparagraph is a beneficiary under this title who has experienced 2 or more hospitalizations or admissions to skilled nursing facilities within the 6-month period immediately preceding the date that the beneficiary is first provided services by the home health agency. Suffers from 1 or more illnesses or injuries requiring acute medical treatment or management in the home. And is experiencing 2 or more impairments in activities of daily living. Other beneficiaries. A beneficiary described in this subparagraph is a beneficiary under this title who is not otherwise described in subparagraphs (A) through (D). Determination. In general. The determination of which of the subparagraphs under paragraph (3) applies to a beneficiary under this title shall be based on the diagnosis and assessment of a physician who shall have no financial relationship with the home health agency that is receiving payments under this title for the provision of home health services to such beneficiary. For purposes of the preceding sentence, any financial relationship shall be determined under rules similar to the rules with respect to referrals under section 1877. Regulations. The Secretary shall issues regulations to assist physicians in making the determination described in subparagraph (A). Additional payment amount. The Secretary may increase the applicable amount specified in paragraph (2)(B) to be paid to a home health agency if the Secretary determines that such agency is experiencing higher than average costs for providing home health services as compared to other similarly situated home health agencies. Or providing home health services that are not reflected in the determination of the applicable amount. Notice of prospective payment rate. Not later than July 1 of each year , the Secretary shall publish in the Federal Register the applicable amount to be paid to home health agencies for home health services provided to a beneficiary under this title during the fiscal year beginning October 1 of the year. Proration of prospective payment amounts. If a beneficiary elects to transfer to, or receive services from, another home health agency within the period covered by the prospective payment amount, the payment shall be prorated between the home health agencies involved.". Conforming amendments. Section 1895 of the Social Security Act (as amended by section 5101 of the Tax and Trade Relief Extension Act of 1998 is amended by amending subsection (c) to read as follows: Requirement for Payment Information. With respect to home health services furnished on or after October 1, 1998, no claim for such a service may be paid under this title unless the claim has the unique identifier (provided under section 1842(r)) for the physician who prescribed the services or made the certification described in section 1814(a)(2) or 1835(a)(2)(A).". And by striking subsection (d). Change in effective date. Section 4603(d) of the Balanced Budget Act of 1997 (as amended by section 5101(c)(2) of the Tax and Trade Relief Extension Act of 1998 is amended by striking "October 1, 2000" and inserting "October 1, 1999". Elimination of contingency 15 percent reduction. Subsection (e) of section 4603 of the Balanced Budget Act of 1997 is repealed. Effective date. The amendments made by this subsection shall take effect on the date of enactment of this Act. Payment Rates Based on Location of Home Health Agency Rather Than Patient. Conditions of participation. Section 1891 of the Social Security Act is amended by striking subsection (g). Wage adjustment. Section 1861(v)(1)(L)(iii) (42 USC. 1395x(v)(1)(L)(iii)) is amended by striking "service is furnished" and inserting "agency is located". Effective date. The amendments made by this subsection shall apply to services provided on or after October 1, 1999.

Divides patients, and PPS payments, into four categories: (1) post-hospital, short stay beneficiaries ($2,603), (2) medically stable, long-stay beneficiaries ($3,335), (3) medically complex, long-stay beneficiaries ($4,228). And (4) medically unstable and complex, extremely high use beneficiaries ($21,864). Specifies a formula for annual payment updates. Amends the Balanced Budget Act of 1997 to repeal the 15 percent reduction in Medicare home health reimbursement currently scheduled to go into effect on October 1, 2000.

Medicare Home Health Beneficiary Equity and Payment Simplification Act of 1999

110_hr327

SECTION 1. SHORT TITLE. This Act may be cited as the ``Joshua Omvig Veterans Suicide Prevention Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) suicide among veterans suffering from post-traumatic stress disorder (in this section referred to as ``PTSD'') is a serious problem; and (2) the Secretary of Veterans Affairs should take into consideration the special needs of veterans suffering from PTSD and the special needs of elderly veterans who are at high risk for depression and experience high rates of suicide in developing and implementing the comprehensive program under this Act. SEC. 3. COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG VETERANS. (a) In General.-- (1) Comprehensive program for suicide prevention among veterans.--Chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720F. Comprehensive program for suicide prevention among veterans ``(a) Establishment.--The Secretary shall develop and carry out a comprehensive program designed to reduce the incidence of suicide among veterans incorporating the components described in this section. ``(b) Staff Education.--In carrying out the comprehensive program under this section, the Secretary shall provide for mandatory training for appropriate staff and contractors (including all medical personnel) of the Department who interact with veterans. This training shall cover information appropriate to the duties being performed by such staff and contractors. The training shall include information on-- ``(1) recognizing risk factors for suicide; ``(2) proper protocols for responding to crisis situations involving veterans who may be at high risk for suicide; and ``(3) best practices for suicide prevention. ``(c) Health Assessments of Veterans.--In carrying out the comprehensive program, the Secretary shall direct that medical staff offer mental health in their overall health assessment when veterans seek medical care at a Department medical facility (including a center established under section 1712A of this title) and make referrals, at the request of the veteran concerned, to appropriate counseling and treatment programs for veterans who show signs or symptoms of mental health problems. ``(d) Designation of Suicide Prevention Counselors.--In carrying out the comprehensive program, the Secretary shall designate a suicide prevention counselor at each Department medical facility other than centers established under section 1712A of this title. Each counselor shall work with local emergency rooms, police departments, mental health organizations, and veterans service organizations to engage in outreach to veterans and improve the coordination of mental health care to veterans. ``(e) Best Practices Research.--In carrying out the comprehensive program, the Secretary shall provide for research on best practices for suicide prevention among veterans. Research shall be conducted under this subsection in consultation with the heads of the following entities: ``(1) The Department of Health and Human Services. ``(2) The National Institute of Mental Health. ``(3) The Substance Abuse and Mental Health Services Administration. ``(4) The Centers for Disease Control and Prevention. ``(f) Sexual Trauma Research.--In carrying out the comprehensive program, the Secretary shall provide for research on mental health care for veterans who have experienced sexual trauma while in military service. The research design shall include consideration of veterans of a reserve component. ``(g) 24-Hour Mental Health Care.--In carrying out the comprehensive program, the Secretary shall provide for mental health care availability to veterans on a 24-hour basis. ``(h) Hotline.--In carrying out the comprehensive program, the Secretary may provide for a toll-free hotline for veterans to be staffed by appropriately trained mental health personnel and available at all times. ``(i) Outreach and Education for Veterans and Families.--In carrying out the comprehensive program, the Secretary shall provide for outreach to and education for veterans and the families of veterans, with special emphasis on providing information to veterans of Operation Iraqi Freedom and Operation Enduring Freedom and the families of such veterans. Education to promote mental health shall include information designed to-- ``(1) remove the stigma associated with mental illness; ``(2) encourage veterans to seek treatment and assistance for mental illness; ``(3) promote skills for coping with mental illness; and ``(4) help families of veterans with-- ``(A) understanding issues arising from the readjustment of veterans to civilian life; ``(B) identifying signs and symptoms of mental illness; and ``(C) encouraging veterans to seek assistance for mental illness. ``(j) Peer Support Counseling Program.--(1) In carrying out the comprehensive program, the Secretary may establish and carry out a peer support counseling program, under which veterans shall be permitted to volunteer as peer counselors-- ``(A) to assist other veterans with issues related to mental health and readjustment; and ``(B) to conduct outreach to veterans and the families of veterans. ``(2) In carrying out the peer support counseling program under this subsection, the Secretary shall provide adequate training for peer counselors. ``(k) Other Components.--In carrying out the comprehensive program, the Secretary may provide for other actions to reduce the incidence of suicide among veterans that the Secretary considers appropriate.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1720F. Comprehensive program for suicide prevention among veterans.''. (b) Report to Congress.-- (1) Report required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the comprehensive program under section 1720F of title 38, United States Code, as added by subsection (a). (2) Contents of report.--The report shall contain the following: (A) Information on the status of the implementation of such program. (B) Information on the time line and costs for complete implementation of the program within two years. (C) A plan for additional programs and activities designed to reduce the occurrence of suicide among veterans. (D) Recommendations for further legislation or administrative action that the Secretary considers appropriate to improve suicide prevention programs within the Department of Veterans Affairs. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Joshua Omvig Veterans Suicide Prevention Act - Expresses the sense of Congress that: (1) suicide among veterans suffering from post-traumatic stress disorder (PTSD) is a serious problem. And (2) the Secretary of Veterans Affairs, in developing and implementing the comprehensive program outlined in this Act, should take into consideration the special needs of such veterans and of elderly veterans who are at high risk for depression and experience high rates of suicide. Directs the Secretary to develop and carry out a comprehensive program designed to reduce the incidence of suicide among veterans. Requires the program to include: (1) mandatory training for appropriate staff and contractors of the Department of Veterans Affairs (VA) who interact with veterans, (2) mental health assessments of veterans. (3) designation of a suicide prevention counselor at each Department medical facility, (4) research on best practices for suicide prevention. (5) mental health care for veterans who have experienced sexual trauma while in military service, (6) 24-hour veterans' mental health care availability, (7) a toll-free hotline. And (8) outreach and education for veterans and their families. Authorizes the Secretary to develop and carry a peer support counseling program as part of such program. Requires the Secretary to report to Congress on the program.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to develop and implement a comprehensive program designed to reduce the incidence of suicide among veterans.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Joshua Omvig Veterans Suicide Prevention Act". <SECTION-HEADER> SENSE OF CONGRESS. It is the sense of Congress that suicide among veterans suffering from post-traumatic stress disorder is a serious problem. And the Secretary of Veterans Affairs should take into consideration the special needs of veterans suffering from PTSD and the special needs of elderly veterans who are at high risk for depression and experience high rates of suicide in developing and implementing the comprehensive program under this Act. <SECTION-HEADER> COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG VETERANS. In General. Comprehensive program for suicide prevention among veterans. Chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: "Section 1720F. Comprehensive program for suicide prevention among veterans Establishment. The Secretary shall develop and carry out a comprehensive program designed to reduce the incidence of suicide among veterans incorporating the components described in this section. Staff Education. In carrying out the comprehensive program under this section, the Secretary shall provide for mandatory training for appropriate staff and contractors of the Department who interact with veterans. This training shall cover information appropriate to the duties being performed by such staff and contractors. The training shall include information on recognizing risk factors for suicide. Proper protocols for responding to crisis situations involving veterans who may be at high risk for suicide. And best practices for suicide prevention. Health Assessments of Veterans. In carrying out the comprehensive program, the Secretary shall direct that medical staff offer mental health in their overall health assessment when veterans seek medical care at a Department medical facility and make referrals, at the request of the veteran concerned, to appropriate counseling and treatment programs for veterans who show signs or symptoms of mental health problems. Designation of Suicide Prevention Counselors. In carrying out the comprehensive program, the Secretary shall designate a suicide prevention counselor at each Department medical facility other than centers established under section 1712A of this title. Each counselor shall work with local emergency rooms, police departments, mental health organizations, and veterans service organizations to engage in outreach to veterans and improve the coordination of mental health care to veterans. Best Practices Research. In carrying out the comprehensive program, the Secretary shall provide for research on best practices for suicide prevention among veterans. Research shall be conducted under this subsection in consultation with the heads of the following entities: The Department of Health and Human Services. The National Institute of Mental Health. The Substance Abuse and Mental Health Services Administration. The Centers for Disease Control and Prevention. Sexual Trauma Research. In carrying out the comprehensive program, the Secretary shall provide for research on mental health care for veterans who have experienced sexual trauma while in military service. The research design shall include consideration of veterans of a reserve component. 24-Hour Mental Health Care. In carrying out the comprehensive program, the Secretary shall provide for mental health care availability to veterans on a 24-hour basis. Hotline. In carrying out the comprehensive program, the Secretary may provide for a toll-free hotline for veterans to be staffed by appropriately trained mental health personnel and available at all times. Outreach and Education for Veterans and Families. In carrying out the comprehensive program, the Secretary shall provide for outreach to and education for veterans and the families of veterans, with special emphasis on providing information to veterans of Operation Iraqi Freedom and Operation Enduring Freedom and the families of such veterans. Education to promote mental health shall include information designed to remove the stigma associated with mental illness, encourage veterans to seek treatment and assistance for mental illness, promote skills for coping with mental illness. And help families of veterans with understanding issues arising from the readjustment of veterans to civilian life, identifying signs and symptoms of mental illness. And encouraging veterans to seek assistance for mental illness. Peer Support Counseling Program. (1) In carrying out the comprehensive program, the Secretary may establish and carry out a peer support counseling program, under which veterans shall be permitted to volunteer as peer counselors to assist other veterans with issues related to mental health and readjustment. And to conduct outreach to veterans and the families of veterans. In carrying out the peer support counseling program under this subsection, the Secretary shall provide adequate training for peer counselors. Other Components. In carrying out the comprehensive program, the Secretary may provide for other actions to reduce the incidence of suicide among veterans that the Secretary considers appropriate.". Clerical amendment. The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "1720F. Comprehensive program for suicide prevention among veterans.". Report to Congress. Report required. Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the comprehensive program under section 1720F of title 38, United States Code, as added by subsection (a). Contents of report. The report shall contain the following: Information on the status of the implementation of such program. Information on the time line and costs for complete implementation of the program within two years. A plan for additional programs and activities designed to reduce the occurrence of suicide among veterans. Recommendations for further legislation or administrative action that the Secretary considers appropriate to improve suicide prevention programs within the Department of Veterans Affairs. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Joshua Omvig Veterans Suicide Prevention Act - Expresses the sense of Congress that: (1) suicide among veterans suffering from post-traumatic stress disorder (PTSD) is a serious problem. And (2) the Secretary of Veterans Affairs, in developing and implementing the comprehensive program outlined in this Act, should take into consideration the special needs of such veterans and of elderly veterans who are at high risk for depression and experience high rates of suicide. Directs the Secretary to develop and carry out a comprehensive program designed to reduce the incidence of suicide among veterans. Requires the program to include: (1) mandatory training for appropriate staff and contractors of the Department of Veterans Affairs (VA) who interact with veterans, (2) mental health assessments of veterans. (3) designation of a suicide prevention counselor at each Department medical facility, (4) research on best practices for suicide prevention. (5) mental health care for veterans who have experienced sexual trauma while in military service, (6) 24-hour veterans' mental health care availability, (7) a toll-free hotline. And (8) outreach and education for veterans and their families. Authorizes the Secretary to develop and carry a peer support counseling program as part of such program. Requires the Secretary to report to Congress on the program.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to develop and implement a comprehensive program designed to reduce the incidence of suicide among veterans.

104_s1098

SECTION 1. SHORT TITLE. This Act may be cited as the ``Battle of Midway National Memorial Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) September 2, 1995, marks the 50th anniversary of the United States victory over Japan in World War II. (2) The Battle of Midway proved to be the turning point in the war in the Pacific, as United States Navy forces inflicted such severe losses on the Imperial Japanese Navy during the battle that the Imperial Japanese Navy never again took the offensive against United States or allied forces. (3) During the Battle of Midway, an outnumbered force of the United States Navy, consisting of 29 ships and other units of the Armed Forces under the command of Admiral Nimitz and Admiral Spruance, out-maneuvered and out-fought 350 ships of the Imperial Japanese Navy. (4) It is in the public interest to erect a memorial to the Battle of Midway that is suitable to express the enduring gratitude of the American people for victory in the battle and to inspire future generations of Americans with the heroism and sacrifice of the members of the Armed Forces who achieved that victory. SEC. 3. ESTABLISHMENT. (a) In General.--There is established the Battle of Midway National Memorial (referred to in this Act as the ``Memorial''). (b) Lease of Land.--The Secretary of the Navy shall lease to the International Midway Memorial Foundation, Inc. (referred to in this Act as the ``Foundation''), for use as a Memorial for the Battle of Midway, the lands (including any equipment, facilities, infrastructure, and other improvements to such lands) and waters of the Midway Islands that are owned by the United States, are within the jurisdiction of the Secretary, and are designated as historic landmarks. (c) Terms and Conditions of Lease.-- (1) Term of lease.--The lease under this subsection shall be for a term of 99 years. (2) Consideration.--As consideration for the lease under this subsection, the Foundation shall pay to the United States the amount of $1 per year for each year of the term of the lease. The Secretary shall deposit the amount in the Treasury as miscellaneous receipts. (d) Management.--In managing the Memorial, the Foundation shall-- (1) determine the boundaries of all properties, including those comprising the airstrip on Eastern Island, bunkers, cable buildings, and gun emplacements on the Midway Atolls, which the Secretary of the Interior shall designate as historic landmarks open to the public; (2) maintain the lands (including any equipment, facilities, infrastructure, and other improvements to such lands) and waters that are so designated; (3) continue management of the remainder of Midway Atolls as a wildlife refuge; (4) provide for use of the waters, shoals, and reefs adjacent to the Midway Islands consistent with protection of the natural habitat of the Hawaiian monk seal and the green sea turtle; (5) allow facilities on Sand Island to continue to function as-- (A) a Coast Guard air-sea rescue facility; (B) a commercial air terminal; (C) a private and contract aircraft refueling site; and (D) a seaport facility; (6) at its discretion, erect such structures and facilities on Sand Island as the Foundation considers necessary to support visitors to the Memorial; and (7) establish a Battle of Midway Memorial Museum on Sand Atoll. (e) Access Requirements.-- (1) Access by foundation.--The Secretary shall provide the Foundation such access to the lands and waters covered by the lease under subsection (b) as the Foundation shall require in order to improve, operate, and maintain the Memorial. (2) Access by others.--The Secretary shall not limit the number of members of the public who may have access to the Midway Islands or to the Memorial established under this Act. (f) Performance of Functions Under Contract.--The Foundation may perform any of its functions under this Act through contracts with private entities under such terms and conditions as the Foundation considers to be in the best interests of the Memorial, including provisions for payment of a portion of the revenues derived from operations under contract into the fund established under subsection (h) in appropriate amounts to assist in the accomplishment of the purposes described in paragraph (3) of that subsection. (g) Advisory Assistance for Foundation.--The Secretary shall appoint an advisory board which shall provide advisory services to the Foundation for the Memorial. The Secretary shall appoint as members of the advisory board the following: (1) Appropriate employees of the Department of Defense. (2) In consultation with the Secretary of the Interior, appropriate employees of the United States Fish and Wildlife Service and of the National Park Service. (3) In consultation with the Secretary of Transportation, appropriate employees of the Coast Guard. (4) Individuals from the private sector. (5) Members of the Foundation. (h) Battle of Midway Memorial Fund.-- (1) Establishment.--The Foundation shall establish a fund to be known as the ``Battle of Midway Memorial Fund'' (referred to in this section as the ``Fund''). (2) Transfers into the fund.--There shall be transferred quarterly into the Fund-- (A) user fees and other revenues collected directly by the Foundation; (B) payments required by contracts under subsection (f); and (C) donations received from private sources. (3) Purposes.--The Foundation may use amounts in the Fund to pay the costs of making capital improvements to, maintaining, and operating the Memorial.

Battle of Midway National Memorial Act - Establishes the Battle of Midway National Memorial. Requires the Secretary of the Navy to lease to the International Midway Memorial Foundation, Inc. for use as such Memorial, Federal lands and waters of the Midway Islands that are within the Secretary's jurisdiction and designated as historic landmarks. Sets forth the term and conditions of such lease. Requires the management of the Memorial by the Foundation to include: (1) determining the boundaries of all properties, including those comprising the airstrip on Eastern Island, bunkers, cable buildings, and gun emplacements on the Midway Atolls and maintaining such designated lands and waters. (2) continuing management of the remainder of Midway Atolls as a wildlife refuge. (3) providing for use of the waters, shoals, and reefs adjacent to the Midway Islands consistent with protection of the natural habitat of the Hawaiian monk seal and the green sea turtle. (4) allowing facilities on Sand Island to continue to function as a Coast Guard air-sea rescue facility, commercial air terminal, private and contract aircraft refueling site, and seaport facility. (5) at the Foundation's discretion, erecting facilities on Sand Island necessary to support visitors to the Memorial. And (6) establishing a Battle of Midway Memorial Museum on Sand Atoll. Provides for the appointment of an advisory board and establishment of a Memorial fund.

Battle of Midway National Memorial Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Battle of Midway National Memorial Act". <SECTION-HEADER> FINDINGS. Congress makes the following findings: September 2, 1995, marks the 50th anniversary of the United States victory over Japan in World War II. The Battle of Midway proved to be the turning point in the war in the Pacific, as United States Navy forces inflicted such severe losses on the Imperial Japanese Navy during the battle that the Imperial Japanese Navy never again took the offensive against United States or allied forces. During the Battle of Midway, an outnumbered force of the United States Navy, consisting of 29 ships and other units of the Armed Forces under the command of Admiral Nimitz and Admiral Spruance, out-maneuvered and out-fought 350 ships of the Imperial Japanese Navy. It is in the public interest to erect a memorial to the Battle of Midway that is suitable to express the enduring gratitude of the American people for victory in the battle and to inspire future generations of Americans with the heroism and sacrifice of the members of the Armed Forces who achieved that victory. <SECTION-HEADER> ESTABLISHMENT. In General. There is established the Battle of Midway National Memorial . Lease of Land. The Secretary of the Navy shall lease to the International Midway Memorial Foundation, Inc. for use as a Memorial for the Battle of Midway, the lands and waters of the Midway Islands that are owned by the United States, are within the jurisdiction of the Secretary, and are designated as historic landmarks. Terms and Conditions of Lease. Term of lease. The lease under this subsection shall be for a term of 99 years. Consideration. As consideration for the lease under this subsection, the Foundation shall pay to the United States the amount of $1 per year for each year of the term of the lease. The Secretary shall deposit the amount in the Treasury as miscellaneous receipts. Management. In managing the Memorial, the Foundation shall determine the boundaries of all properties, including those comprising the airstrip on Eastern Island, bunkers, cable buildings, and gun emplacements on the Midway Atolls, which the Secretary of the Interior shall designate as historic landmarks open to the public, maintain the lands and waters that are so designated. Continue management of the remainder of Midway Atolls as a wildlife refuge. Provide for use of the waters, shoals, and reefs adjacent to the Midway Islands consistent with protection of the natural habitat of the Hawaiian monk seal and the green sea turtle. Allow facilities on Sand Island to continue to function as a Coast Guard air-sea rescue facility, a commercial air terminal, a private and contract aircraft refueling site, and a seaport facility. At its discretion, erect such structures and facilities on Sand Island as the Foundation considers necessary to support visitors to the Memorial. And establish a Battle of Midway Memorial Museum on Sand Atoll. Access Requirements. Access by foundation. The Secretary shall provide the Foundation such access to the lands and waters covered by the lease under subsection (b) as the Foundation shall require in order to improve, operate, and maintain the Memorial. Access by others. The Secretary shall not limit the number of members of the public who may have access to the Midway Islands or to the Memorial established under this Act. Performance of Functions Under Contract. The Foundation may perform any of its functions under this Act through contracts with private entities under such terms and conditions as the Foundation considers to be in the best interests of the Memorial, including provisions for payment of a portion of the revenues derived from operations under contract into the fund established under subsection in appropriate amounts to assist in the accomplishment of the purposes described in paragraph (3) of that subsection. Advisory Assistance for Foundation. The Secretary shall appoint an advisory board which shall provide advisory services to the Foundation for the Memorial. The Secretary shall appoint as members of the advisory board the following: Appropriate employees of the Department of Defense. In consultation with the Secretary of the Interior, appropriate employees of the United States Fish and Wildlife Service and of the National Park Service. In consultation with the Secretary of Transportation, appropriate employees of the Coast Guard. Individuals from the private sector. Members of the Foundation. Battle of Midway Memorial Fund. Establishment. The Foundation shall establish a fund to be known as the "Battle of Midway Memorial Fund" . Transfers into the fund. There shall be transferred quarterly into the Fund user fees and other revenues collected directly by the Foundation, payments required by contracts under subsection. And donations received from private sources. Purposes. The Foundation may use amounts in the Fund to pay the costs of making capital improvements to, maintaining, and operating the Memorial.

Battle of Midway National Memorial Act - Establishes the Battle of Midway National Memorial. Requires the Secretary of the Navy to lease to the International Midway Memorial Foundation, Inc. for use as such Memorial, Federal lands and waters of the Midway Islands that are within the Secretary's jurisdiction and designated as historic landmarks. Sets forth the term and conditions of such lease. Requires the management of the Memorial by the Foundation to include: (1) determining the boundaries of all properties, including those comprising the airstrip on Eastern Island, bunkers, cable buildings, and gun emplacements on the Midway Atolls and maintaining such designated lands and waters. (2) continuing management of the remainder of Midway Atolls as a wildlife refuge. (3) providing for use of the waters, shoals, and reefs adjacent to the Midway Islands consistent with protection of the natural habitat of the Hawaiian monk seal and the green sea turtle. (4) allowing facilities on Sand Island to continue to function as a Coast Guard air-sea rescue facility, commercial air terminal, private and contract aircraft refueling site, and seaport facility. (5) at the Foundation's discretion, erecting facilities on Sand Island necessary to support visitors to the Memorial. And (6) establishing a Battle of Midway Memorial Museum on Sand Atoll. Provides for the appointment of an advisory board and establishment of a Memorial fund.

Battle of Midway National Memorial Act

108_s2818

SECTION 1. FINDINGS. Congress makes the following findings: (1) The right to vote is a fundamental and incontrovertible right under the Constitution. (2) There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the right to vote is a fundamental right under the Constitution. (3) There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the United States is a democratic government ``of the people, by the people, and for the people'' in which every vote counts. (4) There is a need for Congress to encourage and enable every eligible American to vote by eliminating procedural obstacles to voting. (5) There is a need to counter discrimination in voting by removing barriers to the exercise of the constitutionally protected right to vote. (6) There is a need to ensure that voter registration processes fairly incorporate every eligible American seeking to exercise the right to vote. (7) Participation in the electoral process is a fundamental civic responsibility in which all eligible Americans should be encouraged to actively participate. (8) There is a need to ensure that every eligible American seeking to exercise the right to vote has access to the electoral process through a uniform system of voter registration that includes each voter's personal registration with an appropriate State or local government election entity. (9) Congress has authority under section 4 of Article I of the Constitution of the United States, section 5 of the Fourteenth Amendment to the Constitution of the United States, and section 2 of the Fifteenth Amendment to the Constitution of the United States to enact legislation to address the equal protection violations that may be caused by unfair voting systems. (10) Congress has an obligation to ensure that the States and localities improve election administration and to ensure the integrity of full participation of all Americans in the democratic election process. SEC. 2. REQUIREMENTS FOR VOTERS WHO DO NOT REGISTER IN PERSON WITH AN OFFICER OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENT ENTITY. (a) In General.-- (1) Application of requirements to voters not registering in person.--Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended to read as follows: ``(A) the individual-- ``(i) registered to vote in a jurisdiction by mail; or ``(ii) did not register to vote in a jurisdiction in person with an officer or employee of a State or local government entity; and''. (2) Meaning of in person.--Paragraph (1) of section 303(b) of such Act is amended by inserting at the end the following: ``For purposes of subparagraph (A)(ii), an individual shall not be considered to have registered in person if the registration is made by a person other than the person whose name appears on the voter registration form.''. (b) Conforming Amendment.--The heading for subsection (b) of section 303 of such Act is amended by inserting ``and Who Do Not Register in Person'' after ``Mail''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 303 of the Help America Vote Act of 2002. SEC. 3. INCREASED PENALTIES RELATING TO FRAUDULENT VOTER REGISTRATION IN CASES INVOLVING 10 OR MORE VIOLATIONS. (a) False Information in Registering or Voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (42 U.S.C. 1973i(c)) is amended by inserting at the end the following: ``In the case of any person who is found to have been in violation of this section with respect to 10 or more voter registrations, this section shall be applied by substituting `$20,000' for `$10,000' and by substituting `ten years' for `five years' with respect to each such violation.''. (b) Penalty Under National Voter Registration Act of 1993.--Section 12 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-10) is amended by inserting at the end the following: ``In the case of any person who is found to have been in violation of paragraph (2)(A) with respect to 10 or more registration applications, such person shall be fined not less $500,000 ($1,000,000 in the case of an organization) or shall be imprisoned not more than 10 years, or both, and any such fine shall be paid into the general fund of the Treasury as provided in the preceding sentence.''. (c) Effective Date.--The amendments made by this section shall apply to violations occurring after the date of the enactment of this Act.

Amends the Help America Vote Act of 2002 to require a State to apply the same self-identification requirements currently applicable to voters who register by mail also to those voters who do not register in person with an officer or employee of a State or local government entity. Amends the Voting Rights Act of 1965 and the National Voter Registration Act to provide for increased penalties relating to fraudulent voter registration in cases involving ten or more violations.

A bill to amend the Help America Vote Act of 2002 to ensure the same requirements that apply to voters who register by mail also apply to voters who do not register in person with an officer or employee of a State or local government entity, and to provide for increased penalties for fraudulent registration in cases involving 10 or more violations.

<SECTION-HEADER> FINDINGS. Congress makes the following findings: The right to vote is a fundamental and incontrovertible right under the Constitution. There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the right to vote is a fundamental right under the Constitution. There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the United States is a democratic government "of the people, by the people, and for the people" in which every vote counts. There is a need for Congress to encourage and enable every eligible American to vote by eliminating procedural obstacles to voting. There is a need to counter discrimination in voting by removing barriers to the exercise of the constitutionally protected right to vote. There is a need to ensure that voter registration processes fairly incorporate every eligible American seeking to exercise the right to vote. Participation in the electoral process is a fundamental civic responsibility in which all eligible Americans should be encouraged to actively participate. There is a need to ensure that every eligible American seeking to exercise the right to vote has access to the electoral process through a uniform system of voter registration that includes each voter's personal registration with an appropriate State or local government election entity. Congress has authority under section 4 of Article I of the Constitution of the United States, section 5 of the Fourteenth Amendment to the Constitution of the United States, and section 2 of the Fifteenth Amendment to the Constitution of the United States to enact legislation to address the equal protection violations that may be caused by unfair voting systems. Congress has an obligation to ensure that the States and localities improve election administration and to ensure the integrity of full participation of all Americans in the democratic election process. <SECTION-HEADER> REQUIREMENTS FOR VOTERS WHO DO NOT REGISTER IN PERSON WITH AN OFFICER OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENT ENTITY. In General. Application of requirements to voters not registering in person. Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 USC. 15483(b)(1)(A)) is amended to read as follows: the individual registered to vote in a jurisdiction by mail. Or did not register to vote in a jurisdiction in person with an officer or employee of a State or local government entity. And". Meaning of in person. Paragraph (1) of section 303(b) of such Act is amended by inserting at the end the following: "For purposes of subparagraph (A)(ii), an individual shall not be considered to have registered in person if the registration is made by a person other than the person whose name appears on the voter registration form.". Conforming Amendment. The heading for subsection (b) of section 303 of such Act is amended by inserting "and Who Do Not Register in Person" after "Mail". Effective Date. The amendments made by this section shall take effect as if included in section 303 of the Help America Vote Act of 2002. <SECTION-HEADER> INCREASED PENALTIES RELATING TO FRAUDULENT VOTER REGISTRATION IN CASES INVOLVING 10 OR MORE VIOLATIONS. False Information in Registering or Voting. Subsection (c) of section 11 of the Voting Rights Act of 1965 (42 USC. 1973i(c)) is amended by inserting at the end the following: "In the case of any person who is found to have been in violation of this section with respect to 10 or more voter registrations, this section shall be applied by substituting `$20,000' for `$10,000' and by substituting `ten years' for `five years' with respect to each such violation.". Penalty Under National Voter Registration Act of 1993. Section 12 of the National Voter Registration Act of 1993 is amended by inserting at the end the following: "In the case of any person who is found to have been in violation of paragraph (2)(A) with respect to 10 or more registration applications, such person shall be fined not less $500,000 or shall be imprisoned not more than 10 years, or both, and any such fine shall be paid into the general fund of the Treasury as provided in the preceding sentence.". Effective Date. The amendments made by this section shall apply to violations occurring after the date of the enactment of this Act.

Amends the Help America Vote Act of 2002 to require a State to apply the same self-identification requirements currently applicable to voters who register by mail also to those voters who do not register in person with an officer or employee of a State or local government entity. Amends the Voting Rights Act of 1965 and the National Voter Registration Act to provide for increased penalties relating to fraudulent voter registration in cases involving ten or more violations.

A bill to amend the Help America Vote Act of 2002 to ensure the same requirements that apply to voters who register by mail also apply to voters who do not register in person with an officer or employee of a State or local government entity, and to provide for increased penalties for fraudulent registration in cases involving 10 or more violations.

109_s1376

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teaching Geography is Fundamental Act''. SEC. 2. GEOGRAPHY EDUCATION. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--GEOGRAPHY EDUCATION ``SEC. 231. FINDINGS. ``Congress makes the following findings: ``(1) Geographic literacy is essential to a well-prepared citizenry in the 21st Century because geographic factors assume greater importance as the world's economies, societies, and political structures grow more global in scale. ``(2) In a recent National Geographic-Roper 9-country survey of geographic literacy among young adults aged 18 through 24, Americans ranked second to last. Only 13 percent of young adults aged 18 through 24 in the United States were able to correctly identify Iraq on a map of Asia and the Middle East. ``(3) The economic stature and competitiveness of the United States requires increasingly sophisticated levels of geographic knowledge and mastery of geographic tools. ``(4) United States Department of Labor data identifies geotechnology as one of the 3 fastest growing employment fields serving industries such as insurance, banking, real estate, forestry, and agriculture as well as Federal, State, and local Governments. ``(5) The National Academy of Sciences urged creation of a national program to improve the geographic competence of the United States general population and the school age population. ``(6) Geography is defined as a `core academic subject' within the No Child Left Behind Act of 2001. ``(7) A recent National Geographic Society survey found that all 50 States and the District of Columbia recognize geography in their curricula or content standards, and an increasing number require geography for graduation and include geography in mandated statewide assessments. ``(8) Seven of 10 educators responding to a National Geographic survey felt their professional development opportunities in geography were inadequate and half believed their schools had inadequate basic materials for teaching geography. ``(9) The National Geographic Society has spent over 15 years pioneering an extraordinarily effective national program for improving the teaching of geography by engaging university faculty geographers and highly trained teachers in State Geographic Alliances dedicated to providing high quality professional development opportunities for kindergarten through grade 12 teachers. ``(10) More than 60 colleges and universities in all 50 States have received grants from the National Geographic Society to support State Geographic Alliances and their professional development programs. Alliance-trained kindergarten through grade 12 teachers and their higher education partners conduct workshops, develop localized teaching materials, and facilitate communication among thousands of teachers whose responsibilities include teaching of geography in various formats and grade levels. ``(11) A study by Mid-continent Research for Education and Learning that assessed student academic achievement in geography on the National Assessment of Educational Progress showed that students taught by Alliance-trained teachers outperformed other students by almost 10 percent. ``SEC. 232. PURPOSES AND OBJECTIVES. ``(a) Purpose.--The purpose of this part is to promote geographic literacy and improved understanding of global cultures among kindergarten through grade 12 students by expanding programs that employ the geographic knowledge and expertise of faculty members in institutions of higher education for the benefit of kindergarten through grade 12 teachers and to otherwise advance geographic literacy. ``(b) Objectives.--The objectives of this part are the following: ``(1) To increase students knowledge of, and achievement in, standards-based geography to enable the students to become better informed and more productive citizens. ``(2) To increase the number of highly qualified teachers of United States and world geography and to enable the teachers to improve student mastery of geographic principles and practical applications of those principles. ``(3) To encourage geographic education research, to develop and disseminate effective instructional materials, and to promote replication of best practices and exemplary programs that foster geographic literacy. ``(4) To assist States in measuring the impact of education in geography. ``(5) To leverage and expand private and public support for geography education partnerships at national, State, and local levels. ``SEC. 233. GRANT PROGRAM AUTHORIZED. ``The Secretary is authorized to award a grant to a national nonprofit education organization or a consortium of organizations (hereafter in this part referred to as the `grantee') that has as its primary purpose the improvement of the quality of student understanding of geography through effective teaching of geography in the Nation's classrooms. ``SEC. 234. USE OF FUNDS. ``(a) Direct Activities.--The grantee shall use not more than 25 percent of the funds made available through the grant for a fiscal year-- ``(1) to strengthen and expand the grantee's relationships with institutions of higher education and with State and local agencies and other public and private organizations with a commitment to geography education and the benefits of geography education; ``(2) to support and promote research-based training of teachers of geography and related disciplines in kindergarten through grade 12 as a means of broadening student knowledge of the world, including the dissemination of information on effective practices and research findings concerning the teaching of geography; ``(3) to support research on effective geography teaching practices and the development of assessment instruments and strategies to document student understanding of geography; ``(4) to convene national conferences on geography education to assess the current state of geographic literacy and to identify strategies for improvement; and ``(5) to develop and disseminate appropriate research-based materials to foster geographic literacy. ``(b) Subgrants.-- ``(1) In general.--The grantee shall use not more than 75 percent of the funds made available through the grant for a fiscal year to award subgrants to eligible recipients. ``(2) Eligible recipient defined.--In this part the term `eligible recipient' means an institution of higher education associated with-- ``(A) a State geographic alliance; ``(B) a nonprofit educational organization; ``(C) a State educational agency or local educational agency; or ``(D) a partnership between or among an alliance, organization, or agency described in subparagraph (A), (B) or (C). ``(3) Subgrant uses of funds.--Eligible recipients shall use the subgrant funds for 1 or more of the following purposes: ``(A) Conducting teacher training programs that use effective and research-based approaches to the teaching of geography at the kindergarten through grade 12 level. ``(B) Applying Geographic Information System (GIS) or other geographic technological tools to the teaching of geography. ``(C) Applying Internet and other distance leaning technology to the teaching of geography or to the continuing education of teachers. ``(D) Promoting rigorous academic standards and assessment techniques to guide and measure student performance in geography. ``(E) Promoting research in geography education, emphasizing research that leads to improving student achievement. ``(F) Carrying out local, field-based activities for teachers and students to improve their knowledge of the concepts and tools of geography while enhancing understanding of their home region. ``(G) Promoting comparative studies of world cultures, economies, and environments. ``(H) Encouraging replication of best practices and model programs to promote geographic literacy. ``(I) Developing and disseminating effective, research-based geography learning materials. ``(J) Convening State-based conferences to assess the state of geographic literacy and to identify strategies for improvement. ``SEC. 235. APPLICATIONS. ``(a) Grantee Applications.--To be eligible to receive a grant under this part, the grantee shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(b) Eligible Recipient Applications.-- ``(1) Submission.--To be eligible to receive a subgrant under this part, an eligible recipient shall submit an application to the grantee at such time, in such manner and accompanied by such information as the grantee may require. ``(2) Review.-- ``(A) In general.--The grantee shall invite individuals described in subparagraph (B) to review all applications from eligible recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the applications. ``(B) Reviewers.--The individuals referred to in subparagraph (A) are the following: ``(i) Leaders in the field of geography education. ``(ii) Such other individuals as the grantee may determine are necessary or desirable. ``SEC. 236. REQUIREMENTS. ``(a) Administrative Costs.--The grantee receiving a grant under this part for a fiscal year, and each eligible recipient receiving a subgrant under this part for a fiscal year, may use not more than 15 percent of the funds made available through the grant or subgrant, respectively, for administrative costs. ``(b) Matching Requirements.-- ``(1) In general.--In order to be eligible to receive a subgrant under this part an eligible recipient shall agree in the application submitted under section 235(b) to provide matching funds towards the costs of the activities assisted under the subgrant. ``(2) Amount.--An eligible recipient shall provide matching funds in an amount equal to 20 percent of the subgrant funds received under this part for the second and each succeeding fiscal year for which subgrant payments are made. ``(3) Source of matching funds.--Matching funds may be provided in cash or in kind, fairly evaluated, including facilities, staffing salaries, and educational materials. ``SEC. 237. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $15,000,000 for fiscal year 2006 and each of the 4 succeeding fiscal years.''.

Teaching Geography is Fundamental Act - Amends the Higher Education Act of 1965 to establish a geography education grant program under title II, Teacher Quality Enhancement. Authorizes the Secretary of Education to award a grant to a national nonprofit education organization or consortium, with 75 to be used for subgrants to institutions of higher education associated with state geographic alliances, nonprofit educational organizations, or state or local educational agencies. Requires various grantee and subgrantee activities designed to expand geographic literacy among kindergarten through grade 12 students by improving their teachers' professional development programs offered through institutions of higher education. Includes among such activities state-based conferences to assess geographic literacy and identify improvement strategies.

A bill to improve and expand geographic literacy among kindergarten through grade 12 students in the United States by improving professional development programs for kindergarten through grade 12 teachers offered through institutions of higher education.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Teaching Geography is Fundamental Act". <SECTION-HEADER> GEOGRAPHY EDUCATION. Title II of the Higher Education Act of 1965 is amended by adding at the end the following: "PART C GEOGRAPHY EDUCATION "Section 231. FINDINGS. "Congress makes the following findings: Geographic literacy is essential to a well-prepared citizenry in the 21st Century because geographic factors assume greater importance as the world's economies, societies, and political structures grow more global in scale. In a recent National Geographic-Roper 9-country survey of geographic literacy among young adults aged 18 through 24, Americans ranked second to last. Only 13 percent of young adults aged 18 through 24 in the United States were able to correctly identify Iraq on a map of Asia and the Middle East. The economic stature and competitiveness of the United States requires increasingly sophisticated levels of geographic knowledge and mastery of geographic tools. United States Department of Labor data identifies geotechnology as one of the 3 fastest growing employment fields serving industries such as insurance, banking, real estate, forestry, and agriculture as well as Federal, State, and local Governments. The National Academy of Sciences urged creation of a national program to improve the geographic competence of the United States general population and the school age population. Geography is defined as a `core academic subject' within the No Child Left Behind Act of 2001. A recent National Geographic Society survey found that all 50 States and the District of Columbia recognize geography in their curricula or content standards, and an increasing number require geography for graduation and include geography in mandated statewide assessments. Seven of 10 educators responding to a National Geographic survey felt their professional development opportunities in geography were inadequate and half believed their schools had inadequate basic materials for teaching geography. The National Geographic Society has spent over 15 years pioneering an extraordinarily effective national program for improving the teaching of geography by engaging university faculty geographers and highly trained teachers in State Geographic Alliances dedicated to providing high quality professional development opportunities for kindergarten through grade 12 teachers. More than 60 colleges and universities in all 50 States have received grants from the National Geographic Society to support State Geographic Alliances and their professional development programs. Alliance-trained kindergarten through grade 12 teachers and their higher education partners conduct workshops, develop localized teaching materials, and facilitate communication among thousands of teachers whose responsibilities include teaching of geography in various formats and grade levels. A study by Mid-continent Research for Education and Learning that assessed student academic achievement in geography on the National Assessment of Educational Progress showed that students taught by Alliance-trained teachers outperformed other students by almost 10 percent. "Section 232. PURPOSES AND OBJECTIVES. Purpose. The purpose of this part is to promote geographic literacy and improved understanding of global cultures among kindergarten through grade 12 students by expanding programs that employ the geographic knowledge and expertise of faculty members in institutions of higher education for the benefit of kindergarten through grade 12 teachers and to otherwise advance geographic literacy. Objectives. The objectives of this part are the following: To increase students knowledge of, and achievement in, standards-based geography to enable the students to become better informed and more productive citizens. To increase the number of highly qualified teachers of United States and world geography and to enable the teachers to improve student mastery of geographic principles and practical applications of those principles. To encourage geographic education research, to develop and disseminate effective instructional materials, and to promote replication of best practices and exemplary programs that foster geographic literacy. To assist States in measuring the impact of education in geography. To leverage and expand private and public support for geography education partnerships at national, State, and local levels. "Section 233. GRANT PROGRAM AUTHORIZED. "The Secretary is authorized to award a grant to a national nonprofit education organization or a consortium of organizations that has as its primary purpose the improvement of the quality of student understanding of geography through effective teaching of geography in the Nation's classrooms. "Section 234. USE OF FUNDS. Direct Activities. The grantee shall use not more than 25 percent of the funds made available through the grant for a fiscal year to strengthen and expand the grantee's relationships with institutions of higher education and with State and local agencies and other public and private organizations with a commitment to geography education and the benefits of geography education. To support and promote research-based training of teachers of geography and related disciplines in kindergarten through grade 12 as a means of broadening student knowledge of the world, including the dissemination of information on effective practices and research findings concerning the teaching of geography. To support research on effective geography teaching practices and the development of assessment instruments and strategies to document student understanding of geography. To convene national conferences on geography education to assess the current state of geographic literacy and to identify strategies for improvement. And to develop and disseminate appropriate research-based materials to foster geographic literacy. Subgrants. In general. The grantee shall use not more than 75 percent of the funds made available through the grant for a fiscal year to award subgrants to eligible recipients. Eligible recipient defined. In this part the term `eligible recipient' means an institution of higher education associated with a State geographic alliance, a nonprofit educational organization, a State educational agency or local educational agency. Or a partnership between or among an alliance, organization, or agency described in subparagraph (A), or (C). Subgrant uses of funds. Eligible recipients shall use the subgrant funds for 1 or more of the following purposes: Conducting teacher training programs that use effective and research-based approaches to the teaching of geography at the kindergarten through grade 12 level. Applying Geographic Information System (GIS) or other geographic technological tools to the teaching of geography. Applying Internet and other distance leaning technology to the teaching of geography or to the continuing education of teachers. Promoting rigorous academic standards and assessment techniques to guide and measure student performance in geography. Promoting research in geography education, emphasizing research that leads to improving student achievement. Carrying out local, field-based activities for teachers and students to improve their knowledge of the concepts and tools of geography while enhancing understanding of their home region. Promoting comparative studies of world cultures, economies, and environments. Encouraging replication of best practices and model programs to promote geographic literacy. Developing and disseminating effective, research-based geography learning materials. Convening State-based conferences to assess the state of geographic literacy and to identify strategies for improvement. "Section 235. APPLICATIONS. Grantee Applications. To be eligible to receive a grant under this part, the grantee shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. Eligible Recipient Applications. Submission. To be eligible to receive a subgrant under this part, an eligible recipient shall submit an application to the grantee at such time, in such manner and accompanied by such information as the grantee may require. Review. In general. The grantee shall invite individuals described in subparagraph (B) to review all applications from eligible recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the applications. Reviewers. The individuals referred to in subparagraph (A) are the following: Leaders in the field of geography education. Such other individuals as the grantee may determine are necessary or desirable. "Section 236. REQUIREMENTS. Administrative Costs. The grantee receiving a grant under this part for a fiscal year, and each eligible recipient receiving a subgrant under this part for a fiscal year, may use not more than 15 percent of the funds made available through the grant or subgrant, respectively, for administrative costs. Matching Requirements. In general. In order to be eligible to receive a subgrant under this part an eligible recipient shall agree in the application submitted under section 235(b) to provide matching funds towards the costs of the activities assisted under the subgrant. Amount. An eligible recipient shall provide matching funds in an amount equal to 20 percent of the subgrant funds received under this part for the second and each succeeding fiscal year for which subgrant payments are made. Source of matching funds. Matching funds may be provided in cash or in kind, fairly evaluated, including facilities, staffing salaries, and educational materials. "Section 237. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this part $15,000,000 for fiscal year 2006 and each of the 4 succeeding fiscal years.".

Teaching Geography is Fundamental Act - Amends the Higher Education Act of 1965 to establish a geography education grant program under title II, Teacher Quality Enhancement. Authorizes the Secretary of Education to award a grant to a national nonprofit education organization or consortium, with 75 to be used for subgrants to institutions of higher education associated with state geographic alliances, nonprofit educational organizations, or state or local educational agencies. Requires various grantee and subgrantee activities designed to expand geographic literacy among kindergarten through grade 12 students by improving their teachers' professional development programs offered through institutions of higher education. Includes among such activities state-based conferences to assess geographic literacy and identify improvement strategies.

A bill to improve and expand geographic literacy among kindergarten through grade 12 students in the United States by improving professional development programs for kindergarten through grade 12 teachers offered through institutions of higher education.

108_hr1694

SECTION 1. SHORT TITLE; FINDINGS; PURPOSE (a) Short Title.--This Act may be cited as the ``America Rx Act of 2003''. (b) Findings.--Congress finds the following: (1) Affordability is critical in providing access to prescription drugs for residents of the United States. (2) It is not the intention of the Congress to discourage employers and health insurers from providing coverage for prescription drugs, including discounts for the purchase of those drugs. (c) Purpose.--The purpose of this Act is to establish an America Rx program that utilizes manufacturer rebates and pharmacy discounts to reduce prescription drug prices to those residents who are without access to discounted prices for outpatient prescription drugs. SEC. 2. ESTABLISHMENT OF AMERICA RX PROGRAM. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services shall establish a program (in this section referred to as the ``America Rx program'') consistent with the provisions of this section to provide qualified residents with access to discounted prices for outpatient prescription drugs. (2) Principles.--The Secretary shall design and execute the America Rx program in a manner consistent with the following principles: (A) Medicaid beneficiaries and other low-income individuals, as well as senior citizens and the disabled, are not hurt or disadvantaged as a result of the program's implementation. (B) Pharmacies participating are ensured reasonable and timely payment of discounts they provide to qualified residents under the program. (C) The Federal Government will fully reimburse States for reasonable costs they incur in carrying out the program. (D) Individuals who apply for benefits under the program are screened for eligibility under the medicaid program and other applicable Governmental health care programs and, if found eligible, are enrolled in such program or programs. (E) The Secretary provides for-- (i) outreach efforts to build public awareness of the program and maximize enrollment of qualified residents; and (ii) simplified eligibility procedures and uniform eligibility standards for qualified residents. (3) Qualified resident defined.--For purposes of this section, the term ``qualified resident'' means an individual who-- (A) a citizen or national of the United States (or an alien lawful residing permanently in the United States); and (B) as determined under regulations of the Secretary, is not covered under any public or private program that provides substantial benefits (which may be discounted prices) towards the purchase of outpatient prescription drugs. (b) Rebate Agreements With Manufacturers.-- (1) In general.--Under the America Rx program the Secretary shall negotiate with manufacturers of outpatient prescription drugs rebate agreements with respect to drugs offered under the program to qualified residents. (2) Minimum amount of rebates.--In negotiating the amount of such a rebate under paragraph (1), the Secretary shall take into consideration the amount of the rebate calculated under the medicaid program, the average manufacturer price of prescription drugs, and other information on prescription drug prices and price discounts. The Secretary shall negotiate the amount of such rebates in a manner so that the rebates on average are comparable to the average percentage rebate obtained in outpatient prescription drugs provided under section 1927(c) of the Social Security Act (42 U.S.C. 1396r- 8(c)). (3) Payment.--Such rebates shall be payable to the Secretary according to a schedule (not less often than quarterly) negotiated with manufacturers and shall be paid, directly or through States, to participating pharmacies that provide discounts to qualified residents. (4) Incentive.--In order to induce manufacturers of outpatient prescription drugs to enter into such rebate agreements, the Secretary shall, in a manner consistent with the design principle specified in subsection (a)(2), provide, in the case of a manufacturer that has not entered into such an agreement, for a denial of a deduction under chapter 1 of the Internal Revenue Code of 1986 for the amount of expenses of the manufacturer for advertising and marketing of drugs of the manufacturer, other than expenses for free samples of drugs subject to section 503(b)(1) of the Federal Food Drug, and Cosmetic Act intended to be distributed to patients. (5) Application of rebates.--Amounts received by the Secretary as rebates under this subsection shall be placed into an appropriate account in the Treasury and shall be available in advance of appropriations to the Secretary for the payment of discounts and other costs of participating pharmacies in carrying out the America Rx program and for the payment of administrative costs in carrying out the program. (c) Arrangements With Participating Pharmacies.-- (1) In general.--Under the America Rx program arrangements are made with pharmacies for the provision of prescription drugs at discounted prices to qualified residents in a reasonably accessible manner. Such arrangements shall provide that-- (A) each participating pharmacy shall-- (i) provide discounts on prices for outpatient prescription drugs for qualified residents in return for prompt reimbursement of the amount of such discounts and a reasonable dispensing fee; (ii) not charge qualified residents more (before such discounts) for outpatient prescription drugs than the amount that individuals who are not qualified residents are charged for such drugs; and (iii) report to the Secretary (or the Secretary's designee) information regarding the discounts provided and fees incurred; and (B) the program shall-- (i) reimburse a participating retail pharmacy on a prompt basis (no less promptly than as provided under the medicare program) for discounted prices provided to qualified residents under the program and for reasonable dispensing fees; and (ii) not impose any additional fees on such pharmacies in connection with participation in the program. (2) Discounted prices.--The amount of the discount provided to enrolled qualifying residents shall reflect the amount of rebates obtained, reduced by expenses relating to administrative costs of the Federal and State governments and of participating pharmacies. The Secretary shall specify the method for computing and applying discounts, including a method for computing and applying discounts on a uniform, average percentage basis. (d) Administration.-- (1) In general.--Under the America Rx program the Secretary may enter into appropriate arrangements with States under which States provide for the administration of the program in return for payment of the reasonable administrative expenses associated with such administration. (2) Administrative functions.--Such administration functions may include-- (A) determinations of eligibility of qualified residents; (B) arrangements with participating pharmacies; and (C) such other functions as the Secretary determines appropriate. (3) Contractual authority.--In carrying out responsibilities under this section, the Secretary and States may enter into agreements with pharmacy benefit managers and other third parties. (e) Definitions.--For purposes of this section: (1) The term ``manufacturer'' has the meaning given such term in section 1927(k)(5) of the Social Security Act (42 U.S.C. 1396r-8(k)(5)). (2) The term ``medicaid program'' means a State program under title XIX of the Social Security Act, including such a program operating under a Statewide waiver under section 1115 of such Act. (3) The term ``outpatient prescription drug'' has the meaning given the term ``covered outpatient drug'' in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r- 8(k)(2)). (4) The term ``Secretary'' means the Secretary of Health and Human Services. (5) The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act.

America Rx Act of 2003 - Directs the Secretary of Health and Human Services to establish a program to provide qualified US residents with access to discounted prices for outpatient prescription drugs.

To establish an America Rx program to establish fairer pricing for prescription drugs for individuals without access to prescription drugs at discounted prices.

<SECTION-HEADER> SHORT TITLE, FINDINGS. PURPOSE Short Title. This Act may be cited as the "America Rx Act of 2003". Findings. Congress finds the following: Affordability is critical in providing access to prescription drugs for residents of the United States. It is not the intention of the Congress to discourage employers and health insurers from providing coverage for prescription drugs, including discounts for the purchase of those drugs. Purpose. The purpose of this Act is to establish an America Rx program that utilizes manufacturer rebates and pharmacy discounts to reduce prescription drug prices to those residents who are without access to discounted prices for outpatient prescription drugs. <SECTION-HEADER> ESTABLISHMENT OF AMERICA RX PROGRAM. Establishment. In general. The Secretary of Health and Human Services shall establish a program consistent with the provisions of this section to provide qualified residents with access to discounted prices for outpatient prescription drugs. Principles. The Secretary shall design and execute the America Rx program in a manner consistent with the following principles: Medicaid beneficiaries and other low-income individuals, as well as senior citizens and the disabled, are not hurt or disadvantaged as a result of the program's implementation. Pharmacies participating are ensured reasonable and timely payment of discounts they provide to qualified residents under the program. The Federal Government will fully reimburse States for reasonable costs they incur in carrying out the program. Individuals who apply for benefits under the program are screened for eligibility under the medicaid program and other applicable Governmental health care programs and, if found eligible, are enrolled in such program or programs. The Secretary provides for outreach efforts to build public awareness of the program and maximize enrollment of qualified residents. And simplified eligibility procedures and uniform eligibility standards for qualified residents. Qualified resident defined. For purposes of this section, the term "qualified resident" means an individual who a citizen or national of the United States. And as determined under regulations of the Secretary, is not covered under any public or private program that provides substantial benefits towards the purchase of outpatient prescription drugs. Rebate Agreements With Manufacturers. In general. Under the America Rx program the Secretary shall negotiate with manufacturers of outpatient prescription drugs rebate agreements with respect to drugs offered under the program to qualified residents. Minimum amount of rebates. In negotiating the amount of such a rebate under paragraph (1), the Secretary shall take into consideration the amount of the rebate calculated under the medicaid program, the average manufacturer price of prescription drugs, and other information on prescription drug prices and price discounts. The Secretary shall negotiate the amount of such rebates in a manner so that the rebates on average are comparable to the average percentage rebate obtained in outpatient prescription drugs provided under section 1927(c) of the Social Security Act (42 USC. 1396r- 8(c)). Payment. Such rebates shall be payable to the Secretary according to a schedule negotiated with manufacturers and shall be paid, directly or through States, to participating pharmacies that provide discounts to qualified residents. Incentive. In order to induce manufacturers of outpatient prescription drugs to enter into such rebate agreements, the Secretary shall, in a manner consistent with the design principle specified in subsection (a)(2), provide, in the case of a manufacturer that has not entered into such an agreement, for a denial of a deduction under chapter 1 of the Internal Revenue Code of 1986 for the amount of expenses of the manufacturer for advertising and marketing of drugs of the manufacturer, other than expenses for free samples of drugs subject to section 503(b)(1) of the Federal Food Drug, and Cosmetic Act intended to be distributed to patients. Application of rebates. Amounts received by the Secretary as rebates under this subsection shall be placed into an appropriate account in the Treasury and shall be available in advance of appropriations to the Secretary for the payment of discounts and other costs of participating pharmacies in carrying out the America Rx program and for the payment of administrative costs in carrying out the program. Arrangements With Participating Pharmacies. In general. Under the America Rx program arrangements are made with pharmacies for the provision of prescription drugs at discounted prices to qualified residents in a reasonably accessible manner. Such arrangements shall provide that each participating pharmacy shall provide discounts on prices for outpatient prescription drugs for qualified residents in return for prompt reimbursement of the amount of such discounts and a reasonable dispensing fee. Not charge qualified residents more for outpatient prescription drugs than the amount that individuals who are not qualified residents are charged for such drugs. And report to the Secretary information regarding the discounts provided and fees incurred. And the program shall reimburse a participating retail pharmacy on a prompt basis for discounted prices provided to qualified residents under the program and for reasonable dispensing fees. And not impose any additional fees on such pharmacies in connection with participation in the program. Discounted prices. The amount of the discount provided to enrolled qualifying residents shall reflect the amount of rebates obtained, reduced by expenses relating to administrative costs of the Federal and State governments and of participating pharmacies. The Secretary shall specify the method for computing and applying discounts, including a method for computing and applying discounts on a uniform, average percentage basis. Administration. In general. Under the America Rx program the Secretary may enter into appropriate arrangements with States under which States provide for the administration of the program in return for payment of the reasonable administrative expenses associated with such administration. Administrative functions. Such administration functions may include determinations of eligibility of qualified residents, arrangements with participating pharmacies. And such other functions as the Secretary determines appropriate. Contractual authority. In carrying out responsibilities under this section, the Secretary and States may enter into agreements with pharmacy benefit managers and other third parties. Definitions. For purposes of this section: The term "manufacturer" has the meaning given such term in section 1927(k)(5) of the Social Security Act (42 USC. 1396r-8(k)(5)). The term "medicaid program" means a State program under title XIX of the Social Security Act, including such a program operating under a Statewide waiver under section 1115 of such Act. The term "outpatient prescription drug" has the meaning given the term "covered outpatient drug" in section 1927(k)(2) of the Social Security Act (42 USC. 1396r- 8(k)(2)). The term "Secretary" means the Secretary of Health and Human Services. The term "State" has the meaning given such term for purposes of title XIX of the Social Security Act.

America Rx Act of 2003 - Directs the Secretary of Health and Human Services to establish a program to provide qualified US residents with access to discounted prices for outpatient prescription drugs.

To establish an America Rx program to establish fairer pricing for prescription drugs for individuals without access to prescription drugs at discounted prices.

108_s149

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rape Kits and DNA Evidence Backlog Elimination Act of 2003''. SEC. 2. REAUTHORIZATION OF DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000. Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(j)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) $25,000,000 for fiscal year 2004; ``(E) $25,000,000 for fiscal year 2005; ``(F) $25,000,000 for fiscal year 2006; and ``(G) $25,000,000 for fiscal year 2007.''; and (2) in paragraph (2)-- (A) in subparagraph (C), by striking ``and''; and (B) by striking subparagraph (D), and inserting the following: ``(D) $75,000,000 for fiscal year 2004; ``(E) $75,000,000 for fiscal year 2005; ``(F) $25,000,000 for fiscal year 2006; and ``(G) $25,000,000 for fiscal year 2007.''. SEC. 3. EXPANSION OF COMBINED DNA INDEX SYSTEM. (a) Inclusion of all DNA Samples From States.--Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended-- (1) in subsection (a)(1), by striking ``of persons convicted of crimes;'' and inserting the following: ``of-- ``(A) persons convicted of crimes; and ``(B) other persons, as authorized under the laws of the jurisdiction that generates the records;''; and (2) by striking subsection (d). (b) Felons Convicted of Federal Crimes.--Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is amended to read as follows: ``(d) Qualifying Federal Offenses.--The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: ``(1) Any felony. ``(2) Any offense under chapter 109A of title 18, United States Code. ``(3) Any crime of violence (as that term is defined in section 16 of title 18, United States Code). ``(4) Any attempt or conspiracy to commit any of the offenses under paragraphs (1) through (3).''. (c) Uniform Code of Military Justice.--Section 1565 of title 10, United States Code, is amended-- (1) by amending subsection (d) to read as follows: ``(d) Qualifying Military Offenses.--The offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: ``(1) Any offense under the Uniform Code of Military Justice for which the authorized penalties include confinement for more than 1 year. ``(2) Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000).''; (2) by striking subsection (e); and (3) by redesignating subsection (f) as subsection (e). (d) Technical Amendments.--Section 811(a)(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C. 531 note) is amended-- (1) in subparagraph (A), by striking ``[42 U.S.C.A. 14132a(d)]'' and inserting ``(42 U.S.C. 14135a(d))''; and (2) in subparagraph (B), by striking ``[42 U.S.C.A. Sec. 14132b(d)]'' and inserting ``(42 U.S.C. 14135b(d))''. SEC. 4. FORENSIC LABORATORY GRANTS. (a) Grants Authorized.--The Attorney General is authorized to award grants to not more than 15 State or local forensic laboratories to implement innovative plans to encourage law enforcement, judicial, and corrections personnel to increase the submission of rape evidence kits and other biological evidence from crime scenes. (b) Application.--Not later than December 31, 2004, each laboratory desiring a grant under this section shall submit an application containing a proposed plan to encourage law enforcement officials in localities with a DNA backlog to increase the submission of rape evidence kits and other biological evidence from crime scenes. (c) Authorization of Appropriations.--There are authorized to be appropriated $30,000,000 for each of the fiscal years 2004 through 2006 to carry out the provisions of this section. SEC. 5. ELIGIBILITY OF LOCAL GOVERNMENTS OR INDIAN TRIBES TO APPLY FOR AND RECEIVE DNA BACKLOG ELIMINATION GRANTS. Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``, units of local government, or Indian tribes'' after ``eligible States''; and (ii) by inserting ``, unit of local government, or Indian tribe'' after ``State''; and (B) in paragraph (3), by striking ``or by units of local government'' and inserting ``, units of local government, or Indian tribes``; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``, unit of local government, or Indian tribe'' after ``State'' each place that term appears; (B) in paragraph (1), by inserting ``, unit of local government, or Indian tribe`` after ``State''; (C) in paragraph (3), by inserting ``, unit of local government, or Indian tribe'' after ``State'' the first time that term appears; (D) in paragraph (4), by inserting ``, unit of local government, or Indian tribe'' after ``State''; and (E) in paragraph (5), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (3) in subsection (c), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (4) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``or a unit of local government'' and inserting ``, a unit of local government, or an Indian tribe''; and (ii) in subparagraph (B), by striking ``or a unit of local government'' and inserting ``, a unit of local government, or an Indian tribe''; and (B) in paragraph (2)(A), by inserting ``, units of local government, and Indian tribes,'' after ``States''; (5) in subsection (e)-- (A) in paragraph (1), by inserting ``or local government'' after ``State'' each place that term appears; and (B) in paragraph (2), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (6) in subsection (f), in the matter preceding paragraph (1), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (7) in subsection (g)-- (A) in paragraph (1), by inserting ``, unit of local government, or Indian tribe'' after ``State''; and (B) in paragraph (2), by inserting ``, units of local government, or Indian tribes'' after ``States''; and (8) in subsection (h), by inserting ``, unit of local government, or Indian tribe'' after ``State'' each place that term appears. SEC. 6. SAFE PROGRAM. (a) Establishment of Grant Program.--The Attorney General shall establish a program to award and disburse annual grants to SAFE programs. (b) Compliance With National Protocol.--To receive a grant under this section, a proposed or existing SAFE program shall be in compliance with the standards and recommended national protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg note). (c) Application.-- (1) In general.--Each proposed or existing SAFE program that desires a grant under this section shall submit an application to the Attorney General at such time, and in such manner, as the Attorney General shall reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall include information regarding-- (A) the size of the population or estimated population to be served by the proposed or existing SAFE program; and (B) if the SAFE program exists at the time the applicant submits its application, the effectiveness of that SAFE program. (d) Priority Given to Programs in Underserved Areas.--In awarding grants under this section, the Attorney General shall give priority to proposed or existing SAFE programs that are serving, or will serve, populations currently underserved by existing SAFE programs. (e) Nonexclusivity.--Nothing in this Act shall be construed to limit or restrict the ability of proposed or existing SAFE programs to apply for and obtain Federal funding from any other agency or department, or under any other Federal grant program. (f) Audits.--The Attorney General shall audit recipients of grants awarded and disbursed under this section to ensure-- (1) compliance with the standards and recommended national protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg note); (2) compliance with other applicable Federal laws; and (3) overall program effectiveness. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice $10,000,000 for each of fiscal years 2004 through 2008 for grants under this section. SEC. 7. DNA EVIDENCE TRAINING GRANTS. (a) Grants Authorized.--The Attorney General is authorized to award grants to prosecutor's offices, associations, or organizations to train local prosecutors in the use of DNA evidence in a criminal investigation or a trial. (b) Application.--Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (c) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 for each of the fiscal years 2004 through 2006 to carry out the provisions of this section. SEC. 8. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES. (a) Statute of Limitations.-- (1) In general.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3297. Child abduction and sex offenses ``Notwithstanding any other provision of law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110, or 117, or section 1591.''. (2) Amendment to chapter analysis.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``3297. Child abduction and sex offenses.''. (b) Application.--The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. SEC. 9. TOLLING OF LIMITATION PERIOD FOR PROSECUTION IN CASES INVOLVING DNA IDENTIFICATION. (a) In General.--Chapter 213 of title 18, United States Code, as amended by section 8, is further amended by adding at the end the following: ``Sec. 3298. Cases involving DNA evidence ``In a case in which DNA testing implicates a person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the DNA testing that implicates the person has elapsed that is equal to the otherwise applicable limitation period.''. (b) Clerical Amendment.--The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``3298. Cases involving DNA evidence.''. (c) Effective Date.--The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. SEC. 10. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6) is amended-- (1) in subsection (a), by inserting ``dating violence,'' after ``domestic violence,''; (2) in subsection (b)-- (A) by inserting before paragraph (1) the following: ``(1) Dating violence.--The term `dating violence' means violence committed by a person-- ``(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and ``(B) where the existence of such a relationship shall be determined based on a consideration of-- ``(i) the length of the relationship; ``(ii) the type of relationship; and ``(iii) the frequency of interaction between the persons involved in the relationship.''; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4) respectively; and (C) in paragraph (3), as redesignated by subparagraph (B) of this paragraph, by inserting ``dating violence,'' after ``domestic violence,''; (3) in subsection (c)-- (A) in paragraph (1), by inserting-- (i) ``, dating violence,'' after ``between domestic violence''; and (ii) ``dating violence,'' after ``victims of domestic violence,''; (B) in paragraph (2), by inserting ``dating violence,'' after ``domestic violence,''; and (C) in paragraph (3), by inserting ``dating violence,'' after ``domestic violence,''; (4) in subsection (d)-- (A) in paragraph (1), by inserting ``, dating violence,'' after ``domestic violence''; (B) in paragraph (2), by inserting ``, dating violence,'' after ``domestic violence''; (C) in paragraph (3), by inserting ``, dating violence,'' after ``domestic violence''; and (D) in paragraph (4), by inserting ``dating violence,'' after ``domestic violence,''; (5) in subsection (e), by inserting ``dating violence,'' after ``domestic violence,''; and (6) in subsection (f)(2)(A), by inserting ``dating violence,'' after ``domestic violence,''. SEC. 11. SENSE OF CONGRESS. It is the sense of Congress that the Paul Coverdell National Forensic Science Improvement Act (Public Law 106-561) should be funded in order to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes.

Rape Kits and DNA Evidence Backlog Elimination Act of 2003 - Reauthorizes appropriations under the DNA Analysis Backlog Elimination Act of 2000 . Expands the scope of DNA samples to be included in the Combined DNA Index System. Authorizes the Attorney General to award grants to up to 15 State or local forensic laboratories to implement innovative plans to encourage law enforcement, judicial, and corrections personnel to increase the submission of rape evidence kits and other biological evidence from crime scenes. Amends the Act to make local governments and Indian tribes eligible to apply for and receive DNA backlog elimination grants. Requires the Attorney General to establish a program to award and disburse annual grants to SAFE programs, with priority to programs that are serving, or will serve, populations currently under-served by existing SAFE programs. Authorizes the Attorney General to award grants to prosecutor's offices, associations, or organizations to train local prosecutors in the use of DNA evidence in a criminal investigation or a trial. Eliminates the statute of limitations for child abduction and sex offenses. Provides that the limitation period in cases in which DNA testing implicates a person in the commission of a felony shall not preclude prosecution until an equal period has elapsed following such testing. Amends the Violence Against Women Act of 2000 to cover dating violence. Expresses the sense of Congress that the Paul Coverdell National Forensic Science Improvement Act should be funded in order to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes.

A bill to improve investigation and prosecution of sexual assault cases with DNA evidence, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rape Kits and DNA Evidence Backlog Elimination Act of 2003". <SECTION-HEADER> REAUTHORIZATION OF DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000. Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 (42 USC. 14135(j)) is amended in paragraph (1) in subparagraph (B), by striking "and". In subparagraph (C), by striking the period at the end and inserting ", and". And by adding at the end the following: $25,000,000 for fiscal year 2004, $25,000,000 for fiscal year 2005, $25,000,000 for fiscal year 2006, and $25,000,000 for fiscal year 2007.", and in paragraph (2) in subparagraph (C), by striking "and". And by striking subparagraph (D), and inserting the following: $75,000,000 for fiscal year 2004, $75,000,000 for fiscal year 2005, $25,000,000 for fiscal year 2006. And $25,000,000 for fiscal year 2007.". <SECTION-HEADER> EXPANSION OF COMBINED DNA INDEX SYSTEM. Inclusion of all DNA Samples From States. Section 210304 of the DNA Identification Act of 1994 is amended in subsection (a)(1), by striking "of persons convicted of crimes, " and inserting the following: "of persons convicted of crimes. And other persons, as authorized under the laws of the jurisdiction that generates the records, ". And by striking subsection (d). Felons Convicted of Federal Crimes. Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 USC. 14135a(d)) is amended to read as follows: Qualifying Federal Offenses. The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: Any felony. Any offense under chapter 109A of title 18, United States Code. Any crime of violence . Any attempt or conspiracy to commit any of the offenses under paragraphs (1) through (3).". Uniform Code of Military Justice. Section 1565 of title 10, United States Code, is amended by amending subsection (d) to read as follows: Qualifying Military Offenses. The offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: Any offense under the Uniform Code of Military Justice for which the authorized penalties include confinement for more than 1 year. Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3.", by striking subsection (e). And by redesignating subsection (f) as subsection (e). Technical Amendments. Section 811(a)(2) of the Antiterrorism and Effective Death Penalty Act of 1996 is amended in subparagraph (A), by striking "42 USC. A. 14132a(d)" and inserting "(42 USC. 14135a(d))". And in subparagraph (B), by striking "42 USC. A. Section 14132b(d)" and inserting "(42 USC. 14135b(d))". <SECTION-HEADER> FORENSIC LABORATORY GRANTS. Grants Authorized. The Attorney General is authorized to award grants to not more than 15 State or local forensic laboratories to implement innovative plans to encourage law enforcement, judicial, and corrections personnel to increase the submission of rape evidence kits and other biological evidence from crime scenes. Application. Not later than December 31, 2004, each laboratory desiring a grant under this section shall submit an application containing a proposed plan to encourage law enforcement officials in localities with a DNA backlog to increase the submission of rape evidence kits and other biological evidence from crime scenes. Authorization of Appropriations. There are authorized to be appropriated $30,000,000 for each of the fiscal years 2004 through 2006 to carry out the provisions of this section. <SECTION-HEADER> ELIGIBILITY OF LOCAL GOVERNMENTS OR INDIAN TRIBES TO APPLY FOR AND RECEIVE DNA BACKLOG ELIMINATION GRANTS. Section 2 of the DNA Analysis Backlog Elimination Act of 2000 is amended in subsection (a) in the matter preceding paragraph (1) by inserting ", units of local government, or Indian tribes" after "eligible States". And by inserting ", unit of local government, or Indian tribe" after "State". And in paragraph (3), by striking "or by units of local government" and inserting ", units of local government, or Indian tribes". In subsection (b) in the matter preceding paragraph (1), by inserting ", unit of local government, or Indian tribe" after "State" each place that term appears. In paragraph (1), by inserting ", unit of local government, or Indian tribe" after "State". In paragraph (3), by inserting ", unit of local government, or Indian tribe" after "State" the first time that term appears. In paragraph (4), by inserting ", unit of local government, or Indian tribe" after "State". And in paragraph (5), by inserting ", unit of local government, or Indian tribe" after "State". In subsection (c), by inserting ", unit of local government, or Indian tribe" after "State". In subsection (d) in paragraph (1) in subparagraph (A), by striking "or a unit of local government" and inserting ", a unit of local government, or an Indian tribe". And in subparagraph (B), by striking "or a unit of local government" and inserting ", a unit of local government, or an Indian tribe". And in paragraph (2)(A), by inserting ", units of local government, and Indian tribes," after "States". In subsection (e) in paragraph (1), by inserting "or local government" after "State" each place that term appears. And in paragraph (2), by inserting ", unit of local government, or Indian tribe" after "State". In subsection (f), in the matter preceding paragraph , by inserting ", unit of local government, or Indian tribe" after "State". In subsection (g) in paragraph (1), by inserting ", unit of local government, or Indian tribe" after "State". And in paragraph (2), by inserting ", units of local government, or Indian tribes" after "States". And in subsection (h), by inserting ", unit of local government, or Indian tribe" after "State" each place that term appears. <SECTION-HEADER> SAFE PROGRAM. Establishment of Grant Program. The Attorney General shall establish a program to award and disburse annual grants to SAFE programs. Compliance With National Protocol. To receive a grant under this section, a proposed or existing SAFE program shall be in compliance with the standards and recommended national protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000 . Application. In general. Each proposed or existing SAFE program that desires a grant under this section shall submit an application to the Attorney General at such time, and in such manner, as the Attorney General shall reasonably require. Contents. Each application submitted pursuant to paragraph (1) shall include information regarding the size of the population or estimated population to be served by the proposed or existing SAFE program. And if the SAFE program exists at the time the applicant submits its application, the effectiveness of that SAFE program. Priority Given to Programs in Underserved Areas. In awarding grants under this section, the Attorney General shall give priority to proposed or existing SAFE programs that are serving, or will serve, populations currently underserved by existing SAFE programs. Nonexclusivity. Nothing in this Act shall be construed to limit or restrict the ability of proposed or existing SAFE programs to apply for and obtain Federal funding from any other agency or department, or under any other Federal grant program. Audits. The Attorney General shall audit recipients of grants awarded and disbursed under this section to ensure compliance with the standards and recommended national protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000, compliance with other applicable Federal laws. And overall program effectiveness. Authorization of Appropriations. There are authorized to be appropriated to the Department of Justice $10,000,000 for each of fiscal years 2004 through 2008 for grants under this section. <SECTION-HEADER> DNA EVIDENCE TRAINING GRANTS. Grants Authorized. The Attorney General is authorized to award grants to prosecutor's offices, associations, or organizations to train local prosecutors in the use of DNA evidence in a criminal investigation or a trial. Application. Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. Authorization of Appropriations. There are authorized to be appropriated $5,000,000 for each of the fiscal years 2004 through 2006 to carry out the provisions of this section. <SECTION-HEADER> NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES. Statute of Limitations. In general. Chapter 213 of title 18, United States Code, is amended by adding at the end the following: "Section 3297. Child abduction and sex offenses "Notwithstanding any other provision of law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110, or 117, or section 1591.". Amendment to chapter analysis. The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "3297. Child abduction and sex offenses.". Application. The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. <SECTION-HEADER> TOLLING OF LIMITATION PERIOD FOR PROSECUTION IN CASES INVOLVING DNA IDENTIFICATION. In General. Chapter 213 of title 18, United States Code, as amended by section 8, is further amended by adding at the end the following: "Section 3298. Cases involving DNA evidence "In a case in which DNA testing implicates a person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the DNA testing that implicates the person has elapsed that is equal to the otherwise applicable limitation period.". Clerical Amendment. The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following: "3298. Cases involving DNA evidence.". Effective Date. The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. <SECTION-HEADER> LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. Section 1201 of the Violence Against Women Act of 2000 is amended in subsection (a), by inserting "dating violence," after "domestic violence,". In subsection (b) by inserting before paragraph (1) the following: Dating violence. The term `dating violence' means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. And where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship. And the frequency of interaction between the persons involved in the relationship.". By redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4) respectively. And in paragraph (3), as redesignated by subparagraph (B) of this paragraph, by inserting "dating violence," after "domestic violence,". In subsection (c) in paragraph (1), by inserting ", dating violence," after "between domestic violence", and "dating violence," after "victims of domestic violence,", in paragraph (2), by inserting "dating violence," after "domestic violence,". And in paragraph (3), by inserting "dating violence," after "domestic violence,". In subsection (d) in paragraph (1), by inserting ", dating violence," after "domestic violence". In paragraph (2), by inserting ", dating violence," after "domestic violence". In paragraph (3), by inserting ", dating violence," after "domestic violence". And in paragraph (4), by inserting "dating violence," after "domestic violence,", in subsection (e), by inserting "dating violence," after "domestic violence,". And in subsection (f)(2)(A), by inserting "dating violence," after "domestic violence,". <SECTION-HEADER> SENSE OF CONGRESS. It is the sense of Congress that the Paul Coverdell National Forensic Science Improvement Act should be funded in order to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes.

Rape Kits and DNA Evidence Backlog Elimination Act of 2003 - Reauthorizes appropriations under the DNA Analysis Backlog Elimination Act of 2000 . Expands the scope of DNA samples to be included in the Combined DNA Index System. Authorizes the Attorney General to award grants to up to 15 State or local forensic laboratories to implement innovative plans to encourage law enforcement, judicial, and corrections personnel to increase the submission of rape evidence kits and other biological evidence from crime scenes. Amends the Act to make local governments and Indian tribes eligible to apply for and receive DNA backlog elimination grants. Requires the Attorney General to establish a program to award and disburse annual grants to SAFE programs, with priority to programs that are serving, or will serve, populations currently under-served by existing SAFE programs. Authorizes the Attorney General to award grants to prosecutor's offices, associations, or organizations to train local prosecutors in the use of DNA evidence in a criminal investigation or a trial. Eliminates the statute of limitations for child abduction and sex offenses. Provides that the limitation period in cases in which DNA testing implicates a person in the commission of a felony shall not preclude prosecution until an equal period has elapsed following such testing. Amends the Violence Against Women Act of 2000 to cover dating violence. Expresses the sense of Congress that the Paul Coverdell National Forensic Science Improvement Act should be funded in order to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes.

A bill to improve investigation and prosecution of sexual assault cases with DNA evidence, and for other purposes.

114_s2669

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Removal of Terminated Providers from Medicaid and CHIP Act''. SEC. 2. INCREASING OVERSIGHT OF TERMINATION OF MEDICAID PROVIDERS. (a) Increased Oversight and Reporting.-- (1) State reporting requirements.--Section 1902(kk) of the Social Security Act (42 U.S.C. 1396a(kk)) is amended-- (A) by redesignating paragraph (8) as paragraph (9); and (B) by inserting after paragraph (7) the following new paragraph: ``(8) Provider terminations.-- ``(A) In general.--Beginning on July 1, 2018, in the case of a notification under subsection (a)(41) with respect to a termination for a reason specified in section 455.101 of title 42, Code of Federal Regulations (as in effect on November 1, 2015), or for any other reason specified by the Secretary, of the participation of a provider of services or any other person under the State plan, the State, not later than 21 business days after the effective date of such termination, submits to the Secretary with respect to any such provider or person, as appropriate-- ``(i) the name of such provider or person; ``(ii) the provider type of such provider or person; ``(iii) the specialty of such provider's or person's practice; ``(iv) the date of birth, social security number, national provider identifier, Federal taxpayer identification number, and the State license or certification number of such provider or person; ``(v) the reason for the termination; ``(vi) a copy of the notice of termination sent to the provider or person; ``(vii) the date on which such termination is effective, as specified in the notice; and ``(viii) any other information required by the Secretary. ``(B) Effective date defined.--For purposes of this paragraph, the term `effective date' means, with respect to a termination described in subparagraph (A), the later of-- ``(i) the date on which such termination is effective, as specified in the notice of such termination; or ``(ii) the date on which all appeal rights applicable to such termination have been exhausted or the timeline for any such appeal has expired.''. (2) Contract requirement for managed care entities.-- Section 1932(d) of the Social Security Act (42 U.S.C. 1396u- 2(d)) is amended by adding at the end the following new paragraph: ``(5) Contract requirement for managed care entities.--With respect to any contract with a managed care entity under section 1903(m) or 1905(t)(3) (as applicable), no later than July 1, 2018, such contract shall include a provision that providers of services or persons terminated (as described in section 1902(kk)(8)) from participation under this title, title XVIII, or title XXI be terminated from participating under this title as a provider in any network of such entity that serves individuals eligible to receive medical assistance under this title.''. (3) Termination notification database.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(ll) Termination Notification Database.--In the case of a provider of services or any other person whose participation under this title, title XVIII, or title XXI is terminated (as described in subsection (kk)(8)), the Secretary shall, not later than 21 business days after the date on which the Secretary terminates such participation under title XVIII or is notified of such termination under subsection (a)(41) (as applicable), review such termination and, if the Secretary determines appropriate, include such termination in any database or similar system developed pursuant to section 6401(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 1395cc note).''. (4) No federal funds for items and services furnished by terminated providers.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (A) in subsection (i)(2)-- (i) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (ii) in subparagraph (B), by striking ``or'' at the end; and (iii) by adding at the end the following new subparagraph: ``(D) beginning not later than July 1, 2018, under the plan by any provider of services or person whose participation in the State plan is terminated (as described in section 1902(kk)(8)) after the date that is 60 days after the date on which such termination is included in the database or other system under section 1902(ll); or''; and (B) in subsection (m), by inserting after paragraph (2) the following new paragraph: ``(3) No payment shall be made under this title to a State with respect to expenditures incurred by the State for payment for services provided by a managed care entity (as defined under section 1932(a)(1)) under the State plan under this title (or under a waiver of the plan) unless the State-- ``(A) beginning on July 1, 2018, has a contract with such entity that complies with the requirement specified in section 1932(d)(5); and ``(B) beginning on January 1, 2018, complies with the requirement specified in section 1932(d)(6)(A).''. (5) Development of uniform terminology for reasons for provider termination.--Not later than July 1, 2017, the Secretary of Health and Human Services shall, in consultation with the heads of State agencies administering State Medicaid plans (or waivers of such plans), issue regulations establishing uniform terminology to be used with respect to specifying reasons under subparagraph (A)(v) of paragraph (8) of section 1902(kk) of the Social Security Act (42 U.S.C. 1396a(kk)), as amended by paragraph (1), for the termination (as described in such paragraph) of the participation of certain providers in the Medicaid program under title XIX of such Act or the Children's Health Insurance Program under title XXI of such Act. (6) Conforming amendment.--Section 1902(a)(41) of the Social Security Act (42 U.S.C. 1396a(a)(41)) is amended by striking ``provide that whenever'' and inserting ``provide, in accordance with subsection (kk)(8) (as applicable), that whenever''. (b) Increasing Availability of Medicaid Provider Information.-- (1) FFS provider enrollment.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by inserting after paragraph (77) the following new paragraph: ``(78) provide that, not later than January 1, 2017, in the case of a State plan that provides medical assistance on a fee- for-service basis, the State shall require each provider furnishing items and services to individuals eligible to receive medical assistance under such plan to enroll with the State agency and provide to the State agency the provider's identifying information, including the name, specialty, date of birth, social security number, national provider identifier, Federal taxpayer identification number, and the State license or certification number of the provider;''. (2) Managed care provider enrollment.--Section 1932(d) of the Social Security Act (42 U.S.C. 1396u-2(d)), as amended by subsection (a)(2), is amended by adding at the end the following new paragraph: ``(6) Enrollment of participating providers.-- ``(A) In general.--Beginning not later than January 1, 2018, a State shall require that, in order to participate as a provider in the network of a managed care entity that provides services to, or orders, prescribes, refers, or certifies eligibility for services for, individuals who are eligible for medical assistance under the State plan under this title and who are enrolled with the entity, the provider is enrolled with the State agency administering the State plan under this title. Such enrollment shall include providing to the State agency the provider's identifying information, including the name, specialty, date of birth, social security number, national provider identifier, Federal taxpayer identification number, and the State license or certification number of the provider. ``(B) Rule of construction.--Nothing in subparagraph (A) shall be construed as requiring a provider described in such subparagraph to provide services to individuals who are not enrolled with a managed care entity under this title.''. (c) Coordination With CHIP.-- (1) In general.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended-- (A) by redesignating subparagraphs (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (L), (M), (N), and (O) as subparagraphs (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (O), (P), (Q), and (R), respectively; (B) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Section 1902(a)(39) (relating to termination of participation of certain providers). ``(C) Section 1902(a)(78) (relating to enrollment of providers participating in State plans providing medical assistance on a fee-for-service basis).''; (C) by inserting after subparagraph (K) (as redesignated by subparagraph (A)) the following new subparagraph: ``(L) Section 1903(m)(3) (relating to limitation on payment with respect to managed care).''; and (D) in subparagraph (P) (as redesignated by subparagraph (A)), by striking ``(a)(2)(C) and (h)'' and inserting ``(a)(2)(C) (relating to Indian enrollment), (d)(5) (relating to contract requirement for managed care entities), (d)(6) (relating to enrollment of providers participating with a managed care entity), and (h) (relating to special rules with respect to Indian enrollees, Indian health care providers, and Indian managed care entities)''. (2) Excluding from medicaid providers excluded from chip.-- Section 1902(a)(39) of the Social Security Act (42 U.S.C. 1396a(a)(39)) is amended by striking ``title XVIII or any other State plan under this title'' and inserting ``title XVIII, any other State plan under this title, or any State child health plan under title XXI''. (d) Rule of Construction.--Nothing in this section shall be construed as changing or limiting the appeal rights of providers or the process for appeals of States under the Social Security Act. (e) OIG Report.--Not later than March 31, 2020, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the implementation of the amendments made by this section. Such report shall include the following: (1) An assessment of the extent to which providers who are included under subsection (ll) of section 1902 of the Social Security Act (42 U.S.C. 1396a) (as added by subsection (a)(3)) in the database or similar system referred to in such subsection are terminated (as described in subsection (kk)(8) of such section, as added by subsection (a)(1)) from participation in all State plans under title XIX of such Act. (2) Information on the amount of Federal financial participation paid to States under section 1903 of such Act in violation of the limitation on such payment specified in subsections (i)(2)(D) and (m)(3) of such section, as added by subsection (a)(4). (3) An assessment of the extent to which contracts with managed care entities under title XIX of such Act comply with the requirement specified in section 1932(d)(5) of such Act, as added by subsection (a)(2). (4) An assessment of the extent to which providers have been enrolled under section 1902(a)(78) or 1932(d)(6)(A) of such Act (42 U.S.C. 1396a(a)(78), 1396u-2(d)(6)(A)) with State agencies administering State plans under title XIX of such Act.

Ensuring Removal of Terminated Providers from Medicaid and CHIP Act This bill amends titles XIX (Medicaid) and XXI of the Social Security Act to prohibit federal payment under Medicaid for nonemergency services furnished by providers whose participation in Medicaid, Medicare, or CHIP has been terminated. Under current law, a state must exclude from Medicaid participation any provider that has been terminated under any state's Medicaid program or under Medicare. The bill maintains those requirements and further requires a state to exclude from Medicaid participation any provider that has been terminated under CHIP. Furthermore, a state must exclude from CHIP participation any provider that has been terminated under Medicaid or Medicare. The bill also revises a state's reporting requirements with respect to terminating a provider under a state plan. A state shall require each Medicaid or CHIP provider, whether the provider participates on a fee-for-service (FFS) basis or within the network of a managed care organization (MCO), to enroll with the state by providing specified identifying information. When notifying the Department of Health and Human Services (HHS) that a provider has been terminated under a state plan, the state must submit this information as well as information regarding the termination date and reason. HHS shall review such termination notifications and, if appropriate, include them in a database or similar system, as specified by the bill. The bill prohibits federal payment under a state's Medicaid or CHIP program for services provided by an MCO unless: (1) thenbsp. State has a system for notifying MCOs when a provider is terminated under Medicaid, Medicare, or CHIP. And (2) any contract between the state plan and an MCO provides that such providers be excluded from participation in the MCO provider network.

Ensuring Removal of Terminated Providers from Medicaidand CHIP Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Ensuring Removal of Terminated Providers from Medicaid and CHIP Act". <SECTION-HEADER> INCREASING OVERSIGHT OF TERMINATION OF MEDICAID PROVIDERS. Increased Oversight and Reporting. State reporting requirements. Section 1902(kk) of the Social Security Act (42 USC. 1396a(kk)) is amended by redesignating paragraph (8) as paragraph. And by inserting after paragraph (7) the following new paragraph: Provider terminations. In general. Beginning on July 1, 2018, in the case of a notification under subsection (a)(41) with respect to a termination for a reason specified in section 455.101 of title 42, Code of Federal Regulations , or for any other reason specified by the Secretary, of the participation of a provider of services or any other person under the State plan, the State, not later than 21 business days after the effective date of such termination, submits to the Secretary with respect to any such provider or person, as appropriate the name of such provider or person, the provider type of such provider or person, the specialty of such provider's or person's practice. The date of birth, social security number, national provider identifier, Federal taxpayer identification number, and the State license or certification number of such provider or person, the reason for the termination. A copy of the notice of termination sent to the provider or person. The date on which such termination is effective, as specified in the notice. And any other information required by the Secretary. Effective date defined. For purposes of this paragraph, the term `effective date' means, with respect to a termination described in subparagraph (A), the later of the date on which such termination is effective, as specified in the notice of such termination. Or the date on which all appeal rights applicable to such termination have been exhausted or the timeline for any such appeal has expired.". Contract requirement for managed care entities. Section 1932(d) of the Social Security Act (42 USC. 1396u- 2(d)) is amended by adding at the end the following new paragraph: Contract requirement for managed care entities. With respect to any contract with a managed care entity under section 1903(m) or 1905(t)(3) , no later than July 1, 2018, such contract shall include a provision that providers of services or persons terminated (as described in section 1902(kk)(8)) from participation under this title, title XVIII, or title XXI be terminated from participating under this title as a provider in any network of such entity that serves individuals eligible to receive medical assistance under this title.". Termination notification database. Section 1902 of the Social Security Act is amended by adding at the end the following new subsection: Termination Notification Database. In the case of a provider of services or any other person whose participation under this title, title XVIII, or title XXI is terminated (as described in subsection (kk)(8)), the Secretary shall, not later than 21 business days after the date on which the Secretary terminates such participation under title XVIII or is notified of such termination under subsection (a)(41) , review such termination and, if the Secretary determines appropriate, include such termination in any database or similar system developed pursuant to section 6401(b)(2) of the Patient Protection and Affordable Care Act .". No federal funds for items and services furnished by terminated providers. Section 1903 of the Social Security Act is amended in subsection (i)(2) in subparagraph (A), by striking the comma at the end and inserting a semicolon, in subparagraph (B), by striking "or" at the end. And by adding at the end the following new subparagraph: beginning not later than July 1, 2018, under the plan by any provider of services or person whose participation in the State plan is terminated (as described in section 1902(kk)(8)) after the date that is 60 days after the date on which such termination is included in the database or other system under section 1902(ll), or". And in subsection (m), by inserting after paragraph the following new paragraph: No payment shall be made under this title to a State with respect to expenditures incurred by the State for payment for services provided by a managed care entity (as defined under section 1932(a)(1)) under the State plan under this title unless the State beginning on July 1, 2018, has a contract with such entity that complies with the requirement specified in section 1932(d)(5). And beginning on January 1, 2018, complies with the requirement specified in section 1932(d)(6)(A).". Development of uniform terminology for reasons for provider termination. Not later than July 1, 2017, the Secretary of Health and Human Services shall, in consultation with the heads of State agencies administering State Medicaid plans , issue regulations establishing uniform terminology to be used with respect to specifying reasons under subparagraph (A)(v) of paragraph (8) of section 1902(kk) of the Social Security Act (42 USC. 1396a(kk)), as amended by paragraph (1), for the termination of the participation of certain providers in the Medicaid program under title XIX of such Act or the Children's Health Insurance Program under title XXI of such Act. Conforming amendment. Section 1902(a)(41) of the Social Security Act (42 USC. 1396a(a)(41)) is amended by striking "provide that whenever" and inserting "provide, in accordance with subsection (kk)(8) , that whenever". Increasing Availability of Medicaid Provider Information. FFS provider enrollment. Section 1902(a) of the Social Security Act (42 USC. 1396a(a)) is amended by inserting after paragraph (77) the following new paragraph: provide that, not later than January 1, 2017, in the case of a State plan that provides medical assistance on a fee- for-service basis, the State shall require each provider furnishing items and services to individuals eligible to receive medical assistance under such plan to enroll with the State agency and provide to the State agency the provider's identifying information, including the name, specialty, date of birth, social security number, national provider identifier, Federal taxpayer identification number, and the State license or certification number of the provider. ". Managed care provider enrollment. Section 1932(d) of the Social Security Act (42 USC. 1396u-2(d)), as amended by subsection (a)(2), is amended by adding at the end the following new paragraph: Enrollment of participating providers. In general. Beginning not later than January 1, 2018, a State shall require that, in order to participate as a provider in the network of a managed care entity that provides services to, or orders, prescribes, refers, or certifies eligibility for services for, individuals who are eligible for medical assistance under the State plan under this title and who are enrolled with the entity, the provider is enrolled with the State agency administering the State plan under this title. Such enrollment shall include providing to the State agency the provider's identifying information, including the name, specialty, date of birth, social security number, national provider identifier, Federal taxpayer identification number, and the State license or certification number of the provider. Rule of construction. Nothing in subparagraph (A) shall be construed as requiring a provider described in such subparagraph to provide services to individuals who are not enrolled with a managed care entity under this title.". Coordination With CHIP. In general. Section 2107(e)(1) of the Social Security Act (42 USC. 1397gg(e)(1)) is amended by redesignating subparagraphs (B), (C), (D). (F), (G), (H), (I), (J), (K), (L), (M), (N), and as subparagraphs (D), (E), (F), (G), (H), (I), (J). (M), (N), (O), (P), (Q), and (R), respectively. By inserting after subparagraph (A) the following new subparagraphs: Section 1902(a)(39) . Section 1902(a)(78) .". By inserting after subparagraph (K) (as redesignated by subparagraph (A)) the following new subparagraph: Section 1903(m)(3) .". And in subparagraph (P) (as redesignated by subparagraph (A)), by striking "(a)(2)(C) and (h)" and inserting "(a)(2)(C) , (d)(5) , (d)(6) , and (h) ". Excluding from medicaid providers excluded from chip. Section 1902(a)(39) of the Social Security Act (42 USC. 1396a(a)(39)) is amended by striking "title XVIII or any other State plan under this title" and inserting "title XVIII, any other State plan under this title, or any State child health plan under title XXI". Rule of Construction. Nothing in this section shall be construed as changing or limiting the appeal rights of providers or the process for appeals of States under the Social Security Act. OIG Report. Not later than March 31, 2020, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the implementation of the amendments made by this section. Such report shall include the following: An assessment of the extent to which providers who are included under subsection (ll) of section 1902 of the Social Security Act (as added by subsection (a)(3)) in the database or similar system referred to in such subsection are terminated (as described in subsection (kk)(8) of such section, as added by subsection (a)(1)) from participation in all State plans under title XIX of such Act. Information on the amount of Federal financial participation paid to States under section 1903 of such Act in violation of the limitation on such payment specified in subsections (i)(2)(D) and (m)(3) of such section, as added by subsection (a)(4). An assessment of the extent to which contracts with managed care entities under title XIX of such Act comply with the requirement specified in section 1932(d)(5) of such Act, as added by subsection (a)(2). An assessment of the extent to which providers have been enrolled under section 1902(a)(78) or 1932(d)(6)(A) of such Act (42 USC. 1396a(a)(78), 1396u-2(d)(6)(A)) with State agencies administering State plans under title XIX of such Act.

Ensuring Removal of Terminated Providers from Medicaid and CHIP Act This bill amends titles XIX (Medicaid) and XXI of the Social Security Act to prohibit federal payment under Medicaid for nonemergency services furnished by providers whose participation in Medicaid, Medicare, or CHIP has been terminated. Under current law, a state must exclude from Medicaid participation any provider that has been terminated under any state's Medicaid program or under Medicare. The bill maintains those requirements and further requires a state to exclude from Medicaid participation any provider that has been terminated under CHIP. Furthermore, a state must exclude from CHIP participation any provider that has been terminated under Medicaid or Medicare. The bill also revises a state's reporting requirements with respect to terminating a provider under a state plan. A state shall require each Medicaid or CHIP provider, whether the provider participates on a fee-for-service (FFS) basis or within the network of a managed care organization (MCO), to enroll with the state by providing specified identifying information. When notifying the Department of Health and Human Services (HHS) that a provider has been terminated under a state plan, the state must submit this information as well as information regarding the termination date and reason. HHS shall review such termination notifications and, if appropriate, include them in a database or similar system, as specified by the bill. The bill prohibits federal payment under a state's Medicaid or CHIP program for services provided by an MCO unless: (1) thenbsp. State has a system for notifying MCOs when a provider is terminated under Medicaid, Medicare, or CHIP. And (2) any contract between the state plan and an MCO provides that such providers be excluded from participation in the MCO provider network.

Ensuring Removal of Terminated Providers from Medicaidand CHIP Act

110_hr3698

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Service Fellowship Program Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) In confronting terrorism the United States must reach out to other regions of the world to maintain, as well as establish, strong relationships as recommended by the Final Report of the National Commission on Terrorist Attacks Upon the United States (commonly referred to as the ``9/11 Commission Report''), which stated that ``The United States should rebuild the scholarship, exchange, and library programs that reach out to young people and offer them knowledge and hope. Where such assistance is provided, it should be identified as coming from the citizens of the United States.''. (2) International volunteering opportunities are effective means of addressing critical human needs, building bridges across cultures, and promoting mutual understanding. (3) Current volunteer programs, such as the Peace Corps, remain an important component of Federal efforts to promote volunteer service, cross-cultural understanding, and the values of the United States. (4) The duration of volunteer service opportunities and financial limitations are common barriers to qualified individuals of all backgrounds and ages interested in volunteering overseas, which would be significantly reduced by a global service fellowship program. (5) A global service fellowship program would provide funding and programmatic flexibility for volunteers of all backgrounds and ages. (6) Eligible organizations willing to participate in the fellowship program as sponsoring organizations would be in a better position to recruit volunteers for their programs overseas. SEC. 3. GLOBAL SERVICE FELLOWSHIP PROGRAM. (a) Establishment and Purpose.--The Secretary of State, in consultation with representatives of the Volunteers for Prosperity program administered by the United States Agency for International Development, shall establish and administer a grant program to be known as the ``Global Service Fellowship Program'' (in this section referred to as the ``Program'') to fund fellowships to promote international volunteering opportunities as a means of addressing critical human needs and promoting mutual understanding by building bridges across cultures, addressing critical human needs, and promoting mutual understanding. (b) Fellowships.--Grants awarded under the Program shall be used to fund fellowships as follows: (1) Fellowships between 7 days and 14 days in duration may be funded at levels of up to $1,000. (2) Fellowships between 15 days and 90 days in duration may be funded at levels of up to $2,500. (3) Fellowships between 91 days and 180 days may be funded at levels of up to $5,000. (4) Fellowships between 181 days and one year may be funded at levels of up to $7,500. (c) Coordination With Sponsoring Organizations.-- (1) In general.--Fellowships funded under the Program shall be coordinated and supervised by participating volunteer sponsoring organizations. The sponsoring organizations shall be registered with the Secretary of State and shall collaborate with host country organizations in developing programs that appropriately address local needs for the transfer of volunteer skills, capacity building, and cross-cultural service organizations. (2) Prioritization of projects.--Sponsoring organizations shall recommend and prioritize fellowship projects based on one or more of the following objectives: (A) Eradication of extreme poverty in conjunction with the goals of the United Nations Millennium Development Goals. (B) Achievement of universal primary education. (C) Promotion of gender equality and the empowerment of women and families. (D) Reducing child mortality and improving maternal health. (E) Providing medical and dental health care and prevention. (F) Providing assistance for the elderly, orphans, people with disabilities, and refugees. (G) Promoting environmental sustainability. (H) Providing economic and social opportunities for youth in countries with growing cohorts of young people. (I) Promoting youth service by building related volunteer-sector capacity in host countries. (J) Combating HIV/AIDS, malaria, and other infectious diseases. (K) Helping to build or provide decent housing. (L) Providing disaster and humanitarian response, preparedness, and reconstruction. (M) Promoting cross-cultural exchange, conflict resolution, and peace. (N) Developing global partnerships for development in the areas of economic growth, microenterprise, asset development, and agricultural and rural development. (O) Advancing access to information technology and strengthening civil society. (P) Providing services to orphans and vulnerable children. (Q) Carrying out additional activities in impact areas designated by the Secretary of State in accordance with the purposes of this Act. (d) Application Process.-- (1) Submission of applications.--Applicants shall submit applications for fellowships under the Program to sponsoring organizations. (2) Review of applications.--The Secretary of State, or an agent appointed by the Secretary, shall determine the eligibility of candidates and, in consultation with sponsoring organizations, award and administer fellowships under the Program. (3) Criteria.--The Secretary of State shall develop and publish criteria for fellowships in accordance with the following guidelines: (A) Sponsoring organizations.--Applicants for Global Service Fellowships shall be registered with sponsoring organizations such as-- (i) nongovernmental organizations based in the United States that sponsor international volunteer service; (ii) faith-based organizations engaged in the delivery of nonsectarian services; (iii) universities and colleges operating international service learning and volunteer service programs; and (iv) nongovernmental organizations based in the United States that collaborate with local or national host government agencies or nongovernmental organizations in promoting volunteer capacity and national and community service in impact areas designated by the Secretary of State under subsection (c)(2)(Q). (B) Applicants.--Applicants shall be nominated and selected for Global Service Fellowships as follows: (i) Applicants shall have clearly defined and structured goals for their proposed fellowships, including a plan for assessing and monitoring progress toward such goals with sponsoring organizations and a basis for follow-up and review by the Secretary of State. (ii) Priority should be given to-- (I) applicants from households with an income that is less than 200 percent of the poverty level established pursuant to current census figures; (II) applicants who have demonstrated prior community service experience; (III) applicants with skills and experience suited to the specific needs of host countries; and (IV) applicants who demonstrate a clear plan to communicate their volunteer experiences to their community upon their return. (e) Reporting Requirement.--Individuals receiving Global Service Fellowships shall submit such reports, including post-fellowship reports prepared for their home communities, as the Secretary of State may require. (f) Eligible Costs.-- (1) In general.--Funds awarded under this section may be used to cover the following costs associated with the Program: (A) Airfare, in-country travel, accommodations. (B) Fees assessed by sponsoring organizations to defray international service program costs and administrative costs. (C) Subsistence allowance in accordance with local market conditions. (D) Program and local service project materials and tools to be expressly used for implementing and executing individual fellowship projects. (E) Language and cultural training and other costs associated with pre-service project orientation. (2) Tuition not covered.--Funds awarded under this section may not be used for tuition costs. (g) Nondiscrimination Requirements.-- (1) Nomination and selection of applicants.--The nomination and selection of applicants under subsection (d) shall be without regard to race, religion, color, national origin, sex, age, political affiliation, or disability. (2) Sponsoring organizations.-- (A) In general.--A sponsoring organization shall not discriminate against a Global Service Fellowship Program participant or applicant, a beneficiary of any project in which a Global Service Fellow participates, or, except as provided in subparagraph (B), an employee of the organization who is paid with Program funds on the basis of race, religion, color, national origin, sex, age, political affiliation, or disability. (B) Limited exception for employees of sponsoring organizations employed at time of awarding of funds.-- The prohibition under subparagraph (A) on discrimination on the basis of religion shall not apply to the employment, with assistance provided under this Program, of any employee who was employed with the sponsoring organization on the date that the funds were awarded. SEC. 4. EVALUATION AND REPORT. (a) Evaluation of Global Service Fellowship Program.--The Secretary of State shall establish and implement an evaluation process for determining the effectiveness of the Global Service Fellowship Program. (b) Report.--Not later than March 31, 2010, the Secretary of State shall submit to Congress a report on the Global Service Fellowships Program established under section 3. The report shall describe-- (1) the identity and location of sponsoring organizations; (2) for each impact issue areas identified by sponsoring organizations, the number of volunteer opportunities and the number of related Global Service Fellowships that have been funded; (3) the number of local volunteers recruited or engaged with Global Service Fellows and their sponsoring organizations or local host organizations; (4) the locations of volunteer services; (5) the effectiveness of such services based upon findings of the evaluation process; and (6) the total numbers of nominations for Global Service Fellowships that have been received and accepted by the Secretary of State. SEC. 5. FELLOWSHIPS EXCLUDED FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section: ``SEC. 139B. GLOBAL SERVICES FELLOWSHIPS. ``Gross income does not include amounts received under the Global Services Fellowship Program (within the meaning of section 3 of the Global Service Fellowship Program Act of 2007).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 139A the following new item: ``139B. Global Services Fellowships.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 6. REGULATIONS. The Secretary of State shall prescribe regulations to carry out the provisions of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Funding.--There is authorized to be appropriated to the Secretary of State $50,000,000 for each of fiscal years 2008 through 2010 for purposes of establishing and implementing the Global Service Fellowship Program. (b) Offset.--In order to provide an offset for amounts appropriated pursuant to subsection (a), the Internal Revenue Service shall deposit in the Treasury as miscellaneous receipts all of the fees it receives for services.

Global Service Fellowship Program Act of 2007 - Directs the Secretary of State to establish and administer a Global Service Fellowship Program to fund fellowships to promote international volunteering opportunities as a means of building bridges across cultures, addressing critical human needs, and promoting mutual understanding. Sets forth Program provisions. Authorizes appropriations.

To establish a Global Service Fellowship Program, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Global Service Fellowship Program Act of 2007". <SECTION-HEADER> FINDINGS. Congress finds the following: In confronting terrorism the United States must reach out to other regions of the world to maintain, as well as establish, strong relationships as recommended by the Final Report of the National Commission on Terrorist Attacks Upon the United States , which stated that "The United States should rebuild the scholarship, exchange, and library programs that reach out to young people and offer them knowledge and hope. Where such assistance is provided, it should be identified as coming from the citizens of the United States.". International volunteering opportunities are effective means of addressing critical human needs, building bridges across cultures, and promoting mutual understanding. Current volunteer programs, such as the Peace Corps, remain an important component of Federal efforts to promote volunteer service, cross-cultural understanding, and the values of the United States. The duration of volunteer service opportunities and financial limitations are common barriers to qualified individuals of all backgrounds and ages interested in volunteering overseas, which would be significantly reduced by a global service fellowship program. A global service fellowship program would provide funding and programmatic flexibility for volunteers of all backgrounds and ages. Eligible organizations willing to participate in the fellowship program as sponsoring organizations would be in a better position to recruit volunteers for their programs overseas. <SECTION-HEADER> GLOBAL SERVICE FELLOWSHIP PROGRAM. Establishment and Purpose. The Secretary of State, in consultation with representatives of the Volunteers for Prosperity program administered by the United States Agency for International Development, shall establish and administer a grant program to be known as the "Global Service Fellowship Program" to fund fellowships to promote international volunteering opportunities as a means of addressing critical human needs and promoting mutual understanding by building bridges across cultures, addressing critical human needs, and promoting mutual understanding. Fellowships. Grants awarded under the Program shall be used to fund fellowships as follows: Fellowships between 7 days and 14 days in duration may be funded at levels of up to $1,000. Fellowships between 15 days and 90 days in duration may be funded at levels of up to $2,500. Fellowships between 91 days and 180 days may be funded at levels of up to $5,000. Fellowships between 181 days and one year may be funded at levels of up to $7,500. Coordination With Sponsoring Organizations. In general. Fellowships funded under the Program shall be coordinated and supervised by participating volunteer sponsoring organizations. The sponsoring organizations shall be registered with the Secretary of State and shall collaborate with host country organizations in developing programs that appropriately address local needs for the transfer of volunteer skills, capacity building, and cross-cultural service organizations. Prioritization of projects. Sponsoring organizations shall recommend and prioritize fellowship projects based on one or more of the following objectives: Eradication of extreme poverty in conjunction with the goals of the United Nations Millennium Development Goals. Achievement of universal primary education. Promotion of gender equality and the empowerment of women and families. Reducing child mortality and improving maternal health. Providing medical and dental health care and prevention. Providing assistance for the elderly, orphans, people with disabilities, and refugees. Promoting environmental sustainability. Providing economic and social opportunities for youth in countries with growing cohorts of young people. Promoting youth service by building related volunteer-sector capacity in host countries. Combating HIVAIDS, malaria, and other infectious diseases. Helping to build or provide decent housing. Providing disaster and humanitarian response, preparedness, and reconstruction. Promoting cross-cultural exchange, conflict resolution, and peace. Developing global partnerships for development in the areas of economic growth, microenterprise, asset development, and agricultural and rural development. Advancing access to information technology and strengthening civil society. Providing services to orphans and vulnerable children. Carrying out additional activities in impact areas designated by the Secretary of State in accordance with the purposes of this Act. Application Process. Submission of applications. Applicants shall submit applications for fellowships under the Program to sponsoring organizations. Review of applications. The Secretary of State, or an agent appointed by the Secretary, shall determine the eligibility of candidates and, in consultation with sponsoring organizations, award and administer fellowships under the Program. Criteria. The Secretary of State shall develop and publish criteria for fellowships in accordance with the following guidelines: Sponsoring organizations. Applicants for Global Service Fellowships shall be registered with sponsoring organizations such as nongovernmental organizations based in the United States that sponsor international volunteer service, faith-based organizations engaged in the delivery of nonsectarian services. Universities and colleges operating international service learning and volunteer service programs. And nongovernmental organizations based in the United States that collaborate with local or national host government agencies or nongovernmental organizations in promoting volunteer capacity and national and community service in impact areas designated by the Secretary of State under subsection (c)(2)(Q). Applicants. Applicants shall be nominated and selected for Global Service Fellowships as follows: Applicants shall have clearly defined and structured goals for their proposed fellowships, including a plan for assessing and monitoring progress toward such goals with sponsoring organizations and a basis for follow-up and review by the Secretary of State. Priority should be given to applicants from households with an income that is less than 200 percent of the poverty level established pursuant to current census figures, applicants who have demonstrated prior community service experience. Applicants with skills and experience suited to the specific needs of host countries. And applicants who demonstrate a clear plan to communicate their volunteer experiences to their community upon their return. Reporting Requirement. Individuals receiving Global Service Fellowships shall submit such reports, including post-fellowship reports prepared for their home communities, as the Secretary of State may require. Eligible Costs. In general. Funds awarded under this section may be used to cover the following costs associated with the Program: Airfare, in-country travel, accommodations. Fees assessed by sponsoring organizations to defray international service program costs and administrative costs. Subsistence allowance in accordance with local market conditions. Program and local service project materials and tools to be expressly used for implementing and executing individual fellowship projects. Language and cultural training and other costs associated with pre-service project orientation. Tuition not covered. Funds awarded under this section may not be used for tuition costs. Nondiscrimination Requirements. Nomination and selection of applicants. The nomination and selection of applicants under subsection (d) shall be without regard to race, religion, color, national origin, sex, age, political affiliation, or disability. Sponsoring organizations. In general. A sponsoring organization shall not discriminate against a Global Service Fellowship Program participant or applicant, a beneficiary of any project in which a Global Service Fellow participates, or, except as provided in subparagraph (B), an employee of the organization who is paid with Program funds on the basis of race, religion, color, national origin, sex, age, political affiliation, or disability. Limited exception for employees of sponsoring organizations employed at time of awarding of funds. The prohibition under subparagraph (A) on discrimination on the basis of religion shall not apply to the employment, with assistance provided under this Program, of any employee who was employed with the sponsoring organization on the date that the funds were awarded. <SECTION-HEADER> EVALUATION AND REPORT. Evaluation of Global Service Fellowship Program. The Secretary of State shall establish and implement an evaluation process for determining the effectiveness of the Global Service Fellowship Program. Report. Not later than March 31, 2010, the Secretary of State shall submit to Congress a report on the Global Service Fellowships Program established under section 3. The report shall describe the identity and location of sponsoring organizations. For each impact issue areas identified by sponsoring organizations, the number of volunteer opportunities and the number of related Global Service Fellowships that have been funded. The number of local volunteers recruited or engaged with Global Service Fellows and their sponsoring organizations or local host organizations, the locations of volunteer services. The effectiveness of such services based upon findings of the evaluation process. And the total numbers of nominations for Global Service Fellowships that have been received and accepted by the Secretary of State. <SECTION-HEADER> FELLOWSHIPS EXCLUDED FROM GROSS INCOME. In General. Part III of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section: "Section 139B. GLOBAL SERVICES FELLOWSHIPS. "Gross income does not include amounts received under the Global Services Fellowship Program .". Clerical Amendment. The table of sections for part III of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 139A the following new item: "139B. Global Services Fellowships.". Effective Date. The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. <SECTION-HEADER> REGULATIONS. The Secretary of State shall prescribe regulations to carry out the provisions of this Act. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. Funding. There is authorized to be appropriated to the Secretary of State $50,000,000 for each of fiscal years 2008 through 2010 for purposes of establishing and implementing the Global Service Fellowship Program. Offset. In order to provide an offset for amounts appropriated pursuant to subsection (a), the Internal Revenue Service shall deposit in the Treasury as miscellaneous receipts all of the fees it receives for services.

Global Service Fellowship Program Act of 2007 - Directs the Secretary of State to establish and administer a Global Service Fellowship Program to fund fellowships to promote international volunteering opportunities as a means of building bridges across cultures, addressing critical human needs, and promoting mutual understanding. Sets forth Program provisions. Authorizes appropriations.

To establish a Global Service Fellowship Program, and for other purposes.

110_s2911

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Immunization Improvement Act of 2008''. SEC. 2. DEMONSTRATION PROJECT FOR VACCINATION CO-LOCATION SERVICES AT WIC CLINICS. Section 317(k) of the Public Health Service Act (42 U.S.C. 247b(k)) is amended by adding at the end the following: ``(5) Immunizations.-- ``(A) In general.--An immunization grantee under this section may use amounts made available under this section to provide, through participating WIC clinics-- ``(i) recommended vaccines to children aged 0 to 35 months who satisfy the eligibility requirements; ``(ii) for the coordination of care or immunization services; or ``(iii) payment for the salary of an immunization coordinator. ``(B) Immunization information systems.--Any grantee that receives funding under this section for an immunization information system shall permit all clinics that participate in the projects under this section and in the Special Supplemental Food and Nutrition Program under section 17 of the Child Nutrition Act of 1966 to have access to the system. ``(C) Appropriate immunization services.--In carrying out activities under this section related to screening for appropriate immunization services, the Director of the Centers for Disease Control and Prevention and State administrators of the program referred to in subparagraph (A) shall consult with the Food and Nutrition Service of the Department of Agriculture. ``(D) Requirement.--Activities under this paragraph shall target areas with the greatest immunization needs in the 0 to 35 month age group. ``(E) Definitions.--In this paragraph: ``(i) Immunization information system.--The term `immunization information system' means a confidential, computerized information system that collects and consolidates vaccination data from multiple health-care providers, generates reminder and recall notifications, and assess vaccination coverage. Such systems may have added capabilities, such as vaccine management, adverse event reporting, lifespan vaccination histories, and interoperability with electronic medical records. ``(ii) Immunization coordinator.--The term `immunization coordinator' means an individual who coordinates immunization activities, including the screening of immunization records, reminders of necessary immunizations and referrals of patients, if necessary, to an immunization provider. ``(F) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph, $5,500,000 for each of the 3-fiscal years beginning with the first fiscal year after the date of enactment of the Infant Immunization Improvement Act of 2008.''. SEC. 3. ANNUAL PUBLIC IMMUNIZATION AWARENESS CAMPAIGN. Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following: ``(l) Annual Public Immunization Awareness Campaign.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall annually conduct a public, age appropriate, immunization awareness campaign, and carry out immunization education and outreach activities, to-- ``(A) increase the awareness of parents of the benefits of age appropriate immunizations; ``(B) inform the general public concerning the efficacy of new vaccines and new vaccine schedules; and ``(C) disseminate information that emphasizes the benefits of recommended vaccines for the public good. ``(2) Timing.--Activities carried out under paragraph (1) shall be timed to coincide, to the extent practicable, with national health observances. ``(3) Requirement.--Activities under this subsection shall target areas with the greatest immunization needs in the 0 to 35 month age group. ``(4) Funding.--In addition to amounts appropriated under this section for immunization purposes, there is authorized to be appropriated, $5,000,000 for each of the 3-fiscal years beginning with the first fiscal year after the date of enactment of the Infant Immunization Improvement Act of 2008.''. SEC. 4. SENSE OF THE SENATE CONCERNING ELECTRONIC MEDICAL RECORDS. It is the sense of the Senate that the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention should work to improve the integration of immunization information systems (as defined in section 317(k)(5) of the Public Health Service Act) with electronic medical records, other health information systems, and health information exchanges.

Infant Immunization Improvement Act of 2008 - Amends the Public Health Service Act to authorize an immunization grantee to use funds from a preventive health services grant to provide, through participating Women, Infants and Children Program clinics: (1) recommended vaccines to eligible children aged 0 to 35 months, (2) for the coordination of care or immunization services. Or (3) payment for the salary of an immunization coordinator. Requires: (1) the Director of the Centers for Disease Control and Prevention (CDC) and state administrators of such immunization program to consult with the Food and Nutrition Service in carrying out activities related to screening for appropriate immunization services. And (2) any recipient of such a grant that receives funding for an immunization information system to permit all clinics that participate in preventive health services projects and in the Special Supplemental Food and Nutrition Program to have access to the system. Requires the Secretary of Health and Human Services, acting through the Director, to annually conduct an immunization awareness campaign and carry out immunization education and outreach activities to: (1) increase the awareness of parents of the benefits of age appropriate immunizations. (2) inform the general public concerning the efficacy of new vaccines and new vaccine schedules. And (3) disseminate information that emphasizes the benefits of recommended vaccines for the public good. Requires activities under this Act to target areas with the greatest immunization needs in the 0 to 35 month age group. Calls for the Secretary and the Director to work to improve the integration of immunization information systems with electronic medical records, other health information systems, and health information exchanges.

A bill to improve vaccination rates among children.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Infant Immunization Improvement Act of 2008". <SECTION-HEADER> DEMONSTRATION PROJECT FOR VACCINATION CO-LOCATION SERVICES AT WIC CLINICS. Section 317(k) of the Public Health Service Act (42 USC. 247b(k)) is amended by adding at the end the following: Immunizations. In general. An immunization grantee under this section may use amounts made available under this section to provide, through participating WIC clinics recommended vaccines to children aged 0 to 35 months who satisfy the eligibility requirements, for the coordination of care or immunization services. Or payment for the salary of an immunization coordinator. Immunization information systems. Any grantee that receives funding under this section for an immunization information system shall permit all clinics that participate in the projects under this section and in the Special Supplemental Food and Nutrition Program under section 17 of the Child Nutrition Act of 1966 to have access to the system. Appropriate immunization services. In carrying out activities under this section related to screening for appropriate immunization services, the Director of the Centers for Disease Control and Prevention and State administrators of the program referred to in subparagraph (A) shall consult with the Food and Nutrition Service of the Department of Agriculture. Requirement. Activities under this paragraph shall target areas with the greatest immunization needs in the 0 to 35 month age group. Definitions. In this paragraph: Immunization information system. The term `immunization information system' means a confidential, computerized information system that collects and consolidates vaccination data from multiple health-care providers, generates reminder and recall notifications, and assess vaccination coverage. Such systems may have added capabilities, such as vaccine management, adverse event reporting, lifespan vaccination histories, and interoperability with electronic medical records. Immunization coordinator. The term `immunization coordinator' means an individual who coordinates immunization activities, including the screening of immunization records, reminders of necessary immunizations and referrals of patients, if necessary, to an immunization provider. Authorization of appropriations. There is authorized to be appropriated to carry out this paragraph, $5,500,000 for each of the 3-fiscal years beginning with the first fiscal year after the date of enactment of the Infant Immunization Improvement Act of 2008.". <SECTION-HEADER> ANNUAL PUBLIC IMMUNIZATION AWARENESS CAMPAIGN. Section 317 of the Public Health Service Act is amended by adding at the end the following: Annual Public Immunization Awareness Campaign. In general. The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall annually conduct a public, age appropriate, immunization awareness campaign, and carry out immunization education and outreach activities, to increase the awareness of parents of the benefits of age appropriate immunizations. Inform the general public concerning the efficacy of new vaccines and new vaccine schedules. And disseminate information that emphasizes the benefits of recommended vaccines for the public good. Timing. Activities carried out under paragraph (1) shall be timed to coincide, to the extent practicable, with national health observances. Requirement. Activities under this subsection shall target areas with the greatest immunization needs in the 0 to 35 month age group. Funding. In addition to amounts appropriated under this section for immunization purposes, there is authorized to be appropriated, $5,000,000 for each of the 3-fiscal years beginning with the first fiscal year after the date of enactment of the Infant Immunization Improvement Act of 2008.". <SECTION-HEADER> SENSE OF THE SENATE CONCERNING ELECTRONIC MEDICAL RECORDS. It is the sense of the Senate that the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention should work to improve the integration of immunization information systems (as defined in section 317(k) with electronic medical records, other health information systems, and health information exchanges.

Infant Immunization Improvement Act of 2008 - Amends the Public Health Service Act to authorize an immunization grantee to use funds from a preventive health services grant to provide, through participating Women, Infants and Children Program clinics: (1) recommended vaccines to eligible children aged 0 to 35 months, (2) for the coordination of care or immunization services. Or (3) payment for the salary of an immunization coordinator. Requires: (1) the Director of the Centers for Disease Control and Prevention (CDC) and state administrators of such immunization program to consult with the Food and Nutrition Service in carrying out activities related to screening for appropriate immunization services. And (2) any recipient of such a grant that receives funding for an immunization information system to permit all clinics that participate in preventive health services projects and in the Special Supplemental Food and Nutrition Program to have access to the system. Requires the Secretary of Health and Human Services, acting through the Director, to annually conduct an immunization awareness campaign and carry out immunization education and outreach activities to: (1) increase the awareness of parents of the benefits of age appropriate immunizations. (2) inform the general public concerning the efficacy of new vaccines and new vaccine schedules. And (3) disseminate information that emphasizes the benefits of recommended vaccines for the public good. Requires activities under this Act to target areas with the greatest immunization needs in the 0 to 35 month age group. Calls for the Secretary and the Director to work to improve the integration of immunization information systems with electronic medical records, other health information systems, and health information exchanges.

A bill to improve vaccination rates among children.

109_s1289

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uterine Fibroid Research and Education Act of 2005''. SEC. 2. FINDINGS. Congress finds as follows: (1) The development of uterine fibroids is a common and significant health problem, affecting women, primarily of reproductive age, across all ages, racial backgrounds, and socioeconomic levels. (2) It is estimated that between 20 and 30 percent of women of reproductive age have clinically recognized uterine fibroids, and screening studies indicate the prevalence of uterine fibroids in women may be much higher. (3) Minority women are more likely to develop uterine fibroids, and through ultrasound screening of African American and Caucasian women for fibroids, it is estimated that more than 80 percent of African Americans and about 70 percent of Caucasians develop fibroids by the time they reach menopause and the tumors develop at younger ages in African Americans. (4) Symptomatic uterine fibroids can cause heavy bleeding, pain, and reproductive problems, including infertility. There is no known cause of uterine fibroids. (5) The presence of uterine fibroids is the most common reason for hysterectomies, accounting for approximately one- third of hysterectomies, or 200,000 procedures annually and 22 percent of African American women and 7 percent of Caucasians have hysterectomies for fibroids. (6) Over five billion dollars are spent annually on hysterectomies, at approximately $6,000 for each surgery. (7) The Evidence Report and Summary on the Management of Uterine Fibroids, as compiled by the Agency for Healthcare Research and Quality of the Department of Health and Human Services, held that there is a ``remarkable lack of high quality evidence supporting the effectiveness of most interventions for symptomatic fibroids''. (8) Current research and available data do not provide adequate information on the rates of prevalence and incidents of fibroids in Asian, Hispanic, and other minority women, the costs associated with treating fibroids, and the methods by which fibroids may be prevented in these women. SEC. 3. RESEARCH WITH RESPECT TO UTERINE FIBROIDS. (a) Research.--The Director of the National Institutes of Health (in this section referred to as the ``Director of NIH'') shall expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. (b) Administration.--The Director of NIH shall carry out this section through the appropriate institutes, offices, and centers of the National Institutes of Health, including the National Institute of Child Health and Human Development, the National Institute of Environmental Health Sciences, the Office of Research on Women's Health, and the National Center on Minority Health and Health Disparities. (c) Coordination of Activities.--The Office of Research on Women's Health shall coordinate activities under subsection (b) among the institutes, offices, and centers of the National Institutes of Health. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for each of the fiscal years 2006 through 2010. SEC. 4. EDUCATION AND DISSEMINATION OF INFORMATION WITH RESPECT TO UTERINE FIBROIDS. (a) Uterine Fibroids Public Education Program.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding uterine fibroids, including information on-- (1) the incidence and prevalence of uterine fibroids among women; (2) the elevated risk for minority women to develop uterine fibroids; and (3) the availability, as medically appropriate, of a range of treatment options for symptomatic uterine fibroids. (b) Dissemination of Information.--The Secretary may disseminate information under subsection (a) directly or through arrangements with nonprofit organizations, consumer groups, institutions of higher education, Federal, State, or local agencies, or the media. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2010. SEC. 5. INFORMATION TO HEALTH CARE PROVIDERS WITH RESPECT TO UTERINE FIBROIDS. (a) Dissemination of Information.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall develop and disseminate to health care providers information on uterine fibroids for the purpose of ensuring that health care providers remain informed about current information on uterine fibroids. Such information shall include the elevated risk for minority women to develop uterine fibroids and the range of available options for the treatment of symptomatic uterine fibroids. (b) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2010. SEC. 6. DEFINITION. In this Act, the term ``minority women'' means women who are members of a racial and ethnic minority group, as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u-6(g)).

Uterine Fibroid Research and Education Act of 2005 - Requires the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of uterine fibroids research. Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information regarding uterine fibroids, including information on: (1) the incidence and prevalence of uterine fibroids among women, (2) the elevated risk for minority women. And (3) the availability of a range of treatment options. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to develop and disseminate uterine fibroids information to health care providers.

A bill to provide for research and education with respect to uterine fibroids, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Uterine Fibroid Research and Education Act of 2005". <SECTION-HEADER> FINDINGS. Congress finds as follows: The development of uterine fibroids is a common and significant health problem, affecting women, primarily of reproductive age, across all ages, racial backgrounds, and socioeconomic levels. It is estimated that between 20 and 30 percent of women of reproductive age have clinically recognized uterine fibroids, and screening studies indicate the prevalence of uterine fibroids in women may be much higher. Minority women are more likely to develop uterine fibroids, and through ultrasound screening of African American and Caucasian women for fibroids, it is estimated that more than 80 percent of African Americans and about 70 percent of Caucasians develop fibroids by the time they reach menopause and the tumors develop at younger ages in African Americans. Symptomatic uterine fibroids can cause heavy bleeding, pain, and reproductive problems, including infertility. There is no known cause of uterine fibroids. The presence of uterine fibroids is the most common reason for hysterectomies, accounting for approximately one- third of hysterectomies, or 200,000 procedures annually and 22 percent of African American women and 7 percent of Caucasians have hysterectomies for fibroids. Over five billion dollars are spent annually on hysterectomies, at approximately $6,000 for each surgery. The Evidence Report and Summary on the Management of Uterine Fibroids, as compiled by the Agency for Healthcare Research and Quality of the Department of Health and Human Services, held that there is a "remarkable lack of high quality evidence supporting the effectiveness of most interventions for symptomatic fibroids". Current research and available data do not provide adequate information on the rates of prevalence and incidents of fibroids in Asian, Hispanic, and other minority women, the costs associated with treating fibroids, and the methods by which fibroids may be prevented in these women. <SECTION-HEADER> RESEARCH WITH RESPECT TO UTERINE FIBROIDS. Research. The Director of the National Institutes of Health shall expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. Administration. The Director of NIH shall carry out this section through the appropriate institutes, offices, and centers of the National Institutes of Health, including the National Institute of Child Health and Human Development, the National Institute of Environmental Health Sciences, the Office of Research on Women's Health, and the National Center on Minority Health and Health Disparities. Coordination of Activities. The Office of Research on Women's Health shall coordinate activities under subsection (b) among the institutes, offices, and centers of the National Institutes of Health. Authorization of Appropriations. For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for each of the fiscal years 2006 through 2010. <SECTION-HEADER> EDUCATION AND DISSEMINATION OF INFORMATION WITH RESPECT TO UTERINE FIBROIDS. Uterine Fibroids Public Education Program. The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding uterine fibroids, including information on the incidence and prevalence of uterine fibroids among women, the elevated risk for minority women to develop uterine fibroids. And the availability, as medically appropriate, of a range of treatment options for symptomatic uterine fibroids. Dissemination of Information. The Secretary may disseminate information under subsection (a) directly or through arrangements with nonprofit organizations, consumer groups, institutions of higher education, Federal, State, or local agencies, or the media. Authorization of Appropriations. For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2010. <SECTION-HEADER> INFORMATION TO HEALTH CARE PROVIDERS WITH RESPECT TO UTERINE FIBROIDS. Dissemination of Information. The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall develop and disseminate to health care providers information on uterine fibroids for the purpose of ensuring that health care providers remain informed about current information on uterine fibroids. Such information shall include the elevated risk for minority women to develop uterine fibroids and the range of available options for the treatment of symptomatic uterine fibroids. Authorization of Appropriations. For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2010. <SECTION-HEADER> DEFINITION. In this Act, the term "minority women" means women who are members of a racial and ethnic minority group, as defined in section 1707(g) of the Public Health Service Act (42 USC. 300u-6(g)).

Uterine Fibroid Research and Education Act of 2005 - Requires the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of uterine fibroids research. Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information regarding uterine fibroids, including information on: (1) the incidence and prevalence of uterine fibroids among women, (2) the elevated risk for minority women. And (3) the availability of a range of treatment options. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to develop and disseminate uterine fibroids information to health care providers.

A bill to provide for research and education with respect to uterine fibroids, and for other purposes.

111_hr5645

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Lands Counterdrug Strategy and Enforcement Enhancement Act''. SEC. 2. FEDERAL LANDS COUNTERDRUG STRATEGY. (a) In General.--Not later than 120 days after the date of enactment of this Act, and every 2 years thereafter, the Director of National Drug Control Policy shall submit to the Congress a Federal Lands Counterdrug Strategy. (b) Purposes.--The Federal Lands Counterdrug Strategy shall-- (1) set forth the Government's strategy for preventing the illegal production, cultivation, manufacture, and trafficking of controlled substances on covered lands; (2) state the specific roles and responsibilities of the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, and the Bureau of Land Management, for implementing that strategy; and (3) identify the specific resources required to enable the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, and the Bureau of Land Management, to implement that strategy. (c) Specific Content Related to Marijuana Eradication.--The Federal Lands Counterdrug Strategy shall include-- (1) a strategy to reduce the cultivation and trafficking of marijuana on covered lands; and (2) an examination of how technology available when the Federal Lands Counterdrug Strategy is being prepared, including herbicides, can be used to reduce the cultivation and trafficking of marijuana on covered lands. (d) Specific Content Related to the Effect of Land-Management Laws on the Enforcement of Drug Laws.--The Federal Lands Counterdrug Strategy shall include an analysis of the effect of Federal laws related to the management of covered lands on the enforcement of the Controlled Substances Act (21 U.S.C. 801 et seq.) and on such other Federal laws related to the importation, manufacture, distribution, possession, or use of controlled substances as the Director considers appropriate. The analysis shall include an assessment of-- (1) whether such land-management laws hinder enforcement on covered lands of such laws related to controlled substances; (2) whether any hindrance of enforcement described in paragraph (1) results from restrictions under such land- management laws that-- (A) limit the use of tools or strategies, including motor vehicles, used by law enforcement personnel to enforce such laws related to controlled substances in areas that are not on covered lands; or (B) result in a lack of access to areas on covered lands that creates havens for the importation, manufacture, distribution, possession, or use of controlled substances; and (3) whether any additional authorities, including exceptions from or waiver authority with respect to such land- management laws, are needed to prevent the importation, manufacture, distribution, possession, or use of controlled substances on covered lands and to secure such lands from related criminal activity. (e) Consultation With Other Agencies.--The Director shall issue the Federal Lands Counterdrug Strategy in consultation with the heads of the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, the Bureau of Land Management, and any relevant State, local, and tribal law enforcement agencies. (f) Limitation.--The Federal Lands Counterdrug Strategy shall not change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws. (g) Report to Congress.--The Director shall provide a copy of the Federal Lands Counterdrug Strategy to the appropriate congressional committees (as defined in section 702(12) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(12))). (h) Treatment of Classified or Law Enforcement Sensitive Information.--Any content of the Federal Lands Counterdrug Strategy that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant National Drug Control Program agency, would be detrimental to the law enforcement or national security activities of any Federal, State, local, or tribal agency, shall be presented to Congress separately from the rest of the strategy. (i) Definitions.--In this section: (1) Controlled substance.--The term ``controlled substance'' has the meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). (2) Covered lands.--The term ``covered lands'' means units of the National Park System, National Forest System lands, and public lands (as such term is defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e))). (3) National drug control program agency.--The term ``National Drug Control Program agency'' has the meaning given such term in section 702(7) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(7)). SEC. 3. ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON FEDERAL LANDS. (a) Cultivating or Manufacturing Controlled Substances on Federal Property.--Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 841(b)(5)) is amended by striking ``imprisoned as provided in'' and all that follows through the end of the paragraph and inserting ``fined not more than $500,000 if the defendant is an individual or $1,000,000 in any other case, or imprisoned not more than 10 years, or both. Imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (b) Use of Hazardous Substances on Federal Land.--Section 401(b)(6) of such Act (21 U.S.C. 841(b)(6)) is amended-- (1) by striking ``five'' and inserting ``10''; and (2) by adding at the end the following: ``A sentence of imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (c) Unauthorized Stream Diversion or Unauthorized Vegetation Removal on Federal Land.--Section 401(b) of such Act (21 U.S.C. 841(b)) is amended by adding at the end the following: ``(8) Whoever violates subsection (a) by manufacturing or cultivating a controlled substance on Federal land, and to facilitate or in the course of such violation knowingly-- ``(A) without authorization, diverts an aquifer, spring, stream, river, or body of water; or ``(B) without authorization, removes vegetation on Federal land; shall be fined under title 18, United States Code, or imprisoned not more than 10 years, or both. Imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (d) Boobytraps on Federal Property.--Section 401(d) of such Act (21 U.S.C. 841(d)) is amended by adding at the end the following: ``(4) Imprisonment imposed under this subsection shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.''. (e) Use or Possession of Firearms in Connection With Drug Offenses on Federal Lands.--Section 924(c) of title 18, United States Code, is amended by adding at the end the following: ``(6) In imposing a sentence under this subsection, the court shall consider it as an aggravating factor warranting a longer sentence of imprisonment if the offense was a violation of the Controlled Substances Act or the Controlled Substances Import and Export Act and took place on Federal lands.''.

Federal Lands Counterdrug Strategy and Enforcement Enhancement Act - Requires the Director of National Drug Control Policy to develop and submit to Congress a Federal Lands Counterdrug Strategy. Sets forth specific Strategy requirements. Requires the separate presentation to Congress of any content of the Strategy that involves classified information or whose public disclosure would be detrimental to the law enforcement or national security activities of federal, state, or tribal agencies. Revises penalties for: (1) the cultivation or manufacture of controlled substances on federal property, (2) the use of hazardous substances on federal land. (3) placing a boobytrap on federal property where a controlled substance is being manufactured or distributed. And (4) the use or possession of a firearm in connection with a drug trafficking crime on federal land. Sets forth penalties for an unauthorized diversion of water or an unauthorized removal of vegetation on federal land in order to knowingly manufacture or cultivate a controlled substance.

To require the Director of National Drug Control Policy to develop a Federal Lands Counterdrug Strategy and to provide for enhanced penalties for certain drug offenses on Federal lands.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Federal Lands Counterdrug Strategy and Enforcement Enhancement Act". <SECTION-HEADER> FEDERAL LANDS COUNTERDRUG STRATEGY. In General. Not later than 120 days after the date of enactment of this Act, and every 2 years thereafter, the Director of National Drug Control Policy shall submit to the Congress a Federal Lands Counterdrug Strategy. Purposes. The Federal Lands Counterdrug Strategy shall set forth the Government's strategy for preventing the illegal production, cultivation, manufacture, and trafficking of controlled substances on covered lands. State the specific roles and responsibilities of the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, and the Bureau of Land Management, for implementing that strategy. And identify the specific resources required to enable the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, and the Bureau of Land Management, to implement that strategy. Specific Content Related to Marijuana Eradication. The Federal Lands Counterdrug Strategy shall include a strategy to reduce the cultivation and trafficking of marijuana on covered lands. And an examination of how technology available when the Federal Lands Counterdrug Strategy is being prepared, including herbicides, can be used to reduce the cultivation and trafficking of marijuana on covered lands. Specific Content Related to the Effect of Land-Management Laws on the Enforcement of Drug Laws. The Federal Lands Counterdrug Strategy shall include an analysis of the effect of Federal laws related to the management of covered lands on the enforcement of the Controlled Substances Act and on such other Federal laws related to the importation, manufacture, distribution, possession, or use of controlled substances as the Director considers appropriate. The analysis shall include an assessment of whether such land-management laws hinder enforcement on covered lands of such laws related to controlled substances. Whether any hindrance of enforcement described in paragraph (1) results from restrictions under such land- management laws that limit the use of tools or strategies, including motor vehicles, used by law enforcement personnel to enforce such laws related to controlled substances in areas that are not on covered lands. Or result in a lack of access to areas on covered lands that creates havens for the importation, manufacture, distribution, possession, or use of controlled substances. And whether any additional authorities, including exceptions from or waiver authority with respect to such land- management laws, are needed to prevent the importation, manufacture, distribution, possession, or use of controlled substances on covered lands and to secure such lands from related criminal activity. Consultation With Other Agencies. The Director shall issue the Federal Lands Counterdrug Strategy in consultation with the heads of the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, the Bureau of Land Management, and any relevant State, local, and tribal law enforcement agencies. Limitation. The Federal Lands Counterdrug Strategy shall not change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws. Report to Congress. The Director shall provide a copy of the Federal Lands Counterdrug Strategy to the appropriate congressional committees (as defined in section 702(12) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 USC. 1701(12))). Treatment of Classified or Law Enforcement Sensitive Information. Any content of the Federal Lands Counterdrug Strategy that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant National Drug Control Program agency, would be detrimental to the law enforcement or national security activities of any Federal, State, local, or tribal agency, shall be presented to Congress separately from the rest of the strategy. Definitions. In this section: Controlled substance. The term "controlled substance" has the meaning given such term in section 102(6) of the Controlled Substances Act (21 USC. 802(6)). Covered lands. The term "covered lands" means units of the National Park System, National Forest System lands, and public lands (as such term is defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 USC. 1702(e))). National drug control program agency. The term "National Drug Control Program agency" has the meaning given such term in section 702(7) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 USC. 1701(7)). <SECTION-HEADER> ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON FEDERAL LANDS. Cultivating or Manufacturing Controlled Substances on Federal Property. Section 401(b)(5) of the Controlled Substances Act (21 USC. 841(b)(5)) is amended by striking "imprisoned as provided in" and all that follows through the end of the paragraph and inserting "fined not more than $500,000 if the defendant is an individual or $1,000,000 in any other case, or imprisoned not more than 10 years, or both. Imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.". Use of Hazardous Substances on Federal Land. Section 401(b)(6) of such Act (21 USC. 841(b)(6)) is amended by striking "five" and inserting "10". And by adding at the end the following: "A sentence of imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.". Unauthorized Stream Diversion or Unauthorized Vegetation Removal on Federal Land. Section 401(b) of such Act (21 USC. 841(b)) is amended by adding at the end the following: Whoever violates subsection (a) by manufacturing or cultivating a controlled substance on Federal land, and to facilitate or in the course of such violation knowingly without authorization, diverts an aquifer, spring, stream, river, or body of water, or without authorization, removes vegetation on Federal land. Shall be fined under title 18, United States Code, or imprisoned not more than 10 years, or both. Imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.". Boobytraps on Federal Property. Section 401(d) of such Act (21 USC. 841(d)) is amended by adding at the end the following: Imprisonment imposed under this subsection shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.". Use or Possession of Firearms in Connection With Drug Offenses on Federal Lands. Section 924(c) of title 18, United States Code, is amended by adding at the end the following: In imposing a sentence under this subsection, the court shall consider it as an aggravating factor warranting a longer sentence of imprisonment if the offense was a violation of the Controlled Substances Act or the Controlled Substances Import and Export Act and took place on Federal lands.".

Federal Lands Counterdrug Strategy and Enforcement Enhancement Act - Requires the Director of National Drug Control Policy to develop and submit to Congress a Federal Lands Counterdrug Strategy. Sets forth specific Strategy requirements. Requires the separate presentation to Congress of any content of the Strategy that involves classified information or whose public disclosure would be detrimental to the law enforcement or national security activities of federal, state, or tribal agencies. Revises penalties for: (1) the cultivation or manufacture of controlled substances on federal property, (2) the use of hazardous substances on federal land. (3) placing a boobytrap on federal property where a controlled substance is being manufactured or distributed. And (4) the use or possession of a firearm in connection with a drug trafficking crime on federal land. Sets forth penalties for an unauthorized diversion of water or an unauthorized removal of vegetation on federal land in order to knowingly manufacture or cultivate a controlled substance.

To require the Director of National Drug Control Policy to develop a Federal Lands Counterdrug Strategy and to provide for enhanced penalties for certain drug offenses on Federal lands.

107_hr524

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Commerce Enhancement Act of 2001''. TITLE I--ELECTRONIC COMMERCE SEC. 101. FINDINGS. The Congress finds the following: (1) Commercial transactions on the Internet, whether retail business-to-customer or business-to-business, are commonly called electronic commerce. (2) In the United States, business-to-business transactions between small and medium-sized manufacturers and other such businesses and their suppliers is rapidly growing, as many of these businesses begin to use Internet connections for supply- chain management, after-sales support, and payments. (3) Small and medium-sized manufacturers and other such businesses play a critical role in the United States economy. (4) Electronic commerce can help small and medium-sized manufacturers and other such businesses develop new products and markets, interact more quickly and efficiently with suppliers and customers, and improve productivity by increasing efficiency and reducing transaction costs and paperwork. Small and medium-sized manufacturers and other such businesses who fully exploit the potential of electronic commerce activities can use it to interact with customers, suppliers, and the public, and for external support functions such as personnel services and employee training. (5) The National Institute of Standards and Technology's Manufacturing Extension Partnership program has a successful record of assisting small and medium-sized manufacturers and other such businesses. In addition, the Manufacturing Extension Partnership program, working with the Small Business Administration, successfully assisted United States small enterprises in remediating their Y2K computer problems. (6) A critical element of electronic commerce is the ability of different electronic commerce systems to exchange information. The continued growth of electronic commerce will be enhanced by the development of private voluntary interoperability standards and testbeds to ensure the compatibility of different systems. SEC. 102. REPORT ON THE UTILIZATION OF ELECTRONIC COMMERCE. (a) Advisory Panel.--The Director of the National Institute of Standards and Technology (in this title referred to as the ``Director'') shall establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The Advisory Panel shall be comprised of representatives of the Technology Administration, the National Institute of Standards and Technology's Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), the Small Business Administration, and other relevant parties as identified by the Director. (b) Initial Report.--Within 12 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the immediate requirements of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall-- (1) describe the current utilization of electronic commerce practices by small and medium-sized manufacturers and other such businesses, detailing the different levels between business-to-retail customer and business-to-business transactions; (2) describe and assess the utilization and need for encryption and electronic authentication components and electronically stored data security in electronic commerce for small and medium-sized manufacturers and other such businesses; (3) identify the impact and problems of interoperability to electronic commerce, and include an economic assessment; and (4) include a preliminary assessment of the appropriate role of, and recommendations for, the Manufacturing Extension Partnership program to assist small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. (c) Final Report.--Within 18 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 3-year assessment of the needs of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall include-- (1) a 3-year planning document for the Manufacturing Extension Partnership program in the field of electronic commerce; and (2) recommendations, if necessary, for the National Institute of Standards and Technology to address interoperability issues in the field of electronic commerce. SEC. 103. ELECTRONIC COMMERCE PILOT PROGRAM. The National Institute of Standards and Technology's Manufacturing Extension Partnership program, in consultation with the Small Business Administration, shall establish a pilot program to assist small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The goal of the pilot program shall be to provide small and medium-sized manufacturers and other such businesses with the information they need to make informed decisions in utilizing electronic commerce-related goods and services. Such program shall be implemented through a competitive grants program for existing Regional Centers for the Transfer of Manufacturing Technology established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k). In carrying out this section, the Manufacturing Extension Partnership program shall consult with the Advisory Panel and utilize the Advisory Panel's reports. TITLE II--ENTERPRISE INTEGRATION SEC. 201. ENTERPRISE INTEGRATION ASSESSMENT AND PLAN. (a) Assessment.--The Director shall work to identify critical enterprise integration standards and implementation activities for major manufacturing industries underway in the United States. For each major manufacturing industry, the Director shall work with industry representatives and organizations currently engaged in enterprise integration activities and other appropriate representatives as necessary. They shall assess the current state of enterprise integration within the industry, identify the remaining steps in achieving enterprise integration, and work toward agreement on the roles of the National Institute of Standards and Technology and of the private sector in that process. Within 90 days after the date of the enactment of this Act, the Director shall report to the Congress on these matters and on anticipated related National Institute of Standards and Technology activities for the then current fiscal year. (b) Plans and Reports.--Within 180 days after the date of the enactment of this Act, the Director shall submit to the Congress a plan for enterprise integration for each major manufacturing industry, including milestones for the National Institute of Standards and Technology portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Updates of the plans and a progress report for the past year shall be submitted annually until for a given industry, in the opinion of the Director, enterprise integration has been achieved. SEC. 202. DEFINITIONS. For purposes of this title-- (1) the term ``Director'' means the Director of the National Institute of Standards and Technology; (2) the term ``enterprise integration'' means the electronic linkage of manufacturers, assemblers, and suppliers to enable the electronic exchange of product, manufacturing, and other business data among all businesses in a product supply chain, and such term includes related application protocols and other related standards; and (3) the term ``major manufacturing industry'' includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates. Passed the House of Representatives February 14, 2001. Attest: JEFF TRANDAHL, Clerk.

Electronic Commerce Enhancement Act of 2001 - Title I: Electronic Commerce - Requires the Director of the National Institute of Standards and Technology (NIST) to establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. Requires the Panel to provide an interim and final report to the Director and specified congressional committees. Requires the final report to include: (1) a three-year planning document for NIST's Manufacturing Extension Partnership (MEP) program in the field of electronic commerce. And (2) recommendations for NIST to address interoperability issues in electronic commerce. Requires the MEP program to: (1) establish a pilot program to assist such manufacturers and businesses in integrating and utilizing electronic commerce technologies and business practices through a competitive grants program. And (2) consult with the Panel and utilize the Panel's reports. Title II: Enterprise Integration - Requires the Director to: (1) identify critical enterprise integration standards and implementation activities for major manufacturing industries. (2) report to Congress on such matters and anticipated related NIST activities for that fiscal year. And (3) submit to Congress a plan for enterprise integration for each major manufacturing industry. Requires annual plan updates for an industry until enterprise integration has been achieved.

To require the Director of the National Institute of Standards and Technology to assist small and medium-sized manufacturers and other such businesses to successfully integrate and utilize electronic commerce technologies and business practices, and to authorize the National Institute of Standards and Technology to assess critical enterprise integration standards and implementation activities for major manufacturing industries and to develop a plan for enterprise integration for each major manufacturing industry.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Electronic Commerce Enhancement Act of 2001". TITLE I ELECTRONIC COMMERCE Section 101. FINDINGS. The Congress finds the following: Commercial transactions on the Internet, whether retail business-to-customer or business-to-business, are commonly called electronic commerce. In the United States, business-to-business transactions between small and medium-sized manufacturers and other such businesses and their suppliers is rapidly growing, as many of these businesses begin to use Internet connections for supply- chain management, after-sales support, and payments. Small and medium-sized manufacturers and other such businesses play a critical role in the United States economy. Electronic commerce can help small and medium-sized manufacturers and other such businesses develop new products and markets, interact more quickly and efficiently with suppliers and customers, and improve productivity by increasing efficiency and reducing transaction costs and paperwork. Small and medium-sized manufacturers and other such businesses who fully exploit the potential of electronic commerce activities can use it to interact with customers, suppliers, and the public, and for external support functions such as personnel services and employee training. The National Institute of Standards and Technology's Manufacturing Extension Partnership program has a successful record of assisting small and medium-sized manufacturers and other such businesses. In addition, the Manufacturing Extension Partnership program, working with the Small Business Administration, successfully assisted United States small enterprises in remediating their Y2K computer problems. A critical element of electronic commerce is the ability of different electronic commerce systems to exchange information. The continued growth of electronic commerce will be enhanced by the development of private voluntary interoperability standards and testbeds to ensure the compatibility of different systems. Section 102. REPORT ON THE UTILIZATION OF ELECTRONIC COMMERCE. Advisory Panel. The Director of the National Institute of Standards and Technology shall establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The Advisory Panel shall be comprised of representatives of the Technology Administration, the National Institute of Standards and Technology's Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act , the Small Business Administration, and other relevant parties as identified by the Director. Initial Report. Within 12 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the immediate requirements of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall describe the current utilization of electronic commerce practices by small and medium-sized manufacturers and other such businesses, detailing the different levels between business-to-retail customer and business-to-business transactions. Describe and assess the utilization and need for encryption and electronic authentication components and electronically stored data security in electronic commerce for small and medium-sized manufacturers and other such businesses. Identify the impact and problems of interoperability to electronic commerce, and include an economic assessment. And include a preliminary assessment of the appropriate role of, and recommendations for, the Manufacturing Extension Partnership program to assist small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. Final Report. Within 18 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 3-year assessment of the needs of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall include a 3-year planning document for the Manufacturing Extension Partnership program in the field of electronic commerce. And recommendations, if necessary, for the National Institute of Standards and Technology to address interoperability issues in the field of electronic commerce. Section 103. ELECTRONIC COMMERCE PILOT PROGRAM. The National Institute of Standards and Technology's Manufacturing Extension Partnership program, in consultation with the Small Business Administration, shall establish a pilot program to assist small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The goal of the pilot program shall be to provide small and medium-sized manufacturers and other such businesses with the information they need to make informed decisions in utilizing electronic commerce-related goods and services. Such program shall be implemented through a competitive grants program for existing Regional Centers for the Transfer of Manufacturing Technology established under section 25 of the National Institute of Standards and Technology Act . In carrying out this section, the Manufacturing Extension Partnership program shall consult with the Advisory Panel and utilize the Advisory Panel's reports. TITLE II ENTERPRISE INTEGRATION Section 201. ENTERPRISE INTEGRATION ASSESSMENT AND PLAN. Assessment. The Director shall work to identify critical enterprise integration standards and implementation activities for major manufacturing industries underway in the United States. For each major manufacturing industry, the Director shall work with industry representatives and organizations currently engaged in enterprise integration activities and other appropriate representatives as necessary. They shall assess the current state of enterprise integration within the industry, identify the remaining steps in achieving enterprise integration, and work toward agreement on the roles of the National Institute of Standards and Technology and of the private sector in that process. Within 90 days after the date of the enactment of this Act, the Director shall report to the Congress on these matters and on anticipated related National Institute of Standards and Technology activities for the then current fiscal year. Plans and Reports. Within 180 days after the date of the enactment of this Act, the Director shall submit to the Congress a plan for enterprise integration for each major manufacturing industry, including milestones for the National Institute of Standards and Technology portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Updates of the plans and a progress report for the past year shall be submitted annually until for a given industry, in the opinion of the Director, enterprise integration has been achieved. Section 202. DEFINITIONS. For purposes of this title the term "Director" means the Director of the National Institute of Standards and Technology. The term "enterprise integration" means the electronic linkage of manufacturers, assemblers, and suppliers to enable the electronic exchange of product, manufacturing, and other business data among all businesses in a product supply chain, and such term includes related application protocols and other related standards. And the term "major manufacturing industry" includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates. Passed the House of Representatives February 14, 2001. Attest: JEFF TRANDAHL, Clerk.

Electronic Commerce Enhancement Act of 2001 - Title I: Electronic Commerce - Requires the Director of the National Institute of Standards and Technology (NIST) to establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. Requires the Panel to provide an interim and final report to the Director and specified congressional committees. Requires the final report to include: (1) a three-year planning document for NIST's Manufacturing Extension Partnership (MEP) program in the field of electronic commerce. And (2) recommendations for NIST to address interoperability issues in electronic commerce. Requires the MEP program to: (1) establish a pilot program to assist such manufacturers and businesses in integrating and utilizing electronic commerce technologies and business practices through a competitive grants program. And (2) consult with the Panel and utilize the Panel's reports. Title II: Enterprise Integration - Requires the Director to: (1) identify critical enterprise integration standards and implementation activities for major manufacturing industries. (2) report to Congress on such matters and anticipated related NIST activities for that fiscal year. And (3) submit to Congress a plan for enterprise integration for each major manufacturing industry. Requires annual plan updates for an industry until enterprise integration has been achieved.

To require the Director of the National Institute of Standards and Technology to assist small and medium-sized manufacturers and other such businesses to successfully integrate and utilize electronic commerce technologies and business practices, and to authorize the National Institute of Standards and Technology to assess critical enterprise integration standards and implementation activities for major manufacturing industries and to develop a plan for enterprise integration for each major manufacturing industry.

105_s2471

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings Advancement and Enhancement (SAVE) Act of 1998''. SEC. 2. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include the sum of the amounts received during the taxable year by an individual as-- ``(1) dividends from domestic corporations, or ``(2) interest. ``(b) Limitations.-- ``(1) Maximum amount.--The aggregate amount excluded under subsection (a) for any taxable year shall not exceed $250 ($500 in the case of a joint return). ``(2) Limitation based on taxable income.--No exclusion from gross income shall be allowed under this section for an individual for a taxable year if the individual has any amount of taxable income taxed at the rate of 39.6 percent for the taxable year. ``(3) Certain dividends excluded.--Subsection (a)(1) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Interest.--For purposes of this section, the term `interest' means-- ``(1) interest on deposits with a bank (as defined in section 581), ``(2) amounts (whether or not designated as interest) paid in respect of deposits, investment certificates, or withdrawable or repurchasable shares, by-- ``(A) a mutual savings bank, cooperative bank, domestic building and loan association, industrial loan association or bank, or credit union, or ``(B) any other savings or thrift institution which is chartered and supervised under Federal or State law, the deposits or accounts in which are insured under Federal or State law or which are protected and guaranteed under State law, ``(3) interest on-- ``(A) evidences of indebtedness (including bonds, debentures, notes, and certificates) issued by a domestic corporation in registered form, and ``(B) to the extent provided in regulations prescribed by the Secretary, other evidences of indebtedness issued by a domestic corporation of a type offered by corporations to the public, ``(4) interest on obligations of the United States, a State, or a political subdivision of a State (not excluded from gross income of the taxpayer under any other provision of law), and ``(5) interest attributable to participation shares in a trust established and maintained by a corporation established pursuant to Federal law. ``(d) Special Rules.--For purposes of this section-- ``(1) Distributions from regulated investment companies and real estate investment trusts.--Subsection (a) shall apply with respect to distributions by-- ``(A) regulated investment companies to the extent provided in section 854(c), and ``(B) real estate investment trusts to the extent provided in section 857(c). ``(2) Distributions by a trust.--For purposes of subsection (a), the amount of dividends and interest properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the dividends and interest were received by the estate or trust. ``(3) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends and interest which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b).''. (b) Conforming Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Partial exclusion of dividends and interest received by individuals.''. (2) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period at the end the following: ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (3) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (4) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.''. (5) Section 854 of such Code is amended by adding at the end the following new subsection: ``(c) Treatment Under Section 116.-- ``(1) In general.--For purposes of section 116, in the case of any dividend (other than a dividend described in subsection (a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend-- ``(A) the entire amount of such dividend shall be treated as a dividend if the sum of the aggregate dividends and the aggregate interest received by such company during the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, there shall be taken into account under section 116 only the portion of such dividend which bears the same ratio to the amount of such dividend as the sum of the aggregate dividends received and aggregate interest received bears to gross income. For purposes of the preceding sentence, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received for the taxable year. ``(2) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 60 days after the close of its taxable year. ``(3) Definitions.--For purposes of this subsection-- ``(A) Gross income.--The term `gross income' does not include gain from the sale or other disposition of stock or securities. ``(B) Aggregate dividends.--The term `aggregate dividends' includes only dividends received from domestic corporations other than dividends described in section 116(b)(2). In determining the amount of any dividend for purposes of this subparagraph, the rules provided in section 116(d)(1) (relating to certain distributions) shall apply. ``(C) Interest.--The term `interest' has the meaning given such term by section 116(c).''. (6) Subsection (c) of section 857 of such Code is amended to read as follows: ``(c) Limitations Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) In general.--For purposes of section 116 (relating to an exclusion for dividends and interest received by individuals) and section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment as interest.--For purposes of section 116, in the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid the dividend-- ``(A) such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. ``(3) Adjustments to gross income and aggregate interest received.--For purposes of paragraph (2)-- ``(A) gross income does not include the net capital gain, ``(B) gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year (other than for interest on mortgages on real property owned by the real estate investment trust) as does not exceed aggregate interest received by the taxable year, and ``(C) gross income shall be reduced by the sum of the taxes imposed by paragraphs (4), (5), and (6) of section 857(b). ``(4) Interest.--The term `interest' has the meaning given such term by section 116(c). ``(5) Notice to shareholders.--The amount of any distribution by a real estate investment trust which may be taken into account as interest for purposes of the exclusion under section 116 shall not exceed the amount so designated by the trust in a written notice to its shareholders mailed not later than 60 days after the close of its taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Savings Advancement and Enhancement (SAVE) Act of 1998 - Amends the Internal Revenue Code to exclude from individual gross income up to $250 of the sum of dividends from domestic corporations or interest. Sets forth related provisions with respect to: (1) distributions from regulated investment companies and real estate investment trusts, and (2) nonresident aliens.

Savings Advancement and Enhancement (SAVE) Act of 1998

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Savings Advancement and Enhancement Act of 1998". <SECTION-HEADER> EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX. In General. Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 115 the following new section: "Section 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. Exclusion From Gross Income. Gross income does not include the sum of the amounts received during the taxable year by an individual as dividends from domestic corporations, or interest. Limitations. Maximum amount. The aggregate amount excluded under subsection (a) for any taxable year shall not exceed $250 . Limitation based on taxable income. No exclusion from gross income shall be allowed under this section for an individual for a taxable year if the individual has any amount of taxable income taxed at the rate of 39.6 percent for the taxable year. Certain dividends excluded. Subsection (a)(1) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 or section 521 . Interest. For purposes of this section, the term `interest' means interest on deposits with a bank , amounts paid in respect of deposits, investment certificates, or withdrawable or repurchasable shares, by a mutual savings bank, cooperative bank, domestic building and loan association, industrial loan association or bank, or credit union, or any other savings or thrift institution which is chartered and supervised under Federal or State law, the deposits or accounts in which are insured under Federal or State law or which are protected and guaranteed under State law, interest on evidences of indebtedness issued by a domestic corporation in registered form, and to the extent provided in regulations prescribed by the Secretary, other evidences of indebtedness issued by a domestic corporation of a type offered by corporations to the public, interest on obligations of the United States, a State, or a political subdivision of a State , and interest attributable to participation shares in a trust established and maintained by a corporation established pursuant to Federal law. Special Rules. For purposes of this section Distributions from regulated investment companies and real estate investment trusts. Subsection (a) shall apply with respect to distributions by regulated investment companies to the extent provided in section 854(c), and real estate investment trusts to the extent provided in section 857(c). Distributions by a trust. For purposes of subsection , the amount of dividends and interest properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the dividends and interest were received by the estate or trust. Certain nonresident aliens ineligible for exclusion. In the case of a nonresident alien individual, subsection (a) shall apply only in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends and interest which are effectively connected with the conduct of a trade or business within the United States, or in determining the tax imposed for the taxable year pursuant to section 877(b).". Conforming Amendments. The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: "Section 116. Partial exclusion of dividends and interest received by individuals.". Paragraph (2) of section 265(a) of such Code is amended by inserting before the period at the end the following: ", or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116". Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: "The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.". Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: Dividends or interest. There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.". Section 854 of such Code is amended by adding at the end the following new subsection: Treatment Under Section 116. In general. For purposes of section 116, in the case of any dividend (other than a dividend described in subsection ) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend the entire amount of such dividend shall be treated as a dividend if the sum of the aggregate dividends and the aggregate interest received by such company during the taxable year equals or exceeds 75 percent of its gross income, or if subparagraph (A) does not apply, there shall be taken into account under section 116 only the portion of such dividend which bears the same ratio to the amount of such dividend as the sum of the aggregate dividends received and aggregate interest received bears to gross income. For purposes of the preceding sentence, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received for the taxable year. Notice to shareholders. The amount of any distribution by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 60 days after the close of its taxable year. Definitions. For purposes of this subsection Gross income. The term `gross income' does not include gain from the sale or other disposition of stock or securities. Aggregate dividends. The term `aggregate dividends' includes only dividends received from domestic corporations other than dividends described in section 116(b)(2). In determining the amount of any dividend for purposes of this subparagraph, the rules provided in section 116(d)(1) shall apply. Interest. The term `interest' has the meaning given such term by section 116(c).". Subsection (c) of section 857 of such Code is amended to read as follows: Limitations Applicable to Dividends Received From Real Estate Investment Trusts. In general. For purposes of section 116 and section 243 , a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. Treatment as interest. For purposes of section 116, in the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid the dividend such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or if subparagraph (A) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. Adjustments to gross income and aggregate interest received. For purposes of paragraph (2) gross income does not include the net capital gain, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received by the taxable year, and gross income shall be reduced by the sum of the taxes imposed by paragraphs (4), (5), and (6) of section 857(b). Interest. The term `interest' has the meaning given such term by section 116(c). Notice to shareholders. The amount of any distribution by a real estate investment trust which may be taken into account as interest for purposes of the exclusion under section 116 shall not exceed the amount so designated by the trust in a written notice to its shareholders mailed not later than 60 days after the close of its taxable year.". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Savings Advancement and Enhancement (SAVE) Act of 1998 - Amends the Internal Revenue Code to exclude from individual gross income up to $250 of the sum of dividends from domestic corporations or interest. Sets forth related provisions with respect to: (1) distributions from regulated investment companies and real estate investment trusts, and (2) nonresident aliens.

Savings Advancement and Enhancement (SAVE) Act of 1998

109_hr4388

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Tax Revision Act of 2005''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Election to include combat pay as earned income for purposes of earned income credit. Sec. 3. Cover over of tax on distilled spirits. Sec. 4. Authority for undercover operations. Sec. 5. Disclosures of certain tax return information. Sec. 6. Deduction allowable with respect to income attributable to domestic production activities in Puerto Rico. Sec. 7. Technical corrections to regional value-content methods for rules of origin under Public Law 109-53. SEC. 2. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR PURPOSES OF EARNED INCOME CREDIT. (a) In General.--Subclause (II) of section 32(c)(2)(B)(vi) is amended by striking ``January 1, 2006'' and inserting ``January 1, 2007''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 3. COVER OVER OF TAX ON DISTILLED SPIRITS. (a) In General.--Paragraph (1) of section 7652(f) (relating to limitation on cover over of tax on distilled spirits) is amended by striking ``January 1, 2006'' and inserting ``January 1, 2007''. (b) Effective Date.--The amendment made by subsection (a) shall apply to articles brought into the United States after December 31, 2005. SEC. 4. AUTHORITY FOR UNDERCOVER OPERATIONS. Paragraph (6) of section 7608(c) (relating to application of section) is amended by striking ``January 1, 2006'' both places is appears and inserting ``January 1, 2007''. SEC. 5. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION. (a) Disclosures to Facilitate Combined Employment Tax Reporting.-- (1) In general.--Subparagraph (B) of section 6103(d)(5) (relating to termination) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendment made by paragraph (1) shall apply to disclosures after December 31, 2005. (b) Disclosures Relating to Terrorist Activities.-- (1) In general.--Clause (iv) of section 6103(i)(3)(C) and subparagraph (E) of section 6103(i)(7) are each amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendments made by paragraph (1) shall apply to disclosures after December 31, 2005. (c) Disclosures Relating to Student Loans.-- (1) In general.--Subparagraph (D) of section 6103(l)(13) (relating to termination) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2006''. (2) Effective date.--The amendment made by paragraph (1) shall apply to requests made after December 31, 2005. SEC. 6. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES IN PUERTO RICO. (a) In General.--Subsection (d) of section 199 (relating to definitions and special rules) is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Treatment of activities in puerto rico.-- ``(A) In general.--In the case of any taxpayer with gross receipts for any taxable year from sources within the Commonwealth of Puerto Rico, if all of such receipts are taxable under section 1 or 11 for such taxable year, then for purposes of determining the domestic production gross receipts of such taxpayer for such taxable year under subsection (c)(4), the term `United States' shall include the Commonwealth of Puerto Rico. ``(B) Termination.--Subparagraph (A) shall not apply to any taxable year beginning after December 31, 2006.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 7. TECHNICAL CORRECTIONS TO REGIONAL VALUE-CONTENT METHODS FOR RULES OF ORIGIN UNDER PUBLIC LAW 109-53. Section 203(c) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53; 19 U.S.C. 4033(c)) is amended as follows: (1) In paragraph (2)(A), by striking all that follows ``the following build-down method:'' and inserting the following: av-vnm ``rvc = -------- &lt;greek-e&gt; 100''. av (2) In paragraph (3)(A), by striking all that follows ``the following build-up method:'' and inserting the following: vom ``rvc = -------- &lt;greek-e&gt; 100''. av (3) In paragraph (4)(A), by striking all that follows ``the following net cost method:'' and inserting the following: nc-vnm ``rvc = -------- &lt;greek-e&gt; 100''. nc Passed the House of Representatives December 7, 2005. Attest: KAREN L. HAAS, Clerk.

Tax Revision Act of 2005 - Amends the Internal Revenue Code to extend through 2006: (1) the taxpayer election to include combat zone compensation as earned income for purposes of computing the earned income tax credit. (2) the increased cover over (payment) to the Treasuries of Puerto Rico and the Virgin Islands of distilled spirit excise tax revenues. (3) the authority for certain Internal Revenue Service (IRS) undercover investigative operations. And (4) the authority for disclosure of tax return information for combined employment tax reporting, for combating terrorist activities, and for student loan repayment. Allows, through 2006, the tax deduction for income attributable to domestic production activities for taxpayers with income from sources in Puerto Rico. Amends the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (CAFTA-DR) to revise formulae for determining the regional value-content of certain importexport goods.

To amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes.

<SECTION-HEADER> SHORT TITLE, ETC. Short Title. This Act may be cited as the "Tax Revision Act of 2005". Amendment of 1986 Code. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. Table of Contents. The table of contents for this Act is as follows: <SECTION-HEADER> Short title, etc. <SECTION-HEADER> Election to include combat pay as earned income for purposes of earned income credit. <SECTION-HEADER> Cover over of tax on distilled spirits. <SECTION-HEADER> Authority for undercover operations. <SECTION-HEADER> Disclosures of certain tax return information. <SECTION-HEADER> Deduction allowable with respect to income attributable to domestic production activities in Puerto Rico. <SECTION-HEADER> Technical corrections to regional value-content methods for rules of origin under Public Law 109-53. <SECTION-HEADER> ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR PURPOSES OF EARNED INCOME CREDIT. In General. Subclause (II) of section 32(c)(2)(B)(vi) is amended by striking "January 1, 2006" and inserting "January 1, 2007". Effective Date. The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005. <SECTION-HEADER> COVER OVER OF TAX ON DISTILLED SPIRITS. In General. Paragraph (1) of section 7652(f) is amended by striking "January 1, 2006" and inserting "January 1, 2007". Effective Date. The amendment made by subsection (a) shall apply to articles brought into the United States after December 31, 2005. <SECTION-HEADER> AUTHORITY FOR UNDERCOVER OPERATIONS. Paragraph (6) of section 7608(c) is amended by striking "January 1, 2006" both places is appears and inserting "January 1, 2007". <SECTION-HEADER> DISCLOSURES OF CERTAIN TAX RETURN INFORMATION. Disclosures to Facilitate Combined Employment Tax Reporting. In general. Subparagraph (B) of section 6103(d)(5) is amended by striking "December 31, 2005" and inserting "December 31, 2006". Effective date. The amendment made by paragraph (1) shall apply to disclosures after December 31, 2005. Disclosures Relating to Terrorist Activities. In general. Clause (iv) of section 6103(i)(3)(C) and subparagraph (E) of section 6103(i)(7) are each amended by striking "December 31, 2005" and inserting "December 31, 2006". Effective date. The amendments made by paragraph (1) shall apply to disclosures after December 31, 2005. Disclosures Relating to Student Loans. In general. Subparagraph (D) of section 6103(l)(13) is amended by striking "December 31, 2005" and inserting "December 31, 2006". Effective date. The amendment made by paragraph (1) shall apply to requests made after December 31, 2005. <SECTION-HEADER> DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES IN PUERTO RICO. In General. Subsection (d) of section 199 is amended by redesignating paragraph as paragraph (8) and by inserting after paragraph (6) the following new paragraph: Treatment of activities in puerto rico. In general. In the case of any taxpayer with gross receipts for any taxable year from sources within the Commonwealth of Puerto Rico, if all of such receipts are taxable under section 1 or 11 for such taxable year, then for purposes of determining the domestic production gross receipts of such taxpayer for such taxable year under subsection (c)(4), the term `United States' shall include the Commonwealth of Puerto Rico. Termination. Subparagraph (A) shall not apply to any taxable year beginning after December 31, 2006.". Effective Date. The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2005. <SECTION-HEADER> TECHNICAL CORRECTIONS TO REGIONAL VALUE-CONTENT METHODS FOR RULES OF ORIGIN UNDER PUBLIC LAW 109-53. Section 203(c) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53. 19 USC. 4033(c)) is amended as follows: In paragraph (2)(A), by striking all that follows "the following build-down method:" and inserting the following: av-vnm "rvc lt, greek-egt. 100". av In paragraph (3)(A), by striking all that follows "the following build-up method:" and inserting the following: vom "rvc lt, greek-egt. 100". av In paragraph (4)(A), by striking all that follows "the following net cost method:" and inserting the following: nc-vnm "rvc lt, greek-egt. 100". nc Passed the House of Representatives December 7, 2005. Attest: KAREN L. HAAS, Clerk.

Tax Revision Act of 2005 - Amends the Internal Revenue Code to extend through 2006: (1) the taxpayer election to include combat zone compensation as earned income for purposes of computing the earned income tax credit. (2) the increased cover over (payment) to the Treasuries of Puerto Rico and the Virgin Islands of distilled spirit excise tax revenues. (3) the authority for certain Internal Revenue Service (IRS) undercover investigative operations. And (4) the authority for disclosure of tax return information for combined employment tax reporting, for combating terrorist activities, and for student loan repayment. Allows, through 2006, the tax deduction for income attributable to domestic production activities for taxpayers with income from sources in Puerto Rico. Amends the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (CAFTA-DR) to revise formulae for determining the regional value-content of certain importexport goods.

To amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes.

113_hr5805

SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrea Sloan Compassionate Use Reform and Enhancement Act'' or the ``Andrea Sloan CURE Act''. SEC. 2. EXPANDED ACCESS POLICY AS CONDITION OF EXPEDITED APPROVAL. Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d) Expanded Access Policy Required for Covered Breakthrough Drugs.-- ``(1) In general.--With respect to a qualified breakthrough drug, not later than 30 days after the date on which the drug meets the definition of a covered breakthrough drug (as specified in paragraph (2)), the sponsor of the covered breakthrough drug shall submit to the Secretary and make publicly available the policy of the sponsor with respect to requests submitted under subsection (b). In the case of such a policy under which the sponsor accepts such requests, such policy shall include-- ``(A) a single point of contact who receives and processes such requests; ``(B) procedures for making such requests; ``(C) the minimum criteria for the sponsor's consideration or approval of such requests; and ``(D) the amount of time the sponsor anticipates will be necessary to make a decision on such requests. ``(2) Covered breakthrough drug.--In this subsection, the term `covered breakthrough drug' means a drug-- ``(A) that is designated as a breakthrough therapy or as a fast track product or is approved under accelerated approval under section 506; ``(B) that is designated under section 505E(d) as a qualified infectious disease product; or ``(C) the sponsor of which is awarded a priority review voucher under section 524 or 529.''. SEC. 3. NOTIFICATION OF SUBMITTERS OF COMPASSIONATE USE REQUESTS. Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), as amended by section 2, is further amended-- (1) by redesignating subsections (e) and (f) (as redesignated by section 2(1)) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) (as inserted by section 2(2)) the following new subsection: ``(e) Notification of Submitters of Requests.--In the case of the denial by a manufacturer or distributor of a request under subsection (b), not later than 5 days after the date of such denial, the manufacturer or distributor, as applicable, shall submit to the person (or physician) who made the request written notice of the denial, including an explanation for the denial.''. SEC. 4. GAO QUALITATIVE ANALYSIS ON INDIVIDUAL PATIENT ACCESS TO UNAPPROVED THERAPIES AND DIAGNOSTICS. Not later than 180 days after the date of the enactment of this Act and each year thereafter, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report containing a qualitative analysis of the extent to which individual patients have access to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) and recommendations for improving such access. In preparing such report, the Comptroller General shall conduct a qualitative analysis of the following: (1) Whether there are any identifiable patterns in requests submitted under subsection (b) of such section, such as the types of indications for which requests for individual patient access are sought or the reasons for the denial of such requests. (2) What the primary barriers are to drug sponsors granting requests for individual patient access. (3) How the Secretary evaluates safety and efficacy data submitted in connection with such requests. (4) The amount of time that-- (A) a physician typically takes to complete the paperwork necessary to make such a request; (B) a drug sponsor takes to process such a request and to issue a decision with respect to the request; and (C) the Secretary takes to process such a request and to issue a decision with respect to the request. (5) How regulations, guidance, policies, or practices may be modified, streamlined, expanded, or discontinued to reduce or prevent delays in approving such requests. (6) The number of such requests that, for the period covered by the report-- (A) were approved by drug sponsors and the Food and Drug Administration; (B) were approved by drug sponsors but denied by the Food and Drug Administration; and (C) were denied by drug sponsors. (7) How to encourage drug sponsors to grant requests for expanded access under such section 561, including requests for emergency use, intermediate-size patient populations, and large patient populations under a specified indication. (8) Whether and to what extent adverse events reported to the Secretary as a result of individual use of an investigational drug or investigational device under such section 561 affected the development or approval of any drug or device. SEC. 5. EXPANDED ACCESS TASK FORCE. (a) Establishment.--The Secretary of Health and Human Services shall establish a task force within the Department of Health and Human Services to explore mechanisms for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), to be known as the ``Expanded Access Task Force'' (in this section referred to as the ``Task Force''). Not later than 90 days after the date on which the Comptroller General of the United States submits the first report required under section 4, the Task Force shall be convened. (b) Membership.-- (1) Composition.--The Task Force shall be composed of not more than 9 voting members appointed as follows: (A) One member to serve as Chairman of the Task Force, appointed by the Speaker of the House of Representatives. (B) One representative from the Department of Health and Human Services, appointed by the Secretary of Health and Human Services. (C) Four representatives appointed by the Majority Leader of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, and the Chairman and the Ranking Member of the Committee on Energy and Commerce of the House of Representatives, including-- (i) one representative of a biopharmaceutical company of less than 250 full-time employees; (ii) one representative of the rare disease patient community; (iii) one representative of the health care provider community; and (iv) one bioethicist. (D) Three representatives appointed by Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, and the Chairman and the Ranking Member of the Health, Education, Labor and Pensions Committee of the Senate, including-- (i) one representative of the biopharmaceutical industry; (ii) one representative of the patient community; and (iii) one representative of the health care payor community. (2) Compensation.--Members of the Task Force shall serve without compensation. (c) Duties.--The Task Force shall comprehensively evaluate the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), taking into account-- (1) the unique challenges faced by children with likely fatal diseases for which there is not a comparable or satisfactory alternative therapy available; (2) possible incentives for biopharmaceutical companies and providers to approve requests submitted under such subsection; (3) how the Secretary of Health and Human Services interprets and takes into consideration adverse event data reported in the case of data from use under a request submitted under such subsection; (4) ways to streamline and standardize the process for submitting requests under such subsection; and (5) the costs incurred by biopharmaceutical companies for the time, effort, and delivery of investigational drugs to patients for the diagnosis, monitoring, or treatment of a serious disease or condition under such subsection. (d) Report.--Not later than 180 days after the date on which the Task Force is convened, the Task Force shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report in an electronic format describing the specific recommendations of the Task Force for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb). (e) Termination.--The task force shall terminate upon submission of the report required under subsection (d). SEC. 6. FINALIZING DRAFT GUIDANCE ON EXPANDED ACCESS. (a) In General.--Not later than 180 days after the date on which the Expanded Access Task Force established under section 5 submits the report under subsection (d) of such section, the Secretary of Health and Human Services shall finalize the draft guidance entitled ``Expanded Access to Investigational Drugs for Treatment Use--Qs & As'' and dated May 2013. (b) Contents.--The final guidance referred to in subsection (a) shall-- (1) clearly define how the Secretary interprets and uses adverse drug event data reported by investigators in the case of data reported from use under a request submitted under section 561(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(b)); and (2) take into account the report of the Expanded Access Task Force submitted under section 5(d) and the first report of the Comptroller General of the United States submitted under section 4.

Andrea Sloan Compassionate Use Reform and Enhancement Act or the Andrea Sloan CURE Act - Amends the Federal Food, Drug, and Cosmetic Act to require the sponsor of a ldquo, breakthrough drugrdquo. To submit to the Secretary of Health and Human Services (HHS) and make available to the public a policy on requests for access to the drug for compassionate use, including the minimum criteria for consideration or approval of requests and the time needed to make a decision. Requires a breakthrough drug sponsor to explain a denied request for compassionate use to the person who made the request. Directs HHS to establish an Expanded Access Task Force. Requires the Task Force and the Government Accountability Office (GAO) to evaluate patient access to investigational drugs and make recommendations for improving access. Directs HHS to finalize the draft guidance entitled ldquo, Expanded Access to Investigational Drugs for Treatment Use Qs amp, As,rdquo, taking into account reports from the Task Force and GAO.

Andrea Sloan CURE Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Andrea Sloan Compassionate Use Reform and Enhancement Act" or the "Andrea Sloan CURE Act". <SECTION-HEADER> EXPANDED ACCESS POLICY AS CONDITION OF EXPEDITED APPROVAL. Section 561 of the Federal Food, Drug, and Cosmetic Act is amended by redesignating subsections (d) and (e) as subsections and (f), respectively. And by inserting after subsection (c) the following new subsection: Expanded Access Policy Required for Covered Breakthrough Drugs. In general. With respect to a qualified breakthrough drug, not later than 30 days after the date on which the drug meets the definition of a covered breakthrough drug (as specified in paragraph (2)), the sponsor of the covered breakthrough drug shall submit to the Secretary and make publicly available the policy of the sponsor with respect to requests submitted under subsection (b). In the case of such a policy under which the sponsor accepts such requests, such policy shall include a single point of contact who receives and processes such requests, procedures for making such requests. The minimum criteria for the sponsor's consideration or approval of such requests. And the amount of time the sponsor anticipates will be necessary to make a decision on such requests. Covered breakthrough drug. In this subsection, the term `covered breakthrough drug' means a drug that is designated as a breakthrough therapy or as a fast track product or is approved under accelerated approval under section 506. That is designated under section 505E(d) as a qualified infectious disease product. Or the sponsor of which is awarded a priority review voucher under section 524 or 529.". <SECTION-HEADER> NOTIFICATION OF SUBMITTERS OF COMPASSIONATE USE REQUESTS. Section 561 of the Federal Food, Drug, and Cosmetic Act , as amended by section 2, is further amended by redesignating subsections (e) and (f) (as redesignated by section 2(1)) as subsections (f) and (g), respectively. And by inserting after subsection (d) (as inserted by section 2(2)) the following new subsection: Notification of Submitters of Requests. In the case of the denial by a manufacturer or distributor of a request under subsection , not later than 5 days after the date of such denial, the manufacturer or distributor, as applicable, shall submit to the person who made the request written notice of the denial, including an explanation for the denial.". <SECTION-HEADER> GAO QUALITATIVE ANALYSIS ON INDIVIDUAL PATIENT ACCESS TO UNAPPROVED THERAPIES AND DIAGNOSTICS. Not later than 180 days after the date of the enactment of this Act and each year thereafter, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report containing a qualitative analysis of the extent to which individual patients have access to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act and recommendations for improving such access. In preparing such report, the Comptroller General shall conduct a qualitative analysis of the following: Whether there are any identifiable patterns in requests submitted under subsection (b) of such section, such as the types of indications for which requests for individual patient access are sought or the reasons for the denial of such requests. What the primary barriers are to drug sponsors granting requests for individual patient access. How the Secretary evaluates safety and efficacy data submitted in connection with such requests. The amount of time that a physician typically takes to complete the paperwork necessary to make such a request. A drug sponsor takes to process such a request and to issue a decision with respect to the request. And the Secretary takes to process such a request and to issue a decision with respect to the request. How regulations, guidance, policies, or practices may be modified, streamlined, expanded, or discontinued to reduce or prevent delays in approving such requests. The number of such requests that, for the period covered by the report were approved by drug sponsors and the Food and Drug Administration. Were approved by drug sponsors but denied by the Food and Drug Administration. And were denied by drug sponsors. How to encourage drug sponsors to grant requests for expanded access under such section 561, including requests for emergency use, intermediate-size patient populations, and large patient populations under a specified indication. Whether and to what extent adverse events reported to the Secretary as a result of individual use of an investigational drug or investigational device under such section 561 affected the development or approval of any drug or device. <SECTION-HEADER> EXPANDED ACCESS TASK FORCE. Establishment. The Secretary of Health and Human Services shall establish a task force within the Department of Health and Human Services to explore mechanisms for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act , to be known as the "Expanded Access Task Force" . Not later than 90 days after the date on which the Comptroller General of the United States submits the first report required under section 4, the Task Force shall be convened. Membership. Composition. The Task Force shall be composed of not more than 9 voting members appointed as follows: One member to serve as Chairman of the Task Force, appointed by the Speaker of the House of Representatives. One representative from the Department of Health and Human Services, appointed by the Secretary of Health and Human Services. Four representatives appointed by the Majority Leader of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, and the Chairman and the Ranking Member of the Committee on Energy and Commerce of the House of Representatives, including one representative of a biopharmaceutical company of less than 250 full-time employees, one representative of the rare disease patient community, one representative of the health care provider community. And one bioethicist. Three representatives appointed by Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, and the Chairman and the Ranking Member of the Health, Education, Labor and Pensions Committee of the Senate, including one representative of the biopharmaceutical industry, one representative of the patient community. And one representative of the health care payor community. Compensation. Members of the Task Force shall serve without compensation. Duties. The Task Force shall comprehensively evaluate the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act , taking into account the unique challenges faced by children with likely fatal diseases for which there is not a comparable or satisfactory alternative therapy available. Possible incentives for biopharmaceutical companies and providers to approve requests submitted under such subsection. How the Secretary of Health and Human Services interprets and takes into consideration adverse event data reported in the case of data from use under a request submitted under such subsection. Ways to streamline and standardize the process for submitting requests under such subsection. And the costs incurred by biopharmaceutical companies for the time, effort, and delivery of investigational drugs to patients for the diagnosis, monitoring, or treatment of a serious disease or condition under such subsection. Report. Not later than 180 days after the date on which the Task Force is convened, the Task Force shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report in an electronic format describing the specific recommendations of the Task Force for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act . Termination. The task force shall terminate upon submission of the report required under subsection (d). <SECTION-HEADER> FINALIZING DRAFT GUIDANCE ON EXPANDED ACCESS. In General. Not later than 180 days after the date on which the Expanded Access Task Force established under section 5 submits the report under subsection (d) of such section, the Secretary of Health and Human Services shall finalize the draft guidance entitled "Expanded Access to Investigational Drugs for Treatment Use Qs As" and dated May 2013. Contents. The final guidance referred to in subsection (a) shall clearly define how the Secretary interprets and uses adverse drug event data reported by investigators in the case of data reported from use under a request submitted under section 561(b) of the Federal Food, Drug, and Cosmetic Act (21 USC. 360bbb(b)). And take into account the report of the Expanded Access Task Force submitted under section 5(d) and the first report of the Comptroller General of the United States submitted under section 4.

Andrea Sloan Compassionate Use Reform and Enhancement Act or the Andrea Sloan CURE Act - Amends the Federal Food, Drug, and Cosmetic Act to require the sponsor of a ldquo, breakthrough drugrdquo. To submit to the Secretary of Health and Human Services (HHS) and make available to the public a policy on requests for access to the drug for compassionate use, including the minimum criteria for consideration or approval of requests and the time needed to make a decision. Requires a breakthrough drug sponsor to explain a denied request for compassionate use to the person who made the request. Directs HHS to establish an Expanded Access Task Force. Requires the Task Force and the Government Accountability Office (GAO) to evaluate patient access to investigational drugs and make recommendations for improving access. Directs HHS to finalize the draft guidance entitled ldquo, Expanded Access to Investigational Drugs for Treatment Use Qs amp, As,rdquo, taking into account reports from the Task Force and GAO.

Andrea Sloan CURE Act

106_hr4115

SECTION 1. AMENDMENT. Chapter 23 of title 36, United States Code, is amended to read as follows: ``CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL MUSEUM ``Sec.2301.Establishment of the United States Holocaust Memorial Museum; functions. ``Sec.2302.Functions of the Council; membership. ``Sec.2303.Compensation; travel expenses; full-time officers or employees of United States or Members of Congress. ``Sec.2304.Administrative provisions. ``Sec.2305.Staff. ``Sec.2306.Insurance for museum. ``Sec.2307.Gifts, bequests, and devises of property; tax treatment. ``Sec.2308.Annual report. ``Sec.2309.Audit of financial transactions. ``Sec.2310.Authorization of appropriations. ``SEC. 2301. ESTABLISHMENT OF THE UNITED STATES HOLOCAUST MEMORIAL MUSEUM; FUNCTIONS. ``The United States Holocaust Memorial Museum (hereafter in this chapter referred to as the `Museum') is an independent establishment of the United State Government. The Museum shall-- ``(1) provide for appropriate ways for the Nation to commemorate the Days of Remembrance, as an annual, national, civic commemoration of the Holocaust, and encourage and sponsor appropriate observances of such Days of Remembrance throughout the United States; ``(2) operate and maintain a permanent living memorial museum to the victims of the Holocaust, in cooperation with the Secretary of the Interior and other Federal agencies as provided in section 2306 of this title; and ``(3) carry out the recommendations of the President's Commission on the Holocaust in its report to the President of September 27, 1979, to the extent such recommendations are not otherwise provided for in this chapter. ``SEC. 2302. FUNCTIONS OF THE COUNCIL; MEMBERSHIP. ``(a) In General.--The United States Holocaust Memorial Council (hereafter in this chapter referred to as the `Council') shall be the board of trustees of the Museum and shall have overall governance responsibility for the Museum, including policy guidance and strategic direction, general oversight of Museum operations, and fiduciary responsibility. The Council shall establish an Executive Committee which shall exercise ongoing governance responsibility when the Council is not in session. ``(b) Composition of Council; Appointment; Vacancies.--The Council shall consist of 65 voting members appointed (except as otherwise provided in this section) by the President and the following ex officio nonvoting members: ``(1) One appointed by the Secretary of the Interior. ``(2) One appointed by the Secretary of State. ``(3) One appointed by the Secretary of Education. Of the 65 voting members, five shall be appointed by the Speaker of the United States House of Representatives from among Members of the United States House of Representatives and five shall be appointed by the President pro tempore of the United States Senate upon the recommendation of the majority and minority leaders from among Members of the United States Senate. Any vacancy in the Council shall be filled in the same manner as the original appointment was made. ``(c) Term of Office.-- ``(1) Except as otherwise provided in this subsection, Council members shall serve for 5-year terms. ``(2) The terms of the five Members of the United States House of Representatives and the five Members of the United States Senate appointed during any term of Congress shall expire at the end of such term of Congress. ``(3) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member, other than a Member of Congress appointed by the Speaker of the United States House of Representatives or the President pro tempore of the United States Senate, may serve after the expiration of his term until his successor has taken office. ``(d) Chairperson and Vice Chairperson; Term of Office.--The Chairperson and Vice Chairperson of the Council shall be appointed by the President from among the members of the Council and such Chairperson and Vice Chairperson shall each serve for terms of 5 years. ``(e) Reappointment.--Members whose terms expire may be reappointed, and the Chairperson and Vice Chairperson may be reappointed to those offices. ``(f) Bylaws.--The Council shall adopt bylaws to carry out its functions under this chapter. The Chairperson may waive a bylaw when the Chairperson decides that waiver is in the best interest of the Council. Immediately after waiving a bylaw, the Chairperson shall send written notice of the waiver to every voting member of the Council. The waiver becomes final 30 days after the notice is sent unless a majority of Council members disagree in writing before the end of the 30-day period. ``(g) Quorum.--One-third of the members of the Council shall constitute a quorum, and any vacancy in the Council shall not affect its powers to function. ``(h) Associated Committees.--Subject to appointment by the Chairperson, an individual who is not a member of the Council may be designated as a member of a committee associated with the Council. Such an individual shall serve without cost to the Federal Government. ``SEC. 2303. COMPENSATION; TRAVEL EXPENSES; FULL-TIME OFFICERS OR EMPLOYEES OF UNITED STATES OR MEMBERS OF CONGRESS. ``(a) In General.--Except as provided in subsection (b) of this section, members of the Council are each authorized to be paid the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5, for each day (including travel time) during which they are engaged in the actual performance of duties of the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5. ``(b) Exception.--Members of the Council who are full-time officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Council. ``SEC. 2304. ADMINISTRATIVE PROVISIONS. ``(a) Experts and Consultants.--The Museum may obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, at rates not to exceed the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5. ``(b) Authority To Contract.--The Museum may, in accordance with applicable law, enter into contracts and other arrangements with public agencies and with private organizations and persons and may make such payments as may be necessary to carry out its functions under this chapter. ``(c) Assistance From Other Federal Departments and Agencies.--The Secretary of the Smithsonian Institution, the Library of Congress, and the heads of all executive branch departments, agencies, and establishments of the United States may assist the Museum in the performance of its functions under this chapter. ``(d) Administrative Services and Support.--The Secretary of the Interior may provide administrative services and support to the Museum on a reimbursable basis. ``SEC. 2305. STAFF. ``(a) Establishment of the Museum Director as Chief Executive Officer.--There shall be a director of the Museum (hereafter in this chapter referred to as the `Director') who shall serve as chief executive officer of the Museum and exercise day-to-day authority for the Museum. The Director shall be appointed by the Chairperson of the Council, subject to confirmation of the Council. The Director may be paid with nonappropriated funds, and, if paid with appropriated funds shall be paid the rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5. The Director shall report to the Council and its Executive Committee through the Chairperson. The Director shall serve at the pleasure of the Council. ``(b) Appointment of Employees.--The Director shall have authority to-- ``(1) appoint employees in the competitive service subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and general schedule pay rates; ``(2) appoint and fix the compensation (at a rate not to exceed the rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5) of up to three employees notwithstanding any other provision of law; and ``(3) implement the decisions and strategic plan for the Museum, as approved by the Council, and perform such other functions as may be assigned from time-to-time by the Council, the Executive Committee of the Council, or the Chairperson of the Council, consistent with this legislation. ``SEC. 2306. INSURANCE FOR MUSEUM. ``The Museum shall maintain insurance on the memorial museum to cover such risks, in such amount, and containing such terms and conditions as the Museum deems necessary. ``SEC. 2307. GIFTS, BEQUESTS, AND DEVISES OF PROPERTY; TAX TREATMENT. ``The Museum may solicit, and the Museum may accept, hold, administer, invest, and use gifts, bequests, and devises of property, both real and personal, and all revenues received or generated by the Museum to aid or facilitate the operation and maintenance of the memorial museum. Property may be accepted pursuant to this section, and the property and the proceeds thereof used as nearly as possible in accordance with the terms of the gift, bequest, or devise donating such property. Funds donated to and accepted by the Museum pursuant to this section or otherwise received or generated by the Museum are not to be regarded as appropriated funds and are not subject to any requirements or restrictions applicable to appropriated funds. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift, bequest, or devise to the United States. ``SEC. 2308. ANNUAL REPORT. ``The Director shall transmit to Congress an annual report on the Director's stewardship of the authority to operate and maintain the memorial museum. Such report shall include the following: ``(1) An accounting of all financial transactions involving donated funds. ``(2) A description of the extent to which the objectives of this chapter are being met. ``(3) An examination of future major endeavors, initiatives, programs, or activities that the Museum proposes to undertake to better fulfill the objectives of this chapter. ``(4) An examination of the Federal role in the funding of the Museum and its activities, and any changes that may be warranted. ``SEC. 2309. AUDIT OF FINANCIAL TRANSACTIONS. ``Financial transactions of the Museum, including those involving donated funds, shall be audited by the Comptroller General as requested by Congress, in accordance with generally accepted auditing standards. In conducting any audit pursuant to this section, appropriate representatives of the Comptroller General shall have access to all books, accounts, financial records, reports, files and other papers, items or property in use by the Museum, as necessary to facilitate such audit, and such representatives shall be afforded full facilities for verifying transactions with the balances. ``SEC. 2310. AUTHORIZATION OF APPROPRIATIONS. ``To carry out the purposes of this chapter, there are authorized to be appropriated such sums as may be necessary. Notwithstanding any other provision of law, none of the funds authorized to carry out this chapter may be made available for construction. Authority to enter into contracts and to make payments under this chapter, using funds authorized to be appropriated under this chapter, shall be effective only to the extent, and in such amounts, as provided in advance in appropriations Acts.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Continues the Council, but transfers some of its functions to the Museum. Directs the Chairperson of the Council to appoint a Museum Director who will be the Museum's chief executive officer and serve at the Council's pleasure. Requires the Museum Director's annual report to Congress to include an examination of the Federal role in the funding of the Museum and its activities, and any changes that may be warranted.

To authorize appropriations for the United States Holocaust Memorial Museum, and for other purposes.

<SECTION-HEADER> AMENDMENT. Chapter 23 of title 36, United States Code, is amended to read as follows: "CHAPTER 23 UNITED STATES HOLOCAUST MEMORIAL MUSEUM "Section2301. Establishment of the United States Holocaust Memorial Museum, functions. "Section2302. Functions of the Council, membership. "Section2303. Compensation, travel expenses. Full-time officers or employees of United States or Members of Congress. "Section2304. Administrative provisions. "Section2305. Staff. "Section2306. Insurance for museum. "Section2307. Gifts, bequests, and devises of property. Tax treatment. "Section2308. Annual report. "Section2309. Audit of financial transactions. "Section2310. Authorization of appropriations. "Section 2301. ESTABLISHMENT OF THE UNITED STATES HOLOCAUST MEMORIAL MUSEUM. FUNCTIONS. "The United States Holocaust Memorial Museum is an independent establishment of the United State Government. The Museum shall provide for appropriate ways for the Nation to commemorate the Days of Remembrance, as an annual, national, civic commemoration of the Holocaust, and encourage and sponsor appropriate observances of such Days of Remembrance throughout the United States. Operate and maintain a permanent living memorial museum to the victims of the Holocaust, in cooperation with the Secretary of the Interior and other Federal agencies as provided in section 2306 of this title. And carry out the recommendations of the President's Commission on the Holocaust in its report to the President of September 27, 1979, to the extent such recommendations are not otherwise provided for in this chapter. "Section 2302. FUNCTIONS OF THE COUNCIL. MEMBERSHIP. In General. The United States Holocaust Memorial Council shall be the board of trustees of the Museum and shall have overall governance responsibility for the Museum, including policy guidance and strategic direction, general oversight of Museum operations, and fiduciary responsibility. The Council shall establish an Executive Committee which shall exercise ongoing governance responsibility when the Council is not in session. Composition of Council, Appointment. Vacancies. The Council shall consist of 65 voting members appointed by the President and the following ex officio nonvoting members: One appointed by the Secretary of the Interior. One appointed by the Secretary of State. One appointed by the Secretary of Education. Of the 65 voting members, five shall be appointed by the Speaker of the United States House of Representatives from among Members of the United States House of Representatives and five shall be appointed by the President pro tempore of the United States Senate upon the recommendation of the majority and minority leaders from among Members of the United States Senate. Any vacancy in the Council shall be filled in the same manner as the original appointment was made. Term of Office. Except as otherwise provided in this subsection, Council members shall serve for 5-year terms. The terms of the five Members of the United States House of Representatives and the five Members of the United States Senate appointed during any term of Congress shall expire at the end of such term of Congress. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member, other than a Member of Congress appointed by the Speaker of the United States House of Representatives or the President pro tempore of the United States Senate, may serve after the expiration of his term until his successor has taken office. Chairperson and Vice Chairperson. Term of Office. The Chairperson and Vice Chairperson of the Council shall be appointed by the President from among the members of the Council and such Chairperson and Vice Chairperson shall each serve for terms of 5 years. Reappointment. Members whose terms expire may be reappointed, and the Chairperson and Vice Chairperson may be reappointed to those offices. Bylaws. The Council shall adopt bylaws to carry out its functions under this chapter. The Chairperson may waive a bylaw when the Chairperson decides that waiver is in the best interest of the Council. Immediately after waiving a bylaw, the Chairperson shall send written notice of the waiver to every voting member of the Council. The waiver becomes final 30 days after the notice is sent unless a majority of Council members disagree in writing before the end of the 30-day period. Quorum. One-third of the members of the Council shall constitute a quorum, and any vacancy in the Council shall not affect its powers to function. Associated Committees. Subject to appointment by the Chairperson, an individual who is not a member of the Council may be designated as a member of a committee associated with the Council. Such an individual shall serve without cost to the Federal Government. "Section 2303. COMPENSATION, TRAVEL EXPENSES. FULL-TIME OFFICERS OR EMPLOYEES OF UNITED STATES OR MEMBERS OF CONGRESS. In General. Except as provided in subsection (b) of this section, members of the Council are each authorized to be paid the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5, for each day during which they are engaged in the actual performance of duties of the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5. Exception. Members of the Council who are full-time officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Council. "Section 2304. ADMINISTRATIVE PROVISIONS. Experts and Consultants. The Museum may obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, at rates not to exceed the daily equivalent of the annual rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5. Authority To Contract. The Museum may, in accordance with applicable law, enter into contracts and other arrangements with public agencies and with private organizations and persons and may make such payments as may be necessary to carry out its functions under this chapter. Assistance From Other Federal Departments and Agencies. The Secretary of the Smithsonian Institution, the Library of Congress, and the heads of all executive branch departments, agencies, and establishments of the United States may assist the Museum in the performance of its functions under this chapter. Administrative Services and Support. The Secretary of the Interior may provide administrative services and support to the Museum on a reimbursable basis. "Section 2305. STAFF. Establishment of the Museum Director as Chief Executive Officer. There shall be a director of the Museum who shall serve as chief executive officer of the Museum and exercise day-to-day authority for the Museum. The Director shall be appointed by the Chairperson of the Council, subject to confirmation of the Council. The Director may be paid with nonappropriated funds, and, if paid with appropriated funds shall be paid the rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5. The Director shall report to the Council and its Executive Committee through the Chairperson. The Director shall serve at the pleasure of the Council. Appointment of Employees. The Director shall have authority to appoint employees in the competitive service subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and general schedule pay rates. Appoint and fix the compensation of up to three employees notwithstanding any other provision of law. And implement the decisions and strategic plan for the Museum, as approved by the Council, and perform such other functions as may be assigned from time-to-time by the Council, the Executive Committee of the Council, or the Chairperson of the Council, consistent with this legislation. "Section 2306. INSURANCE FOR MUSEUM. "The Museum shall maintain insurance on the memorial museum to cover such risks, in such amount, and containing such terms and conditions as the Museum deems necessary. "Section 2307. GIFTS, BEQUESTS, AND DEVISES OF PROPERTY. TAX TREATMENT. "The Museum may solicit, and the Museum may accept, hold, administer, invest, and use gifts, bequests, and devises of property, both real and personal, and all revenues received or generated by the Museum to aid or facilitate the operation and maintenance of the memorial museum. Property may be accepted pursuant to this section, and the property and the proceeds thereof used as nearly as possible in accordance with the terms of the gift, bequest, or devise donating such property. Funds donated to and accepted by the Museum pursuant to this section or otherwise received or generated by the Museum are not to be regarded as appropriated funds and are not subject to any requirements or restrictions applicable to appropriated funds. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift, bequest, or devise to the United States. "Section 2308. ANNUAL REPORT. "The Director shall transmit to Congress an annual report on the Director's stewardship of the authority to operate and maintain the memorial museum. Such report shall include the following: An accounting of all financial transactions involving donated funds. A description of the extent to which the objectives of this chapter are being met. An examination of future major endeavors, initiatives, programs, or activities that the Museum proposes to undertake to better fulfill the objectives of this chapter. An examination of the Federal role in the funding of the Museum and its activities, and any changes that may be warranted. "Section 2309. AUDIT OF FINANCIAL TRANSACTIONS. "Financial transactions of the Museum, including those involving donated funds, shall be audited by the Comptroller General as requested by Congress, in accordance with generally accepted auditing standards. In conducting any audit pursuant to this section, appropriate representatives of the Comptroller General shall have access to all books, accounts, financial records, reports, files and other papers, items or property in use by the Museum, as necessary to facilitate such audit, and such representatives shall be afforded full facilities for verifying transactions with the balances. "Section 2310. AUTHORIZATION OF APPROPRIATIONS. "To carry out the purposes of this chapter, there are authorized to be appropriated such sums as may be necessary. Notwithstanding any other provision of law, none of the funds authorized to carry out this chapter may be made available for construction. Authority to enter into contracts and to make payments under this chapter, using funds authorized to be appropriated under this chapter, shall be effective only to the extent, and in such amounts, as provided in advance in appropriations Acts.". Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Continues the Council, but transfers some of its functions to the Museum. Directs the Chairperson of the Council to appoint a Museum Director who will be the Museum's chief executive officer and serve at the Council's pleasure. Requires the Museum Director's annual report to Congress to include an examination of the Federal role in the funding of the Museum and its activities, and any changes that may be warranted.

To authorize appropriations for the United States Holocaust Memorial Museum, and for other purposes.

104_hr1079

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smithsonian Institution Sesquicentennial Commemorative Coin Act''. SEC. 2. 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 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 800,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the scientific, educational, and cultural significance and importance of the Smithsonian Institution and shall include the following words from the original bequest of James Smithson: ``for the increase and diffusion of knowledge''. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1996''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Smithsonian Institution and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on August 10, 1996, and ending on August 9, 1997. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--Except as provided in subsection (b), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Smithsonian Institution for the purpose of supporting programming related to the 150th anniversary and general activities of the Smithsonian Institution. (b) National Numismatic Collection.--Not less than 15 percent of the total amount paid to the Smithsonian Institution under subsection (a) shall be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Smithsonian Institution as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution to support programming related to the 150th anniversary and general activities of the Smithsonian Institution. And (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.

Smithsonian Institution Sesquicentennial Commemorative Coin Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Smithsonian Institution Sesquicentennial Commemorative Coin Act". <SECTION-HEADER> COIN SPECIFICATIONS. Denominations. The Secretary of the Treasury shall mint and issue the following coins: $5 gold coins. Not more than 100,000 $5 coins, which shall weigh 8.359 grams, have a diameter of 0.850 inches. And contain 90 percent gold and 10 percent alloy. $1 silver coins. Not more than 800,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches. And contain 90 percent silver and 10 percent copper. Legal Tender. The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. Numismatic Items. For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. <SECTION-HEADER> SOURCES OF BULLION. Gold. The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. Silver. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. <SECTION-HEADER> DESIGN OF COINS. Design Requirements. In general. The design of the coins minted under this Act shall be emblematic of the scientific, educational, and cultural significance and importance of the Smithsonian Institution and shall include the following words from the original bequest of James Smithson: "for the increase and diffusion of knowledge". Designation and inscriptions. On each coin minted under this Act there shall be a designation of the value of the coin, an inscription of the year "1996". And inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". Selection. The design for the coins minted under this Act shall be selected by the Secretary after consultation with the Smithsonian Institution and the Commission of Fine Arts. And reviewed by the Citizens Commemorative Coin Advisory Committee. <SECTION-HEADER> ISSUANCE OF COINS. Quality of Coins. Coins minted under this Act shall be issued in uncirculated and proof qualities. Mint Facility. Only one facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. Period for Issuance. The Secretary may issue coins minted under this Act only during the period beginning on August 10, 1996, and ending on August 9, 1997. <SECTION-HEADER> SALE OF COINS. Sale Price. The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins. The surcharge provided in subsection (d) with respect to such coins. And the cost of designing and issuing the coins . Bulk Sales. The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. Prepaid Orders. In general. The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. Discount. Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. Surcharges. All sales shall include a surcharge of $35 per coin for the $5 coin. And $10 per coin for the $1 coin. <SECTION-HEADER> GENERAL WAIVER OF PROCUREMENT REGULATIONS. In General. Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. Equal Employment Opportunity. Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. <SECTION-HEADER> DISTRIBUTION OF SURCHARGES. In General. Except as provided in subsection (b), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Smithsonian Institution for the purpose of supporting programming related to the 150th anniversary and general activities of the Smithsonian Institution. National Numismatic Collection. Not less than 15 percent of the total amount paid to the Smithsonian Institution under subsection shall be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History. Audits. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Smithsonian Institution as may be related to the expenditures of amounts paid under subsection (a). <SECTION-HEADER> FINANCIAL ASSURANCES. No Net Cost to the Government. The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. Payment for Coins. A coin shall not be issued under this Act unless the Secretary has received full payment for the coin. Security satisfactory to the Secretary to indemnify the United States for full payment. Or a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution to support programming related to the 150th anniversary and general activities of the Smithsonian Institution. And (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.

Smithsonian Institution Sesquicentennial Commemorative Coin Act

112_hr6108

SECTION 1. REDUCTION IN PAY OF MEMBERS WHO MISS VOTES BECAUSE OF CAMPAIGNING FOR ELECTION TO OTHER OFFICE. (a) Reduction in Pay.--Section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is amended-- (1) in paragraph (1), in the matter following subparagraph (C), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Reduction in pay of members missing votes because of campaigning for election to other office.-- ``(A) Members of the house.-- ``(i) Reduction.--If during a Congress a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) is a candidate for election to any office other than the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the rate of pay otherwise applicable to the Member for any month during that Congress shall be reduced by the Member's missed vote percentage for the most recent month prior to that month. ``(ii) Missed vote percentage defined.--In this paragraph, the `missed vote percentage' of a Member of the House of Representatives described in clause (i) with respect to any month is equal to the percentage of votes taken in the House of Representatives during that month (including votes taken in the Committee of the Whole House on the State of the Union) for which the Member did not cast a vote because the Member was absent from the House on the day the vote was taken, unless on such day the Member did not engage in any campaign- related activity for the election described in clause (i). ``(iii) Duties of clerk.--The Clerk of the House of Representatives shall-- ``(I) consult with the Federal Election Commission on an ongoing basis to determine which Members (if any) are candidates for election to any office other than the office of Representative in, or Delegate or Resident Commissioner to, the Congress; and ``(II) provide the Chief Administrative Officer of the House of Representatives with such information as the Chief Administrative Officer may require in order to carry out this subparagraph. ``(B) Senators.-- ``(i) Reduction.--If during a Congress a Senator is a candidate for election to any office other than the office of Senator, the rate of pay otherwise applicable to the Senator for any month during that Congress shall be reduced by the Senator's missed vote percentage for the most recent month prior to that month. ``(ii) Missed vote percentage defined.--In this paragraph, the `missed vote percentage' of a Senator described in clause (i) with respect to any month is equal to the percentage of votes taken in the Senate during that month for which the Senator did not cast a vote because the Senator was absent from the Senate on the day the vote was taken, unless on such day the Senator did not engage in any campaign-related activity for the election described in clause (i). ``(iii) Duties of secretary.--The Secretary of the Senate shall consult with the Federal Election Commission on an ongoing basis to determine which Senators (if any) are candidates for election to any office other than the office of Senator. ``(C) Transfer of funds to reduce the public debt.--For each fiscal year, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the account established by section 3113(d) of title 31, United States Code, an amount equal to the difference between the aggregate amount expended for the pay of Members of Congress for the fiscal year and the aggregate amount that would have been expended for the pay of Members of Congress for the fiscal year but for the operation of this paragraph.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2013.

Amends the Legislative Reorganization Act of 1946 to reduce the rate of pay otherwise applicable to Members of Congress for any month, during a Congress, by the Member's missed vote percentage for the most recent month before such month if the individual missed votes because of campaigning for election to another office. Applies this requirement to a vote taken in the Committee of the Whole House on the State of the Union unless the Member of the House of Representatives did not engage in any campaign-related activity on the date of the vote. Requires the Secretary of the Treasury to transfer from the general fund of the Treasury to a specified mandatory account to reduce the public debt the difference between the aggregate amount expended for pay of Members of Congress for the fiscal year and the aggregate amount that would have been expended but for the reduction in pay.

To reduce the pay of Members of Congress who miss votes because of campaigning for election to another office.

<SECTION-HEADER> REDUCTION IN PAY OF MEMBERS WHO MISS VOTES BECAUSE OF CAMPAIGNING FOR ELECTION TO OTHER OFFICE. Reduction in Pay. Section 601(a) of the Legislative Reorganization Act of 1946 is amended in paragraph (1), in the matter following subparagraph , by striking "paragraph (2)" and inserting "paragraphs and (3)". And by adding at the end the following new paragraph: Reduction in pay of members missing votes because of campaigning for election to other office. Members of the house. Reduction. If during a Congress a Member of the House of Representatives is a candidate for election to any office other than the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the rate of pay otherwise applicable to the Member for any month during that Congress shall be reduced by the Member's missed vote percentage for the most recent month prior to that month. Missed vote percentage defined. In this paragraph, the `missed vote percentage' of a Member of the House of Representatives described in clause (i) with respect to any month is equal to the percentage of votes taken in the House of Representatives during that month for which the Member did not cast a vote because the Member was absent from the House on the day the vote was taken, unless on such day the Member did not engage in any campaign- related activity for the election described in clause (i). Duties of clerk. The Clerk of the House of Representatives shall consult with the Federal Election Commission on an ongoing basis to determine which Members are candidates for election to any office other than the office of Representative in, or Delegate or Resident Commissioner to, the Congress. And provide the Chief Administrative Officer of the House of Representatives with such information as the Chief Administrative Officer may require in order to carry out this subparagraph. Senators. Reduction. If during a Congress a Senator is a candidate for election to any office other than the office of Senator, the rate of pay otherwise applicable to the Senator for any month during that Congress shall be reduced by the Senator's missed vote percentage for the most recent month prior to that month. Missed vote percentage defined. In this paragraph, the `missed vote percentage' of a Senator described in clause (i) with respect to any month is equal to the percentage of votes taken in the Senate during that month for which the Senator did not cast a vote because the Senator was absent from the Senate on the day the vote was taken, unless on such day the Senator did not engage in any campaign-related activity for the election described in clause . Duties of secretary. The Secretary of the Senate shall consult with the Federal Election Commission on an ongoing basis to determine which Senators are candidates for election to any office other than the office of Senator. Transfer of funds to reduce the public debt. For each fiscal year, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the account established by section 3113(d) of title 31, United States Code, an amount equal to the difference between the aggregate amount expended for the pay of Members of Congress for the fiscal year and the aggregate amount that would have been expended for the pay of Members of Congress for the fiscal year but for the operation of this paragraph.". Effective Date. The amendment made by subsection (a) shall take effect January 1, 2013.

Amends the Legislative Reorganization Act of 1946 to reduce the rate of pay otherwise applicable to Members of Congress for any month, during a Congress, by the Member's missed vote percentage for the most recent month before such month if the individual missed votes because of campaigning for election to another office. Applies this requirement to a vote taken in the Committee of the Whole House on the State of the Union unless the Member of the House of Representatives did not engage in any campaign-related activity on the date of the vote. Requires the Secretary of the Treasury to transfer from the general fund of the Treasury to a specified mandatory account to reduce the public debt the difference between the aggregate amount expended for pay of Members of Congress for the fiscal year and the aggregate amount that would have been expended but for the reduction in pay.

To reduce the pay of Members of Congress who miss votes because of campaigning for election to another office.

104_hr3248

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Programs Amendments of 1996''. SEC. 2. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CARCINOMA IS SERVICE- CONNECTED. Section 1112(c)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(P) Bronchiolo-alveolar carcinoma.''. SEC. 3. PRESUMPTION OF PERMANENT AND TOTAL DISABILITY FOR VETERANS OVER AGE 65 WHO ARE NURSING HOME PATIENTS. Section 1502(a) of title 38, United States Code, is amended by inserting ``is 65 years of age or older and a patient in a nursing home or, regardless of age,'' after ``such a person''. SEC. 4. PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR DISABILITY EXAMINATIONS. (a) Authority.--The Secretary of Veterans Affairs may conduct a pilot program under this section under which examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary that are carried out through the Under Secretary for Benefits may be made by persons other than employees of the Department of Veterans Affairs pursuant to contracts entered into with those persons. (b) Limitation.--The Secretary may carry out the pilot program under this section through not more than 10 regional offices of the Department of Veterans Affairs. (c) Source of Funds.--Payments for contracts under the pilot program under this section shall be made from amounts available to the Secretary of Veterans Affairs for payment of examinations of applicants for benefits. (d) Report to Congress.--Not later than three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effect of the use of the authority provided by subsection (a) on the timeliness and thoroughness of medical disability examinations. SEC. 5. INCREASE IN AUTOMOBILE ALLOWANCE. (a) In General.--Section 3902(a) of title 38, United States Code, is amended by striking out ``$5,500'' and inserting in lieu thereof ``$6,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to purchases of automobiles and other conveyances on or after the date of the enactment of this Act. SEC. 6. EFFECTIVE DATE OF DISCONTINUANCE OF CERTAIN VETERANS' BENEFITS BY REASON OF DEATH OF RECIPIENT. (a) In General.--Section 5112(b)(1) of title 38, United States Code, is amended to read as follows: ``(1) by reason of-- ``(A) the marriage or remarriage of the payee, shall be the last day of the month before the month during which such marriage or remarriage occurs; and ``(B) the death of the payee, shall be (i) the last day of the month before the month during which the death occurs, or (ii) in the case of a payee who was in receipt of compensation or pension and who has a surviving spouse, the date on which the death occurs;''. (b) Payment of Benefit for Final Month.--Section 5112 of such title is further amended by adding at the end the following new subsection: ``(d) In the case of discontinuance of payment of compensation or pension covered by subsection (b)(1)(B)(ii), the payment for the final calendar month (or any portion thereof) for which such benefit is payable shall (notwithstanding any other provision of law) be payable to the surviving spouse.''. (c) Commencement Date for DIC.--Section 5110(d) of such title is amended by adding at the end the following new paragraph: ``(3) Notwithstanding paragraph (1), the effective date of an award of dependency and indemnity compensation for which application is received within one year from the date of death shall, in the case of a surviving spouse to whom an amount is payable pursuant to section 5111(d) of this title, be the day following the date on which the death occurred.''. (d) Effective Date.--The amendments made by this section shall apply with respect to the death of compensation and pension recipients occurring after October 1, 1998. SEC. 7. INCREASE IN PERIOD FOR WHICH ACCRUED BENEFITS PAYABLE. Section 5121(a) of title 38, United States Code, is amended by striking out ``one year'' in the matter preceding paragraph (1) and inserting in lieu thereof ``two years''. SEC. 8. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED VETERANS. (a) Pro Rata Reduction.--Chapter 53 of title 38, United States Code, is amended by inserting after section 5313 the following new section: ``Sec. 5313A. Limitation on payment of clothing allowance to incarcerated veterans ``In the case of a veteran who is incarcerated in a Federal, State, or local penal institution for a period in excess of 60 days and who is furnished clothing without charge by the institution, the amount of an annual clothing allowance payable to such veteran under section 1162 of this title shall be reduced on a pro rata basis for each day on which the veteran was so incarcerated during the 12-month period preceding the date on which payment of the allowance would be due. This section shall be carried out under regulations prescribed by the Secretary.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5313 the following new item: ``5313A. Limitation on payment of clothing allowance to incarcerated veterans.''. SEC. 9. REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORIALS. Section 5(b)(2) of the Act of March 4, 1923 (36 U.S.C. 125(b)(2)), is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following: ``(B) In assuming responsibility for a war memorial under paragraph (1), the Commission may enter into arrangements with the sponsors of the memorial to provide for the repair or long-term maintenance of the memorial. Any funds transferred to the Commission for the purpose of this subparagraph shall, in lieu of subparagraph (A), be deposited by the Commission in the fund established by paragraph (3). ``(3)(A) There is established in the Treasury a fund which shall be available to the Commission for expenses for the maintenance and repair of memorials with respect to which the Commission enters into arrangements under paragraph (2)(B). The fund shall consist of (i) amounts deposited, and interest and proceeds credited, under subparagraph (B), and (ii) obligations obtained under subparagraph (C). ``(B) The Commission shall deposit in the fund such amounts from private contributions as may be accepted under paragraph (2)(B). The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. ``(C) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Commission, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Commission, has a maturity suitable for the fund.''.

Veterans Programs Amendments of 1996 - Adds bronchiolo-alveolar carcinoma to the list of diseases that will be considered service-connected when occurring in a radiation-exposed veteran. Considers any veteran age 65 or older and a patient in a nursing home as totally and permanently disabled for purposes of eligibility for veterans' disability compensation. Authorizes the Secretary of Veterans Affairs to conduct a pilot program under which veterans' medical disability evaluation examinations may be made under contract by persons other than employees of the Department of Veterans Affairs. Requires the Secretary to report to the Congress on the program's effect on the timeliness and thoroughness of such examinations. Increases from $5,500 to $6,000 the authorized automobile allowance provided to a disabled veteran when used to purchase an automobile containing adaptive equipment. Provides the effective dates for: (1) the discontinuance of veterans' disability compensation, dependency and indemnity compensation, or pension benefits due to the remarriage of the beneficiary or the death of the payee. And (2) the award of DIC for which application is received within one year from the date of death of a veteran. Increases from one to two years after the death of a primary beneficiary the authorized period for the payment of certain accrued veterans' benefits. Reduces on a prorated basis the annual clothing allowance payable to certain disabled veterans who are incarcerated for a period in excess of 60 days and furnished clothing without charge by the penal institution. Authorizes the American Battle Monuments Commission to enter into arrangements for the repair and long-term maintenance of war memorials for which the Commission assumes responsibility. Establishes in the Treasury a fund for such repair and maintenance expenses.

Veterans Programs Amendments of 1996

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Veterans Programs Amendments of 1996". <SECTION-HEADER> PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CARCINOMA IS SERVICE- CONNECTED. Section 1112(c)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: Bronchiolo-alveolar carcinoma.". <SECTION-HEADER> PRESUMPTION OF PERMANENT AND TOTAL DISABILITY FOR VETERANS OVER AGE 65 WHO ARE NURSING HOME PATIENTS. Section 1502(a) of title 38, United States Code, is amended by inserting "is 65 years of age or older and a patient in a nursing home or, regardless of age," after "such a person". <SECTION-HEADER> PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR DISABILITY EXAMINATIONS. Authority. The Secretary of Veterans Affairs may conduct a pilot program under this section under which examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary that are carried out through the Under Secretary for Benefits may be made by persons other than employees of the Department of Veterans Affairs pursuant to contracts entered into with those persons. Limitation. The Secretary may carry out the pilot program under this section through not more than 10 regional offices of the Department of Veterans Affairs. Source of Funds. Payments for contracts under the pilot program under this section shall be made from amounts available to the Secretary of Veterans Affairs for payment of examinations of applicants for benefits. Report to Congress. Not later than three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effect of the use of the authority provided by subsection on the timeliness and thoroughness of medical disability examinations. <SECTION-HEADER> INCREASE IN AUTOMOBILE ALLOWANCE. In General. Section 3902(a) of title 38, United States Code, is amended by striking out "$5,500" and inserting in lieu thereof "$6,000". Effective Date. The amendment made by subsection (a) shall apply with respect to purchases of automobiles and other conveyances on or after the date of the enactment of this Act. <SECTION-HEADER> EFFECTIVE DATE OF DISCONTINUANCE OF CERTAIN VETERANS' BENEFITS BY REASON OF DEATH OF RECIPIENT. In General. Section 5112(b)(1) of title 38, United States Code, is amended to read as follows: by reason of the marriage or remarriage of the payee, shall be the last day of the month before the month during which such marriage or remarriage occurs. And the death of the payee, shall be (i) the last day of the month before the month during which the death occurs, or (ii) in the case of a payee who was in receipt of compensation or pension and who has a surviving spouse, the date on which the death occurs. ". Payment of Benefit for Final Month. Section 5112 of such title is further amended by adding at the end the following new subsection: In the case of discontinuance of payment of compensation or pension covered by subsection (b)(1)(B)(ii), the payment for the final calendar month for which such benefit is payable shall be payable to the surviving spouse.". Commencement Date for DIC. Section 5110(d) of such title is amended by adding at the end the following new paragraph: Notwithstanding paragraph (1), the effective date of an award of dependency and indemnity compensation for which application is received within one year from the date of death shall, in the case of a surviving spouse to whom an amount is payable pursuant to section 5111(d) of this title, be the day following the date on which the death occurred.". Effective Date. The amendments made by this section shall apply with respect to the death of compensation and pension recipients occurring after October 1, 1998. <SECTION-HEADER> INCREASE IN PERIOD FOR WHICH ACCRUED BENEFITS PAYABLE. Section 5121(a) of title 38, United States Code, is amended by striking out "one year" in the matter preceding paragraph (1) and inserting in lieu thereof "two years". <SECTION-HEADER> LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED VETERANS. Pro Rata Reduction. Chapter 53 of title 38, United States Code, is amended by inserting after section 5313 the following new section: "Section 5313A. Limitation on payment of clothing allowance to incarcerated veterans "In the case of a veteran who is incarcerated in a Federal, State, or local penal institution for a period in excess of 60 days and who is furnished clothing without charge by the institution, the amount of an annual clothing allowance payable to such veteran under section 1162 of this title shall be reduced on a pro rata basis for each day on which the veteran was so incarcerated during the 12-month period preceding the date on which payment of the allowance would be due. This section shall be carried out under regulations prescribed by the Secretary.". Clerical Amendment. The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5313 the following new item: "5313A. Limitation on payment of clothing allowance to incarcerated veterans.". <SECTION-HEADER> REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORIALS. Section 5(b)(2) of the Act of March 4, 1923 (36 USC. 125(b)(2)), is amended by inserting "(A)" after "(2)". And by adding at the end the following: In assuming responsibility for a war memorial under paragraph , the Commission may enter into arrangements with the sponsors of the memorial to provide for the repair or long-term maintenance of the memorial. Any funds transferred to the Commission for the purpose of this subparagraph shall, in lieu of subparagraph (A), be deposited by the Commission in the fund established by paragraph (3). (A) There is established in the Treasury a fund which shall be available to the Commission for expenses for the maintenance and repair of memorials with respect to which the Commission enters into arrangements under paragraph (2)(B). The fund shall consist of (i) amounts deposited, and interest and proceeds credited, under subparagraph (B), and (ii) obligations obtained under subparagraph (C). The Commission shall deposit in the fund such amounts from private contributions as may be accepted under paragraph (2)(B). The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Commission, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Commission, has a maturity suitable for the fund.".

Veterans Programs Amendments of 1996 - Adds bronchiolo-alveolar carcinoma to the list of diseases that will be considered service-connected when occurring in a radiation-exposed veteran. Considers any veteran age 65 or older and a patient in a nursing home as totally and permanently disabled for purposes of eligibility for veterans' disability compensation. Authorizes the Secretary of Veterans Affairs to conduct a pilot program under which veterans' medical disability evaluation examinations may be made under contract by persons other than employees of the Department of Veterans Affairs. Requires the Secretary to report to the Congress on the program's effect on the timeliness and thoroughness of such examinations. Increases from $5,500 to $6,000 the authorized automobile allowance provided to a disabled veteran when used to purchase an automobile containing adaptive equipment. Provides the effective dates for: (1) the discontinuance of veterans' disability compensation, dependency and indemnity compensation, or pension benefits due to the remarriage of the beneficiary or the death of the payee. And (2) the award of DIC for which application is received within one year from the date of death of a veteran. Increases from one to two years after the death of a primary beneficiary the authorized period for the payment of certain accrued veterans' benefits. Reduces on a prorated basis the annual clothing allowance payable to certain disabled veterans who are incarcerated for a period in excess of 60 days and furnished clothing without charge by the penal institution. Authorizes the American Battle Monuments Commission to enter into arrangements for the repair and long-term maintenance of war memorials for which the Commission assumes responsibility. Establishes in the Treasury a fund for such repair and maintenance expenses.

Veterans Programs Amendments of 1996

103_hr3845

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) cigarette smoking and the use of smokeless tobacco products continue to represent major health hazards to the Nation, causing approximately 434,000 deaths each year; (2) cigarette smoking continues to be the single most preventable cause of death and disability in the United States; (3) tobacco products contain hazardous additives, gases, and other chemical constituents dangerous to health; (4) the use of tobacco products costs the United States more than $60,000,000,000 in lost productivity and health care costs; (5) tobacco products contain nicotine, a poisonous, addictive drug; (6) despite the known adverse health effects associated with tobacco, it remains one of the least regulated consumer products and is readily available to children and adolescents throughout the United States; (7) 90 percent of adult smokers start smoking in adolescence or childhood and continue to smoke throughout their adult lives; (8) each day, more than 3,000 children and adolescents start smoking and collectively consume nearly one billion packs of cigarettes per year; (9) reliable studies indicate that tobacco is a gateway to other, increasingly more harmful drugs, and that tobacco use continues after use of other drugs begins; and (10) the Congress of the United States has a major policy setting role in ensuring that the use of tobacco products among minors is discouraged to the maximum extent possible. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Federal agency'' means-- (A) an Executive agency as defined in section 105 of title 5, United States Code; and (B) each entity specified in paragraphs (B) through (H) of section 5721(1) of title 5, United States Code; (2) the term ``Federal building'' means-- (A) any building or other structure owned in whole or in part by the United States or any Federal agency, including any such structure occupied by a Federal agency under a lease agreement; and (B) includes the real property on which such building is located; (3) the term ``minor'' means an individual under the age of 18 years; and (4) the term ``tobacco product'' means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco. SEC. 4. TOBACCO PRODUCTS VENDING MACHINE AND FREE SAMPLE BAN IN FEDERAL BUILDINGS. (a) In General.--No later than 45 days after the date of the enactment of this Act, the Administrator of General Services and the head of each Federal agency shall promulgate regulations that prohibit-- (1) the sale of tobacco products in vending machines located in or around any Federal building under the jurisdiction of the Administrator or such agency head; and (2) the distribution of free samples of tobacco products in or around any Federal building under the jurisdiction of the Administrator or such agency head. (b) Exception.--The Administrator of General Services or the head of an agency, as appropriate, may designate areas not subject to the provisions of subsection (a), if such area also prohibits the presence of minors. (c) Jurisdiction of Federal Buildings and Administration.--The provisions of this section shall be carried out-- (1) by the Administrator of General Services for any Federal building which is maintained, leased, or has title of ownership vested in the General Services Administration; or (2) by the head of a Federal agency for any Federal building which is maintained, leased, or has title of ownership vested in such agency. SEC. 5. COMPLIANCE REPORT. No later than 90 days after the date of enactment of this Act, the Administrator of General Services and each head of an agency shall prepare and submit, to the appropriate committees of Congress, a report that shall contain-- (1) verification that the Administrator or such head of an agency is in compliance with this Act; and (2) a detailed list of the location of all tobacco product vending machines located in Federal buildings under the administration of the Administrator or such head of an agency. SEC. 6. APPLICATION TO THE UNITED STATES CAPITOL AND GROUNDS. (a) In General.--No later than 45 days after the date of the enactment of this Act, the Senate Committee on Rules and Administration and the House of Representatives Committee on House Administration, after consultation with the Architect of the Capitol, shall promulgate regulations that-- (1) prohibit the sale of tobacco products in vending machines in the Capitol Buildings; and (2) prohibit the distribution of free samples of tobacco products in the Capitol Buildings. (b) Exception.--Such committees may designate areas where such prohibition shall not apply, if such area also prohibits the presence of minors. (c) Definition.--For the purpose of this section the term ``Capitol Buildings'' shall have the same meaning as such term is defined under section 16(a)(1) of the Act entitled ``An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes'', approved July 31, 1946 (40 U.S.C. 193m(1)). SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as restricting the authority of the Administrator of General Services or the head of an agency to limit tobacco product use in or around any Federal building, except as provided under section 4(a).

Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act - Requires the Administrator of the General Services Administration and the head of each Federal agency to promulgate regulations that prohibit the sale of tobacco products in vending machines and the distribution of free samples of tobacco products in or around any Federal building under their jurisdiction. Sets forth similar requirements pertaining to the Capitol Buildings and grounds.

Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act". <SECTION-HEADER> FINDINGS. The Congress finds that cigarette smoking and the use of smokeless tobacco products continue to represent major health hazards to the Nation, causing approximately 434,000 deaths each year. Cigarette smoking continues to be the single most preventable cause of death and disability in the United States. Tobacco products contain hazardous additives, gases, and other chemical constituents dangerous to health. The use of tobacco products costs the United States more than $60,000,000,000 in lost productivity and health care costs, tobacco products contain nicotine, a poisonous, addictive drug. Despite the known adverse health effects associated with tobacco, it remains one of the least regulated consumer products and is readily available to children and adolescents throughout the United States. 90 percent of adult smokers start smoking in adolescence or childhood and continue to smoke throughout their adult lives. Each day, more than 3,000 children and adolescents start smoking and collectively consume nearly one billion packs of cigarettes per year. Reliable studies indicate that tobacco is a gateway to other, increasingly more harmful drugs, and that tobacco use continues after use of other drugs begins. And the Congress of the United States has a major policy setting role in ensuring that the use of tobacco products among minors is discouraged to the maximum extent possible. <SECTION-HEADER> DEFINITIONS. As used in this Act the term "Federal agency" means an Executive agency as defined in section 105 of title 5, United States Code. And each entity specified in paragraphs (B) through of section 5721(1) of title 5, United States Code. The term "Federal building" means any building or other structure owned in whole or in part by the United States or any Federal agency, including any such structure occupied by a Federal agency under a lease agreement. And includes the real property on which such building is located. The term "minor" means an individual under the age of 18 years. And the term "tobacco product" means cigarettes, cigars, little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing tobacco. <SECTION-HEADER> TOBACCO PRODUCTS VENDING MACHINE AND FREE SAMPLE BAN IN FEDERAL BUILDINGS. In General. No later than 45 days after the date of the enactment of this Act, the Administrator of General Services and the head of each Federal agency shall promulgate regulations that prohibit the sale of tobacco products in vending machines located in or around any Federal building under the jurisdiction of the Administrator or such agency head. And the distribution of free samples of tobacco products in or around any Federal building under the jurisdiction of the Administrator or such agency head. Exception. The Administrator of General Services or the head of an agency, as appropriate, may designate areas not subject to the provisions of subsection (a), if such area also prohibits the presence of minors. Jurisdiction of Federal Buildings and Administration. The provisions of this section shall be carried out by the Administrator of General Services for any Federal building which is maintained, leased, or has title of ownership vested in the General Services Administration. Or by the head of a Federal agency for any Federal building which is maintained, leased, or has title of ownership vested in such agency. <SECTION-HEADER> COMPLIANCE REPORT. No later than 90 days after the date of enactment of this Act, the Administrator of General Services and each head of an agency shall prepare and submit, to the appropriate committees of Congress, a report that shall contain verification that the Administrator or such head of an agency is in compliance with this Act. And a detailed list of the location of all tobacco product vending machines located in Federal buildings under the administration of the Administrator or such head of an agency. <SECTION-HEADER> APPLICATION TO THE UNITED STATES CAPITOL AND GROUNDS. In General. No later than 45 days after the date of the enactment of this Act, the Senate Committee on Rules and Administration and the House of Representatives Committee on House Administration, after consultation with the Architect of the Capitol, shall promulgate regulations that prohibit the sale of tobacco products in vending machines in the Capitol Buildings. And prohibit the distribution of free samples of tobacco products in the Capitol Buildings. Exception. Such committees may designate areas where such prohibition shall not apply, if such area also prohibits the presence of minors. Definition. For the purpose of this section the term "Capitol Buildings" shall have the same meaning as such term is defined under section 16(a)(1) of the Act entitled "An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes", approved July 31, 1946 (40 USC. 193m(1)). <SECTION-HEADER> RULE OF CONSTRUCTION. Nothing in this Act shall be construed as restricting the authority of the Administrator of General Services or the head of an agency to limit tobacco product use in or around any Federal building, except as provided under section 4(a).

Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act - Requires the Administrator of the General Services Administration and the head of each Federal agency to promulgate regulations that prohibit the sale of tobacco products in vending machines and the distribution of free samples of tobacco products in or around any Federal building under their jurisdiction. Sets forth similar requirements pertaining to the Capitol Buildings and grounds.

Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act

105_hr1231

SECTION 1. SHORT TITLE. This Act may be cited as the ``Post Office Relocation Act of 1997''. SEC. 2. GUIDELINES FOR RENOVATION, RELOCATION, CLOSING, OR CONSOLIDATION OF POST OFFICES. Section 404(b) of title 39, United States Code, is amended to read as follows-- ``(b)(1) The Postal Service, prior to making a determination under subsection (a)(3) of this section as to the necessity for the renovation, relocation, closing, or consolidation of any post office, shall provide adequate notice of its intention to renovate, relocate, close, or consolidate such post office at least 60 days prior to the proposed date of such renovation, relocation, closing, or consolidation to persons served by such post office. ``(2) Such notification shall be made in writing and shall be hand delivered or delivered by mail to persons served by such post office, and shall be published in one or more newspapers of general circulation within the zip codes served by such post office. Such notification shall include-- ``(A) an identification of the renovation, relocation, closing, or consolidation; ``(B) a summary of the reasons for the renovation, relocation, closing, or consolidation; and ``(C) the proposed date for the renovation, relocation, renovation, closing, or consolidation. ``(3) Any person served by the post office may offer an alternative renovation, relocation, consolidation, or closing proposal within the 60 day notice period. The Postal Service shall deliver a response in writing by hand delivery or certified mail to the person making the proposal. In a case in which the Postal Service rejects a bona fide proposal, the Postal Service shall state in writing the reasons for the rejection. ``(4) At the end of the 60 day notice period, the Postal Service shall make a determination under subsection (a)(3). Prior to making a final determination, the Postal Service shall conduct a hearing, and persons served by the post office may present oral or written testimony with respect to the renovation, relocation, closing, or consolidation of such post office. The Postal Service, in making a determination as to whether or not to renovate, relocate, close, or consolidate a post office shall consider-- ``(A) the extent to which such post office is part of a core downtown business area; ``(B) the effect of such renovation, relocation, closing, or consolidation on the community served by such post office; ``(C) whether the community served by such post office opposes a renovation, relocation, closing, or consolidation; ``(D) the effect of such renovation, relocation, closing, or consolidation on employees of the Postal Service employed at such office; ``(E) whether such renovation, relocation, closing, or consolidation is consistent with the policy of the Government, as stated in section 101(b) of this title, that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self sustaining; ``(F) the quantified long-term economic saving to the Postal Service resulting from such renovation, relocation, closing, or consolidation; ``(G) whether postal officials engaged in negotiations with persons served by the post office concerning the proposed renovation, relocation, closing, or consolidation; ``(H) whether management of the post office contributed to a desire to relocate; ``(I) the adequacy of the existing post office, and whether all reasonable alternatives have been explored; and ``(J) such other factors as the Postal Service determines are necessary. ``(5) Any determination of the Postal Service to renovate, relocate, close, or consolidate a post office shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (4) of this subsection. Such determination and findings shall be made available to persons served by such post office. ``(6) The Postal Service shall take no action to renovate, relocate, close, or consolidate a post office until 60 days after its written determination is made available to persons served by such post office. ``(7) A determination of the Postal Service to renovate, relocate, close, or consolidate any post office may be appealed by any person served by such post office to the Postal Rate Commission within 30 days after such determination is made available to such person under paragraph (5). The Commission shall review such determination on the basis of the record before the Postal Service in the making of such determination. The Commission shall make a determination based upon such review no later than 120 days after receiving any appeal under this paragraph. The commission shall set aside any determination, findings, and conclusions found to be-- ``(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; ``(B) without observance of procedure required by law; or ``(C) unsupported by substantial evidence on the record. The Commission may affirm the determination of the Postal Service or order that the entire matter be returned for further consideration, but the Commission may not modify the determination of the Postal Service. The Commission may suspend the effectiveness of the determination of the Postal Service until the final disposition of the appeal. The provisions of section 556, section 557, and chapter 7 of title 5 shall not apply to any review carried out by the Commission under this paragraph. ``(8) In a case in which a community has procedures to address the renovation, relocation, closing, or consolidation of buildings in the community, and the public participation requirements of such procedures are more stringent than those provided in this subsection, the Postal Service shall follow such procedures and disregard the procedures established in this subsection. ``(9) The Postal Service, in making a determination to renovate, relocate, close, or consolidate any post office, shall comply with any zoning, planning, or land use regulations, or building codes applicable to State or local public entities, including the zoning authority, of the local jurisdiction.''. SEC. 3. POLICY STATEMENT. Section 101(g) of title 39, United States Code, is amended by adding at the end the following: ``The Postal Service shall also consider the effect a new postal facility may have on the community served by the prior facility.''.

Post Office Relocation Act of 1997 - Modifies Federal postal provisions to require a 60-day notice before the renovation, relocation, closing, or consolidation of a post office. Requires such notice to be: (1) hand delivered or delivered by mail. And (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative renovation, relocation, consolidation, or closing proposal within such 60-day period. And (2) require the Postal Service to conduct a hearing to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to renovate, relocate, close, or consolidate a post office to include: (1) the extent to which the post office is part of a core downtown business area, (2) the sentiment of the community, (3) whether postal officials negotiated with persons served. (4) whether management of the post office contributed to a desire to relocate. And (5) the adequacy of the existing post office. Requires the Postal Service to follow a community's public participation procedures to address the renovation, relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act. Requires the Postal Service, in making a determination to renovate, relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction. Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community.

Post Office Relocation Act of 1997

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Post Office Relocation Act of 1997". <SECTION-HEADER> GUIDELINES FOR RENOVATION, RELOCATION, CLOSING, OR CONSOLIDATION OF POST OFFICES. Section 404(b) of title 39, United States Code, is amended to read as follows (1) The Postal Service, prior to making a determination under subsection (a)(3) of this section as to the necessity for the renovation, relocation, closing, or consolidation of any post office, shall provide adequate notice of its intention to renovate, relocate, close, or consolidate such post office at least 60 days prior to the proposed date of such renovation, relocation, closing, or consolidation to persons served by such post office. Such notification shall be made in writing and shall be hand delivered or delivered by mail to persons served by such post office, and shall be published in one or more newspapers of general circulation within the zip codes served by such post office. Such notification shall include an identification of the renovation, relocation, closing, or consolidation. A summary of the reasons for the renovation, relocation, closing, or consolidation. And the proposed date for the renovation, relocation, renovation, closing, or consolidation. Any person served by the post office may offer an alternative renovation, relocation, consolidation, or closing proposal within the 60 day notice period. The Postal Service shall deliver a response in writing by hand delivery or certified mail to the person making the proposal. In a case in which the Postal Service rejects a bona fide proposal, the Postal Service shall state in writing the reasons for the rejection. At the end of the 60 day notice period, the Postal Service shall make a determination under subsection (a)(3). Prior to making a final determination, the Postal Service shall conduct a hearing, and persons served by the post office may present oral or written testimony with respect to the renovation, relocation, closing, or consolidation of such post office. The Postal Service, in making a determination as to whether or not to renovate, relocate, close, or consolidate a post office shall consider the extent to which such post office is part of a core downtown business area. The effect of such renovation, relocation, closing, or consolidation on the community served by such post office. Whether the community served by such post office opposes a renovation, relocation, closing, or consolidation. The effect of such renovation, relocation, closing, or consolidation on employees of the Postal Service employed at such office. Whether such renovation, relocation, closing, or consolidation is consistent with the policy of the Government, as stated in section 101(b) of this title, that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self sustaining. The quantified long-term economic saving to the Postal Service resulting from such renovation, relocation, closing, or consolidation. Whether postal officials engaged in negotiations with persons served by the post office concerning the proposed renovation, relocation, closing, or consolidation. Whether management of the post office contributed to a desire to relocate. The adequacy of the existing post office, and whether all reasonable alternatives have been explored. And such other factors as the Postal Service determines are necessary. Any determination of the Postal Service to renovate, relocate, close, or consolidate a post office shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (4) of this subsection. Such determination and findings shall be made available to persons served by such post office. The Postal Service shall take no action to renovate, relocate, close, or consolidate a post office until 60 days after its written determination is made available to persons served by such post office. A determination of the Postal Service to renovate, relocate, close, or consolidate any post office may be appealed by any person served by such post office to the Postal Rate Commission within 30 days after such determination is made available to such person under paragraph (5). The Commission shall review such determination on the basis of the record before the Postal Service in the making of such determination. The Commission shall make a determination based upon such review no later than 120 days after receiving any appeal under this paragraph. The commission shall set aside any determination, findings, and conclusions found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law, without observance of procedure required by law. Or unsupported by substantial evidence on the record. The Commission may affirm the determination of the Postal Service or order that the entire matter be returned for further consideration, but the Commission may not modify the determination of the Postal Service. The Commission may suspend the effectiveness of the determination of the Postal Service until the final disposition of the appeal. The provisions of section 556, section 557, and chapter 7 of title 5 shall not apply to any review carried out by the Commission under this paragraph. In a case in which a community has procedures to address the renovation, relocation, closing, or consolidation of buildings in the community, and the public participation requirements of such procedures are more stringent than those provided in this subsection, the Postal Service shall follow such procedures and disregard the procedures established in this subsection. The Postal Service, in making a determination to renovate, relocate, close, or consolidate any post office, shall comply with any zoning, planning, or land use regulations, or building codes applicable to State or local public entities, including the zoning authority, of the local jurisdiction.". <SECTION-HEADER> POLICY STATEMENT. Section 101(g) of title 39, United States Code, is amended by adding at the end the following: "The Postal Service shall also consider the effect a new postal facility may have on the community served by the prior facility.".

Post Office Relocation Act of 1997 - Modifies Federal postal provisions to require a 60-day notice before the renovation, relocation, closing, or consolidation of a post office. Requires such notice to be: (1) hand delivered or delivered by mail. And (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative renovation, relocation, consolidation, or closing proposal within such 60-day period. And (2) require the Postal Service to conduct a hearing to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to renovate, relocate, close, or consolidate a post office to include: (1) the extent to which the post office is part of a core downtown business area, (2) the sentiment of the community, (3) whether postal officials negotiated with persons served. (4) whether management of the post office contributed to a desire to relocate. And (5) the adequacy of the existing post office. Requires the Postal Service to follow a community's public participation procedures to address the renovation, relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act. Requires the Postal Service, in making a determination to renovate, relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction. Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community.

Post Office Relocation Act of 1997

104_s1629

SECTION 1. SHORT TITLE. This act may be referred to as the ``Tenth Amendment Enforcement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (a) in most areas of governmental concern, State governments possess both the Constitutional authority and the competence to discern the needs and the desires of the People and to govern accordingly; (b) Federal laws and agency regulations, which have interfered with State powers in areas of State jurisdiction, should be restricted to powers delegated to the Federal Government by the Constitution; (c) the framers of the Constitution intended to bestow upon the Federal Government only limited authority over the States and the People; (d) under the Tenth Amendment to the Constitution, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and (e) the courts, which have in general construed the Tenth Amendment not to restrain the Federal Government's power to act in areas of state jurisdiction, should be directed to strictly construe Federal laws and regulations which interfere with State powers with a presumption in favor of State authority and against Federal preemption. SEC. 3. CONGRESSIONAL DECLARATION. (a) On or after January 1, 1997, any statute enacted by Congress shall include a declaration-- (1) that authority to govern in the area addressed by the statute is delegated to Congress by the Constitution, including a citation to the specific Constitutional authority relied upon; (2) that Congress specifically finds that it has a greater degree of competence than the States to govern in the area addressed by the statute; and (3) if the statute interferes with State powers or preempts any State or local government law, regulation or ordinance, that Congress specifically intends to interfere with State powers or preempt State or local government law, regulation, or ordinance, and that such preemption is necessary. (b) Congress must make specific factual findings in support of the declarations described in this section. SEC. 4. POINT OF ORDER. (a) In General.-- (1) Information required.--It shall not be in order in either the Senate or House of Representatives to consider any bill, joint resolution, or amendment that does not include a declaration of Congressional intent as required under section 3. (2) Supermajority required.--The requirements of this subsection may be waived or suspended in the Senate or House of Representatives only by the affirmative vote of three-fifths of the Members of that House duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate or House of Representatives duly chosen and sworn shall be required to sustain an appeal of the ruling of the chair on a point of order raised under this subsection. (b) Rule Making.--This section is enacted-- (1) as an exercise of the rule-making power of the Senate and House of Representatives, and as such, it is deemed a part of the rules of the Senate and House of Representatives, but is applicable only with respect to the matters described in sections 3 and 4 and supersedes other rules of the Senate or House of Representatives only to the extent that such sections are inconsistent with such rules; and (2) with full recognition of the Constitutional right of the Senate or House of Representatives to change such rules at any time, in the same manner as in the case of any rule of the Senate or House of Representatives. SEC. 5. EXECUTIVE PREEMPTION OF STATE LAW. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following new section: ``SEC. 560. PREEMPTION OF STATE LAW. ``(a) No executive department or agency or independent agency shall construe any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action unless-- ``(1) the statute expressly authorizes issuance of preemptive regulations; and ``(2) the executive department, agency or independent agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. ``(b) Any regulatory preemption of State law shall be narrowly tailored to achieve the objectives of the statute pursuant to which the regulations are promulgated and shall explicitly describe the scope of preemption. ``(c) When an executive branch department or agency or independent agency proposes to act through rule-making or other agency action to preempt State law, the department or agency shall provide all affected States notice and an opportunity for comment by duly elected or appointed State and local government officials or their designated representatives in the proceedings. ``(1) The notice of proposed rule-making must be forwarded to the Governor, the Attorney General and the presiding officer of each chamber of the Legislature of each State setting forth the extent and purpose of the preemption. In the table of contents of each Federal Register, there shall be a separate list of preemptive regulations contained within that Register. ``(d) Unless a final executive department or agency or independent agency rule or regulation contains an explicit provision declaring the Federal Government's intent to preempt State or local government powers and an explicit description of the extent and purpose of that preemption, the rule or regulation shall not be construed to preempt any State or local government law, ordinance or regulation. ``(e) Each executive department or agency or independent agency shall publish in the Federal Register a plan for periodic review of the rules and regulations issued by the department or agency that preempt, in whole or in part, State or local government powers. This plan may be amended by the department or agency at any time by publishing a revision in the Federal Register. ``(1) The purpose of this review shall be to determine whether and to what extent such rules are to continue without change, consistent with the stated objectives of the applicable statutes, or are to be altered or repealed to minimize the effect of the rules on State or local government powers.''. (b) Any Federal rule or regulation promulgated after January 1, 1997, that is promulgated in a manner inconsistent with this section shall not be binding on any State or local government, and shall not preempt any State or local government law, ordinance, or regulation. (c) Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by adding after the item for section 559 the following: ``560. Preemption of State Law.''. SEC. 6. CONSTRUCTION. (a) No statute, or rule promulgated under such statute, enacted after the date of enactment of this Act, shall be construed by courts or other adjudicative entities to preempt, in whole or in part, any State or local government law, ordinance or regulation unless the statute, or rule promulgated under such statute, contains an explicit declaration of intent to preempt, or unless there is a direct conflict between such statute and a State or local government law, ordinance, or regulation, such that the two cannot be reconciled or consistently stand together. (b) Notwithstanding any other provisions of law, any ambiguities in this Act, or in any other law of the United States, shall be construed in favor of preserving the authority of the States and the People. (c) If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.

Tenth Amendment Enforcement Act of 1996 - Requires that, on or after January 1, 1997, any statute enacted by the Congress must include specified findings and declarations about the Constitutional authority of the Congress in enacting such statute to preempt State and local laws. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations, unless a supermajority in either House vote otherwise. Amends Federal law to prohibit any executive department or agency from construing any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action, unless the statute expressly authorizes issuance of preemptive regulations and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Provides for notice and opportunity for State comment when a Federal agency proposes preemptive rule making or other agency action. Requires each Federal agency to publish in the Federal Register a plan for periodic review of rules and regulations preempting State or local government powers.

Tenth Amendment Enforcement Act of 1996

<SECTION-HEADER> SHORT TITLE. This act may be referred to as the "Tenth Amendment Enforcement Act of 1996". <SECTION-HEADER> FINDINGS. The Congress finds that in most areas of governmental concern, State governments possess both the Constitutional authority and the competence to discern the needs and the desires of the People and to govern accordingly. Federal laws and agency regulations, which have interfered with State powers in areas of State jurisdiction, should be restricted to powers delegated to the Federal Government by the Constitution. The framers of the Constitution intended to bestow upon the Federal Government only limited authority over the States and the People. Under the Tenth Amendment to the Constitution, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. And the courts, which have in general construed the Tenth Amendment not to restrain the Federal Government's power to act in areas of state jurisdiction, should be directed to strictly construe Federal laws and regulations which interfere with State powers with a presumption in favor of State authority and against Federal preemption. <SECTION-HEADER> CONGRESSIONAL DECLARATION. On or after January 1, 1997, any statute enacted by Congress shall include a declaration that authority to govern in the area addressed by the statute is delegated to Congress by the Constitution, including a citation to the specific Constitutional authority relied upon. That Congress specifically finds that it has a greater degree of competence than the States to govern in the area addressed by the statute. And if the statute interferes with State powers or preempts any State or local government law, regulation or ordinance, that Congress specifically intends to interfere with State powers or preempt State or local government law, regulation, or ordinance, and that such preemption is necessary. Congress must make specific factual findings in support of the declarations described in this section. <SECTION-HEADER> POINT OF ORDER. In General. Information required. It shall not be in order in either the Senate or House of Representatives to consider any bill, joint resolution, or amendment that does not include a declaration of Congressional intent as required under section 3. Supermajority required. The requirements of this subsection may be waived or suspended in the Senate or House of Representatives only by the affirmative vote of three-fifths of the Members of that House duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate or House of Representatives duly chosen and sworn shall be required to sustain an appeal of the ruling of the chair on a point of order raised under this subsection. Rule Making. This section is enacted as an exercise of the rule-making power of the Senate and House of Representatives, and as such, it is deemed a part of the rules of the Senate and House of Representatives, but is applicable only with respect to the matters described in sections 3 and 4 and supersedes other rules of the Senate or House of Representatives only to the extent that such sections are inconsistent with such rules. And with full recognition of the Constitutional right of the Senate or House of Representatives to change such rules at any time, in the same manner as in the case of any rule of the Senate or House of Representatives. <SECTION-HEADER> EXECUTIVE PREEMPTION OF STATE LAW. In General. Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following new section: "Section 560. PREEMPTION OF STATE LAW. No executive department or agency or independent agency shall construe any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action unless the statute expressly authorizes issuance of preemptive regulations. And the executive department, agency or independent agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Any regulatory preemption of State law shall be narrowly tailored to achieve the objectives of the statute pursuant to which the regulations are promulgated and shall explicitly describe the scope of preemption. When an executive branch department or agency or independent agency proposes to act through rule-making or other agency action to preempt State law, the department or agency shall provide all affected States notice and an opportunity for comment by duly elected or appointed State and local government officials or their designated representatives in the proceedings. The notice of proposed rule-making must be forwarded to the Governor, the Attorney General and the presiding officer of each chamber of the Legislature of each State setting forth the extent and purpose of the preemption. In the table of contents of each Federal Register, there shall be a separate list of preemptive regulations contained within that Register. Unless a final executive department or agency or independent agency rule or regulation contains an explicit provision declaring the Federal Government's intent to preempt State or local government powers and an explicit description of the extent and purpose of that preemption, the rule or regulation shall not be construed to preempt any State or local government law, ordinance or regulation. Each executive department or agency or independent agency shall publish in the Federal Register a plan for periodic review of the rules and regulations issued by the department or agency that preempt, in whole or in part, State or local government powers. This plan may be amended by the department or agency at any time by publishing a revision in the Federal Register. The purpose of this review shall be to determine whether and to what extent such rules are to continue without change, consistent with the stated objectives of the applicable statutes, or are to be altered or repealed to minimize the effect of the rules on State or local government powers.". Any Federal rule or regulation promulgated after January 1, 1997, that is promulgated in a manner inconsistent with this section shall not be binding on any State or local government, and shall not preempt any State or local government law, ordinance, or regulation. Conforming Amendment. The table of sections for chapter 5 of title 5, United States Code, is amended by adding after the item for section 559 the following: "560. Preemption of State Law.". <SECTION-HEADER> CONSTRUCTION. No statute, or rule promulgated under such statute, enacted after the date of enactment of this Act, shall be construed by courts or other adjudicative entities to preempt, in whole or in part, any State or local government law, ordinance or regulation unless the statute, or rule promulgated under such statute, contains an explicit declaration of intent to preempt, or unless there is a direct conflict between such statute and a State or local government law, ordinance, or regulation, such that the two cannot be reconciled or consistently stand together. Notwithstanding any other provisions of law, any ambiguities in this Act, or in any other law of the United States, shall be construed in favor of preserving the authority of the States and the People. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.

Tenth Amendment Enforcement Act of 1996 - Requires that, on or after January 1, 1997, any statute enacted by the Congress must include specified findings and declarations about the Constitutional authority of the Congress in enacting such statute to preempt State and local laws. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations, unless a supermajority in either House vote otherwise. Amends Federal law to prohibit any executive department or agency from construing any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action, unless the statute expressly authorizes issuance of preemptive regulations and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Provides for notice and opportunity for State comment when a Federal agency proposes preemptive rule making or other agency action. Requires each Federal agency to publish in the Federal Register a plan for periodic review of rules and regulations preempting State or local government powers.

Tenth Amendment Enforcement Act of 1996

109_hr2793

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIPAA Recreational Injury Technical Correction Act''. SEC. 2. COVERAGE AMENDMENTS. (a) ERISA.--Section 702(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(3)) is amended-- (1) by striking ``Construction.--For'' and inserting the following: ``Scope.-- ``(A) Waiting periods.--For''; and (2) by adding at the end the following: ``(B) Limitation on denial of benefits.-- Notwithstanding paragraph (2), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not deny benefits otherwise provided under the plan or coverage for the treatment of an injury solely because such injury was sustained while engaged in any particular mode of transportation specified in the plan consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding. Nothing in this subparagraph shall be construed as-- ``(i) prohibiting any such plan or issuer from excluding from coverage injuries sustained while engaged in such mode of transportation, if engaging in such mode of transportation, or the particular vehicle itself, is illegal under applicable law, or ``(ii) affecting the determination of primary and secondary insurance or subrogation or reimbursement rights between insurance policies.''. (b) PHSA.--Section 2702(a)(3) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(3)) is amended-- (1) by striking ``Construction.--For'' and inserting the following: ``Scope.-- ``(A) Waiting periods.--For''; and (2) by adding at the end the following: ``(B) Limitation on denial of benefits.-- Notwithstanding paragraph (2), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not deny benefits otherwise provided under the plan or coverage for the treatment of an injury solely because such injury was sustained while engaged in any particular mode of transportation specified in the plan consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding. Nothing in this subparagraph shall be construed as-- ``(i) prohibiting any such plan or issuer from excluding from coverage injuries sustained while engaged in such mode of transportation, if engaging in such mode of transportation, or the particular vehicle itself, is illegal under applicable law, or ``(ii) affecting the determination of primary and secondary insurance or subrogation or reimbursement rights between insurance policies.''. (c) Internal Revenue Code.--Section 9802(a)(3) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Construction.--For'' and inserting the following: ``Scope.-- ``(A) Waiting periods.--For''; and (2) by adding at the end the following: ``(B) Limitation on denial of benefits.-- Notwithstanding paragraph (2), a group health plan may not deny benefits otherwise provided under the plan for the treatment of an injury solely because such injury was sustained while engaged in any particular mode of transportation specified in the plan consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding. Nothing in this subparagraph shall be construed as-- ``(i) prohibiting any such plan from excluding from coverage injuries sustained while engaged in such mode of transportation, if engaging in such mode of transportation, or the particular vehicle itself, is illegal under applicable law, or ``(ii) affecting the determination of primary and secondary insurance or subrogation or reimbursement rights between insurance policies.''. (d) Effective Date.--The amendments made by this section shall apply with respect to injuries occurring during plan years beginning after 90 days after the date of the enactment of this Act.

HIPAA Recreational Injury Technical Correction Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan or health insurance issuer offering group health coverage from denying benefits or coverage otherwise provided under the plan for the treatment of an injury solely because it was sustained while a person was engaged in any particular mode of transportation specified in the plan, consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding, unless such mode of transportation or its use was illegal.

To promote health care coverage parity for individuals engaged in legal use of certain modes of transportation.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "HIPAA Recreational Injury Technical Correction Act". <SECTION-HEADER> COVERAGE AMENDMENTS. ERISA. Section 702(a)(3) of the Employee Retirement Income Security Act of 1974 (29 USC. 1182(a)(3)) is amended by striking "Construction. For" and inserting the following: "Scope. Waiting periods. For". And by adding at the end the following: Limitation on denial of benefits. Notwithstanding paragraph (2), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not deny benefits otherwise provided under the plan or coverage for the treatment of an injury solely because such injury was sustained while engaged in any particular mode of transportation specified in the plan consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding. Nothing in this subparagraph shall be construed as prohibiting any such plan or issuer from excluding from coverage injuries sustained while engaged in such mode of transportation, if engaging in such mode of transportation, or the particular vehicle itself, is illegal under applicable law, or affecting the determination of primary and secondary insurance or subrogation or reimbursement rights between insurance policies.". PHSA. Section 2702(a)(3) of the Public Health Service Act (42 USC. 300gg-1(a)(3)) is amended by striking "Construction. For" and inserting the following: "Scope. Waiting periods. For". And by adding at the end the following: Limitation on denial of benefits. Notwithstanding paragraph (2), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not deny benefits otherwise provided under the plan or coverage for the treatment of an injury solely because such injury was sustained while engaged in any particular mode of transportation specified in the plan consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding. Nothing in this subparagraph shall be construed as prohibiting any such plan or issuer from excluding from coverage injuries sustained while engaged in such mode of transportation, if engaging in such mode of transportation, or the particular vehicle itself, is illegal under applicable law, or affecting the determination of primary and secondary insurance or subrogation or reimbursement rights between insurance policies.". Internal Revenue Code. Section 9802(a)(3) of the Internal Revenue Code of 1986 is amended by striking "Construction. For" and inserting the following: "Scope. Waiting periods. For". And by adding at the end the following: Limitation on denial of benefits. Notwithstanding paragraph (2), a group health plan may not deny benefits otherwise provided under the plan for the treatment of an injury solely because such injury was sustained while engaged in any particular mode of transportation specified in the plan consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding. Nothing in this subparagraph shall be construed as prohibiting any such plan from excluding from coverage injuries sustained while engaged in such mode of transportation, if engaging in such mode of transportation, or the particular vehicle itself, is illegal under applicable law, or affecting the determination of primary and secondary insurance or subrogation or reimbursement rights between insurance policies.". Effective Date. The amendments made by this section shall apply with respect to injuries occurring during plan years beginning after 90 days after the date of the enactment of this Act.

HIPAA Recreational Injury Technical Correction Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan or health insurance issuer offering group health coverage from denying benefits or coverage otherwise provided under the plan for the treatment of an injury solely because it was sustained while a person was engaged in any particular mode of transportation specified in the plan, consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding, unless such mode of transportation or its use was illegal.

To promote health care coverage parity for individuals engaged in legal use of certain modes of transportation.

109_hr3003

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Independent Commission on the Investigation of Detainee Abuses (in this title referred to as the ``Commission''). SEC. 2. DUTIES. (a) Investigation.--The Commission shall conduct a full, complete, independent, and impartial investigation of the abuses of detainees in connection with Operation Iraqi Freedom, Operation Enduring Freedom, or any operation within the Global War on Terrorism, including but not limited to the following: (1) The extent of the abuses. (2) Why the abuses occurred. (3) Who is responsible for the abuses. (4) Whether any particular Department of Defense, Department of State, Department of Justice, Central Intelligence Agency, National Security Council, or White House policies, procedures, or decisions facilitated the detainee abuses. (5) What policies, procedures, or mechanisms failed to prevent the abuses. (6) What legislative or executive actions should be taken to prevent such abuses from occurring in the future. (7) The extent, if any, to which Guantanamo Detention Center policies influenced policies at the Abu Ghraib prison and other detention centers in and outside Iraq. (b) Assessment, Analysis, and Evaluation.--During the course of its investigation, the Commission shall assess, analyze, and evaluate relevant persons, policies, procedures, reports, and events, including but not limited to the following: (1) The Military Chain of Command. (2) The National Security Council. (3) The Department of Justice. (4) The Department of State. (5) The Office of the White House Counsel. (6) The Defense Intelligence Agency and the Central Intelligence Agency. (7) The approval process for interrogation techniques used at detention facilities in Iraq, Cuba, Afghanistan, and elsewhere. (8) The integration of military police and military intelligence operations to coordinate detainee interrogation. (9) The roles and actions of private civilian contractors in the abuses and whether they violated the Military Extraterritorial Jurisdiction Act or any other United States statutes or international treaties to which the United States is a party. (10) The role of nongovernmental organizations' warnings to United States officials about the abuses. (11) The role of Congress and whether it was fully informed throughout the process that uncovered these abuses. (12) The extent to which the United States complied with the applicable provisions of the Geneva Conventions of 1949, and the extent to which the United States may have violated international law by restricting the access of the International Committee of the Red Cross to detainees. (13) The extent to which the United States complied with the applicable provisions of other human rights treaties, including the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. SEC. 3. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President; (2) 1 member shall be jointly appointed by the minority leader of the Senate and the minority leader of the House of Representatives; (3) 2 members shall be appointed by the majority leader of the Senate; (4) 2 members shall be appointed by the Speaker of the House of Representatives; (5) 2 members shall be appointed by the minority leader of the Senate; and (6) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications; Initial Meeting.-- (1) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) Other qualifications.--Individuals that shall be appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, international human rights and humanitarian law, and foreign affairs. (3) Deadline for appointment.--All members of the Commission shall be appointed within 45 days following the enactment of this Act. (4) Chairman and vice chairman.--The chairman and vice chairman of the Commission shall be elected by a majority vote of the members. (5) Meetings.--The Commission shall meet and begin the operations of the Commission as soon as practicable. After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. (c) Quorum; Vacancies.--Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Conflicts of Interest.-- (1) Financial disclosure.--Each member appointed to the Commission shall submit a financial disclosure report pursuant to the Ethics in Government Act of 1978, notwithstanding the minimum required rate of compensation or time period employed. (2) Independence from subjects of investigations.--Each member appointed to the Commission shall be independent of any agency, individual, or institution that may be the subject of investigation by the Commission. SEC. 4. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this subsection, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (3) Scope.--In carrying out its duties under this Act, the Commission may examine the actions and representations of the current Administration as well as prior Administrations. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 5. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 9. (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 6. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairman and the vice chairman jointly, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 7. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. (a) In General.--Subject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (b) Exception.--No person shall be provided with access to classified information under this title without the appropriate required security clearance access. SEC. 9. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Form of Report.--Each report prepared under this section shall be submitted in unclassified form, but may contain a classified annex. (d) Recommendation to Make Public Certain Classified Information.-- If the Commission determines that it is in the public interest that some or all of the information contained in a classified annex of a report under this section be made available to the public, the Commission shall make a recommendation to the congressional intelligence committees to make such information public, and the congressional intelligence committees shall consider the recommendation pursuant to the procedures under subsection (e). (e) Procedure for Declassifying Information.-- (1) The procedures referred to in subsection (d) are the procedures described in-- (A) with respect to the Permanent Select Committee on Intelligence of the House of Representatives, clause 11(g) of rule X of the Rules of the House of Representatives, One Hundred Ninth Congress; and (B) with respect to the Select Committee on Intelligence of the Senate, section 8 of Senate Resolution 400, Ninety-Fourth Congress. (2) In this section, the term ``congressional intelligence committees'' means-- (A) the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Select Committee on Intelligence of the Senate. SEC. 10. TERMINATION. (a) In General.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 9(b). (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 11. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated funds not to exceed $5,000,000 for purposes of the activities of the Commission under this Act. (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

Establishes in the legislative branch the Independent Commission on the Investigation of Detainee Abuses to conduct a full, complete, independent, and impartial investigation of the abuses of detainees in connection with Operation Iraqi Freedom, Operation Enduring Freedom, or any operation within the Global War on Terrorism, including, but not limited to: (1) the extent of the abuses, (2) why the abuses occurred. And (3) who is responsible. Directs the Commission, in connection with the investigation, to assess, analyze, and evaluate relevant persons, policies, procedures, reports, and events. Authorizes the Commission to report interim findings, conclusions, and recommendations to Congress and the President. Requires a final report containing recommendations for corrective measures. Terminates the Commission 60 days after its final report.

To establish an independent Commission to investigate detainee abuses.

<SECTION-HEADER> ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Independent Commission on the Investigation of Detainee Abuses . <SECTION-HEADER> DUTIES. Investigation. The Commission shall conduct a full, complete, independent, and impartial investigation of the abuses of detainees in connection with Operation Iraqi Freedom, Operation Enduring Freedom, or any operation within the Global War on Terrorism, including but not limited to the following: The extent of the abuses. Why the abuses occurred. Who is responsible for the abuses. Whether any particular Department of Defense, Department of State, Department of Justice, Central Intelligence Agency, National Security Council, or White House policies, procedures, or decisions facilitated the detainee abuses. What policies, procedures, or mechanisms failed to prevent the abuses. What legislative or executive actions should be taken to prevent such abuses from occurring in the future. The extent, if any, to which Guantanamo Detention Center policies influenced policies at the Abu Ghraib prison and other detention centers in and outside Iraq. Assessment, Analysis, and Evaluation. During the course of its investigation, the Commission shall assess, analyze, and evaluate relevant persons, policies, procedures, reports, and events, including but not limited to the following: The Military Chain of Command. The National Security Council. The Department of Justice. The Department of State. The Office of the White House Counsel. The Defense Intelligence Agency and the Central Intelligence Agency. The approval process for interrogation techniques used at detention facilities in Iraq, Cuba, Afghanistan, and elsewhere. The integration of military police and military intelligence operations to coordinate detainee interrogation. The roles and actions of private civilian contractors in the abuses and whether they violated the Military Extraterritorial Jurisdiction Act or any other United States statutes or international treaties to which the United States is a party. The role of nongovernmental organizations' warnings to United States officials about the abuses. The role of Congress and whether it was fully informed throughout the process that uncovered these abuses. The extent to which the United States complied with the applicable provisions of the Geneva Conventions of 1949, and the extent to which the United States may have violated international law by restricting the access of the International Committee of the Red Cross to detainees. The extent to which the United States complied with the applicable provisions of other human rights treaties, including the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. <SECTION-HEADER> COMPOSITION OF COMMISSION. Members. The Commission shall be composed of 10 members, of whom 1 member shall be appointed by the President. 1 member shall be jointly appointed by the minority leader of the Senate and the minority leader of the House of Representatives. 2 members shall be appointed by the majority leader of the Senate. 2 members shall be appointed by the Speaker of the House of Representatives. 2 members shall be appointed by the minority leader of the Senate. And 2 members shall be appointed by the minority leader of the House of Representatives. Qualifications. Initial Meeting. Nongovernmental appointees. An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. Other qualifications. Individuals that shall be appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, international human rights and humanitarian law, and foreign affairs. Deadline for appointment. All members of the Commission shall be appointed within 45 days following the enactment of this Act. Chairman and vice chairman. The chairman and vice chairman of the Commission shall be elected by a majority vote of the members. Meetings. The Commission shall meet and begin the operations of the Commission as soon as practicable. After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Quorum. Vacancies. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Conflicts of Interest. Financial disclosure. Each member appointed to the Commission shall submit a financial disclosure report pursuant to the Ethics in Government Act of 1978, notwithstanding the minimum required rate of compensation or time period employed. Independence from subjects of investigations. Each member appointed to the Commission shall be independent of any agency, individual, or institution that may be the subject of investigation by the Commission. <SECTION-HEADER> POWERS OF COMMISSION. In General. Hearings and evidence. The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths. And subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. Subpoenas. Issuance. In general. A subpoena may be issued under this subsection only by the agreement of the chairman and the vice chairman. Or by the affirmative vote of 6 members of the Commission. Signature. Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. Enforcement. In general. In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. Additional enforcement. In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this subsection, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States . Scope. In carrying out its duties under this Act, the Commission may examine the actions and representations of the current Administration as well as prior Administrations. Contracting. The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act. Information From Federal Agencies. In general. The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. Receipt, handling, storage, and dissemination. Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. Assistance From Federal Agencies. General services administration. The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. Other departments and agencies. In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. Gifts. The Commission may accept, use, and dispose of gifts or donations of services or property. Postal Services. The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. <SECTION-HEADER> NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. In General. The Federal Advisory Committee Act shall not apply to the Commission. Public Meetings and Release of Public Versions of Reports. The Commission shall hold public hearings and meetings to the extent appropriate. And release public versions of the reports required under section 9. Public Hearings. Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. <SECTION-HEADER> STAFF OF COMMISSION. In General. Appointment and compensation. The chairman and the vice chairman jointly, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Personnel as federal employees. In general. The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. Members of commission. Subparagraph (A) shall not be construed to apply to members of the Commission. Detailees. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. Consultant Services. The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. <SECTION-HEADER> COMPENSATION AND TRAVEL EXPENSES. Compensation. Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. Travel Expenses. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. <SECTION-HEADER> SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. In General. Subject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. Exception. No person shall be provided with access to classified information under this title without the appropriate required security clearance access. <SECTION-HEADER> REPORTS OF COMMISSION. TERMINATION. Interim Reports. The Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. Final Report. Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. Form of Report. Each report prepared under this section shall be submitted in unclassified form, but may contain a classified annex. Recommendation to Make Public Certain Classified Information. If the Commission determines that it is in the public interest that some or all of the information contained in a classified annex of a report under this section be made available to the public, the Commission shall make a recommendation to the congressional intelligence committees to make such information public, and the congressional intelligence committees shall consider the recommendation pursuant to the procedures under subsection (e). Procedure for Declassifying Information. The procedures referred to in subsection (d) are the procedures described in with respect to the Permanent Select Committee on Intelligence of the House of Representatives, clause 11(g) of rule X of the Rules of the House of Representatives, One Hundred Ninth Congress. And with respect to the Select Committee on Intelligence of the Senate, section 8 of Senate Resolution 400, Ninety-Fourth Congress. In this section, the term "congressional intelligence committees" means the Permanent Select Committee on Intelligence of the House of Representatives. And the Select Committee on Intelligence of the Senate. <SECTION-HEADER> TERMINATION. In General. The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 9(b). Administrative Activities Before Termination. The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. <SECTION-HEADER> FUNDING. Authorization of Appropriations. There is authorized to be appropriated funds not to exceed $5,000,000 for purposes of the activities of the Commission under this Act. Duration of Availability. Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

Establishes in the legislative branch the Independent Commission on the Investigation of Detainee Abuses to conduct a full, complete, independent, and impartial investigation of the abuses of detainees in connection with Operation Iraqi Freedom, Operation Enduring Freedom, or any operation within the Global War on Terrorism, including, but not limited to: (1) the extent of the abuses, (2) why the abuses occurred. And (3) who is responsible. Directs the Commission, in connection with the investigation, to assess, analyze, and evaluate relevant persons, policies, procedures, reports, and events. Authorizes the Commission to report interim findings, conclusions, and recommendations to Congress and the President. Requires a final report containing recommendations for corrective measures. Terminates the Commission 60 days after its final report.

To establish an independent Commission to investigate detainee abuses.

105_s1116

SECTION 1. SHORT TITLE; AMENDMENT TO 1986 CODE; COORDINATION WITH TAXPAYER RELIEF ACT OF 1997. (a) Short Title.--This Act may be cited as the ``Affordable Education Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Coordination With Taxpayer Relief Act of 1997.--Any reference in this Act to any section of the Internal Revenue Code of 1986 amended or added by the Taxpayer Relief Act of 1997 shall be a reference to such section as so amended or added. SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS; COVERAGE OF PRIVATE PROGRAMS. (a) Exclusion.-- (1) In general.--Subparagraph (B) of section 529(c)(3) (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--If a distributee elects the application of this subparagraph for any taxable year-- ``(i) no amount shall be includible in gross income by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense, and ``(ii) the amount which (but for the election) would be includible in gross income by reason of any other distribution shall not be so includible in an amount which bears the same ratio to the amount which would be so includible as the amount of the qualified higher education expenses of the distributee bears to the amount of the distribution.''. (2) Additional tax on amounts not used for higher education expenses.--Section 529 is amended by adding at the end the following new subsection: ``(f) Additional Tax for Distributions Not Used for Educational Expenses.-- ``(1) In general.--The tax imposed by section 530(d)(4) shall apply to payments and distributions from qualified tuition programs in the same manner as such tax applies to education individual retirement accounts except that section 529(f) shall be applied by reference to qualified higher education expenses. ``(2) Excess contributions returned before due date of return.--Subparagraph (A) shall not apply to the distribution to a contributor of any contribution paid during a taxable year to a qualified tuition program to the extent that such contribution exceeds the limitation in section 4973(e) if such distribution (and the net income with respect to such excess contribution) meet requirements comparable to the requirements of section 530(d)(4)(C).'' (3) Coordination with education credits.--Section 25A(e)(2) is amended by inserting ``529(c)(3)(B) or'' before ``530(d)(2)''. (4) Effective date.--The amendments made by this subsection shall apply to distributions after December 31, 1997, for education furnished in academic periods beginning after such date. (b) Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs.-- (1) In general.--Paragraph (1) of section 529(b) (defining qualified State tuition program) is amended by inserting ``or by one or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (2) Limitation on contributions to qualified tuition programs not maintained by a state.--Subsection (b) of section 529 is amended by adding at the end the following new paragraph: ``(9) Limitation on contributions to qualified tuition programs not maintained by a state.--In the case of a program not maintained by a State or agency or instrumentality thereof, such program shall not be treated as a qualified tuition program unless it limits the annual contribution to the program on behalf of a designated beneficiary to $2,000.''. (3) Tax on excess contributions.-- (A) In general.--Subsection (a) of section 4973 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 new paragraph: ``(4) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, or''. (B) Excess contributions defined.--Section 4973(e) is amended to read as follows: ``(e) Excess Contributions to Private Qualified Tuition Program and Education Individual Retirement Accounts.--For purposes of this section-- ``(1) In general.--In the case of private education investment accounts maintained for the benefit of any 1 beneficiary, the term `excess contributions' means the amount by which the amount contributed for the taxable year to such accounts exceeds $2,000. ``(2) Private education investment account.--For purposes of paragraph (1), the term `private education investment account' means-- ``(A) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, and ``(B) an education individual retirement account (as defined in section 530). ``(3) Special rules.--For purposes of paragraph (1), the following contributions shall not be taken into account: ``(A) Any contribution which is distributed out of the education individual retirement account in a distribution to which section 530(d)(4)(C) applies. ``(B) Any contribution to a qualified tuition program (as so defined) described in section 530(b)(2)(B) from any such account. ``(C) Any rollover contribution.''. (4) Conforming amendments.-- (A) Paragraph (2) of section 26(b) is amended by redesignating subparagraphs (E) through (Q) as subparagraphs (F) through (R), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) section 529(f) (relating to additional tax on certain distributions from qualified tuition programs),''. (B) The text and headings of sections 529 and 530 are amended by striking ``qualified State tuition program'' each place it appears and inserting ``qualified tuition program''. (C)(i) The section heading of section 529 is amended to read as follows: ``SEC. 529. QUALIFIED TUITION PROGRAMS.''. (ii) The item relating to section 529 in the table of sections for part VIII of subchapter F of chapter 1 is amended by striking ``State''. (5) Effective date.--The amendments made by this subsection shall take effect on January 1, 1998. SEC. 3. EXTENSION OF EXCLUSION FOR EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE. (a) In General.--Section 127 (relating to educational assistance programs) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (b) Repeal of Limitation on Graduate Education.--The last sentence of section 127(c)(1) is amended by striking ``, and such term also does not include any payment for, or the provision of any benefits with respect to, any graduate level course of a kind normally taken by an individual pursuing a program leading to a law, business, medical, or other advanced academic or professional degree''. (c) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1996. (2) Graduate education.--The amendment made by subsection (b) shall apply with respect to expenses relating to courses beginning after December 31, 1996. SEC. 4. INCREASE IN CONTRIBUTION LIMIT TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS; APPLICATION TO ELEMENTARY AND SECONDARY EDUCATION. (a) Increase in Maximum Annual Contributions.-- (1) In general.--Section 530(b)(1)(A)(iii) of the Internal Revenue Code of 1986 is amended by striking ``$500'' and inserting ``$2,000''. (2) Conforming amendments.-- (A) Section 530(d)(4)(C) of such Code is amended by striking ``$500'' and inserting ``$2,000''. (B) Section 4973(e)(1)(A) of such Code is amended by striking ``$500'' and inserting ``$2,000''. (b) Tax-Free Expenditures for Elementary and Secondary School Expenses.-- (1) In general.--Section 530(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified higher education expenses (as defined in section 529(e)(3)), and ``(ii) in the case of taxable years beginning after December 31, 2000, qualified elementary and secondary education expenses (as defined in paragraph (4)). Such expenses shall be reduced as provided in section 25A(g)(2). ``(B) Qualified tuition programs.--Such term shall include amounts paid or incurred to purchase tuition credits or certificates, or to make contributions to an account, under a qualified tuition program (as defined in section 529(b)) for the benefit of the beneficiary of the account.'' (2) Qualified elementary and secondary education expenses.--Section 530(b) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified elementary and secondary education expenses.-- ``(A) In general.--The term `qualified elementary and secondary education expenses' means tuition, fees, tutoring, special needs services, books, supplies, equipment, transportation, and supplementary expenses required for the enrollment or attendance of the designated beneficiary of the trust at a public, private, or sectarian school. ``(B) Special rule for homeschooling.--Such term shall include expenses described in subparagraph (A) required for education provided for homeschooling if the requirements of any applicable State or local law are met with respect to such education. ``(C) School.--The term `school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law.'' (3) Conforming amendments.--Subsections (b)(1) and (d)(2) of section 530 of such Code are each amended by striking ``higher'' each place it appears in the text and heading thereof. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Affordable Education Act - Amends the Internal Revenue Code to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of qualified State tuition program programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $2,000. Sets forth related excess contribution provisions. Makes the exclusion from gross income for employer-provided educational assistance permanent. Includes graduate education assistance within such exclusion. Increases the maximum annual contribution limit for education individual retirement accounts to $2,000. Includes specified elementary and secondary school expenses within the definition of qualified education expenses.

Affordable Education Act

<SECTION-HEADER> SHORT TITLE, AMENDMENT TO 1986 CODE. COORDINATION WITH TAXPAYER RELIEF ACT OF 1997. Short Title. This Act may be cited as the "Affordable Education Act". Amendment of 1986 Code. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. Coordination With Taxpayer Relief Act of 1997. Any reference in this Act to any section of the Internal Revenue Code of 1986 amended or added by the Taxpayer Relief Act of 1997 shall be a reference to such section as so amended or added. <SECTION-HEADER> EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS. COVERAGE OF PRIVATE PROGRAMS. Exclusion. In general. Subparagraph (B) of section 529(c)(3) is amended to read as follows: Distributions for qualified higher education expenses. If a distributee elects the application of this subparagraph for any taxable year no amount shall be includible in gross income by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense, and the amount which would be includible in gross income by reason of any other distribution shall not be so includible in an amount which bears the same ratio to the amount which would be so includible as the amount of the qualified higher education expenses of the distributee bears to the amount of the distribution.". Additional tax on amounts not used for higher education expenses. Section 529 is amended by adding at the end the following new subsection: Additional Tax for Distributions Not Used for Educational Expenses. In general. The tax imposed by section 530(d)(4) shall apply to payments and distributions from qualified tuition programs in the same manner as such tax applies to education individual retirement accounts except that section 529(f) shall be applied by reference to qualified higher education expenses. Excess contributions returned before due date of return. Subparagraph (A) shall not apply to the distribution to a contributor of any contribution paid during a taxable year to a qualified tuition program to the extent that such contribution exceeds the limitation in section 4973(e) if such distribution meet requirements comparable to the requirements of section 530(d)(4)(C)." Coordination with education credits. Section 25A(e)(2) is amended by inserting "529(c)(3)(B) or" before "530(d)(2)". Effective date. The amendments made by this subsection shall apply to distributions after December 31, 1997, for education furnished in academic periods beginning after such date. Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs. In general. Paragraph (1) of section 529(b) is amended by inserting "or by one or more eligible educational institutions" after "maintained by a State or agency or instrumentality thereof". Limitation on contributions to qualified tuition programs not maintained by a state. Subsection (b) of section 529 is amended by adding at the end the following new paragraph: Limitation on contributions to qualified tuition programs not maintained by a state. In the case of a program not maintained by a State or agency or instrumentality thereof, such program shall not be treated as a qualified tuition program unless it limits the annual contribution to the program on behalf of a designated beneficiary to $2,000.". Tax on excess contributions. In general. Subsection (a) of section 4973 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 new paragraph: a qualified tuition program not maintained by a State or any agency or instrumentality thereof, or". Excess contributions defined. Section 4973(e) is amended to read as follows: Excess Contributions to Private Qualified Tuition Program and Education Individual Retirement Accounts. For purposes of this section In general. In the case of private education investment accounts maintained for the benefit of any 1 beneficiary, the term `excess contributions' means the amount by which the amount contributed for the taxable year to such accounts exceeds $2,000. Private education investment account. For purposes of paragraph (1), the term `private education investment account' means a qualified tuition program not maintained by a State or any agency or instrumentality thereof, and an education individual retirement account . Special rules. For purposes of paragraph (1), the following contributions shall not be taken into account: Any contribution which is distributed out of the education individual retirement account in a distribution to which section 530(d)(4)(C) applies. Any contribution to a qualified tuition program described in section 530(b)(2)(B) from any such account. Any rollover contribution.". Conforming amendments. Paragraph (2) of section 26(b) is amended by redesignating subparagraphs (E) through (Q) as subparagraphs (F) through (R), respectively, and by inserting after subparagraph (D) the following new subparagraph: section 529(f) ,". The text and headings of sections 529 and 530 are amended by striking "qualified State tuition program" each place it appears and inserting "qualified tuition program". (i) The section heading of section 529 is amended to read as follows: "Section 529. QUALIFIED TUITION PROGRAMS.". The item relating to section 529 in the table of sections for part VIII of subchapter F of chapter 1 is amended by striking "State". Effective date. The amendments made by this subsection shall take effect on January 1, 1998. <SECTION-HEADER> EXTENSION OF EXCLUSION FOR EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE. In General. Section 127 is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). Repeal of Limitation on Graduate Education. The last sentence of section 127(c)(1) is amended by striking ", and such term also does not include any payment for, or the provision of any benefits with respect to, any graduate level course of a kind normally taken by an individual pursuing a program leading to a law, business, medical, or other advanced academic or professional degree". Effective Dates. Extension. The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1996. Graduate education. The amendment made by subsection shall apply with respect to expenses relating to courses beginning after December 31, 1996. <SECTION-HEADER> INCREASE IN CONTRIBUTION LIMIT TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS. APPLICATION TO ELEMENTARY AND SECONDARY EDUCATION. Increase in Maximum Annual Contributions. In general. Section 530(b)(1)(A)(iii) of the Internal Revenue Code of 1986 is amended by striking "$500" and inserting "$2,000". Conforming amendments. Section 530(d)(4)(C) of such Code is amended by striking "$500" and inserting "$2,000". Section 4973(e)(1)(A) of such Code is amended by striking "$500" and inserting "$2,000". Tax-Free Expenditures for Elementary and Secondary School Expenses. In general. Section 530(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: Qualified education expenses. In general. The term `qualified education expenses' means qualified higher education expenses (as defined in section 529(e)(3)), and in the case of taxable years beginning after December 31, 2000, qualified elementary and secondary education expenses (as defined in paragraph (4)). Such expenses shall be reduced as provided in section 25A(g)(2). Qualified tuition programs. Such term shall include amounts paid or incurred to purchase tuition credits or certificates, or to make contributions to an account, under a qualified tuition program (as defined in section 529(b)) for the benefit of the beneficiary of the account." Qualified elementary and secondary education expenses. Section 530(b) of such Code is amended by adding at the end the following new paragraph: Qualified elementary and secondary education expenses. In general. The term `qualified elementary and secondary education expenses' means tuition, fees, tutoring, special needs services, books, supplies, equipment, transportation, and supplementary expenses required for the enrollment or attendance of the designated beneficiary of the trust at a public, private, or sectarian school. Special rule for homeschooling. Such term shall include expenses described in subparagraph (A) required for education provided for homeschooling if the requirements of any applicable State or local law are met with respect to such education. School. The term `school' means any school which provides elementary education or secondary education , as determined under State law." Conforming amendments. Subsections (b)(1) and (d)(2) of section 530 of such Code are each amended by striking "higher" each place it appears in the text and heading thereof. Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Affordable Education Act - Amends the Internal Revenue Code to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of qualified State tuition program programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $2,000. Sets forth related excess contribution provisions. Makes the exclusion from gross income for employer-provided educational assistance permanent. Includes graduate education assistance within such exclusion. Increases the maximum annual contribution limit for education individual retirement accounts to $2,000. Includes specified elementary and secondary school expenses within the definition of qualified education expenses.

Affordable Education Act

113_s1929

SECTION 1. SHORT TITLE. This Act may be cited as the ``King Cove All-Weather Road Corridor Act''. SEC. 2. IZEMBEK NATIONAL WILDLIFE REFUGE LAND CONVEYANCE. Title VI of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1178) is amended by striking subtitle E and inserting the following: ``Subtitle E--Izembek National Wildlife Refuge Land Conveyance ``SEC. 6401. DEFINITIONS. ``In this subtitle: ``(1) Corporation.--The term `Corporation' means the King Cove Corporation. ``(2) Federal land.--The term `Federal land' means-- ``(A) the approximately 206 acres of Federal land located within the Refuge, as generally depicted on the map; and ``(B) the approximately 1,600 acres of Federal land located on Sitkinak Island, as generally depicted on the map. ``(3) Governor.--The term `Governor' means the Governor of the State. ``(4) Map.--The term `map' means each of-- ``(A) the map entitled `Izembek and Alaska Peninsula National Wildlife Refuges' and dated September 2, 2008; and ``(B) the map entitled `Sitkinak Island-Alaska Maritime National Wildlife Refuge' and dated September 2, 2008. ``(5) Non-federal land.--The term `non-Federal land' means-- ``(A) the approximately 43,093 acres of land owned by the State, as generally depicted on the map; and ``(B) the approximately 13,300 acres of land owned by the Corporation (including approximately 5,430 acres of land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) as part of the land exchange under section 6402(a)), as generally depicted on the map. ``(6) Refuge.--The term `Refuge' means the Izembek National Wildlife Refuge. ``(7) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(8) State.--The term `State' means the State of Alaska. ``(9) Tribe.--The term `Tribe' means the Agdaagux Tribe of King Cove, Alaska. ``SEC. 6402. LAND CONVEYANCE. ``(a) In General.--On the date of enactment of the King Cove All- Weather Road Corridor Act, subject to the conditions and requirements described in this subtitle, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska. ``(b) Land Exchange.-- ``(1) In general.--As a condition of the conveyance under subsection (a), the State and the Corporation shall, not later than 15 days after the date of enactment of the King Cove All- Weather Road Corridor Act, notify the Secretary of the intent to convey the non-Federal land from the State and the Corporation to the United States. ``(2) Reversion.--The land conveyance under section 6402(a) shall be null and void if the State and the Corporation have not conveyed the non-Federal land from the State and the Corporation to the United States not later than 60 days after the date of enactment of King Cove All-Weather Road Corridor Act. ``(c) Valuation.--The land conveyed under subsection (a) shall not be subject to any requirement under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land. ``(d) Considerations.--In constructing the road described in subsection (a), the Governor shall-- ``(1) minimize the adverse impact of the road corridor on the Refuge; ``(2) minimize the acreage of Federal land that is required for the construction of the road corridor, consistent with national road construction safety practices; and ``(3) to the maximum extent practicable, incorporate into the road corridor roads that are in existence as of the date of enactment of the King Cove All-Weather Road Corridor Act. ``SEC. 6403. KING COVE ROAD. ``(a) Requirements Relating to Use, Barrier Cables, and Dimensions.-- ``(1) Limitations on use.-- ``(A) In general.--Except as provided in subparagraph (B), any portion of the road constructed on the land conveyed under section 6402(a) shall be used primarily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommercial purposes. ``(B) Exceptions.--Notwithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organized transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A). ``(2) Requirement of barrier cable.--The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled `Mitigation Measure MM-11, King Cove Access Project Final Environmental Impact Statement Record of Decision' and dated January 22, 2004. ``(3) Required dimensions and design features.--The road described in paragraph (1)(A) shall-- ``(A) have a width of not greater than a single lane, in accordance with the applicable road standards of the State; ``(B) be constructed with gravel; and ``(C) if determined to be necessary, be constructed to include appropriate safety pullouts. ``(b) Support Facilities.--Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge. ``(c) Federal Permits.--It is the intent of Congress that any Federal permit required for construction of the road be issued or denied not later than 1 year after the date of application for the permit. ``(d) Transfer of Land After Construction.--On the date on which the road described in subsection (a)(1)(A) is completed, the Governor of the State shall transfer to the United States any land conveyed under section 6402(a) that the Governor determines is not necessary for the road corridor. ``(e) Applicable Law.--Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3170). ``(f) Avoidance of Wildlife Impacts and Mitigation of Wetland Loss.-- ``(1) Avoidance of wildlife impacts.-- ``(A) In general.--Road construction shall comply with standard construction practices in the State, as determined by the Governor of the State, that-- ``(i) identify critical periods during the calendar year when the Refuge is utilized by wildlife, especially migratory birds; ``(ii) include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods to minimize impacts to wildlife; and ``(iii) allow for the timely construction of the road. ``(B) Public availability.--The Governor of the State shall make available to the public the practices described in subparagraph (A). ``(2) Mitigation of wetlands loss.--The land conveyed under section 6402(a) shall comply with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) with regard to minimizing, to the greatest extent practicable, the filling, fragmentation or loss of wetlands, especially intertidal wetlands, and the Governor shall evaluate mitigating any effect on those wetlands transferred in Federal ownership under the provisions of this subtitle. ``SEC. 6404. ADMINISTRATION OF CONVEYED LANDS. ``(a) Federal Land.--On completion of the land exchange under section 6402(a)-- ``(1) the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange; and ``(2) the Federal land located on Sitkinak Island that is withdrawn for use by the Coast Guard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal. ``(b) Non-Federal Land.--Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be-- ``(1) added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; and ``(2) administered in accordance with the laws generally applicable to units of the National Wildlife Refuge System. ``(c) Wilderness Additions.-- ``(1) In general.--Upon completion of the land exchange under section 6402(a), approximately 43,093 acres of land as generally depicted on the map shall be added to-- ``(A) the Izembek National Wildlife Refuge Wilderness; or ``(B) the Alaska Peninsula National Wildlife Refuge Wilderness. ``(2) Administration.--The land added as wilderness under paragraph (1) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other applicable laws (including regulations). ``(d) Permits for Dredged or Fill Materials.--The land conveyed under section 6402(a) shall not be subject to section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)). ``SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION. ``(a) Voided Land Conveyance.--The land conveyance under section 6402(a) shall be null and void if construction of the road through the Refuge-- ``(1) has not begun during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act and ending on the date that is 7 years after the date of enactment of the King Cove All-Weather Road Corridor Act; and ``(2) has not been completed during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act and ending on the date that is 12 years after the date of enactment of the King Cove All-Weather Road Corridor Act. ``(b) Return of Prior Ownership Status of Federal Land.--If the land conveyance is voided under subsection (b)-- ``(1) the ownership of the Federal land shall revert back to the United States; and ``(2) the parcel of the Federal land that is located in the Refuge shall be managed as part of the Izembek National Wildlife Refuge Wilderness. ``SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY. ``(a) In General.--Any legislative authority for construction of a road shall expire at the end of the 7-year period beginning on the date of the enactment of the King Cove All-Weather Road Corridor Act unless a construction permit has been issued during that period. ``(b) Extension of Authority.--If a construction permit is issued within the allotted period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit. ``(c) Extension of Authority as Result of Legal Challenges.-- ``(1) In general.--Prior to the issuance of a construction permit, if a lawsuit or administrative appeal is filed challenging the conveyance of the land under section 6402(a) or construction of the road, the 7-year deadline or the 5-year extension period, as appropriate, shall be extended for a time period equivalent to the time consumed by the full adjudication of the legal challenge or related administrative process. ``(2) Injunction.--After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to the time period that the injunction is in effect. ``(d) Applicability of Section 6405.--On the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land ownership shall revert to the respective ownership status prior to the land exchange as provided in section 6405.''.

King Cove All-Weather Road Corridor Act - Amends the Omnibus Public Land Management Act of 2009 to direct the Secretary of the Interior to convey to the state of Alaska federal land within the Izembek National Wildlife Refuge and on Sitkinak Island for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska, in exchange for non-federal land owned by the state and the King Cove Corporation. Adds the conveyed non-federal and other specified land to the Izembek National Wildlife Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate.

King Cove All-Weather Road Corridor Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "King Cove All-Weather Road Corridor Act". <SECTION-HEADER> IZEMBEK NATIONAL WILDLIFE REFUGE LAND CONVEYANCE. Title VI of the Omnibus Public Land Management Act of 2009 is amended by striking subtitle E and inserting the following: "Subtitle E Izembek National Wildlife Refuge Land Conveyance "Section 6401. DEFINITIONS. "In this subtitle: Corporation. The term `Corporation' means the King Cove Corporation. Federal land. The term `Federal land' means the approximately 206 acres of Federal land located within the Refuge, as generally depicted on the map. And the approximately 1,600 acres of Federal land located on Sitkinak Island, as generally depicted on the map. Governor. The term `Governor' means the Governor of the State. Map. The term `map' means each of the map entitled `Izembek and Alaska Peninsula National Wildlife Refuges' and dated September 2, 2008. And the map entitled `Sitkinak Island-Alaska Maritime National Wildlife Refuge' and dated September 2, 2008. Non-federal land. The term `non-Federal land' means the approximately 43,093 acres of land owned by the State, as generally depicted on the map. And the approximately 13,300 acres of land owned by the Corporation (including approximately 5,430 acres of land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native Claims Settlement Act as part of the land exchange under section 6402(a)), as generally depicted on the map. Refuge. The term `Refuge' means the Izembek National Wildlife Refuge. Secretary. The term `Secretary' means the Secretary of the Interior. State. The term `State' means the State of Alaska. Tribe. The term `Tribe' means the Agdaagux Tribe of King Cove, Alaska. "Section 6402. LAND CONVEYANCE. In General. On the date of enactment of the King Cove All- Weather Road Corridor Act, subject to the conditions and requirements described in this subtitle, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska. Land Exchange. In general. As a condition of the conveyance under subsection (a), the State and the Corporation shall, not later than 15 days after the date of enactment of the King Cove All- Weather Road Corridor Act, notify the Secretary of the intent to convey the non-Federal land from the State and the Corporation to the United States. Reversion. The land conveyance under section 6402(a) shall be null and void if the State and the Corporation have not conveyed the non-Federal land from the State and the Corporation to the United States not later than 60 days after the date of enactment of King Cove All-Weather Road Corridor Act. Valuation. The land conveyed under subsection (a) shall not be subject to any requirement under any Federal law relating to the valuation, appraisal, or equalization of land. Considerations. In constructing the road described in subsection (a), the Governor shall minimize the adverse impact of the road corridor on the Refuge. Minimize the acreage of Federal land that is required for the construction of the road corridor, consistent with national road construction safety practices. And to the maximum extent practicable, incorporate into the road corridor roads that are in existence as of the date of enactment of the King Cove All-Weather Road Corridor Act. "Section 6403. KING COVE ROAD. Requirements Relating to Use, Barrier Cables, and Dimensions. Limitations on use. In general. Except as provided in subparagraph (B), any portion of the road constructed on the land conveyed under section 6402(a) shall be used primarily for health and safety purposes and only for noncommercial purposes. Exceptions. Notwithstanding subparagraph , the use of taxis, commercial vans for public transportation, and shared rides shall be allowed on the road described in subparagraph (A). Requirement of barrier cable. The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled `Mitigation Measure MM-11, King Cove Access Project Final Environmental Impact Statement Record of Decision' and dated January 22, 2004. Required dimensions and design features. The road described in paragraph (1)(A) shall have a width of not greater than a single lane, in accordance with the applicable road standards of the State, be constructed with gravel. And if determined to be necessary, be constructed to include appropriate safety pullouts. Support Facilities. Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge. Federal Permits. It is the intent of Congress that any Federal permit required for construction of the road be issued or denied not later than 1 year after the date of application for the permit. Transfer of Land After Construction. On the date on which the road described in subsection (a)(1)(A) is completed, the Governor of the State shall transfer to the United States any land conveyed under section 6402(a) that the Governor determines is not necessary for the road corridor. Applicable Law. Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest Lands Conservation Act . Avoidance of Wildlife Impacts and Mitigation of Wetland Loss. Avoidance of wildlife impacts. In general. Road construction shall comply with standard construction practices in the State, as determined by the Governor of the State, that identify critical periods during the calendar year when the Refuge is utilized by wildlife, especially migratory birds. Include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods to minimize impacts to wildlife. And allow for the timely construction of the road. Public availability. The Governor of the State shall make available to the public the practices described in subparagraph (A). Mitigation of wetlands loss. The land conveyed under section 6402(a) shall comply with section 404 of the Federal Water Pollution Control Act with regard to minimizing, to the greatest extent practicable, the filling, fragmentation or loss of wetlands, especially intertidal wetlands, and the Governor shall evaluate mitigating any effect on those wetlands transferred in Federal ownership under the provisions of this subtitle. "Section 6404. ADMINISTRATION OF CONVEYED LANDS. Federal Land. On completion of the land exchange under section 6402(a) the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange. And the Federal land located on Sitkinak Island that is withdrawn for use by the Coast Guard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal. Non-Federal Land. Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map. And administered in accordance with the laws generally applicable to units of the National Wildlife Refuge System. Wilderness Additions. In general. Upon completion of the land exchange under section 6402(a), approximately 43,093 acres of land as generally depicted on the map shall be added to the Izembek National Wildlife Refuge Wilderness. Or the Alaska Peninsula National Wildlife Refuge Wilderness. Administration. The land added as wilderness under paragraph (1) shall be administered by the Secretary in accordance with the Wilderness Act and other applicable laws . Permits for Dredged or Fill Materials. The land conveyed under section 6402(a) shall not be subject to section 404(c) of the Federal Water Pollution Control Act (33 USC. 1344(c)). "Section 6405. FAILURE TO BEGIN ROAD CONSTRUCTION. Voided Land Conveyance. The land conveyance under section 6402(a) shall be null and void if construction of the road through the Refuge has not begun during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act and ending on the date that is 7 years after the date of enactment of the King Cove All-Weather Road Corridor Act. And has not been completed during the period beginning on the date of enactment of the King Cove All-Weather Road Corridor Act and ending on the date that is 12 years after the date of enactment of the King Cove All-Weather Road Corridor Act. Return of Prior Ownership Status of Federal Land. If the land conveyance is voided under subsection (b) the ownership of the Federal land shall revert back to the United States. And the parcel of the Federal land that is located in the Refuge shall be managed as part of the Izembek National Wildlife Refuge Wilderness. "Section 6406. EXPIRATION OF LEGISLATIVE AUTHORITY. In General. Any legislative authority for construction of a road shall expire at the end of the 7-year period beginning on the date of the enactment of the King Cove All-Weather Road Corridor Act unless a construction permit has been issued during that period. Extension of Authority. If a construction permit is issued within the allotted period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit. Extension of Authority as Result of Legal Challenges. In general. Prior to the issuance of a construction permit, if a lawsuit or administrative appeal is filed challenging the conveyance of the land under section 6402(a) or construction of the road, the 7-year deadline or the 5-year extension period, as appropriate, shall be extended for a time period equivalent to the time consumed by the full adjudication of the legal challenge or related administrative process. Injunction. After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to the time period that the injunction is in effect. Applicability of Section 6405. On the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land ownership shall revert to the respective ownership status prior to the land exchange as provided in section 6405.".

King Cove All-Weather Road Corridor Act - Amends the Omnibus Public Land Management Act of 2009 to direct the Secretary of the Interior to convey to the state of Alaska federal land within the Izembek National Wildlife Refuge and on Sitkinak Island for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska, in exchange for non-federal land owned by the state and the King Cove Corporation. Adds the conveyed non-federal and other specified land to the Izembek National Wildlife Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate.

King Cove All-Weather Road Corridor Act

113_hr2505

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motorcoach Safety, Accountability, and Technology Act of 2013''. SEC. 2. BRAKE PERFORMANCE INSPECTIONS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations to ensure that an individual conducts, before each trip of a motorcoach carried out by a provider of motorcoach services, a brake performance inspection for that motorcoach to ensure that the brake performance satisfies all requirements under Federal law. SEC. 3. BRAKE MONITORING SYSTEMS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that-- (1) establish minimum performance standards for any electronic system onboard a motorcoach that is used to monitor the performance of an air brake system of that motorcoach; and (2) require that each motorcoach with an air brake system, if manufactured after the date that is 2 years after the effective date of the standards established under paragraph (1), be equipped with such an electronic system. SEC. 4. AUTOMATIC EMERGENCY BRAKING AND COLLISION WARNING SYSTEMS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations be equipped with-- (1) an automatic emergency braking system; and (2) a collision warning system. SEC. 5. LANE DEPARTURE WARNING SYSTEMS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations, and with a gross vehicle weight rating of more than 10,000 pounds, be equipped with a lane departure warning system. SEC. 6. SPEED LIMITING DEVICES. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations be equipped with a device that limits the speed at which the motorcoach may travel to not more than 70 miles per hour. SEC. 7. ADDITIONAL REGULATION REQUIREMENTS. In issuing regulations under sections 3, 4, 5, and 6 of this Act, the Secretary of Transportation shall-- (1) require that the technologies mandated for motorcoaches under those sections be tamper resistant; and (2) establish a process for certifying compliance with the regulations. SEC. 8. RETROFITTING. (a) Study.--The Secretary of Transportation shall conduct a study on the feasibility of requiring that motorcoaches, if not manufactured with the technologies referenced in sections 3, 4, 5, and 6 of this Act, be retrofitted with such technologies. (b) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the study conducted under subsection (a). SEC. 9. REGROOVED, RECAPPED, AND RETREADED TIRES. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that establish standards for the use of regrooved, recapped, or retreaded tires on a motorcoach. SEC. 10. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM. Section 31102(b)(2) of title 49, United States Code, is amended by striking subparagraph (X) and inserting the following: ``(X) except in the case of an imminent or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance facility, destination, weigh station, rest stop, turnpike service area, or a location where adequate food, shelter, and sanitation facilities are available for passengers and reasonable accommodation is available for passengers with disabilities; and''. SEC. 11. DEFINITIONS. In this Act, the following definitions apply: (1) Motorcoach.--The term ``motorcoach'' has the meaning given that term in section 32702(6) of MAP-21, except that the reference in such section to section 3038(a)(3) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note) shall be treated as referring to such section 3038(a)(3) as in effect on the day before the date of enactment of MAP-21. (2) Provider of motorcoach services.--The term ``provider of motorcoach services'' has the meaning given that term in section 32702(10) of MAP-21, except that the term ``motorcoach'', as used in such section, shall be treated as having the meaning given such term under paragraph (1) of this section.

Motorcoach Safety, Accountability, and Technology Act of 2013 - Directs the Secretary of Transportation (DOT) to issue regulations to ensure that an individual conducts a brake performance inspection before each motorcoach trip to ensure that the brake performance satisfies all federal law requirements. Directs the Secretary to issue regulations to: (1) establish minimum performance standards for onboard electronic air brake monitoring systems for motorcoaches, (2) require motorcoaches to be equipped with automatic emergency braking and collision warning systems, (3) require motorcoaches with a gross vehicle weight rating of more than 10,000 pounds to be equipped with a lane departure warning system, and (4) require motorcoaches to be equipped with a device to limit maximum speed to 70 miles per hour. Requires the Secretary to make such technologies tamper resistant. Directs the Secretary to study the feasibility of requiring motorcoaches be retrofitted with such technologies. Directs the Secretary to issue regulations to establish standards for motorcoaches to use regrooved, recapped, or retreaded tires. Revises Motor Carrier Safety Assistance Program requirements. Requires the Secretary to approve plans under which states agree to assume responsibility for improving motor carrier safety and adopt and to enforce commercial motor vehicle safety, hazardous materials transportation safety, or compatible regulations, standards, and orders if the plan ensures that an inspection of a passenger motorcoach is conducted at a station, terminal, border crossing maintenance facility, and destination , but also a weigh station, rest stop, turnpike service area, or other location where adequate food, shelter, and sanitation facilities are available for passengers as well as passengers with disabilities.

Motorcoach Safety, Accountability, and Technology Act of 2013

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Motorcoach Safety, Accountability, and Technology Act of 2013". <SECTION-HEADER> BRAKE PERFORMANCE INSPECTIONS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations to ensure that an individual conducts, before each trip of a motorcoach carried out by a provider of motorcoach services, a brake performance inspection for that motorcoach to ensure that the brake performance satisfies all requirements under Federal law. <SECTION-HEADER> BRAKE MONITORING SYSTEMS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that establish minimum performance standards for any electronic system onboard a motorcoach that is used to monitor the performance of an air brake system of that motorcoach. And require that each motorcoach with an air brake system, if manufactured after the date that is 2 years after the effective date of the standards established under paragraph , be equipped with such an electronic system. <SECTION-HEADER> AUTOMATIC EMERGENCY BRAKING AND COLLISION WARNING SYSTEMS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations be equipped with an automatic emergency braking system. And a collision warning system. <SECTION-HEADER> LANE DEPARTURE WARNING SYSTEMS. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations, and with a gross vehicle weight rating of more than 10,000 pounds, be equipped with a lane departure warning system. <SECTION-HEADER> SPEED LIMITING DEVICES. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations be equipped with a device that limits the speed at which the motorcoach may travel to not more than 70 miles per hour. <SECTION-HEADER> ADDITIONAL REGULATION REQUIREMENTS. In issuing regulations under sections 3, 4, 5, and 6 of this Act, the Secretary of Transportation shall require that the technologies mandated for motorcoaches under those sections be tamper resistant. And establish a process for certifying compliance with the regulations. <SECTION-HEADER> RETROFITTING. Study. The Secretary of Transportation shall conduct a study on the feasibility of requiring that motorcoaches, if not manufactured with the technologies referenced in sections 3, 4, 5, and 6 of this Act, be retrofitted with such technologies. Report. Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the study conducted under subsection (a). <SECTION-HEADER> REGROOVED, RECAPPED, AND RETREADED TIRES. Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that establish standards for the use of regrooved, recapped, or retreaded tires on a motorcoach. <SECTION-HEADER> MOTOR CARRIER SAFETY ASSISTANCE PROGRAM. Section 31102(b)(2) of title 49, United States Code, is amended by striking subparagraph (X) and inserting the following: except in the case of an imminent or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance facility, destination, weigh station, rest stop, turnpike service area, or a location where adequate food, shelter, and sanitation facilities are available for passengers and reasonable accommodation is available for passengers with disabilities. And". <SECTION-HEADER> DEFINITIONS. In this Act, the following definitions apply: Motorcoach. The term "motorcoach" has the meaning given that term in section 32702(6) of MAP-21, except that the reference in such section to section 3038(a)(3) of the Transportation Equity Act for the 21st Century shall be treated as referring to such section 3038(a)(3) as in effect on the day before the date of enactment of MAP-21. Provider of motorcoach services. The term "provider of motorcoach services" has the meaning given that term in section 32702(10) of MAP-21, except that the term "motorcoach", as used in such section, shall be treated as having the meaning given such term under paragraph (1) of this section.

Motorcoach Safety, Accountability, and Technology Act of 2013 - Directs the Secretary of Transportation (DOT) to issue regulations to ensure that an individual conducts a brake performance inspection before each motorcoach trip to ensure that the brake performance satisfies all federal law requirements. Directs the Secretary to issue regulations to: (1) establish minimum performance standards for onboard electronic air brake monitoring systems for motorcoaches, (2) require motorcoaches to be equipped with automatic emergency braking and collision warning systems, (3) require motorcoaches with a gross vehicle weight rating of more than 10,000 pounds to be equipped with a lane departure warning system, and (4) require motorcoaches to be equipped with a device to limit maximum speed to 70 miles per hour. Requires the Secretary to make such technologies tamper resistant. Directs the Secretary to study the feasibility of requiring motorcoaches be retrofitted with such technologies. Directs the Secretary to issue regulations to establish standards for motorcoaches to use regrooved, recapped, or retreaded tires. Revises Motor Carrier Safety Assistance Program requirements. Requires the Secretary to approve plans under which states agree to assume responsibility for improving motor carrier safety and adopt and to enforce commercial motor vehicle safety, hazardous materials transportation safety, or compatible regulations, standards, and orders if the plan ensures that an inspection of a passenger motorcoach is conducted at a station, terminal, border crossing maintenance facility, and destination , but also a weigh station, rest stop, turnpike service area, or other location where adequate food, shelter, and sanitation facilities are available for passengers as well as passengers with disabilities.

Motorcoach Safety, Accountability, and Technology Act of 2013

114_s223

SECTION 1. PILOT PROGRAM ON PROVISION OF FURNITURE, HOUSEHOLD ITEMS, AND OTHER ASSISTANCE TO HOMELESS VETERANS MOVING INTO PERMANENT HOUSING. (a) Pilot Program Required.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to provide furniture, household items, and other assistance to covered veterans moving into permanent housing to facilitate the settlement of such covered veterans in such housing. (2) Eligible entities.--For purposes of the pilot program, an eligible entity is any of the following: (A) A veterans service agency. (B) A veterans service organization. (C) A nongovernmental organization that-- (i) is described in paragraph (3), (4), or (19) of section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code; and (ii) has an established history of providing assistance to veterans or the homeless. (3) Covered veterans.--For purposes of the pilot program, a covered veteran is any of the following: (A) A formerly homeless veteran who is receiving housing, clinical services, and case management assistance under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)). (B) A veteran who is receiving-- (i) assistance from, or is the beneficiary of a service furnished by, a program that is in receipt of a grant under section 2011 of title 38, United States Code; or (ii) services for which per diem payment is received under section 2012 of such title. (C) A veteran who is-- (i) a beneficiary of the outreach program carried out under section 2022(e) of such title; or (ii) in receipt of referral or counseling services from the program carried out under section 2023 of such title. (D) A veteran who is receiving a service or assistance under section 2031 of such title. (E) A veteran who is residing in therapeutic housing operated under section 2032 of such title. (F) A veteran who is receiving domiciliary services under section 2043 of such title or domiciliary care under section 1710(b) of such title. (G) A veteran who is receiving supportive services under section 2044 of such title. (4) Duration.--The Secretary shall carry out the pilot program during the three-year period beginning on the date of the commencement of the pilot program. (b) Grants.-- (1) In general.--The Secretary shall carry out the pilot program through the award of grants to eligible entities for the provision of furniture and other household items as described in subsection (a)(1). (2) Maximum amount.--The amount of a grant awarded under the pilot program shall not exceed $500,000. (c) Selection of Grant Recipients.-- (1) Application.--An eligible entity seeking a grant under the pilot program shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. (2) Selection priority.-- (A) Communities with greatest need.--Subject to subparagraph (B), in accordance with regulations the Secretary shall prescribe, the Secretary shall give priority in the awarding of grants under the pilot program to eligible entities who serve communities which the Secretary determines have the greatest need of homeless services. (B) Geographic distribution.--The Secretary may give priority in the awarding of grants under the pilot program to achieve a fair distribution, as determined by the Secretary, among eligible entities serving covered veterans in different geographic regions, including in rural communities and tribal lands. (d) Use of Grant Funds.-- (1) In general.--Except as provided in paragraph (2), each eligible entity receiving a grant under the pilot program shall use the grant-- (A) to coordinate with the Secretary to facilitate distribution of furniture and other household items to covered veterans moving into permanent housing; (B) to purchase, or otherwise obtain via donation, furniture and household items for use by such covered veterans; (C) to distribute such furniture and household items to such covered veterans; and (D) to pay for background checks, provide security deposits, provide funds for utilities, and provide moving expenses for such covered veterans that are necessary for the settlement of such covered veterans in such housing. (2) Maximum amount of assistance.--A recipient of a grant awarded under the pilot program may not expend more than $2,500 of the amount of the grant awarded for the provision to a single covered veteran of assistance under the pilot program. (3) Memorandums of understanding.--In the case of an eligible entity receiving a grant under the pilot program that entered into a memorandum of understanding with the Secretary before the date of the enactment of this Act that provides for the provision of furniture and other household items to covered veterans as described in subsection (a) without Federal compensation, the eligible entity may use the grant in accordance with the provisions of such memorandum of understanding in lieu of paragraph (1). (4) Full use of funds.-- (A) In general.--A recipient of a grant awarded under the pilot program shall use the full amount of the grant by not later than one year after the date on which the Secretary awards such grant. (B) Recovery.--The Secretary may recover from a recipient of a grant awarded under this section all of the unused amounts of the grant if all of the amounts of the grant are not used-- (i) pursuant to paragraph (1) and subparagraph (A) of this paragraph; or (ii) in a case described in paragraph (3), pursuant to an applicable memorandum of understanding. (e) Outreach.--The Secretary shall conduct outreach, including under chapter 63 of title 38, United States Code, to inform covered veterans about their eligibility to receive household items, furniture, and other assistance under the pilot program. (f) Regulations.--The Secretary shall prescribe regulations for-- (1) evaluating an application by an eligible entity for a grant under the pilot program; and (2) otherwise administering the pilot program. (g) Report.-- (1) In general.--Not later than the date that is 90 days after the last day of the pilot program, the Secretary shall submit to Congress a report on the pilot program. (2) Contents.--The report submitted under paragraph (1) shall include the following: (A) An assessment of the pilot program. (B) The findings of the Secretary with respect to the feasibility and advisability of awarding grants to eligible entities as described in subsection (a)(1). (C) Such recommendations as the Secretary may have for legislative or administrative action to facilitate the settlement of covered veterans into permanent housing. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each year of the pilot program. (i) Definitions.--In this section: (1) Outreach.--The term ``outreach'' has the meaning given such term in section 6301(b)(1) of title 38, United States Code. (2) Veterans service agency.--The term ``veterans service agency'' means a unit of a State government, or a political subdivision thereof, that has primary responsibility for programs and activities of such government or subdivision related to veterans benefits. (3) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.

Directs the Secretary of Veterans Affairs (VA) to conduct a three-year pilot program to assess the feasibility and advisability of awarding grants to veterans service agencies, veterans service organizations, and nongovernmental tax-exempt organizations with experience assisting veterans or the homeless to provide veterans who are receiving specified VA homeless benefits with furniture, household items, and other assistance to facilitate their settlement into permanent housing. Requires the Secretary to: (1) give grant priority to applicants who serve communities that have the greatest need of homeless services, and (2) inform veterans of their eligibility to receive benefits under the pilot program. Caps the amount of each grant and the amount of each grant that a grantee may use to provide benefits to an individual veteran.

A bill to require the Secretary of Veterans Affairs to establish a pilot program on awarding grants for provision of furniture, household items, and other assistance to homeless veterans to facilitate their transition into permanent housing, and for other purposes.

<SECTION-HEADER> PILOT PROGRAM ON PROVISION OF FURNITURE, HOUSEHOLD ITEMS, AND OTHER ASSISTANCE TO HOMELESS VETERANS MOVING INTO PERMANENT HOUSING. Pilot Program Required. In general. Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to provide furniture, household items, and other assistance to covered veterans moving into permanent housing to facilitate the settlement of such covered veterans in such housing. Eligible entities. For purposes of the pilot program, an eligible entity is any of the following: A veterans service agency. A veterans service organization. A nongovernmental organization that is described in paragraph (3), (4), or of section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. And has an established history of providing assistance to veterans or the homeless. Covered veterans. For purposes of the pilot program, a covered veteran is any of the following: A formerly homeless veteran who is receiving housing, clinical services, and case management assistance under section 8(o)(19) of the United States Housing Act of 1937 (42 USC. 1437f(o)(19)). A veteran who is receiving assistance from, or is the beneficiary of a service furnished by, a program that is in receipt of a grant under section 2011 of title 38, United States Code. Or services for which per diem payment is received under section 2012 of such title. A veteran who is a beneficiary of the outreach program carried out under section 2022(e) of such title. Or in receipt of referral or counseling services from the program carried out under section 2023 of such title. A veteran who is receiving a service or assistance under section 2031 of such title. A veteran who is residing in therapeutic housing operated under section 2032 of such title. A veteran who is receiving domiciliary services under section 2043 of such title or domiciliary care under section 1710(b) of such title. A veteran who is receiving supportive services under section 2044 of such title. Duration. The Secretary shall carry out the pilot program during the three-year period beginning on the date of the commencement of the pilot program. Grants. In general. The Secretary shall carry out the pilot program through the award of grants to eligible entities for the provision of furniture and other household items as described in subsection (a)(1). Maximum amount. The amount of a grant awarded under the pilot program shall not exceed $500,000. Selection of Grant Recipients. Application. An eligible entity seeking a grant under the pilot program shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate. Selection priority. Communities with greatest need. Subject to subparagraph (B), in accordance with regulations the Secretary shall prescribe, the Secretary shall give priority in the awarding of grants under the pilot program to eligible entities who serve communities which the Secretary determines have the greatest need of homeless services. Geographic distribution. The Secretary may give priority in the awarding of grants under the pilot program to achieve a fair distribution, as determined by the Secretary, among eligible entities serving covered veterans in different geographic regions, including in rural communities and tribal lands. Use of Grant Funds. In general. Except as provided in paragraph (2), each eligible entity receiving a grant under the pilot program shall use the grant to coordinate with the Secretary to facilitate distribution of furniture and other household items to covered veterans moving into permanent housing. To purchase, or otherwise obtain via donation, furniture and household items for use by such covered veterans. To distribute such furniture and household items to such covered veterans. And to pay for background checks, provide security deposits, provide funds for utilities, and provide moving expenses for such covered veterans that are necessary for the settlement of such covered veterans in such housing. Maximum amount of assistance. A recipient of a grant awarded under the pilot program may not expend more than $2,500 of the amount of the grant awarded for the provision to a single covered veteran of assistance under the pilot program. Memorandums of understanding. In the case of an eligible entity receiving a grant under the pilot program that entered into a memorandum of understanding with the Secretary before the date of the enactment of this Act that provides for the provision of furniture and other household items to covered veterans as described in subsection (a) without Federal compensation, the eligible entity may use the grant in accordance with the provisions of such memorandum of understanding in lieu of paragraph (1). Full use of funds. In general. A recipient of a grant awarded under the pilot program shall use the full amount of the grant by not later than one year after the date on which the Secretary awards such grant. Recovery. The Secretary may recover from a recipient of a grant awarded under this section all of the unused amounts of the grant if all of the amounts of the grant are not used pursuant to paragraph (1) and subparagraph (A) of this paragraph. Or in a case described in paragraph (3), pursuant to an applicable memorandum of understanding. Outreach. The Secretary shall conduct outreach, including under chapter 63 of title 38, United States Code, to inform covered veterans about their eligibility to receive household items, furniture, and other assistance under the pilot program. Regulations. The Secretary shall prescribe regulations for evaluating an application by an eligible entity for a grant under the pilot program. And otherwise administering the pilot program. Report. In general. Not later than the date that is 90 days after the last day of the pilot program, the Secretary shall submit to Congress a report on the pilot program. Contents. The report submitted under paragraph (1) shall include the following: An assessment of the pilot program. The findings of the Secretary with respect to the feasibility and advisability of awarding grants to eligible entities as described in subsection (a)(1). Such recommendations as the Secretary may have for legislative or administrative action to facilitate the settlement of covered veterans into permanent housing. Authorization of Appropriations. There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each year of the pilot program. Definitions. In this section: Outreach. The term "outreach" has the meaning given such term in section 6301(b)(1) of title 38, United States Code. Veterans service agency. The term "veterans service agency" means a unit of a State government, or a political subdivision thereof, that has primary responsibility for programs and activities of such government or subdivision related to veterans benefits. Veterans service organization. The term "veterans service organization" means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.

Directs the Secretary of Veterans Affairs (VA) to conduct a three-year pilot program to assess the feasibility and advisability of awarding grants to veterans service agencies, veterans service organizations, and nongovernmental tax-exempt organizations with experience assisting veterans or the homeless to provide veterans who are receiving specified VA homeless benefits with furniture, household items, and other assistance to facilitate their settlement into permanent housing. Requires the Secretary to: (1) give grant priority to applicants who serve communities that have the greatest need of homeless services, and (2) inform veterans of their eligibility to receive benefits under the pilot program. Caps the amount of each grant and the amount of each grant that a grantee may use to provide benefits to an individual veteran.

A bill to require the Secretary of Veterans Affairs to establish a pilot program on awarding grants for provision of furniture, household items, and other assistance to homeless veterans to facilitate their transition into permanent housing, and for other purposes.

108_s2898

SECTION 1. SHORT TITLE. This Act may be cited as the ``Program Assessment and Results Act''. SEC. 2. FINDINGS. Congress finds that-- (1) inefficiency and ineffectiveness in Federal programs undermines the confidence of the American people in the Government and reduces the Federal Government's ability to adequately address vital public needs; (2) insufficient information on program performance seriously disadvantages Federal managers in their efforts to improve program efficiency and effectiveness; (3) congressional policy making, spending decisions, and program oversight are handicapped by insufficient attention to program performance and results; (4) programs performing similar or duplicative functions that exist within a single agency or across multiple agencies should be identified and their performance and results shared among all such programs to improve their performance and results; (5) advocates of good government continue to seek ways to improve accountability, focus on results, and integrate the performance of programs with decisions about budgets; (6) with the passage of the Government Performance and Results Act of 1993, the Congress directed the executive branch to seek improvements in the effectiveness, efficiency, and accountability of Federal programs by having agencies focus on program results; and (7) the Government Performance and Results Act of 1993 provided a strong framework for the executive branch to monitor the long-term goals and annual performance of its departments and agencies. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to improve the Government Performance and Results Act of 1993 by implementing a program assessment and evaluation process that attempts to determine the strengths and weaknesses of Federal programs with a particular focus on the results produced by individual programs; (2) to use the information gathered in the assessment and evaluation process to build on the groundwork laid in the Government Performance and Results Act of 1993 to help the executive branch make informed management decisions and evidence-based funding requests aimed at achieving positive results; and (3) to provide congressional policy makers the information needed to conduct more effective oversight, to make better- informed authorization decisions, and to make more evidence- based spending decisions that achieve positive results for the American people. SEC. 4. PROGRAM ASSESSMENT. (a) Requirement for Program Assessments.--Chapter 11 of title 31, United States Code, as amended by the Government Performance and Results Act of 1993, is amended by adding at the end the following new section: ``Sec. 1120. Program assessment ``(a) Assessment.--The Director of the Office of Management and Budget to the maximum extent practicable shall conduct, jointly with agencies of the Federal Government, an assessment of each program at least once every 5 fiscal years. ``(b) Assessment Requirements.--In conducting an assessment of a program under subsection (a), the Director of the Office of Management and Budget and the head of the relevant agency shall-- ``(1) coordinate to determine the programs to be assessed; and ``(2) evaluate the purpose, design, strategic plan, management, and results of the program, and such other matters as the Director considers appropriate. ``(c) Criteria for Identifying Programs to Assess.--The Director of the Office of Management and Budget shall develop criteria for identifying programs to be assessed each fiscal year. In developing the criteria, the Director shall take into account the advantages of assessing during the same fiscal year any programs that are performing similar functions, have similar purposes, or share common goals, such as those contained in strategic plans under section 306 of title 5. To the maximum extent possible, the Director shall assess a representative sample of Federal spending each fiscal year. ``(d) Criteria for More Frequent Assessments.--The Director of the Office of Management and Budget shall make every effort to assess programs more frequently than required under subsection (a) in cases in which programs are determined to be of higher priority, special circumstances exist, improvements have been made, or the head of the relevant agency and the Director determine that more frequent assessment is warranted. ``(e) Publication.--At least 90 days before completing the assessments under this section to be conducted during a fiscal year, the Director of the Office of Management and Budget shall-- ``(1) make available in electronic form through the Office of Management and Budget website or any successor website, and provide to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate-- ``(A) a list of the programs to be assessed during that fiscal year; and ``(B) the criteria that will be used to assess the programs; and ``(2) provide a mechanism for interested persons to comment on the programs being assessed and the criteria that will be used to assess the programs. ``(f) Report.--(1) The results of the assessments conducted during a fiscal year shall be submitted in a report to Congress at the same time that the President submits the next budget under section 1105 of this title after the end of that fiscal year. ``(2) The report shall-- ``(A) include the performance goals for each program assessment; ``(B) specify the criteria used for each assessment; ``(C) describe the results of each assessment, including any significant limitation in the assessments; ``(D) describe significant modifications to the Federal Government performance plan required under section 1105(a)(28) of this title made as a result of the assessments; and ``(E) be available in electronic form through the Office of Management and Budget website or any successor website. ``(g) Classified Information.--(1) With respect to program assessments conducted during a fiscal year that contain classified information, the President shall submit on the same date as the report is submitted under subsection (f)-- ``(A) a copy of each such assessment (including the classified information), to the appropriate committees of jurisdiction of the House of Representatives and the Senate; and ``(B) consistent with statutory law governing the disclosure of classified information, an appendix containing a list of each such assessment and the committees to which a copy of the assessment was submitted under subparagraph (A), to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate. ``(2) Upon request from the Committee on Government Reform of the House of Representatives or the Committee on Governmental Affairs of the Senate, the Director of the Office of Management and Budget shall, consistent with statutory law governing the disclosure of classified information, provide to the Committee a copy of-- ``(A) any assessment described in subparagraph (A) of paragraph (1) (including any assessment not listed in any appendix submitted under subparagraph (B) of such paragraph); and ``(B) any appendix described in subparagraph (B) of paragraph (1). ``(3) In this subsection, the term `classified information' refers to matters described in section 552(b)(1)(A) of title 5. ``(h) Inherently Governmental Functions.--The functions and activities authorized or required by this section shall be considered inherently Governmental functions and shall be performed only by Federal employees. ``(i) Termination.--This section shall not be in effect after September 30, 2013.''. (b) Guidance.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe guidance to implement the requirements of section 1120 of title 31, United States Code, as added by subsection (a), including guidance on a definition of the term ``program''. (c) Conforming and Clerical Amendments.-- (1) Section 1115(g) of title 31, United States Code, is amended by striking ``1119'' and inserting ``1120''. (2) The table of sections at the beginning of chapter 11 of title 31, United States Code, is amended by adding at the end the following: ``1120. Program assessment.''. SEC. 5. STRATEGIC PLANNING AMENDMENTS. (a) Change in Deadline for Strategic Plan.--Subsection (a) of section 306 of title 5, United States Code, is amended by striking ``No later than September 30, 1997,'' and inserting ``Not later than September 30 of each year following a year in which an election for President occurs, beginning with September 30, 2005,''. (b) Change in Period of Coverage of Strategic Plan.--Subsection (b) of section 306 of title 5, United States Code, is amended to read as follows: ``(b) Each strategic plan shall cover the 4-year period beginning on October 1 of the year following a year in which an election for President occurs.''.

Program Assessment and Results Act - Amends the Federal law provisions concerning the budget and fiscal, budget, and program information to require the Director of the Office of Management and Budget to assess, jointly with Federal agencies, each program of such agencies at least once every five fiscal years. Instructs the Director to develop criteria for identifying programs to be assessed each fiscal year. Requires the results of such assessments to be submitted in a report to Congress at the same time the President submits the next Federal budget. Sunsets the above provisions after September 30, 2013. Requires the head of each agency to submit to the Director of the Office of Management and Budget and to the Congress a strategic plan for program activities not later than September 30 of each year following a year in which an election for President occurs, beginning September 30, 2005.

A bill to require the review of Government programs at least once every 5 years for purposes of evaluating their performance.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Program Assessment and Results Act". <SECTION-HEADER> FINDINGS. Congress finds that inefficiency and ineffectiveness in Federal programs undermines the confidence of the American people in the Government and reduces the Federal Government's ability to adequately address vital public needs. Insufficient information on program performance seriously disadvantages Federal managers in their efforts to improve program efficiency and effectiveness. Congressional policy making, spending decisions, and program oversight are handicapped by insufficient attention to program performance and results. Programs performing similar or duplicative functions that exist within a single agency or across multiple agencies should be identified and their performance and results shared among all such programs to improve their performance and results. Advocates of good government continue to seek ways to improve accountability, focus on results, and integrate the performance of programs with decisions about budgets. With the passage of the Government Performance and Results Act of 1993, the Congress directed the executive branch to seek improvements in the effectiveness, efficiency, and accountability of Federal programs by having agencies focus on program results. And the Government Performance and Results Act of 1993 provided a strong framework for the executive branch to monitor the long-term goals and annual performance of its departments and agencies. <SECTION-HEADER> PURPOSE. The purposes of this Act are to improve the Government Performance and Results Act of 1993 by implementing a program assessment and evaluation process that attempts to determine the strengths and weaknesses of Federal programs with a particular focus on the results produced by individual programs. To use the information gathered in the assessment and evaluation process to build on the groundwork laid in the Government Performance and Results Act of 1993 to help the executive branch make informed management decisions and evidence-based funding requests aimed at achieving positive results. And to provide congressional policy makers the information needed to conduct more effective oversight, to make better- informed authorization decisions, and to make more evidence- based spending decisions that achieve positive results for the American people. <SECTION-HEADER> PROGRAM ASSESSMENT. Requirement for Program Assessments. Chapter 11 of title 31, United States Code, as amended by the Government Performance and Results Act of 1993, is amended by adding at the end the following new section: "Section 1120. Program assessment Assessment. The Director of the Office of Management and Budget to the maximum extent practicable shall conduct, jointly with agencies of the Federal Government, an assessment of each program at least once every 5 fiscal years. Assessment Requirements. In conducting an assessment of a program under subsection (a), the Director of the Office of Management and Budget and the head of the relevant agency shall coordinate to determine the programs to be assessed. And evaluate the purpose, design, strategic plan, management, and results of the program, and such other matters as the Director considers appropriate. Criteria for Identifying Programs to Assess. The Director of the Office of Management and Budget shall develop criteria for identifying programs to be assessed each fiscal year. In developing the criteria, the Director shall take into account the advantages of assessing during the same fiscal year any programs that are performing similar functions, have similar purposes, or share common goals, such as those contained in strategic plans under section 306 of title 5. To the maximum extent possible, the Director shall assess a representative sample of Federal spending each fiscal year. Criteria for More Frequent Assessments. The Director of the Office of Management and Budget shall make every effort to assess programs more frequently than required under subsection (a) in cases in which programs are determined to be of higher priority, special circumstances exist, improvements have been made, or the head of the relevant agency and the Director determine that more frequent assessment is warranted. Publication. At least 90 days before completing the assessments under this section to be conducted during a fiscal year, the Director of the Office of Management and Budget shall make available in electronic form through the Office of Management and Budget website or any successor website, and provide to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate a list of the programs to be assessed during that fiscal year. And the criteria that will be used to assess the programs. And provide a mechanism for interested persons to comment on the programs being assessed and the criteria that will be used to assess the programs. Report. (1) The results of the assessments conducted during a fiscal year shall be submitted in a report to Congress at the same time that the President submits the next budget under section 1105 of this title after the end of that fiscal year. The report shall include the performance goals for each program assessment, specify the criteria used for each assessment. Describe the results of each assessment, including any significant limitation in the assessments. Describe significant modifications to the Federal Government performance plan required under section 1105(a)(28) of this title made as a result of the assessments. And be available in electronic form through the Office of Management and Budget website or any successor website. Classified Information. (1) With respect to program assessments conducted during a fiscal year that contain classified information, the President shall submit on the same date as the report is submitted under subsection (f) a copy of each such assessment , to the appropriate committees of jurisdiction of the House of Representatives and the Senate. And consistent with statutory law governing the disclosure of classified information, an appendix containing a list of each such assessment and the committees to which a copy of the assessment was submitted under subparagraph (A), to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate. Upon request from the Committee on Government Reform of the House of Representatives or the Committee on Governmental Affairs of the Senate, the Director of the Office of Management and Budget shall, consistent with statutory law governing the disclosure of classified information, provide to the Committee a copy of any assessment described in subparagraph (A) of paragraph (1) (including any assessment not listed in any appendix submitted under subparagraph. And any appendix described in subparagraph (B) of paragraph (1). In this subsection, the term `classified information' refers to matters described in section 552(b)(1)(A) of title 5. Inherently Governmental Functions. The functions and activities authorized or required by this section shall be considered inherently Governmental functions and shall be performed only by Federal employees. Termination. This section shall not be in effect after September 30, 2013.". Guidance. Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe guidance to implement the requirements of section 1120 of title 31, United States Code, as added by subsection , including guidance on a definition of the term "program". Conforming and Clerical Amendments. Section 1115(g) of title 31, United States Code, is amended by striking "1119" and inserting "1120". The table of sections at the beginning of chapter 11 of title 31, United States Code, is amended by adding at the end the following: "1120. Program assessment.". <SECTION-HEADER> STRATEGIC PLANNING AMENDMENTS. Change in Deadline for Strategic Plan. Subsection (a) of section 306 of title 5, United States Code, is amended by striking "No later than September 30, 1997," and inserting "Not later than September 30 of each year following a year in which an election for President occurs, beginning with September 30, 2005,". Change in Period of Coverage of Strategic Plan. Subsection (b) of section 306 of title 5, United States Code, is amended to read as follows: Each strategic plan shall cover the 4-year period beginning on October 1 of the year following a year in which an election for President occurs.".

Program Assessment and Results Act - Amends the Federal law provisions concerning the budget and fiscal, budget, and program information to require the Director of the Office of Management and Budget to assess, jointly with Federal agencies, each program of such agencies at least once every five fiscal years. Instructs the Director to develop criteria for identifying programs to be assessed each fiscal year. Requires the results of such assessments to be submitted in a report to Congress at the same time the President submits the next Federal budget. Sunsets the above provisions after September 30, 2013. Requires the head of each agency to submit to the Director of the Office of Management and Budget and to the Congress a strategic plan for program activities not later than September 30 of each year following a year in which an election for President occurs, beginning September 30, 2005.

A bill to require the review of Government programs at least once every 5 years for purposes of evaluating their performance.

106_s2364

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Right to Know Act''. SEC. 2. EXPANSION OF SOCIAL SECURITY ACCOUNT STATEMENT. (a) In General.--Section 1143(a)(2) of the Social Security Act (42 U.S.C. 1320b-13(a)(2)) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a semicolon, and by adding at the end the following: ``(E) a statement providing information that-- ``(i) while the old age, survivors, and disability insurance program currently collects more in employer, employee, and self-employment contributions than such program pays out in retirement, disability, survivor, and auxiliary benefits each year, such program will begin to run cash flow deficits in 2015, thereafter necessitating the allocation of general tax revenues in order to finance promised benefits; and ``(ii) the trust funds for such program contain claims on future Government resources sufficient to cover the deficit through 2037, but after that date, the trust funds would collect sufficient revenues to pay 72 percent of benefits; and ``(F) a statement explaining the nature of the Federal old age, survivors, and disability insurance trust funds, including the following: `Social Security Trust Fund balances are available to finance future benefit payments and other Trust Fund responsibilities only in a bookkeeping sense. They do not consist of real economic assets that can be drawn down in the future to fund benefits. Instead, such balances are claims on the United States Treasury that, when redeemed, will have to be financed by raising taxes, borrowing from the public, or reducing benefits or other expenditures. The existence of large Social Security Trust Fund balances, therefore, does not, by itself, have any impact on the Federal Government's ability to pay benefits.'. For purposes of subparagraph (E), the dates and percentages described in such subparagraph shall be adjusted annually based on the Alternative II (Intermediate) findings of the Office of the Chief Actuary contained in the most recent report of the Board of Trustees.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to statements provided after the date of enactment of this Act. SEC. 3. EXPANSION OF ANNUAL REPORT OF THE TRUSTEES OF THE SOCIAL SECURITY TRUST FUNDS. (a) In General.--Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is amended by inserting before the penultimate sentence the following: ``Based on the Alternative II (Intermediate) findings of the Office of the Chief Actuary, such report, including the report's summary and any items that accompany the release of such report, shall include in a clear and simple manner the information described in subsection (n)(1). (b) Additional Contents of Report.--Section 201 of the Social Security Act (42 U.S.C. 401) is amended by adding at the end the following: ``(n)(1) For purposes of subsection (c), the information described in this subsection is the following: ``(A) An estimate of the year in which annual outlays from the Trust Funds is first projected, using the Trustees' intermediate estimates, to exceed the annual cash income of the Trust Funds. For purposes of this paragraph, annual cash income of the Trust Funds shall be determined by including payroll and benefit tax revenues, but not intragovernmental transfers or interest income. ``(B) The annual excess of such projected annual outlays from the Trust Funds over the annual cash income of the Trust Funds in each year, beginning with the first year identified in subparagraph (A) and extending through the year of projected program insolvency. ``(C) The aggregate amount of the annual excesses identified in subparagraph (B) for the 75-year projection period included in the report and the change in such amount from the previous year's report. ``(D) The amount of deficit or surplus that the old-age, survivor, and disability insurance program will run in the last year in the 75-year projection period included in the report and the aggregate assets and unfunded obligations contained in the Trust Funds in that final projected year. ``(E) The amount that payroll taxes would have to be raised or benefits be reduced (both in percentage terms) in order to keep the old-age, survivor, and disability insurance program in annual financial balance after any cumulative balances in the Trust Funds are exhausted. For purposes of the preceding sentence, such program shall be considered to be in annual financial balance when the annual cash income of the Trust Funds and annual outlays from the Trust Funds are approximately equal for each year throughout the 75-year projection period included in the report. ``(F) How the annual amounts identified in subparagraph (B) would change if either raising payroll taxes or reducing benefits to keep the program in financial balance is delayed for 5, 10, 25, and 50 years. ``(G) A provision explaining the nature of the Trust Funds, including the following statement: `Social Security Trust Fund balances are available to finance future benefit payments and other Trust Fund responsibilities only in a bookkeeping sense. They do not consist of real economic assets that can be drawn down in the future to fund benefits. Instead, such balances are claims on the United States Treasury that, when redeemed, will have to be financed by raising taxes, borrowing from the public, or reducing benefits or other expenditures. The existence of large Social Security Trust Fund balances, therefore, does not, by itself, have any impact on the Federal Government's ability to pay benefits.'. ``(2) The information described in subparagraphs (B), (C), and (D) of paragraph (1) shall be presented in terms of nominal dollars, inflation-adjusted dollars, and present discounted value in the report under subsection (c)(2), and in terms of inflation-adjusted dollars in the summary of such report. ``(3) The Board of Trustees shall publish the economic model and all relevant data that are used to make the financial projections included in the report under subsection (c)(2) and to make it available on the Social Security Administration Internet web site. Annually, the Board of Trustees shall also include in such report any changes made to the model and data in the preceding 12 months. ``(4) The information described in paragraph (1) shall also be included in a separate report to Congress to be submitted not later than the first day of April of each year (beginning with 2000).''. (c) Effective Date.--The amendments made by this section shall apply with respect to reports made after the date of enactment of this Act.

Amends title II (OASDI) of the SSA to require the annual report of the Board of the Trustees of the OASDI Trust Funds to include: (1) an estimate of the year in which annual outlays from such Funds are first projected to exceed the annual cash income. (2) the annual excess of such projected outlays over such income in each year extending through the year of projected program insolvency. (3) the aggregate amount of such excesses for the 75-year projection period and the change from the previous year. (4) the amount of deficit or surplus that the OASDI program will run in the last year of such period and the aggregate assets and unfunded obligations contained in the Funds in that final projected year. (5) the amount that payroll taxes would have to be raised or benefits be reduced in order to keep the OASDI program in annual financial balance after cumulative balances in the Funds are exhausted. (6) how the annual amounts identified in (2) above would change if either raising payroll taxes or reducing benefits to keep the program in financial balance is delayed for five, ten, 25, and 50 years. And (7) the nature of the OASDI Trust Funds as described in the social security account statements.

Social Security Right to Know Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Social Security Right to Know Act". <SECTION-HEADER> EXPANSION OF SOCIAL SECURITY ACCOUNT STATEMENT. In General. Section 1143(a)(2) of the Social Security Act (42 USC. 1320b-13(a)(2)) is amended by striking "and" at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a semicolon, and by adding at the end the following: a statement providing information that while the old age, survivors, and disability insurance program currently collects more in employer, employee, and self-employment contributions than such program pays out in retirement, disability, survivor, and auxiliary benefits each year, such program will begin to run cash flow deficits in 2015, thereafter necessitating the allocation of general tax revenues in order to finance promised benefits. And the trust funds for such program contain claims on future Government resources sufficient to cover the deficit through 2037, but after that date, the trust funds would collect sufficient revenues to pay 72 percent of benefits. And a statement explaining the nature of the Federal old age, survivors, and disability insurance trust funds, including the following: `Social Security Trust Fund balances are available to finance future benefit payments and other Trust Fund responsibilities only in a bookkeeping sense. They do not consist of real economic assets that can be drawn down in the future to fund benefits. Instead, such balances are claims on the United States Treasury that, when redeemed, will have to be financed by raising taxes, borrowing from the public, or reducing benefits or other expenditures. The existence of large Social Security Trust Fund balances, therefore, does not, by itself, have any impact on the Federal Government's ability to pay benefits.'. For purposes of subparagraph (E), the dates and percentages described in such subparagraph shall be adjusted annually based on the Alternative II (Intermediate) findings of the Office of the Chief Actuary contained in the most recent report of the Board of Trustees.". Effective Date. The amendments made by subsection (a) shall apply with respect to statements provided after the date of enactment of this Act. <SECTION-HEADER> EXPANSION OF ANNUAL REPORT OF THE TRUSTEES OF THE SOCIAL SECURITY TRUST FUNDS. In General. Section 201(c) of the Social Security Act (42 USC. 401(c)) is amended by inserting before the penultimate sentence the following: "Based on the Alternative II (Intermediate) findings of the Office of the Chief Actuary, such report, including the report's summary and any items that accompany the release of such report, shall include in a clear and simple manner the information described in subsection (n)(1). Additional Contents of Report. Section 201 of the Social Security Act is amended by adding at the end the following: (1) For purposes of subsection (c), the information described in this subsection is the following: An estimate of the year in which annual outlays from the Trust Funds is first projected, using the Trustees' intermediate estimates, to exceed the annual cash income of the Trust Funds. For purposes of this paragraph, annual cash income of the Trust Funds shall be determined by including payroll and benefit tax revenues, but not intragovernmental transfers or interest income. The annual excess of such projected annual outlays from the Trust Funds over the annual cash income of the Trust Funds in each year, beginning with the first year identified in subparagraph (A) and extending through the year of projected program insolvency. The aggregate amount of the annual excesses identified in subparagraph (B) for the 75-year projection period included in the report and the change in such amount from the previous year's report. The amount of deficit or surplus that the old-age, survivor, and disability insurance program will run in the last year in the 75-year projection period included in the report and the aggregate assets and unfunded obligations contained in the Trust Funds in that final projected year. The amount that payroll taxes would have to be raised or benefits be reduced in order to keep the old-age, survivor, and disability insurance program in annual financial balance after any cumulative balances in the Trust Funds are exhausted. For purposes of the preceding sentence, such program shall be considered to be in annual financial balance when the annual cash income of the Trust Funds and annual outlays from the Trust Funds are approximately equal for each year throughout the 75-year projection period included in the report. How the annual amounts identified in subparagraph (B) would change if either raising payroll taxes or reducing benefits to keep the program in financial balance is delayed for 5, 10, 25, and 50 years. A provision explaining the nature of the Trust Funds, including the following statement: `Social Security Trust Fund balances are available to finance future benefit payments and other Trust Fund responsibilities only in a bookkeeping sense. They do not consist of real economic assets that can be drawn down in the future to fund benefits. Instead, such balances are claims on the United States Treasury that, when redeemed, will have to be financed by raising taxes, borrowing from the public, or reducing benefits or other expenditures. The existence of large Social Security Trust Fund balances, therefore, does not, by itself, have any impact on the Federal Government's ability to pay benefits.'. The information described in subparagraphs (B), (C), and (D) of paragraph (1) shall be presented in terms of nominal dollars, inflation-adjusted dollars, and present discounted value in the report under subsection (c)(2), and in terms of inflation-adjusted dollars in the summary of such report. The Board of Trustees shall publish the economic model and all relevant data that are used to make the financial projections included in the report under subsection (c)(2) and to make it available on the Social Security Administration Internet web site. Annually, the Board of Trustees shall also include in such report any changes made to the model and data in the preceding 12 months. The information described in paragraph (1) shall also be included in a separate report to Congress to be submitted not later than the first day of April of each year .". Effective Date. The amendments made by this section shall apply with respect to reports made after the date of enactment of this Act.

Amends title II (OASDI) of the SSA to require the annual report of the Board of the Trustees of the OASDI Trust Funds to include: (1) an estimate of the year in which annual outlays from such Funds are first projected to exceed the annual cash income. (2) the annual excess of such projected outlays over such income in each year extending through the year of projected program insolvency. (3) the aggregate amount of such excesses for the 75-year projection period and the change from the previous year. (4) the amount of deficit or surplus that the OASDI program will run in the last year of such period and the aggregate assets and unfunded obligations contained in the Funds in that final projected year. (5) the amount that payroll taxes would have to be raised or benefits be reduced in order to keep the OASDI program in annual financial balance after cumulative balances in the Funds are exhausted. (6) how the annual amounts identified in (2) above would change if either raising payroll taxes or reducing benefits to keep the program in financial balance is delayed for five, ten, 25, and 50 years. And (7) the nature of the OASDI Trust Funds as described in the social security account statements.

Social Security Right to Know Act

107_s173

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Utilities Turnback (CUT) Trust Fund Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The overall net income for the production of electricity for California consumers increased 333 percent between the second quarters of 1999 and 2000. (2) The California Public Utilities Commission approved a rate hike for individual and business consumers between 7 and 15 percent. (3) Electricity prices are expected to continue to rise as a result of climbing natural gas prices. (4) Consumers are paying higher prices for electricity while profits for producers are reaching record levels. (b) Purpose.--The purpose of this Act is to transfer windfall profits from the production of domestic electricity to fund assistance, in the form of rebates, for individual and business consumers. SEC. 3. WINDFALL PROFIT ADJUSTMENT ON DOMESTIC ELECTRICITY PRODUCTION. (a) In General.--Subtitle D of the Internal Revenue Code of 1986 (relating to miscellaneous excise taxes) is amended by inserting after chapter 44 the following new chapter: ``CHAPTER 45--WINDFALL PROFIT ADJUSTMENT ON DOMESTIC ELECTRICITY PRODUCTION ``Sec. 4986. Imposition of tax. ``SEC. 4986. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, an excise tax is imposed on the windfall profit from the sale of electricity produced from a facility located in the United States at a rate equal to 100 percent of such windfall profit. ``(b) Windfall Profit.--For purposes of this section-- ``(1) In general.--The term `windfall profit' means, with respect to the sale of electricity, so much of the profit from such sale as exceeds a reasonable profit from such sale determined for the calendar year in which such sale occurs. ``(2) Reasonable profit.--The term `reasonable profit' means, with respect to any calendar year, the average of the reasonable profit determinations made by State public utility commissions for such year as calculated by the Federal Energy Regulatory Commission. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer selling the electricity. ``(d) Definitions and Other Rules.--For purposes of this section-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the electricity. ``(2) Other administrative provisions.--For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A. ``(e) Records and Information.--Each taxpayer liable for tax under this section shall keep such records, make such returns, and furnish such statements and other information (to the Secretary and to other persons having an interest in sale of the production of electricity) with respect to such sale as the Secretary may by regulations prescribe. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Section 275(a)(6) of the Internal Revenue Code of 1986 is amended by inserting ``45,'' after ``44,''. (2) Section 6103(d)(1) of such Code is amended by inserting ``45,'' after ``44,''. (3) Section 6302(b) of such Code is amended by striking ``or 33'' and inserting ``33, or 45''. (4) Section 6416(a)(1) of such Code is amended by inserting ``, or chapter 45 (relating to windfall profit adjustment on domestic electricity production),''. (5) Section 6416(d) of such Code is amended by striking ``or 32'' and inserting ``32, or 45''. (6) The table of chapters of subtitle D of such Code is amended by inserting after the item relating to chapter 44 the following: ``Chapter 45. Windfall profit adjustment on electricity production.''. SEC. 4. ALLOCATION OF REVENUES FROM WINDFALL PROFIT ADJUSTMENT ON ELECTRICITY PRODUCTION TO INDIVIDUAL AND BUSINESS CONSUMERS. (a) Establishment of Consumer Utilities Turnback Trust Fund.-- Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. CONSUMER UTILITIES TURNBACK TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Consumer Utilities Turnback Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.-- ``(1) In general.--There are appropriated to the Consumer Utilities Turnback Trust Fund amounts equivalent to the net revenues received in the Treasury from the taxes imposed by section 4986. ``(2) Net revenues.--The term `net revenues' means the amount estimated by the Secretary based on the excess of-- ``(A) the taxes received in the Treasury as described in paragraph (1), over ``(B) the decrease in the tax imposed by chapter 1 resulting from the imposition of the taxes described in paragraph (1). ``(c) Expenditures From Consumer Utilities Turnback Trust Fund.-- Amounts in the Consumer Utilities Turnback Trust Fund shall be available, without further appropriation, for rebates for individual and business electricity consumers as provided by the Federal Energy Regulatory Commission, after the Commission has received from the Governor of any State a petition to fund such rebates. The funds must be spent within the fiscal year in which such funds were made available.''. (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 9511. Consumer Utilities Turnback Trust Fund.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to sales after December 31, 2000.

Consumer Utilities Turnback (CUT) Trust Fund Act of 2001 - Amends the Internal Revenue Code to impose an excise tax on the windfall profit from the sale of electricity produced from a facility located in the United States at a rate equal to 100 percent of such windfall profit. Establishes the Consumer Utilities Turnback Trust Fund into which shall be appropriated revenues from such tax. Provides that amounts in the Fund shall be available, without further appropriation, for specified rebates for individual and business electricity consumers.

A bill to amend the Internal Revenue Code of 1986 to impose a windfall profits adjustment on the production of domestic electricity and to use the resulting revenues to fund rebates for individual and business electricity consumers.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Consumer Utilities Turnback (CUT) Trust Fund Act of 2001". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress finds the following: The overall net income for the production of electricity for California consumers increased 333 percent between the second quarters of 1999 and 2000. The California Public Utilities Commission approved a rate hike for individual and business consumers between 7 and 15 percent. Electricity prices are expected to continue to rise as a result of climbing natural gas prices. Consumers are paying higher prices for electricity while profits for producers are reaching record levels. Purpose. The purpose of this Act is to transfer windfall profits from the production of domestic electricity to fund assistance, in the form of rebates, for individual and business consumers. <SECTION-HEADER> WINDFALL PROFIT ADJUSTMENT ON DOMESTIC ELECTRICITY PRODUCTION. In General. Subtitle D of the Internal Revenue Code of 1986 is amended by inserting after chapter 44 the following new chapter: "CHAPTER 45 WINDFALL PROFIT ADJUSTMENT ON DOMESTIC ELECTRICITY PRODUCTION "Section 4986. Imposition of tax. "Section 4986. IMPOSITION OF TAX. In General. In addition to any other tax imposed under this title, an excise tax is imposed on the windfall profit from the sale of electricity produced from a facility located in the United States at a rate equal to 100 percent of such windfall profit. Windfall Profit. For purposes of this section In general. The term `windfall profit' means, with respect to the sale of electricity, so much of the profit from such sale as exceeds a reasonable profit from such sale determined for the calendar year in which such sale occurs. Reasonable profit. The term `reasonable profit' means, with respect to any calendar year, the average of the reasonable profit determinations made by State public utility commissions for such year as calculated by the Federal Energy Regulatory Commission. Tax Paid by Producer. The tax imposed by this section shall be paid by the producer selling the electricity. Definitions and Other Rules. For purposes of this section Producer. The term `producer' means the holder of the economic interest with respect to the electricity. Other administrative provisions. For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A. Records and Information. Each taxpayer liable for tax under this section shall keep such records, make such returns, and furnish such statements and other information with respect to such sale as the Secretary may by regulations prescribe. Regulations. The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.". Conforming Amendments. Section 275(a)(6) of the Internal Revenue Code of 1986 is amended by inserting "45," after "44,". Section 6103(d)(1) of such Code is amended by inserting "45," after "44,". Section 6302(b) of such Code is amended by striking "or 33" and inserting "33, or 45". Section 6416(a)(1) of such Code is amended by inserting ", or chapter 45 ,". Section 6416(d) of such Code is amended by striking "or 32" and inserting "32, or 45". The table of chapters of subtitle D of such Code is amended by inserting after the item relating to chapter 44 the following: "Chapter 45. Windfall profit adjustment on electricity production.". <SECTION-HEADER> ALLOCATION OF REVENUES FROM WINDFALL PROFIT ADJUSTMENT ON ELECTRICITY PRODUCTION TO INDIVIDUAL AND BUSINESS CONSUMERS. Establishment of Consumer Utilities Turnback Trust Fund. Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 9511. CONSUMER UTILITIES TURNBACK TRUST FUND. Creation of Trust Fund. There is established in the Treasury of the United States a trust fund to be known as the `Consumer Utilities Turnback Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). Transfers to Trust Fund. In general. There are appropriated to the Consumer Utilities Turnback Trust Fund amounts equivalent to the net revenues received in the Treasury from the taxes imposed by section 4986. Net revenues. The term `net revenues' means the amount estimated by the Secretary based on the excess of the taxes received in the Treasury as described in paragraph (1), over the decrease in the tax imposed by chapter 1 resulting from the imposition of the taxes described in paragraph (1). Expenditures From Consumer Utilities Turnback Trust Fund. Amounts in the Consumer Utilities Turnback Trust Fund shall be available, without further appropriation, for rebates for individual and business electricity consumers as provided by the Federal Energy Regulatory Commission, after the Commission has received from the Governor of any State a petition to fund such rebates. The funds must be spent within the fiscal year in which such funds were made available.". Conforming Amendment. The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: "Section 9511. Consumer Utilities Turnback Trust Fund.". <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act shall apply to sales after December 31, 2000.

Consumer Utilities Turnback (CUT) Trust Fund Act of 2001 - Amends the Internal Revenue Code to impose an excise tax on the windfall profit from the sale of electricity produced from a facility located in the United States at a rate equal to 100 percent of such windfall profit. Establishes the Consumer Utilities Turnback Trust Fund into which shall be appropriated revenues from such tax. Provides that amounts in the Fund shall be available, without further appropriation, for specified rebates for individual and business electricity consumers.

A bill to amend the Internal Revenue Code of 1986 to impose a windfall profits adjustment on the production of domestic electricity and to use the resulting revenues to fund rebates for individual and business electricity consumers.

112_hr249

SECTION 1. CONGRESSIONAL ADMINISTRATION OF THE OATH OF ALLEGIANCE. (a) Naturalization Authority.--Section 310(b) of the Immigration and Nationality Act (8 U.S.C. 1421(b)) is amended-- (1) in the subsection heading, by striking ``Court Authority'' and inserting ``Authority''; (2) in paragraph (1)(A)-- (A) by inserting ``, by a Member of, or Delegate or Resident Commissioner to, the Congress,'' before ``or by an eligible court''; and (B) by adding at the end the following: ``A Senator shall have the authority to administer such oath of allegiance only to individuals who reside in the State the Senator represents. In the case of a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, the Member shall have the authority to administer such oath of allegiance only to individuals who reside in the congressional district the Member represents.''; (3) in paragraph (1), by adding at the end the following: ``(C) Limitations on congressional authority.-- ``(i) Extent of authority.--The authority under this section of a Member of, or Delegate or Resident Commissioner to, the Congress is limited solely to the administration of the oath of allegiance under section 337(a). ``(ii) Period before elections.--A Member of, or Delegate or Resident Commissioner to, the Congress may not administer the oath of allegiance under section 337(a) during the 90- day period which ends on the date of any election for Federal, State, or local office in which the Member, Delegate, or Resident Commissioner is a candidate. ``(iii) Time and place of ceremony.--A Member of, or Delegate or Resident Commissioner to, the Congress shall administer the oath of allegiance under section 337(a) only at such times and places as the Secretary of Homeland Security may designate.''; (4) in paragraph (2)(A), in the matter preceding clause (i), by inserting ``or a Member of, or Delegate or Resident Commissioner to, the Congress'' after ``a court''; (5) in paragraph (2)(A)(i), by inserting ``or subject to paragraph (1)(C)(ii), the Member of, or Delegate or Resident Commissioner to, the Congress'' after ``the court''; (6) in paragraph (2)(A)(ii)(I), by inserting ``or the Member of, or Delegate or Resident Commissioner to, the Congress'' before ``such information''; (7) in paragraph (2)(A)(ii)(II), by inserting ``or the Member of, or Delegate or Resident Commissioner to, the Congress'' after ``the court''; and (8) in paragraph (3)(B)-- (A) in the subparagraph heading, by striking ``Authority of attorney general'' and inserting ``Timing of exclusive authority''; (B) by inserting ``neither'' after ``Subject to subparagraph (C),''; (C) by inserting ``nor a Member of, or Delegate or Resident Commissioner to, the Congress'' after ``the Attorney General''; and (D) by striking ``shall not administer'' and inserting ``shall administer''. (b) Oath of Renunciation and Allegiance.--Section 337 of the Immigration and Nationality Act (8 U.S.C. 1448) is amended-- (1) in the first sentence of subsection (a), by inserting ``, the Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, who represents the congressional district in which the individual resides, a Senator who represents the State in which the individual resides,'' before ``or a court with jurisdiction''; (2) in the first sentence of subsection (c)-- (A) by inserting ``(except to the extent that such section limits the authority of a Member of, or Delegate or Resident Commissioner to, the Congress)'' after ``Notwithstanding section 310(b)''; and (B) by inserting ``, oath administration by the Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, who represents the congressional district in which the individual resides or a Senator who represents the State in which the individual resides,'' after ``expedited judicial oath administration ceremony''; (3) in the third sentence of subsection (c), by inserting ``or oath administration by the Member of, or Delegate or Resident Commissioner to, the Congress'' before the period; and (4) in subsection (c), by adding at the end the following: ``The authority under this section of a Member of, or Delegate or Resident Commissioner to, the Congress shall be subject to section 310(b).''. (c) Certificate of Naturalization; Contents.--Section 338 of the Immigration and Nationality Act (8 U.S.C. 1449) is amended by inserting ``, Member of, or Delegate or Resident Commissioner to, the Congress,'' after ``location of the official''. (d) Functions and Duties of Clerks and Records of Declarations of Intention and Applications for Naturalization.--Section 339 of the Immigration and Nationality Act (8 U.S.C. 1450) is amended by adding at the end the following: ``(c) In the case of an oath administration by a Member of, or Delegate or Resident Commissioner to, the Congress, the functions and duties of clerks of courts described in this section shall be undertaken by the Secretary of Homeland Security.''. SEC. 2. REGULATORY AUTHORITY. Not later than the date that is 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations implementing the amendments made by this Act. SEC. 3. CLERICAL AMENDMENT. (a) In General.--Each of sections 310, 337, 338, and 339 of the Immigration and Nationality Act (8 U.S.C. 1421, 1448, 1449, and 1450) is amended by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''. (b) Exception.--The amendment made by this section shall not affect the authority of any officer or employee of the Executive Office of Immigration Review (including immigration judges (as defined in section 101(b)(4) of the Immigration and Nationality Act)) to administer the oath of allegiance under section 337(a).

Amends the Immigration and Nationality Act to permit each applicant for naturalization to choose to have the oath of allegiance for naturalization administered by a Member of Congress, Delegate, or Resident Commissioner (Member). Limits the administration of the oath: (1) by a Senator to individuals who reside in the Senator's state. And (2) by a Member of the House of Representatives, Delegate, or Resident Commissioner to individuals who reside in the respective congressional district. Limits the Member's authority solely to the administration of such oath. Prohibits a Member from administering the oath during the 90-day period before any election for federal, state, or local office in which the Member is a candidate. Requires a Member to administer the oath only at times and places designated by the Secretary of Homeland Security. Prohibits a Member from administering the oath during any period in which exclusive authority to administer it may be exercised by an eligible court for the person concerned, unless the court has waived such exclusive authority.

To permit Members of Congress to administer the oath of allegiance to applicants for naturalization.

<SECTION-HEADER> CONGRESSIONAL ADMINISTRATION OF THE OATH OF ALLEGIANCE. Naturalization Authority. Section 310(b) of the Immigration and Nationality Act (8 USC. 1421(b)) is amended in the subsection heading, by striking "Court Authority" and inserting "Authority". In paragraph (1)(A) by inserting ", by a Member of, or Delegate or Resident Commissioner to, the Congress," before "or by an eligible court". And by adding at the end the following: "A Senator shall have the authority to administer such oath of allegiance only to individuals who reside in the State the Senator represents. In the case of a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, the Member shall have the authority to administer such oath of allegiance only to individuals who reside in the congressional district the Member represents.". In paragraph (1), by adding at the end the following: Limitations on congressional authority. Extent of authority. The authority under this section of a Member of, or Delegate or Resident Commissioner to, the Congress is limited solely to the administration of the oath of allegiance under section 337(a). Period before elections. A Member of, or Delegate or Resident Commissioner to, the Congress may not administer the oath of allegiance under section 337(a) during the 90- day period which ends on the date of any election for Federal, State, or local office in which the Member, Delegate, or Resident Commissioner is a candidate. Time and place of ceremony. A Member of, or Delegate or Resident Commissioner to, the Congress shall administer the oath of allegiance under section 337(a) only at such times and places as the Secretary of Homeland Security may designate.". In paragraph (2)(A), in the matter preceding clause , by inserting "or a Member of, or Delegate or Resident Commissioner to, the Congress" after "a court". In paragraph (2)(A)(i), by inserting "or subject to paragraph (1)(C)(ii), the Member of, or Delegate or Resident Commissioner to, the Congress" after "the court". In paragraph (2)(A)(ii)(I), by inserting "or the Member of, or Delegate or Resident Commissioner to, the Congress" before "such information". In paragraph (2)(A)(ii)(II), by inserting "or the Member of, or Delegate or Resident Commissioner to, the Congress" after "the court". And in paragraph (3)(B) in the subparagraph heading, by striking "Authority of attorney general" and inserting "Timing of exclusive authority", by inserting "neither" after "Subject to subparagraph (C),". By inserting "nor a Member of, or Delegate or Resident Commissioner to, the Congress" after "the Attorney General". And by striking "shall not administer" and inserting "shall administer". Oath of Renunciation and Allegiance. Section 337 of the Immigration and Nationality Act is amended in the first sentence of subsection (a), by inserting ", the Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, who represents the congressional district in which the individual resides, a Senator who represents the State in which the individual resides," before "or a court with jurisdiction". In the first sentence of subsection (c) by inserting "" after "Notwithstanding section 310(b)". And by inserting ", oath administration by the Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, who represents the congressional district in which the individual resides or a Senator who represents the State in which the individual resides," after "expedited judicial oath administration ceremony". In the third sentence of subsection (c), by inserting "or oath administration by the Member of, or Delegate or Resident Commissioner to, the Congress" before the period. And in subsection (c), by adding at the end the following: "The authority under this section of a Member of, or Delegate or Resident Commissioner to, the Congress shall be subject to section 310(b).". Certificate of Naturalization. Contents. Section 338 of the Immigration and Nationality Act is amended by inserting ", Member of, or Delegate or Resident Commissioner to, the Congress," after "location of the official". Functions and Duties of Clerks and Records of Declarations of Intention and Applications for Naturalization. Section 339 of the Immigration and Nationality Act is amended by adding at the end the following: In the case of an oath administration by a Member of, or Delegate or Resident Commissioner to, the Congress, the functions and duties of clerks of courts described in this section shall be undertaken by the Secretary of Homeland Security.". <SECTION-HEADER> REGULATORY AUTHORITY. Not later than the date that is 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations implementing the amendments made by this Act. <SECTION-HEADER> CLERICAL AMENDMENT. In General. Each of sections 310, 337, 338, and 339 of the Immigration and Nationality Act is amended by striking "Attorney General" each place it appears and inserting "Secretary of Homeland Security". Exception. The amendment made by this section shall not affect the authority of any officer or employee of the Executive Office of Immigration Review (including immigration judges (as defined in section 101(b) to administer the oath of allegiance under section 337(a).

Amends the Immigration and Nationality Act to permit each applicant for naturalization to choose to have the oath of allegiance for naturalization administered by a Member of Congress, Delegate, or Resident Commissioner (Member). Limits the administration of the oath: (1) by a Senator to individuals who reside in the Senator's state. And (2) by a Member of the House of Representatives, Delegate, or Resident Commissioner to individuals who reside in the respective congressional district. Limits the Member's authority solely to the administration of such oath. Prohibits a Member from administering the oath during the 90-day period before any election for federal, state, or local office in which the Member is a candidate. Requires a Member to administer the oath only at times and places designated by the Secretary of Homeland Security. Prohibits a Member from administering the oath during any period in which exclusive authority to administer it may be exercised by an eligible court for the person concerned, unless the court has waived such exclusive authority.

To permit Members of Congress to administer the oath of allegiance to applicants for naturalization.

106_hr2999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Permanent Residents Act of 1999''. SEC. 2. LIMITING THE DISQUALIFICATION, BASED ON COMMISSION OF CERTAIN AGGRAVATED FELONIES, FROM CANCELLATION OF REMOVAL FOR PERMANENT RESIDENTS. (a) In General.--Section 240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) is amended to read as follows: ``Sec. 240A. (a) Cancellation of Removal for Certain Permanent Residents.-- ``(1) In general.--The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-- ``(A) has been an alien lawfully admitted for permanent residence for not less than 5 years; ``(B) has resided in the United States continuously for 7 years after having been admitted in any status; and ``(C) has not been convicted of any aggravated felony. ``(2) Limiting application of certain modifications to aggravated felony definition.-- ``(A) In general.--An alien described in subparagraph (B) who is otherwise qualified may request the Attorney General to exercise the discretion granted under paragraph (1) as if the following provisions had not been enacted: ``(i) Paragraphs (4) through (6) of section 440(e) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1278). ``(ii) Section 440(e)(8) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1278), as applied only with respect to the addition of subparagraphs (R) and (T) of section 101(a)(43) of this Act. ``(iii) Paragraphs (7), (9), and (10) of section 321(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-628). ``(iv) Section 321(a)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-627), as applied only with respect to subparagraphs (F), (G), and (P) of section 101(a)(43) of this Act. ``(v) Section 440(e)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1277), and section 321(a)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009- 627), as applied only to an offense described in section 1955 of title 18, United States Code (relating to gambling offenses). ``(vi) Section 321(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-628), as applied only with respect to subparagraphs (F), (G), (M), (P), (Q), (R), (T), and (U) of section 101(a)(43) of this Act, and with respect to subparagraph (J) of such section (but only to the extent subparagraph (J) relates to an offense described in section 1955 of title 18, United States Code). ``(B) Alien described.--An alien described in this subparagraph is an alien who-- ``(i) was convicted of one aggravated felony that is not a serious violent felony (as defined in section 3559(c)(2)(F) of title 18, United States Code); ``(ii) as a direct result of such conviction, is the subject of a removal proceeding-- ``(I) the commencement of which would not have been authorized but for the enactment of one or more of the provisions described in clauses (i) through (vi) of subparagraph (A); or ``(II) with respect to which the alien would have satisfied the requirements for the application of discretion granted to the Attorney General under paragraph (1) but for the enactment of one or more of such provisions; ``(iii) has never been convicted of any felony other than the felony described in clause (i); and ``(iv) disregarding such felony, has been a person of good moral character during all periods of residence in the United States. ``(C) No danger to persons or property.--In the case of an alien convicted of an aggravated felony involving violence, the Attorney General may exercise the discretion described in subparagraph (A) only after making a written determination that the action poses no danger to the safety of persons or property. The duty of the Attorney General under this subparagraph may not be delegated to any officer or employee of the Department of Justice other than an Assistant Attorney General, a Deputy Attorney General, an Associate Attorney General, or any other attorney assigned to the Office of the Attorney General or an office of an Assistant Attorney General, a Deputy Attorney General, or an Associate Attorney General. ``(D) Applications.--An alien may file only one application for relief under this paragraph. Such application shall be filed not later than 60 days after the commencement of the removal proceeding described in subparagraph (B)(ii).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to convictions entered on or after such date. SEC. 3. DISCRETION TO GRANT RELIEF TO CERTAIN OTHER PERMANENT RESIDENTS. (a) Establishment of Process.--Notwithstanding section 240(c)(6) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other limitation imposed by law on motions to reopen proceedings under such Act, the Attorney General shall establish a process (whether through permitting the reopening of a proceeding described in subsection (b)(2) or otherwise) under which an alien described in subsection (b) who is otherwise qualified may request the Attorney General to exercise the discretion granted under the authorities described in subsection (c) as if the following provisions had not been enacted: (1) Paragraphs (4) through (6) of section 440(e) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1278). (2) Section 440(e)(8) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1278), as applied only with respect to the addition of subparagraphs (R) and (T) of section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)). (3) Paragraphs (7), (9), and (10) of section 321(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-628). (4) Section 321(a)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-627), as applied only with respect to subparagraphs (F), (G), and (P) of section 101(a)(43) of the Immigration and Nationality Act. (5) Section 440(e)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1277), and section 321(a)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-627), as applied only to an offense described in section 1955 of title 18, United States Code (relating to gambling offenses). (6) Section 321(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-628), as applied only with respect to subparagraphs (F), (G), (M), (P), (Q), (R), (T), and (U) of section 101(a)(43) of the Immigration and Nationality Act, and with respect to subparagraph (J) of such section (but only to the extent subparagraph (J) relates to an offense described in section 1955 of title 18, United States Code). (b) Alien Described.--An alien described in this subsection is an alien who-- (1) was convicted before the date of the enactment of this Act of one aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43))) that is not a serious violent felony (as defined in section 3559(c)(2)(F) of title 18, United States Code); (2) as a direct result of such conviction, is the subject of a proceeding-- (A) the commencement of which would not have been authorized but for the enactment of one or more of the provisions described in paragraphs (1) through (6) of subsection (a); or (B) with respect to which the alien would have satisfied the requirements for the application of discretion granted to the Attorney General under one or more of the authorities described in subsection (c) but for the enactment of one or more of such provisions; (3) is lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))); (4) has never been convicted of any felony other than the felony described in paragraph (1); and (5) disregarding such felony, has been a person of good moral character (as defined in section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) during all periods of residence in the United States. (c) Authorities.--The provisions referred to in this subsection are the following: (1) Section 240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)). (2) Section 212(c) of the Immigration and Nationality Act (as in effect on March 31, 1997). (3) Section 244(a) of the Immigration and Nationality Act (as in effect on March 31, 1997). (d) No Danger to Persons or Property.--In the case of an alien convicted of an aggravated felony involving violence, the Attorney General may exercise the discretion described in subsection (a) only after making a written determination that the action poses no danger to the safety of persons or property. The duty of the Attorney General under this subsection may not be delegated to any officer or employee of the Department of Justice other than an Assistant Attorney General, a Deputy Attorney General, an Associate Attorney General, or any other attorney assigned to the Office of the Attorney General or an office of an Assistant Attorney General, a Deputy Attorney General, or an Associate Attorney General. (e) Applications.--The process established under subsection (a)-- (1) shall permit an alien to file only one application pursuant to this section; and (2) in the case of a proceeding described in subsection (b)(2) that is commenced after the date of the enactment of this Act, shall require that such application be filed not later than 60 days after such commencement. SEC. 4. MODIFICATION OF CERTAIN PROVISIONS ON DETENTION AND RELEASE OF ALIENS. (a) Detention and Release of Criminal Aliens Pending Removal Decision.--Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended-- (1) by adding at the end the following: ``(3) Release from custody.--Notwithstanding paragraph (2) or any other provision of this section, the Attorney General may release any alien described in paragraph (1) if the Attorney General determines that the alien does not pose a danger to society, does not pose a flight risk, and is likely to comply with any terms of supervision that are imposed and any subsequent order of removal. If released, the alien shall be subject to supervision under regulations prescribed by the Attorney General that include the provisions specified in subparagraphs (A) through (D) of section 241(a)(3).''; and (2) by amending subsection (e) to read as follows: ``(e) Administrative and Judicial Review.-- ``(1) Administrative review.--A decision under this section relating to the release of any alien described in subsection (c)(1) shall be subject to review by the United States Board of Immigration Appeals of the Department of Justice. The preceding sentence shall not be construed as limiting any administrative review otherwise available under law of any action or decision under this section. ``(2) Judicial review.--The Attorney General's discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the Attorney General under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole.''. (b) Detention of Inadmissible or Criminal Aliens Ordered Removed.-- Section 241(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(6)) is amended to read as follows: ``(6) Inadmissible or criminal aliens.-- ``(A) In general.--An alien ordered removed who is inadmissible under section 212, removable under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who has been determined by the Attorney General to be a risk to the community or unlikely to comply with the order of removal, may be detained beyond the removal period for a reasonable period of time, not to exceed 3 months after the termination of such period, in order to allow for ongoing negotiations between the United States and a foreign state or states. If such an alien is released, the alien shall be subject to the terms of supervision in paragraph (3). During such 3-month period, the Attorney General shall release the alien upon a showing that the alien does not pose a danger to society, does not pose a flight risk, and is likely to comply with the removal order. ``(B) Release.--Notwithstanding any other provision of this section, if the Attorney General determines that an alien ordered removed who is inadmissible under section 212 or removable under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) does not pose a danger to society, does not pose a flight risk, and is likely to comply with the removal order, the Attorney General shall release the alien after the removal period. If released, the alien shall be subject to the terms of supervision in paragraph (3). ``(C) Administrative review.--A decision under this paragraph relating to the release of any alien shall be subject to review by the United States Board of Immigration Appeals of the Department of Justice. The preceding sentence shall not be construed as limiting any administrative review otherwise available under law of any action or decision under this section.''. (c) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546) and shall apply to individuals with convictions entered before, on, or after the date of the enactment of this Act.

Directs the Attorney General to establish a process for discretionary waiver of inadmissibility or deportation of specified aliens under similar circumstances as above. Authorizes the supervised release of certain aliens from detention pending removal decisions. Subjects such decision to administrative review only. Authorizes not more than three months' additional detention for inadmissible or criminal aliens deemed to be a risk in order to allow for removal negotiations between the United States and a foreign nation. Revises related release provisions.

Fairness for Permanent Residents Act of 1999

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fairness for Permanent Residents Act of 1999". <SECTION-HEADER> LIMITING THE DISQUALIFICATION, BASED ON COMMISSION OF CERTAIN AGGRAVATED FELONIES, FROM CANCELLATION OF REMOVAL FOR PERMANENT RESIDENTS. In General. Section 240A(a) of the Immigration and Nationality Act (8 USC. 1229b(a)) is amended to read as follows: "Section 240A. (a) Cancellation of Removal for Certain Permanent Residents. In general. The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien has been an alien lawfully admitted for permanent residence for not less than 5 years. Has resided in the United States continuously for 7 years after having been admitted in any status. And has not been convicted of any aggravated felony. Limiting application of certain modifications to aggravated felony definition. In general. An alien described in subparagraph (B) who is otherwise qualified may request the Attorney General to exercise the discretion granted under paragraph (1) as if the following provisions had not been enacted: Paragraphs (4) through (6) of section 440(e) of the Antiterrorism and Effective Death Penalty Act of 1996 . Section 440(e)(8) of the Antiterrorism and Effective Death Penalty Act of 1996 , as applied only with respect to the addition of subparagraphs (R) and (T) of section 101(a)(43) of this Act. Paragraphs (7), (9), and (10) of section 321(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 . Section 321(a)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 , as applied only with respect to subparagraphs (F), (G), and (P) of section 101(a)(43) of this Act. Section 440(e)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 , and section 321(a)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 , as applied only to an offense described in section 1955 of title 18, United States Code . Section 321(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 , as applied only with respect to subparagraphs (F), (G). (P), (Q), (R), (T), and (U) of section 101(a)(43) of this Act, and with respect to subparagraph (J) of such section (but only to the extent subparagraph . Alien described. An alien described in this subparagraph is an alien who was convicted of one aggravated felony that is not a serious violent felony (as defined in section 3559(c)(2). As a direct result of such conviction, is the subject of a removal proceeding the commencement of which would not have been authorized but for the enactment of one or more of the provisions described in clauses (i) through (vi) of subparagraph (A). Or with respect to which the alien would have satisfied the requirements for the application of discretion granted to the Attorney General under paragraph (1) but for the enactment of one or more of such provisions. Has never been convicted of any felony other than the felony described in clause (i). And disregarding such felony, has been a person of good moral character during all periods of residence in the United States. No danger to persons or property. In the case of an alien convicted of an aggravated felony involving violence, the Attorney General may exercise the discretion described in subparagraph (A) only after making a written determination that the action poses no danger to the safety of persons or property. The duty of the Attorney General under this subparagraph may not be delegated to any officer or employee of the Department of Justice other than an Assistant Attorney General, a Deputy Attorney General, an Associate Attorney General, or any other attorney assigned to the Office of the Attorney General or an office of an Assistant Attorney General, a Deputy Attorney General, or an Associate Attorney General. Applications. An alien may file only one application for relief under this paragraph. Such application shall be filed not later than 60 days after the commencement of the removal proceeding described in subparagraph (B)(ii).". Effective Date. The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to convictions entered on or after such date. <SECTION-HEADER> DISCRETION TO GRANT RELIEF TO CERTAIN OTHER PERMANENT RESIDENTS. Establishment of Process. Notwithstanding section 240(c)(6) of the Immigration and Nationality Act (8 USC. 1229a(c)(6)) or any other limitation imposed by law on motions to reopen proceedings under such Act, the Attorney General shall establish a process (whether through permitting the reopening of a proceeding described in subsection (b) under which an alien described in subsection (b) who is otherwise qualified may request the Attorney General to exercise the discretion granted under the authorities described in subsection (c) as if the following provisions had not been enacted: Paragraphs (4) through (6) of section 440(e) of the Antiterrorism and Effective Death Penalty Act of 1996 . Section 440(e)(8) of the Antiterrorism and Effective Death Penalty Act of 1996 , as applied only with respect to the addition of subparagraphs (R) and (T) of section 101(a)(43) of the Immigration and Nationality Act (8 USC. 1101(a)(43)). Paragraphs (7), (9), and (10) of section 321(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 . Section 321(a)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 , as applied only with respect to subparagraphs (F), (G), and (P) of section 101(a)(43) of the Immigration and Nationality Act. Section 440(e)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 , and section 321(a)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 , as applied only to an offense described in section 1955 of title 18, United States Code . Section 321(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 , as applied only with respect to subparagraphs (F), (G), (M), (P). (R), (T), and (U) of section 101(a)(43) of the Immigration and Nationality Act, and with respect to subparagraph (J) of such section (but only to the extent subparagraph . Alien Described. An alien described in this subsection is an alien who was convicted before the date of the enactment of this Act of one aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 USC. 1101(a)(43))) that is not a serious violent felony (as defined in section 3559(c)(2). As a direct result of such conviction, is the subject of a proceeding the commencement of which would not have been authorized but for the enactment of one or more of the provisions described in paragraphs (1) through (6) of subsection (a). Or with respect to which the alien would have satisfied the requirements for the application of discretion granted to the Attorney General under one or more of the authorities described in subsection (c) but for the enactment of one or more of such provisions. Is lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 USC. 1101(a)(20))). Has never been convicted of any felony other than the felony described in paragraph (1). And disregarding such felony, has been a person of good moral character (as defined in section 101(f) of the Immigration and Nationality Act (8 USC. 1101(f)) during all periods of residence in the United States. Authorities. The provisions referred to in this subsection are the following: Section 240A(a) of the Immigration and Nationality Act (8 USC. 1229b(a)). Section 212(c) of the Immigration and Nationality Act . Section 244(a) of the Immigration and Nationality Act . No Danger to Persons or Property. In the case of an alien convicted of an aggravated felony involving violence, the Attorney General may exercise the discretion described in subsection (a) only after making a written determination that the action poses no danger to the safety of persons or property. The duty of the Attorney General under this subsection may not be delegated to any officer or employee of the Department of Justice other than an Assistant Attorney General, a Deputy Attorney General, an Associate Attorney General, or any other attorney assigned to the Office of the Attorney General or an office of an Assistant Attorney General, a Deputy Attorney General, or an Associate Attorney General. Applications. The process established under subsection (a) shall permit an alien to file only one application pursuant to this section. And in the case of a proceeding described in subsection (2) that is commenced after the date of the enactment of this Act, shall require that such application be filed not later than 60 days after such commencement. <SECTION-HEADER> MODIFICATION OF CERTAIN PROVISIONS ON DETENTION AND RELEASE OF ALIENS. Detention and Release of Criminal Aliens Pending Removal Decision. Section 236(c) of the Immigration and Nationality Act (8 USC. 1226(c)) is amended by adding at the end the following: Release from custody. Notwithstanding paragraph (2) or any other provision of this section, the Attorney General may release any alien described in paragraph (1) if the Attorney General determines that the alien does not pose a danger to society, does not pose a flight risk, and is likely to comply with any terms of supervision that are imposed and any subsequent order of removal. If released, the alien shall be subject to supervision under regulations prescribed by the Attorney General that include the provisions specified in subparagraphs (A) through (D) of section 241(a)(3).". And by amending subsection (e) to read as follows: Administrative and Judicial Review. Administrative review. A decision under this section relating to the release of any alien described in subsection (1) shall be subject to review by the United States Board of Immigration Appeals of the Department of Justice. The preceding sentence shall not be construed as limiting any administrative review otherwise available under law of any action or decision under this section. Judicial review. The Attorney General's discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the Attorney General under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole.". Detention of Inadmissible or Criminal Aliens Ordered Removed. Section 241(a)(6) of the Immigration and Nationality Act (8 USC. 1231(a)(6)) is amended to read as follows: Inadmissible or criminal aliens. In general. An alien ordered removed who is inadmissible under section 212, removable under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who has been determined by the Attorney General to be a risk to the community or unlikely to comply with the order of removal, may be detained beyond the removal period for a reasonable period of time, not to exceed 3 months after the termination of such period, in order to allow for ongoing negotiations between the United States and a foreign state or states. If such an alien is released, the alien shall be subject to the terms of supervision in paragraph (3). During such 3-month period, the Attorney General shall release the alien upon a showing that the alien does not pose a danger to society, does not pose a flight risk, and is likely to comply with the removal order. Release. Notwithstanding any other provision of this section, if the Attorney General determines that an alien ordered removed who is inadmissible under section 212 or removable under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) does not pose a danger to society, does not pose a flight risk, and is likely to comply with the removal order, the Attorney General shall release the alien after the removal period. If released, the alien shall be subject to the terms of supervision in paragraph (3). Administrative review. A decision under this paragraph relating to the release of any alien shall be subject to review by the United States Board of Immigration Appeals of the Department of Justice. The preceding sentence shall not be construed as limiting any administrative review otherwise available under law of any action or decision under this section.". Effective Date. The amendments made by this section shall be effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and shall apply to individuals with convictions entered before, on, or after the date of the enactment of this Act.

Directs the Attorney General to establish a process for discretionary waiver of inadmissibility or deportation of specified aliens under similar circumstances as above. Authorizes the supervised release of certain aliens from detention pending removal decisions. Subjects such decision to administrative review only. Authorizes not more than three months' additional detention for inadmissible or criminal aliens deemed to be a risk in order to allow for removal negotiations between the United States and a foreign nation. Revises related release provisions.

Fairness for Permanent Residents Act of 1999

103_hr634

SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Notwithstanding section 204(d), such benefit for such month shall be payable only to a person who is determined by the Secretary to be the surviving spouse of the deceased individual.''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Notwithstanding section 204(d), such benefit for such month shall be payable only to a person who is determined by the Secretary to be the surviving spouse of the deceased individual.''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Notwithstanding section 204(d), such benefit for such month shall be payable only to a person who is determined by the Secretary to be the surviving spouse of the deceased individual.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after 180 days after the date of the enactment of this Act.

Amends title II of the Social Security Act to provide that a monthly benefit shall be paid to the recipient's surviving spouse for the month in which the recipient dies, subject to a reduction of 50 percent in the last monthly payment if the recipient dies during the first 15 days of such month.

To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies to the recipient's surviving spouse, subject to a reduction of 50 percent in the last monthly payment if the recipient dies during the first 15 days of such month.

<SECTION-HEADER> PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. Old-Age Insurance Benefits. Section 202(a) of the Social Security Act (42 USC. 402(a)) is amended by striking "the month preceding" in the matter following subparagraph (B). Wife's Insurance Benefits. In general. Section 202(b)(1) of such Act (42 USC. 402(b)(1)) is amended by striking "and ending with the month" in the matter immediately following clause (ii) and inserting "and ending with the month in which she dies or with the month", by striking subparagraph (E). And by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. Conforming amendment. Section 202(b)(5)(B) of such Act (42 USC. 402(b)(5)(B)) is amended by striking "(E), (F). or (J)" and inserting "(E), (G), or (I)". Husband's Insurance Benefits. In general. Section 202(c)(1) of such Act (42 USC. 402(c)(1)) is amended by striking "and ending with the month" in the matter immediately following clause (ii) and inserting "and ending with the month in which he dies or with the month", by striking subparagraph (E). And by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. Conforming amendment. Section 202(c)(5)(B) of such Act (42 USC. 402(c)(5)(B)) is amended by striking "(E), (F). or (J)" and inserting "(E), (G), or (I)". Child's Insurance Benefits. Section 202(d)(1) of such Act (42 USC. 402(d)(1)) is amended by striking "and ending with the month" in the matter immediately preceding subparagraph (D) and inserting "and ending with the month in which such child dies or with the month". And by striking "dies, or" in subparagraph (D). Widow's Insurance Benefits. Section 202(e)(1) of such Act (42 USC. 402(e)(1)) is amended by striking "ending with the month preceding the first month in which any of the following occurs: she remarries, dies," in the matter following subparagraph (F) and inserting "ending with the month in which she dies or with the month preceding the first month in which any of the following occurs: she remarries, or". Widower's Insurance Benefits. Section 202(f)(1) of such Act (42 USC. 402(f)(1)) is amended by striking "ending with the month preceding the first month in which any of the following occurs: he remarries, dies," in the matter following subparagraph (F) and inserting "ending with the month in which he dies or with the month preceding the first month in which any of the following occurs: he remarries,". Mother's and Father's Insurance Benefits. Section 202(g)(1) of such Act (42 USC. 402(g)(1)) is amended by inserting "with the month in which he or she dies or " after "and ending" in the matter following subparagraph (F). And by striking "he or she remarries, or he or she dies" and inserting "or he or she remarries". Parent's Insurance Benefits. Section 202(h)(1) of such Act (42 USC. 402(h)(1)) is amended by striking "ending with the month preceding the first month in which any of the following occurs: such parent dies, marries," in the matter following subparagraph (E) and inserting "ending with the month in which such parent dies or with the month preceding the first month in which any of the following occurs: such parent marries,". Disability Insurance Benefits. Section 223(a)(1) of such Act (42 USC. 423(a)(1)) is amended by striking "ending with the month preceding whichever of the following months is the earliest: the month in which he dies," in the matter following subparagraph (D) and inserting the following: "ending with the month in which he dies or with whichever of the following months is the earliest:". Benefits at Age 72 for Certain Uninsured Individuals. Section 228(a) of such Act (42 USC. 428(a)) is amended by striking "the month preceding" in the matter following paragraph (4). <SECTION-HEADER> COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. Old-Age and Survivors Insurance Benefits. Section 202 of the Social Security Act is amended by adding at the end the following new subsection: "Last Payment of Monthly Insurance Benefit Terminated by Death (1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit , rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Notwithstanding section 204(d), such benefit for such month shall be payable only to a person who is determined by the Secretary to be the surviving spouse of the deceased individual.". Disability Insurance Benefits. Section 223 of such Act is amended by adding at the end the following new subsection: "Last Payment of Benefit Terminated by Death (1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit , rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Notwithstanding section 204(d), such benefit for such month shall be payable only to a person who is determined by the Secretary to be the surviving spouse of the deceased individual.". Benefits at Age 72 for Certain Uninsured Individuals. Section 228 of such Act is amended by adding at the end the following new subsection: "Last Payment of Benefit Terminated by Death (1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit , rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Notwithstanding section 204(d), such benefit for such month shall be payable only to a person who is determined by the Secretary to be the surviving spouse of the deceased individual.". <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after 180 days after the date of the enactment of this Act.

Amends title II of the Social Security Act to provide that a monthly benefit shall be paid to the recipient's surviving spouse for the month in which the recipient dies, subject to a reduction of 50 percent in the last monthly payment if the recipient dies during the first 15 days of such month.

To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies to the recipient's surviving spouse, subject to a reduction of 50 percent in the last monthly payment if the recipient dies during the first 15 days of such month.

114_hr3832

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stolen Identity Refund Fraud Prevention Act of 2016''. SEC. 2. CENTRALIZED POINT OF CONTACT FOR IDENTITY THEFT VICTIMS. The Secretary of the Treasury, or the Secretary's delegate, shall establish and maintain an office at the Internal Revenue Service and procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to the theft of the taxpayer's identity has a centralized point of contact throughout the processing of his or her case. The office shall coordinate with other offices within the Internal Revenue Service to resolve the taxpayer's case as quickly as possible. SEC. 3. TAXPAYER NOTIFICATION OF SUSPECTED IDENTITY THEFT. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT. ``If the Secretary determines that there was an unauthorized use of the identity of any taxpayer, the Secretary shall-- ``(1) as soon as practicable and without jeopardizing an investigation relating to tax administration, notify the taxpayer and include with that notice-- ``(A) instructions to the taxpayer about filing a police report; and ``(B) the forms the taxpayer must submit to allow investigating law enforcement officials to access the taxpayer's personal information; and ``(2) if any person is criminally charged by indictment or information relating to such unauthorized use, notify such taxpayer as soon as practicable of such charge.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Notification of suspected identity theft.''. (c) Effective Date.--The amendments made by this section shall apply to determinations made after the date of the enactment of this Act. SEC. 4. REPORT ON ELECTRONIC FILING OPT OUT. The Secretary of the Treasury (or the Secretary's delegate) shall submit a feasibility study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate describing a program under which a person who has filed an identity theft affidavit with the Secretary may elect to prevent the processing of any Federal tax return submitted in an electronic format by that taxpayer or a person purporting to be that taxpayer. The study shall be submitted within 180 days after the date of the enactment of this Act and should also include a recommendation on whether to implement such a program. SEC. 5. USE OF INFORMATION IN DO NOT PAY INITIATIVE IN PREVENTION OF IDENTITY THEFT REFUND FRAUD. The Secretary of the Treasury, and the Secretary's delegate, shall use the information available under the Do Not Pay Initiative established under section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) to help prevent identity theft refund fraud. SEC. 6. REPORT ON IDENTITY THEFT REFUND FRAUD. (a) In General.--Not later than September 30, 2018, and biannually thereafter through September 30, 2023, the Secretary of the Treasury (or the Secretary's delegate) shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the extent and nature of fraud involving the use of a misappropriated taxpayer identity with respect to claims for refund under the Internal Revenue Code of 1986 during the preceding completed income tax filing season, and the detection, prevention, and enforcement activities undertaken by the Internal Revenue Service with respect to such fraud, including-- (1) detailing efforts to combat identity theft fraud, including an update on the victims' assistance unit; (2) information on both the average and maximum amounts of time that elapsed before the cases of victims of such fraud were resolved; and (3) discussing Internal Revenue Service efforts associated with other avenues for addressing identity theft refund fraud. (b) Additional Requirements.--In addition, each report shall provide an update on the implementation of this Act and identify the need for any further legislation to protect taxpayer identities. (c) Progress on Outreach and Education.--In the first biannual report on identity theft refund fraud under subsection (a), the Secretary (or the Secretary's delegate) shall include-- (1) an assessment of the agency's progress on identity theft outreach and education to the private sector, State agencies, and external organizations; and (2) the results of a feasibility study on the costs and benefits to enhancing its taxpayer authentication approach to the electronic tax return filing process. SEC. 7. INFORMATION SHARING AND ANALYSIS CENTER. (a) In General.--The Secretary (or the Secretary's delegate) shall establish an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft. (b) Report.--Not later than 1 year after establishment of the information sharing and analysis center, the Secretary (or the Secretary's delegate) shall submit a report to the Committee on Ways and Means of the House of Representatives and Committee on Finance of the Senate on the information sharing and analysis center described in subsection (a). The report shall include the data that was shared, the use of such data, and the results of the data sharing and analysis center in combating identity theft. SEC. 8. LOCAL LAW ENFORCEMENT LIAISON. (a) Establishment.--The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. (b) Duties.--The Local Law Enforcement Liaison shall serve as the primary source of contact for State and local law enforcement authorities with respect to tax-related identity theft, having duties that shall include-- (1) receiving information from State and local law enforcement authorities; (2) responding to inquiries from State and local law enforcement authorities; (3) administering authorized information-sharing initiatives with State or local law enforcement authorities and reviewing the performance of such initiatives; (4) ensuring any information provided through authorized information-sharing initiatives with State or local law enforcement authorities is used only for the prosecution of identity theft-related crimes and not re-disclosed to third parties; and (5) such other duties relating to tax-related identity theft prevention as are delegated by the Commissioner of Internal Revenue. SEC. 9. IRS PHONE SCAM REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Inspector General for Tax Administration, in consultation with the Federal Communications Commission and the Federal Trade Commission, shall submit a report to Congress regarding identity theft phone scams under which individuals attempt to obtain personal information over the phone from taxpayers by falsely claiming to be calling from or on behalf the Internal Revenue Service. (b) Contents of Report.--Such report shall include-- (1) a description of the nature and form of such scams; (2) an estimate of the number of taxpayers contacted pursuant to, and the number of taxpayers who have been victims of, such scams; (3) an estimate of the amount of wrongful payments obtained from such scams; and (4) details of potential solutions to combat and prevent such scams, including best practices from the private sector and technological solutions. SEC. 10. PROVIDING IDENTITY THEFT PREVENTION INFORMATION WHILE ON HOLD WITH INTERNAL REVENUE SERVICE. The Secretary of the Treasury, or the Secretary's delegate, shall ensure that if a taxpayer is on hold with the Internal Revenue Service on a taxpayer service telephone call the following information is provided: (1) Basic information about common identity theft tax scams. (2) Directions on where to report such activity. (3) Tips on how to protect against identity theft tax scams. SEC. 11. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives May 16, 2016. Attest: KAREN L. HAAS, Clerk.

Stolen Identity Refund Fraud Prevention Act of 2016 This bill amends the Internal Revenue Code to require the Department of the Treasury and the Internal Revenue Service to take several actions to prevent and respond to tax-related identity theft and tax fraud. The Department of the Treasury must establish and maintain an office at the Internal Revenue Service (IRS) and procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to identity theft has a centralized point of contact throughout the processing of the case. The office must coordinate with other IRS offices to resolve the case as quickly as possible. If the IRS determines that there was an unauthorized use of a taxpayer's identity, it must notify the taxpayer as soon as practicable without jeopardizing any investigation related to tax administration. The notice must include: (1) instructions for filing a police report, and (2) forms to allow law enforcement officials to access the taxpayer's personal information. The IRS must also notify the taxpayer as soon as practicable if criminal charges are brought against any person with respect to the unauthorized use of the identity. The IRS must submit to Congress a feasibility study regarding a program under which a person who has filed an identity theft affidavit with the IRS may elect to prevent the processing of any federal tax return submitted in an electronic format by that taxpayer or a person purporting to be that taxpayer. To help prevent identity theft tax refund fraud, the IRS must use information available from the Do Not Pay Initiative established by the Improper Payments Elimination and Recovery Improvement Act of 2012. The IRS must report to Congress biannually on fraud involving the use of a misappropriated taxpayer identity to claim tax refunds and IRS detection, prevention, and enforcement activities undertaken with respect to the fraud. The report must provide an update on the implementation of this bill and identify the need for any further legislation to protect taxpayer identities. The first biannual report must include: (1) an assessment of the agency's progress on identity theft outreach and education, and (2) the results of a feasibility study on the costs and benefits of enhancing its taxpayer authentication approach to the electronic tax return filing process. The IRS must establish and report to Congress on an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft. The IRS must establish within the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to interact with state and local law enforcement authorities to: receive information, respond to inquiries, administer and review the performance of information-sharing initiatives, ensure any information provided through the initiatives is used only for the prosecution of identity theft-related crimes and not re-disclosed to third parties, and carry out other duties relating to tax-related identity theft prevention. The Inspector General for Tax Administration must report to Congress regarding identity theft phone scams under which individuals attempt to obtain personal information over the phone from taxpayers by falsely claiming to be calling from or on behalf of the IRS. The IRS must provide the following information to taxpayers who are on hold during a taxpayer service telephone call: (1) basic information about common identity theft tax scams, (2) directions on where to report such activities, and (3) tips on how to protect against identity theft tax scams. No additional funds are authorized to carry out the requirements of this bill.

Stolen Identity Refund Fraud Prevention Act of 2016

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Stolen Identity Refund Fraud Prevention Act of 2016". <SECTION-HEADER> CENTRALIZED POINT OF CONTACT FOR IDENTITY THEFT VICTIMS. The Secretary of the Treasury, or the Secretary's delegate, shall establish and maintain an office at the Internal Revenue Service and procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to the theft of the taxpayer's identity has a centralized point of contact throughout the processing of his or her case. The office shall coordinate with other offices within the Internal Revenue Service to resolve the taxpayer's case as quickly as possible. <SECTION-HEADER> TAXPAYER NOTIFICATION OF SUSPECTED IDENTITY THEFT. In General. Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT. "If the Secretary determines that there was an unauthorized use of the identity of any taxpayer, the Secretary shall as soon as practicable and without jeopardizing an investigation relating to tax administration, notify the taxpayer and include with that notice instructions to the taxpayer about filing a police report. And the forms the taxpayer must submit to allow investigating law enforcement officials to access the taxpayer's personal information. And if any person is criminally charged by indictment or information relating to such unauthorized use, notify such taxpayer as soon as practicable of such charge.". Clerical Amendment. The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: "Section 7529. Notification of suspected identity theft.". Effective Date. The amendments made by this section shall apply to determinations made after the date of the enactment of this Act. <SECTION-HEADER> REPORT ON ELECTRONIC FILING OPT OUT. The Secretary of the Treasury shall submit a feasibility study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate describing a program under which a person who has filed an identity theft affidavit with the Secretary may elect to prevent the processing of any Federal tax return submitted in an electronic format by that taxpayer or a person purporting to be that taxpayer. The study shall be submitted within 180 days after the date of the enactment of this Act and should also include a recommendation on whether to implement such a program. <SECTION-HEADER> USE OF INFORMATION IN DO NOT PAY INITIATIVE IN PREVENTION OF IDENTITY THEFT REFUND FRAUD. The Secretary of the Treasury, and the Secretary's delegate, shall use the information available under the Do Not Pay Initiative established under section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 to help prevent identity theft refund fraud. <SECTION-HEADER> REPORT ON IDENTITY THEFT REFUND FRAUD. In General. Not later than September 30, 2018, and biannually thereafter through September 30, 2023, the Secretary of the Treasury shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the extent and nature of fraud involving the use of a misappropriated taxpayer identity with respect to claims for refund under the Internal Revenue Code of 1986 during the preceding completed income tax filing season, and the detection, prevention, and enforcement activities undertaken by the Internal Revenue Service with respect to such fraud, including detailing efforts to combat identity theft fraud, including an update on the victims' assistance unit. Information on both the average and maximum amounts of time that elapsed before the cases of victims of such fraud were resolved. And discussing Internal Revenue Service efforts associated with other avenues for addressing identity theft refund fraud. Additional Requirements. In addition, each report shall provide an update on the implementation of this Act and identify the need for any further legislation to protect taxpayer identities. Progress on Outreach and Education. In the first biannual report on identity theft refund fraud under subsection (a), the Secretary shall include an assessment of the agency's progress on identity theft outreach and education to the private sector, State agencies, and external organizations. And the results of a feasibility study on the costs and benefits to enhancing its taxpayer authentication approach to the electronic tax return filing process. <SECTION-HEADER> INFORMATION SHARING AND ANALYSIS CENTER. In General. The Secretary shall establish an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft. Report. Not later than 1 year after establishment of the information sharing and analysis center, the Secretary shall submit a report to the Committee on Ways and Means of the House of Representatives and Committee on Finance of the Senate on the information sharing and analysis center described in subsection (a). The report shall include the data that was shared, the use of such data, and the results of the data sharing and analysis center in combating identity theft. <SECTION-HEADER> LOCAL LAW ENFORCEMENT LIAISON. Establishment. The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. Duties. The Local Law Enforcement Liaison shall serve as the primary source of contact for State and local law enforcement authorities with respect to tax-related identity theft, having duties that shall include receiving information from State and local law enforcement authorities, responding to inquiries from State and local law enforcement authorities. Administering authorized information-sharing initiatives with State or local law enforcement authorities and reviewing the performance of such initiatives. Ensuring any information provided through authorized information-sharing initiatives with State or local law enforcement authorities is used only for the prosecution of identity theft-related crimes and not re-disclosed to third parties. And such other duties relating to tax-related identity theft prevention as are delegated by the Commissioner of Internal Revenue. <SECTION-HEADER> IRS PHONE SCAM REPORT. In General. Not later than 1 year after the date of the enactment of this Act, the Inspector General for Tax Administration, in consultation with the Federal Communications Commission and the Federal Trade Commission, shall submit a report to Congress regarding identity theft phone scams under which individuals attempt to obtain personal information over the phone from taxpayers by falsely claiming to be calling from or on behalf the Internal Revenue Service. Contents of Report. Such report shall include a description of the nature and form of such scams. An estimate of the number of taxpayers contacted pursuant to, and the number of taxpayers who have been victims of, such scams. An estimate of the amount of wrongful payments obtained from such scams. And details of potential solutions to combat and prevent such scams, including best practices from the private sector and technological solutions. <SECTION-HEADER> PROVIDING IDENTITY THEFT PREVENTION INFORMATION WHILE ON HOLD WITH INTERNAL REVENUE SERVICE. The Secretary of the Treasury, or the Secretary's delegate, shall ensure that if a taxpayer is on hold with the Internal Revenue Service on a taxpayer service telephone call the following information is provided: Basic information about common identity theft tax scams. Directions on where to report such activity. Tips on how to protect against identity theft tax scams. <SECTION-HEADER> NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives May 16, 2016. Attest: KAREN L. HAAS, Clerk.

Stolen Identity Refund Fraud Prevention Act of 2016 This bill amends the Internal Revenue Code to require the Department of the Treasury and the Internal Revenue Service to take several actions to prevent and respond to tax-related identity theft and tax fraud. The Department of the Treasury must establish and maintain an office at the Internal Revenue Service (IRS) and procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to identity theft has a centralized point of contact throughout the processing of the case. The office must coordinate with other IRS offices to resolve the case as quickly as possible. If the IRS determines that there was an unauthorized use of a taxpayer's identity, it must notify the taxpayer as soon as practicable without jeopardizing any investigation related to tax administration. The notice must include: (1) instructions for filing a police report, and (2) forms to allow law enforcement officials to access the taxpayer's personal information. The IRS must also notify the taxpayer as soon as practicable if criminal charges are brought against any person with respect to the unauthorized use of the identity. The IRS must submit to Congress a feasibility study regarding a program under which a person who has filed an identity theft affidavit with the IRS may elect to prevent the processing of any federal tax return submitted in an electronic format by that taxpayer or a person purporting to be that taxpayer. To help prevent identity theft tax refund fraud, the IRS must use information available from the Do Not Pay Initiative established by the Improper Payments Elimination and Recovery Improvement Act of 2012. The IRS must report to Congress biannually on fraud involving the use of a misappropriated taxpayer identity to claim tax refunds and IRS detection, prevention, and enforcement activities undertaken with respect to the fraud. The report must provide an update on the implementation of this bill and identify the need for any further legislation to protect taxpayer identities. The first biannual report must include: (1) an assessment of the agency's progress on identity theft outreach and education, and (2) the results of a feasibility study on the costs and benefits of enhancing its taxpayer authentication approach to the electronic tax return filing process. The IRS must establish and report to Congress on an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft. The IRS must establish within the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to interact with state and local law enforcement authorities to: receive information, respond to inquiries, administer and review the performance of information-sharing initiatives, ensure any information provided through the initiatives is used only for the prosecution of identity theft-related crimes and not re-disclosed to third parties, and carry out other duties relating to tax-related identity theft prevention. The Inspector General for Tax Administration must report to Congress regarding identity theft phone scams under which individuals attempt to obtain personal information over the phone from taxpayers by falsely claiming to be calling from or on behalf of the IRS. The IRS must provide the following information to taxpayers who are on hold during a taxpayer service telephone call: (1) basic information about common identity theft tax scams, (2) directions on where to report such activities, and (3) tips on how to protect against identity theft tax scams. No additional funds are authorized to carry out the requirements of this bill.

Stolen Identity Refund Fraud Prevention Act of 2016

114_hr1145

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biomass Thermal Utilization Act of 2015'' or the ``BTU Act of 2015''. SEC. 2. RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT FOR BIOMASS FUEL PROPERTY EXPENDITURES. (a) Allowance of Credit.--Subsection (a) of section 25D of the Internal Revenue Code of 1986 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 new paragraph: ``(6) in the case of taxable years beginning before January 1, 2021, 30 percent of the qualified biomass fuel property expenditures made by the taxpayer during such year.''. (b) Qualified Biomass Fuel Property Expenditures.--Subsection (d) of section 25D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Qualified biomass fuel property expenditure.-- ``(A) In general.--The term `qualified biomass fuel property expenditure' means an expenditure for property-- ``(i) which uses the burning of biomass fuel to heat a dwelling unit located in the United States and used as a residence by the taxpayer, or to heat water for use in such a dwelling unit, and ``(ii) which has a thermal efficiency rating of at least 75 percent (measured by the higher heating value of the fuel). ``(B) Biomass fuel.--For purposes of this section, the term `biomass fuel' means any plant-derived fuel available on a renewable or recurring basis, including agricultural crops and trees, wood and wood waste and residues, plants (including aquatic plants), grasses, residues, and fibers. Such term includes densified biomass fuels such as wood pellets.''. (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2015. SEC. 3. INVESTMENT TAX CREDIT FOR BIOMASS HEATING PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (vi), by inserting ``or'' at the end of clause (vii), and by inserting after clause (vii) the following new clause: ``(viii) open-loop biomass (within the meaning of section 45(c)(3)) heating property, including boilers or furnaces which operate at thermal output efficiencies of not less than 65 percent (measured by the higher heating value of the fuel) and which provide thermal energy in the form of heat, hot water, or steam for space heating, air conditioning, domestic hot water, or industrial process heat,''. (b) 30-Percent and 15-Percent Credits.-- (1) Energy percentage.-- (A) In general.--Subparagraph (A) of section 48(a)(2) of the Internal Revenue Code of 1986 is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ``(ii) except as provided in clause (i)(V), 15 percent in the case of energy property described in paragraph (3)(A)(viii), but only with respect to periods ending before January 1, 2021, and''. (B) Conforming amendment.--Subparagraph of section 48(a)(2)(A)(iii) of such Code, as so redesignated, is amended by inserting ``or (ii)'' after ``clause (i)''. (2) Increased credit for greater efficiency.--Clause (i) of section 48(a)(2)(A) of such Code is amended by striking ``and'' at the end of subclause (III) and by inserting after subclause (IV) the following new subclause: ``(V) energy property described in paragraph (3)(A)(viii) which operates at a thermal output efficiency of not less than 80 percent (measured by the higher heating value of the fuel), but only with respect to periods ending before January 1, 2021,''. (c) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2015, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Biomass Thermal Utilization Act of 2015 or the BTU Act of 2015 Amends the Internal Revenue Code to include 30 of qualified biomass fuel property expenditures made in taxable years beginning before 2021 in the residential energy efficient property tax credit. Defines quot, qualified biomass fuel property expenditurequot. As an expenditure for property which uses the burning of biomass fuel to heat a dwelling used as a residence, or to heat water for use in such dwelling, and which has a thermal efficiency rating of at least 75. Allows: (1) a 15 energy tax credit until 2021 for investment in open-loop biomass heating property, and (2) a 30 credit for boilers or furnaces that operate at thermal output efficiencies of at least 80 and provide thermal energy.

BTU Act of 2015

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Biomass Thermal Utilization Act of 2015" or the "BTU Act of 2015". <SECTION-HEADER> RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT FOR BIOMASS FUEL PROPERTY EXPENDITURES. Allowance of Credit. Subsection (a) of section 25D of the Internal Revenue Code of 1986 is amended by striking "and" at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ", and", and by adding at the end the following new paragraph: in the case of taxable years beginning before January 1, 2021, 30 percent of the qualified biomass fuel property expenditures made by the taxpayer during such year.". Qualified Biomass Fuel Property Expenditures. Subsection (d) of section 25D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: Qualified biomass fuel property expenditure. In general. The term `qualified biomass fuel property expenditure' means an expenditure for property which uses the burning of biomass fuel to heat a dwelling unit located in the United States and used as a residence by the taxpayer, or to heat water for use in such a dwelling unit, and which has a thermal efficiency rating of at least 75 percent . Biomass fuel. For purposes of this section, the term `biomass fuel' means any plant-derived fuel available on a renewable or recurring basis, including agricultural crops and trees, wood and wood waste and residues, plants , grasses, residues, and fibers. Such term includes densified biomass fuels such as wood pellets.". Effective Date. The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2015. <SECTION-HEADER> INVESTMENT TAX CREDIT FOR BIOMASS HEATING PROPERTY. In General. Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking "or" at the end of clause (vi), by inserting "or" at the end of clause (vii), and by inserting after clause (vii) the following new clause: open-loop biomass (within the meaning of section 45(c)(3)) heating property, including boilers or furnaces which operate at thermal output efficiencies of not less than 65 percent and which provide thermal energy in the form of heat, hot water, or steam for space heating, air conditioning, domestic hot water, or industrial process heat,". 30-Percent and 15-Percent Credits. Energy percentage. In general. Subparagraph (A) of section 48(a)(2) of the Internal Revenue Code of 1986 is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: except as provided in clause (i)(V), 15 percent in the case of energy property described in paragraph (3)(A)(viii), but only with respect to periods ending before January 1, 2021, and". Conforming amendment. Subparagraph of section 48(a)(2)(A)(iii) of such Code, as so redesignated, is amended by inserting "or (ii)" after "clause (i)". Increased credit for greater efficiency. Clause (i) of section 48(a)(2)(A) of such Code is amended by striking "and" at the end of subclause (III) and by inserting after subclause the following new subclause: energy property described in paragraph (3)(A)(viii) which operates at a thermal output efficiency of not less than 80 percent , but only with respect to periods ending before January 1, 2021,". Effective Date. The amendments made by this section shall apply to periods after December 31, 2015, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 .

Biomass Thermal Utilization Act of 2015 or the BTU Act of 2015 Amends the Internal Revenue Code to include 30 of qualified biomass fuel property expenditures made in taxable years beginning before 2021 in the residential energy efficient property tax credit. Defines quot, qualified biomass fuel property expenditurequot. As an expenditure for property which uses the burning of biomass fuel to heat a dwelling used as a residence, or to heat water for use in such dwelling, and which has a thermal efficiency rating of at least 75. Allows: (1) a 15 energy tax credit until 2021 for investment in open-loop biomass heating property, and (2) a 30 credit for boilers or furnaces that operate at thermal output efficiencies of at least 80 and provide thermal energy.

BTU Act of 2015

108_hr4934

SECTION 1. FINDINGS. Congress finds as follows: (1) Congress supports the goals of Indian self- determination and economic development. (2) Congress supports the efforts of Indian tribes to promote their economic development efforts, wherever possible, in cooperation with State and local governments and others. (3) The Puyallup tribe, a signatory to the 1854 Treaty of Medicine Creek, has a reservation in Washington State. (4) The Puyallup tribe, which operates gaming facilities pursuant to a compact with the State of Washington, is a significant source of jobs in the area of Tacoma, Washington. (5) The Port of Tacoma is an independent, municipal corporation that operates under State enabling legislation. (6) The Port of Tacoma is also a significant source of jobs in the area of Tacoma, Washington. (7) The Port of Tacoma is in the process of expanding its operations to provide greater economic opportunities for the City of Tacoma, Pierce County, and the State of Washington. (8) The Port of Tacoma's expansion requires the closure of the primary access road for one of the Puyallup tribe's gaming operations. Without this access road, the Puyallup tribe's gaming facility will no longer be economically viable at its current location. To avoid economic dislocation, including for the employees of the current facility, the Puyallup tribe has identified land on the Puyallup Reservation that would provide a suitable substitute location for its gaming facility. (9) The Puyallup tribe, as a result of the Port of Tacoma's road closure, seeks to have certain land taken into trust within its reservation. (10) The Puyallup tribe has worked closely and cooperatively with all affected entities, and the State of Washington, Pierce County, the City of Tacoma, the City of Fife, and the Port of Tacoma all support the Puyallup tribe in connection with this trust land acquisition. SEC. 2. TRUST LAND ACQUISITION. The Secretary shall accept the conveyance of and take into trust for the benefit of the Puyallup Tribe the following land located within the Puyallup Reservation: (1) Approximately 10.5 acres in Fife, Washington, consisting of the following parcels: Tax parcel number 0420076005 described as follows: LOT ``A'' OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 1 OF S P 89-08-08-0412 TH S ALG W MAR OF 58TH AVE E 550.08 FT TO N MAR OF FIFE I-5 OFFRAMP TH S 87 DEG 37 MIN 15 SEC W 175.32 FT TH N 86 DEG 40 MIN 15 SEC W 150.7 FT TH N 03 DEG 19 MIN 45 SEC E 15 FT TH ALG C TO R CENTER BEARS N 03 DEG 19 MIN 45 SEC E 319.3 FT DIST THRU CENTRL ANGLE OF 26 DEG 01 MIN 10 SEC ARC DIST OF 145 FT TH N 29 DEG 20 MIN 53 SEC E 15 FT TH N 60 DEG 39 MIN 07 SEC W 12 FT TH S 31 DEG 32 MIN 17 SEC W 4.76 FT TH NWLY ALG C TO R CENTER BEARS N 31 DEG 36 MIN 19 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 52 DEG 12 MIN 30 SEC W 103.2 FT TH N 00 DEG 25 MIN 25 SEC E 77.11 FT TH S 89 DEG 53 MIN 30 SEC E 193.43 FT TH N 00 DEG 25 MIN 25 SEC E 320 FT TO S MAR OF PAC HWY TH E ALG SD MAR 385 FT TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/90BO DC5/20/96JU Tax parcel number 0420076006 described as follows: LOT ``B'' OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 2 OF S P 89-08-02-0412 TH S 00 DEG 25 MIN 25 SEC W 320 FT TH N 89 DEG 53 MIN 30 SEC W 193.43 FT TH S 00 DEG 25 MIN 25 SEC W 77.11 FT TH S 52 DEG 12 MIN 30 SEC E 103.2 FT TH SELY ALG C TO L CENTER BEARS N 37 DEG 47 MIN 30 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 31 DEG 32 MIN 17 SEC E 4.76 FT TH S 60 DEG 39 MIN 07 SEC E 12 FT TH S 29 DEG 20 MIN 53 SEC W 15 FT TO NLY MAR OF FIFE I-5 OFFRAMP TH NWLY ALG C TO R CENTER BEARS N 29 DEG 20 MIN 53 SEC E 319.3 FT DIST THRU CENTRAL ANGLE OF 47.05 FT TH N 52 DEG 12 MIN 30 SEC W 108.15 FT TH N 00 DEG 25 MIN 25 SEC E 402 FT TO S MAR OF PACIFIC HWY TH E ALG SD MAR 203.43 FT TO POB TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 SEG B0368JU 11/19/90BO DC5/20/ 96JU Tax parcel number 0420076007 described as follows: L 3 OF S P 89-08-02-0412 TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/ 90BO Tax parcel number 0420076008 described as follows: Section 07 Township 20 Range 04 Quarter 23 : L 4 OF S P 89-08-02-0412 EXC THAT POR CYD TO STATE OF WASH PER ETN 842928 TOG/W FOLL DESC PROP COM AT HES AL26 6+38.0 POT ON AL26 LI SURVEY OF SR 5 TAC TO KING CTY LI TH S 88 DEG 54 MIN 30 SEC E 95 FT TO POB TH S 01 DEG 05 MIN 30 SEC W 87.4 FT TH WLY TO A PT OPP HES AL26 5+50.6 POT ON SD AL26 LI SURVEY & 75 FT ELY THEREFROM TH NWLY TO A PT OPP AL26 5+80.6 ON SD LI SURVEY & 55 FT ELY THEREFROM TH NLY PAR/W SD LI SURVEY TO N LI OF GOVT LOT 1 TH N 88 DEG 54 MIN 30 SEC E TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 8JU SEG B-0368JU 11-19-90BO DC9967JU02-11-94CL (2) An area of up to approximately 20 acres located within the Puyallup Indian Reservation in Tacoma, Washington, and abutting other trust land of the Puyallup tribe consisting of the following parcels: Any of the lots acquired by the Puyallup tribe located in Blocks 7846, 7850, 7945, 7946, 7949, 7950, 8045, or 8049 in the Indian Addition to the City of Tacoma.

Directs the Secretary of the Interior to take certain tribally-owned reservation land into trust for the Puyallup Tribe.

To direct the Secretary of the Interior to take certain tribally-owned reservation land into trust for the Puyallup Tribe.

<SECTION-HEADER> FINDINGS. Congress finds as follows: Congress supports the goals of Indian self- determination and economic development. Congress supports the efforts of Indian tribes to promote their economic development efforts, wherever possible, in cooperation with State and local governments and others. The Puyallup tribe, a signatory to the 1854 Treaty of Medicine Creek, has a reservation in Washington State. The Puyallup tribe, which operates gaming facilities pursuant to a compact with the State of Washington, is a significant source of jobs in the area of Tacoma, Washington. The Port of Tacoma is an independent, municipal corporation that operates under State enabling legislation. The Port of Tacoma is also a significant source of jobs in the area of Tacoma, Washington. The Port of Tacoma is in the process of expanding its operations to provide greater economic opportunities for the City of Tacoma, Pierce County, and the State of Washington. The Port of Tacoma's expansion requires the closure of the primary access road for one of the Puyallup tribe's gaming operations. Without this access road, the Puyallup tribe's gaming facility will no longer be economically viable at its current location. To avoid economic dislocation, including for the employees of the current facility, the Puyallup tribe has identified land on the Puyallup Reservation that would provide a suitable substitute location for its gaming facility. The Puyallup tribe, as a result of the Port of Tacoma's road closure, seeks to have certain land taken into trust within its reservation. The Puyallup tribe has worked closely and cooperatively with all affected entities, and the State of Washington, Pierce County, the City of Tacoma, the City of Fife, and the Port of Tacoma all support the Puyallup tribe in connection with this trust land acquisition. <SECTION-HEADER> TRUST LAND ACQUISITION. The Secretary shall accept the conveyance of and take into trust for the benefit of the Puyallup Tribe the following land located within the Puyallup Reservation: Approximately 10.5 acres in Fife, Washington, consisting of the following parcels: Tax parcel number 0420076005 described as follows: LOT "A" OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 1 OF S P 89-08-08-0412 TH S ALG W MAR OF 58TH AVE E 550.08 FT TO N MAR OF FIFE I-5 OFFRAMP TH S 87 DEG 37 MIN 15 SEC W 175.32 FT TH N 86 DEG 40 MIN 15 SEC W 150.7 FT TH N 03 DEG 19 MIN 45 SEC E 15 FT TH ALG C TO R CENTER BEARS N 03 DEG 19 MIN 45 SEC E 319.3 FT DIST THRU CENTRL ANGLE OF 26 DEG 01 MIN 10 SEC ARC DIST OF 145 FT TH N 29 DEG 20 MIN 53 SEC E 15 FT TH N 60 DEG 39 MIN 07 SEC W 12 FT TH S 31 DEG 32 MIN 17 SEC W 4.76 FT TH NWLY ALG C TO R CENTER BEARS N 31 DEG 36 MIN 19 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 52 DEG 12 MIN 30 SEC W 103.2 FT TH N 00 DEG 25 MIN 25 SEC E 77.11 FT TH S 89 DEG 53 MIN 30 SEC E 193.43 FT TH N 00 DEG 25 MIN 25 SEC E 320 FT TO S MAR OF PAC HWY TH E ALG SD MAR 385 FT TO POB TOGW EASE RESTR OF REC OUT OF 04-20-06-3-102 2-116 SEG B0368JU 111990BO DC52096JU Tax parcel number 0420076006 described as follows: LOT "B" OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 2 OF S P 89-08-02-0412 TH S 00 DEG 25 MIN 25 SEC W 320 FT TH N 89 DEG 53 MIN 30 SEC W 193.43 FT TH S 00 DEG 25 MIN 25 SEC W 77.11 FT TH S 52 DEG 12 MIN 30 SEC E 103.2 FT TH SELY ALG C TO L CENTER BEARS N 37 DEG 47 MIN 30 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 31 DEG 32 MIN 17 SEC E 4.76 FT TH S 60 DEG 39 MIN 07 SEC E 12 FT TH S 29 DEG 20 MIN 53 SEC W 15 FT TO NLY MAR OF FIFE I-5 OFFRAMP TH NWLY ALG C TO R CENTER BEARS N 29 DEG 20 MIN 53 SEC E 319.3 FT DIST THRU CENTRAL ANGLE OF 47.05 FT TH N 52 DEG 12 MIN 30 SEC W 108.15 FT TH N 00 DEG 25 MIN 25 SEC E 402 FT TO S MAR OF PACIFIC HWY TH E ALG SD MAR 203.43 FT TO POB TOGW EASE RESTRICTIONS OF REC OUT OF 04-20-06-3-102 SEG B0368JU 111990BO DC520 96JU Tax parcel number 0420076007 described as follows: L 3 OF S P 89-08-02-0412 TOGW EASE RESTRICTIONS OF REC OUT OF 04-20-06-3-102 2-116 SEG B0368JU 1119 90BO Tax parcel number 0420076008 described as follows: Section 07 Township 20 Range 04 Quarter 23 : L 4 OF S P 89-08-02-0412 EXC THAT POR CYD TO STATE OF WASH PER ETN 842928 TOGW FOLL DESC PROP COM AT HES AL26 638.0 POT ON AL26 LI SURVEY OF SR 5 TAC TO KING CTY LI TH S 88 DEG 54 MIN 30 SEC E 95 FT TO POB TH S 01 DEG 05 MIN 30 SEC W 87.4 FT TH WLY TO A PT OPP HES AL26 550.6 POT ON SD AL26 LI SURVEY 75 FT ELY THEREFROM TH NWLY TO A PT OPP AL26 580.6 ON SD LI SURVEY 55 FT ELY THEREFROM TH NLY PARW SD LI SURVEY TO N LI OF GOVT LOT 1 TH N 88 DEG 54 MIN 30 SEC E TO POB TOGW EASE RESTR OF REC OUT OF 04-20-06-3-102 8JU SEG B-0368JU 11-19-90BO DC9967JU02-11-94CL An area of up to approximately 20 acres located within the Puyallup Indian Reservation in Tacoma, Washington, and abutting other trust land of the Puyallup tribe consisting of the following parcels: Any of the lots acquired by the Puyallup tribe located in Blocks 7846, 7850, 7945, 7946, 7949, 7950, 8045, or 8049 in the Indian Addition to the City of Tacoma.

Directs the Secretary of the Interior to take certain tribally-owned reservation land into trust for the Puyallup Tribe.

To direct the Secretary of the Interior to take certain tribally-owned reservation land into trust for the Puyallup Tribe.

103_s2336

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Communications Commission Authorization Act of 1994''. SEC. 2. EXTENSION OF AUTHORITY. Section 6 of the Communications Act of 1934 (47 U.S.C. 156) is amended to read as follows: ``authorization of appropriations ``Sec. 6. There are authorized to be appropriated for the administration of this Act by the Commission $160,300,000 for fiscal year 1994 and $198,232,000 for fiscal year 1995, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for fiscal year 1995. Of the sum appropriated in any fiscal year, a portion, in an amount determined under sections 8(b) and 9(b), shall be derived from fees authorized by sections 8 and 9.''. SEC. 3. TRAVEL REIMBURSEMENT AUTHORITY. Subsection (g) of section 4 of the Communications Act of 1934 (47 U.S.C. 154) is amended-- (1) by striking paragraph (2), and (2) by redesignating paragraph (3) as (2). SEC. 4. COMMUNICATIONS SUPPORT FROM OLDER AMERICANS. Section 6(a) of the Federal Communications Commission Authorization Act of 1988 (47 U.S.C. 154 note) is amended by striking ``1992 and 1993,'' and inserting ``1995 and 1996,''. SEC. 5. HAWAII MONITORING STATION. Section 9(a) of the Federal Communications Commission Authorization Act of 1988 (Public Law 100-594; 102 Stat. 3024) is amended by striking ``1991, 1992, 1993, and 1994'' and inserting ``1995, 1996, and 1997''. SEC. 6. INSPECTION OF SHIP RADIO STATIONS. (a) Contracting Out Inspections.--Section 4(f)(3) of the Communications Act of 1934 (47 U.S.C. 154(f)(3)) is amended by adding at the end the following: ``Notwithstanding the preceding provisions of this paragraph, the Commission may designate an entity to make the inspections referred to in this paragraph.''. (b) Annual Inspection Required.--Section 362(b) of the Communications Act of 1934 (47 U.S.C. 360(b)) is amended-- (1) by striking ``as may'' in the third sentence and inserting ``as the Commission determines to'', and (2) by striking ``thereby'' and all that follows and inserting the following: ``thereby-- ``(1) waive the annual inspection required under this section for a period of up to 90 days for the sole purpose of enabling a vessel to complete its voyage and proceed to a port in the United States where an inspection can be held, or ``(2) waive the annual inspection required under this section for a vessel that is in compliance with the radio provisions of the Safety Convention and that is operating solely in waters beyond the jurisdiction of the United States, but the inspection shall be performed within 30 days after the vessel's return to the United States.''. (c) Conforming Amendment.--Section 385 of the Communications Act of 1934 (47 U.S.C. 385) is amended-- (1) by inserting ``or an entity designated by the Commission'' after ``Commission'', and (2) by striking out ``as may'' and inserting ``as the Commission determines to''. SEC. 7. EXPEDITED ITFS PROCESSING. Section 5(c)(1) of the Communications Act of 1934 (47 U.S.C. 155(c)(1)) is amended by striking ``Nothing'' and inserting ``Except for cases involving the authorization of service in the Instructional Television Fixed Service, or as otherwise provided in this Act, nothing''. SEC. 8. APPLICATION FEES. (a) Modification of Fees.--Subsection (b) of section 8 of the Communications Act of 1934 (47 U.S.C. 158) is amended-- (1) by redesignating paragraph (2) as (6), and (2) by striking out so much of such subsection as precedes paragraph (6), as redesignated, and inserting the following: ``(b)(1) For fiscal year 1995 and each fiscal year thereafter, the Commission shall, by regulation, modify the application fees by proportionate increases or decreases so as to result in estimated total collections for the fiscal year equal to the sum of-- ``(A) $40,000,000, plus ``(B) the amount specified in an appropriation Act for the Commission for that fiscal year to be collected and credited to such appropriation, not to exceed necessary expenses of the Commission. ``(2) The Commission may round the modified fees to the nearest $5, in the case of fees under $100, or to the nearest $20, in the case of fees of $100 or more. The Commission shall transmit to the Congress notification of any adjustment made under this paragraph immediately upon the adoption of the adjustment. ``(3) The Commission may collect fees at the prior year's rate until the effective date of modifications, adjustments, or amendments under this subsection. ``(4) The Commission by regulation shall add, delete, or reclassify services, categories, applications, or other filings subject to application fees to reflect additions, deletions, or changes in the nature of its services or authorization of service processes as a consequence of rulemaking proceedings or changes in law. ``(5) The amount of any fee modified or amended as a consequence of action taken under paragraph (4) shall be derived by determining the fulltime equivalent number of employees performing application activities adjusted to take into account other expenses that are reasonably related to the cost of processing the application or other filing, including all executive and legal costs incurred by the Commission in the discharge of these functions, and other factors the Commission determines to be in the public interest. The Commission shall transmit to the Congress notification of-- ``(A) any proposed modification of a fee immediately upon adoption of the proposal, and ``(B) any amendment immediately upon adoption of an amended fee.''. (b) Reimbursement of Appropriations.--Section 8(e) of such Act (47 U.S.C. 8(e)) is amended to read as follows: ``(e) Of the moneys received from fees authorized under this section, $40,000,000 shall be deposited in the general fund of the Treasury to reimburse the United States for amounts appropriated for use by the Commission in carrying out its functions under this Act, and the remainder shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Commission.''. (c) Derivation of Appropriated Funds.--Section 6(d) of such Act (47 U.S.C. 156(d)) is amended-- (1) by striking ``section 9(b)'' and inserting ``sections 8(b) and 9(b)'', and (2) by striking ``section 9'' and inserting ``sections 8 and 9, respectively''. SEC. 9. SCHEDULE OF APPLICATION FEES FOR PERSONAL COMMUNICATIONS SERVICES. The Schedule of Application Fees set forth in section 8(g) of the Communications Act of 1934 (47 U.S.C. 158(g)) is amended by adding at the end of the part relating to Common Carrier Services the following: ``23.Personal Communications Services ``a. Initial or New Application........................ 230 ``b. Amendment to Pending Application.................. 35 ``c. Application for Assignment or Transfer of Control. 230 ``d. Application for Renewal of License................ 35 ``e. Request for Special Temporary Authority........... 200 ``f. Notification of Completion of Construction........ 35 ``g. Request to Combine Service Areas.................. 50.''. SEC. 10. REGULATORY FEES. (a) In General.--Section 9(a) of the Communications Act of 1934 (47 U.S.C. 159(a)) is amended to read as follows: ``(a) General Authority.--The Commission, in accordance with this section, shall assess and collect regulatory fees to recover its costs arising from all executive and legal costs incurred by the Commission in the discharge of these functions.''. (b) Notice to Congress of Adjustments and Amendments.--Section 9(b)(4)(B) of such Act (47 U.S.C. 159(b)(4)(B)) is amended by striking ``90 days'' and inserting ``30 days''. (c) Authority To Collect at Old Rate Pending Effective Date of New Rates.--Section 9(b) of such Act (47 U.S.C. 9(b)) is amended by adding at the end thereof the following: ``(5) Rates pending effective date of modifications.--The Commission may continue to collect any fee imposed under this section at the prior year's rate until the effective date of any adjustment or amendment of that fee under this section.''. SEC. 11. REPORT OF FEE MODIFICATIONS. Section 4(k) of the Communications Act of 1934 (47 U.S.C. 154(k)) is amended-- (1) by striking ``and'' at the end of paragraph (3), (2) by redesignating paragraph (4) as (5), and (3) by inserting after paragraph (3) the following new paragraph: ``(4) a detailed explanation of any modification, adjustment, or amendment of any fees the amount of which was increased or decreased under section 8 or 9 in the preceding year, setting forth the reasons for the modification, adjustment, or amendment, together with a statement of anticipated modifications, adjustments, or amendments of fees under those sections in the year in which the report is submitted and an explanation of the reason such action is anticipated; and''. SEC. 12. TARIFF REJECTION AUTHORITY. Section 203(e) of the Communications Act of 1934 (47 U.S.C. 203(d)) is amended by inserting the following after the first sentence: ``The Commission may, after inviting comment from interested parties, reject a proposed tariff filing in whole or in part if the filing or any part thereof is patently unlawful. In evaluating whether a proposed tariff filing is patently unlawful, the Commission may consider additional information filed by the carrier or any interested party and shall presume the facts alleged by the carrier to be true.''. SEC. 13. REFUND AUTHORITY. Section 205 of the Communications Act of 1934 (47 U.S.C. 205) is amended by adding at the end thereof the following: ``(c) The Commission may require by order the refund of a portion of any charge by a carrier that results from violation of this Act, or of any rule promulgated under this Act. The refund shall be paid, with interest, to the person by or on whose behalf the charge was paid. The Commission may not require payment of a refund under this subsection unless-- ``(1) it issues an order advising the carrier of its potential refund liability and provides the carrier with an opportunity to file written comments as to why the refund should not be required, and ``(2) it issues the order not later than 5 years after the date on which the charge was paid.''. SEC. 14. LICENSING OF AVIATION, MARITIME, AND PERSONAL RADIO SERVICES BY RULE. Section 307(e) of the Communications Act of 1934 (47 U.S.C. 307(e)) is amended-- (1) by striking ``radio control service and the citizens band radio service'' in paragraph (1) and inserting: ``following radio services: (A) personal radio services, (B) aviation radio service for aircraft stations operated on domestic flights when such aircraft are not otherwise required to carry a radio station, and (C) maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station'', and (2) by striking out ``the terms `radio control service' and `citizens band radio service' shall'' in paragraph (3) and inserting: ``the terms `personal radio services', `aircraft station', and `ship station' shall''. SEC. 15. AUCTION TECHNICAL AMENDMENTS. Section 309(j)(8) of the of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended-- (1) by inserting ``are authorized to remain available until expended and'' after ``Such offsetting collections'' in the second sentence of subparagraph (B), and (2) by adding at the end thereof the following: ``(C) Revenues on deposit.--The Commission is authorized, based on the competitive bidding methodology selected, to provide for the deposit of monies for bids in an interest-bearing account until such time as the Commission accepts a deposit from the high bidder. All interest earned on bid monies received from the winning bidder shall be deposited into the general fund of the Treasury. All interest earned on bid monies deposited from unsuccessful bidders shall be paid to those bidders, less any applicable fees and penalties.''. SEC. 16. FORFEITURE FOR ACT OR RULE VIOLATIONS IMPERILING SAFETY OF LIFE. (a) Administrative Sanctions.--Section 312(a) of the Communications Act of 1934 (47 U.S.C. 312(a)) is amended-- (1) by striking ``or'' at the end of paragraph (6), (2) by striking the period at the end of paragraph (7) and inserting a semicolon and the word ``or'', and (3) by adding at the end thereof the following: ``(8) for failure to comply with any requirement of this Act or the Commission's rules that imperils the safety of life.''. (b) Forfeitures.--Section 503(b)(1) of such Act (47 U.S.C. 503(b)(1)) is amended-- (1) by striking out ``or'' at the end of subparagraph (C); (2) by inserting ``or'' after the semicolon at the end of subparagraph (D), and (3) by inserting after subparagraph (D) the following: ``(E) failed to comply with any requirement of this Act or the Commission's rules that imperils the safety of life;''. SEC. 17. STATUTE OF LIMITATIONS FOR FORFEITURE PROCEEDINGS AGAINST COMMON CARRIERS. Section 503(b)(6) of the Communications Act of 1934 (47 U.S.C. 503(b)(6)) is amended-- (1) by striking ``or'' at the end of subparagraph (A), (2) by inserting ``and is not a common carrier'' after ``Act'' in subparagraph (B), (3) by redesignating subparagraph (B) as (C), and (4) by inserting after subparagraph (A) the following: ``(B) such person is a common carrier and the required notice of apparent liability is issued more than 5 years after the date on which the violation occurred; or''.

Federal Communications Commission Authorization Act of 1994 - Amends the Communications Act of 1934 to authorize appropriations for the Federal Communications Commission (FCC) for FY 1994 and 1995. Derives a portion of such appropriations from application and regulatory fees. Repeals provisions regarding reimbursement of FCC travel expenses. Amends the Federal Communications Commission Authorization Act of 1988 to extend the FCC's: (1) authorization to make grants or enter into agreements to utilize the talents of older Americans in FCC programs through FY 1996. And (2) authorization for the relocation of the Hawaii monitoring station through FY 1997. Waives annual equipment inspections for vessels in compliance with the radio provisions of the Safety Convention that are operating solely in waters beyond US jurisdiction, provided that an inspection is performed within 30 days after return to the United States. Revises application fee provisions to require the FCC, beginning in FY 1995, to modify such fees by proportionate increases or decreases so as to result in estimated total collections for the fiscal year equal to the sum of $40 million plus the amount specified in an appropriation Act to be collected, not to exceed necessary FCC expenses. Sets forth a schedule of application fees for personal communications services. Permits the FCC to reject a proposed tariff filing if the filing or any part is patently unlawful. Authorizes the FCC, subject to certain conditions, to require the refund of a portion of any charge by a carrier that results from violation of this Act. Permits the operation of the following radio services without individual licenses: (1) personal radio services, (2) specified aviation radio service on domestic flights. And (3) maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station. Adds a failure to comply with the Act's requirements or FCC rules that imperils the safety of life to the list of offenses for which the FCC may revoke a station license or construction permit. Imposes a forfeiture penalty for such violation. Bars forfeiture proceedings against common carriers to whom the notice of liability is issued five years after the date of the violation.

Federal Communications Commission Authorization Act of 1994

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Federal Communications Commission Authorization Act of 1994". <SECTION-HEADER> EXTENSION OF AUTHORITY. Section 6 of the Communications Act of 1934 is amended to read as follows: "authorization of appropriations "<SECTION-HEADER> There are authorized to be appropriated for the administration of this Act by the Commission $160,300,000 for fiscal year 1994 and $198,232,000 for fiscal year 1995, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for fiscal year 1995. Of the sum appropriated in any fiscal year, a portion, in an amount determined under sections 8(b) and 9(b), shall be derived from fees authorized by sections 8 and 9.". <SECTION-HEADER> TRAVEL REIMBURSEMENT AUTHORITY. Subsection (g) of section 4 of the Communications Act of 1934 is amended by striking paragraph (2), and by redesignating paragraph (3) as (2). <SECTION-HEADER> COMMUNICATIONS SUPPORT FROM OLDER AMERICANS. Section 6(a) of the Federal Communications Commission Authorization Act of 1988 is amended by striking "1992 and 1993," and inserting "1995 and 1996,". <SECTION-HEADER> HAWAII MONITORING STATION. Section 9(a) of the Federal Communications Commission Authorization Act of 1988 is amended by striking "1991, 1992, 1993, and 1994" and inserting "1995, 1996, and 1997". <SECTION-HEADER> INSPECTION OF SHIP RADIO STATIONS. Contracting Out Inspections. Section 4(f)(3) of the Communications Act of 1934 (47 USC. 154(f)(3)) is amended by adding at the end the following: "Notwithstanding the preceding provisions of this paragraph, the Commission may designate an entity to make the inspections referred to in this paragraph.". Annual Inspection Required. Section 362(b) of the Communications Act of 1934 (47 USC. 360(b)) is amended by striking "as may" in the third sentence and inserting "as the Commission determines to", and by striking "thereby" and all that follows and inserting the following: "thereby waive the annual inspection required under this section for a period of up to 90 days for the sole purpose of enabling a vessel to complete its voyage and proceed to a port in the United States where an inspection can be held, or waive the annual inspection required under this section for a vessel that is in compliance with the radio provisions of the Safety Convention and that is operating solely in waters beyond the jurisdiction of the United States, but the inspection shall be performed within 30 days after the vessel's return to the United States.". Conforming Amendment. Section 385 of the Communications Act of 1934 is amended by inserting "or an entity designated by the Commission" after "Commission", and by striking out "as may" and inserting "as the Commission determines to". <SECTION-HEADER> EXPEDITED ITFS PROCESSING. Section 5(c)(1) of the Communications Act of 1934 (47 USC. 155(c)(1)) is amended by striking "Nothing" and inserting "Except for cases involving the authorization of service in the Instructional Television Fixed Service, or as otherwise provided in this Act, nothing". <SECTION-HEADER> APPLICATION FEES. Modification of Fees. Subsection (b) of section 8 of the Communications Act of 1934 is amended by redesignating paragraph (2) as (6), and by striking out so much of such subsection as precedes paragraph (6), as redesignated, and inserting the following: (1) For fiscal year 1995 and each fiscal year thereafter, the Commission shall, by regulation, modify the application fees by proportionate increases or decreases so as to result in estimated total collections for the fiscal year equal to the sum of $40,000,000, plus the amount specified in an appropriation Act for the Commission for that fiscal year to be collected and credited to such appropriation, not to exceed necessary expenses of the Commission. The Commission may round the modified fees to the nearest $5, in the case of fees under $100, or to the nearest $20, in the case of fees of $100 or more. The Commission shall transmit to the Congress notification of any adjustment made under this paragraph immediately upon the adoption of the adjustment. The Commission may collect fees at the prior year's rate until the effective date of modifications, adjustments, or amendments under this subsection. The Commission by regulation shall add, delete, or reclassify services, categories, applications, or other filings subject to application fees to reflect additions, deletions, or changes in the nature of its services or authorization of service processes as a consequence of rulemaking proceedings or changes in law. The amount of any fee modified or amended as a consequence of action taken under paragraph (4) shall be derived by determining the fulltime equivalent number of employees performing application activities adjusted to take into account other expenses that are reasonably related to the cost of processing the application or other filing, including all executive and legal costs incurred by the Commission in the discharge of these functions, and other factors the Commission determines to be in the public interest. The Commission shall transmit to the Congress notification of any proposed modification of a fee immediately upon adoption of the proposal, and any amendment immediately upon adoption of an amended fee.". Reimbursement of Appropriations. Section 8(e) of such Act (47 USC. 8(e)) is amended to read as follows: Of the moneys received from fees authorized under this section, $40,000,000 shall be deposited in the general fund of the Treasury to reimburse the United States for amounts appropriated for use by the Commission in carrying out its functions under this Act, and the remainder shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Commission.". Derivation of Appropriated Funds. Section 6(d) of such Act (47 USC. 156(d)) is amended by striking "section 9(b)" and inserting "sections 8(b) and 9(b)", and by striking "section 9" and inserting "sections 8 and 9, respectively". <SECTION-HEADER> SCHEDULE OF APPLICATION FEES FOR PERSONAL COMMUNICATIONS SERVICES. The Schedule of Application Fees set forth in section 8(g) of the Communications Act of 1934 (47 USC. 158(g)) is amended by adding at the end of the part relating to Common Carrier Services the following: "23. Personal Communications Services "a. Initial or New Application............ 230 "b. Amendment to Pending Application......... 35 "c. Application for Assignment or Transfer of Control. 230 "d. Application for Renewal of License........ 35 "e. Request for Special Temporary Authority...... 200 "f. Notification of Completion of Construction.... 35 "g. Request to Combine Service Areas......... 50.". <SECTION-HEADER> REGULATORY FEES. In General. Section 9(a) of the Communications Act of 1934 (47 USC. 159(a)) is amended to read as follows: General Authority. The Commission, in accordance with this section, shall assess and collect regulatory fees to recover its costs arising from all executive and legal costs incurred by the Commission in the discharge of these functions.". Notice to Congress of Adjustments and Amendments. Section 9(b)(4)(B) of such Act (47 USC. 159(b)(4)(B)) is amended by striking "90 days" and inserting "30 days". Authority To Collect at Old Rate Pending Effective Date of New Rates. Section 9(b) of such Act (47 USC. 9(b)) is amended by adding at the end thereof the following: Rates pending effective date of modifications. The Commission may continue to collect any fee imposed under this section at the prior year's rate until the effective date of any adjustment or amendment of that fee under this section.". <SECTION-HEADER> REPORT OF FEE MODIFICATIONS. Section 4(k) of the Communications Act of 1934 (47 USC. 154(k)) is amended by striking "and" at the end of paragraph (3), by redesignating paragraph (4) as (5), and by inserting after paragraph (3) the following new paragraph: a detailed explanation of any modification, adjustment, or amendment of any fees the amount of which was increased or decreased under section 8 or 9 in the preceding year, setting forth the reasons for the modification, adjustment, or amendment, together with a statement of anticipated modifications, adjustments, or amendments of fees under those sections in the year in which the report is submitted and an explanation of the reason such action is anticipated. And". <SECTION-HEADER> TARIFF REJECTION AUTHORITY. Section 203(e) of the Communications Act of 1934 (47 USC. 203(d)) is amended by inserting the following after the first sentence: "The Commission may, after inviting comment from interested parties, reject a proposed tariff filing in whole or in part if the filing or any part thereof is patently unlawful. In evaluating whether a proposed tariff filing is patently unlawful, the Commission may consider additional information filed by the carrier or any interested party and shall presume the facts alleged by the carrier to be true.". <SECTION-HEADER> REFUND AUTHORITY. Section 205 of the Communications Act of 1934 is amended by adding at the end thereof the following: The Commission may require by order the refund of a portion of any charge by a carrier that results from violation of this Act, or of any rule promulgated under this Act. The refund shall be paid, with interest, to the person by or on whose behalf the charge was paid. The Commission may not require payment of a refund under this subsection unless it issues an order advising the carrier of its potential refund liability and provides the carrier with an opportunity to file written comments as to why the refund should not be required, and it issues the order not later than 5 years after the date on which the charge was paid.". <SECTION-HEADER> LICENSING OF AVIATION, MARITIME, AND PERSONAL RADIO SERVICES BY RULE. Section 307(e) of the Communications Act of 1934 (47 USC. 307(e)) is amended by striking "radio control service and the citizens band radio service" in paragraph (1) and inserting: "following radio services: (A) personal radio services, (B) aviation radio service for aircraft stations operated on domestic flights when such aircraft are not otherwise required to carry a radio station, and (C) maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station", and by striking out "the terms `radio control service' and `citizens band radio service' shall" in paragraph (3) and inserting: "the terms `personal radio services', `aircraft station', and `ship station' shall". <SECTION-HEADER> AUCTION TECHNICAL AMENDMENTS. Section 309(j)(8) of the of the Communications Act of 1934 (47 USC. 309(j)(8)) is amended by inserting "are authorized to remain available until expended and" after "Such offsetting collections" in the second sentence of subparagraph (B), and by adding at the end thereof the following: Revenues on deposit. The Commission is authorized, based on the competitive bidding methodology selected, to provide for the deposit of monies for bids in an interest-bearing account until such time as the Commission accepts a deposit from the high bidder. All interest earned on bid monies received from the winning bidder shall be deposited into the general fund of the Treasury. All interest earned on bid monies deposited from unsuccessful bidders shall be paid to those bidders, less any applicable fees and penalties.". <SECTION-HEADER> FORFEITURE FOR ACT OR RULE VIOLATIONS IMPERILING SAFETY OF LIFE. Administrative Sanctions. Section 312(a) of the Communications Act of 1934 (47 USC. 312(a)) is amended by striking "or" at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting a semicolon and the word "or", and by adding at the end thereof the following: for failure to comply with any requirement of this Act or the Commission's rules that imperils the safety of life.". Forfeitures. Section 503(b)(1) of such Act (47 USC. 503(b)(1)) is amended by striking out "or" at the end of subparagraph (C). By inserting "or" after the semicolon at the end of subparagraph (D), and by inserting after subparagraph (D) the following: failed to comply with any requirement of this Act or the Commission's rules that imperils the safety of life. ". <SECTION-HEADER> STATUTE OF LIMITATIONS FOR FORFEITURE PROCEEDINGS AGAINST COMMON CARRIERS. Section 503(b)(6) of the Communications Act of 1934 (47 USC. 503(b)(6)) is amended by striking "or" at the end of subparagraph (A), by inserting "and is not a common carrier" after "Act" in subparagraph (B), by redesignating subparagraph (B) as (C), and by inserting after subparagraph (A) the following: such person is a common carrier and the required notice of apparent liability is issued more than 5 years after the date on which the violation occurred, or".

Federal Communications Commission Authorization Act of 1994 - Amends the Communications Act of 1934 to authorize appropriations for the Federal Communications Commission (FCC) for FY 1994 and 1995. Derives a portion of such appropriations from application and regulatory fees. Repeals provisions regarding reimbursement of FCC travel expenses. Amends the Federal Communications Commission Authorization Act of 1988 to extend the FCC's: (1) authorization to make grants or enter into agreements to utilize the talents of older Americans in FCC programs through FY 1996. And (2) authorization for the relocation of the Hawaii monitoring station through FY 1997. Waives annual equipment inspections for vessels in compliance with the radio provisions of the Safety Convention that are operating solely in waters beyond US jurisdiction, provided that an inspection is performed within 30 days after return to the United States. Revises application fee provisions to require the FCC, beginning in FY 1995, to modify such fees by proportionate increases or decreases so as to result in estimated total collections for the fiscal year equal to the sum of $40 million plus the amount specified in an appropriation Act to be collected, not to exceed necessary FCC expenses. Sets forth a schedule of application fees for personal communications services. Permits the FCC to reject a proposed tariff filing if the filing or any part is patently unlawful. Authorizes the FCC, subject to certain conditions, to require the refund of a portion of any charge by a carrier that results from violation of this Act. Permits the operation of the following radio services without individual licenses: (1) personal radio services, (2) specified aviation radio service on domestic flights. And (3) maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station. Adds a failure to comply with the Act's requirements or FCC rules that imperils the safety of life to the list of offenses for which the FCC may revoke a station license or construction permit. Imposes a forfeiture penalty for such violation. Bars forfeiture proceedings against common carriers to whom the notice of liability is issued five years after the date of the violation.

Federal Communications Commission Authorization Act of 1994

111_hr3033

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Neutral Government Act of 2009''. SEC. 2. AUTHORIZATION TO PURCHASE OFFSETS AND CREDITS. (a) Federal Authorities.--Subject to the requirements of this Act, each executive agency (as defined in section 105 of title V of the United States Code) and each legislative branch office is authorized to use appropriated funds to purchase either or both of the following in any open market transaction, that complies with all applicable procurement rules and regulations and is approved in accordance with subsection (c): (1) Qualified tradeable greenhouse gas offsets. (2) Qualified tradeable renewable energy credits. (b) Qualification of Offsets and Credits.--A tradeable greenhouse gas offset or renewable energy credit shall be treated as qualified for purposes of this section if the Secretary of Energy certifies the generator of such offset or credit. Upon the application of any person generating or planning to generate any such offsets or credits, the Secretary shall certify the generator if the Secretary determines that the generator meets, or will, upon implementation, meet, such requirements as the Secretary deems necessary, under rules promulgated by the Secretary, to ensure that the offsets or credits generated will represent the reduction of greenhouse gases as specified or estimated in the offset (in the case of an offset) or in the generation of the amount of renewable energy which the credit represents or is estimated to represent (in the case of a credit). A reduction in greenhouse gases that the Secretary determines would have occurred in the absence of the opportunity to sell an offset for such reduction shall not be treated as a qualified offset for purposes of this Act. (c) Approval of Open Market Transactions.--The Secretary of Energy shall promulgate rules, after notice and opportunity for comment, regarding the open market transactions (involving qualified tradeable greenhouse gas offsets and qualified tradeable renewable energy credits) that will be treated as approved for purposes of this Act. Such rules shall accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators, and other open market transactions that are useful in enabling short-term purchases of greenhouse gas offsets and renewable energy credits to contribute meaningfully to the implementation of small scale offset and renewable energy generators. (d) Definitions.--For purposes of this Act: (1) Greenhouse gas offset.--The term ``greenhouse gas offset'' means the reduction in emissions of greenhouse gases that results from an action or actions undertaken for the purpose, among others, of reducing greenhouse gas emissions (including the generation of renewable energy), where: (A) such action or actions would not have occurred in the absence of the opportunity to sell an offset for the resulting reductions; (B) the party claiming credit for the reductions has acquired the exclusive legal rights to claim credit for the reductions; and (C) such exclusive legal rights can be verified and approved by the Secretary through an auditable contract path or other system established by the Secretary. (2) Greenhouse gas.--The term ``greenhouse gas'' includes carbon dioxide, methane, nitrous oxide, and fluorinated gases. (3) Renewable energy credit.--The term ``renewable energy credit'' means all of the environmental attributes associated with a single unit of energy generated by a renewable energy source where: (A) those attributes are transferred or recorded separately from that unit of energy; (B) the party claiming ownership of the credit has acquired the exclusive legal ownership of all, and not less than all, the environmental attributes associated with that unit of energy; and (C) exclusive legal ownership of the credit can be verified and approved by the Secretary through an auditable contract path or other system established by the Secretary. (4) Renewable energy.--The term ``renewable energy'' means electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. (5) Tradeable.--The term ``tradeable'' when used in connection with an offset or credit means that the offset or credit is available for purchase and sale in an open and transparent market. (e) Effective Date.--The authority of section 1 shall take effect for fiscal years after the enactment of this Act.

Carbon Neutral Government Act of 2009 - Authorizes federal agencies and legislative branch offices to purchase qualified tradeable: (1) greenhouse gas (GHG) offsets. And (2) renewable energy credits. Requires the Secretary of Energy to promulgate rules regarding approved open market transactions involving such offsets and credits. Requires such rules to accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators and other open market transactions that help enable short-term purchases of offsets and credits to contribute to the implementation of such generators. Defines greenhouse gas offsets to mean a reduction in GHG emissions that results from actions that would not have occurred in the absence of the opportunity to sell an offset for the resulting reduction.

To authorize Federal agencies and legislative branch offices to purchase greenhouse gas offsets and renewable energy credits, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Carbon Neutral Government Act of 2009". <SECTION-HEADER> AUTHORIZATION TO PURCHASE OFFSETS AND CREDITS. Federal Authorities. Subject to the requirements of this Act, each executive agency and each legislative branch office is authorized to use appropriated funds to purchase either or both of the following in any open market transaction, that complies with all applicable procurement rules and regulations and is approved in accordance with subsection (c): Qualified tradeable greenhouse gas offsets. Qualified tradeable renewable energy credits. Qualification of Offsets and Credits. A tradeable greenhouse gas offset or renewable energy credit shall be treated as qualified for purposes of this section if the Secretary of Energy certifies the generator of such offset or credit. Upon the application of any person generating or planning to generate any such offsets or credits, the Secretary shall certify the generator if the Secretary determines that the generator meets, or will, upon implementation, meet, such requirements as the Secretary deems necessary, under rules promulgated by the Secretary, to ensure that the offsets or credits generated will represent the reduction of greenhouse gases as specified or estimated in the offset or in the generation of the amount of renewable energy which the credit represents or is estimated to represent . A reduction in greenhouse gases that the Secretary determines would have occurred in the absence of the opportunity to sell an offset for such reduction shall not be treated as a qualified offset for purposes of this Act. Approval of Open Market Transactions. The Secretary of Energy shall promulgate rules, after notice and opportunity for comment, regarding the open market transactions that will be treated as approved for purposes of this Act. Such rules shall accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators, and other open market transactions that are useful in enabling short-term purchases of greenhouse gas offsets and renewable energy credits to contribute meaningfully to the implementation of small scale offset and renewable energy generators. Definitions. For purposes of this Act: Greenhouse gas offset. The term "greenhouse gas offset" means the reduction in emissions of greenhouse gases that results from an action or actions undertaken for the purpose, among others, of reducing greenhouse gas emissions , where: (A) such action or actions would not have occurred in the absence of the opportunity to sell an offset for the resulting reductions. (B) the party claiming credit for the reductions has acquired the exclusive legal rights to claim credit for the reductions. And such exclusive legal rights can be verified and approved by the Secretary through an auditable contract path or other system established by the Secretary. Greenhouse gas. The term "greenhouse gas" includes carbon dioxide, methane, nitrous oxide, and fluorinated gases. Renewable energy credit. The term "renewable energy credit" means all of the environmental attributes associated with a single unit of energy generated by a renewable energy source where: (A) those attributes are transferred or recorded separately from that unit of energy. (B) the party claiming ownership of the credit has acquired the exclusive legal ownership of all, and not less than all, the environmental attributes associated with that unit of energy. And (C) exclusive legal ownership of the credit can be verified and approved by the Secretary through an auditable contract path or other system established by the Secretary. Renewable energy. The term "renewable energy" means electric energy generated from solar, wind, biomass, landfill gas, ocean , geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. Tradeable. The term "tradeable" when used in connection with an offset or credit means that the offset or credit is available for purchase and sale in an open and transparent market. Effective Date. The authority of section 1 shall take effect for fiscal years after the enactment of this Act.

Carbon Neutral Government Act of 2009 - Authorizes federal agencies and legislative branch offices to purchase qualified tradeable: (1) greenhouse gas (GHG) offsets. And (2) renewable energy credits. Requires the Secretary of Energy to promulgate rules regarding approved open market transactions involving such offsets and credits. Requires such rules to accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators and other open market transactions that help enable short-term purchases of offsets and credits to contribute to the implementation of such generators. Defines greenhouse gas offsets to mean a reduction in GHG emissions that results from actions that would not have occurred in the absence of the opportunity to sell an offset for the resulting reduction.

To authorize Federal agencies and legislative branch offices to purchase greenhouse gas offsets and renewable energy credits, and for other purposes.

112_hr6276

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Fishing, Farm, and Ranch Risk Management Act''. SEC. 2. COMMERCIAL FISHING, FARM, AND RANCH RISK MANAGEMENT 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. COMMERCIAL FISHING, FARM, AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business or commercial fishing, 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 Commercial Fishing, Farm, and Ranch Risk Management Account (hereinafter in this section referred to as the `CFFR Account'). ``(b) Limitation.--The amount which a taxpayer may pay into the CFFR Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business or commercial fishing. ``(c) Eligible Businesses.--For purposes of this section-- ``(1) Eligible farming business.--The term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(2) Commercial fishing.--The term `commercial fishing' has the meaning given such term by section 3(4) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(4)) but only if such fishing is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) CFFR Account.--For purposes of this section, the term `Commercial Fishing, Farm, and Ranch Risk Management Account' or `CFFR 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: ``(1) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(2) 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. ``(3) 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. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(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 CFFR Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 10 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (B) or (C) 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 CFFR 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 10 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any CFFR 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 9th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a CFFR 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 farming business or commercial fishing, there shall be deemed distributed from the CFFR 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 3 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business or commercial fishing. ``(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 CFFR 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 (including 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 CFFR 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 (4), by inserting ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following: ``(6) a CFFR 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 Farm Accounts.--For purposes of this section, in the case of a CFFR 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 CFFR 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: ``(7) Special rule for farm accounts.--A person for whose benefit a CFFR 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 CFFR Account by reason of the application of section 468C(f)(3)(B) to such account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following: ``(F) a CFFR Account described in section 468C(d),''. (d) Failure To Provide Reports on Farm 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 (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following: ``(D) section 468C(g) (relating to CFFR 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. Commercial fishing, farm, and ranch risk management 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.

Commercial Fishing, Farm, and Ranch Risk Management Act - Amends the Internal Revenue Code to establish a Commercial Fishing, Farm, and Ranch Risk Management Account to provide farmers and commercial fisherman with additional capital for investment and to protect against operating losses. Allows a tax deduction for cash contributions to a CFFR Account, limited to 20 of the taxpayer's taxable income attributable to an active farm or commercial fishing business. Imposes a 10 additional tax on amounts in a CFFR Account which are not distributed within 10 years after the establishment of such Account.

To amend the Internal Revenue Code of 1986 to provide for Commercial Fishing, Farm, and Ranch Risk Management Accounts, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Commercial Fishing, Farm, and Ranch Risk Management Act". <SECTION-HEADER> COMMERCIAL FISHING, FARM, AND RANCH RISK MANAGEMENT ACCOUNTS. In General. Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 468B the following: "Section 468C. COMMERCIAL FISHING, FARM, AND RANCH RISK MANAGEMENT ACCOUNTS. Deduction Allowed. In the case of an individual engaged in an eligible farming business or commercial fishing, 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 Commercial Fishing, Farm, and Ranch Risk Management Account . Limitation. The amount which a taxpayer may pay into the CFFR Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer which is attributable to any eligible farming business or commercial fishing. Eligible Businesses. For purposes of this section Eligible farming business. The term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. Commercial fishing. The term `commercial fishing' has the meaning given such term by section 3(4) of the Magnuson-Stevens Fishery Conservation and Management Act (16 USC. 1802(4)) but only if such fishing is not a passive activity (within the meaning of section 469(c)) of the taxpayer. CFFR Account. For purposes of this section, the term `Commercial Fishing, Farm, and Ranch Risk Management Account' or `CFFR 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: No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection for such year. 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. 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. The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. Inclusion of Amounts Distributed. In general. Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year any amount distributed from a CFFR Account of the taxpayer during such taxable year, and any deemed distribution under subsection (f)(1) , subsection (f)(2) , and subparagraph (B) or (C) of subsection (f)(3) . Exceptions. Paragraph (1)(A) shall not apply to any distribution to the extent attributable to income of the Account, and the distribution of any contribution paid during a taxable year to a CFFR 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. Special Rules. Tax on deposits in account which are not distributed within 10 years. In general. If, at the close of any taxable year, there is a nonqualified balance in any CFFR Account there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and 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 for filing the return of tax imposed by this chapter for such year . 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 9th preceding taxable year. Ordering rule. For purposes of this paragraph, distributions from a CFFR Account shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. Cessation in eligible business. At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business or commercial fishing, there shall be deemed distributed from the CFFR Account of the taxpayer an amount equal to the balance in such Account at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 3 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business or commercial fishing. Certain rules to apply. Rules similar to the following rules shall apply for purposes of this section: Section 220(f)(8) . Section 408(e)(2) . Section 408(e)(4) . Section 408(g) . Section 408(h) . Time when payments deemed made. For purposes of this section, a taxpayer shall be deemed to have made a payment to a CFFR 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 for filing the return of tax for such taxable year. Individual. For purposes of this section, the term `individual' shall not include an estate or trust. 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. Reports. The trustee of a CFFR 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.". Tax on Excess Contributions. Subsection (a) of section 4973 of such Code is amended by striking "or" at the end of paragraph (4), by inserting "or" at the end of paragraph (5), and by inserting after paragraph (5) the following: a CFFR Account (within the meaning of section 468C(d)), or". Section 4973 of such Code is amended by adding at the end the following: Excess Contributions to Farm Accounts. For purposes of this section, in the case of a CFFR 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 CFFR Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.". The section heading for section 4973 of such Code is amended to read as follows: "Section 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.". The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following: "Section 4973. Excess contributions to certain accounts, annuities, etc.". Tax on Prohibited Transactions. Subsection (c) of section 4975 of such Code is amended by adding at the end the following: Special rule for farm accounts. A person for whose benefit a CFFR 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 if, with respect to such transaction, the account ceases to be a CFFR Account by reason of the application of section 468C(f)(3)(B) to such account.". Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following: a CFFR Account described in section 468C(d),". Failure To Provide Reports on Farm Accounts. Paragraph (2) of section 6693(a) of such Code is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following: section 468C(g) ,". 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: "Section 468C. Commercial fishing, farm, and ranch risk management accounts.". Effective Date. The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Commercial Fishing, Farm, and Ranch Risk Management Act - Amends the Internal Revenue Code to establish a Commercial Fishing, Farm, and Ranch Risk Management Account to provide farmers and commercial fisherman with additional capital for investment and to protect against operating losses. Allows a tax deduction for cash contributions to a CFFR Account, limited to 20 of the taxpayer's taxable income attributable to an active farm or commercial fishing business. Imposes a 10 additional tax on amounts in a CFFR Account which are not distributed within 10 years after the establishment of such Account.

To amend the Internal Revenue Code of 1986 to provide for Commercial Fishing, Farm, and Ranch Risk Management Accounts, and for other purposes.

113_s2710

SECTION 1. SHORT TITLE. This Act may be cited as the ``Philanthropic Enterprise Act of 2014''. SEC. 2. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS. (a) In General.--Section 4943 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Exception for Certain Philanthropic Business Holdings.-- ``(1) In general.--Subsection (a) shall not apply with respect to the holdings of a private foundation in any business enterprise which for the taxable year meets-- ``(A) the exclusive ownership requirements of paragraph (2), ``(B) the all profits to charity requirement of paragraph (3), and ``(C) the independent operation requirements of paragraph (4). ``(2) Exclusive ownership.--The exclusive ownership requirements of this paragraph are met if-- ``(A) all ownership interests in the business enterprise are held by the private foundation at all times during the taxable year, and ``(B) all the private foundation's ownership interests in the business enterprise were acquired under the terms of a will or trust upon the death of the testator or settlor, as the case may be. ``(3) All profits to charity.-- ``(A) In general.--The all profits to charity requirement of this paragraph is met if the business enterprise, not later than 120 days after the close of the taxable year, distributes an amount equal to its net operating income for such taxable year to the private foundation. ``(B) Net operating income.--For purposes of this paragraph, the net operating income of any business enterprise for any taxable year is an amount equal to the gross income of the business enterprise for the taxable year, reduced by the sum of-- ``(i) the deductions allowed by chapter 1 for the taxable year which are directly connected with the production of such income, ``(ii) the tax imposed by chapter 1 on the business enterprise for the taxable year, and ``(iii) an amount for a reasonable reserve for working capital and other business needs of the business enterprise. ``(4) Independent operation.--The independent operation requirements of this paragraph are met if, at all times during the taxable year-- ``(A) no substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, or family member of such a contributor (determined under section 4958(f)(4)) is a director, officer, trustee, manager, employee, or contractor of the business enterprise (or an individual having powers or responsibilities similar to any of the foregoing), ``(B) at least a majority of the board of directors of the private foundation are not-- ``(i) also directors or officers of the business enterprise, or ``(ii) members of the family (determined under section 4958(f)(4)) of a substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, and ``(C) there is no loan outstanding from the business enterprise to a substantial contributor (as so defined) to the private foundation or a family member of such contributor (as so determined). ``(5) Certain deemed private foundations excluded.--This subsection shall not apply to-- ``(A) any fund or organization treated as a private foundation for purposes of this section by reason of subsection (e) or (f), ``(B) any trust described in section 4947(a)(1) (relating to charitable trusts), and ``(C) any trust described in section 4947(a)(2) (relating to split-interest trusts).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 3. EXCEPTION TO UNRELATED BUSINESS TAX ON SPECIFIED PAYMENTS FROM CERTAIN CONTROLLED ENTITIES. (a) In General.--Paragraph (13) of section 512(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Subparagraph not to apply to payments from certain philanthropic controlled entities.-- Subparagraph (A) shall not apply to any payment not in excess of fair market value to a private foundation from an entity which is a business enterprise described in section 4943(g)(1) with respect to such foundation.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Philanthropic Enterprise Act of 2014 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution ofnbsp. Net operating income for the charitable purpose , and independent operation from the excise taxes on excess business holdings and unrelated business income.

Philanthropic Enterprise Act of 2014

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Philanthropic Enterprise Act of 2014". <SECTION-HEADER> EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS. In General. Section 4943 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: Exception for Certain Philanthropic Business Holdings. In general. Subsection (a) shall not apply with respect to the holdings of a private foundation in any business enterprise which for the taxable year meets the exclusive ownership requirements of paragraph (2), the all profits to charity requirement of paragraph (3), and the independent operation requirements of paragraph (4). Exclusive ownership. The exclusive ownership requirements of this paragraph are met if all ownership interests in the business enterprise are held by the private foundation at all times during the taxable year, and all the private foundation's ownership interests in the business enterprise were acquired under the terms of a will or trust upon the death of the testator or settlor, as the case may be. All profits to charity. In general. The all profits to charity requirement of this paragraph is met if the business enterprise, not later than 120 days after the close of the taxable year, distributes an amount equal to its net operating income for such taxable year to the private foundation. Net operating income. For purposes of this paragraph, the net operating income of any business enterprise for any taxable year is an amount equal to the gross income of the business enterprise for the taxable year, reduced by the sum of the deductions allowed by chapter 1 for the taxable year which are directly connected with the production of such income, the tax imposed by chapter 1 on the business enterprise for the taxable year, and an amount for a reasonable reserve for working capital and other business needs of the business enterprise. Independent operation. The independent operation requirements of this paragraph are met if, at all times during the taxable year no substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, or family member of such a contributor (determined under section 4958(f)(4)) is a director, officer, trustee, manager, employee, or contractor of the business enterprise , at least a majority of the board of directors of the private foundation are not also directors or officers of the business enterprise, or members of the family (determined under section 4958(f)(4)) of a substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, and there is no loan outstanding from the business enterprise to a substantial contributor to the private foundation or a family member of such contributor . Certain deemed private foundations excluded. This subsection shall not apply to any fund or organization treated as a private foundation for purposes of this section by reason of subsection (e) or (f), any trust described in section 4947(a)(1) , and any trust described in section 4947(a)(2) .". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2013. <SECTION-HEADER> EXCEPTION TO UNRELATED BUSINESS TAX ON SPECIFIED PAYMENTS FROM CERTAIN CONTROLLED ENTITIES. In General. Paragraph (13) of section 512(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: Subparagraph not to apply to payments from certain philanthropic controlled entities. Subparagraph (A) shall not apply to any payment not in excess of fair market value to a private foundation from an entity which is a business enterprise described in section 4943(g)(1) with respect to such foundation.". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Philanthropic Enterprise Act of 2014 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution ofnbsp. Net operating income for the charitable purpose , and independent operation from the excise taxes on excess business holdings and unrelated business income.

Philanthropic Enterprise Act of 2014

107_hr187

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Communities Assistance Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) small communities are concerned about improving the environmental quality of their surroundings; (2) many small communities are uncertain of the specific requirements of environmental regulations; (3) the involvement of small communities in the development of Federal environmental regulations often occurs late, if at all, in the rulemaking process; (4) small communities are often underrepresented in processes used to review regulations proposed by the Environmental Protection Agency; (5) the limited scientific, technical, and professional capacity of many small communities makes understanding regulatory requirements very difficult; (6) specific provisions in certain environmental laws pose compliance problems for small communities; and (7) the Small Town Environmental Planning Task Force, established by section 109 of the Federal Facility Compliance Act of 1992 (42 U.S.C. 6908) to examine the relationship between the Environmental Protection Agency and small communities, recommends additional efforts to improve the services offered by the Environmental Protection Agency to small communities. SEC. 3. PURPOSE. The purpose of this Act is to foster a healthy environment in which people in small communities may enjoy a sustainable and continually improving quality of life. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory committee.--The term ``advisory committee'' means the small community advisory committee established under section 5. (3) Agency.--The term ``Agency'' means the Environmental Protection Agency. (4) Small community.--The term ``small community'' means any county, parish, borough, or incorporated or unincorporated municipality, that has a population of fewer than 7,500 persons. SEC. 5. SMALL COMMUNITY ADVISORY COMMITTEE. (a) Establishment.--The Administrator shall establish a small community advisory committee or reconstitute an existing small community advisory committee. (b) Membership.--The advisory committee shall be composed of representatives of-- (1) small communities and unincorporated areas of the United States, including at least 1 small community member from each of the 10 Agency regions; (2) Federal and State governmental agencies; and (3) public interest groups. (c) Duties.--The advisory committee shall-- (1) identify means to improve the working relationship between the Agency and small communities; (2) serve as a mechanism for involving small communities as early as practicable in the process of developing environmental regulations, guidance, and policies; (3) provide periodic reports to Congress on the Agency's success in meeting the needs of small communities; and (4) provide such other assistance to the Administrator as the Administrator considers appropriate. SEC. 6. REGULATORY REVIEW PLAN. The Administrator shall develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under chapter 6 of title 5, United States Code (commonly known as the ``Regulatory Flexibility Act of 1980''), the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104- 121; 5 U.S.C. 601 note), and title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 et seq.). SEC. 7. REGIONAL OUTREACH TO SMALL COMMUNITIES. (a) Small Town Ombudsman Office.-- (1) Establishment.--To complement work on small communities at Agency headquarters, each regional office of the Agency shall establish and staff a Small Town Ombudsman Office. (2) Duties.--The primary responsibility of each regional Small Town Ombudsman Office shall be to serve as-- (A) an advocate for small communities; and (B) a facilitator for addressing small community concerns and programs. (3) Resources.--Using funds that are otherwise available to the Agency, the Administrator shall provide the regional Small Town Ombudsman Offices with such human and capital resources as are sufficient for the offices to carry out their functions in a timely and efficient manner. (b) Consultation Process.--Each regional Small Town Ombudsman Office shall establish a regular, on-going consultation process with small communities in the region, such as by use of a focus group, stake holder network, or advisory board, to-- (1) serve as a mechanism for involving small communities in the process of implementing, creating, and informing the public about environmental regulations, guidance, and policies; and (2) provide such other assistance as the regional office considers appropriate. SEC. 8. SURVEY OF SMALL COMMUNITIES. (a) In General.--Every 5 years, each regional Small Town Ombudsman Office shall-- (1) conduct a survey of small communities; and (2) publish the results of the survey. (b) Purpose.--The purpose of the survey shall be to provide information to the Agency and others for use in regulatory planning, development, and outreach. (c) Information.--The survey shall collect information on-- (1) information sources used by small communities to learn of and implement environmental regulations; (2) the presence of facilities and activities affecting environmental quality in small communities; (3) the financial instruments used by small communities to fund the costs of environmentally related services; (4) persons in small communities that may be contacted for information on environmental compliance; (5) specific topic areas of regulation particularly relevant to small communities; (6) innovative examples of how small communities have complied with national, State, and local environmental regulations in order to protect environmental and public health; and (7) any other topic that the Administrator considers appropriate. SEC. 9. GUIDE FOR SMALL COMMUNITIES. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Administrator shall produce and distribute to small communities a guide to Federal environmental requirements for small communities. (b) Contents.--The guide shall-- (1) describe all mandated environmental requirements applicable to small communities; and (2) provide Federal, regional, and State contacts for all such environmental requirements. (c) Updating.--Not less frequently than annually, the Administrator shall-- (1) review and update any parts of the guide that pertain to requirements that have changed; and (2) distribute guide amendments to small communities. SEC. 10. FEEDBACK PLAN. The Administrator shall develop and implement a plan for periodically obtaining feedback from small communities on the effectiveness of the Agency in-- (1) involving small communities in regulatory development and implementation; and (2) reaching out to small communities to provide educational and other assistance. SEC. 11. NO IMPOSITION OF COSTS ON SMALL COMMUNITIES. The Administrator shall not impose on any small community any cost incurred in carrying out this Act. SEC. 12. REPORT. Not later than the date that is 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the regulatory review plan developed under section 6, the feedback plan developed under section 10, and other activities conducted in carrying out this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $5,000,000.

Small Communities Assistance Act of 2001 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a small community advisory committee or reconstitute an existing small community advisory committee. Directs the Administrator to develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under the Regulatory Flexibility Act of 1980, the Small Business Regulatory Enforcement Fairness Act of 1996, and title II of the Unfunded Mandates Reform Act of 1995. Directs each EPA regional office to establish a Small Town Ombudsman Office. Requires the Administrator to distribute to small communities a guide to Federal environmental requirements for small communities.

To enhance the services provided by the Environmental Protection Agency to small communities that are attempting to comply with national, State, and local environmental regulations.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Small Communities Assistance Act of 2001". <SECTION-HEADER> FINDINGS. Congress finds that small communities are concerned about improving the environmental quality of their surroundings. Many small communities are uncertain of the specific requirements of environmental regulations. The involvement of small communities in the development of Federal environmental regulations often occurs late, if at all, in the rulemaking process. Small communities are often underrepresented in processes used to review regulations proposed by the Environmental Protection Agency. The limited scientific, technical, and professional capacity of many small communities makes understanding regulatory requirements very difficult. Specific provisions in certain environmental laws pose compliance problems for small communities. And the Small Town Environmental Planning Task Force, established by section 109 of the Federal Facility Compliance Act of 1992 to examine the relationship between the Environmental Protection Agency and small communities, recommends additional efforts to improve the services offered by the Environmental Protection Agency to small communities. <SECTION-HEADER> PURPOSE. The purpose of this Act is to foster a healthy environment in which people in small communities may enjoy a sustainable and continually improving quality of life. <SECTION-HEADER> DEFINITIONS. In this Act: Administrator. The term "Administrator" means the Administrator of the Environmental Protection Agency. Advisory committee. The term "advisory committee" means the small community advisory committee established under section 5. Agency. The term "Agency" means the Environmental Protection Agency. Small community. The term "small community" means any county, parish, borough, or incorporated or unincorporated municipality, that has a population of fewer than 7,500 persons. <SECTION-HEADER> SMALL COMMUNITY ADVISORY COMMITTEE. Establishment. The Administrator shall establish a small community advisory committee or reconstitute an existing small community advisory committee. Membership. The advisory committee shall be composed of representatives of small communities and unincorporated areas of the United States, including at least 1 small community member from each of the 10 Agency regions, Federal and State governmental agencies. And public interest groups. Duties. The advisory committee shall identify means to improve the working relationship between the Agency and small communities. Serve as a mechanism for involving small communities as early as practicable in the process of developing environmental regulations, guidance, and policies. Provide periodic reports to Congress on the Agency's success in meeting the needs of small communities. And provide such other assistance to the Administrator as the Administrator considers appropriate. <SECTION-HEADER> REGULATORY REVIEW PLAN. The Administrator shall develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under chapter 6 of title 5, United States Code , the Small Business Regulatory Enforcement Fairness Act of 1996 , and title II of the Unfunded Mandates Reform Act of 1995 . <SECTION-HEADER> REGIONAL OUTREACH TO SMALL COMMUNITIES. Small Town Ombudsman Office. Establishment. To complement work on small communities at Agency headquarters, each regional office of the Agency shall establish and staff a Small Town Ombudsman Office. Duties. The primary responsibility of each regional Small Town Ombudsman Office shall be to serve as an advocate for small communities. And a facilitator for addressing small community concerns and programs. Resources. Using funds that are otherwise available to the Agency, the Administrator shall provide the regional Small Town Ombudsman Offices with such human and capital resources as are sufficient for the offices to carry out their functions in a timely and efficient manner. Consultation Process. Each regional Small Town Ombudsman Office shall establish a regular, on-going consultation process with small communities in the region, such as by use of a focus group, stake holder network, or advisory board, to serve as a mechanism for involving small communities in the process of implementing, creating, and informing the public about environmental regulations, guidance, and policies. And provide such other assistance as the regional office considers appropriate. <SECTION-HEADER> SURVEY OF SMALL COMMUNITIES. In General. Every 5 years, each regional Small Town Ombudsman Office shall conduct a survey of small communities. And publish the results of the survey. Purpose. The purpose of the survey shall be to provide information to the Agency and others for use in regulatory planning, development, and outreach. Information. The survey shall collect information on information sources used by small communities to learn of and implement environmental regulations. The presence of facilities and activities affecting environmental quality in small communities. The financial instruments used by small communities to fund the costs of environmentally related services. Persons in small communities that may be contacted for information on environmental compliance, specific topic areas of regulation particularly relevant to small communities. Innovative examples of how small communities have complied with national, State, and local environmental regulations in order to protect environmental and public health. And any other topic that the Administrator considers appropriate. <SECTION-HEADER> GUIDE FOR SMALL COMMUNITIES. In General. Not later than 6 months after the date of enactment of this Act, the Administrator shall produce and distribute to small communities a guide to Federal environmental requirements for small communities. Contents. The guide shall describe all mandated environmental requirements applicable to small communities. And provide Federal, regional, and State contacts for all such environmental requirements. Updating. Not less frequently than annually, the Administrator shall review and update any parts of the guide that pertain to requirements that have changed. And distribute guide amendments to small communities. <SECTION-HEADER> FEEDBACK PLAN. The Administrator shall develop and implement a plan for periodically obtaining feedback from small communities on the effectiveness of the Agency in involving small communities in regulatory development and implementation. And reaching out to small communities to provide educational and other assistance. <SECTION-HEADER> NO IMPOSITION OF COSTS ON SMALL COMMUNITIES. The Administrator shall not impose on any small community any cost incurred in carrying out this Act. <SECTION-HEADER> REPORT. Not later than the date that is 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the regulatory review plan developed under section 6, the feedback plan developed under section 10, and other activities conducted in carrying out this Act. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $5,000,000.

Small Communities Assistance Act of 2001 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a small community advisory committee or reconstitute an existing small community advisory committee. Directs the Administrator to develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under the Regulatory Flexibility Act of 1980, the Small Business Regulatory Enforcement Fairness Act of 1996, and title II of the Unfunded Mandates Reform Act of 1995. Directs each EPA regional office to establish a Small Town Ombudsman Office. Requires the Administrator to distribute to small communities a guide to Federal environmental requirements for small communities.

To enhance the services provided by the Environmental Protection Agency to small communities that are attempting to comply with national, State, and local environmental regulations.

105_hr908

SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (hereinafter referred to as the ``Commission''). (b) Functions.--The functions of the Commission shall be to-- (1) study the present division of the United States into the several judicial circuits; (2) study the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (3) report to the President and the Congress its recommendations for such changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process. SEC. 2. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 10 members appointed as follows: (1) One member appointed by the President of the United States. (2) One member appointed by the Chief Justice of the United States. (3) Two members appointed by the Majority Leader of the Senate. (4) Two members appointed by the Minority Leader of the Senate. (5) Two members appointed by the Speaker of the House of Representatives. (6) Two members appointed by the Minority Leader of the House of Representatives. (b) Appointment.--The members of the Commission shall be appointed within 60 days after the date of the enactment of this Act. (c) Vacancy.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (d) Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (e) Quorum.--Six members of the Commission shall constitute a quorum, but three may conduct hearings. SEC. 3. COMPENSATION. (a) In General.--Members of the Commission who are officers, or full-time employees, of the United States shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. (b) Private Members.--Members of the Commission from private life shall receive $200 for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. SEC. 4. PERSONNEL. (a) Executive Director.--The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The Executive Director, with the approval of the Commission, may appoint and fix the compensation of such additional personnel as the Executive Director determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subsection shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. (c) Experts and Consultants.--The Executive Director may procure personal services of experts and consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code. (d) Services.--The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, to the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services to the Commission on a reimbursable basis. SEC. 5. INFORMATION. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance the Commission determines necessary to carry out its functions under this Act. Each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission. SEC. 6. REPORT. No later than 18 months following the date on which its sixth member is appointed in accordance with section 2(b), the Commission shall submit its report to the President and the Congress. The Commission shall terminate 90 days after the date of the submission of its report. SEC. 7. CONGRESSIONAL CONSIDERATION. No later than 60 days after the submission of the report, the Committees on the Judiciary of the House of Representatives and the Senate shall act on the report. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums, not to exceed $900,000, as may be necessary to carry out the purposes of this Act. Such sums as are appropriated shall remain available until expended. Passed the House of Representatives June 3, 1997. Attest: ROBIN H. CARLE, Clerk.

Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit. And (2) report to the President and the Congress no later than 18 months after the sixth of its ten members is appointed on its recommended changes in circuit boundaries or structure to expedite and effectively dispose of the caseload of the Federal Courts of Appeals. Directs the House and Senate Judiciary Committees to act on the report within 60 days of its transmission. Authorizes appropriations.

To establish a Commission on Structural Alternatives for the Federal Courts of Appeals.

<SECTION-HEADER> ESTABLISHMENT AND FUNCTIONS OF COMMISSION. Establishment. There is established a Commission on Structural Alternatives for the Federal Courts of Appeals . Functions. The functions of the Commission shall be to study the present division of the United States into the several judicial circuits. Study the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit. And report to the President and the Congress its recommendations for such changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process. <SECTION-HEADER> MEMBERSHIP. Composition. The Commission shall be composed of 10 members appointed as follows: One member appointed by the President of the United States. One member appointed by the Chief Justice of the United States. Two members appointed by the Majority Leader of the Senate. Two members appointed by the Minority Leader of the Senate. Two members appointed by the Speaker of the House of Representatives. Two members appointed by the Minority Leader of the House of Representatives. Appointment. The members of the Commission shall be appointed within 60 days after the date of the enactment of this Act. Vacancy. Any vacancy in the Commission shall be filled in the same manner as the original appointment. Chair. The Commission shall elect a Chair and Vice Chair from among its members. Quorum. Six members of the Commission shall constitute a quorum, but three may conduct hearings. <SECTION-HEADER> COMPENSATION. In General. Members of the Commission who are officers, or full-time employees, of the United States shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. Private Members. Members of the Commission from private life shall receive $200 for each day during which the member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. <SECTION-HEADER> PERSONNEL. Executive Director. The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. Staff. The Executive Director, with the approval of the Commission, may appoint and fix the compensation of such additional personnel as the Executive Director determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subsection shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. Experts and Consultants. The Executive Director may procure personal services of experts and consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code. Services. The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, to the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services to the Commission on a reimbursable basis. <SECTION-HEADER> INFORMATION. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance the Commission determines necessary to carry out its functions under this Act. Each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission. <SECTION-HEADER> REPORT. No later than 18 months following the date on which its sixth member is appointed in accordance with section 2(b), the Commission shall submit its report to the President and the Congress. The Commission shall terminate 90 days after the date of the submission of its report. <SECTION-HEADER> CONGRESSIONAL CONSIDERATION. No later than 60 days after the submission of the report, the Committees on the Judiciary of the House of Representatives and the Senate shall act on the report. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums, not to exceed $900,000, as may be necessary to carry out the purposes of this Act. Such sums as are appropriated shall remain available until expended. Passed the House of Representatives June 3, 1997. Attest: ROBIN H. CARLE, Clerk.

Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit. And (2) report to the President and the Congress no later than 18 months after the sixth of its ten members is appointed on its recommended changes in circuit boundaries or structure to expedite and effectively dispose of the caseload of the Federal Courts of Appeals. Directs the House and Senate Judiciary Committees to act on the report within 60 days of its transmission. Authorizes appropriations.

To establish a Commission on Structural Alternatives for the Federal Courts of Appeals.

104_hr2618

SECTION 1. DEFINITIONS. Section 102(16) of the Controlled Substances Act is amended by adding at the end thereof the following new sentence: ``Such term also does not include tetrahydrocannabinols not derived, extracted, or prepared from plant Cannabis sativa L.''. SEC. 2. AUTHORIZING THE MEDICAL PRESCRIPTION OF MARIHUANA. (a) Schedule I Amendment.--Paragraph (c) of schedule I of section 202(c) of the Controlled Substances Act is amended-- (1) by striking out subparagraph (10); (2) by redesignating subparagraphs (11) through (17) as subparagraphs (10) through (16), respectively; and (3) by amending subparagraph (16) (as so redesignated) to read as follows: ``(16) Tetrahydrocannabinols not derived, manufactured, or prepared from the plant Cannabis sativa L.''. (b) Schedule II Amendment.--Paragraph (a) of schedule II of section 202(c) of the Controlled Substances Act is amended by adding at the end thereof the following new subparagraph: ``(5) Marihuana.''. SEC. 3. PRODUCTION AND DISTRIBUTION OF MEDICINAL MARIHUANA. (a) Rulemaking.--Section 301 of the Controlled Substances Act is amended by adding at the end thereof the following: ``, except that rules and regulations specifically relating to the regulation and control of the production, distribution, and dispensing of marihuana to sections 312 and 313 shall be promulgated by the Secretary.''. (b) Production and Distribution.--Part C of the Controlled Substances Act is amended by adding at the end the following: ``office for the supply of internationally controlled drugs ``Sec. 311. (a) There is established in the Department of Health and Human Services an office to be known as the Office for the Supply of Internationally Controlled Drugs (hereinafter referred to in this section and sections 312 and 313 as the `Office'). The Office shall be responsible for regulating, administering, and supervising the domestic production of marihuana and, in accordance with section 313, for the distribution of marihuana for medical, scientific, and research purposes. ``(b) The Office shall be under the direction of a Chief Officer who shall be appointed by the Secretary. The Secretary is authorized to delegate his powers and responsibilities under sections 312 and 313 to the Chief Officer. ``production of medicinal marihuana ``Sec. 312. (a) The Secretary shall take all necessary actions to secure and maintain a supply of marihuana adequate for the legitimate medical, research, scientific, and export needs of the United States. The Secretary shall determine the total quantity of marihuana to be produced each calendar year to provide for the estimated medical, scientific, and research needs of the United States, for the establishment of reserve stocks, and for any lawful export requirements established by the Attorney General under section 1003. Based on the determination under the preceding sentence, the Secretary shall recommend to the Attorney General the aggregate production quotas that must be established for marihuana under section 306(a). The recommendations of the Secretary concerning aggregate production quotas for marihuana shall be binding on the Attorney General. ``(b)(1) In order to maintain an adequate supply of marihuana, the Secretary shall periodically publish notices soliciting bids on a contract or contracts for the domestic cultivation and delivery of marihuana. All bids submitted must specify the areas in which, and the land on which, cultivation of marihuana will be conducted. All bids submitted must be accompanied by an application for registration under section 302. ``(2) The Secretary shall forward a copy of the registration application to the Attorney General. The Secretary, after consultation with the Attorney General, shall recommend to the Attorney General that the application for registration be granted or denied, taking into account the factors set forth in section 303(a). The recommendations of the Secretary concerning the registration of applicants to produce marihuana shall be binding on the Attorney General. ``(3) The Secretary may accept or reject any bid that is submitted by registered bidders, taking into consideration (A) the factors set forth in section 303(a), and (B) price. Marihuana may be produced only by accepted bidders, solely on the land specified in the applicants' bids. The Secretary shall provide persons whose bids have been accepted with marihuana seeds capable of germination. Such seeds shall be obtained by the Secretary from legitimate commercial producers of marihuana or, if this is not feasible, the National Institute on Drug Abuse, the Attorney General through the Drug Enforcement Administration, or the Secretary of Agriculture shall provide the Secretary with an adequate supply of seeds capable of germination. ``(c) Upon acceptance of a bid for the production of marihuana, the Secretary shall establish an individual quota for the production of marihuana for the bidder and shall recommend to the Attorney General that this quota be assigned to the bidder where required under section 306. The recommendations of the Secretary concerning individual quotas for the production of marihuana, including recommendations that such a quota be decreased or increased, shall be binding on the Attorney General. ``(d) The Secretary may revoke or suspend the acceptance of any bid for the production of marihuana prior to the expiration of the contract executed on the basis of the bid upon a finding by the Secretary (1) that the bidder has materially breached the terms of the contract relating to the maintenance of effective controls against diversion of marihuana into other than legitimate medical, scientific, and industrial channels; or (2) that any of the reasons specified in section 304(a) are applicable. Upon such revocation or suspension, the Secretary shall recommend to the Attorney General that the bidder's registration for the production of marihuana be revoked or suspended pursuant to section 304 and such recommendations by the Secretary shall be binding on the Attorney General. ``(e) Within four months of the end of the harvest of marihuana grown by registered bidders pursuant to contract with the Office, the Office or its delegate or delegates shall take physical possession of the marihuana harvested. ``(f)(1) The Secretary may, at his discretion, periodically publish notices soliciting bids on a contract or contracts for the physical collection, processing, and shipping of marihuana crops produced under contracts entered into under subsection (b) or of imported or forfeited stocks described in subsections (g) and (h). All bids submitted must be accompanied by an application for registration under section 302. ``(2) The Secretary shall forward a copy of the registration application to the Attorney General. The Secretary, after consultation with the Attorney General, shall recommend to the Attorney General that the application for registration be granted or denied, taking into account the factors set forth in section 303(b) and such recommendations of the Secretary shall be binding on the Attorney General. ``(3) The Secretary may accept or reject any bids submitted by registered bidders, taking into consideration (A) the factors set forth in section 303(b); (B) the provisions in the bid for the processing of raw marihuana into medically usable forms, including the provisions for the maintenance of controlled amounts of tetrahydrocannabinols in each dosage unit; and (C) price. ``(g) If a supply of marihuana adequate to meet domestic medical, scientific, and research needs is not obtained through contractual arrangements with domestic registered bidders, the Secretary shall declare that a state of emergency exists. The declaration by the Secretary of a state of emergency due to inadequate domestic supplies of marihuana shall have the same effect as a finding by the Attorney General of an emergency due to inadequate domestic supplies under section 1002(a)(2)(A). If no applicants are registered to import marihuana under sections 1007 and 1008 within sixty days of the date of the declaration by the Secretary that a state of emergency exists, the Secretary shall make arrangements for the direct importation by the Office of a supply of marihuana adequate for domestic medical, scientific, and research needs. ``(h) If, while a state of emergency declared under subsection (g) exists, the Secretary finds that a supply of marihuana adequate for domestic medical, scientific, and research needs cannot be obtained through importation, then the Secretary may request that the Attorney General forward to the Office forfeited stocks of marihuana that are unadulterated with other substances, pursuant to section 511(e). ``distribution of medicinal marihuana ``Sec. 313. (a) Marihuana shall be distributed only to hospitals and pharmacies that are-- ``(1) registered under section 303(f) to dispense drugs in schedule II of section 202; and ``(2) specified by ``(A) an eligible physician who plans to use marihuana in the treatment of the nausea of patients who are undergoing cancer chemotherapy or radiology or in the treatment of patients who have glaucoma, AIDS wasting syndrome, or muscle spasms from certain spastic disorders, including multiple sclerosis, paraplegia, and quadriplegia; or ``(B) a person who has obtained approval by the Secretary of an investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act for research involving the use of marihuana. ``(b) In order to be certified as a physician eligible for purposes of subsection (a)(2)(A), the physician must file a written application with the Office seeking permission to use marihuana in his practice. Such an application shall be approved or denied within thirty days of its receipt by the Office, or, where possible, within such shorter time as is deemed essential by the applicant in cases of medical emergency. If an application is not acted upon within thirty days of its receipt by the Office, it shall be deemed approved. To be approved an application must affirmatively state-- ``(1) that the applicant is a physician registered under section 303(f) to dispense controlled drugs in schedule II of section 202; ``(2) the applicant's registration number; ``(3) that the applicant will use the requested marihuana solely for the treatment of glaucoma, AIDS wasting syndrome, muscle spasms from certain spastic disorders, including multiple sclerosis, paraplegia, and quadriplegia, or the nausea associated with cancer chemotherapy or radiology; ``(4) the name of all pharmacies or hospitals registered to dispense schedule II drugs that the applicant is requesting that supplies of marihuana be sent to; ``(5) that the applicant will inform the Office of any adverse reactions by his patients to the use of marihuana; and ``(6) that prior to administration of marihuana to any patient, he will obtain from the patient a signed consent form stating that informed patient consent has been obtained. Unless the Secretary determines that an application which makes the statements required by the preceding sentence contains a misstatement of fact, the application shall be approved upon payment of a reasonable fee to cover the costs of processing the application. Approval of a physician's application may be suspended or revoked by the Secretary for good cause shown. ``(c)(1) Upon certification of a physician as eligible under subsection (b), the Secretary shall issue serially numbered marihuana order forms to all registered pharmacies or hospitals listed on the eligible physician's application form. Whenever any such form is issued to a pharmacy or hospital the Secretary shall, before delivery thereof, insert therein the name of the pharmacy or hospital, and it shall be unlawful for any other person (A) to use such form for the purpose of obtaining controlled substances; or (B) to furnish such form to any person with intent thereby to procure the distribution of such substances. ``(2) It shall be unlawful for any person to obtain by means of order forms issued under this subsection controlled substances for any purpose other than their use, distribution, dispensing, or administration in the conduct of a lawful business in such substances or in the course of his professional practice or research. ``(3) Written orders made on marihuana order forms issued under this subsection shall satisfy the requirements of section 308(a). ``(4) The preservation and availability requirements of section 308(c) apply to orders made on forms issued under this subsection. ``(d) Hospitals and pharmacies may obtain supplies of marihuana only by forwarding a written order to the Secretary on the form issued in blank in accordance with subsection (c). Upon receipt from a hospital or pharmacy of a properly completed marihuana order form requesting a supply of marihuana the Office or its delegate or delegates shall forward a supply of marihuana to the pharmacy or hospital within a reasonable time. If notified by an eligible physician that there is a medical urgency for immediate shipment, the Office or its delegate or delegates shall forward a supply of marihuana within five days of such notice, or sooner if feasible. Also, upon receipt by the Secretary of a written request of a person who has obtained approval of an investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act for research involving the use of marihuana, the Office or its delegate or delegates shall forward a supply of marihuana to the specified pharmacy or hospital licensed to dispense schedule II drugs within a reasonable time. ``(e) The Secretary is directed to set a price for marihuana that will recoup, within a reasonable time, all of the costs incurred by the Federal Government in producing, processing, and distributing marihuana. ``(f) Within six months from the date of the enactment of this section, the Secretary, after consultation with the Attorney General, shall promulgate regulations consistent with public health and safety that are in accord with the provisions of this title to ensure an adequate supply of medically usable marihuana and to ensure proper safeguards regarding the production, storage, processing, distribution, and dispensing of marihuana so as to prevent its diversion into other than legitimate medical, scientific, or research channels.''. (c) Penalty.--Section 402(a) of the Controlled Substances Act is amended (1) by striking out ``or'' at the end of paragraph (9), (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof ``; or'', and (3) by adding at the end the following new paragraph: ``(11) to use an order form issued under section 313(c) in a manner prohibited by such section or to furnish such a form in violation of such section.''. SEC. 4. COMPLIANCE WITH THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505 the following: ``therapeutic use of marihuana ``Sec. 505A. (a) Notwithstanding section 505(a), the approval of the Secretary shall not be required for the introduction or delivery of marihuana into interstate commerce in compliance with the requirements of sections 312 and 313 of the Controlled Substances Act. ``(b) Marihuana is defined as a prescription drug for purposes of section 503(b). Only physicians who are eligible to obtain marihuana under section 313(b) of the Controlled Substances Act may issue written prescriptions authorizing the dispensing of marihuana under section 503(b).''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated not to exceed $5,000,000 for the fiscal year 1996, and $5,000,000 for the fiscal year 1997, for the use of the Office for the Supply of Internationally Controlled Drugs in conducting, contracting for, supervising, and administering the production, testing, processing, distribution, and dispensing of marihuana. SEC. 6. INTERIM PROVISIONS. The Secretary of Health and Human Services shall procure a supply of marihuana adequate for the scientific, medical, and research needs of the United States within 12 months after the date of the enactment of this Act. The Secretary of Health and Human Services and the Attorney General shall ensure that persons now receiving marihuana pursuant to research projects approved by the Secretary of Health and Human Services continue to receive uninterrupted supplies until the system for the processing and distribution of marihuana produced pursuant to the Controlled Substances Act is fully operational.

Amends the Controlled Substances Act (CSA) to authorize the medical prescription of marihuana, subject to regulations to be promulgated by the Secretary of Health and Human Services. Establishes in the Department of Health and Human Services the Office for the Supply of Internationally Controlled Drugs which shall be responsible for regulating, administering, and supervising the domestic production of marihuana for distribution for medical, scientific, and research purposes. Directs the Secretary to take all necessary actions to secure and maintain a supply of marihuana adequate for the legitimate medical, research, scientific, and export needs of the United States. Directs: (1) the Office or its delegates, within four months of the end of the harvest of marihuana grown by registered bidders pursuant to contract with the Office, to take physical possession of the marihuana harvested. And (2) the Secretary to declare that a state of emergency exists if a supply of marihuana adequate to meet domestic medical, scientific, and research needs is not obtained through contractual arrangements with domestic registered bidders, in which case the Secretary shall make arrangements for the direct importation by the Office of an adequate supply, subject to specified requirements. Sets forth procedures for: (1) physicians to file written applications with the Office seeking permission to use marihuana in their practices. And (2) hospitals and pharmacies to obtain supplies of marihuana. Directs the Secretary to: (1) set a price for marihuana that will recoup, within a reasonable time, all of the costs incurred by the Government in producing, processing, and distributing marihuana. And (2) promulgate regulations to ensure an adequate supply of medically usable marihuana and to ensure proper safeguards to prevent its diversion to other than legitimate channels. Sets penalties for using an order form for the distribution of medicinal marihuana in a manner prohibited under the CSA or to furnish such a form in violation of the CSA. Amends the Federal Food, Drug, and Cosmetic Act to provide that: (1) the approval of the Secretary shall not be required for the introduction or delivery of marihuana into interstate commerce in compliance with the CSA. And (2) marihuana is defined as a prescription drug for specified purposes and only physicians who are eligible to obtain marihuana under the CSA may issue written prescriptions authorizing the dispensing of marihuana. Authorizes appropriations. Sets forth interim provisions.

To provide for the therapeutic use of marihuana in situations involving life-threatening or sense-threatening illnesses and to provide adequate supplies of marihuana for such use.

<SECTION-HEADER> DEFINITIONS. Section 102(16) of the Controlled Substances Act is amended by adding at the end thereof the following new sentence: "Such term also does not include tetrahydrocannabinols not derived, extracted, or prepared from plant Cannabis sativa L.". <SECTION-HEADER> AUTHORIZING THE MEDICAL PRESCRIPTION OF MARIHUANA. Schedule I Amendment. Paragraph (c) of schedule I of section 202(c) of the Controlled Substances Act is amended by striking out subparagraph (10). By redesignating subparagraphs (11) through (17) as subparagraphs (10) through (16), respectively. And by amending subparagraph (16) to read as follows: Tetrahydrocannabinols not derived, manufactured, or prepared from the plant Cannabis sativa L.". Schedule II Amendment. Paragraph (a) of schedule II of section 202(c) of the Controlled Substances Act is amended by adding at the end thereof the following new subparagraph: Marihuana.". <SECTION-HEADER> PRODUCTION AND DISTRIBUTION OF MEDICINAL MARIHUANA. Rulemaking. Section 301 of the Controlled Substances Act is amended by adding at the end thereof the following: ", except that rules and regulations specifically relating to the regulation and control of the production, distribution, and dispensing of marihuana to sections 312 and 313 shall be promulgated by the Secretary.". Production and Distribution. Part C of the Controlled Substances Act is amended by adding at the end the following: "office for the supply of internationally controlled drugs "Section 311. (a) There is established in the Department of Health and Human Services an office to be known as the Office for the Supply of Internationally Controlled Drugs . The Office shall be responsible for regulating, administering, and supervising the domestic production of marihuana and, in accordance with section 313, for the distribution of marihuana for medical, scientific, and research purposes. The Office shall be under the direction of a Chief Officer who shall be appointed by the Secretary. The Secretary is authorized to delegate his powers and responsibilities under sections 312 and 313 to the Chief Officer. "production of medicinal marihuana "Section 312. (a) The Secretary shall take all necessary actions to secure and maintain a supply of marihuana adequate for the legitimate medical, research, scientific, and export needs of the United States. The Secretary shall determine the total quantity of marihuana to be produced each calendar year to provide for the estimated medical, scientific, and research needs of the United States, for the establishment of reserve stocks, and for any lawful export requirements established by the Attorney General under section 1003. Based on the determination under the preceding sentence, the Secretary shall recommend to the Attorney General the aggregate production quotas that must be established for marihuana under section 306(a). The recommendations of the Secretary concerning aggregate production quotas for marihuana shall be binding on the Attorney General. (1) In order to maintain an adequate supply of marihuana, the Secretary shall periodically publish notices soliciting bids on a contract or contracts for the domestic cultivation and delivery of marihuana. All bids submitted must specify the areas in which, and the land on which, cultivation of marihuana will be conducted. All bids submitted must be accompanied by an application for registration under section 302. The Secretary shall forward a copy of the registration application to the Attorney General. The Secretary, after consultation with the Attorney General, shall recommend to the Attorney General that the application for registration be granted or denied, taking into account the factors set forth in section 303(a). The recommendations of the Secretary concerning the registration of applicants to produce marihuana shall be binding on the Attorney General. The Secretary may accept or reject any bid that is submitted by registered bidders, taking into consideration (A) the factors set forth in section 303(a), and (B) price. Marihuana may be produced only by accepted bidders, solely on the land specified in the applicants' bids. The Secretary shall provide persons whose bids have been accepted with marihuana seeds capable of germination. Such seeds shall be obtained by the Secretary from legitimate commercial producers of marihuana or, if this is not feasible, the National Institute on Drug Abuse, the Attorney General through the Drug Enforcement Administration, or the Secretary of Agriculture shall provide the Secretary with an adequate supply of seeds capable of germination. Upon acceptance of a bid for the production of marihuana, the Secretary shall establish an individual quota for the production of marihuana for the bidder and shall recommend to the Attorney General that this quota be assigned to the bidder where required under section 306. The recommendations of the Secretary concerning individual quotas for the production of marihuana, including recommendations that such a quota be decreased or increased, shall be binding on the Attorney General. The Secretary may revoke or suspend the acceptance of any bid for the production of marihuana prior to the expiration of the contract executed on the basis of the bid upon a finding by the Secretary (1) that the bidder has materially breached the terms of the contract relating to the maintenance of effective controls against diversion of marihuana into other than legitimate medical, scientific, and industrial channels. Or (2) that any of the reasons specified in section 304(a) are applicable. Upon such revocation or suspension, the Secretary shall recommend to the Attorney General that the bidder's registration for the production of marihuana be revoked or suspended pursuant to section 304 and such recommendations by the Secretary shall be binding on the Attorney General. Within four months of the end of the harvest of marihuana grown by registered bidders pursuant to contract with the Office, the Office or its delegate or delegates shall take physical possession of the marihuana harvested. (1) The Secretary may, at his discretion, periodically publish notices soliciting bids on a contract or contracts for the physical collection, processing, and shipping of marihuana crops produced under contracts entered into under subsection (b) or of imported or forfeited stocks described in subsections (g) and (h). All bids submitted must be accompanied by an application for registration under section 302. The Secretary shall forward a copy of the registration application to the Attorney General. The Secretary, after consultation with the Attorney General, shall recommend to the Attorney General that the application for registration be granted or denied, taking into account the factors set forth in section 303(b) and such recommendations of the Secretary shall be binding on the Attorney General. The Secretary may accept or reject any bids submitted by registered bidders, taking into consideration (A) the factors set forth in section 303(b). (B) the provisions in the bid for the processing of raw marihuana into medically usable forms, including the provisions for the maintenance of controlled amounts of tetrahydrocannabinols in each dosage unit. And (C) price. If a supply of marihuana adequate to meet domestic medical, scientific, and research needs is not obtained through contractual arrangements with domestic registered bidders, the Secretary shall declare that a state of emergency exists. The declaration by the Secretary of a state of emergency due to inadequate domestic supplies of marihuana shall have the same effect as a finding by the Attorney General of an emergency due to inadequate domestic supplies under section 1002(a)(2)(A). If no applicants are registered to import marihuana under sections 1007 and 1008 within sixty days of the date of the declaration by the Secretary that a state of emergency exists, the Secretary shall make arrangements for the direct importation by the Office of a supply of marihuana adequate for domestic medical, scientific, and research needs. If, while a state of emergency declared under subsection (g) exists, the Secretary finds that a supply of marihuana adequate for domestic medical, scientific, and research needs cannot be obtained through importation, then the Secretary may request that the Attorney General forward to the Office forfeited stocks of marihuana that are unadulterated with other substances, pursuant to section 511(e). "distribution of medicinal marihuana "Section 313. (a) Marihuana shall be distributed only to hospitals and pharmacies that are registered under section 303(f) to dispense drugs in schedule II of section 202. And specified by an eligible physician who plans to use marihuana in the treatment of the nausea of patients who are undergoing cancer chemotherapy or radiology or in the treatment of patients who have glaucoma, AIDS wasting syndrome, or muscle spasms from certain spastic disorders, including multiple sclerosis, paraplegia, and quadriplegia. Or a person who has obtained approval by the Secretary of an investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act for research involving the use of marihuana. In order to be certified as a physician eligible for purposes of subsection (a)(2)(A), the physician must file a written application with the Office seeking permission to use marihuana in his practice. Such an application shall be approved or denied within thirty days of its receipt by the Office, or, where possible, within such shorter time as is deemed essential by the applicant in cases of medical emergency. If an application is not acted upon within thirty days of its receipt by the Office, it shall be deemed approved. To be approved an application must affirmatively state that the applicant is a physician registered under section 303(f) to dispense controlled drugs in schedule II of section 202, the applicant's registration number. That the applicant will use the requested marihuana solely for the treatment of glaucoma, AIDS wasting syndrome, muscle spasms from certain spastic disorders, including multiple sclerosis, paraplegia, and quadriplegia, or the nausea associated with cancer chemotherapy or radiology. The name of all pharmacies or hospitals registered to dispense schedule II drugs that the applicant is requesting that supplies of marihuana be sent to. That the applicant will inform the Office of any adverse reactions by his patients to the use of marihuana. And that prior to administration of marihuana to any patient, he will obtain from the patient a signed consent form stating that informed patient consent has been obtained. Unless the Secretary determines that an application which makes the statements required by the preceding sentence contains a misstatement of fact, the application shall be approved upon payment of a reasonable fee to cover the costs of processing the application. Approval of a physician's application may be suspended or revoked by the Secretary for good cause shown. (1) Upon certification of a physician as eligible under subsection (b), the Secretary shall issue serially numbered marihuana order forms to all registered pharmacies or hospitals listed on the eligible physician's application form. Whenever any such form is issued to a pharmacy or hospital the Secretary shall, before delivery thereof, insert therein the name of the pharmacy or hospital, and it shall be unlawful for any other person (A) to use such form for the purpose of obtaining controlled substances. Or (B) to furnish such form to any person with intent thereby to procure the distribution of such substances. It shall be unlawful for any person to obtain by means of order forms issued under this subsection controlled substances for any purpose other than their use, distribution, dispensing, or administration in the conduct of a lawful business in such substances or in the course of his professional practice or research. Written orders made on marihuana order forms issued under this subsection shall satisfy the requirements of section 308(a). The preservation and availability requirements of section 308(c) apply to orders made on forms issued under this subsection. Hospitals and pharmacies may obtain supplies of marihuana only by forwarding a written order to the Secretary on the form issued in blank in accordance with subsection (c). Upon receipt from a hospital or pharmacy of a properly completed marihuana order form requesting a supply of marihuana the Office or its delegate or delegates shall forward a supply of marihuana to the pharmacy or hospital within a reasonable time. If notified by an eligible physician that there is a medical urgency for immediate shipment, the Office or its delegate or delegates shall forward a supply of marihuana within five days of such notice, or sooner if feasible. Also, upon receipt by the Secretary of a written request of a person who has obtained approval of an investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act for research involving the use of marihuana, the Office or its delegate or delegates shall forward a supply of marihuana to the specified pharmacy or hospital licensed to dispense schedule II drugs within a reasonable time. The Secretary is directed to set a price for marihuana that will recoup, within a reasonable time, all of the costs incurred by the Federal Government in producing, processing, and distributing marihuana. Within six months from the date of the enactment of this section, the Secretary, after consultation with the Attorney General, shall promulgate regulations consistent with public health and safety that are in accord with the provisions of this title to ensure an adequate supply of medically usable marihuana and to ensure proper safeguards regarding the production, storage, processing, distribution, and dispensing of marihuana so as to prevent its diversion into other than legitimate medical, scientific, or research channels.". Penalty. Section 402(a) of the Controlled Substances Act is amended (1) by striking out "or" at the end of paragraph (9), (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof ". Or", and (3) by adding at the end the following new paragraph: to use an order form issued under section 313(c) in a manner prohibited by such section or to furnish such a form in violation of such section.". <SECTION-HEADER> COMPLIANCE WITH THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505 the following: "therapeutic use of marihuana "Section 505A. (a) Notwithstanding section 505(a), the approval of the Secretary shall not be required for the introduction or delivery of marihuana into interstate commerce in compliance with the requirements of sections 312 and 313 of the Controlled Substances Act. Marihuana is defined as a prescription drug for purposes of section 503(b). Only physicians who are eligible to obtain marihuana under section 313(b) of the Controlled Substances Act may issue written prescriptions authorizing the dispensing of marihuana under section 503(b).". <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated not to exceed $5,000,000 for the fiscal year 1996, and $5,000,000 for the fiscal year 1997, for the use of the Office for the Supply of Internationally Controlled Drugs in conducting, contracting for, supervising, and administering the production, testing, processing, distribution, and dispensing of marihuana. <SECTION-HEADER> INTERIM PROVISIONS. The Secretary of Health and Human Services shall procure a supply of marihuana adequate for the scientific, medical, and research needs of the United States within 12 months after the date of the enactment of this Act. The Secretary of Health and Human Services and the Attorney General shall ensure that persons now receiving marihuana pursuant to research projects approved by the Secretary of Health and Human Services continue to receive uninterrupted supplies until the system for the processing and distribution of marihuana produced pursuant to the Controlled Substances Act is fully operational.

Amends the Controlled Substances Act (CSA) to authorize the medical prescription of marihuana, subject to regulations to be promulgated by the Secretary of Health and Human Services. Establishes in the Department of Health and Human Services the Office for the Supply of Internationally Controlled Drugs which shall be responsible for regulating, administering, and supervising the domestic production of marihuana for distribution for medical, scientific, and research purposes. Directs the Secretary to take all necessary actions to secure and maintain a supply of marihuana adequate for the legitimate medical, research, scientific, and export needs of the United States. Directs: (1) the Office or its delegates, within four months of the end of the harvest of marihuana grown by registered bidders pursuant to contract with the Office, to take physical possession of the marihuana harvested. And (2) the Secretary to declare that a state of emergency exists if a supply of marihuana adequate to meet domestic medical, scientific, and research needs is not obtained through contractual arrangements with domestic registered bidders, in which case the Secretary shall make arrangements for the direct importation by the Office of an adequate supply, subject to specified requirements. Sets forth procedures for: (1) physicians to file written applications with the Office seeking permission to use marihuana in their practices. And (2) hospitals and pharmacies to obtain supplies of marihuana. Directs the Secretary to: (1) set a price for marihuana that will recoup, within a reasonable time, all of the costs incurred by the Government in producing, processing, and distributing marihuana. And (2) promulgate regulations to ensure an adequate supply of medically usable marihuana and to ensure proper safeguards to prevent its diversion to other than legitimate channels. Sets penalties for using an order form for the distribution of medicinal marihuana in a manner prohibited under the CSA or to furnish such a form in violation of the CSA. Amends the Federal Food, Drug, and Cosmetic Act to provide that: (1) the approval of the Secretary shall not be required for the introduction or delivery of marihuana into interstate commerce in compliance with the CSA. And (2) marihuana is defined as a prescription drug for specified purposes and only physicians who are eligible to obtain marihuana under the CSA may issue written prescriptions authorizing the dispensing of marihuana. Authorizes appropriations. Sets forth interim provisions.

To provide for the therapeutic use of marihuana in situations involving life-threatening or sense-threatening illnesses and to provide adequate supplies of marihuana for such use.

108_hr1595

SECTION 1. COOPERATION AND SUPPORT FOR DESIGNATED GATEWAY COMMUNITIES. (a) Short Title.--This Act may be cited as the ``Healthy Public Lands, Healthy Communities Act''. (b) Technical Assistance, Cooperation, and Training.-- (1) In general.--The Secretary of the Interior and the Secretary of Agriculture may cooperate with and may provide technical assistance to any designated gateway community where the relevant Secretary determines that the results of such cooperation and assistance are likely to benefit both the protection of resources managed by the Secretary and the community. (2) Technical assistance.--At the request of the government of a designated gateway community, the relevant Secretary may assign, on a temporary basis, an agency employee or contractor to work with the community to develop mutually compatible land use or management plans or policies for the general area. (3) Training sessions.--The Secretary of the Interior and the Secretary of Agriculture may offer training sessions for elected and appointed officials of designated 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 agency plans, decisions, and policies, including information regarding the process whereby units of local government may obtain status as cooperating agencies under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) Coordination of land use.--To the extent consistent with the laws governing the administration of the Federal public lands, and at the request of the government of a designated gateway community, the Secretary of the Interior and the Secretary of Agriculture may enter into cooperative agreements with designated gateway communities to provide for coordination between-- (A) the land use inventory, planning, and management activities for Federal lands administered by the relevant Secretary; (B) the land use inventory, planning, and management activities for lands administered by the designated gateway community; and (C) where relevant, such cooperative agreements may also include 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. (5) Interagency cooperation and coordination.--To the extent practicable and when consistent with applicable laws and regulations of each respective Federal land management agency, when the plans and activities of 2 or more Federal land management agencies are anticipated to have a significant impact on a designated gateway community, the Federal land agencies involved may consolidate and coordinate their plans and planning processes to facilitate the participation of the designated gateway community in the planning processes. (6) Authorization of appropriations.--There is authorized to be appropriated not more than $1,000,000 in any fiscal year for use by the relevant Secretary to carry out this section. (c) Grants.-- (1) Authority.--The Secretary of the Interior and the Secretary of Agriculture may make grants to designated gateway communities for the purposes described in this section. (2) Criteria.--The Secretaries shall jointly develop criteria for awarding of grants under this subsection. (3) Authorization of appropriations.--There is authorized to be appropriated not more than $1,000,000 in any fiscal year for grants under this subsection. (d) Designated Gateway Community.--For purposes of this section, the term ``designated gateway community'' means a county, city, town, village, or other subdivision of a State, or a federally recognized Indian tribe or Alaska Native village, that-- (1) is incorporated or recognized in a county or regional land use plan; (2) the Secretary of the Interior or the Secretary of Agriculture determines is significantly affected economically, socially, or environmentally by planning and management decisions regarding Federal lands administered by the relevant Secretary; and (3) has entered into a cooperative agreement with the relevant Secretary pursuant to subsection (b)(4).

Healthy Public Lands, Healthy Communities Act - Permits the Secretaries of the Interior and Agriculture to cooperate with and provide technical assistance to any designated gateway community where the results of such interaction are likely to benefit both the protection of resources managed by the Secretary and the gateway community. Defines a gateway community as a community meeting certain criteria, including that it is significantly affected economically, socially, or environmentally by planning and management decisions regarding Federal lands administered by the relevant Secretary. Allows the Secretaries to offer training sessions for officials of gateway communities to give such officials a better understanding of the methods by which they can most meaningfully participate in the development of agency plans, decisions, and policies. Permits the Secretaries to enter into agreements with gateway communities to provide for coordination of land use between the relevant Secretary and a gateway community. Authorizes both Secretaries to make grants to gateway communities for the purposes described in this Act.

To further cooperation and support among Federal land managers and designated gateway communities where the results of such cooperation and support are likely to be mutually beneficial, and for other purposes.

<SECTION-HEADER> COOPERATION AND SUPPORT FOR DESIGNATED GATEWAY COMMUNITIES. Short Title. This Act may be cited as the "Healthy Public Lands, Healthy Communities Act". Technical Assistance, Cooperation, and Training. In general. The Secretary of the Interior and the Secretary of Agriculture may cooperate with and may provide technical assistance to any designated gateway community where the relevant Secretary determines that the results of such cooperation and assistance are likely to benefit both the protection of resources managed by the Secretary and the community. Technical assistance. At the request of the government of a designated gateway community, the relevant Secretary may assign, on a temporary basis, an agency employee or contractor to work with the community to develop mutually compatible land use or management plans or policies for the general area. Training sessions. The Secretary of the Interior and the Secretary of Agriculture may offer training sessions for elected and appointed officials of designated gateway communities at which such officials can obtain a better understanding of agency planning processes. And the methods by which they can participate most meaningfully in the development of agency plans, decisions, and policies, including information regarding the process whereby units of local government may obtain status as cooperating agencies under the National Environmental Policy Act of 1969 . Coordination of land use. To the extent consistent with the laws governing the administration of the Federal public lands, and at the request of the government of a designated gateway community, the Secretary of the Interior and the Secretary of Agriculture may enter into cooperative agreements with designated gateway communities to provide for coordination between the land use inventory, planning, and management activities for Federal lands administered by the relevant Secretary. The land use inventory, planning, and management activities for lands administered by the designated gateway community. And where relevant, such cooperative agreements may also include 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. Interagency cooperation and coordination. To the extent practicable and when consistent with applicable laws and regulations of each respective Federal land management agency, when the plans and activities of 2 or more Federal land management agencies are anticipated to have a significant impact on a designated gateway community, the Federal land agencies involved may consolidate and coordinate their plans and planning processes to facilitate the participation of the designated gateway community in the planning processes. Authorization of appropriations. There is authorized to be appropriated not more than $1,000,000 in any fiscal year for use by the relevant Secretary to carry out this section. Grants. Authority. The Secretary of the Interior and the Secretary of Agriculture may make grants to designated gateway communities for the purposes described in this section. Criteria. The Secretaries shall jointly develop criteria for awarding of grants under this subsection. Authorization of appropriations. There is authorized to be appropriated not more than $1,000,000 in any fiscal year for grants under this subsection. Designated Gateway Community. For purposes of this section, the term "designated gateway community" means a county, city, town, village, or other subdivision of a State, or a federally recognized Indian tribe or Alaska Native village, that is incorporated or recognized in a county or regional land use plan. The Secretary of the Interior or the Secretary of Agriculture determines is significantly affected economically, socially, or environmentally by planning and management decisions regarding Federal lands administered by the relevant Secretary. And has entered into a cooperative agreement with the relevant Secretary pursuant to subsection (b)(4).

Healthy Public Lands, Healthy Communities Act - Permits the Secretaries of the Interior and Agriculture to cooperate with and provide technical assistance to any designated gateway community where the results of such interaction are likely to benefit both the protection of resources managed by the Secretary and the gateway community. Defines a gateway community as a community meeting certain criteria, including that it is significantly affected economically, socially, or environmentally by planning and management decisions regarding Federal lands administered by the relevant Secretary. Allows the Secretaries to offer training sessions for officials of gateway communities to give such officials a better understanding of the methods by which they can most meaningfully participate in the development of agency plans, decisions, and policies. Permits the Secretaries to enter into agreements with gateway communities to provide for coordination of land use between the relevant Secretary and a gateway community. Authorizes both Secretaries to make grants to gateway communities for the purposes described in this Act.

To further cooperation and support among Federal land managers and designated gateway communities where the results of such cooperation and support are likely to be mutually beneficial, and for other purposes.

110_hr5810

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mentor-Mentee Teen Pregnancy Reduction Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The U.S. has the highest teenage pregnancy rate of any fully industrialized country. (2) One in three girls in the U.S. becomes pregnant at least once by the age of 20. (3) Girls who become pregnant are more likely to drop out of high school, less likely to complete college, more likely to give birth to low-birth weight babies, and more likely to live in poverty. (4) The children born to teenage mothers are more likely to have learning disabilities, less likely to complete high school, and more likely to live in poverty. (5) Girls born to teenage mothers are more likely to become teenager mothers themselves; boys born to teenage mothers are more likely to end up in prison. (6) Innovative initiatives, such as increasing parental involvement and portraying the consequences of teenage pregnancy through the media, exist that can reduce the rates of teenage pregnancy and give every young person a better hope for the future. (7) Research shows that a wide variety of programs have been successful at delaying sexual activity and reducing teenage pregnancy, including efforts that engage students in community service, promote youth development, provide preventive health services, offer sex and HIV/AIDS education, and more. SEC. 3. MENTOR-MENTEE TEEN PREGNANCY REDUCTION GRANT PROGRAM. Title V of the Social Security Act is amended-- (1) in section 510(d) (42 U.S.C. 710(d)), by inserting ``and grants under section 511'' after ``under subsection (a)'' ; and (2) by adding at the end the following new section: ``mentor-mentee teen pregnancy reduction grant program ``Sec. 511. (a) From the amount appropriated in section 510(d) for a fiscal year (beginning with fiscal year 2009) which is not allotted to a State under section 510, the Secretary shall award competitive grants for the creation of school-based programs that provide mentoring to at-risk teenage girls to prevent and reduce teen pregnancy. In awarding such grants for a fiscal year, the Secretary shall give priority to programs in States that have elected not to receive an allotment under section 510 for the fiscal year. ``(b)(1) No grant may be awarded under this section except to an entity that is a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) or a community- based organization. ``(2) Funds provided under such a grant may only be used in a school-based setting for the following purposes: ``(A) To recruit, train, and support mentors. ``(B) To hire mentoring coordinators and provide professional development. ``(C) To pay for outreach materials. ``(D) To provide activities that will help in the development of a mentee, such as-- ``(i) workshops, classes, and after-school activities, which may include family life and sex education and may provide-- ``(I) information that stresses the importance of abstinence and postponing sexual involvement; ``(II) medically accurate information on the importance of contraception for those who are sexually active, on condom use, and on HIV and sexually transmitted diseases; and ``(III) information that reflects mores and values of the community involved. ``(ii) preparation for standardized examinations; ``(iii) assistance with college entrance; ``(iv) education in financial literacy; ``(v) tutoring; ``(vi) sports; ``(vii) education in health and nutrition; and ``(viii) education in the arts. ``(3) No grant may be awarded under this section unless the grantee agrees that, in carrying out the purposes described in paragraph (2), the grantee will, whenever possible, use strategies relating to family life and sex education that have been demonstrated to be effective, or that incorporate characteristics of effective programs. ``(4) No grant may be awarded under this section unless the grantee agrees that only qualified individuals will serve as mentors under this section. For the purposes of this paragraph, a `qualified individual' is an individual who-- ``(A) is a woman who has received at least a baccalaureate degree from an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))); ``(B) is mentoring no more than two mentees under this section; and ``(C) has been trained and screened by a local educational agency or community-based organization to do the following for individual mentees: ``(i) To encourage setting goals and planning for the future. ``(ii) To promote responsible behavior and help delay sexual activity. ``(iii) To provide general guidance. ``(iv) To increase participation in school. ``(5) No grant shall be made under this section unless the grantee agrees to submit to the Secretary, in accordance with the criteria of the Secretary, a report that provides information on the program conducted under this section, including outcomes and increased education and awareness about the prevention of teen pregnancy under the grant. The Secretary shall make such reports available to the public. ``(6) Grantees under this section shall expend funds received under the grant not later than 18 months after the date such funds are provided under the grant. ``(c)(1) Paragraph (3) of section 502(a) shall apply to grants under this section in the same manner as it applies to funding made available under section 502(b). ``(2) Sections 507 and 508 shall apply to grants under this section to the same extent and in the same manner as such sections apply to allotments under section 502(c). ``(3) Section 506 shall apply to grants under this section to the extent determined by the Secretary to be appropriate. ``(d) The Secretary shall, directly or through contract, provide for evaluations of programs receiving funds under grants under this section. Such an evaluation shall cover at least 6 programs and programs representing at least 10 percent of the funding provided under this section. Each such evaluation for a program shall describe-- ``(1) the activities carried out under the grant; and ``(2) the extent to which such activities were effective in changing attitudes and behavior to achieve the project strategies consistent with this section.''. SEC. 4. LOAN FORGIVENESS FOR MENTORS WHO PARTICIPATE IN TEEN PREGNANCY REDUCTION PROGRAM. (a) Program Authorized.--The Secretary of Health and Human Services is authorized, from the funds appropriated under subsection (g), to carry out a program to assume the obligation to repay a qualified loan amount (as determined under subsection (b)) for a Federal student loan, in accordance with this section, for an individual who-- (1) is a qualified individual to serve as a mentor under subsection (b)(4) of section 511 of the Social Security Act; (2) has served as a mentor for the teen pregnancy reduction grant program authorized under section 511 of the Social Security Act for not less than 200 hours in an academic year or its equivalent (as determined by the Secretary); and (3) is not in default on a loan for which the individual seeks forgiveness. (b) Qualified Loan Amount.--The amount of loan forgiveness the Secretary provides under this section-- (1) shall be equal to $2,000 for every 200 hours of service an individual serves as a mentor under section 511 of the Social Security Act in an academic year or its equivalent (as determined by the Secretary), after the date of the enactment of this section; and (2) may not exceed a total of $20,000 for an individual. (c) Priority.--In providing loan forgiveness under this section, the Secretary shall give priority to individuals who serve as mentors for programs under section 511 of the Social Security Act that are carried out by local educational agencies or community-based organizations that are located in areas with the highest rates of teen pregnancy, as determined by the Secretary. (d) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan. (e) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. (f) Definitions.--In this section: (1) Federal student loan.-- (A) In general.--Except as provided in subparagraph (B), the term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (B) Treatment of consolidation loans.--A loan amount for a loan made under section 428C or section 455(g) shall be considered a Federal student loan under this paragraph only to the extent that such loan amount was used to repay a loan made under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan for an individual who meets the requirements of subsection (a), as determined in accordance with regulations prescribed by the Secretary. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the 3 succeeding fiscal years.

Mentor-Mentee Teen Pregnancy Reduction Act of 2008 - Amends title V of the Social Security Act to direct the Secretary of Health and Human Services to award competitive grants to local educational agencies or community-based organizations for the creation of school-based programs that provide mentoring to at-risk teenage girls to prevent and reduce teen pregnancy. Requires program mentors to be women who: (1) have received at least a baccalaureate degree from an institution of higher education, (2) are mentoring no more than two program mentees. And (3) are trained and screened to encourage mentees to engage in responsible, goal-orientated behavior, delay their sexual activity, and increase their participation in school. Authorizes the Secretary to provide student loan forgiveness, under the Federal Family Education Loan, Direct Loan, or Perkins Loan programs of the Higher Education Act of 1965, to program mentors who serve for at least 200 hours in an academic year.

To amend title V of the Social Security Act to provide grants for school-based mentoring programs for at risk teenage girls to prevent and reduce teen pregnancy, and to provide student loan forgiveness for mentors participating in such programs.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Mentor-Mentee Teen Pregnancy Reduction Act of 2008". <SECTION-HEADER> FINDINGS. Congress finds the following: The US has the highest teenage pregnancy rate of any fully industrialized country. One in three girls in the US becomes pregnant at least once by the age of 20. Girls who become pregnant are more likely to drop out of high school, less likely to complete college, more likely to give birth to low-birth weight babies, and more likely to live in poverty. The children born to teenage mothers are more likely to have learning disabilities, less likely to complete high school, and more likely to live in poverty. Girls born to teenage mothers are more likely to become teenager mothers themselves. Boys born to teenage mothers are more likely to end up in prison. Innovative initiatives, such as increasing parental involvement and portraying the consequences of teenage pregnancy through the media, exist that can reduce the rates of teenage pregnancy and give every young person a better hope for the future. Research shows that a wide variety of programs have been successful at delaying sexual activity and reducing teenage pregnancy, including efforts that engage students in community service, promote youth development, provide preventive health services, offer sex and HIVAIDS education, and more. <SECTION-HEADER> MENTOR-MENTEE TEEN PREGNANCY REDUCTION GRANT PROGRAM. Title V of the Social Security Act is amended in section 510(d) (42 USC. 710(d)), by inserting "and grants under section 511" after "under subsection (a)". And by adding at the end the following new section: "mentor-mentee teen pregnancy reduction grant program "Section 511. (a) From the amount appropriated in section 510(d) for a fiscal year which is not allotted to a State under section 510, the Secretary shall award competitive grants for the creation of school-based programs that provide mentoring to at-risk teenage girls to prevent and reduce teen pregnancy. In awarding such grants for a fiscal year, the Secretary shall give priority to programs in States that have elected not to receive an allotment under section 510 for the fiscal year. (1) No grant may be awarded under this section except to an entity that is a local educational agency or a community- based organization. Funds provided under such a grant may only be used in a school-based setting for the following purposes: To recruit, train, and support mentors. To hire mentoring coordinators and provide professional development. To pay for outreach materials. To provide activities that will help in the development of a mentee, such as workshops, classes, and after-school activities, which may include family life and sex education and may provide information that stresses the importance of abstinence and postponing sexual involvement. Medically accurate information on the importance of contraception for those who are sexually active, on condom use, and on HIV and sexually transmitted diseases. And information that reflects mores and values of the community involved. preparation for standardized examinations, assistance with college entrance, education in financial literacy, tutoring, sports, education in health and nutrition. And education in the arts. No grant may be awarded under this section unless the grantee agrees that, in carrying out the purposes described in paragraph (2), the grantee will, whenever possible, use strategies relating to family life and sex education that have been demonstrated to be effective, or that incorporate characteristics of effective programs. No grant may be awarded under this section unless the grantee agrees that only qualified individuals will serve as mentors under this section. For the purposes of this paragraph, a `qualified individual' is an individual who is a woman who has received at least a baccalaureate degree from an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 (20 USC. 1002(a))), is mentoring no more than two mentees under this section. And has been trained and screened by a local educational agency or community-based organization to do the following for individual mentees: To encourage setting goals and planning for the future. To promote responsible behavior and help delay sexual activity. To provide general guidance. To increase participation in school. No grant shall be made under this section unless the grantee agrees to submit to the Secretary, in accordance with the criteria of the Secretary, a report that provides information on the program conducted under this section, including outcomes and increased education and awareness about the prevention of teen pregnancy under the grant. The Secretary shall make such reports available to the public. Grantees under this section shall expend funds received under the grant not later than 18 months after the date such funds are provided under the grant. (1) Paragraph (3) of section 502(a) shall apply to grants under this section in the same manner as it applies to funding made available under section 502(b). Sections 507 and 508 shall apply to grants under this section to the same extent and in the same manner as such sections apply to allotments under section 502(c). Section 506 shall apply to grants under this section to the extent determined by the Secretary to be appropriate. The Secretary shall, directly or through contract, provide for evaluations of programs receiving funds under grants under this section. Such an evaluation shall cover at least 6 programs and programs representing at least 10 percent of the funding provided under this section. Each such evaluation for a program shall describe the activities carried out under the grant. And the extent to which such activities were effective in changing attitudes and behavior to achieve the project strategies consistent with this section.". <SECTION-HEADER> LOAN FORGIVENESS FOR MENTORS WHO PARTICIPATE IN TEEN PREGNANCY REDUCTION PROGRAM. Program Authorized. The Secretary of Health and Human Services is authorized, from the funds appropriated under subsection (g), to carry out a program to assume the obligation to repay a qualified loan amount (as determined under subsection (b)) for a Federal student loan, in accordance with this section, for an individual who is a qualified individual to serve as a mentor under subsection (b)(4) of section 511 of the Social Security Act. Has served as a mentor for the teen pregnancy reduction grant program authorized under section 511 of the Social Security Act for not less than 200 hours in an academic year or its equivalent. And is not in default on a loan for which the individual seeks forgiveness. Qualified Loan Amount. The amount of loan forgiveness the Secretary provides under this section shall be equal to $2,000 for every 200 hours of service an individual serves as a mentor under section 511 of the Social Security Act in an academic year or its equivalent , after the date of the enactment of this section. And may not exceed a total of $20,000 for an individual. Priority. In providing loan forgiveness under this section, the Secretary shall give priority to individuals who serve as mentors for programs under section 511 of the Social Security Act that are carried out by local educational agencies or community-based organizations that are located in areas with the highest rates of teen pregnancy, as determined by the Secretary. Construction. Nothing in this section shall be construed to authorize the refunding of any repayment of a loan. Regulations. The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. Definitions. In this section: Federal student loan. In general. Except as provided in subparagraph , the term "Federal student loan" means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. Treatment of consolidation loans. A loan amount for a loan made under section 428C or section 455(g) shall be considered a Federal student loan under this paragraph only to the extent that such loan amount was used to repay a loan made under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan for an individual who meets the requirements of subsection (a), as determined in accordance with regulations prescribed by the Secretary. Secretary. The term "Secretary" means the Secretary of Health and Human Services. Authorization of Appropriations. There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the 3 succeeding fiscal years.

Mentor-Mentee Teen Pregnancy Reduction Act of 2008 - Amends title V of the Social Security Act to direct the Secretary of Health and Human Services to award competitive grants to local educational agencies or community-based organizations for the creation of school-based programs that provide mentoring to at-risk teenage girls to prevent and reduce teen pregnancy. Requires program mentors to be women who: (1) have received at least a baccalaureate degree from an institution of higher education, (2) are mentoring no more than two program mentees. And (3) are trained and screened to encourage mentees to engage in responsible, goal-orientated behavior, delay their sexual activity, and increase their participation in school. Authorizes the Secretary to provide student loan forgiveness, under the Federal Family Education Loan, Direct Loan, or Perkins Loan programs of the Higher Education Act of 1965, to program mentors who serve for at least 200 hours in an academic year.

To amend title V of the Social Security Act to provide grants for school-based mentoring programs for at risk teenage girls to prevent and reduce teen pregnancy, and to provide student loan forgiveness for mentors participating in such programs.

107_hr883

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Land Sovereignty Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The power to dispose of and make all needful rules and regulations governing lands belonging to the United States is vested in the Congress under article IV, section 3, of the Constitution. (2) Some Federal land designations made pursuant to international agreements concern land use policies and regulations for lands belonging to the United States which under article IV, section 3, of the Constitution can only be implemented through laws enacted by the Congress. (3) Some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directives or authorization from the Congress. (4) Actions by the United States in making such designations may affect the use and value of nearby or intermixed non-Federal lands. (5) The sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power. (6) Private property rights are essential for the protection of freedom. (7) Actions by the United States to designate lands belonging to the United States pursuant to international agreements in some cases conflict with congressional constitutional responsibilities and State sovereign capabilities. (8) Actions by the President in applying certain international agreements to lands owned by the United States diminishes the authority of the Congress to make rules and regulations respecting these lands. (b) Purpose.--The purposes of this Act are the following: (1) To reaffirm the power of the Congress under article IV, section 3, of the Constitution over international agreements which concern disposal, management, and use of lands belonging to the United States. (2) To protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating lands pursuant to international agreements. (3) To ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal actions designating lands pursuant to international agreements for purposes of imposing restrictions on use of those lands. (4) To protect private interests in real property from diminishment as a result of Federal actions designating lands pursuant to international agreements. (5) To provide a process under which the United States may, when desirable, designate lands pursuant to international agreements. SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (Public Law 96-515; 94 Stat. 2987) is amended-- (1) in subsection (a) in the first sentence, by-- (A) striking ``The Secretary'' and inserting ``Subject to subsections (b), (c), (d), and (e), the Secretary''; and (B) inserting ``(in this section referred to as the `Convention')'' after ``1973''; and (2) by adding at the end the following new subsections: ``(d)(1) The Secretary of the Interior may not nominate any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention, unless-- ``(A) the Secretary finds with reasonable basis that commercially viable uses of the nominated lands, and commercially viable uses of other lands located within 10 miles of the nominated lands, in existence on the date of the nomination will not be adversely affected by inclusion of the lands on the World Heritage List, and publishes that finding; ``(B) the Secretary has submitted to the Congress a report describing-- ``(i) natural resources associated with the lands referred to in subparagraph (A); and ``(ii) the impacts that inclusion of the nominated lands on the World Heritage List would have on existing and future uses of the nominated lands or other lands located within 10 miles of the nominated lands; and ``(C) the nomination is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act and after the date of publication of a finding under subparagraph (A) for the nomination. ``(2) The President may submit to the Speaker of the House of Representatives and the President of the Senate a proposal for legislation authorizing such a nomination after publication of a finding under paragraph (1)(A) for the nomination. ``(e) The Secretary of the Interior shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless-- ``(1) the Secretary has submitted to the Speaker of the House of Representatives and the President of the Senate a report describing-- ``(A) the necessity for including that property on the list; ``(B) the natural resources associated with the property; and ``(C) the impacts that inclusion of the property on the list would have on existing and future uses of the property and other property located within 10 miles of the property proposed for inclusion; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress after the date of submittal of the report required by paragraph (1). ``(f) The Secretary of the Interior shall submit an annual report on each World Heritage Site within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and of the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full time equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation on or before the date of enactment of the American Land Sovereignty Protection Act of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve-- ``(1) is specifically authorized by a law enacted after that date of enactment and before December 31, 2003; ``(2) consists solely of lands that on that date of enactment are owned by the United States; and ``(3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. ``(c) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''. SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 404. (a) No Federal official may nominate, classify, or designate any lands owned by the United States and located within the United States for a special or restricted use under any international agreement unless such nomination, classification, or designation is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such a nomination, classification, or designation. ``(b) A nomination, classification, or designation, under any international agreement, of lands owned by a State or local government shall have no force or effect unless the nomination, classification, or designation is specifically authorized by a law enacted by the State or local government, respectively. ``(c) A nomination, classification, or designation, under any international agreement, of privately owned lands shall have no force or effect without the written consent of the owner of the lands. ``(d) This section shall not apply to-- ``(1) agreements established under section 16(a) of the North American Wetlands Conservation Act (16 U.S.C. 4413); and ``(2) conventions referred to in section 3(h)(3) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)). ``(e) In this section, the term `international agreement' means any treaty, compact, executive agreement, convention, bilateral agreement, or multilateral agreement between the United States or any agency of the United States and any foreign entity or agency of any foreign entity, having a primary purpose of conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna.''. SEC. 6. CLERICAL AMENDMENT. Section 401(b) of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''.

American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List unless: (1) commercially viable uses of nominated lands and lands within ten miles will not be adversely affected. (2) the Secretary has reported to Congress on the lands' natural resources and the impact of inclusion on existing and future uses of such lands. And (3) such nomination is specifically authorized by law. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger unless the Secretary: (1) has reported to Congress on the necessity for such inclusion, the associated natural resources, and the impact of inclusion on existing and future uses of such property. And (2) is specifically authorized to assent to the inclusion by a joint resolution of Congress. Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve. Nullifies any such designation before enactment of this Act unless the Biosphere Reserve: (1) is specifically authorized by a law enacted after enactment of this Act and before December 31, 2003, (2) consists solely of federally owned lands. And (3) is subject to a management plan that ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Prohibits any Federal official from nominating, classifying, or designating any Federal land for a special or restricted use under any international conservation agreement unless specifically authorized by law. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively.

To preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "American Land Sovereignty Protection Act". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress finds the following: The power to dispose of and make all needful rules and regulations governing lands belonging to the United States is vested in the Congress under article IV, section 3, of the Constitution. Some Federal land designations made pursuant to international agreements concern land use policies and regulations for lands belonging to the United States which under article IV, section 3, of the Constitution can only be implemented through laws enacted by the Congress. Some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directives or authorization from the Congress. Actions by the United States in making such designations may affect the use and value of nearby or intermixed non-Federal lands. The sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power. Private property rights are essential for the protection of freedom. Actions by the United States to designate lands belonging to the United States pursuant to international agreements in some cases conflict with congressional constitutional responsibilities and State sovereign capabilities. Actions by the President in applying certain international agreements to lands owned by the United States diminishes the authority of the Congress to make rules and regulations respecting these lands. Purpose. The purposes of this Act are the following: To reaffirm the power of the Congress under article IV, section 3, of the Constitution over international agreements which concern disposal, management, and use of lands belonging to the United States. To protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating lands pursuant to international agreements. To ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal actions designating lands pursuant to international agreements for purposes of imposing restrictions on use of those lands. To protect private interests in real property from diminishment as a result of Federal actions designating lands pursuant to international agreements. To provide a process under which the United States may, when desirable, designate lands pursuant to international agreements. <SECTION-HEADER> CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 is amended in subsection (a) in the first sentence, by striking "The Secretary" and inserting "Subject to subsections (b), (c), (d), and (e), the Secretary", and inserting "" after "1973". And by adding at the end the following new subsections: (1) The Secretary of the Interior may not nominate any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention, unless the Secretary finds with reasonable basis that commercially viable uses of the nominated lands, and commercially viable uses of other lands located within 10 miles of the nominated lands, in existence on the date of the nomination will not be adversely affected by inclusion of the lands on the World Heritage List, and publishes that finding. The Secretary has submitted to the Congress a report describing natural resources associated with the lands referred to in subparagraph (A). And the impacts that inclusion of the nominated lands on the World Heritage List would have on existing and future uses of the nominated lands or other lands located within 10 miles of the nominated lands. And the nomination is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act and after the date of publication of a finding under subparagraph (A) for the nomination. The President may submit to the Speaker of the House of Representatives and the President of the Senate a proposal for legislation authorizing such a nomination after publication of a finding under paragraph (1)(A) for the nomination. The Secretary of the Interior shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless the Secretary has submitted to the Speaker of the House of Representatives and the President of the Senate a report describing the necessity for including that property on the list, the natural resources associated with the property. And the impacts that inclusion of the property on the list would have on existing and future uses of the property and other property located within 10 miles of the property proposed for inclusion. And the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress after the date of submittal of the report required by paragraph (1). The Secretary of the Interior shall submit an annual report on each World Heritage Site within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and of the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the site: An accounting of all money expended to manage the site. A summary of Federal full time equivalent hours related to management of the site. A list and explanation of all nongovernmental organizations that contributed to the management of the site. A summary and account of the disposition of complaints received by the Secretary related to management of the site.". <SECTION-HEADER> PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 is amended by adding at the end the following new section: "Section 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Any designation on or before the date of enactment of the American Land Sovereignty Protection Act of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve is specifically authorized by a law enacted after that date of enactment and before December 31, 2003. Consists solely of lands that on that date of enactment are owned by the United States. And is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the reserve: An accounting of all money expended to manage the reserve. A summary of Federal full time equivalent hours related to management of the reserve. A list and explanation of all nongovernmental organizations that contributed to the management of the reserve. A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.". <SECTION-HEADER> INTERNATIONAL AGREEMENTS IN GENERAL. Title IV of the National Historic Preservation Act Amendments of 1980 is further amended by adding at the end the following new section: "Section 404. (a) No Federal official may nominate, classify, or designate any lands owned by the United States and located within the United States for a special or restricted use under any international agreement unless such nomination, classification, or designation is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such a nomination, classification, or designation. A nomination, classification, or designation, under any international agreement, of lands owned by a State or local government shall have no force or effect unless the nomination, classification, or designation is specifically authorized by a law enacted by the State or local government, respectively. A nomination, classification, or designation, under any international agreement, of privately owned lands shall have no force or effect without the written consent of the owner of the lands. This section shall not apply to agreements established under section 16(a) of the North American Wetlands Conservation Act. And conventions referred to in section 3(h)(3) of the Fish and Wildlife Improvement Act of 1978 (16 USC. 712(2)). In this section, the term `international agreement' means any treaty, compact, executive agreement, convention, bilateral agreement, or multilateral agreement between the United States or any agency of the United States and any foreign entity or agency of any foreign entity, having a primary purpose of conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna.". <SECTION-HEADER> CLERICAL AMENDMENT. Section 401(b) of the National Historic Preservation Act Amendments of 1980 (16 USC. 470a-1(b)) is amended by striking "Committee on Natural Resources" and inserting "Committee on Resources".

American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List unless: (1) commercially viable uses of nominated lands and lands within ten miles will not be adversely affected. (2) the Secretary has reported to Congress on the lands' natural resources and the impact of inclusion on existing and future uses of such lands. And (3) such nomination is specifically authorized by law. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger unless the Secretary: (1) has reported to Congress on the necessity for such inclusion, the associated natural resources, and the impact of inclusion on existing and future uses of such property. And (2) is specifically authorized to assent to the inclusion by a joint resolution of Congress. Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve. Nullifies any such designation before enactment of this Act unless the Biosphere Reserve: (1) is specifically authorized by a law enacted after enactment of this Act and before December 31, 2003, (2) consists solely of federally owned lands. And (3) is subject to a management plan that ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Prohibits any Federal official from nominating, classifying, or designating any Federal land for a special or restricted use under any international conservation agreement unless specifically authorized by law. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively.

To preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands.

106_s2477

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Beneficiaries Protection Act''. SEC. 2. AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(5) of the Social Security Act (42 U.S.C. 405(j)(5)) is amended by inserting after the first sentence the following new sentence: ``In any case in which a representative payee that is an organization (regardless of whether it is a `qualified organization' within the meaning of paragraph (4)(B)) misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall certify for payment to the beneficiary or the beneficiary's alternative representative payee an amount equal to the amount of such benefit so misused. The provisions of this paragraph are subject to the limitations of paragraph (6)(B).''. (b) SSI Amendment.--Section 1631(a)(2)(E) of such Act (42 U.S.C. 1383(a)(2)(E)) is amended by inserting after the first sentence the following new sentence: ``In any case in which a representative payee that is an organization (regardless of whether it is a `qualified organization' within the meaning of paragraph (4)(B)) misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall make payment to the beneficiary or the beneficiary's alternative representative payee of an amount equal to the amount of such benefit so misused. The provisions of this subparagraph are subject to the limitations of subparagraph (F)(ii).''. (c) Effective Date.--The amendments made by this section shall apply to any case of benefit misuse by a representative payee with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 3. BONDING AND LICENSING REQUIREMENTS APPLICABLE TO NONGOVERNMENTAL ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(4)(B) of the Social Security Act (42 U.S.C. 405(j)(4)(B)) is amended by striking ``is bonded or licensed in each State in which it serves as a representative payee'' and inserting ``provides a bond that meets the requirements specified by the Commissioner of Social Security and is licensed in each State in which it serves as a representative payee (if licensing is available in such State)''. (b) SSI Amendment.--Section 1631(a)(2)(D)(ii)(I) of such Act (42 U.S.C. 1383(a)(2)(D)(ii)(I)) is amended to read as follows: ``(I) provides a bond that meets the requirements specified by the Commissioner of Social Security and is licensed in each State in which it serves as a representative payee (if licensing is available in such State); and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the thirteenth month beginning after the date of enactment of this Act. SEC. 4. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY QUALIFIED ORGANIZATIONAL REPRESENTATIVE PAYEES. (a) OASDI Amendment.--Section 205(j)(4)(A) of the Social Security Act (42 U.S.C. 405(j)(4)(A)) is amended-- (1) in clause (i), by striking ``A qualified organization'' and inserting ``Except as provided in clause (iii), a qualified organization''; and (2) by adding at the end the following new clause: ``(iii) A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization has misused all or part of the individual's benefit, and any amount collected by the qualified organization for such month shall be treated as a misused part of the individual's benefit for purposes of paragraphs (5) and (6).''. (b) SSI Amendment.--Section 1631(a)(2)(D) of such Act (42 U.S.C. 1383(a)(2)(D)) is amended-- (1) in clause (i), by striking ``A qualified organization'' and inserting ``Except as provided in clause (v), a qualified organization''; and (2) by adding at the end the following new clause: ``(v) A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization has misused all or part of the individual's benefit, and any amount collected by the qualified organization for such month shall be treated as a misused part of the individual's benefit for purposes of subparagraphs (E) and (F).''. (c) Effective Date.--The amendments made by this section shall apply to any month involving benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 5. LIABILITY OF NONGOVERNMENTAL REPRESENTATIVE PAYEES FOR MISUSED BENEFITS. (a) OASDI Amendment.--Section 205(j) of the Social Security Act (42 U.S.C. 405(j)) is amended by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and inserting after paragraph (5) the following new paragraph: ``(6)(A) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a State or local government agency has misused all or part of an individual's benefit that was paid to such representative payee under this subsection, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Subject to subparagraph (B), upon recovering all or any part of such amount, the Commissioner shall certify an amount equal to the recovered amount to such individual or the individual's alternative representative payee. ``(B) The total of the amount certified to such individual or the individual's alternative representative payee under subparagraph (A) and the amount certified under paragraph (5) shall not exceed the total benefit amount misused by the representative payee with respect to such individual.''. (b) SSI Amendment.--Section 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and inserting after subparagraph (E) the following new subparagraph: ``(F)(i) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a State or local government agency has misused all or part of an individual's benefit that was paid to such representative payee under this paragraph, the representative payee shall be liable for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Upon recovering all or any part of such amount, the Commissioner shall make payment of an amount equal to the recovered amount to such individual or the individual's alternative representative payee. ``(ii) The total of the amount paid to such individual or the individual's alternative representative payee under clause (i) and the amount paid under subparagraph (E) shall not exceed the total benefit amount misused by the representative payee with respect to such individual.''. (c) Effective Date.--The amendments made by this section shall apply to benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. SEC. 6. EXTENSION OF THE CIVIL MONETARY PENALTY AUTHORITY. (a) In General.--Section 1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)) is amended-- (1) by striking ``(A)'' and ``(B)'' and inserting ``(i)'' and ``(ii)'', respectively; (2) by striking ``(a)(1)'' and inserting `` (a)(1)(A)''; (3) by striking ``(2)'' and inserting ``(B)''; and (4) by adding at the end the following new paragraph: ``(2) Any person (including an organization, agency, or other entity (other than a State or local government agency)) who having received, while acting in the capacity as representative payee pursuant to section 205(j) or section 1631(a)(2), a payment under title II or title XVI for the use and benefit of another individual, converts such payment, or any part thereof, to a use that such person knows or should know is other than for the use and benefit of such other individual, shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each such violation.''. (b) Conforming Amendments.-- (1) Section 1129(b)(3)(A) of such Act (42 U.S.C. 1320a- 8(b)(3)(A)) is amended by striking ``charging fraud or false statements''. (2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a- 8(c)(1)) is amended by striking ``and representations'' and inserting ``, representations, or actions''. (3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 1320a- 8(e)(1)(A)) is amended by striking ``statement or representation referred to in subsection (a) was made'' and inserting ``violation occurred''. (c) Effective Date.--The amendments made by this section shall be effective with respect to violations committed after the date of enactment of this Act.

Amends SSA title XI part A to extend civil monetary penalty authority for SSA titles II and XVI with respect to representative payees who misuse and convert a payment under such titles to unauthorized uses.

Social Security Beneficiaries Protection Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Social Security Beneficiaries Protection Act". <SECTION-HEADER> AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZATIONAL REPRESENTATIVE PAYEES. OASDI Amendment. Section 205(j)(5) of the Social Security Act (42 USC. 405(j)(5)) is amended by inserting after the first sentence the following new sentence: "In any case in which a representative payee that is an organization (regardless of whether it is a `qualified organization' within the meaning of paragraph (4)(B)) misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall certify for payment to the beneficiary or the beneficiary's alternative representative payee an amount equal to the amount of such benefit so misused. The provisions of this paragraph are subject to the limitations of paragraph (B).". SSI Amendment. Section 1631(a)(2)(E) of such Act (42 USC. 1383(a)(2)(E)) is amended by inserting after the first sentence the following new sentence: "In any case in which a representative payee that is an organization (regardless of whether it is a `qualified organization' within the meaning of paragraph (4)(B)) misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall make payment to the beneficiary or the beneficiary's alternative representative payee of an amount equal to the amount of such benefit so misused. The provisions of this subparagraph are subject to the limitations of subparagraph (F)(ii).". Effective Date. The amendments made by this section shall apply to any case of benefit misuse by a representative payee with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. <SECTION-HEADER> BONDING AND LICENSING REQUIREMENTS APPLICABLE TO NONGOVERNMENTAL ORGANIZATIONAL REPRESENTATIVE PAYEES. OASDI Amendment. Section 205(j)(4)(B) of the Social Security Act (42 USC. 405(j)(4)(B)) is amended by striking "is bonded or licensed in each State in which it serves as a representative payee" and inserting "provides a bond that meets the requirements specified by the Commissioner of Social Security and is licensed in each State in which it serves as a representative payee ". SSI Amendment. Section 1631(a)(2)(D)(ii)(I) of such Act (42 USC. 1383(a)(2)(D)(ii)(I)) is amended to read as follows: provides a bond that meets the requirements specified by the Commissioner of Social Security and is licensed in each State in which it serves as a representative payee. And". Effective Date. The amendments made by this section shall take effect on the first day of the thirteenth month beginning after the date of enactment of this Act. <SECTION-HEADER> FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY QUALIFIED ORGANIZATIONAL REPRESENTATIVE PAYEES. OASDI Amendment. Section 205(j)(4)(A) of the Social Security Act (42 USC. 405(j)(4)(A)) is amended in clause (i), by striking "A qualified organization" and inserting "Except as provided in clause (iii), a qualified organization". And by adding at the end the following new clause: A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization has misused all or part of the individual's benefit, and any amount collected by the qualified organization for such month shall be treated as a misused part of the individual's benefit for purposes of paragraphs (5) and (6).". SSI Amendment. Section 1631(a)(2)(D) of such Act (42 USC. 1383(a)(2)(D)) is amended in clause (i), by striking "A qualified organization" and inserting "Except as provided in clause (v), a qualified organization". And by adding at the end the following new clause: A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization has misused all or part of the individual's benefit, and any amount collected by the qualified organization for such month shall be treated as a misused part of the individual's benefit for purposes of subparagraphs (E) and (F).". Effective Date. The amendments made by this section shall apply to any month involving benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. <SECTION-HEADER> LIABILITY OF NONGOVERNMENTAL REPRESENTATIVE PAYEES FOR MISUSED BENEFITS. OASDI Amendment. Section 205(j) of the Social Security Act (42 USC. 405(j)) is amended by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and inserting after paragraph (5) the following new paragraph: (A) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a State or local government agency has misused all or part of an individual's benefit that was paid to such representative payee under this subsection, the representative payee shall be liable for the amount misused, and such amount shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Subject to subparagraph (B), upon recovering all or any part of such amount, the Commissioner shall certify an amount equal to the recovered amount to such individual or the individual's alternative representative payee. The total of the amount certified to such individual or the individual's alternative representative payee under subparagraph (A) and the amount certified under paragraph (5) shall not exceed the total benefit amount misused by the representative payee with respect to such individual.". SSI Amendment. Section 1631(a)(2) of such Act (42 USC. 1383(a)(2)) is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and inserting after subparagraph (E) the following new subparagraph: (i) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a State or local government agency has misused all or part of an individual's benefit that was paid to such representative payee under this paragraph, the representative payee shall be liable for the amount misused, and such amount shall be treated as an overpayment of benefits under this title to the representative payee for all purposes of this Act and related laws pertaining to the recovery of such overpayments. Upon recovering all or any part of such amount, the Commissioner shall make payment of an amount equal to the recovered amount to such individual or the individual's alternative representative payee. The total of the amount paid to such individual or the individual's alternative representative payee under clause (i) and the amount paid under subparagraph (E) shall not exceed the total benefit amount misused by the representative payee with respect to such individual.". Effective Date. The amendments made by this section shall apply to benefit misuse by a representative payee in any case with respect to which the Commissioner of Social Security makes a determination of misuse after the date of enactment of this Act. <SECTION-HEADER> EXTENSION OF THE CIVIL MONETARY PENALTY AUTHORITY. In General. Section 1129(a) of the Social Security Act (42 USC. 1320a-8(a)) is amended by striking "(A)" and "(B)" and inserting "(i)" and "(ii)", respectively, by striking "(a)(1)" and inserting " (a)(1)(A)", by striking "(2)" and inserting "(B)". And by adding at the end the following new paragraph: Any person (including an organization, agency, or other entity who having received, while acting in the capacity as representative payee pursuant to section 205(j) or section 1631(a)(2), a payment under title II or title XVI for the use and benefit of another individual, converts such payment, or any part thereof, to a use that such person knows or should know is other than for the use and benefit of such other individual, shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each such violation.". Conforming Amendments. Section 1129(b)(3)(A) of such Act (42 USC. 1320a- 8(b)(3)(A)) is amended by striking "charging fraud or false statements". Section 1129(c)(1) of such Act (42 USC. 1320a- 8(c)(1)) is amended by striking "and representations" and inserting ", representations, or actions". Section 1129(e)(1)(A) of such Act (42 USC. 1320a- 8(e)(1)(A)) is amended by striking "statement or representation referred to in subsection (a) was made" and inserting "violation occurred". Effective Date. The amendments made by this section shall be effective with respect to violations committed after the date of enactment of this Act.

Amends SSA title XI part A to extend civil monetary penalty authority for SSA titles II and XVI with respect to representative payees who misuse and convert a payment under such titles to unauthorized uses.

Social Security Beneficiaries Protection Act

106_s3208

SECTION 1. SHORT TITLE. This Act be cited as the ``Internet Prescription Drug Consumer Protection Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Legitimate Internet sellers of prescription drugs can offer substantial benefits to consumers. These potential benefits include convenience, privacy, valuable information, competitive prices, and personalized services. (2) Unlawful Internet sellers of prescription drugs may dispense inappropriate, contaminated, counterfeit, or subpotent prescription drugs that could put at risk the health and safety of consumers. (3) Unlawful Internet sellers have exposed consumers to significant health risks by knowingly filling invalid prescriptions, such as prescriptions based solely on an online questionnaire, or by dispensing prescription drugs without any prescription. (4) The ease with which web sites can be created and removed and the lack of readily available information to identify Internet sellers creates significant barriers to effective law enforcement efforts against unlawful Internet sellers. (5) Consumers may have difficulty distinguishing legitimate from unlawful Internet sellers, as well as foreign from domestic Internet sellers, of prescription drugs. (6) States need additional enforcement tools to take effective action against unlawful domestic Internet sellers and the Federal agencies need additional enforcement tools to take effective action against unlawful foreign Internet sellers. (b) Purpose.--The purpose of this Act is to provide Federal and State law enforcement with adequate tools to take effective action against interstate Internet sellers of prescription drugs who illegally sell such drugs to consumers in the United States and to protect such consumers against potential harms that may result from purchasing such drugs from such sellers. SEC. 3. AMENDMENT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A the following: ``SEC. 503B. INTERNET PRESCRIPTION DRUG SALES. ``(a) Definitions.--For purposes of this section: ``(1) Consumer.--The term `consumer' means a person (other than an entity licensed or otherwise authorized under Federal or State law as a pharmacy or to dispense or distribute prescription drugs) that purchases or seeks to purchase prescription drugs through the Internet. ``(2) Home page.--The term `home page' means the entry point or main web page for an Internet site. ``(3) Internet.--The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected worldwide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio, including electronic mail. ``(4) Interstate internet seller.-- ``(A) In general.--The term `interstate Internet seller' means a person whether in the United States or abroad, that engages in, offers to engage in, or causes the delivery or sale of a prescription drug through the Internet and has such drug delivered directly to the consumer via the Postal Service, or any private or commercial interstate carrier to a consumer in the United States who is residing in a State other than the State in which the seller's place of business is located. This definition excludes a person who only delivers a prescription drug to a consumer, such as an interstate carrier service. ``(B) Exemption.--With respect to the consumer involved, the term `interstate Internet seller' does not include a person described in subparagraph (A) whose place of business is located within 75 miles of the consumer. ``(5) Link.--The term `link' means either a textual or graphical marker on a web page that, when clicked on, takes the consumer to another part of the Internet, such as to another web page or a different area on the same web page, or from an electronic message to a web page. ``(6) Pharmacy.--The term `pharmacy' means any place licensed or otherwise authorized as a pharmacy under State law. ``(7) Prescriber.--The term `prescriber' means an individual, licensed or otherwise authorized under applicable Federal and State law to issue prescriptions for prescription drugs. ``(8) Prescription drug.--The term `prescription drug' means a drug under section 503(b)(1). ``(9) Valid prescription.--The term `valid prescription' means a prescription that meets the requirements of section 503(b)(1) and other applicable Federal and State law. ``(10) Web site; site.--The terms `web site' and `site' mean a specific location on the Internet that is determined by Internet protocol numbers or by a domain name. ``(b) Requirements for Interstate Internet Sellers.-- ``(1) In general.--Each interstate Internet seller shall comply with the requirements of this subsection with respect to the sale of, or the offer to sell, prescription drugs through the Internet and shall at all times display on its web site information in accordance with paragraph (2). ``(2) Web site disclosure information.--An interstate Internet seller shall post in a visible and clear manner (as determined by regulation) on the home page of its web site, or on a page directly linked to such home page-- ``(A) the street address of the interstate Internet seller's place of business, and the telephone number of such place of business; ``(B) each State in which the interstate Internet seller is licensed or otherwise authorized as a pharmacy, or if the interstate Internet seller is not licensed or otherwise authorized by a State as a pharmacy, each State in which the interstate Internet seller is licensed or otherwise authorized to dispense prescription drugs, and the type of State license or authorization; ``(C) in the case of an interstate Internet seller that makes referrals to or solicits on behalf of a prescriber, the name of each prescriber, the street address of each such prescriber's place of business, the telephone number of such place of business, each State in which each such prescriber is licensed or otherwise authorized to prescribe prescription drugs, and the type of such license or authorization; and ``(D) a statement that the interstate Internet seller will dispense prescription drugs only upon a valid prescription. ``(3) Date of posting.--Information required to be posted under paragraph (2) shall be posted by an interstate Internet seller-- ``(A) not later than 90 days after the effective date of this section if the web site of such seller is in operation as of such date; or ``(B) on the date of the first day of operation of such seller's web site if such site goes into operation after such date. ``(4) Qualifying statements.--An interstate Internet seller shall not indicate in any manner that posting disclosure information on its web site signifies that the Federal Government has made any determination on the legitimacy of the interstate Internet seller or its business. ``(5) Disclosure to state licensing boards.--An interstate Internet seller licensed or otherwise authorized to dispense prescription drugs in accordance with applicable State law shall notify each State entity that granted such licensure or authorization that it is an interstate Internet seller, the name of its business, the Internet address of its business, the street address of its place of business, and the telephone number of such place of business. ``(6) Regulations.--The Secretary is authorized to promulgate such regulations as are necessary to carry out the provisions of this subsection. In issuing such regulations, the Secretary-- ``(A) shall take into consideration disclosure formats used by existing interstate Internet seller certification programs; and ``(B) shall in defining the term `place of business' include provisions providing that such place is a single location at which employees of the business perform job functions, and not a post office box or similar locale.''. (b) State Enforcement of Federal Law Regarding Internet Sellers of Prescription Drugs.--Chapter III of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331 et seq.) is amended by adding at the end the following: ``state proceedings regarding internet sales of prescription drugs ``Sec. 310A. (a) In General.--A State, through its attorney general, may bring in its own name, and in an appropriate district court of the United States, proceedings against an interstate Internet seller of a prescription drug for the civil enforcement, or to restrain violations of section 503B(b), or paragraph (1) or (2) of section 503(b), on behalf of consumers who reside in that State and have been or are being adversely affected by such violations. Through such proceedings, the State may with respect to such violations-- ``(1) obtain a permanent nationwide injunction; ``(2) enforce compliance; or ``(3) obtain such other relief as the court may find appropriate. ``(b) Notice to Secretary and Appropriate Federal Agencies.--A State-- ``(1) shall serve prior written notice of any civil action under subsection (a) upon the Secretary and the appropriate Federal agencies and provide to the Secretary and such agencies a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action; and ``(2) may proceed with the civil action unless another State attorney general or a Federal agency has filed a complaint against the same party for the same violations under this section prior to receiving notice and the civil action brought by the State attorney general or such agency is still ongoing or there has been a final judgment. ``(c) Rights of President.--The President shall have the right to intervene in any action brought under subsection (a), and upon so intervening, to be heard in all matters arising therein and to file notices of appeal. ``(d) Applicability of Subpoenas.--Subpoenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any proceeding under this section. ``(e) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent a State attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary or other evidence or to bring an action under the laws of such State to obtain remedies under that State's laws. ``(f) Definitions.--For purposes of this section, the terms `interstate Internet seller', `Internet', and `prescription drug' have the meanings given such terms in section 503B.''. (c) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(aa) The failure to post information required under section 503B(b)(2) or knowingly making a materially false statement when posting such information as required under such section or violating section 503B(b)(4).''. SEC. 4. PUBLIC EDUCATION. The Secretary of Health and Human Services shall engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources. The Secretary should educate the public about effective public and private sector consumer protection efforts, as appropriate, with input from the public and private sectors, as appropriate. SEC. 5. STUDY REGARDING COORDINATION OF REGULATORY ACTIVITIES. Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, after consultation with the Attorney General, shall submit to Congress a report providing recommendations for coordinating the activities of Federal agencies regarding interstate Internet sellers that operate from foreign countries and for coordinating the activities of the Federal Government with the activities of governments of foreign countries regarding such interstate Internet sellers. SEC. 6. CIVIL ACTIONS REGARDING PROPERTY. Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following subsection: ``(i)(1) If a person is alienating or disposing of property, or intends to alienate or dispose of property which is obtained as a result of or is traceable to a violation by an interstate Internet seller of paragraph (1) or (2) of section 503(b), the President may commence a civil action in any Federal court-- ``(A) to enjoin such alienation or disposition of property; or ``(B) for a restraining order to-- ``(i) prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any such property or property of equivalent value; and ``(ii) appoint a temporary receiver to administer such restraining order. ``(2) Proceedings under paragraph (1) shall be carried out in the same manner as apply under section 1345 of title 18, United States Code.''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect 6 months after the date of enactment of this Act, except that the authority of the Secretary of Health and Human Services to commence the process of rulemaking is effective on the date of enactment of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act such sums as may be necessary.

Authorizes each State to bring proceedings against an Internet seller on behalf of affected consumers . Allows the President to intervene in such actions. Directs the Secretary to: (1) engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources. And (2) recommend to Congress the coordination of activities of Federal agencies regarding Internet sellers that operate from foreign countries with the activities of such foreign governments. Authorizes the President to initiate a civil action to enjoin or restrain the alienation or disposal of property obtained as a result of, or traceable to, a violation of this Act. Authorizes appropriations.

Internet Prescription Drug Consumer Protection Act of 2000

<SECTION-HEADER> SHORT TITLE. This Act be cited as the "Internet Prescription Drug Consumer Protection Act of 2000". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress makes the following findings: Legitimate Internet sellers of prescription drugs can offer substantial benefits to consumers. These potential benefits include convenience, privacy, valuable information, competitive prices, and personalized services. Unlawful Internet sellers of prescription drugs may dispense inappropriate, contaminated, counterfeit, or subpotent prescription drugs that could put at risk the health and safety of consumers. Unlawful Internet sellers have exposed consumers to significant health risks by knowingly filling invalid prescriptions, such as prescriptions based solely on an online questionnaire, or by dispensing prescription drugs without any prescription. The ease with which web sites can be created and removed and the lack of readily available information to identify Internet sellers creates significant barriers to effective law enforcement efforts against unlawful Internet sellers. Consumers may have difficulty distinguishing legitimate from unlawful Internet sellers, as well as foreign from domestic Internet sellers, of prescription drugs. States need additional enforcement tools to take effective action against unlawful domestic Internet sellers and the Federal agencies need additional enforcement tools to take effective action against unlawful foreign Internet sellers. Purpose. The purpose of this Act is to provide Federal and State law enforcement with adequate tools to take effective action against interstate Internet sellers of prescription drugs who illegally sell such drugs to consumers in the United States and to protect such consumers against potential harms that may result from purchasing such drugs from such sellers. <SECTION-HEADER> AMENDMENT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. In General. Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 503A the following: "Section 503B. INTERNET PRESCRIPTION DRUG SALES. Definitions. For purposes of this section: Consumer. The term `consumer' means a person that purchases or seeks to purchase prescription drugs through the Internet. Home page. The term `home page' means the entry point or main web page for an Internet site. Internet. The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected worldwide network of networks that employ the Transmission Control ProtocolInternet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio, including electronic mail. Interstate internet seller. In general. The term `interstate Internet seller' means a person whether in the United States or abroad, that engages in, offers to engage in, or causes the delivery or sale of a prescription drug through the Internet and has such drug delivered directly to the consumer via the Postal Service, or any private or commercial interstate carrier to a consumer in the United States who is residing in a State other than the State in which the seller's place of business is located. This definition excludes a person who only delivers a prescription drug to a consumer, such as an interstate carrier service. Exemption. With respect to the consumer involved, the term `interstate Internet seller' does not include a person described in subparagraph (A) whose place of business is located within 75 miles of the consumer. Link. The term `link' means either a textual or graphical marker on a web page that, when clicked on, takes the consumer to another part of the Internet, such as to another web page or a different area on the same web page, or from an electronic message to a web page. Pharmacy. The term `pharmacy' means any place licensed or otherwise authorized as a pharmacy under State law. Prescriber. The term `prescriber' means an individual, licensed or otherwise authorized under applicable Federal and State law to issue prescriptions for prescription drugs. Prescription drug. The term `prescription drug' means a drug under section 503(b)(1). Valid prescription. The term `valid prescription' means a prescription that meets the requirements of section 503(b)(1) and other applicable Federal and State law. Web site. Site. The terms `web site' and `site' mean a specific location on the Internet that is determined by Internet protocol numbers or by a domain name. Requirements for Interstate Internet Sellers. In general. Each interstate Internet seller shall comply with the requirements of this subsection with respect to the sale of, or the offer to sell, prescription drugs through the Internet and shall at all times display on its web site information in accordance with paragraph (2). Web site disclosure information. An interstate Internet seller shall post in a visible and clear manner on the home page of its web site, or on a page directly linked to such home page the street address of the interstate Internet seller's place of business, and the telephone number of such place of business. Each State in which the interstate Internet seller is licensed or otherwise authorized as a pharmacy, or if the interstate Internet seller is not licensed or otherwise authorized by a State as a pharmacy, each State in which the interstate Internet seller is licensed or otherwise authorized to dispense prescription drugs, and the type of State license or authorization. In the case of an interstate Internet seller that makes referrals to or solicits on behalf of a prescriber, the name of each prescriber, the street address of each such prescriber's place of business, the telephone number of such place of business, each State in which each such prescriber is licensed or otherwise authorized to prescribe prescription drugs, and the type of such license or authorization. And a statement that the interstate Internet seller will dispense prescription drugs only upon a valid prescription. Date of posting. Information required to be posted under paragraph (2) shall be posted by an interstate Internet seller not later than 90 days after the effective date of this section if the web site of such seller is in operation as of such date. Or on the date of the first day of operation of such seller's web site if such site goes into operation after such date. Qualifying statements. An interstate Internet seller shall not indicate in any manner that posting disclosure information on its web site signifies that the Federal Government has made any determination on the legitimacy of the interstate Internet seller or its business. Disclosure to state licensing boards. An interstate Internet seller licensed or otherwise authorized to dispense prescription drugs in accordance with applicable State law shall notify each State entity that granted such licensure or authorization that it is an interstate Internet seller, the name of its business, the Internet address of its business, the street address of its place of business, and the telephone number of such place of business. Regulations. The Secretary is authorized to promulgate such regulations as are necessary to carry out the provisions of this subsection. In issuing such regulations, the Secretary shall take into consideration disclosure formats used by existing interstate Internet seller certification programs. And shall in defining the term `place of business' include provisions providing that such place is a single location at which employees of the business perform job functions, and not a post office box or similar locale.". State Enforcement of Federal Law Regarding Internet Sellers of Prescription Drugs. Chapter III of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: "state proceedings regarding internet sales of prescription drugs "Section 310A. (a) In General. A State, through its attorney general, may bring in its own name, and in an appropriate district court of the United States, proceedings against an interstate Internet seller of a prescription drug for the civil enforcement, or to restrain violations of section 503B(b), or paragraph (1) or (2) of section 503(b), on behalf of consumers who reside in that State and have been or are being adversely affected by such violations. Through such proceedings, the State may with respect to such violations obtain a permanent nationwide injunction, enforce compliance. Or obtain such other relief as the court may find appropriate. Notice to Secretary and Appropriate Federal Agencies. A State shall serve prior written notice of any civil action under subsection (a) upon the Secretary and the appropriate Federal agencies and provide to the Secretary and such agencies a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. And may proceed with the civil action unless another State attorney general or a Federal agency has filed a complaint against the same party for the same violations under this section prior to receiving notice and the civil action brought by the State attorney general or such agency is still ongoing or there has been a final judgment. Rights of President. The President shall have the right to intervene in any action brought under subsection (a), and upon so intervening, to be heard in all matters arising therein and to file notices of appeal. Applicability of Subpoenas. Subpoenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any proceeding under this section. Construction. For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent a State attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary or other evidence or to bring an action under the laws of such State to obtain remedies under that State's laws. Definitions. For purposes of this section, the terms `interstate Internet seller', `Internet', and `prescription drug' have the meanings given such terms in section 503B.". Prohibited Acts. Section 301 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: The failure to post information required under section 503B(b)(2) or knowingly making a materially false statement when posting such information as required under such section or violating section 503B(b)(4).". <SECTION-HEADER> PUBLIC EDUCATION. The Secretary of Health and Human Services shall engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources. The Secretary should educate the public about effective public and private sector consumer protection efforts, as appropriate, with input from the public and private sectors, as appropriate. <SECTION-HEADER> STUDY REGARDING COORDINATION OF REGULATORY ACTIVITIES. Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, after consultation with the Attorney General, shall submit to Congress a report providing recommendations for coordinating the activities of Federal agencies regarding interstate Internet sellers that operate from foreign countries and for coordinating the activities of the Federal Government with the activities of governments of foreign countries regarding such interstate Internet sellers. <SECTION-HEADER> CIVIL ACTIONS REGARDING PROPERTY. Section 303 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following subsection: (1) If a person is alienating or disposing of property, or intends to alienate or dispose of property which is obtained as a result of or is traceable to a violation by an interstate Internet seller of paragraph (1) or (2) of section 503(b), the President may commence a civil action in any Federal court to enjoin such alienation or disposition of property. Or for a restraining order to prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any such property or property of equivalent value. And appoint a temporary receiver to administer such restraining order. Proceedings under paragraph (1) shall be carried out in the same manner as apply under section 1345 of title 18, United States Code.". <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act shall take effect 6 months after the date of enactment of this Act, except that the authority of the Secretary of Health and Human Services to commence the process of rulemaking is effective on the date of enactment of this Act. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act such sums as may be necessary.

Authorizes each State to bring proceedings against an Internet seller on behalf of affected consumers . Allows the President to intervene in such actions. Directs the Secretary to: (1) engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources. And (2) recommend to Congress the coordination of activities of Federal agencies regarding Internet sellers that operate from foreign countries with the activities of such foreign governments. Authorizes the President to initiate a civil action to enjoin or restrain the alienation or disposal of property obtained as a result of, or traceable to, a violation of this Act. Authorizes appropriations.

Internet Prescription Drug Consumer Protection Act of 2000

105_hr1634

SECTION 1. PURPOSE. It is the purpose of this Act to create principles governing the conduct of industrial cooperation projects of United States nationals in the People's Republic of China and Tibet. SEC. 2. STATEMENT OF PRINCIPLES. It is the sense of the Congress that any United States national conducting an industrial cooperation project in the People's Republic of China or Tibet should adhere to the following principles, which shall be known as the ``Harry Wu Principles'': (1) Suspend the use of any goods, wares, articles, or merchandise that the United States national has reason to believe were mined, produced, or manufactured, in whole or in part, by convict labor or forced labor; and refuse to use forced labor in the industrial cooperation project. (2) Seek to ensure that political or religious views, sex, ethnic or national background, involvement in political activities or nonviolent demonstrations, or association with suspected or known dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or in any way affect the status or terms of employment in the industrial cooperation project. The United States national should not discriminate in terms or conditions of employment in the industrial cooperation project against persons with past records of arrests or internal exile for nonviolent protest or membership in unofficial organizations committed to nonviolence. (3) Ensure that methods of production used in the industrial cooperation project do not pose an unnecessary physical danger to workers and neighboring populations and property and that the industrial cooperation project does not unnecessarily risk harm to the surrounding environment; and consult with community leaders regarding environmental protection with respect to the industrial cooperation project. (4) Strive to use business enterprises that are not controlled by the People's Republic of China or its authorized agents and departments as potential partners in the industrial cooperation project. (5) Prohibit any military presence on the premises of the industrial cooperation project. (6) Undertake to promote freedom of association and assembly among the employees of the United States national. The United States national should protest any infringement by the Government of the People's Republic of China of these freedoms to the appropriate authorities of that government and to the International Labor Organization, which has an office in Beijing. (7) Use every possible channel of communication with the Government of the People's Republic of China to urge that government to disclose publicly a complete list of all those individuals arrested since March 1989, to end incommunicado detention and torture, and to provide international observers access to all places of detention in the People's Republic of China and Tibet and to trials of prisoners arrested in connection with the pro-democracy events of April through June of 1989 and the pro-democracy demonstrations which have taken place in Tibet since 1987. (8) Discourage or undertake to prevent compulsory political indoctrination programs from taking place on the premises of the operations of the industrial cooperation project. (9) Promote freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media. To this end, the United States national should raise with appropriate authorities of the Government of the People's Republic of China concerns about restrictions on importation of foreign publications. (10) Undertake to prevent harassment of workers who, consistent with the United Nations World Population Plan of Action, decide freely and responsibly the number and spacing of their children; and prohibit compulsory population control activities on the premises of the industrial cooperation project. SEC. 3. PROMOTION OF PRINCIPLES BY OTHER NATIONS. The Secretary of State shall forward a copy of the principles set forth in section 2 to the member nations of the Organization for Economic Cooperation and Development and encourage them to promote principles similar to these principles. SEC. 4. REGISTRATION REQUIREMENT. (a) In General.--Each United States national conducting an industrial cooperation project in the People's Republic of China or Tibet shall register with the Secretary of State and indicate whether the United States national agrees to implement the principles set forth in section 2. No fee shall be required for registration under this subsection. (b) Effective Date.--The registration requirement of subsection (a) shall take effect 6 months after the date of the enactment of this Act. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``industrial cooperation project'' refers to a for-profit activity the business operations of which employ more than 25 individuals or have assets greater than $25,000; and (2) the term ``United States national'' means-- (A) a citizen or national of the United States or a permanent resident of the United States; and (B) a corporation, partnership, or other business association organized under the laws of the United States, any State or territory thereof, the District of Columbia, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands.

Expresses the sense of the Congress that US nationals conducting industrial cooperation projects in China or Tibet should adhere to certain principles . Declares that they should: (1) suspend the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refuse to use forced labor in their projects. (2) seek to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal of an individual employed in the industrial cooperation project. (3) ensure that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment. (4) strive to use business enterprises that are not controlled by the government of China. (5) prohibit any military presence on the premises of the project. (6) promote freedom of association and assembly among the employees of the US national. (7) urge the government of China to disclose a complete list of those individuals arrested since March 1989, end incommunicado detention and torture, and provide international observers access to places of detention in China and Tibet and to trials of prisoners arrested in connection with the pro-democracy events of April through June, 1989, and the pro-democracy demonstrations in Tibet since 1987. (8) discourage or prevent compulsory political indoctrination programs from taking place on project premises, (9) promote freedom of expression of all kinds. And (10) prevent harassment of workers who decide freely the number and spacing of their children, and prohibit compulsory population control activities on the premises of the project. Directs the Secretary of State to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each US national conducting an industrial cooperation project in China or Tibet to register with the Secretary and indicate whether they agree to implement such principles.

To set forth certain principles that should be adhered to by any United States national conducting an industrial cooperation project in the People's Republic of China or Tibet.

<SECTION-HEADER> PURPOSE. It is the purpose of this Act to create principles governing the conduct of industrial cooperation projects of United States nationals in the People's Republic of China and Tibet. <SECTION-HEADER> STATEMENT OF PRINCIPLES. It is the sense of the Congress that any United States national conducting an industrial cooperation project in the People's Republic of China or Tibet should adhere to the following principles, which shall be known as the "Harry Wu Principles": Suspend the use of any goods, wares, articles, or merchandise that the United States national has reason to believe were mined, produced, or manufactured, in whole or in part, by convict labor or forced labor. And refuse to use forced labor in the industrial cooperation project. Seek to ensure that political or religious views, sex, ethnic or national background, involvement in political activities or nonviolent demonstrations, or association with suspected or known dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or in any way affect the status or terms of employment in the industrial cooperation project. The United States national should not discriminate in terms or conditions of employment in the industrial cooperation project against persons with past records of arrests or internal exile for nonviolent protest or membership in unofficial organizations committed to nonviolence. Ensure that methods of production used in the industrial cooperation project do not pose an unnecessary physical danger to workers and neighboring populations and property and that the industrial cooperation project does not unnecessarily risk harm to the surrounding environment. And consult with community leaders regarding environmental protection with respect to the industrial cooperation project. Strive to use business enterprises that are not controlled by the People's Republic of China or its authorized agents and departments as potential partners in the industrial cooperation project. Prohibit any military presence on the premises of the industrial cooperation project. Undertake to promote freedom of association and assembly among the employees of the United States national. The United States national should protest any infringement by the Government of the People's Republic of China of these freedoms to the appropriate authorities of that government and to the International Labor Organization, which has an office in Beijing. Use every possible channel of communication with the Government of the People's Republic of China to urge that government to disclose publicly a complete list of all those individuals arrested since March 1989, to end incommunicado detention and torture, and to provide international observers access to all places of detention in the People's Republic of China and Tibet and to trials of prisoners arrested in connection with the pro-democracy events of April through June of 1989 and the pro-democracy demonstrations which have taken place in Tibet since 1987. Discourage or undertake to prevent compulsory political indoctrination programs from taking place on the premises of the operations of the industrial cooperation project. Promote freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media. To this end, the United States national should raise with appropriate authorities of the Government of the People's Republic of China concerns about restrictions on importation of foreign publications. Undertake to prevent harassment of workers who, consistent with the United Nations World Population Plan of Action, decide freely and responsibly the number and spacing of their children. And prohibit compulsory population control activities on the premises of the industrial cooperation project. <SECTION-HEADER> PROMOTION OF PRINCIPLES BY OTHER NATIONS. The Secretary of State shall forward a copy of the principles set forth in section 2 to the member nations of the Organization for Economic Cooperation and Development and encourage them to promote principles similar to these principles. <SECTION-HEADER> REGISTRATION REQUIREMENT. In General. Each United States national conducting an industrial cooperation project in the People's Republic of China or Tibet shall register with the Secretary of State and indicate whether the United States national agrees to implement the principles set forth in section 2. No fee shall be required for registration under this subsection. Effective Date. The registration requirement of subsection (a) shall take effect 6 months after the date of the enactment of this Act. <SECTION-HEADER> DEFINITIONS. As used in this Act the term "industrial cooperation project" refers to a for-profit activity the business operations of which employ more than 25 individuals or have assets greater than $25,000. And the term "United States national" means a citizen or national of the United States or a permanent resident of the United States. And a corporation, partnership, or other business association organized under the laws of the United States, any State or territory thereof, the District of Columbia, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands.

Expresses the sense of the Congress that US nationals conducting industrial cooperation projects in China or Tibet should adhere to certain principles . Declares that they should: (1) suspend the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refuse to use forced labor in their projects. (2) seek to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal of an individual employed in the industrial cooperation project. (3) ensure that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment. (4) strive to use business enterprises that are not controlled by the government of China. (5) prohibit any military presence on the premises of the project. (6) promote freedom of association and assembly among the employees of the US national. (7) urge the government of China to disclose a complete list of those individuals arrested since March 1989, end incommunicado detention and torture, and provide international observers access to places of detention in China and Tibet and to trials of prisoners arrested in connection with the pro-democracy events of April through June, 1989, and the pro-democracy demonstrations in Tibet since 1987. (8) discourage or prevent compulsory political indoctrination programs from taking place on project premises, (9) promote freedom of expression of all kinds. And (10) prevent harassment of workers who decide freely the number and spacing of their children, and prohibit compulsory population control activities on the premises of the project. Directs the Secretary of State to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each US national conducting an industrial cooperation project in China or Tibet to register with the Secretary and indicate whether they agree to implement such principles.

To set forth certain principles that should be adhered to by any United States national conducting an industrial cooperation project in the People's Republic of China or Tibet.

104_hr1100

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Law Reform Commission Act''. SEC. 2. ESTABLISHMENT AND PURPOSE OF COMMISSION. There is established a commission to be known as the ``Federal Election Law Reform Commission'' (hereinafter in this Act referred to as the ``Commission''). The purposes of the Commission are to study the laws relating to elections for Federal office and to recommend reforms in those laws. SEC. 3. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of 8 members appointed by the President, by and with the advice and consent of the Senate, from among individuals who are not officers or employees of any government and who are specially qualified to serve on the Commission by reason of education, training, or experience. In making appointments, the President shall consult-- (1) the Speaker of the House of Representatives with respect to the appointment of 2 members; (2) the majority leader of the Senate with respect to the appointment of 2 members; (3) the minority leader of the House of Representatives with respect to the appointment of one member; and (4) the minority leader of the Senate with respect to the appointment of one member. (b) Chairman.--At the time of the appointment, the President shall designate one member of the Commission as Chairman of the Commission. (c) Terms.--The members of the Commission shall serve for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Political Affiliation.--Not more than 4 members of the Commission may be of the same political party. SEC. 4. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. SEC. 5. REPORT AND RECOMMENDED LEGISLATION. Not later than one year after the date of the enactment of this Act, the Commission shall submit to the Congress a report of the activities of the Commission, together with a draft of legislation (including technical and conforming provisions) recommended by the Commission to reform the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) and any other laws relating to elections for Federal office. SEC. 6. MATTERS TO BE CONSIDERED BY THE COMMISSION. In formulating its draft of legislation under section 5, the Commission shall consider-- (1) the growth pattern of expenditures in elections for Federal office; (2) the appropriateness of public financing, communications vouchers, and postage subsidies with respect to elections for Federal office; (3) the option of expenditure limitations for achieving a balance of campaign resources between challengers and incumbents in elections for Federal office; (4) possible mechanisms of enforcement with respect to expenditures in elections for Federal office, including (A) voluntary compliance through incentives such as direct public financing, communications vouchers, and postage subsidies, and (B) mandatory compliance through imposition of penalties, such as taxes on excess expenditures; (5) the nature and extent of election related spending (for party building, get-out-the-vote, and similar activities) that is not currently regulated under Federal law (commonly known as ``soft money''); (6) the impact of non-party multicandidate political committees (commonly known as ``political action committees'') on elections for Federal office; (7) the adequacy of existing limitations on the contributions and activities of such committees, as well as the adequacy of existing limitations on the contributions and activities of individuals and other persons; (8) the influence of independent expenditures on elections for Federal office, through television advertising and otherwise, and the possibility of taking independent expenditures into account in the computation of contribution and expenditures with respect to candidates who benefit from independent expenditures; and (9) the impact of out-of-State and out-of-District contributions on congressional elections. SEC. 7. FAST-TRACK PROCEDURES. (a) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Definitions.--As used in this section, the term ``Federal election bill'' means only a bill of either House of Congress which is introduced as provided in subsection (c) to carry out the recommendations of the Commission as set forth in the draft of legislation referred to in section 5. (c) Introduction and Referral.--Within 3 days after the Commission submits its draft legislation under section 5, a Federal election bill shall be introduced (by request) in the House by the majority leader of the House and shall be introduced (by request) in the Senate by the majority leader of the Senate. Such bills shall be referred to the appropriate committees. (d) Amendments Prohibited.-- No amendment to a Federal election bill shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House; nor shall it be in order in either House to entertain a request to suspend the application of this subsection by unanimous consent. (e) Period for Committee and Floor Consideration.-- (1) If the committee of either House to which a Federal election bill has been referred has not reported it at the close of the 20th day after its introduction, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. If prior to the passage by one House of a Federal election bill of that House, that House receives the same Federal election bill from the other House, then-- (A) the procedure in that House shall be the same as if no Federal election bill had been received from the other House; but (B) the vote on final passage shall be on the Federal election bill of the other House. (2) For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded the days on which that House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die. (f) Floor Consideration in the House.-- (1) A motion in the House of Representatives to proceed to the consideration of a Federal election bill shall be highly privileged except that a motion to proceed to consider may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so. The motion to proceed to consider is not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Consideration of a Federal election bill in the House of Representatives shall be in the House with debate limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. The previous question on the Federal election bill shall be considered as ordered to final passage without intervening motion. It shall not be in order to move to reconsider the vote by which a Federal election bill is agreed to or disagreed to. (3) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a Federal election bill shall be decided without debate. (g) Floor Consideration in the Senate.-- (1) A motion in the Senate to proceed to the consideration of a Federal election bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on a Federal election bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with a Federal election bill shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a Federal election bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion in the Senate to further limit debate is not debatable. A motion to recommit a Federal election bill is not in order. SEC. 8. ADMINISTRATIVE PROVISIONS. (a) Pay and Travel Expenses of Members.--(1) Each member of the Commission, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. The Chairman shall be paid for each day referred to in the preceding sentence at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Staff Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff.--(1) Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (d) Details.--Upon request of the Director, 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 the Commission in carrying out its duties under this Act. (e) Experts and Consultants.--The Commission may procure by contract the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. SEC. 9. TERMINATION. The Commission shall cease to exist 3 months after the date of the submission of its report under section 5. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this Act.

Federal Election Law Reform Commission Act - Establishes the Federal Election Law Reform Commission to recommend Federal election law reform. Requires a Federal election bill to be introduced in the House and the Senate within a specified time of the Commission's submittal of draft legislation. Authorizes appropriations.

Federal Election Law Reform Commission Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Federal Election Law Reform Commission Act". <SECTION-HEADER> ESTABLISHMENT AND PURPOSE OF COMMISSION. There is established a commission to be known as the "Federal Election Law Reform Commission" . The purposes of the Commission are to study the laws relating to elections for Federal office and to recommend reforms in those laws. <SECTION-HEADER> MEMBERSHIP OF COMMISSION. Appointment. The Commission shall be composed of 8 members appointed by the President, by and with the advice and consent of the Senate, from among individuals who are not officers or employees of any government and who are specially qualified to serve on the Commission by reason of education, training, or experience. In making appointments, the President shall consult the Speaker of the House of Representatives with respect to the appointment of 2 members. The majority leader of the Senate with respect to the appointment of 2 members. The minority leader of the House of Representatives with respect to the appointment of one member. And the minority leader of the Senate with respect to the appointment of one member. Chairman. At the time of the appointment, the President shall designate one member of the Commission as Chairman of the Commission. Terms. The members of the Commission shall serve for the life of the Commission. Vacancies. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Political Affiliation. Not more than 4 members of the Commission may be of the same political party. <SECTION-HEADER> POWERS OF COMMISSION. Hearings. The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Quorum. Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. <SECTION-HEADER> REPORT AND RECOMMENDED LEGISLATION. Not later than one year after the date of the enactment of this Act, the Commission shall submit to the Congress a report of the activities of the Commission, together with a draft of legislation recommended by the Commission to reform the Federal Election Campaign Act of 1971 and any other laws relating to elections for Federal office. <SECTION-HEADER> MATTERS TO BE CONSIDERED BY THE COMMISSION. In formulating its draft of legislation under section 5, the Commission shall consider the growth pattern of expenditures in elections for Federal office. The appropriateness of public financing, communications vouchers, and postage subsidies with respect to elections for Federal office. The option of expenditure limitations for achieving a balance of campaign resources between challengers and incumbents in elections for Federal office. Possible mechanisms of enforcement with respect to expenditures in elections for Federal office, including (A) voluntary compliance through incentives such as direct public financing, communications vouchers, and postage subsidies, and mandatory compliance through imposition of penalties, such as taxes on excess expenditures. The nature and extent of election related spending that is not currently regulated under Federal law. The impact of non-party multicandidate political committees on elections for Federal office. The adequacy of existing limitations on the contributions and activities of such committees, as well as the adequacy of existing limitations on the contributions and activities of individuals and other persons. The influence of independent expenditures on elections for Federal office, through television advertising and otherwise, and the possibility of taking independent expenditures into account in the computation of contribution and expenditures with respect to candidates who benefit from independent expenditures. And the impact of out-of-State and out-of-District contributions on congressional elections. <SECTION-HEADER> FAST-TRACK PROCEDURES. Rules of House of Representatives and Senate. This section is enacted by the Congress as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith. And with full recognition of the constitutional right of either House to change the rules at any time, in the same manner and to the same extent as in the case of any other rule of that House. Definitions. As used in this section, the term "Federal election bill" means only a bill of either House of Congress which is introduced as provided in subsection (c) to carry out the recommendations of the Commission as set forth in the draft of legislation referred to in section 5. Introduction and Referral. Within 3 days after the Commission submits its draft legislation under section 5, a Federal election bill shall be introduced in the House by the majority leader of the House and shall be introduced in the Senate by the majority leader of the Senate. Such bills shall be referred to the appropriate committees. Amendments Prohibited. No amendment to a Federal election bill shall be in order in either the House of Representatives or the Senate. And no motion to suspend the application of this subsection shall be in order in either House. Nor shall it be in order in either House to entertain a request to suspend the application of this subsection by unanimous consent. Period for Committee and Floor Consideration. If the committee of either House to which a Federal election bill has been referred has not reported it at the close of the 20th day after its introduction, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. If prior to the passage by one House of a Federal election bill of that House, that House receives the same Federal election bill from the other House, then the procedure in that House shall be the same as if no Federal election bill had been received from the other House. But the vote on final passage shall be on the Federal election bill of the other House. For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded the days on which that House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die. Floor Consideration in the House. A motion in the House of Representatives to proceed to the consideration of a Federal election bill shall be highly privileged except that a motion to proceed to consider may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so. The motion to proceed to consider is not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. Consideration of a Federal election bill in the House of Representatives shall be in the House with debate limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. The previous question on the Federal election bill shall be considered as ordered to final passage without intervening motion. It shall not be in order to move to reconsider the vote by which a Federal election bill is agreed to or disagreed to. All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a Federal election bill shall be decided without debate. Floor Consideration in the Senate. A motion in the Senate to proceed to the consideration of a Federal election bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. Debate in the Senate on a Federal election bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. Debate in the Senate on any debatable motion or appeal in connection with a Federal election bill shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a Federal election bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. A motion in the Senate to further limit debate is not debatable. A motion to recommit a Federal election bill is not in order. <SECTION-HEADER> ADMINISTRATIVE PROVISIONS. Pay and Travel Expenses of Members. (1) Each member of the Commission, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the actual performance of duties vested in the Commission. The Chairman shall be paid for each day referred to in the preceding sentence at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. Staff Director. The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. Staff. (1) Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. Details. Upon request of the Director, 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 the Commission in carrying out its duties under this Act. Experts and Consultants. The Commission may procure by contract the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. <SECTION-HEADER> TERMINATION. The Commission shall cease to exist 3 months after the date of the submission of its report under section 5. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this Act.

Federal Election Law Reform Commission Act - Establishes the Federal Election Law Reform Commission to recommend Federal election law reform. Requires a Federal election bill to be introduced in the House and the Senate within a specified time of the Commission's submittal of draft legislation. Authorizes appropriations.

Federal Election Law Reform Commission Act

108_hr5257

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers' Flexible Educational Assistance Act''. SEC. 2. TRANSFER OF ENTITLEMENT TO BASIC EDUCATIONAL ASSISTANCE. (a) All-Volunteer Force Educational Assistance Program.--Chapter 30 of title 38, United States Code, is amended-- (1) in the table of contents by striking the item relating to section 3020 and inserting the following: ``3020. Transfer of entitlement to basic educational assistance.''; (2) in section 3018-- (A) in subsection (c) by inserting ``or (e)'' after ``subsection (b)(1)''; and (B) by adding at the end the following new subsection: ``(e) An individual who made an election under section 3011(c)(1) or 3012(d)(1) may withdraw such election not later than one year after the date of enactment of this subsection if-- ``(1) the period described in section 3031 that is applicable to such individual has not expired; and ``(2) such individual elects to transfer entitlement to educational assistance under section 3020.''; (3) by amending section 3020 to read as follows: ``Sec. 3020. Transfer of entitlement to basic educational assistance ``(a) In General.--An individual who is entitled to basic educational assistance under this subchapter may elect to transfer to one or more of the dependents specified in subsection (b) a portion of such individual's entitlement to such assistance. An individual transferring entitlement under this section shall submit written notice to the Secretary concerned not later than the expiration date of the period described in section 3031 that is applicable to such individual. ``(b) Eligible Dependents.--An individual may transfer entitlement under this section as follows: ``(1) To the individual's spouse. ``(2) To one or more of the individual's children. ``(3) To a combination of the individuals referred to in paragraphs (1) and (2). ``(c) Designation of Transferee.--An individual transferring entitlement under this section shall-- ``(1) designate the dependent or dependents to whom such entitlement is being transferred; ``(2) designate the number of months of such entitlement to be transferred to each such dependent; and ``(3) specify the period for which the transfer shall be effective for each such dependent. ``(d) Revocation and Modification.--An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. ``(e) Commencement of Use.--If the dependent to whom entitlement is transferred under this section is a child, the use of the transferred entitlement may not commence until the child-- ``(1) completes the requirements of a secondary school diploma (or equivalency certificate); or ``(2) attains 18 years of age. ``(f) Time Limitation for Use of Eligibility and Entitlement.-- Notwithstanding section 3031, and subject to subsection (c)(3), a dependent to whom entitlement is transferred under this section may use such entitlement not later than the expiration date of a 20-year period beginning on the commencement date of the period described in section 3031 that is applicable to the individual who transferred such entitlement to the dependent. ``(g) Additional Administrative Matters.--(1) The use of any entitlement transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. ``(2) Except as provided under subsections (c)(2) and (3) and (f), and subject to paragraph (5) of this subsection, a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner as the individual from whom entitlement was transferred. ``(3)(A) Subject to subparagraph (B), the monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 3015 and 3022 to the individual making the transfer. ``(B) The monthly rate of assistance payable to a dependent under subparagraph (A) shall be subject to the provisions of section 3032, except that the provisions of subsection (a)(1) of that section shall not apply even if the individual making the transfer to the dependent under this section is on active duty during all or any part of enrollment period of the dependent in which such entitlement is used. ``(4) The death of an individual transferring entitlement under this section shall not affect the use of the transferred entitlement by the dependent to whom entitlement is transferred. ``(5) Notwithstanding subsection (f) and section 3031, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. ``(6) Except as provided in subsection (e), the purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). ``(h) Overpayment.--In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685. ``(i) Regulations.--The Secretaries concerned shall prescribe regulations for purposes of this section. ``(j) Annual Report.--Not later than January 31 of each calendar year (beginning in 2006), the Secretary of Defense, in consultation with the other Secretaries concerned, shall submit to the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate a report on the number of individuals transferring entitlement to educational assistance under this section during the preceding fiscal year. ``(k) Secretary Concerned Defined.--Notwithstanding section 101(25), in this section the term `Secretary concerned' means-- ``(1) the Secretary of the Army with respect to matters concerning the Army; ``(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; ``(3) the Secretary of the Air Force with respect to matters concerning the Air Force; and ``(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy.''; and (4) in section 3031(a) by inserting ``in section 3020 and'' after ``Except as provided''. (b) Educational Assistance for Members of the Selected Reserve.-- Chapter 1606 of title 10, United States Code, is amended-- (1) in the table of sections by adding at the end the following new item: ``16138. Transfer of entitlement to educational assistance.''; (2) in section 16133(a) by inserting ``and section 16138'' after ``subsection (b)''; (3) in section 16137 by inserting ``Each such report shall also include the number of members of the Selected Reserve of the Ready Reserve of each armed force transferring entitlement to educational assistance under section 16138.'' after ``those fiscal years.''; and (4) by adding at the end the following new section: ``Sec. 16138. Transfer of entitlement to educational assistance ``(a) In General.--An individual who is entitled to educational assistance under this chapter may elect to transfer to one or more of the dependents specified in subsection (b) a portion of such individual's entitlement to such assistance. An individual transferring entitlement under this section shall submit written notice to the Secretary concerned not later than the expiration date of the period described in section 16133 that is applicable to such individual. ``(b) Eligible Dependents.--An individual may transfer entitlement under this section as follows: ``(1) To the individual's spouse. ``(2) To one or more of the individual's children. ``(3) To a combination of the individuals referred to in paragraphs (1) and (2). ``(c) Designation of Transferee.--An individual transferring entitlement under this section shall-- ``(1) designate the dependent or dependents to whom such entitlement is being transferred; ``(2) designate the number of months of such entitlement to be transferred to each such dependent; and ``(3) specify the period for which the transfer shall be effective for each such dependent. ``(d) Revocation and Modification.--An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. ``(e) Commencement of Use.--If the dependent to whom entitlement is transferred under this section is a child, the use of the transferred entitlement may not commence until the child-- ``(1) completes the requirements of a secondary school diploma (or equivalency certificate); or ``(2) attains 18 years of age. ``(f) Time Limitation for Use of Eligibility and Entitlement.-- Notwithstanding section 16133, and subject to subsection (c)(3), a dependent to whom entitlement is transferred under this section may use such entitlement not later than-- ``(1) the expiration date of a 20-year period beginning on the commencement date of the period prescribed by section 16133(a)(1) that is applicable to the individual who transferred such entitlement to the dependent; or ``(2) the date that is 10 years after the date the individual who transferred such entitlement to the dependent is separated from the Selected Reserve, whichever occurs first. ``(g) Additional Administrative Matters.--(1) The use of any entitlement transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. ``(2) Except as provided under subsections (c)(2) and (3) and (f), and subject to paragraph (5) of this subsection, a dependent to whom entitlement is transferred under this section is entitled to educational assistance under this chapter in the same manner as the individual from whom entitlement was transferred. ``(3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under section 16131 to the individual making the transfer. ``(4) The death of an individual transferring entitlement under this section shall not affect the use of the transferred entitlement by the dependent to whom entitlement is transferred. ``(5) Notwithstanding subsection (f) and section 16133, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. ``(6) Except as provided in subsection (e), the purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). ``(h) Overpayment.--In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. ``(i) Regulations.--The Secretaries concerned shall prescribe regulations for purposes of this section. ``(j) Secretary Concerned Defined.--Notwithstanding section 101(a)(9), in this section the term `Secretary concerned' means-- ``(1) the Secretary of the Army with respect to matters concerning the Army; ``(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; ``(3) the Secretary of the Air Force with respect to matters concerning the Air Force; and ``(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy.''. SEC. 3. PROGRAM OF EDUCATION. (a) All-Volunteer Force Educational Assistance Program.--Chapter 30 of title 38, United States Code, is amended-- (1) in section 3014(a) by striking ``an approved program of education'' and inserting ``a program of education of the individual's choosing''; and (2) in sections 3014A(b)(1), 3015(a)(1), 3015(a)(2), 3015(b)(1), 3015(b)(2), 3015(g)(1), 3015(g)(2), 3016(b), 3016(c), 3022(a)(1), 3022(a)(2), and 3034(a)(3) by striking ``an approved program'' each place it appears and inserting ``a program''. (b) Educational Assistance for Members of the Selected Reserve.-- Section 16131 of title 10, United States Code, is amended-- (1) in subsection (b)(1) by inserting ``of the person's choosing'' after ``pursuing a program of education''; (2) by amending subsection (c)(1) to read as follows: ``(c)(1) Educational assistance shall be provided to each person entitled to educational assistance under this chapter for pursuit of any program of education of the person's choosing that is a program of education for purposes of chapter 30 of title 38.''; and (3) in subsection (g)(2)(B)(i) by striking ``an approved program'' and inserting ``a program''. SEC. 4. SERVICE IN THE SELECTED RESERVE. (a) Credit for 24 Months of Active Duty Service.--Subsection 3012 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A)(i) by striking ``an obligated period'' and all that follows through ``in the Armed Forces'' and inserting ``for a cumulative period of at least 24 months of obligated active duty in the Armed Forces during any 6-year period''; (B) in paragraphs (1)(B)(i) and (1)(C)(iii)(I) by striking ``at least two years of continuous active duty in the Armed Forces'' each place it appears and inserting ``for a cumulative period of at least 24 months of active duty in the Armed Forces during any 6- year period''; and (C) in paragraphs (1)(B)(ii) and (1)(C)(iii)(II) by striking ``two years'' each place it appears and inserting ``24 months''; and (2) in subsection (b)(1)(A)-- (A) by striking ``two years of service'' and inserting ``24 months of service''; and (B) by striking ``during such two years'' and inserting ``during such service''. (b) Conforming Amendment.--Section 3013(b) of title 38, United States Code, is amended by striking ``continuous''.

Servicemembers' Flexible Educational Assistance Act - Allows members of the Armed Forces and Selected Reserve who are entitled to educational assistance under the Montgomery GI Bill to transfer a portion of their entitlement to their dependents. States that a child's use of such transferred entitlement may not commence until the child completes secondary school or attains 18 years of age. Extends the time period for use of such transferred entitlements. Requires the Secretary of Defense to: (1) submit annual reports to specified congressional committees on the number of individuals transferring their entitlement to educational assistance under this Act. And (2) include such information pertaining to the Selected Reserve in biennial reports to Congress. Allows service members and their dependents to choose the program of education for which educational assistance will be used. Redefines the qualifying period of active duty service for members of the Selected Reserve to receive educational assistance as a cumulative period of at least 24 months during any six-year period.

To provide that members of the Armed Forces and Selected Reserve may transfer certain educational assistance benefits to dependents, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Servicemembers' Flexible Educational Assistance Act". <SECTION-HEADER> TRANSFER OF ENTITLEMENT TO BASIC EDUCATIONAL ASSISTANCE. All-Volunteer Force Educational Assistance Program. Chapter 30 of title 38, United States Code, is amended in the table of contents by striking the item relating to section 3020 and inserting the following: "3020. Transfer of entitlement to basic educational assistance.". In section 3018 in subsection (c) by inserting "or (e)" after "subsection (b)(1)". And by adding at the end the following new subsection: An individual who made an election under section 3011(c)(1) or 3012(d)(1) may withdraw such election not later than one year after the date of enactment of this subsection if the period described in section 3031 that is applicable to such individual has not expired. And such individual elects to transfer entitlement to educational assistance under section 3020.". By amending section 3020 to read as follows: "Section 3020. Transfer of entitlement to basic educational assistance In General. An individual who is entitled to basic educational assistance under this subchapter may elect to transfer to one or more of the dependents specified in subsection (b) a portion of such individual's entitlement to such assistance. An individual transferring entitlement under this section shall submit written notice to the Secretary concerned not later than the expiration date of the period described in section 3031 that is applicable to such individual. Eligible Dependents. An individual may transfer entitlement under this section as follows: To the individual's spouse. To one or more of the individual's children. To a combination of the individuals referred to in paragraphs (1) and (2). Designation of Transferee. An individual transferring entitlement under this section shall designate the dependent or dependents to whom such entitlement is being transferred. Designate the number of months of such entitlement to be transferred to each such dependent. And specify the period for which the transfer shall be effective for each such dependent. Revocation and Modification. An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. Commencement of Use. If the dependent to whom entitlement is transferred under this section is a child, the use of the transferred entitlement may not commence until the child completes the requirements of a secondary school diploma. Or attains 18 years of age. Time Limitation for Use of Eligibility and Entitlement. Notwithstanding section 3031, and subject to subsection (c)(3), a dependent to whom entitlement is transferred under this section may use such entitlement not later than the expiration date of a 20-year period beginning on the commencement date of the period described in section 3031 that is applicable to the individual who transferred such entitlement to the dependent. Additional Administrative Matters. (1) The use of any entitlement transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. Except as provided under subsections (c)(2) and (3) and (f), and subject to paragraph (5) of this subsection, a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner as the individual from whom entitlement was transferred. (A) Subject to subparagraph (B), the monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 3015 and 3022 to the individual making the transfer. The monthly rate of assistance payable to a dependent under subparagraph (A) shall be subject to the provisions of section 3032, except that the provisions of subsection (a)(1) of that section shall not apply even if the individual making the transfer to the dependent under this section is on active duty during all or any part of enrollment period of the dependent in which such entitlement is used. The death of an individual transferring entitlement under this section shall not affect the use of the transferred entitlement by the dependent to whom entitlement is transferred. Notwithstanding subsection (f) and section 3031, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. Except as provided in subsection (e), the purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma . Overpayment. In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685. Regulations. The Secretaries concerned shall prescribe regulations for purposes of this section. Annual Report. Not later than January 31 of each calendar year , the Secretary of Defense, in consultation with the other Secretaries concerned, shall submit to the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate a report on the number of individuals transferring entitlement to educational assistance under this section during the preceding fiscal year. Secretary Concerned Defined. Notwithstanding section 101(25), in this section the term `Secretary concerned' means the Secretary of the Army with respect to matters concerning the Army. The Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps. The Secretary of the Air Force with respect to matters concerning the Air Force. And the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy.". And in section 3031(a) by inserting "in section 3020 and" after "Except as provided". Educational Assistance for Members of the Selected Reserve. Chapter 1606 of title 10, United States Code, is amended in the table of sections by adding at the end the following new item: "16138. Transfer of entitlement to educational assistance.". In section 16133(a) by inserting "and section 16138" after "subsection (b)". In section 16137 by inserting "Each such report shall also include the number of members of the Selected Reserve of the Ready Reserve of each armed force transferring entitlement to educational assistance under section 16138." after "those fiscal years.". And by adding at the end the following new section: "Section 16138. Transfer of entitlement to educational assistance In General. An individual who is entitled to educational assistance under this chapter may elect to transfer to one or more of the dependents specified in subsection (b) a portion of such individual's entitlement to such assistance. An individual transferring entitlement under this section shall submit written notice to the Secretary concerned not later than the expiration date of the period described in section 16133 that is applicable to such individual. Eligible Dependents. An individual may transfer entitlement under this section as follows: To the individual's spouse. To one or more of the individual's children. To a combination of the individuals referred to in paragraphs (1) and (2). Designation of Transferee. An individual transferring entitlement under this section shall designate the dependent or dependents to whom such entitlement is being transferred. Designate the number of months of such entitlement to be transferred to each such dependent. And specify the period for which the transfer shall be effective for each such dependent. Revocation and Modification. An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. Commencement of Use. If the dependent to whom entitlement is transferred under this section is a child, the use of the transferred entitlement may not commence until the child completes the requirements of a secondary school diploma. Or attains 18 years of age. Time Limitation for Use of Eligibility and Entitlement. Notwithstanding section 16133, and subject to subsection (c)(3), a dependent to whom entitlement is transferred under this section may use such entitlement not later than the expiration date of a 20-year period beginning on the commencement date of the period prescribed by section 16133(a)(1) that is applicable to the individual who transferred such entitlement to the dependent. Or the date that is 10 years after the date the individual who transferred such entitlement to the dependent is separated from the Selected Reserve, whichever occurs first. Additional Administrative Matters. (1) The use of any entitlement transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. Except as provided under subsections (c)(2) and (3) and (f), and subject to paragraph (5) of this subsection, a dependent to whom entitlement is transferred under this section is entitled to educational assistance under this chapter in the same manner as the individual from whom entitlement was transferred. The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under section 16131 to the individual making the transfer. The death of an individual transferring entitlement under this section shall not affect the use of the transferred entitlement by the dependent to whom entitlement is transferred. Notwithstanding subsection (f) and section 16133, a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. Except as provided in subsection (e), the purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma . Overpayment. In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. Regulations. The Secretaries concerned shall prescribe regulations for purposes of this section. Secretary Concerned Defined. Notwithstanding section 101(a)(9), in this section the term `Secretary concerned' means the Secretary of the Army with respect to matters concerning the Army. The Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps. The Secretary of the Air Force with respect to matters concerning the Air Force. And the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy.". <SECTION-HEADER> PROGRAM OF EDUCATION. All-Volunteer Force Educational Assistance Program. Chapter 30 of title 38, United States Code, is amended in section 3014(a) by striking "an approved program of education" and inserting "a program of education of the individual's choosing". And in sections 3014A(b)(1), 3015(a)(1), 3015(a)(2), 3015(b)(1), 3015(b)(2), 3015(g)(1), 3015(g)(2), 3016(b), 3016(c), 3022(a)(1), 3022(a)(2), and 3034(a)(3) by striking "an approved program" each place it appears and inserting "a program". Educational Assistance for Members of the Selected Reserve. Section 16131 of title 10, United States Code, is amended in subsection (b)(1) by inserting "of the person's choosing" after "pursuing a program of education". By amending subsection (c)(1) to read as follows: (1) Educational assistance shall be provided to each person entitled to educational assistance under this chapter for pursuit of any program of education of the person's choosing that is a program of education for purposes of chapter 30 of title 38.". And in subsection (g)(2)(B)(i) by striking "an approved program" and inserting "a program". <SECTION-HEADER> SERVICE IN THE SELECTED RESERVE. Credit for 24 Months of Active Duty Service. Subsection 3012 of title 38, United States Code, is amended in subsection (a) in paragraph (1)(A)(i) by striking "an obligated period" and all that follows through "in the Armed Forces" and inserting "for a cumulative period of at least 24 months of obligated active duty in the Armed Forces during any 6-year period". In paragraphs (1)(B)(i) and (1)(C)(iii)(I) by striking "at least two years of continuous active duty in the Armed Forces" each place it appears and inserting "for a cumulative period of at least 24 months of active duty in the Armed Forces during any 6- year period". And in paragraphs (1)(B)(ii) and (1)(C)(iii)(II) by striking "two years" each place it appears and inserting "24 months". And in subsection (b)(1)(A) by striking "two years of service" and inserting "24 months of service". And by striking "during such two years" and inserting "during such service". Conforming Amendment. Section 3013(b) of title 38, United States Code, is amended by striking "continuous".

Servicemembers' Flexible Educational Assistance Act - Allows members of the Armed Forces and Selected Reserve who are entitled to educational assistance under the Montgomery GI Bill to transfer a portion of their entitlement to their dependents. States that a child's use of such transferred entitlement may not commence until the child completes secondary school or attains 18 years of age. Extends the time period for use of such transferred entitlements. Requires the Secretary of Defense to: (1) submit annual reports to specified congressional committees on the number of individuals transferring their entitlement to educational assistance under this Act. And (2) include such information pertaining to the Selected Reserve in biennial reports to Congress. Allows service members and their dependents to choose the program of education for which educational assistance will be used. Redefines the qualifying period of active duty service for members of the Selected Reserve to receive educational assistance as a cumulative period of at least 24 months during any six-year period.

To provide that members of the Armed Forces and Selected Reserve may transfer certain educational assistance benefits to dependents, and for other purposes.

110_hr2139

SECTION 1. SHORT TITLE. This title may be cited as the ``FHA Manufactured Housing Loan Modernization Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) manufactured housing plays a vital role in providing housing for low- and moderate-income families in the United States; (2) the FHA title I insurance program for manufactured home loans traditionally has been a major provider of mortgage insurance for home-only transactions; (3) the manufactured housing market is in the midst of a prolonged downturn which has resulted in a severe contraction of traditional sources of private lending for manufactured home purchases; (4) during past downturns the FHA title I insurance program for manufactured homes has filled the lending void by providing stability until the private markets could recover; (5) in 1992, during the manufactured housing industry's last major recession, over 30,000 manufactured home loans were insured under title I; (6) in 2006, fewer than 1,500 manufactured housing loans were insured under title I; (7) the loan limits for title I manufactured housing loans have not been adjusted for inflation since 1992; and (8) these problems with the title I program have resulted in an atrophied market for manufactured housing loans, leaving American families who have the most difficulty achieving homeownership without adequate financing options for home-only manufactured home purchases. (b) Purposes.--The purposes of this Act are-- (1) to provide adequate funding for FHA-insured manufactured housing loans for low- and moderate-income homebuyers during all economic cycles in the manufactured housing industry; (2) to modernize the FHA title I insurance program for manufactured housing loans to enhance participation by Ginnie Mae and the private lending markets; and (3) to adjust the low loan limits for title I manufactured home loan insurance to reflect the increase in costs since such limits were last increased in 1992 and to index the limits to inflation. SEC. 3. EXCEPTION TO LIMITATION ON FINANCIAL INSTITUTION PORTFOLIO. The second sentence of section 2(a) of the National Housing Act (12 U.S.C. 1703(a)) is amended-- (1) by striking ``In no case'' and inserting ``Other than in connection with a manufactured home or a lot on which to place such a home (or both), in no case''; and (2) by striking ``: Provided, That with'' and inserting ``. With''. SEC. 4. INSURANCE BENEFITS. (a) In General.--Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), is amended by adding at the end the following new paragraph: ``(8) Insurance benefits for manufactured housing loans.-- Any contract of insurance with respect to loans, advances of credit, or purchases in connection with a manufactured home or a lot on which to place a manufactured home (or both) for a financial institution that is executed under this title after the date of the enactment of the FHA Manufactured Housing Loan Modernization Act of 2007 by the Secretary shall be conclusive evidence of the eligibility of such financial institution for insurance, and the validity of any contract of insurance so executed shall be incontestable in the hands of the bearer from the date of the execution of such contract, except for fraud or misrepresentation on the part of such institution.''. (b) Applicability.--The amendment made by subsection (a) shall only apply to loans that are registered or endorsed for insurance after the date of the enactment of this Act. SEC. 5. MAXIMUM LOAN LIMITS. (a) Dollar Amounts.--Paragraph (1) of section 2(b) of the National Housing Act (12 U.S.C. 1703(b)(1)) is amended-- (1) in clause (ii) of subparagraph (A), by striking ``$17,500'' and inserting ``$25,090''; (2) in subparagraph (C) by striking ``$48,600'' and inserting ``$69,678''; (3) in subparagraph (D) by striking ``$64,800'' and inserting ``$92,904''; (4) in subparagraph (E) by striking ``$16,200'' and inserting ``$23,226''; and (5) by realigning subparagraphs (C), (D), and (E) 2 ems to the left so that the left margins of such subparagraphs are aligned with the margins of subparagraphs (A) and (B). (b) Annual Indexing.--Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph: ``(9) Annual indexing of manufactured housing loans.--The Secretary shall develop a method of indexing in order to annually adjust the loan limits established in subparagraphs (A)(ii), (C), (D), and (E) of this subsection. Such index shall be based on the manufactured housing price data collected by the United States Census Bureau. The Secretary shall establish such index no later than one year after the date of the enactment of the FHA Manufactured Housing Loan Modernization Act of 2007.''. (c) Technical and Conforming Changes.--Paragraph (1) of section 2(b) of the National Housing Act (12 U.S.C. 1703(b)(1)) is amended-- (1) by striking ``No'' and inserting ``Except as provided in the last sentence of this paragraph, no''; and (2) by adding after and below subparagraph (G) the following: ``The Secretary shall, by regulation, annually increase the dollar amount limitations in subparagraphs (A)(ii), (C), (D), and (E) (as such limitations may have been previously adjusted under this sentence) in accordance with the index established pursuant to paragraph (9).''. SEC. 6. INSURANCE PREMIUMS. Subsection (f) of section 2 of the National Housing Act (12 U.S.C. 1703(f)) is amended-- (1) by inserting ``(1) Premium Charges.--'' after ``(f)''; and (2) by adding at the end the following new paragraph: ``(2) Manufactured Home Loans.--Notwithstanding paragraph (1), in the case of a loan, advance of credit, or purchase in connection with a manufactured home or a lot on which to place such a home (or both), the premium charge for the insurance granted under this section shall be paid by the borrower under the loan or advance of credit, as follows: ``(A) At the time of the making of the loan, advance of credit, or purchase, a single premium payment in an amount not to exceed 2.25 percent of the amount of the original insured principal obligation. ``(B) In addition to the premium under subparagraph (A), annual premium payments during the term of the loan, advance, or obligation purchased in an amount not exceeding 1.0 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected under subparagraph (A) and without taking into account delinquent payments or prepayments). ``(C) Premium charges under this paragraph shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary, to maintain a negative credit subsidy for the program under this section for insurance of loans, advances of credit, or purchases in connection with a manufactured home or a lot on which to place such a home (or both), as determined based upon risk to the Federal Government under existing underwriting requirements. ``(D) The Secretary may increase the limitations on premium payments to percentages above those set forth in subparagraphs (A) and (B), but only if necessary, and not in excess of the minimum increase necessary, to maintain a negative credit subsidy as described in subparagraph (C).''. SEC. 7. TECHNICAL CORRECTIONS. (a) Dates.--Subsection (a) of section 2 of the National Housing Act (12 U.S.C. 1703(a)) is amended-- (1) by striking ``on and after July 1, 1939,'' each place such term appears; and (2) by striking ``made after the effective date of the Housing Act of 1954''. (b) Authority of Secretary.--Subsection (c) of section 2 of the National Housing Act (12 U.S.C. 1703(c)) is amended to read as follows: ``(c) Handling and Disposal of Property.-- ``(1) Authority of secretary.--Notwithstanding any other provision of law, the Secretary may-- ``(A) deal with, complete, rent, renovate, modernize, insure, or assign or sell at public or private sale, or otherwise dispose of, for cash or credit in the Secretary's discretion, and upon such terms and conditions and for such consideration as the Secretary shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by the Secretary, in connection with the payment of insurance heretofore or hereafter granted under this title, including any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with the payment of insurance heretofore or hereafter granted under this section; and ``(B) pursue to final collection, by way of compromise or otherwise, all claims assigned to or held by the Secretary and all legal or equitable rights accruing to the Secretary in connection with the payment of such insurance, including unpaid insurance premiums owed in connection with insurance made available by this title. ``(2) Advertisements for proposals.--Section 3709 of the Revised Statutes shall not be construed to apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of such property if the amount thereof does not exceed $25,000. ``(3) Delegation of authority.--The power to convey and to execute in the name of the Secretary, deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest therein heretofore or hereafter acquired by the Secretary pursuant to the provisions of this title may be exercised by an officer appointed by the Secretary without the execution of any express delegation of power or power of attorney. Nothing in this subsection shall be construed to prevent the Secretary from delegating such power by order or by power of attorney, in the Secretary's discretion, to any officer or agent the Secretary may appoint.''. SEC. 8. REVISION OF UNDERWRITING CRITERIA. (a) In General.--Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph: ``(10) Financial soundness of manufactured housing program.--The Secretary shall establish such underwriting criteria for loans and advances of credit in connection with a manufactured home or a lot on which to place a manufactured home (or both), including such loans and advances represented by obligations purchased by financial institutions, as may be necessary to ensure that the program under this title for insurance for financial institutions against losses from such loans, advances of credit, and purchases is financially sound.''. (b) Timing.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall revise the existing underwriting criteria for the program referred to in paragraph (10) of section 2(b) of the National Housing Act (as added by subsection (a) of this section) in accordance with the requirements of such paragraph. SEC. 9. REQUIREMENT OF SOCIAL SECURITY ACCOUNT NUMBER FOR ASSISTANCE. Section 2 of the National Housing Act (12 U.S.C. 1703) is amended by adding at the end the following new subsection: ``(j) Requirement of Social Security Account Number for Financing.--No insurance shall be granted under this section with respect to any obligation representing any loan, advance of credit, or purchase by a financial institution unless the borrower to which the loan or advance of credit was made, and each member of the family of the borrower who is 18 years of age or older or is the spouse of the borrower, has a valid social security number.''. SEC. 10. GAO STUDY OF MITIGATION OF TORNADO RISKS TO MANUFACTURED HOMES. The Comptroller General of the United States shall assess how the Secretary of Housing and Urban Development utilizes the FHA manufactured housing loan insurance program under title I of the National Housing Act, the community development block grant program under title I of the Housing and Community Development Act of 1974, and other programs and resources available to the Secretary to mitigate the risks to manufactured housing residents and communities resulting from tornados. The Comptroller General shall submit to the Congress a report on the conclusions and recommendations of the assessment conducted pursuant to this section not later than the expiration of the 12-month period beginning on the date of the enactment of this Act. Passed the House of Representatives June 25, 2007. Attest: LORRAINE C. MILLER, Clerk.

FHA Manufactured Housing Loan Modernization Act of 2007 - Amends the National Housing Act with respect to Federal Housing Administration (FHA) housing loan insurance for manufactured homes . Exempts such loans from certain financial institution portfolio limits, increasing an allowable claim for loss from 10 to 90 of an institution's total amount of such loans, credit advances, and purchases. Makes any new contract of insurance for such loans, credit advances, or purchases conclusive evidence of an institution's insurance eligibility. Increases loan limits, requiring annual indexing. Prescribes requirements for payment by a borrower of premium charges for credit insurance, including an up-front premium of up to 2.25 and an annual premium of up to 1. Revises requirements for the handling and disposal of any real or personal conveyed to or acquired by the Secretary of Housing and Urban Development (HUD), and the pursuit of all claims against mortgagors assigned to the Secretary by mortgagees. Directs the Secretary of HUD to: (1) establish underwriting criteria for loans and credit in connection with a manufactured home, or a lot for one, that will ensure the manufactured housing program's financial soundness. And (2) revise within six months existing criteria to accord with those established under this Act. Prohibits any grant of credit insurance to a financial institution unless the borrower to which a housing renovation or modernization loan or advance of credit was made, and each member of the borrower's family age 18 years or older, including the borrower's spouse, has a valid Social Security number. Directs the Comptroller General to assess, and report to Congress on, how the Secretary of HUD utilizes the FHA manufactured housing loan insurance program, the community development block grant program, and other programs and resources to mitigate the risks to manufactured housing residents and communities resulting from tornados.

To modernize the manufactured housing loan insurance program under title I of the National Housing Act.

<SECTION-HEADER> SHORT TITLE. This title may be cited as the "FHA Manufactured Housing Loan Modernization Act of 2007". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds that manufactured housing plays a vital role in providing housing for low- and moderate-income families in the United States. The FHA title I insurance program for manufactured home loans traditionally has been a major provider of mortgage insurance for home-only transactions. The manufactured housing market is in the midst of a prolonged downturn which has resulted in a severe contraction of traditional sources of private lending for manufactured home purchases. During past downturns the FHA title I insurance program for manufactured homes has filled the lending void by providing stability until the private markets could recover. In 1992, during the manufactured housing industry's last major recession, over 30,000 manufactured home loans were insured under title I. In 2006, fewer than 1,500 manufactured housing loans were insured under title I. The loan limits for title I manufactured housing loans have not been adjusted for inflation since 1992. And these problems with the title I program have resulted in an atrophied market for manufactured housing loans, leaving American families who have the most difficulty achieving homeownership without adequate financing options for home-only manufactured home purchases. Purposes. The purposes of this Act are to provide adequate funding for FHA-insured manufactured housing loans for low- and moderate-income homebuyers during all economic cycles in the manufactured housing industry. To modernize the FHA title I insurance program for manufactured housing loans to enhance participation by Ginnie Mae and the private lending markets. And to adjust the low loan limits for title I manufactured home loan insurance to reflect the increase in costs since such limits were last increased in 1992 and to index the limits to inflation. <SECTION-HEADER> EXCEPTION TO LIMITATION ON FINANCIAL INSTITUTION PORTFOLIO. The second sentence of section 2(a) of the National Housing Act (12 USC. 1703(a)) is amended by striking "In no case" and inserting "Other than in connection with a manufactured home or a lot on which to place such a home , in no case". And by striking ": Provided, That with" and inserting ". With". <SECTION-HEADER> INSURANCE BENEFITS. In General. Subsection (b) of section 2 of the National Housing Act (12 USC. 1703(b)), is amended by adding at the end the following new paragraph: Insurance benefits for manufactured housing loans. Any contract of insurance with respect to loans, advances of credit, or purchases in connection with a manufactured home or a lot on which to place a manufactured home for a financial institution that is executed under this title after the date of the enactment of the FHA Manufactured Housing Loan Modernization Act of 2007 by the Secretary shall be conclusive evidence of the eligibility of such financial institution for insurance, and the validity of any contract of insurance so executed shall be incontestable in the hands of the bearer from the date of the execution of such contract, except for fraud or misrepresentation on the part of such institution.". Applicability. The amendment made by subsection (a) shall only apply to loans that are registered or endorsed for insurance after the date of the enactment of this Act. <SECTION-HEADER> MAXIMUM LOAN LIMITS. Dollar Amounts. Paragraph (1) of section 2(b) of the National Housing Act (12 USC. 1703(b)(1)) is amended in clause (ii) of subparagraph (A), by striking "$17,500" and inserting "$25,090", in subparagraph (C) by striking "$48,600" and inserting "$69,678", in subparagraph (D) by striking "$64,800" and inserting "$92,904", in subparagraph (E) by striking "$16,200" and inserting "$23,226". And by realigning subparagraphs (C), (D), and (E) 2 ems to the left so that the left margins of such subparagraphs are aligned with the margins of subparagraphs (A) and (B). Annual Indexing. Subsection (b) of section 2 of the National Housing Act (12 USC. 1703(b)), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph: Annual indexing of manufactured housing loans. The Secretary shall develop a method of indexing in order to annually adjust the loan limits established in subparagraphs (ii), (C), (D), and (E) of this subsection. Such index shall be based on the manufactured housing price data collected by the United States Census Bureau. The Secretary shall establish such index no later than one year after the date of the enactment of the FHA Manufactured Housing Loan Modernization Act of 2007.". Technical and Conforming Changes. Paragraph (1) of section 2(b) of the National Housing Act (12 USC. 1703(b)(1)) is amended by striking "No" and inserting "Except as provided in the last sentence of this paragraph, no". And by adding after and below subparagraph (G) the following: "The Secretary shall, by regulation, annually increase the dollar amount limitations in subparagraphs (A)(ii), (C), (D), and (E) in accordance with the index established pursuant to paragraph (9).". <SECTION-HEADER> INSURANCE PREMIUMS. Subsection (f) of section 2 of the National Housing Act (12 USC. 1703(f)) is amended by inserting "(1) Premium Charges. " after "(f)". And by adding at the end the following new paragraph: Manufactured Home Loans. Notwithstanding paragraph (1), in the case of a loan, advance of credit, or purchase in connection with a manufactured home or a lot on which to place such a home , the premium charge for the insurance granted under this section shall be paid by the borrower under the loan or advance of credit, as follows: At the time of the making of the loan, advance of credit, or purchase, a single premium payment in an amount not to exceed 2.25 percent of the amount of the original insured principal obligation. In addition to the premium under subparagraph (A), annual premium payments during the term of the loan, advance, or obligation purchased in an amount not exceeding 1.0 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected under subparagraph . Premium charges under this paragraph shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary, to maintain a negative credit subsidy for the program under this section for insurance of loans, advances of credit, or purchases in connection with a manufactured home or a lot on which to place such a home , as determined based upon risk to the Federal Government under existing underwriting requirements. The Secretary may increase the limitations on premium payments to percentages above those set forth in subparagraphs and (B), but only if necessary, and not in excess of the minimum increase necessary, to maintain a negative credit subsidy as described in subparagraph (C).". <SECTION-HEADER> TECHNICAL CORRECTIONS. Dates. Subsection (a) of section 2 of the National Housing Act (12 USC. 1703(a)) is amended by striking "on and after July 1, 1939," each place such term appears. And by striking "made after the effective date of the Housing Act of 1954". Authority of Secretary. Subsection (c) of section 2 of the National Housing Act (12 USC. 1703(c)) is amended to read as follows: Handling and Disposal of Property. Authority of secretary. Notwithstanding any other provision of law, the Secretary may deal with, complete, rent, renovate, modernize, insure, or assign or sell at public or private sale, or otherwise dispose of, for cash or credit in the Secretary's discretion, and upon such terms and conditions and for such consideration as the Secretary shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by the Secretary, in connection with the payment of insurance heretofore or hereafter granted under this title, including any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with the payment of insurance heretofore or hereafter granted under this section. And pursue to final collection, by way of compromise or otherwise, all claims assigned to or held by the Secretary and all legal or equitable rights accruing to the Secretary in connection with the payment of such insurance, including unpaid insurance premiums owed in connection with insurance made available by this title. Advertisements for proposals. Section 3709 of the Revised Statutes shall not be construed to apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of such property if the amount thereof does not exceed $25,000. Delegation of authority. The power to convey and to execute in the name of the Secretary, deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest therein heretofore or hereafter acquired by the Secretary pursuant to the provisions of this title may be exercised by an officer appointed by the Secretary without the execution of any express delegation of power or power of attorney. Nothing in this subsection shall be construed to prevent the Secretary from delegating such power by order or by power of attorney, in the Secretary's discretion, to any officer or agent the Secretary may appoint.". <SECTION-HEADER> REVISION OF UNDERWRITING CRITERIA. In General. Subsection (b) of section 2 of the National Housing Act (12 USC. 1703(b)), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph: Financial soundness of manufactured housing program. The Secretary shall establish such underwriting criteria for loans and advances of credit in connection with a manufactured home or a lot on which to place a manufactured home , including such loans and advances represented by obligations purchased by financial institutions, as may be necessary to ensure that the program under this title for insurance for financial institutions against losses from such loans, advances of credit, and purchases is financially sound.". Timing. Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall revise the existing underwriting criteria for the program referred to in paragraph (10) of section 2(b) of the National Housing Act (as added by subsection in accordance with the requirements of such paragraph. <SECTION-HEADER> REQUIREMENT OF SOCIAL SECURITY ACCOUNT NUMBER FOR ASSISTANCE. Section 2 of the National Housing Act is amended by adding at the end the following new subsection: Requirement of Social Security Account Number for Financing. No insurance shall be granted under this section with respect to any obligation representing any loan, advance of credit, or purchase by a financial institution unless the borrower to which the loan or advance of credit was made, and each member of the family of the borrower who is 18 years of age or older or is the spouse of the borrower, has a valid social security number.". <SECTION-HEADER> GAO STUDY OF MITIGATION OF TORNADO RISKS TO MANUFACTURED HOMES. The Comptroller General of the United States shall assess how the Secretary of Housing and Urban Development utilizes the FHA manufactured housing loan insurance program under title I of the National Housing Act, the community development block grant program under title I of the Housing and Community Development Act of 1974, and other programs and resources available to the Secretary to mitigate the risks to manufactured housing residents and communities resulting from tornados. The Comptroller General shall submit to the Congress a report on the conclusions and recommendations of the assessment conducted pursuant to this section not later than the expiration of the 12-month period beginning on the date of the enactment of this Act. Passed the House of Representatives June 25, 2007. Attest: LORRAINE C. MILLER, Clerk.

FHA Manufactured Housing Loan Modernization Act of 2007 - Amends the National Housing Act with respect to Federal Housing Administration (FHA) housing loan insurance for manufactured homes . Exempts such loans from certain financial institution portfolio limits, increasing an allowable claim for loss from 10 to 90 of an institution's total amount of such loans, credit advances, and purchases. Makes any new contract of insurance for such loans, credit advances, or purchases conclusive evidence of an institution's insurance eligibility. Increases loan limits, requiring annual indexing. Prescribes requirements for payment by a borrower of premium charges for credit insurance, including an up-front premium of up to 2.25 and an annual premium of up to 1. Revises requirements for the handling and disposal of any real or personal conveyed to or acquired by the Secretary of Housing and Urban Development (HUD), and the pursuit of all claims against mortgagors assigned to the Secretary by mortgagees. Directs the Secretary of HUD to: (1) establish underwriting criteria for loans and credit in connection with a manufactured home, or a lot for one, that will ensure the manufactured housing program's financial soundness. And (2) revise within six months existing criteria to accord with those established under this Act. Prohibits any grant of credit insurance to a financial institution unless the borrower to which a housing renovation or modernization loan or advance of credit was made, and each member of the borrower's family age 18 years or older, including the borrower's spouse, has a valid Social Security number. Directs the Comptroller General to assess, and report to Congress on, how the Secretary of HUD utilizes the FHA manufactured housing loan insurance program, the community development block grant program, and other programs and resources to mitigate the risks to manufactured housing residents and communities resulting from tornados.

To modernize the manufactured housing loan insurance program under title I of the National Housing Act.

109_hr4673

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Security and Consumer Choice Act''. SEC. 2. REQUIREMENT TO MANUFACTURER DUAL FUELED AUTOMOBILES. (a) Requirement.-- (1) In general.--Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: ``Sec. 32902A. Requirement to manufacture dual fueled automobiles ``(a) Requirement.-- ``(1) In general.--Each manufacturer of new automobiles that are capable of operating on gasoline or diesel fuel shall ensure that the percentage of such automobiles, manufactured in any model year beginning not less than 18 months after the date of enactment of this section and distributed in commerce for sale in the United States, which are dual fueled automobiles is equal to not less than the applicable percentage set forth in the following table: The percentage of dual fueled auto- ``For each of the following mobiles manufactured model years: shall be not less than: year 1........................................ 10 year 2........................................ 20 year 3........................................ 30 year 4........................................ 40 year 5........................................ 50 year 6........................................ 60 year 7........................................ 70 year 8........................................ 80 year 9........................................ 90 year 10 and beyond............................ 100. ``(2) Model years.--For purposes of the table under paragraph (1)-- ``(A) the term `year 1' means the first model year beginning not less than 18 months after the date of enactment of this section; ``(B) the term `year 2' means the model year immediately following the model year described in subparagraph (A); ``(C) the term `year 3' means the model year immediately following the model year described in subparagraph (B); ``(D) the term `year 4' means the model year immediately following the model year described in subparagraph (C); ``(E) the term `year 5' means the model year immediately following the model year described in subparagraph (D); ``(F) the term `year 6' means the model year immediately following the model year described in subparagraph (E); ``(G) the term `year 7' means the model year immediately following the model year described in subparagraph (F); ``(H) the term `year 8' means the model year immediately following the model year described in subparagraph (G); ``(I) the term `year 9' means the model year immediately following the model year described in subparagraph (H); and ``(J) the term `year 10' means the model year immediately following the model year described in subparagraph (I). ``(b) Production Credits for Exceeding Flexible Fuel Automobile Production Requirement.-- ``(1) Earning and period for applying credits.--If the number of dual fueled automobiles manufactured by a manufacturer in a particular model year exceeds the number required under subsection (a), the manufacturer earns credits under this section, which may be applied to any of the 3 consecutive model years immediately after the model year for which the credits are earned. ``(2) Trading credits.--A manufacturer that has earned credits under paragraph (1) may sell credits to another manufacturer to enable the purchaser to meet the requirement under subsection (a).''. (2) Technical amendment.--The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: ``32902A. Requirement to manufacture dual fueled automobiles.''. (b) Activities to Promote the Use of Certain Alternative Fuels.-- The Secretary of Transportation shall carry out activities to promote the use of fuel mixtures containing gasoline or diesel fuel and 1 or more alternative fuels, including a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels, to power automobiles in the United States. SEC. 3. MANUFACTURING INCENTIVES FOR DUAL FUELED AUTOMOBILES. Section 32905(b) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' before ``Except''; (3) by striking ``model years 1993-2010'' and inserting ``model year 1993 through the first model year beginning not less than 18 months after the date of enactment of the Fuel Security and Consumer Choice Act''; and (4) by adding at the end the following: ``(2) Except as provided in paragraph (5) of this subsection, subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in the first model year beginning not less than 30 months after the date of enactment of the Fuel Security and Consumer Choice Act by dividing 1.0 by the sum of-- ``(A) 0.7 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and ``(B) 0.3 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel. ``(3) Except as provided in paragraph (5) of this subsection, subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in the first model year beginning not less than 42 months after the date of enactment of the Fuel Security and Consumer Choice Act by dividing 1.0 by the sum of-- ``(A) 0.9 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and ``(B) 0.1 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel. ``(4) Except as provided in subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in each model year beginning not less than 54 months after the date of enactment of the Fuel Security and Consumer Choice Act in accordance with section 32904(c) of this title. ``(5) Notwithstanding paragraphs (2) through (4) of this subsection, the fuel economy for all dual fueled automobiles manufactured to comply with the requirements under section 32902A(a) of this title, including automobiles for which dual fueled automobile credits have been used or traded under section 32902A(b) of this title, shall be measured in accordance with section 32904(c) of this title.''.

Fuel Security and Consumer Choice Act - Amends federal transportation law to require manufacturers of new automobiles that can operate on gasoline or diesel fuel to manufacture such automobiles by increasing percentages for 10 model years and beyond. Allows manufacturers to earn credits which may be applied to any three consecutive model years after the year in which they were earned if the manufacturer exceeds the number of dual fueled automobiles required to be manufactured in a particular year. Authorizes a manufacturer to sell credits to another manufacturer to enable the purchaser to meet the percentage requirements under this Act. Requires the Administrator of the Environmental Protection Agency (EPA) to measure the fuel economy for each model of dual fueled automobile based on certain formulas.

To require that an increasing percentage of new automobiles be dual fueled automobiles, to revise the method for calculating corporate average fuel economy for such vehicles, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fuel Security and Consumer Choice Act". <SECTION-HEADER> REQUIREMENT TO MANUFACTURER DUAL FUELED AUTOMOBILES. Requirement. In general. Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: "Section 32902A. Requirement to manufacture dual fueled automobiles Requirement. In general. Each manufacturer of new automobiles that are capable of operating on gasoline or diesel fuel shall ensure that the percentage of such automobiles, manufactured in any model year beginning not less than 18 months after the date of enactment of this section and distributed in commerce for sale in the United States, which are dual fueled automobiles is equal to not less than the applicable percentage set forth in the following table: The percentage of dual fueled auto- "For each of the following mobiles manufactured model years: shall be not less than: year 1.................... 10 year 2.................... 20 year 3.................... 30 year 4.................... 40 year 5.................... 50 year 6.................... 60 year 7.................... 70 year 8.................... 80 year 9.................... 90 year 10 and beyond.............. 100. Model years. For purposes of the table under paragraph (1) the term `year 1' means the first model year beginning not less than 18 months after the date of enactment of this section. The term `year 2' means the model year immediately following the model year described in subparagraph (A). The term `year 3' means the model year immediately following the model year described in subparagraph (B). The term `year 4' means the model year immediately following the model year described in subparagraph (C). The term `year 5' means the model year immediately following the model year described in subparagraph (D). The term `year 6' means the model year immediately following the model year described in subparagraph (E). The term `year 7' means the model year immediately following the model year described in subparagraph (F). The term `year 8' means the model year immediately following the model year described in subparagraph (G). The term `year 9' means the model year immediately following the model year described in subparagraph (H). And the term `year 10' means the model year immediately following the model year described in subparagraph (I). Production Credits for Exceeding Flexible Fuel Automobile Production Requirement. Earning and period for applying credits. If the number of dual fueled automobiles manufactured by a manufacturer in a particular model year exceeds the number required under subsection (a), the manufacturer earns credits under this section, which may be applied to any of the 3 consecutive model years immediately after the model year for which the credits are earned. Trading credits. A manufacturer that has earned credits under paragraph (1) may sell credits to another manufacturer to enable the purchaser to meet the requirement under subsection (a).". Technical amendment. The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: "32902A. Requirement to manufacture dual fueled automobiles.". Activities to Promote the Use of Certain Alternative Fuels. The Secretary of Transportation shall carry out activities to promote the use of fuel mixtures containing gasoline or diesel fuel and 1 or more alternative fuels, including a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels, to power automobiles in the United States. <SECTION-HEADER> MANUFACTURING INCENTIVES FOR DUAL FUELED AUTOMOBILES. Section 32905(b) of title 49, United States Code, is amended by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, by inserting "(1)" before "Except". By striking "model years 1993-2010" and inserting "model year 1993 through the first model year beginning not less than 18 months after the date of enactment of the Fuel Security and Consumer Choice Act". And by adding at the end the following: Except as provided in paragraph (5) of this subsection, subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in the first model year beginning not less than 30 months after the date of enactment of the Fuel Security and Consumer Choice Act by dividing 1.0 by the sum of 0.7 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel. And 0.3 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel. Except as provided in paragraph (5) of this subsection, subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in the first model year beginning not less than 42 months after the date of enactment of the Fuel Security and Consumer Choice Act by dividing 1.0 by the sum of 0.9 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel. And 0.1 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel. Except as provided in subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in each model year beginning not less than 54 months after the date of enactment of the Fuel Security and Consumer Choice Act in accordance with section 32904(c) of this title. Notwithstanding paragraphs (2) through (4) of this subsection, the fuel economy for all dual fueled automobiles manufactured to comply with the requirements under section 32902A(a) of this title, including automobiles for which dual fueled automobile credits have been used or traded under section 32902A(b) of this title, shall be measured in accordance with section 32904(c) of this title.".

Fuel Security and Consumer Choice Act - Amends federal transportation law to require manufacturers of new automobiles that can operate on gasoline or diesel fuel to manufacture such automobiles by increasing percentages for 10 model years and beyond. Allows manufacturers to earn credits which may be applied to any three consecutive model years after the year in which they were earned if the manufacturer exceeds the number of dual fueled automobiles required to be manufactured in a particular year. Authorizes a manufacturer to sell credits to another manufacturer to enable the purchaser to meet the percentage requirements under this Act. Requires the Administrator of the Environmental Protection Agency (EPA) to measure the fuel economy for each model of dual fueled automobile based on certain formulas.

To require that an increasing percentage of new automobiles be dual fueled automobiles, to revise the method for calculating corporate average fuel economy for such vehicles, and for other purposes.

110_hr5702

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Advance Directive Promotion Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Improvement of policies related to the use and portability of advance directives. Sec. 3. Medicare coverage of an end-of-life planning consultation as part of an initial preventive physical examination. Sec. 4. National information hotline for end-of-life decisionmaking and hospice care. Sec. 5. Increasing awareness of the importance of end-of-life planning. SEC. 2. IMPROVEMENT OF POLICIES RELATED TO THE USE AND PORTABILITY OF ADVANCE DIRECTIVES. (a) Medicare.--Section 1866(f) of the Social Security Act (42 U.S.C. 1395cc(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by inserting ``and if presented by the individual (or on behalf of the individual), to include the content of such advance directive in a prominent part of such record'' before the semicolon at the end; (B) in subparagraph (D), by striking ``and'' after the semicolon at the end; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide each such individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional.''; (2) in paragraph (3), by striking ``a written'' and inserting ``an''; and (3) by adding at the end the following new paragraph: ``(5)(A) In addition to the requirements of paragraph (1), a provider of services shall give effect to a valid advance directive executed outside the State in which such directive is presented to the same extent as such provider would give effect to a valid advance directive executed under the law of the State in which it is presented. In the absence of knowledge to the contrary, such a provider may presume that such an advance directive executed outside the State in which it is presented is valid. Nothing in this paragraph shall be construed to authorize the administration of health care treatment otherwise prohibited by the laws of the State in which the directive is presented. ``(B) The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes with respect to health care.''. (b) Medicaid.--Section 1902(w) of the Social Security Act (42 U.S.C. 1396a(w)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B)-- (i) by striking ``in the individual's medical record'' and inserting ``in a prominent part of the individual's current medical record''; and (ii) by inserting ``and if presented by the individual (or on behalf of the individual), to include the content of such advance directive in a prominent part of such record'' before the semicolon at the end; (B) in subparagraph (D), by striking ``and'' after the semicolon at the end; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide each such individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional.''; (2) in paragraph (4), by striking ``a written'' and inserting ``an''; and (3) by adding at the end the following paragraph: ``(6)(A) In addition to the requirements of paragraph (1), a provider shall give effect to a valid advance directive executed outside the State in which such directive is presented to the same extent as such provider would give effect to a valid advance directive executed under the law of the State in which it is presented. In the absence of knowledge to the contrary, such a provider may presume that such an advance directive executed outside the State in which it is presented is valid. Nothing in this paragraph shall be construed to authorize the administration of health care treatment otherwise prohibited by the laws of the State in which the directive is presented. ``(B) The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes with respect to health care.''. (c) Effective Dates.-- (1) In general.--Subject to paragraph (2), the amendments made by subsections (a) and (b) shall apply to provider agreements entered into, renewed, or extended under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), and to State plans under title XIX of such Act (42 U.S.C. 1396 et seq.), on or after such date as the Secretary of Health and Human Services specifies, but in no case may such date be later than 1 year after the date of enactment of this Act. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by subsection (b), 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 these additional requirements 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 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 the session is considered to be a separate regular session of the State legislature. SEC. 3. MEDICARE COVERAGE OF AN END-OF-LIFE PLANNING CONSULTATION AS PART OF AN INITIAL PREVENTIVE PHYSICAL EXAMINATION. (a) In General.--Section 1861(ww) of the Social Security Act (42 U.S.C. 1395x(ww)) is amended-- (1) in paragraph (1), by striking ``paragraph (2),'' and inserting ``paragraph (2) and an end-of-life planning consultation (as defined in paragraph (3)),''; and (2) by adding at the end the following new paragraph: ``(3) For purposes of paragraph (1), the term `end-of-life planning consultation' means a consultation between the physician and an individual regarding-- ``(A) the importance of preparing advance directives in case an injury or illness causes the individual to be unable to make health care decisions; ``(B) the situations in which an advance directive is likely to be relied upon; ``(C) the reasons why the development of a comprehensive end-of-life plan is beneficial and the reasons why such a plan should be updated periodically as the health of the individual changes; ``(D) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decision maker (also known as a health care proxy); and ``(E) whether or not the physician is willing to follow the individual's wishes as expressed in an advance directive.''. (b) Effective Date.--The amendments made by this section shall apply to initial preventive physical examinations furnished on or after January 1, 2009. SEC. 4. NATIONAL INFORMATION HOTLINE FOR END-OF-LIFE DECISIONMAKING AND HOSPICE CARE. The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall operate directly, or by grant, contract, or interagency agreement, out of funds otherwise appropriated to the Secretary, a clearinghouse and a 24-hour toll-free telephone hotline in order to provide consumer information about advance directives (as defined in section 1866(f)(3) of the Social Security Act (42 U.S.C. 1395cc(f)(3)), as amended by section 2(a)), end-of-life decisionmaking, and available end-of-life and hospice care services. In carrying out the preceding sentence, the Administrator may designate an existing clearinghouse and 24-hour toll- free telephone hotline or, if no such entity is appropriate, may establish a new clearinghouse and a 24-hour toll-free telephone hotline. SEC. 5. INCREASING AWARENESS OF THE IMPORTANCE OF END-OF-LIFE PLANNING. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following new part: ``PART S--PROGRAMS TO INCREASE AWARENESS OF ADVANCE DIRECTIVE PLANNING ISSUES ``SEC. 399FF. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS. ``(a) Advance Directive Education Campaign.--The Secretary shall, directly or through grants awarded under subsection (b), conduct a national public education campaign-- ``(1) to raise public awareness of the importance of planning for care near the end of life; ``(2) to improve the public's understanding of the various situations in which individuals may find themselves if they become unable to express their health care wishes; ``(3) to explain the need for readily available legal documents that express an individual's wishes, through advance directives (including living wills, comfort care orders, and durable powers of attorney for health care); and ``(4) to educate the public about the availability of hospice care and palliative care. ``(b) Grants.-- ``(1) In general.--The Secretary shall use at least 60 percent of the funds appropriated under subsection (c) for the purpose of awarding grants to public or nonprofit private entities (including States or political subdivisions of a State), or a consortium of any of such entities, for the purpose of conducting education campaigns under subsection (a). ``(2) Period.--Any grant awarded under paragraph (1) shall be for a period of 3 years. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000.''.

Advance Directive Promotion Act of 2008 - Amends title XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require a service provider, MedicareChoice organization, or prepaid or eligible organization to include the content of an advanced directive in a prominent part of an individual's current medical record. Requires a service provider to give effect to a valid advance directive executed outside the state in which such directive is presented to the same extent as such provider would give effect to a valid advance directive executed under the law of the state in which it is presented. Requires an initial preventative physical examination to include an end-of-life planning consultation. Directs the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare Medicaid Services, to operate a clearinghouse and a 24-hour toll free telephone hotline in order to provide consumer information about advance directives, end-of-life decisionmaking, and available end-of-life and hospice care services. Amends the Public Health Service Act to direct the Secretary, directly or through grants to public or nonprofit private entities, to conduct a national public education campaign to increase awareness of advance directive planning.

To amend titles XVIII and XIX of the Social Security Act to promote the use of advance directives, and for other purposes.

<SECTION-HEADER> SHORT TITLE. TABLE OF CONTENTS. Short Title. This Act may be cited as the "Advance Directive Promotion Act of 2008". Table of Contents. The table of contents of this Act is as follows: <SECTION-HEADER> Short title. Table of contents. <SECTION-HEADER> Improvement of policies related to the use and portability of advance directives. <SECTION-HEADER> Medicare coverage of an end-of-life planning consultation as part of an initial preventive physical examination. <SECTION-HEADER> National information hotline for end-of-life decisionmaking and hospice care. <SECTION-HEADER> Increasing awareness of the importance of end-of-life planning. <SECTION-HEADER> IMPROVEMENT OF POLICIES RELATED TO THE USE AND PORTABILITY OF ADVANCE DIRECTIVES. Medicare. Section 1866(f) of the Social Security Act (42 USC. 1395cc(f)) is amended in paragraph (1) in subparagraph (B), by inserting "and if presented by the individual , to include the content of such advance directive in a prominent part of such record" before the semicolon at the end. In subparagraph (D), by striking "and" after the semicolon at the end. In subparagraph (E), by striking the period at the end and inserting ", and". And by inserting after subparagraph (E) the following new subparagraph: to provide each such individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional.", in paragraph (3), by striking "a written" and inserting "an". And by adding at the end the following new paragraph: (A) In addition to the requirements of paragraph (1), a provider of services shall give effect to a valid advance directive executed outside the State in which such directive is presented to the same extent as such provider would give effect to a valid advance directive executed under the law of the State in which it is presented. In the absence of knowledge to the contrary, such a provider may presume that such an advance directive executed outside the State in which it is presented is valid. Nothing in this paragraph shall be construed to authorize the administration of health care treatment otherwise prohibited by the laws of the State in which the directive is presented. The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes with respect to health care.". Medicaid. Section 1902(w) of the Social Security Act (42 USC. 1396a(w)) is amended in paragraph (1) in subparagraph (B) by striking "in the individual's medical record" and inserting "in a prominent part of the individual's current medical record". And by inserting "and if presented by the individual , to include the content of such advance directive in a prominent part of such record" before the semicolon at the end. In subparagraph (D), by striking "and" after the semicolon at the end. In subparagraph (E), by striking the period at the end and inserting ", and". And by inserting after subparagraph (E) the following new subparagraph: to provide each such individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional.", in paragraph (4), by striking "a written" and inserting "an". And by adding at the end the following paragraph: (A) In addition to the requirements of paragraph (1), a provider shall give effect to a valid advance directive executed outside the State in which such directive is presented to the same extent as such provider would give effect to a valid advance directive executed under the law of the State in which it is presented. In the absence of knowledge to the contrary, such a provider may presume that such an advance directive executed outside the State in which it is presented is valid. Nothing in this paragraph shall be construed to authorize the administration of health care treatment otherwise prohibited by the laws of the State in which the directive is presented. The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes with respect to health care.". Effective Dates. In general. Subject to paragraph (2), the amendments made by subsections (a) and (b) shall apply to provider agreements entered into, renewed, or extended under title XVIII of the Social Security Act , and to State plans under title XIX of such Act , on or after such date as the Secretary of Health and Human Services specifies, but in no case may such date be later than 1 year after the date of enactment of this Act. Extension of effective date for state law amendment. In the case of a State plan under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by subsection (b), 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 these additional requirements 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 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 the session is considered to be a separate regular session of the State legislature. <SECTION-HEADER> MEDICARE COVERAGE OF AN END-OF-LIFE PLANNING CONSULTATION AS PART OF AN INITIAL PREVENTIVE PHYSICAL EXAMINATION. In General. Section 1861(ww) of the Social Security Act (42 USC. 1395x(ww)) is amended in paragraph (1), by striking "paragraph (2)," and inserting "paragraph (2) and an end-of-life planning consultation (as defined in paragraph (3)),". And by adding at the end the following new paragraph: For purposes of paragraph (1), the term `end-of-life planning consultation' means a consultation between the physician and an individual regarding the importance of preparing advance directives in case an injury or illness causes the individual to be unable to make health care decisions. The situations in which an advance directive is likely to be relied upon. The reasons why the development of a comprehensive end-of-life plan is beneficial and the reasons why such a plan should be updated periodically as the health of the individual changes. The identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decision maker. And whether or not the physician is willing to follow the individual's wishes as expressed in an advance directive.". Effective Date. The amendments made by this section shall apply to initial preventive physical examinations furnished on or after January 1, 2009. <SECTION-HEADER> NATIONAL INFORMATION HOTLINE FOR END-OF-LIFE DECISIONMAKING AND HOSPICE CARE. The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare Medicaid Services, shall operate directly, or by grant, contract, or interagency agreement, out of funds otherwise appropriated to the Secretary, a clearinghouse and a 24-hour toll-free telephone hotline in order to provide consumer information about advance directives (as defined in section 1866(f)(3) of the Social Security Act (42 USC. 1395cc(f)(3)), as amended by section 2(a)), end-of-life decisionmaking, and available end-of-life and hospice care services. In carrying out the preceding sentence, the Administrator may designate an existing clearinghouse and 24-hour toll- free telephone hotline or, if no such entity is appropriate, may establish a new clearinghouse and a 24-hour toll-free telephone hotline. <SECTION-HEADER> INCREASING AWARENESS OF THE IMPORTANCE OF END-OF-LIFE PLANNING. Title III of the Public Health Service Act is amended by adding at the end the following new part: "PART S PROGRAMS TO INCREASE AWARENESS OF ADVANCE DIRECTIVE PLANNING ISSUES "Section 399FF. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS. Advance Directive Education Campaign. The Secretary shall, directly or through grants awarded under subsection (b), conduct a national public education campaign to raise public awareness of the importance of planning for care near the end of life. To improve the public's understanding of the various situations in which individuals may find themselves if they become unable to express their health care wishes. To explain the need for readily available legal documents that express an individual's wishes, through advance directives. And to educate the public about the availability of hospice care and palliative care. Grants. In general. The Secretary shall use at least 60 percent of the funds appropriated under subsection (c) for the purpose of awarding grants to public or nonprofit private entities , or a consortium of any of such entities, for the purpose of conducting education campaigns under subsection (a). Period. Any grant awarded under paragraph (1) shall be for a period of 3 years. Authorization of Appropriations. There are authorized to be appropriated to carry out this section $25,000,000.".

Advance Directive Promotion Act of 2008 - Amends title XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require a service provider, MedicareChoice organization, or prepaid or eligible organization to include the content of an advanced directive in a prominent part of an individual's current medical record. Requires a service provider to give effect to a valid advance directive executed outside the state in which such directive is presented to the same extent as such provider would give effect to a valid advance directive executed under the law of the state in which it is presented. Requires an initial preventative physical examination to include an end-of-life planning consultation. Directs the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare Medicaid Services, to operate a clearinghouse and a 24-hour toll free telephone hotline in order to provide consumer information about advance directives, end-of-life decisionmaking, and available end-of-life and hospice care services. Amends the Public Health Service Act to direct the Secretary, directly or through grants to public or nonprofit private entities, to conduct a national public education campaign to increase awareness of advance directive planning.

To amend titles XVIII and XIX of the Social Security Act to promote the use of advance directives, and for other purposes.

103_hr417

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Securities Private Enforcement Reform Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) excessive securities litigation is a serious burden on the national economy, diverting limited capital resources to less productive areas; (2) meritless lawsuits filed under Federal securities laws are making it harder for American companies to raise capital and attract experienced members to serve on their boards; (3) in the past 3 years, issuers of 1 out of every 12 stocks traded on the New York Stock Exchange have been sued for securities fraud; (4) in the securities fraud area, the civil justice system is being transformed into a nonmerit-based, unjust system, in which professional plaintiffs extract settlements from entrepreneurs, regardless of the merits of the cases filed; (5) such securities lawsuits impose additional costs on publicly traded companies, often force them into bankruptcy, and create job losses within the economy; (6) such securities fraud lawsuits stifle the development of future products by compelling investment bankers and accounting firms, whose assistance is essential for accessing capital markets, to resist working with new venture firms because of the higher risk of litigation associated with them; and (7) reform in the securities fraud laws are needed to ensure that the courts can properly hear and adjudicate securities fraud cases. SEC. 3. PRIVATE CIVIL ACTION PROCEDURES. The Securities Exchange Act of 1934 is amended by inserting after section 20A (15 U.S.C. 78u-1) the following new section: ``private civil action procedures ``Sec. 20B. (a) Requirement of Proportionate Liability.-- ``(1) Limitation on joint and several liability.--A defendant who is found liable for damages in an implied private action arising under a provision of this Act may be liable jointly and severally only if the trier of fact specifically determines that the defendant engaged in knowing securities fraud, as defined in paragraph (3). ``(2) Determination of liability.--If the trier of fact does not find, pursuant to paragraph (1), that the defendant engaged in knowing securities fraud, the defendant's liability shall be determined as follows: ``(A) The trier of fact shall determine the percentage of responsibility of the plaintiff, of each of the defendants and of each of the other persons or entities alleged by the parties to have caused or contributed to the harm alleged by the plaintiff. In determining the percentages of responsibility, the trier of fact shall consider both the nature of the conduct of each person and the nature and extent of the causal relationship between that conduct and the damage claimed by the plaintiff. ``(B) For each defendant, the trier of fact shall then multiply the defendant's percentage of responsibility by the total amount of damage suffered by the plaintiff that was caused in whole or in part by that defendant and shall enter a verdict or judgment against the defendant in that amount. No defendant whose liability is determined under this subsection shall be jointly liable on any judgment entered against any other party to the action. ``(C) Except where contractual relationship permits, no defendant whose liability is determined under this subsection shall have a right to recover from another defendant any portion of the judgment entered against him. ``(3) Definition.--A defendant engages in `knowing securities fraud' only if he (A) makes a material representation with actual knowledge that the representation is false or omits to make a statement with actual knowledge that, as a result of the omission, one of his material representations is false; and (B) knows that other persons are likely to rely on that misrepresentation or omission. Reckless conduct by the defendant shall not constitute `knowing securities fraud'. The liability in damages, in any, of a defendant who acts in a reckless manner shall be determined in accordance with paragraph (3). ``(4) Coverage of provision.--This subsection relates only to the allocation of damages among defendants. Nothing herein shall affect the standards for liability under any implied private action arising under a provision of this Act. ``(b) Awards of Attorney Fees.-- ``(1) Authority to award fees.--If the court in any implied private action arising under this Act enters a final judgment against a party litigant on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon motion by the prevailing party, award the prevailing party reasonable fees and other expenses incurred by that party unless the court determines that the position of the losing party was substantially justified. If the court determines that the position of the losing party was substantially justified, it shall not award fees and other expenses to the prevailing party. The determination whether the position of the losing party was substantially justified shall be made on the basis of the record which is made in the civil action for which fees and other expenses are sought. ``(2) Application for fees.--A party seeking an award of fees and other expenses shall, within 30 days of a final, nonappealable judgment in the action, submit to the court an application for fees and other expenses that verifies that the party is entitled to such an award under paragraph (1) and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing on behalf of the party stating the actual time expended and the rate at which fees and other expenses are computed. ``(3) Allocation and size of award.--The court, in its discretion, may-- ``(A) determine whether the amount to be awarded pursuant to this section shall be awarded against the unsuccessful party, its attorney, or both; and ``(B) reduce the amount to be awarded pursuant to this section, or deny an award, to the extent that the prevailing party during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy. ``(4) Awards in discovery proceedings.--In adjudicating any motion for an order compelling discovery or any motion for a protective order made in any implied private action arising under this Act, the court shall award the prevailing party reasonable fees and other expenses incurred by the party in bringing or defending against the motion, including reasonable attorney fees, unless the court finds that special circumstances make an award unjust. ``(5) Definitions.--For purposes of this subsection-- ``(A) The term `fees and other expenses' includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, report, test, or project which is found by the court to be necessary for the preparation of the party's case, and reasonable attorney fees and expenses. The amount of fees awarded under this section shall be based upon prevailing market rates for the kind and quality of services furnished. ``(B) The term `substantially justified' shall have the same meaning as in section 2412(d)(1) of title 28, United States Code. ``(c) Abusive Practices..-- ``(1) Shares of awards to representative plaintiffs.--In any implied private action arising under this Act that is certified as a plaintiff class action pursuant to the Federal rules of civil procedures, the share of any final judgment or of any settlement that is awarded to any party serving as a representative plaintiff shall be calculated in the same manner as the shares of the final judgment or settlement awarded to all other members of the plaintiff class. ``(2) Representation of class actions.--(A) In any implied private action arising under this Act that is certified as a plaintiff class action pursuant to the Federal rules of civil procedure, the plaintiff class may not be represented by (i) any attorney who directly or indirectly owned or otherwise had a beneficial interest in the securities that are the subject of the litigation, or (ii) any attorney affiliated with such an attorney. An attorney who knowingly violates this prohibition shall be barred from representing any party in any action arising under this Act or under the Securities Act of 1933. ``(B) In any implied private action arising under this Act that is certified as a plaintiff class action, an attorney may not represent the plaintiff class if the attorney has paid or is obligated to pay a fee to a third party who assisted him in obtaining the representation of any party to the action. An attorney who knowingly violates this prohibition shall be barred from representing any party in any action arising under this Act or under the Securities Act of 1933. ``(3) Disgorged funds.--(A) Funds disgorged as a result of any action brought by the Commission in Federal court or of any Commission administrative action shall not be distributed as payment for attorney fees or expenses incurred by private parties seeking distribution of the disgorged funds. ``(B) Any judgment awarded against any person in any implied private action arising under this Act shall be diminished by the amounts, if any, that such person has been or may be required to disgorge, pursuant to a court order obtained at the instance of the Commission in a proceeding brought under section 21(d) of this Act, or in connection with any Commission administrative action, relating to the same alleged misconduct. ``(d) Burden of Proof.--In any implied cause of action arising under this Act in which the plaintiff may recover money damages only if it proves that the defendant acted with scienter, the plaintiff must establish that element of his claim by clear and convincing evidence in order to establish a right to recover money damages. ``(e) Pleading Requirement.--In any implied cause of action arising under this Act in which the plaintiff may recover money damages only if it proves that the defendant acted with scienter, the plaintiff must allege in its complaint facts suggesting that the defendant acted with that state of mind. ``(f) Aiding and Abetting Liability.--In any implied cause of action arising under this Act in which the plaintiff may recover damages only if it proves that the defendant acted with scienter, a defendant may be held liable as an aider and abettor only if the plaintiff proves that the defendant knew that another party had violated a provision of this Act and that the defendant, acting with deliberate intent to deceive, manipulate, or defraud for the defendant's own direct pecuniary benefit, provided substantial assistance to the other party's violation. Direct pecuniary benefit shall not include ordinary compensation for services provided.''. SEC. 4. TIME LIMITATION ON PRIVATE RIGHTS OF ACTION. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding at the end the following new section: ``SEC. 36. LIMITATION ON PRIVATE RIGHTS OF ACTION. ``Except as otherwise provided in this Act, any private right of action arising from a violation of this Act shall be brought not later than the earlier of-- ``(1) 5 years after the date on which such violation occurred; or ``(2) one year after the date on which the violation was discovered or should have been discovered through the exercise of reasonable diligence.''. SEC. 5. EFFECTIVE DATE. The provisions of this Act shall apply to all actions commenced on or after the date of the enactment of this Act.

Securities Private Enforcement Reform Act - Amends the Securities Exchange Act of 1934 to declare that a defendant may be liable jointly and severally for damages in an implied private action only if the trier of fact specifically determines that the defendant knowingly engaged in securities fraud. Sets forth a liability allocation scheme to determine the percentage of responsibility among the defendants if the trier of fact finds that the defendant did not engage in knowing securities fraud. Prescribes guidelines for the award of reasonable fees and expenses incurred by the prevailing party in any implied private action. Declares that in any implied right of action that is certified as a plaintiff class action: (1) the share that is awarded to the representative plaintiff shall be calculated in the same manner as the share awarded to all other members of the plaintiff class. (2) a party may not be represented by any attorney who owns or has a beneficial interest in the securities that are the subject of the litigation, or who is obligated to pay remuneration to a third party for assistance in obtaining the representation of any party to the action. And (3) funds disgorged as a result of Securities and Exchange Commission action shall not be distributed as payment for attorneys' fees or expenses incurred by private parties seeking distribution of the disgorged funds. Sets a statute of limitations on private rights of action under this Act.

Securities Private Enforcement Reform Act

SECTION. 1. SHORT TITLE. This Act may be cited as the "Securities Private Enforcement Reform Act". <SECTION-HEADER> FINDINGS. The Congress finds that excessive securities litigation is a serious burden on the national economy, diverting limited capital resources to less productive areas. Meritless lawsuits filed under Federal securities laws are making it harder for American companies to raise capital and attract experienced members to serve on their boards. In the past 3 years, issuers of 1 out of every 12 stocks traded on the New York Stock Exchange have been sued for securities fraud. In the securities fraud area, the civil justice system is being transformed into a nonmerit-based, unjust system, in which professional plaintiffs extract settlements from entrepreneurs, regardless of the merits of the cases filed. Such securities lawsuits impose additional costs on publicly traded companies, often force them into bankruptcy, and create job losses within the economy. Such securities fraud lawsuits stifle the development of future products by compelling investment bankers and accounting firms, whose assistance is essential for accessing capital markets, to resist working with new venture firms because of the higher risk of litigation associated with them. And reform in the securities fraud laws are needed to ensure that the courts can properly hear and adjudicate securities fraud cases. <SECTION-HEADER> PRIVATE CIVIL ACTION PROCEDURES. The Securities Exchange Act of 1934 is amended by inserting after section 20A the following new section: "private civil action procedures "Section 20B. (a) Requirement of Proportionate Liability. Limitation on joint and several liability. A defendant who is found liable for damages in an implied private action arising under a provision of this Act may be liable jointly and severally only if the trier of fact specifically determines that the defendant engaged in knowing securities fraud, as defined in paragraph (3). Determination of liability. If the trier of fact does not find, pursuant to paragraph (1), that the defendant engaged in knowing securities fraud, the defendant's liability shall be determined as follows: The trier of fact shall determine the percentage of responsibility of the plaintiff, of each of the defendants and of each of the other persons or entities alleged by the parties to have caused or contributed to the harm alleged by the plaintiff. In determining the percentages of responsibility, the trier of fact shall consider both the nature of the conduct of each person and the nature and extent of the causal relationship between that conduct and the damage claimed by the plaintiff. For each defendant, the trier of fact shall then multiply the defendant's percentage of responsibility by the total amount of damage suffered by the plaintiff that was caused in whole or in part by that defendant and shall enter a verdict or judgment against the defendant in that amount. No defendant whose liability is determined under this subsection shall be jointly liable on any judgment entered against any other party to the action. Except where contractual relationship permits, no defendant whose liability is determined under this subsection shall have a right to recover from another defendant any portion of the judgment entered against him. Definition. A defendant engages in `knowing securities fraud' only if he (A) makes a material representation with actual knowledge that the representation is false or omits to make a statement with actual knowledge that, as a result of the omission, one of his material representations is false. And (B) knows that other persons are likely to rely on that misrepresentation or omission. Reckless conduct by the defendant shall not constitute `knowing securities fraud'. The liability in damages, in any, of a defendant who acts in a reckless manner shall be determined in accordance with paragraph (3). Coverage of provision. This subsection relates only to the allocation of damages among defendants. Nothing herein shall affect the standards for liability under any implied private action arising under a provision of this Act. Awards of Attorney Fees. Authority to award fees. If the court in any implied private action arising under this Act enters a final judgment against a party litigant on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon motion by the prevailing party, award the prevailing party reasonable fees and other expenses incurred by that party unless the court determines that the position of the losing party was substantially justified. If the court determines that the position of the losing party was substantially justified, it shall not award fees and other expenses to the prevailing party. The determination whether the position of the losing party was substantially justified shall be made on the basis of the record which is made in the civil action for which fees and other expenses are sought. Application for fees. A party seeking an award of fees and other expenses shall, within 30 days of a final, nonappealable judgment in the action, submit to the court an application for fees and other expenses that verifies that the party is entitled to such an award under paragraph (1) and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing on behalf of the party stating the actual time expended and the rate at which fees and other expenses are computed. Allocation and size of award. The court, in its discretion, may determine whether the amount to be awarded pursuant to this section shall be awarded against the unsuccessful party, its attorney, or both. And reduce the amount to be awarded pursuant to this section, or deny an award, to the extent that the prevailing party during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy. Awards in discovery proceedings. In adjudicating any motion for an order compelling discovery or any motion for a protective order made in any implied private action arising under this Act, the court shall award the prevailing party reasonable fees and other expenses incurred by the party in bringing or defending against the motion, including reasonable attorney fees, unless the court finds that special circumstances make an award unjust. Definitions. For purposes of this subsection The term `fees and other expenses' includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, report, test, or project which is found by the court to be necessary for the preparation of the party's case, and reasonable attorney fees and expenses. The amount of fees awarded under this section shall be based upon prevailing market rates for the kind and quality of services furnished. The term `substantially justified' shall have the same meaning as in section 2412(d)(1) of title 28, United States Code. Abusive Practices. Shares of awards to representative plaintiffs. In any implied private action arising under this Act that is certified as a plaintiff class action pursuant to the Federal rules of civil procedures, the share of any final judgment or of any settlement that is awarded to any party serving as a representative plaintiff shall be calculated in the same manner as the shares of the final judgment or settlement awarded to all other members of the plaintiff class. Representation of class actions. (A) In any implied private action arising under this Act that is certified as a plaintiff class action pursuant to the Federal rules of civil procedure, the plaintiff class may not be represented by (i) any attorney who directly or indirectly owned or otherwise had a beneficial interest in the securities that are the subject of the litigation, or (ii) any attorney affiliated with such an attorney. An attorney who knowingly violates this prohibition shall be barred from representing any party in any action arising under this Act or under the Securities Act of 1933. In any implied private action arising under this Act that is certified as a plaintiff class action, an attorney may not represent the plaintiff class if the attorney has paid or is obligated to pay a fee to a third party who assisted him in obtaining the representation of any party to the action. An attorney who knowingly violates this prohibition shall be barred from representing any party in any action arising under this Act or under the Securities Act of 1933. Disgorged funds. (A) Funds disgorged as a result of any action brought by the Commission in Federal court or of any Commission administrative action shall not be distributed as payment for attorney fees or expenses incurred by private parties seeking distribution of the disgorged funds. Any judgment awarded against any person in any implied private action arising under this Act shall be diminished by the amounts, if any, that such person has been or may be required to disgorge, pursuant to a court order obtained at the instance of the Commission in a proceeding brought under section 21(d) of this Act, or in connection with any Commission administrative action, relating to the same alleged misconduct. Burden of Proof. In any implied cause of action arising under this Act in which the plaintiff may recover money damages only if it proves that the defendant acted with scienter, the plaintiff must establish that element of his claim by clear and convincing evidence in order to establish a right to recover money damages. Pleading Requirement. In any implied cause of action arising under this Act in which the plaintiff may recover money damages only if it proves that the defendant acted with scienter, the plaintiff must allege in its complaint facts suggesting that the defendant acted with that state of mind. Aiding and Abetting Liability. In any implied cause of action arising under this Act in which the plaintiff may recover damages only if it proves that the defendant acted with scienter, a defendant may be held liable as an aider and abettor only if the plaintiff proves that the defendant knew that another party had violated a provision of this Act and that the defendant, acting with deliberate intent to deceive, manipulate, or defraud for the defendant's own direct pecuniary benefit, provided substantial assistance to the other party's violation. Direct pecuniary benefit shall not include ordinary compensation for services provided.". <SECTION-HEADER> TIME LIMITATION ON PRIVATE RIGHTS OF ACTION. The Securities Exchange Act of 1934 is amended by adding at the end the following new section: "Section 36. LIMITATION ON PRIVATE RIGHTS OF ACTION. "Except as otherwise provided in this Act, any private right of action arising from a violation of this Act shall be brought not later than the earlier of 5 years after the date on which such violation occurred. Or one year after the date on which the violation was discovered or should have been discovered through the exercise of reasonable diligence.". <SECTION-HEADER> EFFECTIVE DATE. The provisions of this Act shall apply to all actions commenced on or after the date of the enactment of this Act.

Securities Private Enforcement Reform Act - Amends the Securities Exchange Act of 1934 to declare that a defendant may be liable jointly and severally for damages in an implied private action only if the trier of fact specifically determines that the defendant knowingly engaged in securities fraud. Sets forth a liability allocation scheme to determine the percentage of responsibility among the defendants if the trier of fact finds that the defendant did not engage in knowing securities fraud. Prescribes guidelines for the award of reasonable fees and expenses incurred by the prevailing party in any implied private action. Declares that in any implied right of action that is certified as a plaintiff class action: (1) the share that is awarded to the representative plaintiff shall be calculated in the same manner as the share awarded to all other members of the plaintiff class. (2) a party may not be represented by any attorney who owns or has a beneficial interest in the securities that are the subject of the litigation, or who is obligated to pay remuneration to a third party for assistance in obtaining the representation of any party to the action. And (3) funds disgorged as a result of Securities and Exchange Commission action shall not be distributed as payment for attorneys' fees or expenses incurred by private parties seeking distribution of the disgorged funds. Sets a statute of limitations on private rights of action under this Act.

Securities Private Enforcement Reform Act

105_s913

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Home Health Care Prospective Payment Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Social Security Act. Sec. 3. Recapturing savings resulting from temporary freeze on payment increases for home health services. Sec. 4. Initial prospective payment for home health services. Sec. 5. Permanent prospective payment for home health services. Sec. 6. Payment based on location where home health service is furnished. Sec. 7. Elimination of periodic interim payments for home health agencies. Sec. 8. Establishment of home health benefit under Part A and transfer of other home health services to Part B. SEC. 2. AMENDMENTS TO THE SOCIAL SECURITY ACT. Whenever in this title an amendment is expressed in terms of an amendment to or repeal of section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 3. RECAPTURING SAVINGS RESULTING FROM TEMPORARY FREEZE ON PAYMENT INCREASES FOR HOME HEALTH SERVICES. (a) Basing Updates to per Visit Cost Limits on Limits for Fiscal Year 1993.--Section 1861(v)(1)(L) (42 U.S.C. 1395x(v)(1)(L)) is amended by adding after subclause (iii) the following: ``(iv) In establishing limits under this subparagraph for cost reporting periods beginning after September 30, 1997, the Secretary shall not take into account any changes in the home health market basket, as determined by the Secretary, with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996.''. (b) No Exceptions Permitted Based on Amendment.--The Secretary of Health and Human Services shall not consider the amendment made by subsection (a) in making any exemptions and exceptions pursuant to section 1861(v)(1)(L)(ii) of the Social Security Act. SEC. 4. INITIAL PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH SERVICES. (a) Reductions in Cost Limits.--Section 1861(v)(1)(L)(I) (42 U.S.C. 1395x(v)(1)(L)(I)) is amended-- (1) by inserting ``and before October 1, 1997,'' after ``July 1, 1987'' in subclause (III); (2) by striking the period at the end of the matter following subclause (III), and inserting ``, and''; and (3) by adding at the end the following new subclause: ``(IV) October 1, 1997, 105 percent of the median of the labor-related and nonlabor per visit costs for freestanding home health agencies.''. (b) Delay in Updates.--Section 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by adding ``, or on or after July 1, 1997, and before October 1, 1997'' after ``July 1, 1996''. (c) Additions to Predetermined Rates.--Section 1861(v)(1)(L) (42 U.S.C. 1395x(v)(1)(L)) is amended by inserting after clause (iii) the following: ``(iv) Rates for fiscal years 1998 through 1999.--For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, but before October 1, 1999, the Secretary shall provide for an interim system of rates. A rate shall be a payment equal to the lower of-- ``(I) cost determined under the preceding provisions of this subparagraph; or ``(II) an agency-specific per beneficiary annual limitation calculated from the agency's 12-month cost reporting period ending on or after January 1, 1993, and on or before December 31, 1993, based on reasonable costs (including nonroutine medical supplies), updated by the home health market basket index. The per beneficiary limitation shall be multiplied by the agency's unduplicated census count of patients (entitled to benefits under this title) for the year subject to the limitation or such other year determined by the Secretary to be required for the fair and efficient implementation of this section to determine the aggregate agency-specific per beneficiary limitation. ``(v) Special rules.--For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the following rules apply: ``(I) For new providers and those providers without a 12-month cost reporting period ending in calendar year 1994, the per beneficiary limitation shall be equal to the mean of these limits (or the Secretary's best estimates thereof) applied to home health agencies as determined by the Secretary. Home health agencies that have altered their corporate structure or name shall not be considered new providers for payment purposes. ``(II) For beneficiaries who use services furnished by more than 1 home health agency, the per beneficiary limitations shall be prorated among the agencies.''. ``(vi) Incentive payments.--Home health agencies whose year end reasonable costs are below the agency's per beneficiary aggregate limit (including costs and utilization) shall receive 50 percent of the difference between the reasonable costs and the aggregate limit.''. (d) Development of Case Mix System.--The Secretary shall expand research on a prospective payment system for home health agencies that ties prospective payments to a unit of service, including an intensive effort to develop a reliable case mix adjuster that explains a significant amount of the variances in costs. (e) Submission of Data for Case Mix System.--Effective for cost reporting periods beginning on or after October 1, 1997, the Secretary may require all home health agencies to submit additional information that the Secretary considers necessary for the development of a reliable case mix system. SEC. 5. PERMANENT PROSPECTIVE PAYMENT FOR HOME HEALTH SERVICES. Title XVIII (42 U.S.C. 1395 et seq.) is amended by adding after section 1893 the following: ``SEC. 1894. PERMANENT PROSPECTIVE PAYMENT FOR HOME HEALTH SERVICES. ``(a) In General.--Notwithstanding section 1861(v), the Secretary, for cost reporting periods beginning on or after October 1, 1999, shall provide for payments for home health services in accordance with a prospective payment system established by the Secretary. ``(b) Elements of System.--Such a system shall include the following: ``(1) Prospective payment amount.--All services covered and paid on a reasonable cost basis under the medicare home health benefit as of the date of the enactment of the Balanced Budget Act of 1997, including medical supplies, shall be subject to the prospective payment amount. In defining a prospective payment amount, the Secretary shall consider an appropriate unit of service and the number of visits provided within that unit, potential changes in the mix of services provided within that unit and their cost, and a general system design that provides for continued access to quality services. The prospective payment amount shall be based on the most current audited cost report data available to the Secretary or such other year determined by the Secretary to be required for the fair and efficient implementation of this section. ``(2) Use of case mix.--The Secretary shall employ an appropriate case mix adjustment that explains a significant amount of the variation in cost. ``(3) Annual adjustments.--The prospective payment amount shall be adjusted annually by the home health market basket index. The labor portion of the prospective payment amount shall be adjusted for geographic differences in labor-related costs based on the most current hospital wage index. ``(4) Outliers.--The Secretary may designate a payment provision for outliers, recognizing the need to adjust payments because of unusual variations in the type or amount of medically necessary care. ``(5) Proration of prospective payment amounts.--If a beneficiary elects to transfer to, or receive services from, another home health agency within the period covered by the prospective payment amount, the payment shall be prorated between home health agencies. ``(c) Savings.--Prior to implementing the permanent prospective system described in subsections (a) and (b) in a budget neutral fashion, the Secretary first shall reduce, up to 15 percent, the rates and per beneficiary limits described in section 1861(v)(1)(L), as those limits are in effect on September 30, 1999, in order to assure the projected scorable savings of this Act.''. SEC. 6. PAYMENT BASED ON LOCATION WHERE HOME HEALTH SERVICE IS FURNISHED. (a) Conditions of Participation.--Section 1891 (42 U.S.C. 1395bbb) is amended by adding at the end the following: ``(g) Payment on Basis of Location of Service.--A home health agency shall submit claims for payment for home health services under this title only on the basis of the geographic location at which the service is furnished, as determined by the Secretary.''. (b) Wage Adjustment.--Section 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by striking ``agency is located'' and inserting ``service is furnished''. (c) Effective Date.--The amendments made by this section apply to cost reporting periods beginning on or after October 1, 1997. SEC. 7. ELIMINATION OF PERIODIC INTERIM PAYMENTS FOR HOME HEALTH AGENCIES. (a) In General.--Section 1815(e)(2) (42 U.S.C. 1395g(e)(2)) is amended-- (1) by inserting ``and'' at the end of subparagraph (C); (2) by striking subparagraph (D); and (3) by redesignating subparagraph (E) as (D). (b) Effective Date.--The amendments made by subsection (a) apply to payments made on or after the implementation of section 1894 (as added by section 11273 of this Act). SEC. 8. ESTABLISHMENT OF HOME HEALTH BENEFIT UNDER PART A AND TRANSFER OF OTHER HOME HEALTH SERVICES TO PART B. (a) In General.--Section 1812(a)(3) (42 U.S.C. 1395d(a)(3)) is amended by inserting ``for up to 100 visits'' before the semicolon. (b) Conforming Amendments.--Section 1812(b) (42 U.S.C. 1395d(b)) is amended-- (1) by striking ``or'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; or''; and (3) by adding after paragraph (3) the following: ``(4) home health services furnished to the individual beginning after such services have been furnished to the individual for a total of 100 visits.''. (c) Clarification of Part-Time or Intermittent Nursing Care.-- Section 1861(m) (42 U.S.C. 1395x(m)) is amended by adding at the end the following: ``For purposes of paragraphs (1) and (4), the term `part-time or intermittent services' means skilled nursing and home health aide services furnished any number of days per week as long as they are furnished (combined) less than 8 hours each day and 28 or fewer hours each week (or, subject to review on a case-by-case basis as to the need for care, less than 8 hours each day and 35 or fewer hours per week). For purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A), `intermittent' means skilled nursing care that is either provided or needed on fewer than 7 days each week, or less than 8 hours of each day of skilled nursing and home health aide services combined for periods of 21 days or less (with extensions in exceptional circumstances when the need for additional care is finite and predictable).''. (d) Payments Under Part B.--Subparagraph (A) of section 1833(a)(2) (42 U.S.C. 1395l(a)(2)) is amended to read as follows: ``(A) with respect to home health services (other than a covered osteoporosis drug (as defined in section 1861(kk)), and to items and services described in section 1861(s)(10)(A), the amounts determined under section 1861(v)(1)(L) or section 1893, or, if the services are furnished by a public provider or services, or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this provision), free of charge, or at nominal charges to the public, the amount determined in accordance with section 1814(b)(2);''. (e) Exclusion of Additional Part B Costs From Determination of Part B Monthly Premium.--Section 1839(a) (42 U.S.C. 1395r(a)) is amended-- (1) in the second sentence of paragraph (3) (as amended by section 11301(a) of this Act), by inserting ``(except as provided in paragraph (5))'' before the period; and (2) by adding after paragraph (4) the following: ``(5) Exclusion of home health costs.--In estimating (for purposes of determining the monthly premium rate under paragraph (3)) the benefits and administrative costs which will be payable from the Federal Supplementary Medical Insurance Trust Fund for a year, the Secretary shall exclude an estimate of any benefits and administrative costs attributable to home health services for which payment would have been made under part A during the year but for paragraph (4) of section 1812(b).''. (f) Definition of Homebound.--Section 1814(a) (42 U.S.C. 1395f(a)) and section 1835(a) (42 U.S.C. 1395n(a)) are each amended by adding the following at the end: ``With respect to the previous two sentences, the individual must have a condition due to an illness or injury that restricts the individual's ability to leave the home for more than an average of 16 hours per calendar month for purposes other than to receive medical treatment that cannot be provided in the home; infrequent means an average of 5 or fewer absences per calendar month, excluding absences to receive medical treatment that cannot be furnished in the home; short duration means an absence from the home of 3 or fewer hours, on average per absence, within a calendar month excluding absences to receive medical treatment that cannot be furnished in the home; and medical treatment means services that are furnished by the physician or furnished based on and in conformance with the physician's order, by or under the supervision of a licensed health professional, and for the purpose of diagnosis or treatment of an illness or injury.''. (g) Normative Standards for Home Health Claims Denials.--Section 1862(a)(1) (42 U.S.C. 1395y(a)(1)) (as amended by section 11243(b)(2)(A) of this Act) is further amended-- (1) by striking ``and'' at the end of subparagraph (F); (2) by striking the semicolon at the end of subparagraph (G) and inserting ``, and''; and (3) by adding the following after subparagraph (G): ``(H) the frequency and duration of home health services which are in excess of normative guidelines that the Secretary shall establish by regulation;''. (h) Effective Date.-- (1) In general.--The amendments made by this section apply to services furnished on or after October 1, 1997. (2) Special rule.--If an individual is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), but is not enrolled in the insurance program established by part B of that title, the individual also shall be entitled under part A of that title to home health services that are not posthospital home health services (as those terms are defined under that title) furnished before the 19th month that begins after the date of enactment of this Act.

Home Health Care Prospective Payment Act - Amends title XVIII (Medicare) of the Social Security Act, with respect to the reasonable cost of home health services, to prohibit the Secretary of Health and Human Services, in establishing reasonable cost limits for cost reporting periods after FY 1997, from taking into account any changes in the home health market basket for cost reporting periods between July 1, 1994, and July 1, 1996 . Reduces the reasonable cost limits for home health services after October 1, 1997, from 112 percent to 105 percent of the median of the labor-related and nonlabor per visit costs for freestanding home health agencies. Provides for: (1) establishment of an interim prospective payment system (PPS) for home health services, with rates calculated according to a specified formula, beginning in FY 1998, with a permanent PPS beginning in FY 2000. (2) reimbursement of home health service costs on the basis of the geographic location where the service is furnished. (3) elimination of periodic interim payments for home health services upon implementation of a permanent PPS. (4) limitation of Medicare part A coverage of home health services to the first 100 visits following a hospital stay. (5) the definition of coverage of intermittent and part-time nursing care. (6) exclusion of home health service costs from the calculation of Medicare part B monthly premiums, (7) further definition of homebound. And (8) denial of claims for home health services in excess of normative standards for the frequency and duration of care.

Home Health Care Prospective Payment Act

<SECTION-HEADER> SHORT TITLE. TABLE OF CONTENTS. Short Title. This Act may be cited as the "Home Health Care Prospective Payment Act". Table of Contents. The table of contents of this Act is as follows: <SECTION-HEADER> Short title. Table of contents. <SECTION-HEADER> Amendments to the Social Security Act. <SECTION-HEADER> Recapturing savings resulting from temporary freeze on payment increases for home health services. <SECTION-HEADER> Initial prospective payment for home health services. <SECTION-HEADER> Permanent prospective payment for home health services. <SECTION-HEADER> Payment based on location where home health service is furnished. <SECTION-HEADER> Elimination of periodic interim payments for home health agencies. <SECTION-HEADER> Establishment of home health benefit under Part A and transfer of other home health services to Part B. <SECTION-HEADER> AMENDMENTS TO THE SOCIAL SECURITY ACT. Whenever in this title an amendment is expressed in terms of an amendment to or repeal of section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. <SECTION-HEADER> RECAPTURING SAVINGS RESULTING FROM TEMPORARY FREEZE ON PAYMENT INCREASES FOR HOME HEALTH SERVICES. Basing Updates to per Visit Cost Limits on Limits for Fiscal Year 1993. Section 1861(v)(1)(L) (42 USC. 1395x(v)(1)(L)) is amended by adding after subclause (iii) the following: In establishing limits under this subparagraph for cost reporting periods beginning after September 30, 1997, the Secretary shall not take into account any changes in the home health market basket, as determined by the Secretary, with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996.". No Exceptions Permitted Based on Amendment. The Secretary of Health and Human Services shall not consider the amendment made by subsection (a) in making any exemptions and exceptions pursuant to section 1861(v)(1)(L)(ii) of the Social Security Act. <SECTION-HEADER> INITIAL PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH SERVICES. Reductions in Cost Limits. Section 1861(v)(1)(L)(I) (42 USC. 1395x(v)(1)(L)(I)) is amended by inserting "and before October 1, 1997," after "July 1, 1987" in subclause (III). By striking the period at the end of the matter following subclause (III), and inserting ", and". And by adding at the end the following new subclause: October 1, 1997, 105 percent of the median of the labor-related and nonlabor per visit costs for freestanding home health agencies.". Delay in Updates. Section 1861(v)(1)(L)(iii) (42 USC. 1395x(v)(1)(L)(iii)) is amended by adding ", or on or after July 1, 1997, and before October 1, 1997" after "July 1, 1996". Additions to Predetermined Rates. Section 1861(v)(1)(L) (42 USC. 1395x(v)(1)(L)) is amended by inserting after clause (iii) the following: Rates for fiscal years 1998 through 1999. For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, but before October 1, 1999, the Secretary shall provide for an interim system of rates. A rate shall be a payment equal to the lower of cost determined under the preceding provisions of this subparagraph. Or an agency-specific per beneficiary annual limitation calculated from the agency's 12-month cost reporting period ending on or after January 1, 1993, and on or before December 31, 1993, based on reasonable costs , updated by the home health market basket index. The per beneficiary limitation shall be multiplied by the agency's unduplicated census count of patients for the year subject to the limitation or such other year determined by the Secretary to be required for the fair and efficient implementation of this section to determine the aggregate agency-specific per beneficiary limitation. Special rules. For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the following rules apply: For new providers and those providers without a 12-month cost reporting period ending in calendar year 1994, the per beneficiary limitation shall be equal to the mean of these limits applied to home health agencies as determined by the Secretary. Home health agencies that have altered their corporate structure or name shall not be considered new providers for payment purposes. For beneficiaries who use services furnished by more than 1 home health agency, the per beneficiary limitations shall be prorated among the agencies.". Incentive payments. Home health agencies whose year end reasonable costs are below the agency's per beneficiary aggregate limit shall receive 50 percent of the difference between the reasonable costs and the aggregate limit.". Development of Case Mix System. The Secretary shall expand research on a prospective payment system for home health agencies that ties prospective payments to a unit of service, including an intensive effort to develop a reliable case mix adjuster that explains a significant amount of the variances in costs. Submission of Data for Case Mix System. Effective for cost reporting periods beginning on or after October 1, 1997, the Secretary may require all home health agencies to submit additional information that the Secretary considers necessary for the development of a reliable case mix system. <SECTION-HEADER> PERMANENT PROSPECTIVE PAYMENT FOR HOME HEALTH SERVICES. Title XVIII is amended by adding after section 1893 the following: "Section 1894. PERMANENT PROSPECTIVE PAYMENT FOR HOME HEALTH SERVICES. In General. Notwithstanding section 1861(v), the Secretary, for cost reporting periods beginning on or after October 1, 1999, shall provide for payments for home health services in accordance with a prospective payment system established by the Secretary. Elements of System. Such a system shall include the following: Prospective payment amount. All services covered and paid on a reasonable cost basis under the medicare home health benefit as of the date of the enactment of the Balanced Budget Act of 1997, including medical supplies, shall be subject to the prospective payment amount. In defining a prospective payment amount, the Secretary shall consider an appropriate unit of service and the number of visits provided within that unit, potential changes in the mix of services provided within that unit and their cost, and a general system design that provides for continued access to quality services. The prospective payment amount shall be based on the most current audited cost report data available to the Secretary or such other year determined by the Secretary to be required for the fair and efficient implementation of this section. Use of case mix. The Secretary shall employ an appropriate case mix adjustment that explains a significant amount of the variation in cost. Annual adjustments. The prospective payment amount shall be adjusted annually by the home health market basket index. The labor portion of the prospective payment amount shall be adjusted for geographic differences in labor-related costs based on the most current hospital wage index. Outliers. The Secretary may designate a payment provision for outliers, recognizing the need to adjust payments because of unusual variations in the type or amount of medically necessary care. Proration of prospective payment amounts. If a beneficiary elects to transfer to, or receive services from, another home health agency within the period covered by the prospective payment amount, the payment shall be prorated between home health agencies. Savings. Prior to implementing the permanent prospective system described in subsections (a) and (b) in a budget neutral fashion, the Secretary first shall reduce, up to 15 percent, the rates and per beneficiary limits described in section 1861(v)(1)(L), as those limits are in effect on September 30, 1999, in order to assure the projected scorable savings of this Act.". <SECTION-HEADER> PAYMENT BASED ON LOCATION WHERE HOME HEALTH SERVICE IS FURNISHED. Conditions of Participation. Section 1891 is amended by adding at the end the following: Payment on Basis of Location of Service. A home health agency shall submit claims for payment for home health services under this title only on the basis of the geographic location at which the service is furnished, as determined by the Secretary.". Wage Adjustment. Section 1861(v)(1)(L)(iii) (42 USC. 1395x(v)(1)(L)(iii)) is amended by striking "agency is located" and inserting "service is furnished". Effective Date. The amendments made by this section apply to cost reporting periods beginning on or after October 1, 1997. <SECTION-HEADER> ELIMINATION OF PERIODIC INTERIM PAYMENTS FOR HOME HEALTH AGENCIES. In General. Section 1815(e)(2) (42 USC. 1395g(e)(2)) is amended by inserting "and" at the end of subparagraph (C), by striking subparagraph (D). And by redesignating subparagraph (E) as (D). Effective Date. The amendments made by subsection (a) apply to payments made on or after the implementation of section 1894 . <SECTION-HEADER> ESTABLISHMENT OF HOME HEALTH BENEFIT UNDER PART A AND TRANSFER OF OTHER HOME HEALTH SERVICES TO PART B. In General. Section 1812(a)(3) (42 USC. 1395d(a)(3)) is amended by inserting "for up to 100 visits" before the semicolon. Conforming Amendments. Section 1812(b) (42 USC. 1395d(b)) is amended by striking "or" at the end of paragraph (2). By striking the period at the end of paragraph (3) and inserting ", or". And by adding after paragraph (3) the following: home health services furnished to the individual beginning after such services have been furnished to the individual for a total of 100 visits.". Clarification of Part-Time or Intermittent Nursing Care. Section 1861(m) (42 USC. 1395x(m)) is amended by adding at the end the following: "For purposes of paragraphs (1) and (4), the term `part-time or intermittent services' means skilled nursing and home health aide services furnished any number of days per week as long as they are furnished (combined) less than 8 hours each day and 28 or fewer hours each week . For purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A), `intermittent' means skilled nursing care that is either provided or needed on fewer than 7 days each week, or less than 8 hours of each day of skilled nursing and home health aide services combined for periods of 21 days or less .". Payments Under Part B. Subparagraph (A) of section 1833(a)(2) (42 USC. 1395l(a)(2)) is amended to read as follows: with respect to home health services (other than a covered osteoporosis drug (as defined in section 1861(kk)), and to items and services described in section 1861(s)(10)(A), the amounts determined under section 1861(v)(1)(L) or section 1893, or, if the services are furnished by a public provider or services, or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income , free of charge, or at nominal charges to the public, the amount determined in accordance with section 1814(b)(2). ". Exclusion of Additional Part B Costs From Determination of Part B Monthly Premium. Section 1839(a) (42 USC. 1395r(a)) is amended in the second sentence of paragraph (3) (as amended by section 11301, by inserting "(except as provided in paragraph (5))" before the period. And by adding after paragraph (4) the following: Exclusion of home health costs. In estimating (for purposes of determining the monthly premium rate under paragraph (3)) the benefits and administrative costs which will be payable from the Federal Supplementary Medical Insurance Trust Fund for a year, the Secretary shall exclude an estimate of any benefits and administrative costs attributable to home health services for which payment would have been made under part A during the year but for paragraph (4) of section 1812(b).". Definition of Homebound. Section 1814(a) (42 USC. 1395f(a)) and section 1835(a) (42 USC. 1395n(a)) are each amended by adding the following at the end: "With respect to the previous two sentences, the individual must have a condition due to an illness or injury that restricts the individual's ability to leave the home for more than an average of 16 hours per calendar month for purposes other than to receive medical treatment that cannot be provided in the home. Infrequent means an average of 5 or fewer absences per calendar month, excluding absences to receive medical treatment that cannot be furnished in the home. Short duration means an absence from the home of 3 or fewer hours, on average per absence, within a calendar month excluding absences to receive medical treatment that cannot be furnished in the home. And medical treatment means services that are furnished by the physician or furnished based on and in conformance with the physician's order, by or under the supervision of a licensed health professional, and for the purpose of diagnosis or treatment of an illness or injury.". Normative Standards for Home Health Claims Denials. Section 1862(a)(1) (42 USC. 1395y(a)(1)) (as amended by section 11243(b)(2) is further amended by striking "and" at the end of subparagraph (F). By striking the semicolon at the end of subparagraph and inserting ", and". And by adding the following after subparagraph (G): the frequency and duration of home health services which are in excess of normative guidelines that the Secretary shall establish by regulation. ". Effective Date. In general. The amendments made by this section apply to services furnished on or after October 1, 1997. Special rule. If an individual is entitled to benefits under part A of title XVIII of the Social Security Act , but is not enrolled in the insurance program established by part B of that title, the individual also shall be entitled under part A of that title to home health services that are not posthospital home health services furnished before the 19th month that begins after the date of enactment of this Act.

Home Health Care Prospective Payment Act - Amends title XVIII (Medicare) of the Social Security Act, with respect to the reasonable cost of home health services, to prohibit the Secretary of Health and Human Services, in establishing reasonable cost limits for cost reporting periods after FY 1997, from taking into account any changes in the home health market basket for cost reporting periods between July 1, 1994, and July 1, 1996 . Reduces the reasonable cost limits for home health services after October 1, 1997, from 112 percent to 105 percent of the median of the labor-related and nonlabor per visit costs for freestanding home health agencies. Provides for: (1) establishment of an interim prospective payment system (PPS) for home health services, with rates calculated according to a specified formula, beginning in FY 1998, with a permanent PPS beginning in FY 2000. (2) reimbursement of home health service costs on the basis of the geographic location where the service is furnished. (3) elimination of periodic interim payments for home health services upon implementation of a permanent PPS. (4) limitation of Medicare part A coverage of home health services to the first 100 visits following a hospital stay. (5) the definition of coverage of intermittent and part-time nursing care. (6) exclusion of home health service costs from the calculation of Medicare part B monthly premiums, (7) further definition of homebound. And (8) denial of claims for home health services in excess of normative standards for the frequency and duration of care.

Home Health Care Prospective Payment Act

112_hr3847

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety Of Untested and New Devices Act of 2012'' or the ``SOUND Devices Act of 2012''. SEC. 2. PREDICATE DEVICES THAT HAVE BEEN RECALLED, CORRECTED, OR REMOVED FROM THE MARKET. (a) Submission of Information by Persons Seeking Substantial Equivalence Determination.--Section 513(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)) is amended-- (1) by redesignating paragraph (3) as paragraph (5); and (2) by striking paragraph (2) and inserting the following: ``(2)(A) Any person seeking a determination of substantial equivalence under subsection (f) or section 520(l) for a device shall submit to the Secretary information (to the extent such information is readily available) on the market status of-- ``(i) each predicate device; and ``(ii) each device in the full device lineage (as defined in subparagraph (C)). ``(B) With respect to each device described in clause (i) or (ii) of subparagraph (A), the information required to be submitted under subparagraph (A) shall specify-- ``(i) whether the device has been corrected or removed from the market; ``(ii) if so, the basis for such correction or removal, including whether such correction or removal was because of an intrinsic flaw in technology or design that adversely affects safety; and ``(iii) why the device for which a substantial equivalence determination is sought does not share any such intrinsic flaw. ``(C) In this paragraph, the term `device in the full device lineage' means a device for which a substantial equivalence determination was made leading to a substantial equivalence determination for a predicate device referred to in subparagraph (A)(i).''. (b) Rejecting Claims of Substantial Equivalence.--Section 513(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)), as amended, is further amended by inserting after paragraph (2) the following: ``(3) The Secretary-- ``(A) shall not find a device to be substantially equivalent to a predicate device that has been-- ``(i) removed from the market at the initiative of the Secretary; or ``(ii) determined to be misbranded or adulterated by judicial order; ``(B) may reject a claim that a device is substantially equivalent to a predicate device if-- ``(i) the predicate device, or any device in a series of one or more devices for which a substantial equivalence determination was made leading to a substantial equivalence determination for the predicate device, has been corrected or removed from the market-- ``(I) at the initiative of the sponsor; or ``(II) under any other circumstance not covered by subparagraph (A); and ``(ii) the correction or removal is due, in whole or in part, to an intrinsic flaw in technology or design that adversely affects safety; ``(C) may reject a claim that a device is substantially equivalent to a predicate device if-- ``(i) the Secretary is in the process of rescinding the clearance granted under section 510(k), issuing or amending an order under section 518(e) (relating to recall authority), or taking any other regulatory action because of an intrinsic flaw in technology or design that adversely affects safety, with respect to-- ``(I) the predicate device; or ``(II) any device in the full predicate device lineage (meaning any device for which a substantial equivalence determination was made leading to a substantial equivalence determination for the predicate device); or ``(ii) the manufacturer or importer of a device described in subclause (I) or (II) of clause (i) is in the process of correcting or removing the device from the market; and ``(D) may reject a claim that a device is substantially equivalent to a predicate device if the predicate device has been corrected or removed from the market and the manufacturer or importer of the predicate failed to submit notice of such correction or removal in accordance with section 519(g).''. (c) Database on Eligible Predicate Devices.--Section 513(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)), as amended, is further amended by inserting after paragraph (3) the following: ``(4)(A) The Secretary shall maintain an up-to-date database that can be used by the Secretary for purposes of determining whether devices are eligible under paragraph (3) for use as a predicate device. ``(B) The Secretary shall determine whether a device is eligible under paragraph (3) for use as a predicate device, and shall make appropriate updates to the database under this paragraph, whenever-- ``(i) the Secretary issues, vacates, or amends an order for a device under section 518(e) (relating to recall authority); ``(ii) the manufacturer or importer of a device reports a correction or removal of a device under subsection (g) or (h) of section 519; or ``(iii) the Secretary otherwise learns of a correction or removal of a device (as such terms are used in subsections (g) and (h) of section 519). ``(C) Upon making a determination required by subparagraph (B), the Secretary shall include in the database under this paragraph information, to the extent such information is available to the Secretary, about the reason for the order, correction, or removal. ``(D) The Secretary shall publish notice of each determination under subparagraph (B).''. (d) Reports of Corrections and Removals.-- (1) In general.--Section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i) is amended by adding at the end the following: ``(h) Inclusion of Root Cause Analysis in Reports of Removals and Corrections.-- ``(1) Requirement.--Whenever a manufacturer or importer of a device is required to submit a report under subsection (g) on a corrective action or removal of the device, and whenever a manufacturer or importer would be so required but for submitting a report under subsection (a) on a corrective action or removal of the device, the manufacturer or importer shall submit, as an addendum to the submitted report, the root cause assessment of each device defect leading to the corrective action or removal. ``(2) Timing.--An addendum required by paragraph (1) shall be submitted to the Secretary promptly, and not later than 90 days after the corrective action or removal.''. (2) Reports for devices in same lineage as devices subject to corrections and removals.-- (A) Authority to order reports.--Section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i), as amended, is further amended by adding at the end the following: ``(i) Reports for Devices in Same Lineage as Devices Subject to Corrections and Removals.-- ``(1) In general.--When a device is corrected or removed from the market because of an intrinsic flaw in technology or design that adversely affects safety-- ``(A) the Secretary may order the manufacturer or importer of each device in the same lineage which continues to be marketed to submit a report described in paragraph (2); and ``(B) not later than 30 days after receipt of such an order, the manufacturer or importer of each such device shall submit the report. ``(2) Report contents.--A report described in this paragraph shall-- ``(A) state whether the device for which the report is submitted shares any intrinsic flaw in technology or design associated with the device which is corrected or removed from the market; and ``(B) if not, explain why the device for which the report is submitted does not share any such intrinsic flaw. ``(3) Definition.--In this subsection, the term `device in the same lineage' refers to a device if-- ``(A) a substantial equivalence determination was made for the device corrected or removed from the market; and ``(B) such determination leads to a substantial equivalence determination for the device involved.''. (B) Conforming amendment.--Section 303(f)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(1)(B)) is amended by striking ``or 519(g)'' and inserting ``, 519(g), or 519(h)''. (e) Review of Previously Cleared Life-Sustaining, Life-Supporting, or Implantable Devices.-- (1) Review.--The Secretary shall conduct a review of all covered devices to identify any such devices with respect to which a predicate device, or any device in the full device lineage, has been corrected or removed from the market pursuant to a Class I or Class II recall. (2) Priority.--In conducting the review under paragraph (1), the Secretary shall prioritize-- (A) the review of covered devices that pose the highest risk to patients; and (B) the identification of covered devices that share with another device an intrinsic flaw in technology or design that-- (i) adversely affects safety; and (ii) led to the correction or removal from the market of the other device. (3) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the progress made by the Secretary in implementing this subsection. (4) Definitions.--In this subsection: (A) The terms ``Class I'', ``Class II'', and ``recall'' have the meanings given to such terms in section 7.3 of title 21, Code of Federal Regulations (or any successor regulations). (B) The term ``covered device'' means a device (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) that-- (i) is cleared under section 510(k) of such Act (21 U.S.C. 360(k)) before the effective date of the amendments made by subsections (a) through (d); (ii) is life-sustaining, life-supporting, or implantable; and (iii) continues to be marketed. (C) The term ``device in the full device lineage'' means a device for which a substantial equivalence determination was made leading to a substantial equivalence determination for a predicate device referred to in paragraph (1). (D) The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.

Safety Of Untested and New Devices Act of 2012 or the SOUND Devices Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to require a medical device company seeking approval of a new device based on a determination of substantial equivalence to a predicate device to inform the Food and Drug Administration (FDA) if any predicate lineage products have harmed device recipients and to explain how the current device avoids past flaws. Prohibits finding a new device substantially equivalent to a predicate device if the predicate has been removed from the market by the Secretary of Health and Human Services (HHS) or determined to be misbranded or adulterated by judicial order. Permits the FDA to reject a claim of substantial equivalency for a device whose predicate has been corrected or removed from the market by its sponsor. Requires the Secretary to maintain an up-to-date database for purposes of determining whether devices are eligible for use as a predicate device. Requires each manufacturer's corrective action or removal of device report to contain the root cause of each defect leading to the corrective action or removal. Requires a manufacturer's report for devices in the same lineage as devices that have been subject to corrections or removals and requires such report to explain why the subsequent device does not share the flaws of its predecessor device. Requires the Secretary to conduct a review of all covered devices to identify any such devices with respect to which a predicate device, or any device in the full device lineage, has been corrected or removed from the market pursuant to a Class I or Class II recall.

To amend the Federal Food, Drug, and Cosmetic Act to ensure that a medical device is not marketed based on a determination that the device is substantially equivalent to a predicate device that has been recalled, corrected, or removed from the market because of an intrinsic flaw in technology or design that adversely affects safety, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Safety Of Untested and New Devices Act of 2012" or the "SOUND Devices Act of 2012". <SECTION-HEADER> PREDICATE DEVICES THAT HAVE BEEN RECALLED, CORRECTED, OR REMOVED FROM THE MARKET. Submission of Information by Persons Seeking Substantial Equivalence Determination. Section 513(i) of the Federal Food, Drug, and Cosmetic Act (21 USC. 360c(i)) is amended by redesignating paragraph (3) as paragraph (5). And by striking paragraph (2) and inserting the following: (A) Any person seeking a determination of substantial equivalence under subsection (f) or section 520(l) for a device shall submit to the Secretary information on the market status of each predicate device. And each device in the full device lineage (as defined in subparagraph (C)). With respect to each device described in clause (i) or (ii) of subparagraph (A), the information required to be submitted under subparagraph (A) shall specify whether the device has been corrected or removed from the market. If so, the basis for such correction or removal, including whether such correction or removal was because of an intrinsic flaw in technology or design that adversely affects safety. And why the device for which a substantial equivalence determination is sought does not share any such intrinsic flaw. In this paragraph, the term `device in the full device lineage' means a device for which a substantial equivalence determination was made leading to a substantial equivalence determination for a predicate device referred to in subparagraph (i).". Rejecting Claims of Substantial Equivalence. Section 513(i) of the Federal Food, Drug, and Cosmetic Act (21 USC. 360c(i)), as amended, is further amended by inserting after paragraph (2) the following: The Secretary shall not find a device to be substantially equivalent to a predicate device that has been removed from the market at the initiative of the Secretary, or determined to be misbranded or adulterated by judicial order. May reject a claim that a device is substantially equivalent to a predicate device if the predicate device, or any device in a series of one or more devices for which a substantial equivalence determination was made leading to a substantial equivalence determination for the predicate device, has been corrected or removed from the market at the initiative of the sponsor, or under any other circumstance not covered by subparagraph (A). And the correction or removal is due, in whole or in part, to an intrinsic flaw in technology or design that adversely affects safety. May reject a claim that a device is substantially equivalent to a predicate device if the Secretary is in the process of rescinding the clearance granted under section 510(k), issuing or amending an order under section 518(e) , or taking any other regulatory action because of an intrinsic flaw in technology or design that adversely affects safety, with respect to the predicate device, or any device in the full predicate device lineage. Or the manufacturer or importer of a device described in subclause (I) or (II) of clause (i) is in the process of correcting or removing the device from the market. And may reject a claim that a device is substantially equivalent to a predicate device if the predicate device has been corrected or removed from the market and the manufacturer or importer of the predicate failed to submit notice of such correction or removal in accordance with section 519(g).". Database on Eligible Predicate Devices. Section 513(i) of the Federal Food, Drug, and Cosmetic Act (21 USC. 360c(i)), as amended, is further amended by inserting after paragraph (3) the following: (A) The Secretary shall maintain an up-to-date database that can be used by the Secretary for purposes of determining whether devices are eligible under paragraph (3) for use as a predicate device. The Secretary shall determine whether a device is eligible under paragraph (3) for use as a predicate device, and shall make appropriate updates to the database under this paragraph, whenever the Secretary issues, vacates, or amends an order for a device under section 518(e). The manufacturer or importer of a device reports a correction or removal of a device under subsection (g) or (h) of section 519. Or the Secretary otherwise learns of a correction or removal of a device (as such terms are used in subsections (g) and . Upon making a determination required by subparagraph (B), the Secretary shall include in the database under this paragraph information, to the extent such information is available to the Secretary, about the reason for the order, correction, or removal. The Secretary shall publish notice of each determination under subparagraph (B).". Reports of Corrections and Removals. In general. Section 519 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: Inclusion of Root Cause Analysis in Reports of Removals and Corrections. Requirement. Whenever a manufacturer or importer of a device is required to submit a report under subsection (g) on a corrective action or removal of the device, and whenever a manufacturer or importer would be so required but for submitting a report under subsection (a) on a corrective action or removal of the device, the manufacturer or importer shall submit, as an addendum to the submitted report, the root cause assessment of each device defect leading to the corrective action or removal. Timing. An addendum required by paragraph (1) shall be submitted to the Secretary promptly, and not later than 90 days after the corrective action or removal.". Reports for devices in same lineage as devices subject to corrections and removals. Authority to order reports. Section 519 of the Federal Food, Drug, and Cosmetic Act , as amended, is further amended by adding at the end the following: Reports for Devices in Same Lineage as Devices Subject to Corrections and Removals. In general. When a device is corrected or removed from the market because of an intrinsic flaw in technology or design that adversely affects safety the Secretary may order the manufacturer or importer of each device in the same lineage which continues to be marketed to submit a report described in paragraph (2). And not later than 30 days after receipt of such an order, the manufacturer or importer of each such device shall submit the report. Report contents. A report described in this paragraph shall state whether the device for which the report is submitted shares any intrinsic flaw in technology or design associated with the device which is corrected or removed from the market. And if not, explain why the device for which the report is submitted does not share any such intrinsic flaw. Definition. In this subsection, the term `device in the same lineage' refers to a device if a substantial equivalence determination was made for the device corrected or removed from the market. And such determination leads to a substantial equivalence determination for the device involved.". Conforming amendment. Section 303(f)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 USC. 333(f)(1)(B)) is amended by striking "or 519(g)" and inserting ", 519(g), or 519(h)". Review of Previously Cleared Life-Sustaining, Life-Supporting, or Implantable Devices. Review. The Secretary shall conduct a review of all covered devices to identify any such devices with respect to which a predicate device, or any device in the full device lineage, has been corrected or removed from the market pursuant to a Class I or Class II recall. Priority. In conducting the review under paragraph , the Secretary shall prioritize the review of covered devices that pose the highest risk to patients. And the identification of covered devices that share with another device an intrinsic flaw in technology or design that adversely affects safety. And led to the correction or removal from the market of the other device. Report. Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the progress made by the Secretary in implementing this subsection. Definitions. In this subsection: The terms "Class I", "Class II", and "recall" have the meanings given to such terms in section 7.3 of title 21, Code of Federal Regulations . The term "covered device" means a device (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act that is cleared under section 510(k) of such Act (21 USC. 360(k)) before the effective date of the amendments made by subsections (a) through (d), is life-sustaining, life-supporting, or implantable. And continues to be marketed. The term "device in the full device lineage" means a device for which a substantial equivalence determination was made leading to a substantial equivalence determination for a predicate device referred to in paragraph (1). The term "Secretary" means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.

Safety Of Untested and New Devices Act of 2012 or the SOUND Devices Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to require a medical device company seeking approval of a new device based on a determination of substantial equivalence to a predicate device to inform the Food and Drug Administration (FDA) if any predicate lineage products have harmed device recipients and to explain how the current device avoids past flaws. Prohibits finding a new device substantially equivalent to a predicate device if the predicate has been removed from the market by the Secretary of Health and Human Services (HHS) or determined to be misbranded or adulterated by judicial order. Permits the FDA to reject a claim of substantial equivalency for a device whose predicate has been corrected or removed from the market by its sponsor. Requires the Secretary to maintain an up-to-date database for purposes of determining whether devices are eligible for use as a predicate device. Requires each manufacturer's corrective action or removal of device report to contain the root cause of each defect leading to the corrective action or removal. Requires a manufacturer's report for devices in the same lineage as devices that have been subject to corrections or removals and requires such report to explain why the subsequent device does not share the flaws of its predecessor device. Requires the Secretary to conduct a review of all covered devices to identify any such devices with respect to which a predicate device, or any device in the full device lineage, has been corrected or removed from the market pursuant to a Class I or Class II recall.

To amend the Federal Food, Drug, and Cosmetic Act to ensure that a medical device is not marketed based on a determination that the device is substantially equivalent to a predicate device that has been recalled, corrected, or removed from the market because of an intrinsic flaw in technology or design that adversely affects safety, and for other purposes.

106_s994

TITLE I--SHORT TITLE This Act may be cited as the ``Juvenile Misuse of Firearms Prevention Act''. TITLE II--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS SECTION 1. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES. (a) Juvenile Weapons Penalties.--Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (4) by striking ``Whoever'' at the beginning of the first sentence, and inserting in lieu thereof, ``Except as provided in paragraph (6) of this subsection, whoever''; and (2) in paragraph (6), by amending it to read as follows:-- ``(6)(A) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except-- ``(i) a juvenile shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation, if-- ``(I) the offense of which the juvenile is charged is possession of a handgun, ammunition, or a semiautomatic assault weapon in violation of section 922(x)(2); and ``(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense; or ``(ii) a juvenile shall be fined under this title, imprisoned not more than 20 years, or both, if-- ``(I) the offense of which the juvenile is charged is possession of a handgun, ammunition, or a semiautomatic assault weapon in violation of section 922(x)(2); and ``(II) during the same course of conduct in violating 922(x)(2), the juvenile violated section 922(q), with the intent to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, or semiautomatic assault weapon in the commission of a violent felony. (B) A person other than a juvenile who knowingly violates section 922(x)-- ``(i) shall be fined under this title, imprisoned not more than 1 year, or both; and ``(ii) if the person sold, delivered, or otherwise transferred a handgun, ammunition or semiautomatic assault weapon to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, or semiautomatic assault weapon in the commission of a violent felony, shall be fined under this title, imprisoned not more than 20 years, or both. ``(C) For purposes of this paragraph a `violent felony' means conduct as described in section 924(e)(2)(B) of this title. ``(D) Except as otherwise provided in this chapter, in any case in which a juvenile is prosecuted in a district court of the United States, and the juvenile is subject to the penalties under clause (ii) of paragraph (A), the juvenile shall be subject to the same laws, rules, and proceedings regarding sentencing (including the availability of probation, restitution, fines, forfeiture, imprisonment, and supervised release) that would be applicable in the case of an adult. No juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches the age of 18 years.''. (b) Unlawful Weapons Transfers to Juveniles.--Section 922(x) of title 18, United States Code, is amended to read as follows: ``(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferror knows or has reasonable cause to believe is a juvenile-- ``(A) a handgun; ``(B) ammunition that is suitable for use only in a handgun; ``(C) a semiautomatic assault weapon; or ``(2) It shall be unlawful for any person who is a juvenile to knowingly possess-- ``(A) a handgun; ``(B) ammunition that is suitable for use only in a handgun; ``(C) a semiautomatic assault weapon; or ``(3) This subsection does not apply to-- ``(A) a temporary transfer of a handgun, ammunition, or a semiautomatic assault weapon to a juvenile or to the possession or use of a handgun, ammunition, or a semiautomatic assault weapon by a juvenile-- ``(i) if the handgun, ammunition, or semiautomatic assault weapon are possessed and used by the juvenile-- ``(I) in the course of employment, ``(II) in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), ``(III) for target practice, ``(IV) for hunting, or ``(V) for a course of instruction in the safe and lawful use of a firearm. ``(ii) Clause (i) shall apply only if the juvenile's possession and use of a handgun, ammunition, or a semiautomatic assault weapon under this subparagraph are in accordance with State and local law, and the following conditions are met-- ``(I) except when a parent or guardian of the juvenile is in the immediate and supervisory presence of the juvenile, the juvenile shall have in the juvenile's possession at all times when a handgun, ammunition, or a semiautomatic assault weapons is in the possession of the juvenile, the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm or ammunition; and ``(II) during transportation by the juvenile directly from the place of transfer to a place at which an activity described in clause (i) is to take place the firearm shall be unloaded and in a locked container or case, and during the transportation by the juvenile of that firearm, directly from the place at which such an activity took place to the transferor, the firearm shall also be unloaded and in a locked container or case; or ``(III) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun, ammunition, or a semiautomatic assault weapon with the prior written approval of the juvenile's parent or legal guardian, if such approval is on file with the adult who is not prohibited by Federal, State or local law from possessing a firearm and that person is directing the ranching or farming activities of the juvenile. ``(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun or a semiautomatic assault weapon in the line of duty; ``(C) a transfer by inheritance of title (but not possession) of a handgun, ammunition, or a semiautomatic assault weapon to a juvenile; or ``(D) the possession of a handgun, ammunition, or a semiautomatic assault weapon taken in defense of the juvenile or other persons in the residence of the juvenile or a residence in which the juvenile is an invited guest. ``(4) A handgun, ammunition, or a semiautomatic assault weapon, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun, ammunition, or a semiautomatic assault weapon no longer required by the Government for the purposes of investigation or prosecution. ``(5) For purposes of this subsection, the term `juvenile' means a person who is less than 18 years of age. ``(6)(A) in a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings. ``(B) The court may use the contempt power to enforce subparagraph (A). ``(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.''. SEC. 2. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act. TITLE III--ENHANCED PENALTIES FOR FEDERAL CRIMES INVOLVING FIREARMS (a) Penalties.-- (1) Section 924(c)(1)(A) of title 18, United States Code, is amended-- (A) in subsection (ii) by striking ``7 years'' and inserting ``10 years''; (B) in subsection (iii) by striking ``10 years'' and inserting ``12 years''; (C) by inserting after subsection (iii) the following: ``(iv) if the firearm is used to wound, injure or maim another person be sentenced to a term of imprisonment of not less than 15 years.''. (2) Section 924(h) of title 18, United States Code, is amended-- (A) by striking ``imprisoned'' and inserting ``sentenced to a term of imprisonment of not less than 5 years, but'' after ``shall be''. TITLE IV--PROVIDING INCENTIVES TO STATES THAT PROSECUTE JUVENILES AS ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS (a) Requirements.--No State shall be eligible to receive funding from the Office of Juvenile Justice Delinquency Prevention funds unless it demonstrates that the State has in effect or has implemented (or will have in effect or will have implemented not later than 1 year after the date on which the State submits the application) laws, policies, or programs that provide for: ``PROSECUTION OF JUVENILES AS ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS.'' The State shall prosecute juveniles who are not less than 14 years of age as adults in criminal court, rather than in juvenile delinquency proceedings, if the juvenile used, carried or possessed a firearm during the commission of conduct constituting-- (1) murder; (2) robbery while armed with a dangerous or deadly weapon; (3) battery or assault while armed with a dangerous or deadly weapon; (4) forcible rape; or (5) any serious drug offense that, if committed by an adult subject to Federal jurisdiction, would be punishable under section 401(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(A)).

TABLE OF CONTENTS: Title I: Short Title Title II: Restricting Juvenile Access to Certain Firearms Title III: Enhanced Penalties for Federal Crimes Involving Firearms Title IV: Providing Incentives to States that Prosecute Juveniles as Adults for Certain Offenses Involving Firearms Title I: Short Title - Juvenile Misuse of Firearms Prevention Act. Title II: Restricting Juvenile Access to Certain Firearms - Revises the Brady Handgun Violence Prevention Act to expand the scope of provisions regarding juvenile use and possession of handguns and ammunition that is suitable for use only in a handgun to include semiautomatic assault weapons. Provides enhanced penalties for juveniles who violate the prohibition against the sale, delivery, or other transfer to a person, who the transferor knows or has reasonable cause to believe is a juvenile, of a handgun, ammunition that is suitable for use only in a handgun, or a semiautomatic assault weapon, and for adults who knowingly violate such prohibition, particularly in relation to use of the handgun by the juvenile in the commission of a violent felony. Subjects the juvenile to the same laws, rules, and proceedings regarding sentencing that would be applicable in the case of an adult, with exceptions. Prohibits a juvenile sentenced to a term of imprisonment from being released from custody simply because the juvenile reaches age 18. Makes an exemption regarding the temporary transfer of a handgun, ammunition, or semiautomatic assault weapon to, or possession or use by, a juvenile applicable only if such possession and use are in accordance with State and local law and if specified conditions are met. Specifies that a handgun, ammunition, or semiautomatic assault weapon, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this title, shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the juvenile's conduct. Directs the court, with respect to a violation of this title, to require the presence of a juvenile defendant's parent or legal guardian at all proceedings. Authorizes the court to: (1) use the contempt power to enforce this provision. And (2) excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this title for good cause shown. Title III: Enhanced Penalties for Federal Crimes Involving Firearms - Amends the Act to: (1) increase penalties for brandishing or discharging a firearm during and in relation to a crime of violence or drug trafficking crime. (2) set penalties for injuring or maiming another person through such firearm use. And (3) provide for a five-year mandatory minimum sentence for transferring a firearm, knowing that it will be used to commit a crime of violence or drug trafficking crime. Title IV: Providing Incentives to States that Prosecute Juveniles As Adults For Certain Offenses Involving Firearms - Denies eligibility to receive Office of Juvenile Justice and Delinquency Prevention funds to any State that fails to demonstrate that it has in effect or has implemented laws, policies, or programs that provide for prosecution of juveniles as adults for specified serious offenses involving firearms.

Juvenile Misuse of Firearms Prevention Act

TITLE I SHORT TITLE This Act may be cited as the "Juvenile Misuse of Firearms Prevention Act". TITLE II RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS <SECTION-HEADER> PENALTIES FOR UNLAWFUL ACTS BY JUVENILES. Juvenile Weapons Penalties. Section 924(a) of title 18, United States Code, is amended in paragraph (4) by striking "Whoever" at the beginning of the first sentence, and inserting in lieu thereof, "Except as provided in paragraph (6) of this subsection, whoever". And in paragraph (6), by amending it to read as follows: (A) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except a juvenile shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation, if the offense of which the juvenile is charged is possession of a handgun, ammunition, or a semiautomatic assault weapon in violation of section 922(x)(2). And the juvenile has not been convicted in any court of an offense (including an offense under section 922 or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense. Or a juvenile shall be fined under this title, imprisoned not more than 20 years, or both, if the offense of which the juvenile is charged is possession of a handgun, ammunition, or a semiautomatic assault weapon in violation of section 922(x)(2). And during the same course of conduct in violating 922(x)(2), the juvenile violated section 922(q), with the intent to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, or semiautomatic assault weapon in the commission of a violent felony. A person other than a juvenile who knowingly violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both. And if the person sold, delivered, or otherwise transferred a handgun, ammunition or semiautomatic assault weapon to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, or semiautomatic assault weapon in the commission of a violent felony, shall be fined under this title, imprisoned not more than 20 years, or both. For purposes of this paragraph a `violent felony' means conduct as described in section 924(e)(2)(B) of this title. Except as otherwise provided in this chapter, in any case in which a juvenile is prosecuted in a district court of the United States, and the juvenile is subject to the penalties under clause (ii) of paragraph (A), the juvenile shall be subject to the same laws, rules, and proceedings regarding sentencing that would be applicable in the case of an adult. No juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches the age of 18 years.". Unlawful Weapons Transfers to Juveniles. Section 922(x) of title 18, United States Code, is amended to read as follows: (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferror knows or has reasonable cause to believe is a juvenile a handgun, ammunition that is suitable for use only in a handgun, a semiautomatic assault weapon. Or It shall be unlawful for any person who is a juvenile to knowingly possess a handgun, ammunition that is suitable for use only in a handgun, a semiautomatic assault weapon. Or This subsection does not apply to a temporary transfer of a handgun, ammunition, or a semiautomatic assault weapon to a juvenile or to the possession or use of a handgun, ammunition, or a semiautomatic assault weapon by a juvenile if the handgun, ammunition, or semiautomatic assault weapon are possessed and used by the juvenile in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile , for target practice, for hunting, or for a course of instruction in the safe and lawful use of a firearm. Clause (i) shall apply only if the juvenile's possession and use of a handgun, ammunition, or a semiautomatic assault weapon under this subparagraph are in accordance with State and local law, and the following conditions are met except when a parent or guardian of the juvenile is in the immediate and supervisory presence of the juvenile, the juvenile shall have in the juvenile's possession at all times when a handgun, ammunition, or a semiautomatic assault weapons is in the possession of the juvenile, the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm or ammunition. And during transportation by the juvenile directly from the place of transfer to a place at which an activity described in clause (i) is to take place the firearm shall be unloaded and in a locked container or case, and during the transportation by the juvenile of that firearm, directly from the place at which such an activity took place to the transferor, the firearm shall also be unloaded and in a locked container or case. Or with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun, ammunition, or a semiautomatic assault weapon with the prior written approval of the juvenile's parent or legal guardian, if such approval is on file with the adult who is not prohibited by Federal, State or local law from possessing a firearm and that person is directing the ranching or farming activities of the juvenile. a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun or a semiautomatic assault weapon in the line of duty. A transfer by inheritance of title of a handgun, ammunition, or a semiautomatic assault weapon to a juvenile. Or the possession of a handgun, ammunition, or a semiautomatic assault weapon taken in defense of the juvenile or other persons in the residence of the juvenile or a residence in which the juvenile is an invited guest. A handgun, ammunition, or a semiautomatic assault weapon, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun, ammunition, or a semiautomatic assault weapon no longer required by the Government for the purposes of investigation or prosecution. For purposes of this subsection, the term `juvenile' means a person who is less than 18 years of age. (A) in a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings. The court may use the contempt power to enforce subparagraph . The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.". <SECTION-HEADER> EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act. TITLE III ENHANCED PENALTIES FOR FEDERAL CRIMES INVOLVING FIREARMS Penalties. Section 924(c)(1)(A) of title 18, United States Code, is amended in subsection (ii) by striking "7 years" and inserting "10 years". In subsection (iii) by striking "10 years" and inserting "12 years". By inserting after subsection (iii) the following: if the firearm is used to wound, injure or maim another person be sentenced to a term of imprisonment of not less than 15 years.". Section 924(h) of title 18, United States Code, is amended by striking "imprisoned" and inserting "sentenced to a term of imprisonment of not less than 5 years, but" after "shall be". TITLE IV PROVIDING INCENTIVES TO STATES THAT PROSECUTE JUVENILES AS ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS Requirements. No State shall be eligible to receive funding from the Office of Juvenile Justice Delinquency Prevention funds unless it demonstrates that the State has in effect or has implemented laws, policies, or programs that provide for: "PROSECUTION OF JUVENILES AS ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS." The State shall prosecute juveniles who are not less than 14 years of age as adults in criminal court, rather than in juvenile delinquency proceedings, if the juvenile used, carried or possessed a firearm during the commission of conduct constituting murder, robbery while armed with a dangerous or deadly weapon. Battery or assault while armed with a dangerous or deadly weapon, forcible rape. Or any serious drug offense that, if committed by an adult subject to Federal jurisdiction, would be punishable under section 401(b)(1)(A) of the Controlled Substances Import and Export Act (21 USC. 960(b)(1)(A)).

TABLE OF CONTENTS: Title I: Short Title Title II: Restricting Juvenile Access to Certain Firearms Title III: Enhanced Penalties for Federal Crimes Involving Firearms Title IV: Providing Incentives to States that Prosecute Juveniles as Adults for Certain Offenses Involving Firearms Title I: Short Title - Juvenile Misuse of Firearms Prevention Act. Title II: Restricting Juvenile Access to Certain Firearms - Revises the Brady Handgun Violence Prevention Act to expand the scope of provisions regarding juvenile use and possession of handguns and ammunition that is suitable for use only in a handgun to include semiautomatic assault weapons. Provides enhanced penalties for juveniles who violate the prohibition against the sale, delivery, or other transfer to a person, who the transferor knows or has reasonable cause to believe is a juvenile, of a handgun, ammunition that is suitable for use only in a handgun, or a semiautomatic assault weapon, and for adults who knowingly violate such prohibition, particularly in relation to use of the handgun by the juvenile in the commission of a violent felony. Subjects the juvenile to the same laws, rules, and proceedings regarding sentencing that would be applicable in the case of an adult, with exceptions. Prohibits a juvenile sentenced to a term of imprisonment from being released from custody simply because the juvenile reaches age 18. Makes an exemption regarding the temporary transfer of a handgun, ammunition, or semiautomatic assault weapon to, or possession or use by, a juvenile applicable only if such possession and use are in accordance with State and local law and if specified conditions are met. Specifies that a handgun, ammunition, or semiautomatic assault weapon, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this title, shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the juvenile's conduct. Directs the court, with respect to a violation of this title, to require the presence of a juvenile defendant's parent or legal guardian at all proceedings. Authorizes the court to: (1) use the contempt power to enforce this provision. And (2) excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this title for good cause shown. Title III: Enhanced Penalties for Federal Crimes Involving Firearms - Amends the Act to: (1) increase penalties for brandishing or discharging a firearm during and in relation to a crime of violence or drug trafficking crime. (2) set penalties for injuring or maiming another person through such firearm use. And (3) provide for a five-year mandatory minimum sentence for transferring a firearm, knowing that it will be used to commit a crime of violence or drug trafficking crime. Title IV: Providing Incentives to States that Prosecute Juveniles As Adults For Certain Offenses Involving Firearms - Denies eligibility to receive Office of Juvenile Justice and Delinquency Prevention funds to any State that fails to demonstrate that it has in effect or has implemented laws, policies, or programs that provide for prosecution of juveniles as adults for specified serious offenses involving firearms.

Juvenile Misuse of Firearms Prevention Act

106_s2162

SECTION 1. SHORT TITLE. This Act may be cited as the ``Price-Anderson Amendments Act of 2000''. SEC. 2. INDEMNIFICATION AUTHORITY. (a) Indemnification of NRC Licensees.--Section 170 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is amended by striking ``August 1, 2002'' each place it appears and inserting ``August 1, 2012''. (b) Indemnification of DOE Contractors.--Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by striking ``, until August 1, 2002,''. (c) Indemnification of Nonprofit Educational Institutions.--Section 170 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) is amended by striking ``August 1, 2002'' each place it appears and inserting ``August 1, 2012''. SEC. 3. MAXIMUM ASSESSMENT. Section 170 b.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)(1)) is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. SEC. 4. DOE LIABILITY LIMIT. (a) Aggregate Liability Limit.--Section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by striking subsection (2) and inserting the following: ``(2) In agreements of indemnification entered into under paragraph (1), the Secretary-- ``(A) may require the contractor to provide and maintain financial protection of such a type and in such amounts as the Secretary shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity, and ``(B) shall indemnify the persons indemnified against such claims above the amount of the financial protection required, in the amount of $10,000,000,000 (subject to adjustment for inflation under subsection t.), in the aggregate, for all persons indemnified in connection with such contract and for each nuclear incident, including such legal costs of the contractor as are approved by the Secretary. (b) Contract Amendments.--Section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is further amended by striking subsection (3) and inserting the following: ``(3) All agreements of indemnification under which the Department of Energy (or its precedessor agencies) may be required to indemnify any person, shall be deemed to be amended, on the date of the enactment of the Price-Anderson Amendments Act of 1999, to reflect the amount of indemnity for public liability and any applicable financial protection required of the contractor under this subsection on such date.''. SEC. 5. INCIDENTS OUTSIDE THE UNITED STATES. (a) Amount of Indemnification.--Section 170 d.(5) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking ``$100,000,000'' and inserting ``$500,000,000''. (b) Liability Limit.--Section 170e.(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by striking ``$100,000,000'' and inserting ``$500,000,000''. SEC. 6. REPORTS. Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) is amended by striking ``August 1, 1998'' and inserting ``August 1, 2008''. SEC. 7. INFLATION ADJUSTMENT. Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(t)) is amended-- (1) by renumbering paragraph (2) as paragraph (3); and (2) by adding after paragraph (1) the following new paragraph: ``(2) The Secretary shall adjust the amount of indemnification provided under an agreement of indemnification under subsection d. not less than once during each 5-year period following the date of the enactment of the Price- Anderson Amendments Act of 1999, in accordance with the aggregate percentage change in the Consumer Price Index since-- ``(A) such date of enactment, in the case of the first adjustment under this subsection; or ``(B) the previous adjustment under this subsection.''. SEC. 8. CIVIL PENALTIES. (a) Repeal of Automatic Remission.--Section 234A b.(2) of the Atomic Energy of 1954 (42 U.S.C. 2282a(b)(2)) is amended by striking the last sentence. (b) Limitation for Nonprofit Institutions.--Section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a) is further amended by striking subsection d. and inserting the following: ``d. Notwithstanding subsection a., no contractor, subcontractor, or supplier considered to be nonprofit under the Internal Revenue Code of 1954 shall be subject to a civil penalty under this section in excess of the amount of any performance fee paid by the Secretary to such contractor, subcontractor, or supplier under the contract under which the violation or violations; occur.''. SEC. 9. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall become effective on the date of the enactment of this Act. (b) Indemnification Provisions.--The amendments made by sections 3, 4, and 5 shall not apply to any nuclear incident occurring before the date of the enactment of this Act. (c) Civil Penalty Provisions.--The amendments made by section 8 to section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) shall not apply to any violation occurring under a contract entered into before the date of the enactment of this Act.

Increases from $10 million to $20 million the maximum amount of standard deferred premium that may be charged a licensee following a nuclear incident in any one year for each facility for which the licensee is required to maintain the maximum amount of primary financial protection. Sets a $10 billion ceiling upon the aggregate DOE liability limit pursuant to DOE indemnification agreements and for each nuclear incident. Provides that all agreements which obligate DOE to indemnify a person are deemed to be amended to reflect the indemnification amount for both public liability and any applicable financial protection required of the contractor as of the date of enactment of this Act. Increases from $100 million to $500 million the indemnification amount and the aggregate public liability limitation due from DOE for incidents outside the United States. Directs the Secretary of Energy to adjust the indemnification agreement amount in accordance with the aggregate percentage change in the Consumer Price Index at least once during each five-year period. Repeals the directive to the Secretary to determine whether a nonprofit educational institution should receive an automatic remission of any penalties for violations of DOE regulations. Shields a nonprofit contractor, subcontractor, or supplier from a civil penalty in excess of any performance fee paid by the Secretary.

Price-Anderson Amendments Act of 2000

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Price-Anderson Amendments Act of 2000". <SECTION-HEADER> INDEMNIFICATION AUTHORITY. Indemnification of NRC Licensees. Section 170 c. of the Atomic Energy Act of 1954 (42 USC. 2210(c)) is amended by striking "August 1, 2002" each place it appears and inserting "August 1, 2012". Indemnification of DOE Contractors. Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 USC. 2210(d)(1)(A)) is amended by striking ", until August 1, 2002,". Indemnification of Nonprofit Educational Institutions. Section 170 k. of the Atomic Energy Act of 1954 (42 USC. 2210(k)) is amended by striking "August 1, 2002" each place it appears and inserting "August 1, 2012". <SECTION-HEADER> MAXIMUM ASSESSMENT. Section 170 b.(1) of the Atomic Energy Act of 1954 (42 USC. 2210(b)(1)) is amended by striking "$10,000,000" and inserting "$20,000,000". <SECTION-HEADER> DOE LIABILITY LIMIT. Aggregate Liability Limit. Section 170 d. of the Atomic Energy Act of 1954 (42 USC. 2210(d)) is amended by striking subsection (2) and inserting the following: In agreements of indemnification entered into under paragraph (1), the Secretary may require the contractor to provide and maintain financial protection of such a type and in such amounts as the Secretary shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity, and shall indemnify the persons indemnified against such claims above the amount of the financial protection required, in the amount of $10,000,000,000 , in the aggregate, for all persons indemnified in connection with such contract and for each nuclear incident, including such legal costs of the contractor as are approved by the Secretary. Contract Amendments. Section 170 d. of the Atomic Energy Act of 1954 (42 USC. 2210(d)) is further amended by striking subsection and inserting the following: All agreements of indemnification under which the Department of Energy may be required to indemnify any person, shall be deemed to be amended, on the date of the enactment of the Price-Anderson Amendments Act of 1999, to reflect the amount of indemnity for public liability and any applicable financial protection required of the contractor under this subsection on such date.". <SECTION-HEADER> INCIDENTS OUTSIDE THE UNITED STATES. Amount of Indemnification. Section 170 d.(5) of the Atomic Energy Act of 1954 (42 USC. 2210(d)(5)) is amended by striking "$100,000,000" and inserting "$500,000,000". Liability Limit. Section 170e.(4) of the Atomic Energy Act of 1954 (42 USC. 2210(e)(4)) is amended by striking "$100,000,000" and inserting "$500,000,000". <SECTION-HEADER> REPORTS. Section 170 p. of the Atomic Energy Act of 1954 (42 USC. 2210(p)) is amended by striking "August 1, 1998" and inserting "August 1, 2008". <SECTION-HEADER> INFLATION ADJUSTMENT. Section 170 t. of the Atomic Energy Act of 1954 (42 USC. 2210(t)) is amended by renumbering paragraph (2) as paragraph (3). And by adding after paragraph (1) the following new paragraph: The Secretary shall adjust the amount of indemnification provided under an agreement of indemnification under subsection d. not less than once during each 5-year period following the date of the enactment of the Price- Anderson Amendments Act of 1999, in accordance with the aggregate percentage change in the Consumer Price Index since such date of enactment, in the case of the first adjustment under this subsection. Or the previous adjustment under this subsection.". <SECTION-HEADER> CIVIL PENALTIES. Repeal of Automatic Remission. Section 234A b.(2) of the Atomic Energy of 1954 (42 USC. 2282a(b)(2)) is amended by striking the last sentence. Limitation for Nonprofit Institutions. Section 234A of the Atomic Energy Act of 1954 is further amended by striking subsection d. and inserting the following: "d. Notwithstanding subsection a. no contractor, subcontractor, or supplier considered to be nonprofit under the Internal Revenue Code of 1954 shall be subject to a civil penalty under this section in excess of the amount of any performance fee paid by the Secretary to such contractor, subcontractor, or supplier under the contract under which the violation or violations. Occur.". <SECTION-HEADER> EFFECTIVE DATE. In General. The amendments made by this Act shall become effective on the date of the enactment of this Act. Indemnification Provisions. The amendments made by sections 3, 4, and 5 shall not apply to any nuclear incident occurring before the date of the enactment of this Act. Civil Penalty Provisions. The amendments made by section 8 to section 234A of the Atomic Energy Act of 1954 (42 USC. 2282a(b)(2)) shall not apply to any violation occurring under a contract entered into before the date of the enactment of this Act.

Increases from $10 million to $20 million the maximum amount of standard deferred premium that may be charged a licensee following a nuclear incident in any one year for each facility for which the licensee is required to maintain the maximum amount of primary financial protection. Sets a $10 billion ceiling upon the aggregate DOE liability limit pursuant to DOE indemnification agreements and for each nuclear incident. Provides that all agreements which obligate DOE to indemnify a person are deemed to be amended to reflect the indemnification amount for both public liability and any applicable financial protection required of the contractor as of the date of enactment of this Act. Increases from $100 million to $500 million the indemnification amount and the aggregate public liability limitation due from DOE for incidents outside the United States. Directs the Secretary of Energy to adjust the indemnification agreement amount in accordance with the aggregate percentage change in the Consumer Price Index at least once during each five-year period. Repeals the directive to the Secretary to determine whether a nonprofit educational institution should receive an automatic remission of any penalties for violations of DOE regulations. Shields a nonprofit contractor, subcontractor, or supplier from a civil penalty in excess of any performance fee paid by the Secretary.

Price-Anderson Amendments Act of 2000

104_hr988

SECTION 1. SHORT TITLE. This Act may be cited as the ``Attorney Accountability Act of 1995''. SEC. 2. AWARD OF 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. 3. HONESTY IN 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. 4. ATTORNEY ACCOUNTABILITY. (a) Sanctions.--Rule 11(c) of the Federal Rules of Civil Procedure (28 U.S.C. App.) is amended-- (1) in the matter preceding paragraph (1) by striking ``may'' and inserting ``shall''; (2) in paragraph (1)(A)-- (A) in the second sentence by striking ``, but shall'' and all that follows through ``corrected''; and (B) in the third sentence by striking ``may'' and inserting ``shall''; and (3) in paragraph (2) by striking ``A sanction imposed'' and all that follows through ``violation.'' and inserting the following: ``A sanction imposed for a violation of this rule shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of an order to pay to the other party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee.''. (b) Applicability to Discovery.--Rule 11 of the Federal Rules of Civil Procedure is amended by striking subdivision (d). SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Subject to subsection (b), this Act and the amendments made by this Act 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. (b) Application of Amendments.-- (1) The amendment made by section 2 shall apply only with respect to civil actions commenced after the effective date of this Act. (2) The amendments made by section 3 shall apply only with respect to cases in which a trial begins after the effective date of this Act. Passed the House of Representatives March 7, 1995. Attest: ROBIN H. CARLE, Clerk.

Attorney Accountability Act of 1995 - Amends the Federal judicial code to set forth provisions regarding the award of costs and attorney's fees in Federal civil diversity litigation after an offer of settlement. Provides that any party may, at any time not less than ten days before trial, serve upon an adverse party a written offer to settle a claim 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 allowing judgment to be entered according to the terms of the offer. Directs that any such offer, together with proof of service thereof, be filed with the clerk of the court. Specifies that: (1) if the party receiving the offer serves written notice 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. And (2) the fact that an offer is made but not accepted does not preclude a subsequent offer . Authorizes the court, at any time before judgment is entered, upon its own motion or the motion of any party, to exempt from such provisions any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. Specifies that if a claim is exempted, all offers made by any party under this Act with respect to that claim shall be void and have no effect. Provides that if all offers made by a party with respect to a claim, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued in the action under this Act is not more favorable to the offeree than the last such offer: (1) the offeror may file with the court a petition for payment of costs and expenses, including attorney fees, incurred with respect to the claim from the date the last offer from the offeror or from the offeree was made. And (2) the court, if it makes such a finding, shall order the offeree to pay the offeror's costs and expenses unless it finds that requiring the payment of such costs and expenses would be manifestly unjust. Specifies that such an attorney's fee shall be a reasonable fee attributable to the claim, 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, subject to specified limitations. Amends rule 702 of the Federal Rules of Evidence to provide that: (1) 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 is scientifically valid and reliable, has a valid scientific connection to the fact it is offered to prove, and is sufficiently reliable so that the probative value of such evidence is not outweighed by the dangers of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. And (2) testimony by a witness who is qualified 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. Amends rule 11(c) of the Federal Rules of Civil Procedure to require the court to impose sanctions upon the attorneys, law firms, or parties that violate provisions regarding certain representations to the court . Specifies that a sanction imposed for a violation of this rule: (1) shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated and to compensate the parties that were injured by such conduct. And (2) may consist of an order to pay to the other party the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee. Repeals provisions making rule 11 inapplicable to discovery.

Attorney Accountability Act of 1995

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Attorney Accountability Act of 1995". <SECTION-HEADER> AWARD OF 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: (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. 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. 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. 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. 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 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. 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. 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 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 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. This subsection does not apply to any claim seeking an equitable remedy.". <SECTION-HEADER> HONESTY IN EVIDENCE. Rule 702 of the Federal Rules of Evidence is amended by inserting "(a) In general. " before "If", and by adding at the end the following: 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 is scientifically valid and reliable. Has a valid scientific connection to the fact it is offered to prove. And is sufficiently reliable so that the probative value of such evidence outweighs the dangers specified in rule 403. 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. Scope. Subdivision (b) does not apply to criminal proceedings.". <SECTION-HEADER> ATTORNEY ACCOUNTABILITY. Sanctions. Rule 11(c) of the Federal Rules of Civil Procedure is amended in the matter preceding paragraph (1) by striking "may" and inserting "shall". In paragraph (1)(A) in the second sentence by striking ", but shall" and all that follows through "corrected". And in the third sentence by striking "may" and inserting "shall". And in paragraph (2) by striking "A sanction imposed" and all that follows through "violation." and inserting the following: "A sanction imposed for a violation of this rule shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of an order to pay to the other party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee.". Applicability to Discovery. Rule 11 of the Federal Rules of Civil Procedure is amended by striking subdivision (d). <SECTION-HEADER> EFFECTIVE DATE. APPLICATION OF AMENDMENTS. Effective Date. Subject to subsection (b), this Act and the amendments made by this Act 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. Application of Amendments. The amendment made by section 2 shall apply only with respect to civil actions commenced after the effective date of this Act. The amendments made by section 3 shall apply only with respect to cases in which a trial begins after the effective date of this Act. Passed the House of Representatives March 7, 1995. Attest: ROBIN H. CARLE, Clerk.

Attorney Accountability Act of 1995 - Amends the Federal judicial code to set forth provisions regarding the award of costs and attorney's fees in Federal civil diversity litigation after an offer of settlement. Provides that any party may, at any time not less than ten days before trial, serve upon an adverse party a written offer to settle a claim 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 allowing judgment to be entered according to the terms of the offer. Directs that any such offer, together with proof of service thereof, be filed with the clerk of the court. Specifies that: (1) if the party receiving the offer serves written notice 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. And (2) the fact that an offer is made but not accepted does not preclude a subsequent offer . Authorizes the court, at any time before judgment is entered, upon its own motion or the motion of any party, to exempt from such provisions any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. Specifies that if a claim is exempted, all offers made by any party under this Act with respect to that claim shall be void and have no effect. Provides that if all offers made by a party with respect to a claim, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued in the action under this Act is not more favorable to the offeree than the last such offer: (1) the offeror may file with the court a petition for payment of costs and expenses, including attorney fees, incurred with respect to the claim from the date the last offer from the offeror or from the offeree was made. And (2) the court, if it makes such a finding, shall order the offeree to pay the offeror's costs and expenses unless it finds that requiring the payment of such costs and expenses would be manifestly unjust. Specifies that such an attorney's fee shall be a reasonable fee attributable to the claim, 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, subject to specified limitations. Amends rule 702 of the Federal Rules of Evidence to provide that: (1) 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 is scientifically valid and reliable, has a valid scientific connection to the fact it is offered to prove, and is sufficiently reliable so that the probative value of such evidence is not outweighed by the dangers of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. And (2) testimony by a witness who is qualified 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. Amends rule 11(c) of the Federal Rules of Civil Procedure to require the court to impose sanctions upon the attorneys, law firms, or parties that violate provisions regarding certain representations to the court . Specifies that a sanction imposed for a violation of this rule: (1) shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated and to compensate the parties that were injured by such conduct. And (2) may consist of an order to pay to the other party the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee. Repeals provisions making rule 11 inapplicable to discovery.

Attorney Accountability Act of 1995

107_hr3686

SECTION 1. GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT. (a) In General.--The Secretary of Health and Human services may make grants for the purchase of ultrasound equipment. Such ultrasound equipment shall be used by the recipients of such grants to provide, under the direction and supervision of a licensed medical physician, free ultrasound examinations to pregnant woman needing such services. (b) Eligibility Requirements.--An entity may receive a grant under subsection (a) only if the entity meets the following conditions: (1) The entity is a nonprofit private organization that is approved by the Internal Revenue Service as a tax-exempt entity under section 501(c)(3) of the Internal Revenue Code of 1986. (2) The entity operates as a community based pregnancy help medical clinic, as defined in subsection (f). (3) The entity provides medical services to pregnant women under the guidance and supervision of a physician who serves as the medical director of the clinic and is duly licensed to practice medicine in the State in which the entity is located. (4) The entity is legally qualified to provide such medical services to pregnant women and is in compliance with all Federal, State, and local requirements for the provision of such services. (5) The entity agrees to comply with the following medical procedures: (A) Each pregnant woman upon whom the ultrasound equipment is used will be shown the visual image of the fetus from the ultrasound examination and will be given a general anatomical and physiological description of the characteristics of the fetus. (B) Each pregnant woman will be given, according to the best medical judgment of the physician performing the ultrasound examination or the physician's agent performing such exam, the approximate age of the embryo or fetus considering the number of weeks elapsed from the probable time of the conception of the embryo or fetus, based upon the information provided by the client as to the time of her last menstrual period, her medical history, a physical examination, or appropriate laboratory tests. (C) Each pregnant woman will be given information on abortion and alternatives to abortion such as childbirth and adoption and information concerning public and private agencies that will assist in those alternatives. (D) The entity will obtain and maintain medical malpractice insurance in an amount not less than $1,000,000, and such insurance will cover all activities relating to the use of the ultrasound machine purchased with the grant under subsection (a). (6) The entity does not receive more than 30 percent of its gross annual revenue from a single source or donor. (c) Limitation on Individual Grant Amount.--No grant under subsection (a) may be made in an amount that exceeds an amount equal to 50 percent of the purchase price cost of the ultrasound machine involved, or $20,000, whichever is less. (d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (e) Annual Report to Secretary.--A grant may be made under subsection (a) only if the applicant for the grant agrees to report on an annual basis to the Secretary, in such form and manner as the Secretary may require, on the ongoing compliance of the applicant with the eligibility conditions established in subsection (b). (f) Definitions.--For purposes of this Act: (1) The term ``community based pregnancy help medical clinic'' means a facility that-- (A) provides free medical services to pregnant women under the supervision and direction of a licensed physician who serves as the medical director for such clinic; and (B) does not charge for any services rendered to its clients, whether or not such services are for pregnancy or nonpregnancy related matters. (2) The term ``Secretary'' means the Secretary of Health and Human Services. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $3,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006.

Authorizes the Secretary of Health and Human Services to make grants to eligible nonprofit community based pregnancy help medical clinics to purchase ultrasound equipment to provide free examinations to pregnant women, under the direction and supervision of a licensed medical physician. Conditions eligibility on a clinic agreeing to provide each examined woman a visual image, the age, and a physical description of the fetus and information on abortion and alternatives.

To authorize the Secretary of Health and Human Services to make grants to nonprofit tax-exempt organizations for the purchase of ultrasound equipment to provide free examinations to pregnant women needing such services, and for other purposes.

<SECTION-HEADER> GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT. In General. The Secretary of Health and Human services may make grants for the purchase of ultrasound equipment. Such ultrasound equipment shall be used by the recipients of such grants to provide, under the direction and supervision of a licensed medical physician, free ultrasound examinations to pregnant woman needing such services. Eligibility Requirements. An entity may receive a grant under subsection (a) only if the entity meets the following conditions: The entity is a nonprofit private organization that is approved by the Internal Revenue Service as a tax-exempt entity under section 501(c)(3) of the Internal Revenue Code of 1986. The entity operates as a community based pregnancy help medical clinic, as defined in subsection (f). The entity provides medical services to pregnant women under the guidance and supervision of a physician who serves as the medical director of the clinic and is duly licensed to practice medicine in the State in which the entity is located. The entity is legally qualified to provide such medical services to pregnant women and is in compliance with all Federal, State, and local requirements for the provision of such services. The entity agrees to comply with the following medical procedures: Each pregnant woman upon whom the ultrasound equipment is used will be shown the visual image of the fetus from the ultrasound examination and will be given a general anatomical and physiological description of the characteristics of the fetus. Each pregnant woman will be given, according to the best medical judgment of the physician performing the ultrasound examination or the physician's agent performing such exam, the approximate age of the embryo or fetus considering the number of weeks elapsed from the probable time of the conception of the embryo or fetus, based upon the information provided by the client as to the time of her last menstrual period, her medical history, a physical examination, or appropriate laboratory tests. Each pregnant woman will be given information on abortion and alternatives to abortion such as childbirth and adoption and information concerning public and private agencies that will assist in those alternatives. The entity will obtain and maintain medical malpractice insurance in an amount not less than $1,000,000, and such insurance will cover all activities relating to the use of the ultrasound machine purchased with the grant under subsection (a). The entity does not receive more than 30 percent of its gross annual revenue from a single source or donor. Limitation on Individual Grant Amount. No grant under subsection (a) may be made in an amount that exceeds an amount equal to 50 percent of the purchase price cost of the ultrasound machine involved, or $20,000, whichever is less. Application for Grant. A grant may be made under subsection only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. Annual Report to Secretary. A grant may be made under subsection (a) only if the applicant for the grant agrees to report on an annual basis to the Secretary, in such form and manner as the Secretary may require, on the ongoing compliance of the applicant with the eligibility conditions established in subsection (b). Definitions. For purposes of this Act: The term "community based pregnancy help medical clinic" means a facility that provides free medical services to pregnant women under the supervision and direction of a licensed physician who serves as the medical director for such clinic. And does not charge for any services rendered to its clients, whether or not such services are for pregnancy or nonpregnancy related matters. The term "Secretary" means the Secretary of Health and Human Services. Authorization of Appropriations. For the purpose of carrying out this section, there are authorized to be appropriated $3,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006.

Authorizes the Secretary of Health and Human Services to make grants to eligible nonprofit community based pregnancy help medical clinics to purchase ultrasound equipment to provide free examinations to pregnant women, under the direction and supervision of a licensed medical physician. Conditions eligibility on a clinic agreeing to provide each examined woman a visual image, the age, and a physical description of the fetus and information on abortion and alternatives.

To authorize the Secretary of Health and Human Services to make grants to nonprofit tax-exempt organizations for the purchase of ultrasound equipment to provide free examinations to pregnant women needing such services, and for other purposes.

113_hr1552

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Freedom for Seniors Act''. SEC. 2. TRANSFER OF REQUIRED MINIMUM DISTRIBUTION FROM RETIREMENT PLAN TO HEALTH SAVINGS ACCOUNT. (a) Transfer From Retirement Plan.-- (1) Individual retirement accounts.--Section 408(d) of such Code is amended by adding at the end the following new paragraph: ``(10) Required minimum distribution transferred to health savings account.-- ``(A) In general.--In the case of an individual who has attained the age of 70\1/2\ and who elects the application of this paragraph for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. ``(B) Qualified hsa transfer.--For purposes of this paragraph, the term `qualified HSA transfer' means any distribution from an individual retirement plan-- ``(i) to a health savings account of the individual in a direct trustee-to-trustee transfer, ``(ii) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. ``(C) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of paragraph (1), the entire amount of the distribution shall be treated as includible in gross income without regard to paragraph (1) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during such taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(D) Coordination.--An election may not be made under subparagraph (A) for a taxable year for which an election is in effect under paragraph (9).''. (2) Other retirement plans.--Section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(m) Required Minimum Distribution Transferred to Health Savings Account.-- ``(1) In general.--In the case of an individual who has attained the age of 70\1/2\ and who elects the application of this subsection for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. ``(2) Qualified hsa transfer.--For purposes of this subsection, the term `qualified HSA transfer' means any distribution from an retirement plan-- ``(A) to a health savings account of the individual in a direct trustee-to-trustee transfer, ``(B) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. ``(3) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of paragraph (1), the entire amount of the distribution shall be treated as includible in gross income without regard to paragraph (1) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all eligible retirement plans of the individual were distributed during such taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(4) Eligible retirement plan.--For purposes of this subsection, the term `eligible retirement plan' has the meaning given such term by subsection (c)(8)(B) (determined without regard to clauses (i) and (ii) thereof).''. (b) Transfer to Health Savings Account.-- (1) In general.--Subparagraph (A) of section 223(d)(1) of such Code is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) unless it is in a qualified HSA transfer described in section 408(d)(10) or 402(m).''. (2) Excise tax inapplicable to qualified hsa transfer.-- Paragraph (1) of section 4973(g) of such Code is amended by inserting ``or in a qualified HSA transfer described in section 408(d)(10) or 402(m)'' after ``or 223(f)(5)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act, in taxable years ending after such date.

Health Freedom for Seniors Act - Amends the Internal Revenue Code to allow tax-free transfers of required distributions after age 70 12 from an individual retirement account (IRA) and other tax-exempt retirement accounts to a health savings account. nbsp. Exempts such transfers from the excise tax on excess contributions to tax-favored accounts and annuities.

Health Freedom for Seniors Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Health Freedom for Seniors Act". <SECTION-HEADER> TRANSFER OF REQUIRED MINIMUM DISTRIBUTION FROM RETIREMENT PLAN TO HEALTH SAVINGS ACCOUNT. Transfer From Retirement Plan. Individual retirement accounts. Section 408(d) of such Code is amended by adding at the end the following new paragraph: Required minimum distribution transferred to health savings account. In general. In the case of an individual who has attained the age of 7012 and who elects the application of this paragraph for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. Qualified hsa transfer. For purposes of this paragraph, the term `qualified HSA transfer' means any distribution from an individual retirement plan to a health savings account of the individual in a direct trustee-to-trustee transfer, to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. Application of section 72. Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of paragraph (1), the entire amount of the distribution shall be treated as includible in gross income without regard to paragraph (1) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during such taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. Coordination. An election may not be made under subparagraph (A) for a taxable year for which an election is in effect under paragraph (9).". Other retirement plans. Section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: Required Minimum Distribution Transferred to Health Savings Account. In general. In the case of an individual who has attained the age of 7012 and who elects the application of this subsection for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. Qualified hsa transfer. For purposes of this subsection, the term `qualified HSA transfer' means any distribution from an retirement plan to a health savings account of the individual in a direct trustee-to-trustee transfer, to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. Application of section 72. Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of paragraph (1), the entire amount of the distribution shall be treated as includible in gross income without regard to paragraph (1) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all eligible retirement plans of the individual were distributed during such taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. Eligible retirement plan. For purposes of this subsection, the term `eligible retirement plan' has the meaning given such term by subsection (c)(8)(B) (determined without regard to clauses (i) and .". Transfer to Health Savings Account. In general. Subparagraph (A) of section 223(d)(1) of such Code is amended by striking "or" at the end of clause , by striking the period at the end of clause (ii)(II) and inserting ", or", and by adding at the end the following new clause: unless it is in a qualified HSA transfer described in section 408(d)(10) or 402(m).". Excise tax inapplicable to qualified hsa transfer. Paragraph (1) of section 4973(g) of such Code is amended by inserting "or in a qualified HSA transfer described in section 408(d)(10) or 402(m)" after "or 223(f)(5)". Effective Date. The amendments made by this section shall apply to distributions made after the date of the enactment of this Act, in taxable years ending after such date.

Health Freedom for Seniors Act - Amends the Internal Revenue Code to allow tax-free transfers of required distributions after age 70 12 from an individual retirement account (IRA) and other tax-exempt retirement accounts to a health savings account. nbsp. Exempts such transfers from the excise tax on excess contributions to tax-favored accounts and annuities.

Health Freedom for Seniors Act

114_hr3078

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Americans Living Abroad Act of 2015''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Americans Living Abroad'' (in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed by the President, of whom-- (1) two members shall be appointed from among individuals recommended by the Speaker of the House of Representatives; (2) two members shall be appointed from among individuals recommended by the minority leader of the House of Representatives; (3) two members shall be appointed from among individuals recommended by the majority leader of the Senate; and (4) two members shall be appointed from among individuals recommended by the minority leader of the Senate. (b) Qualifications.-- (1) Limit on officers or employees of the united states.-- Not more than 6 members shall be officers or employees of the United States. (2) Political party affiliation.--Not more than 6 members of the Commission may be of the same political party. (3) Expertise.-- (A) Officers or employees of the united states.-- Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). (B) Other members.--Members of the Commission who are not officers or employees of the United States shall be appointed from among individuals who-- (i) have lived in a foreign country for not less than one year; (ii) are members of organizations that represent United States citizens living in foreign countries; or (iii) have other experience that is relevant to the matters to be studied by the Commission under section 4(a)(2). (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. Any vacancy in the Commission shall not affect its powers. (d) First Meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson.--The President shall select a Chairperson for the Commission from among its members. SEC. 4. DUTIES. (a) Study.-- (1) In general.--The Commission shall conduct a study on how Federal laws and policies affect United States citizens living in foreign countries, including civilians and members of the Armed Forces. (2) Matters studied.--The matters studied shall include the following: (A) Federal financial reporting requirements for a United States citizen living in a foreign country, including the requirements under section 5314 of title 31, United States Code. (B) Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 (commonly known as the ``Foreign Account Tax Compliance Act'') and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) (Public Law 107-56). (C) Federal requirements for a spouse, child, or another family member of a United States citizen living in a foreign country who is not a United States citizen to become a United States citizen. (D) The ability of a United States citizen living in a foreign country to vote in Federal, State, and local elections in the United States, and the process for such a citizen to vote in such elections. (E) The processes by which a United States citizen living in a foreign country interacts with Federal programs such as Social Security and Medicare. (F) Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. (b) Consultation With Outside Organizations.--In conducting the study under subsection (a), the Commission shall consult with organizations that represent United States citizens living in foreign countries. (c) Reports.-- (1) Initial report.--Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. (2) Update.--Not later than one year after the date on which the Commission submits the report under paragraph (1), the Commission shall submit an update to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall describe any administrative actions taken by the head of any Federal agency pursuant to the recommendations in such report. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) 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. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--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 to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any United States employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. FEDERAL AGENCY RESPONSE. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation. SEC. 8. TERMINATION. The Commission shall terminate on the date on which it submits its update under section 4(c)(2). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $2,000,000 for each of fiscal years 2015 and 2016 to the Commission to carry out this Act to remain available until the termination of the Commission.

Commission on Americans Living Abroad Act of 2015 Establishes the Commission on Americans Living Abroad which shall conduct a study of how federal laws and policies affect US citizens living abroad, including civilians and members of the Armed Forces. Requires the head of any federal agency that is affected by a recommendation in the report required by this Act to submit a response to the President, Congress, and the Commission.

Commission on Americans Living Abroad Act of 2015

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Commission on Americans Living Abroad Act of 2015". <SECTION-HEADER> ESTABLISHMENT. There is established a commission to be known as the "Commission on Americans Living Abroad" . <SECTION-HEADER> MEMBERSHIP. Number and Appointment. The Commission shall be composed of 10 members appointed by the President, of whom two members shall be appointed from among individuals recommended by the Speaker of the House of Representatives. Two members shall be appointed from among individuals recommended by the minority leader of the House of Representatives. Two members shall be appointed from among individuals recommended by the majority leader of the Senate. And two members shall be appointed from among individuals recommended by the minority leader of the Senate. Qualifications. Limit on officers or employees of the united states. Not more than 6 members shall be officers or employees of the United States. Political party affiliation. Not more than 6 members of the Commission may be of the same political party. Expertise. Officers or employees of the united states. Members of the Commission who are officers or employees of the United States shall be appointed from among individuals whose employment is directly related to the matters to be studied by the Commission under section 4(a)(2). Other members. Members of the Commission who are not officers or employees of the United States shall be appointed from among individuals who have lived in a foreign country for not less than one year. Are members of organizations that represent United States citizens living in foreign countries. Or have other experience that is relevant to the matters to be studied by the Commission under section 4(a)(2). Period of Appointment. Vacancies. Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. Any vacancy in the Commission shall not affect its powers. First Meeting. Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. Meetings. The Commission shall meet at the call of the Chairperson. Quorum. A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. Chairperson. The President shall select a Chairperson for the Commission from among its members. <SECTION-HEADER> DUTIES. Study. In general. The Commission shall conduct a study on how Federal laws and policies affect United States citizens living in foreign countries, including civilians and members of the Armed Forces. Matters studied. The matters studied shall include the following: Federal financial reporting requirements for a United States citizen living in a foreign country, including the requirements under section 5314 of title 31, United States Code. Federal policies and requirements that affect the ability of a United States citizen living in a foreign country to access foreign and domestic financial institutions, including requirements under chapter 4 of the Internal Revenue Code of 1986 and requirements affecting financial institutions imposed by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 . Federal requirements for a spouse, child, or another family member of a United States citizen living in a foreign country who is not a United States citizen to become a United States citizen. The ability of a United States citizen living in a foreign country to vote in Federal, State, and local elections in the United States, and the process for such a citizen to vote in such elections. The processes by which a United States citizen living in a foreign country interacts with Federal programs such as Social Security and Medicare. Which Federal agencies have jurisdiction over each Federal program that serves United States citizens who live in foreign countries and possible methods to improve the collaboration of and coordination between such Federal agencies. Consultation With Outside Organizations. In conducting the study under subsection (a), the Commission shall consult with organizations that represent United States citizens living in foreign countries. Reports. Initial report. Not later than one year after the date of enactment of this Act, the Commission shall submit a report to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative and administrative actions as it considers appropriate. Update. Not later than one year after the date on which the Commission submits the report under paragraph (1), the Commission shall submit an update to the President, Congress, and the head of any Federal agency identified in subsection (a)(2)(F), which shall describe any administrative actions taken by the head of any Federal agency pursuant to the recommendations in such report. <SECTION-HEADER> POWERS OF THE COMMISSION. Hearings and Sessions. The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Powers of Members and Agents. Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. Obtaining Official Data. Subject to section 6103 of the Internal Revenue Code of 1986, the Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. 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. <SECTION-HEADER> COMMISSION PERSONNEL MATTERS. Compensation of Members. Each member of the Commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Travel Expenses. The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. Staff. In general. 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 to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. Compensation. The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. Detail of Government Employees. Any United States employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. Procurement of Temporary and Intermittent Services. The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. <SECTION-HEADER> FEDERAL AGENCY RESPONSE. Not later than 180 days after the date on which the Commission submits the report under section 4(c)(1), the head of any Federal agency that is affected by a recommendation in such report shall submit to the President, Congress, and the Commission a response to such recommendation, including any plans to take administrative action pursuant to such recommendation. <SECTION-HEADER> TERMINATION. The Commission shall terminate on the date on which it submits its update under section 4(c)(2). <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $2,000,000 for each of fiscal years 2015 and 2016 to the Commission to carry out this Act to remain available until the termination of the Commission.

Commission on Americans Living Abroad Act of 2015 Establishes the Commission on Americans Living Abroad which shall conduct a study of how federal laws and policies affect US citizens living abroad, including civilians and members of the Armed Forces. Requires the head of any federal agency that is affected by a recommendation in the report required by this Act to submit a response to the President, Congress, and the Commission.

Commission on Americans Living Abroad Act of 2015

112_s3365

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Court Interpreter Grant Program Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) the fair administration of justice depends on the ability of all participants in a courtroom proceeding to understand that proceeding, regardless of their English proficiency; (2) 21 percent of the population of the United States over 5 years of age speaks a language other than English at home; (3) only qualified and certified court interpreters can ensure that persons with limited English proficiency comprehend judicial proceedings in which they are a party; (4) the knowledge and skills required of a qualified court interpreter differ substantially from those required in other interpretation settings, such as social service, medical, diplomatic, and conference settings; (5) the Federal Government has demonstrated its commitment to equal administration of justice, regardless of English proficiency; (6) regulations implementing title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as well as the guidance issued by the Department of Justice pursuant to Executive Order 13166, issued August 11, 2000, clarify that all recipients of Federal financial assistance, including State courts, are required to take reasonable steps to provide meaningful access to their proceedings for persons with limited English proficiency; (7) 43 States have developed, or are developing, qualified court interpreter programs; (8) a robust and effective court interpreter program-- (A) actively recruits skilled individuals to serve as court interpreters; (B) trains those individuals in the interpretation of court proceedings; (C) develops and uses a thorough, systematic certification process for court interpreters; (D) has sufficient funding to ensure that a qualified and certified interpreter will be available to the court whenever necessary; and (E) efficiently uses funding to create substantial cost savings; and (9) Federal funding is necessary to-- (A) encourage State courts that do not have court interpreter programs to develop them; (B) assist State courts with nascent court interpreter programs to implement them; (C) assist State courts with limited court interpreter programs to enhance them; and (D) assist State courts with robust court interpreter programs to make further improvements and share successful cost saving programs with other States. SEC. 3. STATE COURT INTERPRETER PROGRAM. (a) Grants Authorized.-- (1) In general.--The Administrator of the Office of Justice Programs of the Department of Justice (referred to in this section as the ``Administrator'') shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State courts to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party. (2) Use of grants.--A State court may use a grant awarded under this subsection to-- (A) develop or enhance a court interpreter program for the State court; (B) develop, institute, and administer language certification examinations; (C) recruit, train, and certify qualified court interpreters; (D) pay for salaries, transportation, and technology necessary to implement the court interpreter program developed or enhanced under subparagraph (A); (E) provide for remote interpretation services to facilitate certified court interpretations when costs prohibit in-person interpretation; or (F) engage in other related activities, as prescribed by the Attorney General. (b) Application.-- (1) In general.--The highest State court of each State seeking a grant under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. (2) Contents.--The highest State court of each State submitting an application under paragraph (1) shall include in the application-- (A) a demonstration of need for the development, implementation, or expansion of a State court interpreter program; (B) an identification of each State court in that State that would receive funds from the grant; (C) the amount of funds that each State court identified under subparagraph (B) would receive from the grant; and (D) the procedures that the highest State court would use to directly distribute grant funds to State courts identified under subparagraph (B). (c) State Court Allotments.-- (1) Base allotment.--From amounts appropriated for each fiscal year pursuant to section 5, the Administrator shall allocate $100,000 to the highest court of each State that has an application approved under subsection (b). (2) Additional allotment.-- (A) In general.--From amounts appropriated for each fiscal year pursuant to section 5, the Administrator shall allocate $5,000,000 to be distributed among the highest State courts that-- (i) have an application approved under subsection (b); and (ii) are located in a State with extraordinary needs that prevent the development, implementation, or expansion of a State court interpreter program. (B) Determining need.--In determining whether a State has extraordinary needs required under subparagraph (A), the Administrator shall consider-- (i) based on data from the Bureau of the Census, the ratio between the number of people over 5 years of age who speak a language other than English at home and identify as speaking English less than very well-- (I) in that State; and (II) in all of the States that receive an allocation under paragraph (1); and (ii) any efficiency or substantial cost savings expected from a State court interpreter program. (C) Priority consideration.--In allocating amounts under subparagraph (A), the Administrator shall give priority to any State that does not have and has not begun to develop a qualified court interpreter program. (d) Treatment of District of Columbia.--For purposes of this section-- (1) the District of Columbia shall be treated as a State; and (2) the District of Columbia Court of Appeals shall act as the highest State court for the District of Columbia. SEC. 4. REPORT. Not later than 1 year after the date on which the first grant is made under section 3, the Administrator shall submit a report to Congress that describes how each highest State court has used the funds from each grant made under section 3 in a manner consistent with section 3(a)(2). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for each of fiscal years 2013 through 2017 to carry out this Act.

State Court Interpreter Grant Program Act of 2012 - Directs the Administrator of the Office of Justice Programs of the Department of Justice (DOJ) to make grants to state courts to develop and implement programs to assist individuals with limited English proficiency to access and understand state court proceedings in which they are a party. Authorizes the use of grant awards by state courts to: (1) develop or enhance a court interpreter program, (2) develop, institute, and administer language certification examinations, (3) recruit, train, and certify qualified court interpreters. (4) pay for salaries, transportation, and technology necessary to implement the court interpreter program. (5) provide for remote interpretation services to facilitate certified court interpretations when costs prohibit in-person interpretation. Or (6) engage in other activities prescribed by the Attorney General.

A bill to authorize the Attorney General to award grants to State courts to develop and implement State court interpreter programs.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "State Court Interpreter Grant Program Act of 2012". <SECTION-HEADER> FINDINGS. Congress finds that the fair administration of justice depends on the ability of all participants in a courtroom proceeding to understand that proceeding, regardless of their English proficiency. 21 percent of the population of the United States over 5 years of age speaks a language other than English at home. Only qualified and certified court interpreters can ensure that persons with limited English proficiency comprehend judicial proceedings in which they are a party. The knowledge and skills required of a qualified court interpreter differ substantially from those required in other interpretation settings, such as social service, medical, diplomatic, and conference settings. The Federal Government has demonstrated its commitment to equal administration of justice, regardless of English proficiency. Regulations implementing title VI of the Civil Rights Act of 1964 , as well as the guidance issued by the Department of Justice pursuant to Executive Order 13166, issued August 11, 2000, clarify that all recipients of Federal financial assistance, including State courts, are required to take reasonable steps to provide meaningful access to their proceedings for persons with limited English proficiency. 43 States have developed, or are developing, qualified court interpreter programs. A robust and effective court interpreter program actively recruits skilled individuals to serve as court interpreters, trains those individuals in the interpretation of court proceedings. Develops and uses a thorough, systematic certification process for court interpreters. Has sufficient funding to ensure that a qualified and certified interpreter will be available to the court whenever necessary, and efficiently uses funding to create substantial cost savings. And Federal funding is necessary to encourage State courts that do not have court interpreter programs to develop them. Assist State courts with nascent court interpreter programs to implement them. Assist State courts with limited court interpreter programs to enhance them. And assist State courts with robust court interpreter programs to make further improvements and share successful cost saving programs with other States. <SECTION-HEADER> STATE COURT INTERPRETER PROGRAM. Grants Authorized. In general. The Administrator of the Office of Justice Programs of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State courts to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party. Use of grants. A State court may use a grant awarded under this subsection to develop or enhance a court interpreter program for the State court, develop, institute, and administer language certification examinations, recruit, train, and certify qualified court interpreters. Pay for salaries, transportation, and technology necessary to implement the court interpreter program developed or enhanced under subparagraph (A). Provide for remote interpretation services to facilitate certified court interpretations when costs prohibit in-person interpretation. Or engage in other related activities, as prescribed by the Attorney General. Application. In general. The highest State court of each State seeking a grant under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. Contents. The highest State court of each State submitting an application under paragraph (1) shall include in the application a demonstration of need for the development, implementation, or expansion of a State court interpreter program. An identification of each State court in that State that would receive funds from the grant. The amount of funds that each State court identified under subparagraph (B) would receive from the grant. And the procedures that the highest State court would use to directly distribute grant funds to State courts identified under subparagraph (B). State Court Allotments. Base allotment. From amounts appropriated for each fiscal year pursuant to section 5, the Administrator shall allocate $100,000 to the highest court of each State that has an application approved under subsection (b). Additional allotment. In general. From amounts appropriated for each fiscal year pursuant to section 5, the Administrator shall allocate $5,000,000 to be distributed among the highest State courts that have an application approved under subsection (b). And are located in a State with extraordinary needs that prevent the development, implementation, or expansion of a State court interpreter program. Determining need. In determining whether a State has extraordinary needs required under subparagraph (A), the Administrator shall consider based on data from the Bureau of the Census, the ratio between the number of people over 5 years of age who speak a language other than English at home and identify as speaking English less than very well in that State. And in all of the States that receive an allocation under paragraph. And any efficiency or substantial cost savings expected from a State court interpreter program. Priority consideration. In allocating amounts under subparagraph (A), the Administrator shall give priority to any State that does not have and has not begun to develop a qualified court interpreter program. Treatment of District of Columbia. For purposes of this section the District of Columbia shall be treated as a State. And the District of Columbia Court of Appeals shall act as the highest State court for the District of Columbia. <SECTION-HEADER> REPORT. Not later than 1 year after the date on which the first grant is made under section 3, the Administrator shall submit a report to Congress that describes how each highest State court has used the funds from each grant made under section 3 in a manner consistent with section 3(a)(2). <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for each of fiscal years 2013 through 2017 to carry out this Act.

State Court Interpreter Grant Program Act of 2012 - Directs the Administrator of the Office of Justice Programs of the Department of Justice (DOJ) to make grants to state courts to develop and implement programs to assist individuals with limited English proficiency to access and understand state court proceedings in which they are a party. Authorizes the use of grant awards by state courts to: (1) develop or enhance a court interpreter program, (2) develop, institute, and administer language certification examinations, (3) recruit, train, and certify qualified court interpreters. (4) pay for salaries, transportation, and technology necessary to implement the court interpreter program. (5) provide for remote interpretation services to facilitate certified court interpretations when costs prohibit in-person interpretation. Or (6) engage in other activities prescribed by the Attorney General.

A bill to authorize the Attorney General to award grants to State courts to develop and implement State court interpreter programs.

112_s433

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free and Fair Trade Act of 2011''. SEC. 2. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES. (a) Extension.--Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking ``December 31, 2010'' and inserting ``June 30, 2012''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to goods entered on or after the 15th day after the date of the enactment of this Act. (2) Retroactive application for certain liquidations and reliquidations.-- (A) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of an article (other than an article described in section 503(b)(5) of the Trade Act of 1974, as amended by section 3(a) of this Act) to which duty-free treatment under title V of the Trade Act of 1974 would have applied if the entry had been made on December 31, 2010, that was made-- (i) after December 31, 2010; and (ii) before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry occurred on the date that is 15 days after the date of the enactment of this Act. (B) Requests.--A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (i) to locate the entry; or (ii) to reconstruct the entry if it cannot be located. (C) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (3) Definition.--As used in this subsection, the term ``entry'' includes a withdrawal from warehouse for consumption. SEC. 3. INELIGIBILITY OF CERTAIN SLEEPING BAGS FOR PREFERENTIAL TREATMENT UNDER THE GENERALIZED SYSTEM OF PREFERENCES. (a) In General.--Section 503(b) of the Trade Act of 1974 (19 U.S.C. 2463(b)) is amended by adding at the end the following: ``(5) Certain sleeping bags.--An article classifiable under subheading 9404.30.80 of the Harmonized Tariff Schedule of the United States shall not be an eligible article for purposes of subsection (a).''. (b) Applicability.--The amendment made by subsection (a) shall apply to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 4. EXTENSION OF ANDEAN TRADE PREFERENCE ACT. (a) Extension.--Section 208(a) of the Andean Trade Preference Act (19 U.S.C. 3206(a)) is amended-- (1) in paragraph (1)(A), by striking ``February 12, 2011'' and inserting ``June 30, 2012''; and (2) in paragraph (2), by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (b) Treatment of Certain Apparel Articles.--Section 204(b)(3) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(3)) is amended-- (1) in subparagraph (B)-- (A) in clause (iii)-- (i) in subclause (II), by striking ``8 succeeding 1-year periods'' and inserting ``9 succeeding 1-year periods''; and (ii) in subclause (III)(bb), by striking ``and for the succeeding 3-year period'' and inserting ``and for the succeeding 4-year period''; and (B) in clause (v)(II), by striking ``7 succeeding 1-year periods'' and inserting ``8 succeeding 1-year periods''; and (2) in subparagraph (E)(ii)(II), by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to articles entered on or after the 15th day after the date of the enactment of this Act. (2) Retroactive application for certain liquidations and reliquidations.-- (A) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of an article to which duty-free treatment or other preferential treatment under the Andean Trade Preference Act would have applied if the entry had been made on February 12, 2011, that was made-- (i) after February 12, 2011; and (ii) before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry occurred on the date that is 15 days after the date of the enactment of this Act. (B) Requests.--A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (i) to locate the entry; or (ii) to reconstruct the entry if it cannot be located. (C) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (3) Definition.--As used in this subsection, the term ``entry'' includes a withdrawal from warehouse for consumption. SEC. 5. OFFSET. (a) In General.--Notwithstanding any other provision of law, of all unobligated Federal funds available, $2,300,000,000 in appropriated discretionary unexpired funds are rescinded. (b) Implementation.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall-- (1) identify the accounts and amounts rescinded to implement subsection (a); and (2) submit a report to the Secretary of the Treasury and Congress of the accounts and amounts identified under paragraph (1) for rescission. (c) Exception.--This section shall not apply to the unobligated Federal funds of the Department of Defense or the Department of Veterans Affairs. SEC. 6. COMPLIANCE WITH PAYGO. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Free and Fair Trade Act of 2011 - Amends the Trade Act of 1974 to extend duty-free treatment under the Generalized System of Preferences (GSP) through June 30, 2012. Requires the liquidation or reliquidation on such articles that entered into the United States after December 31, 2010, and before the 15th day after enactment of this Act. Makes ineligible for such treatment certain imported sleeping bags. Amends the Andean Trade Preference Act (ATPA) to extend duty-free treatment or other preferential treatment of the products of Colombia and Ecuador through June 30, 2012. Extends through FY2012 preferential treatment for apparel articles assembled in one or more beneficiary countries from regional fabrics or regional components, and specified other type apparel (brassieres). Requires the liquidation or reliquidation on such articles that entered into the United States after February 12, 2011, and before the 15th day after enactment of this Act. Extends the President's authority to take bilateral emergency action to grant duty-free treatment of certain apparel articles imported from an ATPDEA beneficiary country. Rescinds $2.3 billion in appropriated discretionary unexpired federal funds.

A bill to extend certain trade preference programs, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Free and Fair Trade Act of 2011". <SECTION-HEADER> EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES. Extension. Section 505 of the Trade Act of 1974 is amended by striking "December 31, 2010" and inserting "June 30, 2012". Effective Date. In general. The amendment made by subsection (a) shall apply to goods entered on or after the 15th day after the date of the enactment of this Act. Retroactive application for certain liquidations and reliquidations. In general. Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law and subject to subparagraph (B), any entry of an article (other than an article described in section 503(b)(5) of the Trade Act of 1974, as amended by section 3 to which duty-free treatment under title V of the Trade Act of 1974 would have applied if the entry had been made on December 31, 2010, that was made after December 31, 2010. And before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry occurred on the date that is 15 days after the date of the enactment of this Act. Requests. A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with US Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable US Customs and Border Protection to locate the entry. Or to reconstruct the entry if it cannot be located. Payment of amounts owed. Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation . Definition. As used in this subsection, the term "entry" includes a withdrawal from warehouse for consumption. <SECTION-HEADER> INELIGIBILITY OF CERTAIN SLEEPING BAGS FOR PREFERENTIAL TREATMENT UNDER THE GENERALIZED SYSTEM OF PREFERENCES. In General. Section 503(b) of the Trade Act of 1974 (19 USC. 2463(b)) is amended by adding at the end the following: Certain sleeping bags. An article classifiable under subheading 9404.30.80 of the Harmonized Tariff Schedule of the United States shall not be an eligible article for purposes of subsection (a).". Applicability. The amendment made by subsection (a) shall apply to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. <SECTION-HEADER> EXTENSION OF ANDEAN TRADE PREFERENCE ACT. Extension. Section 208(a) of the Andean Trade Preference Act (19 USC. 3206(a)) is amended in paragraph (1)(A), by striking "February 12, 2011" and inserting "June 30, 2012". And in paragraph (2), by striking "February 12, 2011" and inserting "June 30, 2012". Treatment of Certain Apparel Articles. Section 204(b)(3) of the Andean Trade Preference Act (19 USC. 3203(b)(3)) is amended in subparagraph (B) in clause (iii) in subclause (II), by striking "8 succeeding 1-year periods" and inserting "9 succeeding 1-year periods". And in subclause (III)(bb), by striking "and for the succeeding 3-year period" and inserting "and for the succeeding 4-year period". And in clause (v)(II), by striking "7 succeeding 1-year periods" and inserting "8 succeeding 1-year periods". And in subparagraph (E)(ii)(II), by striking "February 12, 2011" and inserting "June 30, 2012". Effective Date. In general. The amendments made by this section shall apply to articles entered on or after the 15th day after the date of the enactment of this Act. Retroactive application for certain liquidations and reliquidations. In general. Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law and subject to subparagraph (B), any entry of an article to which duty-free treatment or other preferential treatment under the Andean Trade Preference Act would have applied if the entry had been made on February 12, 2011, that was made after February 12, 2011. And before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry occurred on the date that is 15 days after the date of the enactment of this Act. Requests. A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with US Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable US Customs and Border Protection to locate the entry. Or to reconstruct the entry if it cannot be located. Payment of amounts owed. Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation . Definition. As used in this subsection, the term "entry" includes a withdrawal from warehouse for consumption. <SECTION-HEADER> OFFSET. In General. Notwithstanding any other provision of law, of all unobligated Federal funds available, $2,300,000,000 in appropriated discretionary unexpired funds are rescinded. Implementation. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall identify the accounts and amounts rescinded to implement subsection (a). And submit a report to the Secretary of the Treasury and Congress of the accounts and amounts identified under paragraph for rescission. Exception. This section shall not apply to the unobligated Federal funds of the Department of Defense or the Department of Veterans Affairs. <SECTION-HEADER> COMPLIANCE WITH PAYGO. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Free and Fair Trade Act of 2011 - Amends the Trade Act of 1974 to extend duty-free treatment under the Generalized System of Preferences (GSP) through June 30, 2012. Requires the liquidation or reliquidation on such articles that entered into the United States after December 31, 2010, and before the 15th day after enactment of this Act. Makes ineligible for such treatment certain imported sleeping bags. Amends the Andean Trade Preference Act (ATPA) to extend duty-free treatment or other preferential treatment of the products of Colombia and Ecuador through June 30, 2012. Extends through FY2012 preferential treatment for apparel articles assembled in one or more beneficiary countries from regional fabrics or regional components, and specified other type apparel (brassieres). Requires the liquidation or reliquidation on such articles that entered into the United States after February 12, 2011, and before the 15th day after enactment of this Act. Extends the President's authority to take bilateral emergency action to grant duty-free treatment of certain apparel articles imported from an ATPDEA beneficiary country. Rescinds $2.3 billion in appropriated discretionary unexpired federal funds.

A bill to extend certain trade preference programs, and for other purposes.

104_hr2981

SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneurial Investment Act of 1996''. SEC. 2. EQUITY CAPITAL INVESTMENTS BY SMALLER BANK HOLDING COMPANIES. Section 4(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)) is amended by adding at the end thereof the following new paragraph: ``(15) shares of a company (other than an insured depository institution or a depository institution holding company) engaged in activities not authorized pursuant to section 4 provided the conditions and requirements of this paragraph are met. ``(A) Acquisition and retention of shares.--No bank holding company may acquire and retain ownership or control of shares of a company pursuant to this paragraph unless-- ``(i) each insured depository institution controlled by the bank holding company is well- capitalized; ``(ii) the total consolidated assets of the bank holding company are less than $1 billion; ``(iii) the bank holding company or any subsidiary of the bank holding company has had a significant debt relationship with the company for at least 1 year; ``(iv) the aggregate amount of all investments held by the bank holding company and all of its subsidiaries under this paragraph, measured quarterly, does not exceed 50 percent of the sum of the excess capital of each insured depository institution controlled by the bank holding company; ``(v) the shares do not represent 25 percent or more of any class of voting shares of any company; ``(vi) the shares are not acquired or held by a depository institution or a subsidiary of a depository institution; and ``(vii) the bank holding company does not actively manage or operate the company. ``(B) Restrictions on joint marketing.--No depository institution (and no subsidiary of such depository institution) shall-- ``(i) offer or market, directly or indirectly through any arrangement, any product or service of any company whose shares are owned or controlled by the bank holding company pursuant to this paragraph; or ``(ii) permit any of such depository institution's (or subsidiary's) products or services to be offered or marketed, directly or indirectly through any arrangement, by or through any company whose shares are owned or controlled by the bank holding company pursuant to this paragraph. ``(C) One-time prior approval.--Prior to making any investments under this paragraph, the bank holding company must obtain approval from the Board to engage in investment activities under this paragraph. ``(D) Accounting requirements.-- ``(i) Aggregate value of investments.--The value of all investments made under this paragraph shall be computed quarterly and shall be the lower of the initial cost of the shares or the book value of the shares. ``(ii) Mark-to-market.--For purposes of determining compliance with the limitations in this paragraph, the value of any shares held under this paragraph shall be determined-- ``(I) by treating the shares as having been sold by the bank holding company for the fair market value of such shares as of the date of such determination; or ``(II) in the case of any shares which are not traded in any market or on any exchange, the value of any such shares shall be the lower of the cost of the shares to the bank holding company at the time of the acquisition of such shares or the book value of the shares. ``(E) Acquisition of shares in excess of limitation through satisfaction of a prior debt.-- ``(i) Not subject to limitations.--The acquisition of voting shares of any company in satisfaction of a debt which was previously contracted in good faith shall not be subject to the limitations contained in this paragraph and any shares so acquired shall not be taken into account under this paragraph in connection with any other acquisition of shares by the bank holding company under this paragraph. ``(ii) Divestiture required.-- Notwithstanding any other provision of law, any voting shares of any company which are acquired in satisfaction of a debt which was previously contracted in good faith at a time when such company was a company referred to in this paragraph shall be divested before the end of the 3-year period beginning on the date of such acquisition. ``(F) Authority of the board.-- ``(i) In general.--No provision of this paragraph shall be construed as limiting the authority of the Board to-- ``(I) supervise and regulate the investments in voting shares of any company; or ``(II) require the divestiture of a bank holding company or any of its subsidiaries of shares of any company whenever the Board determines such action to be appropriate in order to preserve the safety and soundness of any insured depository institution. ``(ii) Bank with falling capital levels.-- If, at any time, the aggregate amount of the investments in shares made under this paragraph exceeds the amount described in subparagraph (A)(iv) due to a decrease in the capital levels of any insured depository institution, the Board may take such action, including requiring the sale of any shares held under this paragraph, as may be appropriate in order to preserve the safety and soundness of the insured depository institution. ``(G) Definitions.-- ``(i) Excess capital.--For purposes of this paragraph, the term `excess capital' means the amount by which the total risk-based capital of a depository institution exceeds the level required for the institution to be well- capitalized for purposes of section 38 of the Federal Deposit Insurance Act; ``(ii) Book value of shares.--For purposes of this paragraph, the term `book value of shares' means the product of-- ``(I) the amount equal to the total assets of the company issuing the shares minus the total liabilities of such company; and ``(II) the percentage of the total amount of shares of the company which are owned by the bank holding company. ``(iii) Foreign banks.--For purposes of subparagraph (B), the term `depository institution' includes a foreign bank.''.

Entrepreneurial Investment Act of 1996 - Amends the Bank Holding Company Act of 1956 to prescribe conditions and requirements exempting certain smaller-sized bank holding companies from its proscription against the acquisition of interests in certain nonbanking organizations. Sets forth restrictions upon joint marketing. Requires such bank holding companies to obtain a one-time approval of the Board of Governors of the Federal Reserve System prior to engaging in such investment activities.

Entrepreneurial Investment Act of 1996

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Entrepreneurial Investment Act of 1996". <SECTION-HEADER> EQUITY CAPITAL INVESTMENTS BY SMALLER BANK HOLDING COMPANIES. Section 4(c) of the Bank Holding Company Act of 1956 (12 USC. 1843(c)) is amended by adding at the end thereof the following new paragraph: shares of a company engaged in activities not authorized pursuant to section 4 provided the conditions and requirements of this paragraph are met. Acquisition and retention of shares. No bank holding company may acquire and retain ownership or control of shares of a company pursuant to this paragraph unless each insured depository institution controlled by the bank holding company is well- capitalized. The total consolidated assets of the bank holding company are less than $1 billion. The bank holding company or any subsidiary of the bank holding company has had a significant debt relationship with the company for at least 1 year. The aggregate amount of all investments held by the bank holding company and all of its subsidiaries under this paragraph, measured quarterly, does not exceed 50 percent of the sum of the excess capital of each insured depository institution controlled by the bank holding company. The shares do not represent 25 percent or more of any class of voting shares of any company. The shares are not acquired or held by a depository institution or a subsidiary of a depository institution. And the bank holding company does not actively manage or operate the company. Restrictions on joint marketing. No depository institution shall offer or market, directly or indirectly through any arrangement, any product or service of any company whose shares are owned or controlled by the bank holding company pursuant to this paragraph. Or permit any of such depository institution's products or services to be offered or marketed, directly or indirectly through any arrangement, by or through any company whose shares are owned or controlled by the bank holding company pursuant to this paragraph. One-time prior approval. Prior to making any investments under this paragraph, the bank holding company must obtain approval from the Board to engage in investment activities under this paragraph. Accounting requirements. Aggregate value of investments. The value of all investments made under this paragraph shall be computed quarterly and shall be the lower of the initial cost of the shares or the book value of the shares. Mark-to-market. For purposes of determining compliance with the limitations in this paragraph, the value of any shares held under this paragraph shall be determined by treating the shares as having been sold by the bank holding company for the fair market value of such shares as of the date of such determination. Or in the case of any shares which are not traded in any market or on any exchange, the value of any such shares shall be the lower of the cost of the shares to the bank holding company at the time of the acquisition of such shares or the book value of the shares. Acquisition of shares in excess of limitation through satisfaction of a prior debt. Not subject to limitations. The acquisition of voting shares of any company in satisfaction of a debt which was previously contracted in good faith shall not be subject to the limitations contained in this paragraph and any shares so acquired shall not be taken into account under this paragraph in connection with any other acquisition of shares by the bank holding company under this paragraph. Divestiture required. Notwithstanding any other provision of law, any voting shares of any company which are acquired in satisfaction of a debt which was previously contracted in good faith at a time when such company was a company referred to in this paragraph shall be divested before the end of the 3-year period beginning on the date of such acquisition. Authority of the board. In general. No provision of this paragraph shall be construed as limiting the authority of the Board to supervise and regulate the investments in voting shares of any company. Or require the divestiture of a bank holding company or any of its subsidiaries of shares of any company whenever the Board determines such action to be appropriate in order to preserve the safety and soundness of any insured depository institution. Bank with falling capital levels. If, at any time, the aggregate amount of the investments in shares made under this paragraph exceeds the amount described in subparagraph (iv) due to a decrease in the capital levels of any insured depository institution, the Board may take such action, including requiring the sale of any shares held under this paragraph, as may be appropriate in order to preserve the safety and soundness of the insured depository institution. Definitions. Excess capital. For purposes of this paragraph, the term `excess capital' means the amount by which the total risk-based capital of a depository institution exceeds the level required for the institution to be well- capitalized for purposes of section 38 of the Federal Deposit Insurance Act. Book value of shares. For purposes of this paragraph, the term `book value of shares' means the product of the amount equal to the total assets of the company issuing the shares minus the total liabilities of such company. And the percentage of the total amount of shares of the company which are owned by the bank holding company. Foreign banks. For purposes of subparagraph (B), the term `depository institution' includes a foreign bank.".

Entrepreneurial Investment Act of 1996 - Amends the Bank Holding Company Act of 1956 to prescribe conditions and requirements exempting certain smaller-sized bank holding companies from its proscription against the acquisition of interests in certain nonbanking organizations. Sets forth restrictions upon joint marketing. Requires such bank holding companies to obtain a one-time approval of the Board of Governors of the Federal Reserve System prior to engaging in such investment activities.

Entrepreneurial Investment Act of 1996

114_hr5797

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Seamounts and Ridges National Marine Conservation Area Designation and Management Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The California Seamounts and Ridges National Marine Conservation Area established by this Act contains a series of ancient volcanos and underwater geological features in the Exclusive Economic Zone. (2) Found on the seamounts, ridges, and banks in the Conservation Area are rare deep-water corals, sponges, anemones, tunas, sharks, seabirds, marine mammals (including orcas, sperm whales, and blue whales), endangered sea turtles, octopuses, and diverse fish populations, some of which are endemic to the area. (3) The only hydrothermal vents in the continental Exclusive Economic Zone are found on Gorda Ridge located off the north coast of California and the south coast of Oregon. (4) These areas' remote location and depth contribute to their remarkably pristine condition, limited human footprint, and reputation as a vital frontier for scientific discovery, with research expeditions continuing to yield new and rare species, greater understanding about ecological relationships, and renewed appreciation of the uniqueness of deep-sea ecosystems. (5) Despite currently limited direct pressure from extractive use, the Conservation Area is undergoing rapid change due to warming waters, ocean acidification, and ecological stress from pollution and other sources the management of which transcends the jurisdiction of any single government agency or department. (6) According to many scientists, comprehensive marine habitat protection is one of the most important actions for building resilience in ocean environments to current and emerging challenges presented by anthropogenic and other stressors impacting marine ecosystems. (b) Purpose.--The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the nationally significant historical, natural, cultural, scientific, and educational values of the California Seamounts and Ridges National Marine Conservation Area. SEC. 3. DEFINITIONS. In this Act: (1) Exclusive economic zone.--The term ``Exclusive Economic Zone'' means the Exclusive Economic Zone of the United States established by Presidential Proclamation No. 5030 of March 10, 1983. (2) Conservation area.--The term ``Conservation Area'' means the California Seamounts and Ridges National Marine Conservation Area established by section 4(a). (3) Outer continental shelf.--The term ``Outer Continental Shelf'' has the meaning given the term ``outer Continental Shelf'' in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). SEC. 4. DESIGNATION. (a) Establishment.--There is established the California Seamounts and Ridges National Marine Conservation Area, consisting of the waters of the Exclusive Economic Zone and the Outer Continental Shelf contained in the area described in subsection (b). (b) Area Described.--The area referred to in subsection (a)-- (1) is the area generally depicted as the Conservation Area on the map entitled ``____'' and dated ___, as is more particularly described by the Secretary of Commerce and the Secretary of the Interior under subsection (c); and (2) includes-- (A) Gorda Ridge; (B) the portion of Mendocino Ridge in the Conservation Area west of longitude 125 40' 4.8" W; and (C) Guide, Pioneer, Taney, Gumdrop, Rodriguez, San Juan, and Northeast seamounts. (c) Detail Boundary Description and Map.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior shall jointly develop a detailed boundary description and map of the Conservation Area. (2) Force and effect.--The map and boundary description developed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretaries may correct any minor errors in the map and boundary descriptions. (3) Public availability.--The map and boundary description developed under paragraph (1) shall be on file and available for public inspection within the management plan required under section 5 of this Act. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary of Commerce and the Secretary of the Interior shall have joint responsibility for management of the California Seamounts and Ridges National Marine Conservation Area. (b) Consultation and Management.-- (1) In general.--The Secretaries may not implement the establishment of the Conservation Area without-- (A) direct and thorough consultation with the Pacific Fishery Management Council, stakeholders from commercial and recreational fishing sectors, and other key fishery groups, including working with such persons and affected Indian tribes to develop and implement a plan for the comprehensive and long-term protection and management of the Conservation Area; and (B) prior, timely, and ongoing notice and consultation between the Secretaries and affected Indian tribes, including working with such Indian tribes to-- (i) develop and implement mutually agreed- upon plans for the comprehensive and long-term protection and management of the Conservation Area; and (ii) ensure that management of the Conservation Area does not in any way impact traditional uses of the waters of the Conservation Area by members of such tribes. (2) Prohibitions.-- (A) In general.--The plan required under paragraph (1)(A) shall, subject to subparagraph (B) and subsections (c) and (d), prohibit-- (i) exploring for, developing, or producing oil, gas, or minerals; (ii) using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of any living or nonliving marine resource; (iii) intentionally introducing or otherwise releasing an introduced species from within or into the Conservation Area; (iv) anchoring on or having a vessel anchored on any living or dead coral in the Conservation Area; (v) drilling into, dredging, or otherwise altering the Outer Continental Shelf in the Conservation Area; and (vi) other activities determined by the Secretary, as appropriate for the long-term protection and management of the Conservation Area. (B) Exceptions.--The prohibitions set forth in subparagraph (A) shall not apply to-- (i) activities and exercises of the Armed Forces (including those carried out by the Coast Guard) that are consistent with applicable laws; (ii) actions necessary to respond to emergencies threatening life, property, or the environment, and activities necessary for national security or law enforcement purposes; (iii) scientific exploration or research activities, subject to such terms and conditions as the Secretaries consider necessary for the care and management of the living and nonliving marine resources of the Conservation Area; (iv) the troll Albacore fishery; and (v) recreational fishing and charter fishing, as those terms are defined in section 2 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (c) Emergencies, National Security, and Law Enforcement Activities.-- (1) In general.--The prohibitions required by subsection (b) shall not apply to activities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for national security or law enforcement purposes. (2) Emergency response.--Nothing in this Act limits the authority of government agencies to take actions to respond to emergencies that pose an unacceptable threat to human health or safety or to the marine environment and for which there is no other feasible solution. (d) Armed Forces Actions.-- (1) In general.--The prohibitions required by subsection (b) shall not apply to activities and exercises of the Armed Forces, including those carried out by the Coast Guard. (2) Compliance with this act.--The Armed Forces shall ensure, by the adoption of appropriate measures not impairing their operations or operational capabilities, that its vessels and aircraft operate in a manner consistent, so far as is reasonable and practicable, with this Act. (3) Destruction of, loss of, or injury to living marine resources.--In the event of threatened or actual destruction of, loss of, or injury to a living marine resource of the Conservation Area resulting from an incident caused by a component of the Department of Defense or the Coast Guard, including as a result of a spill of oil or other hazardous material or vessel grounding, the responsible component shall promptly coordinate with the Secretary of the Interior or Commerce, as appropriate, for the purpose of taking appropriate actions to respond to and mitigate any actual harm and, if possible, restore or replace the affected Conservation Area resources. (4) Military property not affected.--Nothing in this Act or any regulation implementing it limits or otherwise affects the Armed Forces discretion to use, maintain, improve, manage, or control any property under the administrative control of a military department or otherwise limit the availability of such property for military mission purposes. SEC. 6. WITHDRAWALS. The areas of the Outer Continental Shelf comprised of Cortes and Tanner Banks, and of the portion of Mendocino Ridge bounded by a square with a southwestern corner located at 40 0' N, 125 40' 4.8" W and a northeastern corner located at 40 30' N, 125 10' 4.8" W, are withdrawn from commercial leasing under Federal law for exploration, development, or production of oil and gas, mining minerals, energy sighting, and cable laying.

California Seamounts and Ridges National Marine Conservation Area Designation and Management Act This bill establishes the California Seamounts and Ridges National Marine Conservation Area to protect certain seamounts, ridges, and banks locatedin federal waters off the coast of California. The National Oceanic and Atmospheric Administration (NOAA)and the Department of the Interior shall have joint responsibility for managing the conservation area. Development of a management plan must include a public consultation process with tribes, fisherman, and other stakeholders to better understand the activities occurring in the conservation area. Additionally, any management plan developed by NOAA and Interior must prohibit oil and gas development, deep sea-mining, aquaculture, and damaging fishing practices in the area. Certain activities including recreational fishing and exercises by the Armed Forces are allowed to be conducted in the area.

California Seamounts and Ridges National Marine Conservation Area Designation and Management Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "California Seamounts and Ridges National Marine Conservation Area Designation and Management Act". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress makes the following findings: The California Seamounts and Ridges National Marine Conservation Area established by this Act contains a series of ancient volcanos and underwater geological features in the Exclusive Economic Zone. Found on the seamounts, ridges, and banks in the Conservation Area are rare deep-water corals, sponges, anemones, tunas, sharks, seabirds, marine mammals , endangered sea turtles, octopuses, and diverse fish populations, some of which are endemic to the area. The only hydrothermal vents in the continental Exclusive Economic Zone are found on Gorda Ridge located off the north coast of California and the south coast of Oregon. These areas' remote location and depth contribute to their remarkably pristine condition, limited human footprint, and reputation as a vital frontier for scientific discovery, with research expeditions continuing to yield new and rare species, greater understanding about ecological relationships, and renewed appreciation of the uniqueness of deep-sea ecosystems. Despite currently limited direct pressure from extractive use, the Conservation Area is undergoing rapid change due to warming waters, ocean acidification, and ecological stress from pollution and other sources the management of which transcends the jurisdiction of any single government agency or department. According to many scientists, comprehensive marine habitat protection is one of the most important actions for building resilience in ocean environments to current and emerging challenges presented by anthropogenic and other stressors impacting marine ecosystems. Purpose. The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the nationally significant historical, natural, cultural, scientific, and educational values of the California Seamounts and Ridges National Marine Conservation Area. <SECTION-HEADER> DEFINITIONS. In this Act: Exclusive economic zone. The term "Exclusive Economic Zone" means the Exclusive Economic Zone of the United States established by Presidential Proclamation No. 5030 of March 10, 1983. Conservation area. The term "Conservation Area" means the California Seamounts and Ridges National Marine Conservation Area established by section 4(a). Outer continental shelf. The term "Outer Continental Shelf" has the meaning given the term "outer Continental Shelf" in section 2 of the Outer Continental Shelf Lands Act . <SECTION-HEADER> DESIGNATION. Establishment. There is established the California Seamounts and Ridges National Marine Conservation Area, consisting of the waters of the Exclusive Economic Zone and the Outer Continental Shelf contained in the area described in subsection (b). Area Described. The area referred to in subsection (a) is the area generally depicted as the Conservation Area on the map entitled "" and dated , as is more particularly described by the Secretary of Commerce and the Secretary of the Interior under subsection (c), and includes Gorda Ridge. The portion of Mendocino Ridge in the Conservation Area west of longitude 125 40' 4.8 W. And Guide, Pioneer, Taney, Gumdrop, Rodriguez, San Juan, and Northeast seamounts. Detail Boundary Description and Map. In general. As soon as practicable after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior shall jointly develop a detailed boundary description and map of the Conservation Area. Force and effect. The map and boundary description developed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretaries may correct any minor errors in the map and boundary descriptions. Public availability. The map and boundary description developed under paragraph (1) shall be on file and available for public inspection within the management plan required under section 5 of this Act. <SECTION-HEADER> ADMINISTRATION. In General. The Secretary of Commerce and the Secretary of the Interior shall have joint responsibility for management of the California Seamounts and Ridges National Marine Conservation Area. Consultation and Management. In general. The Secretaries may not implement the establishment of the Conservation Area without direct and thorough consultation with the Pacific Fishery Management Council, stakeholders from commercial and recreational fishing sectors, and other key fishery groups, including working with such persons and affected Indian tribes to develop and implement a plan for the comprehensive and long-term protection and management of the Conservation Area. And prior, timely, and ongoing notice and consultation between the Secretaries and affected Indian tribes, including working with such Indian tribes to develop and implement mutually agreed- upon plans for the comprehensive and long-term protection and management of the Conservation Area. And ensure that management of the Conservation Area does not in any way impact traditional uses of the waters of the Conservation Area by members of such tribes. Prohibitions. In general. The plan required under paragraph (A) shall, subject to subparagraph (B) and subsections (c) and (d), prohibit exploring for, developing, or producing oil, gas, or minerals. Using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of any living or nonliving marine resource. Intentionally introducing or otherwise releasing an introduced species from within or into the Conservation Area. Anchoring on or having a vessel anchored on any living or dead coral in the Conservation Area. Drilling into, dredging, or otherwise altering the Outer Continental Shelf in the Conservation Area. And other activities determined by the Secretary, as appropriate for the long-term protection and management of the Conservation Area. Exceptions. The prohibitions set forth in subparagraph (A) shall not apply to activities and exercises of the Armed Forces that are consistent with applicable laws. Actions necessary to respond to emergencies threatening life, property, or the environment, and activities necessary for national security or law enforcement purposes. Scientific exploration or research activities, subject to such terms and conditions as the Secretaries consider necessary for the care and management of the living and nonliving marine resources of the Conservation Area, the troll Albacore fishery. And recreational fishing and charter fishing, as those terms are defined in section 2 of the Magnuson-Stevens Fishery Conservation and Management Act . Emergencies, National Security, and Law Enforcement Activities. In general. The prohibitions required by subsection shall not apply to activities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for national security or law enforcement purposes. Emergency response. Nothing in this Act limits the authority of government agencies to take actions to respond to emergencies that pose an unacceptable threat to human health or safety or to the marine environment and for which there is no other feasible solution. Armed Forces Actions. In general. The prohibitions required by subsection shall not apply to activities and exercises of the Armed Forces, including those carried out by the Coast Guard. Compliance with this act. The Armed Forces shall ensure, by the adoption of appropriate measures not impairing their operations or operational capabilities, that its vessels and aircraft operate in a manner consistent, so far as is reasonable and practicable, with this Act. Destruction of, loss of, or injury to living marine resources. In the event of threatened or actual destruction of, loss of, or injury to a living marine resource of the Conservation Area resulting from an incident caused by a component of the Department of Defense or the Coast Guard, including as a result of a spill of oil or other hazardous material or vessel grounding, the responsible component shall promptly coordinate with the Secretary of the Interior or Commerce, as appropriate, for the purpose of taking appropriate actions to respond to and mitigate any actual harm and, if possible, restore or replace the affected Conservation Area resources. Military property not affected. Nothing in this Act or any regulation implementing it limits or otherwise affects the Armed Forces discretion to use, maintain, improve, manage, or control any property under the administrative control of a military department or otherwise limit the availability of such property for military mission purposes. <SECTION-HEADER> WITHDRAWALS. The areas of the Outer Continental Shelf comprised of Cortes and Tanner Banks, and of the portion of Mendocino Ridge bounded by a square with a southwestern corner located at 40 0' N, 125 40' 4.8 W and a northeastern corner located at 40 30' N, 125 10' 4.8 W, are withdrawn from commercial leasing under Federal law for exploration, development, or production of oil and gas, mining minerals, energy sighting, and cable laying.

California Seamounts and Ridges National Marine Conservation Area Designation and Management Act This bill establishes the California Seamounts and Ridges National Marine Conservation Area to protect certain seamounts, ridges, and banks locatedin federal waters off the coast of California. The National Oceanic and Atmospheric Administration (NOAA)and the Department of the Interior shall have joint responsibility for managing the conservation area. Development of a management plan must include a public consultation process with tribes, fisherman, and other stakeholders to better understand the activities occurring in the conservation area. Additionally, any management plan developed by NOAA and Interior must prohibit oil and gas development, deep sea-mining, aquaculture, and damaging fishing practices in the area. Certain activities including recreational fishing and exercises by the Armed Forces are allowed to be conducted in the area.

California Seamounts and Ridges National Marine Conservation Area Designation and Management Act

111_hr6312

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heavy Truck Tax Fairness Act of 2010''. SEC. 2. REPEAL OF EXCISE TAX ON HEAVY TRUCKS AND TRAILERS. (a) In General.--Chapter 31 of the Internal Revenue Code of 1986 (relating to retail excise taxes) is amended by striking subchapter C (relating to heavy trucks and trailers). (b) Conforming Amendments.-- (1) Section 4002(d)(2) of such Code is amended by inserting ``(as in effect be the date of the enactment of the Heavy Truck Tax Fairness Act of 2010)'' after ``section 4052(b)''. (2) Section 4072(c) of such Code is amended by inserting ``(as in effect be the date of the enactment of the Heavy Truck Tax Fairness Act of 2010)'' after ``section 4053(8)''. (3) Section 4221 of such Code is amended-- (A) in subsection (a) by striking ``4051, or'', and (B) in subsection (c) by striking ``, 4001(d) or 4053(6)'' and inserting ``or 4001(d)''. (4) Section 4222(d) of such Code is amended by striking ``4053(6),''. (5) Section 4293 of such Code is amended by striking ``section 4051,''. (6) Section 6416(b)(6) of such Code is amended-- (A) in subparagraph (A) by inserting ``on or before the date of the enactment of Heavy Truck Tax Fairness Act of 2010'' after ``section 4051'', and (B) in subparagraph (B) by inserting ``on or before such date'' after ``section 4051''. (7) Section 9503(b)(1) of such Code is amended by striking subparagraph (B) and redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (8) The table of subchapters for chapter 31 of such Code is amended by striking the item relating to subchapter C. (c) Effective Date.--The amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer after the date of the enactment of this Act. SEC. 3. INCREASE IN TAX ON DIESEL FUEL OR KEROSENE. (a) In General.-- (1) Clause (iii) of section 4081(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``24.3 cents'' and inserting ``31.6 cents''. (2) Effective date.--The amendment made by paragraph (1) shall apply to fuel removed, entered, or sold after the date of the enactment of this Act. (b) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time of payment.--The tax imposed by paragraph (1) shall be paid on or before the date which is 6 months after the floor stocks tax date. (3) Definitions.--For purposes of this subsection-- (A) Held by a person.--A liquid shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (B) Taxable liquid.--The term ``taxable liquid'' means diesel fuel and kerosene (other than aviation- grade kerosene). (C) Floor stocks date.--The term ``floor stocks tax date'' means the date of the enactment of this Act. (D) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of such Code is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on taxable liquid held in the tank of a motor vehicle or motorboat. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this section-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such chapter.

Heavy Truck Tax Fairness Act of 2010 - Amends the Internal Revenue Code to: (1) repeal the excise tax on heavy trucks and trailers sold at retail. (2) increase the rate of tax on diesel fuel or kerosene to 31.6 cents per gallon. And (3) impose a floor stocks tax with respect to certain taxable fuels.

To amend the Internal Revenue Code of 1986 to repeal the excise tax on heavy trucks and trailers, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Heavy Truck Tax Fairness Act of 2010". <SECTION-HEADER> REPEAL OF EXCISE TAX ON HEAVY TRUCKS AND TRAILERS. In General. Chapter 31 of the Internal Revenue Code of 1986 is amended by striking subchapter C . Conforming Amendments. Section 4002(d)(2) of such Code is amended by inserting "" after "section 4052(b)". Section 4072(c) of such Code is amended by inserting "" after "section 4053(8)". Section 4221 of such Code is amended in subsection (a) by striking "4051, or", and in subsection (c) by striking ", 4001(d) or 4053(6)" and inserting "or 4001(d)". Section 4222(d) of such Code is amended by striking "4053(6),". Section 4293 of such Code is amended by striking "section 4051,". Section 6416(b)(6) of such Code is amended in subparagraph (A) by inserting "on or before the date of the enactment of Heavy Truck Tax Fairness Act of 2010" after "section 4051", and in subparagraph (B) by inserting "on or before such date" after "section 4051". Section 9503(b)(1) of such Code is amended by striking subparagraph (B) and redesignating subparagraphs (C), (D), and as subparagraphs (B), (C), and (D), respectively. The table of subchapters for chapter 31 of such Code is amended by striking the item relating to subchapter C. Effective Date. The amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer after the date of the enactment of this Act. <SECTION-HEADER> INCREASE IN TAX ON DIESEL FUEL OR KEROSENE. In General. Clause (iii) of section 4081(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking "24.3 cents" and inserting "31.6 cents". Effective date. The amendment made by paragraph (1) shall apply to fuel removed, entered, or sold after the date of the enactment of this Act. Floor Stocks Tax. Imposition of tax. In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. Liability for tax and method of payment. Liability for tax. A person holding a liquid on the floor stocks tax date to which the tax imposed by paragraph (1) applies shall be liable for such tax. Method of payment. The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. Time of payment. The tax imposed by paragraph shall be paid on or before the date which is 6 months after the floor stocks tax date. Definitions. For purposes of this subsection Held by a person. A liquid shall be considered as held by a person if title thereto has passed to such person . Taxable liquid. The term "taxable liquid" means diesel fuel and kerosene . Floor stocks date. The term "floor stocks tax date" means the date of the enactment of this Act. Secretary. The term "Secretary" means the Secretary of the Treasury. Exception for exempt uses. The tax imposed by paragraph (1) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of such Code is allowable for such use. Exception for fuel held in vehicle tank. No tax shall be imposed by paragraph (1) on taxable liquid held in the tank of a motor vehicle or motorboat. Exception for certain amounts of fuel. In general. No tax shall be imposed by paragraph (1) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary such information as the Secretary shall require for purposes of this subparagraph. Exempt fuel. For purposes of subparagraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). Controlled groups. For purposes of this section Corporations. In general. All persons treated as a controlled group shall be treated as 1 person. Controlled group. The term "controlled group" has the meaning given to such term by subsection (a) of section 1563 of such Code. Except that for such purposes the phrase "more than 50 percent" shall be substituted for the phrase "at least 80 percent" each place it appears in such subsection. Nonincorporated persons under common control. Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. Other laws applicable. All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such chapter.

Heavy Truck Tax Fairness Act of 2010 - Amends the Internal Revenue Code to: (1) repeal the excise tax on heavy trucks and trailers sold at retail. (2) increase the rate of tax on diesel fuel or kerosene to 31.6 cents per gallon. And (3) impose a floor stocks tax with respect to certain taxable fuels.

To amend the Internal Revenue Code of 1986 to repeal the excise tax on heavy trucks and trailers, and for other purposes.

110_hr2995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Liability Reform Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) the defects in the United States civil justice system have a direct and undesirable effect on interstate commerce by decreasing the availability of goods and services in commerce; (2) the spiraling costs of litigation and the magnitude and unpredictability of punitive damage awards and noneconomic damage awards have continued unabated for at least the past 30 years; (3) the Supreme Court of the United States has recognized that a punitive damage award can be unconstitutional if the award is grossly excessive in relation to the legitimate interest of the government in the punishment and deterrence of unlawful conduct; (4) just as punitive damage awards can be grossly excessive, so can it be grossly excessive in some circumstances for a party to be held responsible under the doctrine of joint and several liability for damages that party did not cause; (5) as a result of joint and several liability, entities including small businesses are often brought into litigation despite the fact that their conduct may have little or nothing to do with the accident or transaction giving rise to the lawsuit, and may therefore face increased and unjust costs due to the possibility or result of unfair and disproportionate damage awards; (6) due to high liability costs and unwarranted litigation costs, small businesses face higher costs in purchasing insurance through interstate insurance markets to cover their activities; and (7) legislation to address these concerns is an appropriate exercise of the powers of Congress under clauses 3, 9, and 18 of section 8 of article I of the Constitution of the United States, and the 14th amendment to the Constitution of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Crime of violence.--The term ``crime of violence'' has the same meaning as in section 16 of title 18, United States Code. (2) Drug.--The term ``drug'' means any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) that was not legally prescribed for use by the defendant or that was taken by the defendant other than in accordance with the terms of a lawfully issued prescription. (3) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (4) Harm.--The term ``harm'' means any physical injury, illness, disease, or death or damage to property. (5) International terrorism.--The term ``international terrorism'' has the same meaning as in section 2331 of title 18, United States Code. (6) Noneconomic loss.--The term ``noneconomic loss'' means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), injury to reputation, or any other nonpecuniary loss of any kind or nature. (7) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity (including any governmental entity). (8) Punitive damages.--The term ``punitive damages'' means damages awarded against any person or entity to punish or deter such person, entity, or others from engaging in similar behavior in the future. Such term does not include any civil penalties, fines, or treble damages that are assessed or enforced by an agency of State or Federal government pursuant to a State or Federal statute. (9) Small business.-- (A) In general.--The term ``small business'' means any unincorporated business, or any partnership, corporation, association, unit of local government, or organization that has fewer than 50 full-time employees as determined on the date the civil action involving the small business is filed. (B) Calculation of number of employees.--For purposes of subparagraph (A), the number of employees of a subsidiary of a wholly owned corporation includes the employees of-- (i) a parent corporation; and (ii) any other subsidiary corporation of that parent corporation. (10) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, commonwealth, territory, or possession. SEC. 4. LIMITATION ON PUNITIVE DAMAGES FOR SMALL BUSINESSES. Except as provided in section 6, in any civil action against a small business, punitive damages may, to the extent permitted by applicable Federal or State law, be awarded against the small business only if the claimant establishes by clear and convincing evidence that conduct carried out by that defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. SEC. 5. LIMITATION ON JOINT AND SEVERAL LIABILITY FOR NONECONOMIC LOSS FOR SMALL BUSINESSES. (a) General Rule.--Except as provided in section 6, in any civil action against a small business, the liability of each defendant that is a small business, or the agent of a small business, for noneconomic loss shall be determined in accordance with subsection (b). (b) Amount of Liability.-- (1) In general.--In any civil action described in subsection (a)-- (A) each defendant described in that subsection shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable; and (B) the court shall render a separate judgment against each defendant described in that subsection in an amount determined under subparagraph (A). (2) Percentage of responsibility.--For purposes of determining the amount of noneconomic loss allocated to a defendant under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the harm to the claimant, regardless of whether or not the person is a party to the action. SEC. 6. EXCEPTIONS TO LIMITATIONS ON LIABILITY. The limitations on liability under sections 4 and 5 do not apply-- (1) to any defendant whose misconduct-- (A) constitutes-- (i) a crime of violence; or (ii) an act of international terrorism; (B) results in liability for damages relating to the injury to, destruction of, loss of, or loss of use of, natural resources described in-- (i) section 1002(b)(2)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2702(b)(2)(A)); or (ii) section 107(a)(4)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C)); (C) involves-- (i) a sexual offense, as defined by applicable State law; or (ii) a violation of a Federal or State civil rights law; (D) occurred at the time the defendant was under the influence (as determined under applicable State law) of intoxicating alcohol or a drug, and the fact that the defendant was under the influence was the cause of any harm alleged by the plaintiff in the subject action; or (2) to any cause of action which is brought under the provisions of title 31, United States Code, relating to false claims (31 U.S.C. 3729-3733) or to any other cause of action brought by the United States relating to fraud or false statements. SEC. 7. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--Subject to subsection (b), this title preempts the laws of any State to the extent that State laws are inconsistent with this title. (b) Election of State Regarding Nonapplicability.--This title does not apply to any action in a State court against a small business in which all parties are citizens of the State, if the State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this title does not apply as of a date certain to such actions in the State; and (3) containing no other provision. SEC. 8. EFFECTIVE DATE. This Act shall take effect with respect to any civil action commenced after the date of the enactment of this Act without regard to whether the harm that is the subject of the action occurred before such date.

Small Business Liability Reform Act of 2007 - Allows punitive damages against a small business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. States that in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm caused to the plaintiff. And (2) the court shall render a separate judgment against each defendant describing such percentage of responsibility. Excepts from such liability limitations specified misconduct of a defendant.

To provide small businesses certain protections from litigation excesses.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Small Business Liability Reform Act of 2007". <SECTION-HEADER> FINDINGS. Congress finds that the defects in the United States civil justice system have a direct and undesirable effect on interstate commerce by decreasing the availability of goods and services in commerce. The spiraling costs of litigation and the magnitude and unpredictability of punitive damage awards and noneconomic damage awards have continued unabated for at least the past 30 years. The Supreme Court of the United States has recognized that a punitive damage award can be unconstitutional if the award is grossly excessive in relation to the legitimate interest of the government in the punishment and deterrence of unlawful conduct. Just as punitive damage awards can be grossly excessive, so can it be grossly excessive in some circumstances for a party to be held responsible under the doctrine of joint and several liability for damages that party did not cause. As a result of joint and several liability, entities including small businesses are often brought into litigation despite the fact that their conduct may have little or nothing to do with the accident or transaction giving rise to the lawsuit, and may therefore face increased and unjust costs due to the possibility or result of unfair and disproportionate damage awards. Due to high liability costs and unwarranted litigation costs, small businesses face higher costs in purchasing insurance through interstate insurance markets to cover their activities. And legislation to address these concerns is an appropriate exercise of the powers of Congress under clauses 3, 9, and 18 of section 8 of article I of the Constitution of the United States, and the 14th amendment to the Constitution of the United States. <SECTION-HEADER> DEFINITIONS. In this Act: Crime of violence. The term "crime of violence" has the same meaning as in section 16 of title 18, United States Code. Drug. The term "drug" means any controlled substance (as defined in section 102 of the Controlled Substances Act that was not legally prescribed for use by the defendant or that was taken by the defendant other than in accordance with the terms of a lawfully issued prescription. Economic loss. The term "economic loss" means any pecuniary loss resulting from harm to the extent recovery for such loss is allowed under applicable State law. Harm. The term "harm" means any physical injury, illness, disease, or death or damage to property. International terrorism. The term "international terrorism" has the same meaning as in section 2331 of title 18, United States Code. Noneconomic loss. The term "noneconomic loss" means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium , injury to reputation, or any other nonpecuniary loss of any kind or nature. Person. The term "person" means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity . Punitive damages. The term "punitive damages" means damages awarded against any person or entity to punish or deter such person, entity, or others from engaging in similar behavior in the future. Such term does not include any civil penalties, fines, or treble damages that are assessed or enforced by an agency of State or Federal government pursuant to a State or Federal statute. Small business. In general. The term "small business" means any unincorporated business, or any partnership, corporation, association, unit of local government, or organization that has fewer than 50 full-time employees as determined on the date the civil action involving the small business is filed. Calculation of number of employees. For purposes of subparagraph (A), the number of employees of a subsidiary of a wholly owned corporation includes the employees of a parent corporation. And any other subsidiary corporation of that parent corporation. State. The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, commonwealth, territory, or possession. <SECTION-HEADER> LIMITATION ON PUNITIVE DAMAGES FOR SMALL BUSINESSES. Except as provided in section 6, in any civil action against a small business, punitive damages may, to the extent permitted by applicable Federal or State law, be awarded against the small business only if the claimant establishes by clear and convincing evidence that conduct carried out by that defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. <SECTION-HEADER> LIMITATION ON JOINT AND SEVERAL LIABILITY FOR NONECONOMIC LOSS FOR SMALL BUSINESSES. General Rule. Except as provided in section 6, in any civil action against a small business, the liability of each defendant that is a small business, or the agent of a small business, for noneconomic loss shall be determined in accordance with subsection (b). Amount of Liability. In general. In any civil action described in subsection (a) each defendant described in that subsection shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. And the court shall render a separate judgment against each defendant described in that subsection in an amount determined under subparagraph (A). Percentage of responsibility. For purposes of determining the amount of noneconomic loss allocated to a defendant under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the harm to the claimant, regardless of whether or not the person is a party to the action. <SECTION-HEADER> EXCEPTIONS TO LIMITATIONS ON LIABILITY. The limitations on liability under sections 4 and 5 do not apply to any defendant whose misconduct constitutes a crime of violence, or an act of international terrorism. Results in liability for damages relating to the injury to, destruction of, loss of, or loss of use of, natural resources described in section 1002(b)(2)(A) of the Oil Pollution Act of 1990 (33 USC. 2702(b)(2)(A)). Or section 107(a)(4)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 USC. 9607(a)(4)(C)), involves a sexual offense, as defined by applicable State law. Or a violation of a Federal or State civil rights law. Occurred at the time the defendant was under the influence of intoxicating alcohol or a drug, and the fact that the defendant was under the influence was the cause of any harm alleged by the plaintiff in the subject action. Or to any cause of action which is brought under the provisions of title 31, United States Code, relating to false claims or to any other cause of action brought by the United States relating to fraud or false statements. <SECTION-HEADER> PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. Preemption. Subject to subsection (b), this title preempts the laws of any State to the extent that State laws are inconsistent with this title. Election of State Regarding Nonapplicability. This title does not apply to any action in a State court against a small business in which all parties are citizens of the State, if the State enacts a statute citing the authority of this subsection. Declaring the election of such State that this title does not apply as of a date certain to such actions in the State. And containing no other provision. <SECTION-HEADER> EFFECTIVE DATE. This Act shall take effect with respect to any civil action commenced after the date of the enactment of this Act without regard to whether the harm that is the subject of the action occurred before such date.

Small Business Liability Reform Act of 2007 - Allows punitive damages against a small business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. States that in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm caused to the plaintiff. And (2) the court shall render a separate judgment against each defendant describing such percentage of responsibility. Excepts from such liability limitations specified misconduct of a defendant.

To provide small businesses certain protections from litigation excesses.

113_hr5775

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Powering American Jobs Act of 2014''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Extension and modification of credit for nonbusiness energy property. Sec. 3. Extension of excise tax credits relating to certain fuels. Sec. 4. Extension of credit for alternative fuel vehicle refueling property. Sec. 5. Extension of incentives for biodiesel and renewable diesel. Sec. 6. Equalization of excise tax on liquefied natural gas and liquefied petroleum gas. SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. (a) In General.--Paragraph (2) of section 25C(g) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (b) Updated Energy Star Requirements for Windows, Doors, Skylights, and Roofing.-- (1) In general.--Paragraph (1) of section 25C(c) is amended by striking ``which meets'' and all that follows through ``requirements)''. (2) Energy efficient building envelope component.-- Subsection (c) of section 25C is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Energy efficient building envelope component.--The term `energy efficient building envelope component' means a building envelope component which meets-- ``(A) applicable Energy Star program requirements, in the case of a roof or roof products, ``(B) version 6.0 Energy Star program requirements, in the case of an exterior window, a skylight, or an exterior door, and ``(C) the prescriptive criteria for such component established by the 2009 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009, in the case of any other component.''. (3) Conforming amendment.--Subparagraph (D) of section 25C(c)(3), as so redesignated, is amended to read as follows: ``(D) any roof or roof products which are installed on a dwelling unit and are specifically and primarily designed to reduce the heat gain of such dwelling unit.''. (c) Separate Standards for Tankless and Storage Water Heaters.-- Subparagraph (D) of section 25C(d)(3) is amended by striking ``which has either'' and all that follows and inserting ``which has-- ``(i) in the case of a natural gas, propane, or oil storage water heater, an energy factor of at least 0.80 or a thermal efficiency of at least 90 percent, ``(ii) in the case of an electric heat pump storage water heater, an energy factor of at least 2.0, ``(iii) effective April 16, 2015, in the case of a natural gas, propane, or oil storage water heater, with a rated BTU input of no more than 75,000 BTU/hr, an energy factor of at least 0.80 or, with a rated BTU input greater than 75,000 BTU/hr, a thermal efficiency of at least 90 percent, ``(iv) effective April 16, 2015, in the case of an electric heat pump storage water heater, with a water storage capacity equal to or less than 55 gallons, an energy factor of at least 2.0 or, with a water storage capacity equal to or greater than 55 gallons, an energy factor of at least 2.2, and ``(v) in the case of any other water heater, an energy factor of at least 0.90 or a thermal efficiency of at least 90 percent, and''. (d) Modification of Testing Standards for Biomass Stoves.-- Subparagraph (E) of section 25C(d)(3) is amended by inserting before the period the following: ``, when tested using the higher heating value of the fuel and in accordance with the Canadian Standards Administration B415.1 test protocol''. (e) Modifications to Residential Energy Property Expenditures.-- (1) Qualified natural gas, propane, or oil furnaces or hot water boilers.--Paragraph (4) of section 25C(d) is amended to read as follows: ``(4) Qualified natural gas, propane, or oil furnace or hot water boiler.--The term `qualified natural gas, propane, or oil furnace or hot water boiler' means-- ``(A) a natural gas or propane furnace which achieves an annual fuel utilization efficiency rate of not less than 95, ``(B) a natural gas or propane hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 90, and ``(C) an oil furnace or hot water boiler which-- ``(i) achieves an annual fuel utilization efficiency rate of not less than 87, and ``(ii)(I) in the case of a hot water boiler, is installed with an indirect water heater, and ``(II) in the case of a furnace, is installed with an electronically commutated blower motor.''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2013. SEC. 3. EXTENSION OF EXCISE TAX CREDITS RELATING TO CERTAIN FUELS. (a) Excise Tax Credits and Outlay Payments for Biodiesel and Renewable Diesel Fuel Mixtures.-- (1) Paragraph (6) of section 6426(c) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (2) Subparagraph (B) of section 6427(e)(6) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (b) Extension of Alternative Fuels Excise Tax Credits.-- (1) In general.--Sections 6426(d)(5) and 6426(e)(3) are each amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (2) Outlay payments for alternative fuels.--Subparagraph (C) of section 6427(e)(6) is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (c) Extension of Alternative Fuels Excise Tax Credits Relating to Liquefied Hydrogen.-- (1) In general.--Sections 6426(d)(5) and 6426(e)(3), as amended by subsection (b), are each amended by striking ``(September 30, 2014 in the case of any sale or use involving liquefied hydrogen)''. (2) Outlay payments for alternative fuels.--Paragraph (6) of section 6427(e) is amended-- (A) by striking ``except as provided in subparagraph (D), any'' in subparagraph (C), as amended by this Act, and inserting ``any'', (B) by striking the comma at the end of subparagraph (C) and inserting ``, and'', and (C) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuel sold or used after December 31, 2013. (2) Liquefied hydrogen.--The amendments made by subsection (c) shall apply to fuels sold or used after September 30, 2014. (e) Special Rule for Certain Periods During 2014.--Notwithstanding any other provision of law, in the case of-- (1) any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for periods after December 31, 2013, and before the date of the enactment of this Act, and (2) any alternative fuel credit properly determined under section 6426(d) of such Code for such periods, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary's delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code. SEC. 4. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY. (a) In General.--Subsection (g) of section 30C is amended by striking ``placed in service'' and all that follows and inserting ``placed in service after December 31, 2015.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2013. SEC. 5. EXTENSION OF INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL. (a) Credits for Biodiesel and Renewable Diesel Used as Fuel.-- Subsection (g) of section 40A is amended by striking ``December 31, 2013'' and inserting ``December 31, 2015''. (b) Effective Date.--The amendment made by this section shall apply to fuel sold or used after December 31, 2013. SEC. 6. EQUALIZATION OF EXCISE TAX ON LIQUEFIED NATURAL GAS AND LIQUEFIED PETROLEUM GAS. (a) Liquefied Petroleum Gas.-- (1) In general.--Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) in the case of liquefied petroleum gas, 18.3 cents per energy equivalent of a gallon of gasoline, and''. (2) Energy equivalent of a gallon of gasoline.--Paragraph (2) of section 4041(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C) Energy equivalent of a gallon of gasoline.-- For purposes of this paragraph, the term `energy equivalent of a gallon of gasoline' means, with respect to a liquefied petroleum gas fuel, the amount of such fuel having a Btu content of 115,400 (lower heating value).''. (b) Liquefied Natural Gas.-- (1) In general.--Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986, as amended by subsection (a)(1), is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'' and by inserting after clause (iii) the following new clause: ``(iv) in the case of liquefied natural gas, 24.3 cents per energy equivalent of a gallon of diesel.''. (2) Energy equivalent of a gallon of diesel.--Paragraph (2) of section 4041(a) of the Internal Revenue Code of 1986, as amended by subsection (a)(2), is amended by adding at the end the following: ``(D) Energy equivalent of a gallon of diesel.--For purposes of this paragraph, the term `energy equivalent of a gallon of diesel' means, with respect to a liquefied natural gas fuel, the amount of such fuel having a Btu content of 128,700 (lower heating value).''. (3) Conforming amendments.--Section 4041(a)(2)(B)(iv) of the Internal Revenue Code of 1986, as redesignated by subsection (a)(1) and paragraph (1), is amended-- (A) by striking ``liquefied natural gas,'', and (B) by striking ``peat), and'' and inserting ``peat) and''. (c) Effective Date.--The amendments made by this section shall apply to any sale or use of fuel after September 30, 2014.

Powering American Jobs Act of 2014 - Amends the Internal Revenue Code to extend through 2015: (1) the tax credit for nonbusiness energy efficient improvements. (2) excise tax credits and payments for alternative fuels, biodiesel and renewable diesel fuel mixtures, and alternative fuels relating to liquefied hydrogen. (3) the tax credit for alternative fuel vehicle refueling property expenditures. And (4) the income tax credit for biodiesel and renewable fuels. Equalizes the excise tax rate for liquefied natural gas and liquefied petroleum gas. Modifies energy efficiency standards for windows, doors, skylights, roofing, water heaters, biomass stoves, and furnaces or hot water boilers.

Powering American Jobs Act of 2014

<SECTION-HEADER> SHORT TITLE, ETC. Short Title. This Act may be cited as the "Powering American Jobs Act of 2014". Amendment of 1986 Code. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. Table of Contents. The table of contents for this Act is as follows: <SECTION-HEADER> Short title, etc. <SECTION-HEADER> Extension and modification of credit for nonbusiness energy property. <SECTION-HEADER> Extension of excise tax credits relating to certain fuels. <SECTION-HEADER> Extension of credit for alternative fuel vehicle refueling property. <SECTION-HEADER> Extension of incentives for biodiesel and renewable diesel. <SECTION-HEADER> Equalization of excise tax on liquefied natural gas and liquefied petroleum gas. <SECTION-HEADER> EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. In General. Paragraph (2) of section 25C(g) is amended by striking "December 31, 2013" and inserting "December 31, 2015". Updated Energy Star Requirements for Windows, Doors, Skylights, and Roofing. In general. Paragraph (1) of section 25C". Energy efficient building envelope component. Subsection (c) of section 25C is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: Energy efficient building envelope component. The term `energy efficient building envelope component' means a building envelope component which meets applicable Energy Star program requirements, in the case of a roof or roof products, version 6.0 Energy Star program requirements, in the case of an exterior window, a skylight, or an exterior door, and the prescriptive criteria for such component established by the 2009 International Energy Conservation Code, as such Code is in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009, in the case of any other component.". Conforming amendment. Subparagraph (D) of section 25C(c)(3), as so redesignated, is amended to read as follows: any roof or roof products which are installed on a dwelling unit and are specifically and primarily designed to reduce the heat gain of such dwelling unit.". Separate Standards for Tankless and Storage Water Heaters. Subparagraph (D) of section 25C(d)(3) is amended by striking "which has either" and all that follows and inserting "which has in the case of a natural gas, propane, or oil storage water heater, an energy factor of at least 0.80 or a thermal efficiency of at least 90 percent, in the case of an electric heat pump storage water heater, an energy factor of at least 2.0, effective April 16, 2015, in the case of a natural gas, propane, or oil storage water heater, with a rated BTU input of no more than 75,000 BTUhr, an energy factor of at least 0.80 or, with a rated BTU input greater than 75,000 BTUhr, a thermal efficiency of at least 90 percent, effective April 16, 2015, in the case of an electric heat pump storage water heater, with a water storage capacity equal to or less than 55 gallons, an energy factor of at least 2.0 or, with a water storage capacity equal to or greater than 55 gallons, an energy factor of at least 2.2, and in the case of any other water heater, an energy factor of at least 0.90 or a thermal efficiency of at least 90 percent, and". Modification of Testing Standards for Biomass Stoves. Subparagraph (E) of section 25C(d)(3) is amended by inserting before the period the following: ", when tested using the higher heating value of the fuel and in accordance with the Canadian Standards Administration B415.1 test protocol". Modifications to Residential Energy Property Expenditures. Qualified natural gas, propane, or oil furnaces or hot water boilers. Paragraph (4) of section 25C(d) is amended to read as follows: Qualified natural gas, propane, or oil furnace or hot water boiler. The term `qualified natural gas, propane, or oil furnace or hot water boiler' means a natural gas or propane furnace which achieves an annual fuel utilization efficiency rate of not less than 95, a natural gas or propane hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 90, and an oil furnace or hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 87, and (I) in the case of a hot water boiler, is installed with an indirect water heater, and in the case of a furnace, is installed with an electronically commutated blower motor.". Effective Date. The amendments made by this section shall apply to property placed in service after December 31, 2013. <SECTION-HEADER> EXTENSION OF EXCISE TAX CREDITS RELATING TO CERTAIN FUELS. Excise Tax Credits and Outlay Payments for Biodiesel and Renewable Diesel Fuel Mixtures. Paragraph (6) of section 6426(c) is amended by striking "December 31, 2013" and inserting "December 31, 2015". Subparagraph (B) of section 6427(e)(6) is amended by striking "December 31, 2013" and inserting "December 31, 2015". Extension of Alternative Fuels Excise Tax Credits. In general. Sections 6426(d)(5) and 6426(e)(3) are each amended by striking "December 31, 2013" and inserting "December 31, 2015". Outlay payments for alternative fuels. Subparagraph of section 6427(e)(6) is amended by striking "December 31, 2013" and inserting "December 31, 2015". Extension of Alternative Fuels Excise Tax Credits Relating to Liquefied Hydrogen. In general. Sections 6426(d)(5) and 6426(e)(3), as amended by subsection (b), are each amended by striking "". Outlay payments for alternative fuels. Paragraph (6) of section 6427(e) is amended by striking "except as provided in subparagraph (D), any" in subparagraph (C), as amended by this Act, and inserting "any", by striking the comma at the end of subparagraph (C) and inserting ", and", and by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). Effective Dates. In general. Except as provided in paragraph (2), the amendments made by this section shall apply to fuel sold or used after December 31, 2013. Liquefied hydrogen. The amendments made by subsection shall apply to fuels sold or used after September 30, 2014. Special Rule for Certain Periods During 2014. Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for periods after December 31, 2013, and before the date of the enactment of this Act, and any alternative fuel credit properly determined under section 6426(d) of such Code for such periods, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427 shall be made, only in such manner as the Secretary of the Treasury shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code. <SECTION-HEADER> EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY. In General. Subsection (g) of section 30C is amended by striking "placed in service" and all that follows and inserting "placed in service after December 31, 2015.". Effective Date. The amendment made by this section shall apply to property placed in service after December 31, 2013. <SECTION-HEADER> EXTENSION OF INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL. Credits for Biodiesel and Renewable Diesel Used as Fuel. Subsection (g) of section 40A is amended by striking "December 31, 2013" and inserting "December 31, 2015". Effective Date. The amendment made by this section shall apply to fuel sold or used after December 31, 2013. <SECTION-HEADER> EQUALIZATION OF EXCISE TAX ON LIQUEFIED NATURAL GAS AND LIQUEFIED PETROLEUM GAS. Liquefied Petroleum Gas. In general. Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986 is amended by striking "and" at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: in the case of liquefied petroleum gas, 18.3 cents per energy equivalent of a gallon of gasoline, and". Energy equivalent of a gallon of gasoline. Paragraph of section 4041(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Energy equivalent of a gallon of gasoline. For purposes of this paragraph, the term `energy equivalent of a gallon of gasoline' means, with respect to a liquefied petroleum gas fuel, the amount of such fuel having a Btu content of 115,400 .". Liquefied Natural Gas. In general. Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986, as amended by subsection (1), is amended by striking "and" at the end of clause , by striking the period at the end of clause (iii) and inserting ", and" and by inserting after clause (iii) the following new clause: in the case of liquefied natural gas, 24.3 cents per energy equivalent of a gallon of diesel.". Energy equivalent of a gallon of diesel. Paragraph (2) of section 4041(a) of the Internal Revenue Code of 1986, as amended by subsection (a)(2), is amended by adding at the end the following: Energy equivalent of a gallon of diesel. For purposes of this paragraph, the term `energy equivalent of a gallon of diesel' means, with respect to a liquefied natural gas fuel, the amount of such fuel having a Btu content of 128,700 .". Conforming amendments. Section 4041(a)(2)(B)(iv) of the Internal Revenue Code of 1986, as redesignated by subsection (a)(1) and paragraph (1), is amended by striking "liquefied natural gas,", and and". Effective Date. The amendments made by this section shall apply to any sale or use of fuel after September 30, 2014.

Powering American Jobs Act of 2014 - Amends the Internal Revenue Code to extend through 2015: (1) the tax credit for nonbusiness energy efficient improvements. (2) excise tax credits and payments for alternative fuels, biodiesel and renewable diesel fuel mixtures, and alternative fuels relating to liquefied hydrogen. (3) the tax credit for alternative fuel vehicle refueling property expenditures. And (4) the income tax credit for biodiesel and renewable fuels. Equalizes the excise tax rate for liquefied natural gas and liquefied petroleum gas. Modifies energy efficiency standards for windows, doors, skylights, roofing, water heaters, biomass stoves, and furnaces or hot water boilers.

Powering American Jobs Act of 2014

111_hr5740

SECTION 1. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR MISBRANDED DRUGS. (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(uu) The failure to comply with-- ``(1) the notification requirement under section 568(a); ``(2) an order issued under paragraph (1) of section 568(c), following a hearing, if requested, under paragraph (2)(C) of such section; ``(3) an order amended under paragraph (2) or paragraph (3) of section 568(c); or ``(4) an emergency order issued under section 568(d).''. (b) Nondistribution and Recall of Adulterated or Misbranded Drugs.--Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the following: ``SEC. 568. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN ADULTERATED OR MISBRANDED DRUGS. ``(a) Notification Regarding Certain Adulterated or Misbranded Drugs.-- ``(1) In general.--Any person required to register under section 510 shall, as soon as practicable, notify the Secretary of the identity and location of a drug, if such person has reason to believe-- ``(A) that such drug, when introduced into or while in interstate commerce, or while held for sale (regardless of whether the first sale) after shipment in interstate commerce, is adulterated or misbranded; and ``(B) there is a reasonable probability that the use or consumption of, or exposure to, the drug (or an ingredient or component used in any such drug) will cause a threat of serious adverse health consequences or death to humans or animals. ``(2) Manner of notification.--Notification under paragraph (1) shall be made in such manner and by such means as the Secretary may require by regulation or guidance. ``(b) Voluntary Recall.--The Secretary may request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act voluntarily-- ``(1) recall such drug; and ``(2) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(c) Order To Cease Distribution and Recall Drug and Related Procedures.-- ``(1) Issuance of order.--If the Secretary has reason to believe that the use or consumption of, or exposure to, a drug (or an ingredient or component used in any such drug) may cause serious adverse health consequences or death to humans or animals, the Secretary shall have the authority to issue an order requiring any person who distributes such drug-- ``(A) to immediately cease distribution of such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by such cessation of distribution. ``(2) Action following order.-- ``(A) Cease distribution and notification.--Any person who is subject to an order under paragraph (1) shall immediately cease distribution of such drug and provide notification as required by such order. ``(B) Appeal.--Any person who is subject to an order under paragraph (1) may appeal within 24 hours of issuance such order to the Secretary. Such appeal may include a request for an informal hearing and a description of any efforts to recall such drug undertaken voluntarily by the person, including after a request under subsection (b). ``(C) Informal hearing.--Except as provided in subsection (d), if an appeal made under subparagraph (B) contains a request for an informal hearing, such hearing shall be held as soon as practicable, but not later than 5 calendar days, or less as determined by the Secretary, after such an appeal is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Order to recall.-- ``(A) Amendment.--Except as provided under subsection (d), if after providing an opportunity for an informal hearing under paragraph (2)(C), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall amend the order to require a recall. ``(B) Contents.--An amended order under subparagraph (A) shall-- ``(i) specify a timetable in which the recall will occur; ``(ii) require periodic reports to the Secretary describing the progress of the recall; and ``(iii) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. In providing for such notice, the Secretary may allow for the assistance of health professionals, State or local officials, or other individuals designated by the Secretary. ``(C) Nondelegation.--An amended order under this paragraph shall be ordered by the Secretary or an official designated by the Secretary. An official may not be so designated unless the official is the director of the district under this Act in which the drug involved is located, or is an official senior to such director. ``(d) Emergency Recall Order.-- ``(1) In general.--If the Secretary has credible evidence or information that a drug subject to an order under subsection (c)(1) presents an imminent threat of serious adverse health consequences or death to humans or animals, the Secretary may issue an order requiring any person who distributes such drug-- ``(A) to immediately recall such drug; and ``(B) to provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. ``(2) Action following order.-- ``(A) Recall and notification.--Any person who is subject to an emergency recall order under this subsection shall immediately recall such drug and provide notification as required by such order. ``(B) Appeal.-- ``(i) Timing.--Any person who is subject to an emergency recall order under this subsection may appeal within 24 hours after issuance such order to the Secretary. ``(ii) Continuation of recall.--The person subject to an emergency recall order shall conduct the recall notwithstanding the pendency of any appeal of such order. ``(C) Informal hearing.--An informal hearing shall be held as soon as practicable but not later than 5 calendar days, or less as determined by the Secretary, after an appeal under subparagraph (B) is filed, unless the parties jointly agree to an extension. ``(D) Determination.--After affording an opportunity for an informal hearing, the Secretary shall determine-- ``(i) whether-- ``(I) the order under paragraph (1) should be amended to require a recall of such drug; or ``(II) inadequate grounds exist to support the actions required by the order; or ``(ii) that the order under paragraph (1) was appropriate as issued. ``(E) Amendment or vacation of order.-- ``(i) Amendment.--In the case of a determination made under subparagraph (D)(i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. ``(ii) Vacation.--In the case of a determination made under subparagraph (D)(i)(II), the Secretary shall vacate the order made under paragraph (1). ``(3) Nondelegation.--An order under this subsection shall be issued by the Commissioner of Food and Drugs, the Principal Deputy Commissioner, or the Associate Commissioner for Regulatory Affairs of the Food and Drug Administration. ``(e) Notice to Consumers and Health Officials.--The Secretary shall, as the Secretary determines to be necessary, provide notice of a recall order under this section to consumers to whom the drug was, or may have been, distributed and to appropriate State and local health officials. ``(f) Savings Clause.--Nothing contained in this section shall be construed as limiting-- ``(1) the authority of the Secretary to issue an order to cease distribution of, or to recall, a drug under any other provision of this Act or the Public Health Service Act; or ``(2) the ability of the Secretary to request any person to perform a voluntary activity related to any drug subject to this Act or the Public Health Service Act.''. (c) Effective Date.--The amendments made by this section shall take effect one year period after the date of the enactment of this Act.

Amends the Federal Food, Drug, and Cosmetic Act to require any registered producer of a drug or device to notify the Secretary of Health and Human Services (HHS), as soon as practicable, of the identity and location of a drug, if such person has reason to believe: (1) that such drug is adulterated or misbranded. And (2) there is a reasonable probability that the use or consumption of, or exposure to, the drug will cause a threat of serious adverse health consequences or death to humans or animals. Authorizes the Secretary to: (1) request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of the FFDCA voluntarily recall such drug. (2) issue an order requiring any person who distributes a drug that may cause serious adverse health consequences or death to humans or animals to immediately cease distribution of such drug. (3) amend the order to cease distribution to include a recall of the drug after an opportunity for an informal hearing. And (4) issue an order requiring an immediate recall of a drug if the Secretary has credible evidence or information that a drug subject to a cease distribution or recall order presents an imminent threat of serious adverse health consequences or death to humans or animals. Provides for notice to affected persons. Prohibits the failure to comply with the notification requirements of, or orders issued pursuant to, this Act. Requires the Secretary to provide notice of a recall order to consumers to whom the drug was, or may have been, distributed and to appropriate state and local health officials, as necessary.

To provide for the mandatory recall of adulterated or misbranded drugs.

<SECTION-HEADER> NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR MISBRANDED DRUGS. Prohibited Acts. Section 301 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: The failure to comply with the notification requirement under section 568(a). An order issued under paragraph (1) of section 568(c), following a hearing, if requested, under paragraph (C) of such section. An order amended under paragraph (2) or paragraph (3) of section 568(c). Or an emergency order issued under section 568(d).". Nondistribution and Recall of Adulterated or Misbranded Drugs. Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: "Section 568. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN ADULTERATED OR MISBRANDED DRUGS. Notification Regarding Certain Adulterated or Misbranded Drugs. In general. Any person required to register under section 510 shall, as soon as practicable, notify the Secretary of the identity and location of a drug, if such person has reason to believe that such drug, when introduced into or while in interstate commerce, or while held for sale after shipment in interstate commerce, is adulterated or misbranded. And there is a reasonable probability that the use or consumption of, or exposure to, the drug will cause a threat of serious adverse health consequences or death to humans or animals. Manner of notification. Notification under paragraph shall be made in such manner and by such means as the Secretary may require by regulation or guidance. Voluntary Recall. The Secretary may request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act voluntarily recall such drug. And provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. Order To Cease Distribution and Recall Drug and Related Procedures. Issuance of order. If the Secretary has reason to believe that the use or consumption of, or exposure to, a drug may cause serious adverse health consequences or death to humans or animals, the Secretary shall have the authority to issue an order requiring any person who distributes such drug to immediately cease distribution of such drug. And to provide for notice, including to individuals as appropriate, to persons who may be affected by such cessation of distribution. Action following order. Cease distribution and notification. Any person who is subject to an order under paragraph (1) shall immediately cease distribution of such drug and provide notification as required by such order. Appeal. Any person who is subject to an order under paragraph (1) may appeal within 24 hours of issuance such order to the Secretary. Such appeal may include a request for an informal hearing and a description of any efforts to recall such drug undertaken voluntarily by the person, including after a request under subsection (b). Informal hearing. Except as provided in subsection (d), if an appeal made under subparagraph contains a request for an informal hearing, such hearing shall be held as soon as practicable, but not later than 5 calendar days, or less as determined by the Secretary, after such an appeal is filed, unless the parties jointly agree to an extension. Determination. After affording an opportunity for an informal hearing, the Secretary shall determine whether the order under paragraph (1) should be amended to require a recall of such drug. Or inadequate grounds exist to support the actions required by the order. Or that the order under paragraph (1) was appropriate as issued. Amendment or vacation of order. Amendment. In the case of a determination made under subparagraph (i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. Vacation. In the case of a determination made under subparagraph (i)(II), the Secretary shall vacate the order made under paragraph (1). Order to recall. Amendment. Except as provided under subsection (d), if after providing an opportunity for an informal hearing under paragraph (2)(C), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall amend the order to require a recall. Contents. An amended order under subparagraph (A) shall specify a timetable in which the recall will occur. Require periodic reports to the Secretary describing the progress of the recall. And provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. In providing for such notice, the Secretary may allow for the assistance of health professionals, State or local officials, or other individuals designated by the Secretary. Nondelegation. An amended order under this paragraph shall be ordered by the Secretary or an official designated by the Secretary. An official may not be so designated unless the official is the director of the district under this Act in which the drug involved is located, or is an official senior to such director. Emergency Recall Order. In general. If the Secretary has credible evidence or information that a drug subject to an order under subsection (1) presents an imminent threat of serious adverse health consequences or death to humans or animals, the Secretary may issue an order requiring any person who distributes such drug to immediately recall such drug. And to provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. Action following order. Recall and notification. Any person who is subject to an emergency recall order under this subsection shall immediately recall such drug and provide notification as required by such order. Appeal. Timing. Any person who is subject to an emergency recall order under this subsection may appeal within 24 hours after issuance such order to the Secretary. Continuation of recall. The person subject to an emergency recall order shall conduct the recall notwithstanding the pendency of any appeal of such order. Informal hearing. An informal hearing shall be held as soon as practicable but not later than 5 calendar days, or less as determined by the Secretary, after an appeal under subparagraph (B) is filed, unless the parties jointly agree to an extension. Determination. After affording an opportunity for an informal hearing, the Secretary shall determine whether the order under paragraph (1) should be amended to require a recall of such drug. Or inadequate grounds exist to support the actions required by the order. Or that the order under paragraph (1) was appropriate as issued. Amendment or vacation of order. Amendment. In the case of a determination made under subparagraph (i)(I), the Secretary shall amend the order made under paragraph (1) accordingly. Vacation. In the case of a determination made under subparagraph (i)(II), the Secretary shall vacate the order made under paragraph (1). Nondelegation. An order under this subsection shall be issued by the Commissioner of Food and Drugs, the Principal Deputy Commissioner, or the Associate Commissioner for Regulatory Affairs of the Food and Drug Administration. Notice to Consumers and Health Officials. The Secretary shall, as the Secretary determines to be necessary, provide notice of a recall order under this section to consumers to whom the drug was, or may have been, distributed and to appropriate State and local health officials. Savings Clause. Nothing contained in this section shall be construed as limiting the authority of the Secretary to issue an order to cease distribution of, or to recall, a drug under any other provision of this Act or the Public Health Service Act. Or the ability of the Secretary to request any person to perform a voluntary activity related to any drug subject to this Act or the Public Health Service Act.". Effective Date. The amendments made by this section shall take effect one year period after the date of the enactment of this Act.

Amends the Federal Food, Drug, and Cosmetic Act to require any registered producer of a drug or device to notify the Secretary of Health and Human Services (HHS), as soon as practicable, of the identity and location of a drug, if such person has reason to believe: (1) that such drug is adulterated or misbranded. And (2) there is a reasonable probability that the use or consumption of, or exposure to, the drug will cause a threat of serious adverse health consequences or death to humans or animals. Authorizes the Secretary to: (1) request that any person who distributes a drug that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of the FFDCA voluntarily recall such drug. (2) issue an order requiring any person who distributes a drug that may cause serious adverse health consequences or death to humans or animals to immediately cease distribution of such drug. (3) amend the order to cease distribution to include a recall of the drug after an opportunity for an informal hearing. And (4) issue an order requiring an immediate recall of a drug if the Secretary has credible evidence or information that a drug subject to a cease distribution or recall order presents an imminent threat of serious adverse health consequences or death to humans or animals. Provides for notice to affected persons. Prohibits the failure to comply with the notification requirements of, or orders issued pursuant to, this Act. Requires the Secretary to provide notice of a recall order to consumers to whom the drug was, or may have been, distributed and to appropriate state and local health officials, as necessary.

To provide for the mandatory recall of adulterated or misbranded drugs.

106_s1197

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dog and Cat Protection Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) An estimated 2,000,000 dogs and cats are slaughtered and sold annually as part of the international fur trade. Internationally, dog and cat fur is used in a wide variety of products, including fur coats and jackets, fur-trimmed garments, hats, gloves, decorative accessories, stuffed animals, and other toys. (2) As demonstrated by forensic tests, dog and cat fur products are being imported into the United States, in some cases with deceptive labeling to conceal the use of dog or cat fur. (3) Dog and cat fur, when dyed, is not easily distinguishable to persons who are not experts from other furs such as fox, rabbit, coyote, wolf, and mink. Dog and cat fur is generally less expensive than other types of fur and may be used as a substitute for more expensive types of furs. (4) Foreign fur producers use dogs and cats bred for their fur, and also use strays and stolen pets. (5) The methods of housing, transporting, and slaughtering dogs and cats for fur production are generally unregulated and inhumane. (b) Purposes.--The purposes of this Act are-- (1) to prohibit the sale, manufacture, offer for sale, transportation, and distribution in the United States of dog and cat fur products; (2) to require accurate labeling of fur species so that consumers in the United States can make informed choices; and (3) to prohibit the trade in, both imports and exports of, dog and cat fur products, to ensure that the United States market does not encourage the slaughter of dogs or cats for their fur, and to ensure that the purposes of this Act are not undermined. SEC. 3. DEFINITIONS. In this Act: (1) Dog fur.--The term ``dog fur'' means the pelt or skin of any animal of the species canis familiaris. (2) Cat fur.--The term ``cat fur'' means the pelt or skin of any animal of the species felis catus. (3) United states.--The term ``United States'' means the customs territory of the United States, as defined in general note 2 of the Harmonized Tariff Schedule of the United States. (4) Commerce.--The term ``commerce'' means transportation for sale, trade, or use between any State, territory, or possession of the United States, or the District of Columbia, and any place outside thereof. (5) Dog or cat fur product.--The term ``dog or cat fur product'' means any item of merchandise which consists, or is composed in whole or in part, of any dog fur, cat fur, or both. (6) Person.--The term ``person'' includes any individual, partnership, corporation, association, organization, business trust, government entity, or other entity. (7) Interested party.--The term ``interested party'' means any person having a contractual, financial, humane, or other interest. (8) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (9) Duly authorized officer.--The term ``duly authorized officer'' means any United States Customs officer, any agent of the Federal Bureau of Investigation, or any agent or other person authorized by law or designated by the Secretary to enforce the provisions of this Act. SEC. 4. PROHIBITIONS. (a) Prohibition on Manufacture, Sale, and Other Activities.--No person in the United States or subject to the jurisdiction of the United States may introduce into commerce, manufacture for introduction into commerce, sell, trade, or advertise in commerce, offer to sell, or transport or distribute in commerce, any dog or cat fur product. (b) Imports and Exports.--No dog or cat fur product may be imported into, or exported from, the United States. SEC. 5. LABELING. Section 2(d) of the Fur Products Labeling Act (15 U.S.C. 69(d)) is amended by striking ``; except that such term shall not include such articles as the Commission shall exempt by reason of the relatively small quantity or value of the fur or used fur contained therein''. SEC. 6. ENFORCEMENT. (a) In General.--The Secretary, either independently or in cooperation with the States, political subdivisions thereof, and interested parties, is authorized to carry out operations and measures to eradicate and prevent the activities prohibited by section 4. (b) Inspections.--A duly authorized officer may, upon his own initiative or upon the request of any interested party, detain for inspection and inspect any product, package, crate, or other container, including its contents, and all accompanying documents to determine compliance with this Act. (c) Seizures and Arrests.--If a duly authorized officer has reasonable cause to believe that there has been a violation of this Act or any regulation issued under this Act, such officer may search and seize, with or without a warrant, the item suspected of being the subject of the violation, and may arrest the owner of the item. An item so seized shall be held by any person authorized by the Secretary pending disposition of civil or criminal proceedings. (d) Burden of Proof.--The burden of proof shall lie with the owner to establish that the item seized is not a dog or cat fur product subject to forfeiture and civil penalty under section 7. (e) Action by U.S. Attorney.--Upon presentation by a duly authorized officer or any interested party of credible evidence that a violation of this Act or any regulation issued under this Act has occurred, the United States Attorney with jurisdiction over the suspected violation shall investigate the matter and shall take appropriate action under this Act. (f) Citizen Suits.--Any person may commence a civil suit to compel the Secretary to implement and enforce this Act, or to enjoin any person from taking action in violation of any provision of this Act or any regulation issued under this Act. (g) Reward.--The Secretary may pay a reward to any person who furnishes information which leads to an arrest, criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this Act or any regulation issued under this Act. (h) Regulations.-- (1) In general.--The Secretary shall issue final regulations, after notice and opportunity for public comment, to implement this Act within 180 days after the date of enactment of this Act. (2) Fees.--The Secretary may charge reasonable fees for expenses to the Government connected with permits or certificates authorized by this Act, including expenses for-- (A) processing applications; (B) reasonable inspections; and (C) the transfer, handling, or storage of evidentiary items seized and forfeited under this Act. All fees collected pursuant to this paragraph shall be deposited in the Treasury in an account specifically designated for enforcement of this Act and available only for that purpose. SEC. 7. PENALTIES. (a) Civil Penalty.--Any person who violates any provision of this Act or any regulation issued under this Act may be assessed a civil penalty of not more than $25,000 for each violation. (b) Criminal Penalty.--Any person who knowingly violates any provision of this Act or any regulation issued under this Act shall, upon conviction for each violation, be imprisoned for not more than 1 year, fined in accordance with title 18, United States Code, or both. (c) Forfeiture.--Any dog or cat fur product that is the subject of a violation of this Act or any regulation issued under this Act shall be subject to seizure and forfeiture to the same extent as any merchandise imported in violation of the customs laws. (d) Injunction.--Any person who violates any provision of this Act or any regulation issued under this Act may be enjoined from further sales of any fur products. (e) Applicability.--The penalties in this section apply to violations occurring on or after the date of enactment of this Act.

Dog and Cat Protection Act of 1999 - Prohibits: (1) the importation of dog or cat fur into the United States. And (2) any person in the United States from introducing into commerce, manufacturing, selling or offering to sell, trading, advertising, or transporting or distributing in commerce, any dog or cat fur product. Subjects a person to both civil and criminal penalties for violations of this Act.

Dog and Cat Protection Act of 1999

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Dog and Cat Protection Act of 1999". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. Congress makes the following findings: An estimated 2,000,000 dogs and cats are slaughtered and sold annually as part of the international fur trade. Internationally, dog and cat fur is used in a wide variety of products, including fur coats and jackets, fur-trimmed garments, hats, gloves, decorative accessories, stuffed animals, and other toys. As demonstrated by forensic tests, dog and cat fur products are being imported into the United States, in some cases with deceptive labeling to conceal the use of dog or cat fur. Dog and cat fur, when dyed, is not easily distinguishable to persons who are not experts from other furs such as fox, rabbit, coyote, wolf, and mink. Dog and cat fur is generally less expensive than other types of fur and may be used as a substitute for more expensive types of furs. Foreign fur producers use dogs and cats bred for their fur, and also use strays and stolen pets. The methods of housing, transporting, and slaughtering dogs and cats for fur production are generally unregulated and inhumane. Purposes. The purposes of this Act are to prohibit the sale, manufacture, offer for sale, transportation, and distribution in the United States of dog and cat fur products. To require accurate labeling of fur species so that consumers in the United States can make informed choices. And to prohibit the trade in, both imports and exports of, dog and cat fur products, to ensure that the United States market does not encourage the slaughter of dogs or cats for their fur, and to ensure that the purposes of this Act are not undermined. <SECTION-HEADER> DEFINITIONS. In this Act: Dog fur. The term "dog fur" means the pelt or skin of any animal of the species canis familiaris. Cat fur. The term "cat fur" means the pelt or skin of any animal of the species felis catus. United states. The term "United States" means the customs territory of the United States, as defined in general note 2 of the Harmonized Tariff Schedule of the United States. Commerce. The term "commerce" means transportation for sale, trade, or use between any State, territory, or possession of the United States, or the District of Columbia, and any place outside thereof. Dog or cat fur product. The term "dog or cat fur product" means any item of merchandise which consists, or is composed in whole or in part, of any dog fur, cat fur, or both. Person. The term "person" includes any individual, partnership, corporation, association, organization, business trust, government entity, or other entity. Interested party. The term "interested party" means any person having a contractual, financial, humane, or other interest. Secretary. The term "Secretary" means the Secretary of the Treasury. Duly authorized officer. The term "duly authorized officer" means any United States Customs officer, any agent of the Federal Bureau of Investigation, or any agent or other person authorized by law or designated by the Secretary to enforce the provisions of this Act. <SECTION-HEADER> PROHIBITIONS. Prohibition on Manufacture, Sale, and Other Activities. No person in the United States or subject to the jurisdiction of the United States may introduce into commerce, manufacture for introduction into commerce, sell, trade, or advertise in commerce, offer to sell, or transport or distribute in commerce, any dog or cat fur product. Imports and Exports. No dog or cat fur product may be imported into, or exported from, the United States. <SECTION-HEADER> LABELING. Section 2(d) of the Fur Products Labeling Act (15 USC. 69(d)) is amended by striking ". Except that such term shall not include such articles as the Commission shall exempt by reason of the relatively small quantity or value of the fur or used fur contained therein". <SECTION-HEADER> ENFORCEMENT. In General. The Secretary, either independently or in cooperation with the States, political subdivisions thereof, and interested parties, is authorized to carry out operations and measures to eradicate and prevent the activities prohibited by section 4. Inspections. A duly authorized officer may, upon his own initiative or upon the request of any interested party, detain for inspection and inspect any product, package, crate, or other container, including its contents, and all accompanying documents to determine compliance with this Act. Seizures and Arrests. If a duly authorized officer has reasonable cause to believe that there has been a violation of this Act or any regulation issued under this Act, such officer may search and seize, with or without a warrant, the item suspected of being the subject of the violation, and may arrest the owner of the item. An item so seized shall be held by any person authorized by the Secretary pending disposition of civil or criminal proceedings. Burden of Proof. The burden of proof shall lie with the owner to establish that the item seized is not a dog or cat fur product subject to forfeiture and civil penalty under section 7. Action by US Attorney. Upon presentation by a duly authorized officer or any interested party of credible evidence that a violation of this Act or any regulation issued under this Act has occurred, the United States Attorney with jurisdiction over the suspected violation shall investigate the matter and shall take appropriate action under this Act. Citizen Suits. Any person may commence a civil suit to compel the Secretary to implement and enforce this Act, or to enjoin any person from taking action in violation of any provision of this Act or any regulation issued under this Act. Reward. The Secretary may pay a reward to any person who furnishes information which leads to an arrest, criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this Act or any regulation issued under this Act. Regulations. In general. The Secretary shall issue final regulations, after notice and opportunity for public comment, to implement this Act within 180 days after the date of enactment of this Act. Fees. The Secretary may charge reasonable fees for expenses to the Government connected with permits or certificates authorized by this Act, including expenses for processing applications, reasonable inspections. And the transfer, handling, or storage of evidentiary items seized and forfeited under this Act. All fees collected pursuant to this paragraph shall be deposited in the Treasury in an account specifically designated for enforcement of this Act and available only for that purpose. <SECTION-HEADER> PENALTIES. Civil Penalty. Any person who violates any provision of this Act or any regulation issued under this Act may be assessed a civil penalty of not more than $25,000 for each violation. Criminal Penalty. Any person who knowingly violates any provision of this Act or any regulation issued under this Act shall, upon conviction for each violation, be imprisoned for not more than 1 year, fined in accordance with title 18, United States Code, or both. Forfeiture. Any dog or cat fur product that is the subject of a violation of this Act or any regulation issued under this Act shall be subject to seizure and forfeiture to the same extent as any merchandise imported in violation of the customs laws. Injunction. Any person who violates any provision of this Act or any regulation issued under this Act may be enjoined from further sales of any fur products. Applicability. The penalties in this section apply to violations occurring on or after the date of enactment of this Act.

Dog and Cat Protection Act of 1999 - Prohibits: (1) the importation of dog or cat fur into the United States. And (2) any person in the United States from introducing into commerce, manufacturing, selling or offering to sell, trading, advertising, or transporting or distributing in commerce, any dog or cat fur product. Subjects a person to both civil and criminal penalties for violations of this Act.

Dog and Cat Protection Act of 1999

112_s944

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detaining Terrorists to Secure America Act of 2011'' SEC. 2. FINDINGS. Congress makes the following finding: (1) The United States and its international partners are in an armed conflict with violent Islamist extremist groups, including al Qaeda and associated terrorist organizations, that are committed to killing Americans and our allies. (2) In the last 2 years, terrorists have repeatedly attempted to kill Americans both here at home and abroad, including the following attacks, plots, or alleged plots and attacks: (A) A September 2009 plot by Najibullah Zazi--who received training from al Qaeda in Pakistan--to conduct a suicide bomb attack on the New York, New York, subway system. (B) A November 2009 attack by Nidal Malik Hasan at Fort Hood, Texas, that killed 13 people and wounded 32. (C) A Christmas Day 2009 attempt by Umar Farouk Abdulmutallab to detonate a bomb sewn into his underwear on an international flight to Detroit, Michigan. (D) A May 2010 attempt by Faisal Shahzad to bomb Times Square in New York, New York, on a crowded Saturday evening, an attack that was unsuccessful only because the car bomb failed to detonate. (E) An October 2010 attempt by terrorists in Yemen to send, via commercial cargo flights, 2 packages of explosives to Jewish centers in Chicago, Illinois. (F) A February 2011 plot by Khaled Aldawsari, a Saudi-born student, to manufacture explosives and potentially attack New York, New York, the Dallas, Texas, home of former President George W. Bush, as well as hydroelectric dams, nuclear power plants, and a nightclub. (3) Since the September 11, 2001, attacks on our Nation, the United States and allied forces have captured thousands of individuals fighting for or supporting al Qaeda and associated terrorist organizations that do not abide by the law of war, including detainees at United States Naval Station, Guantanamo Bay, Cuba, who served as planners of those attacks, trainers of terrorists, financiers of terrorists, bomb makers, bodyguards for Osama bin Laden, recruiters of terrorists, and facilitators of terrorism. (4) Many of the detainees at United States Naval Station, Guantanamo Bay provided valuable intelligence that gave the United States insight into al Qaeda and its methods, prevented terrorist attacks, and saved lives. (5) Intelligence obtained from detainees at United States Naval Station, Guantanamo Bay was critical to eventually identifying the location of Osama bin Laden. (6) In a February 17, 2011, hearing of the Committee on Armed Services of the Senate, the Secretary of Defense confirmed that approximately 25 percent of detainees released from the detention facility at United States Naval Station, Guantanamo Bay are confirmed to have reengaged in hostilities or are suspected of having reengaged in hostilities against the United States or our allies. (7) Al Qaeda in the Arabian Peninsula, an organization that includes former detainees at United States Naval Station, Guantanamo Bay among its leadership and ranks, has claimed responsibility for several of the recent plots and attacks against the United States. (8) Detention according to the law of war is a matter of national security and military necessity and has long been recognized as legitimate under international law. (9) Detaining unprivileged enemy belligerents prevents them from returning to the battlefield to attack United States and allied military personnel and engaging in future terrorist attacks against innocent civilians. (10) The Joint Task Force-Guantanamo provides for the humane, legal, and transparent care and custody of detainees at United States Naval Station, Guantanamo Bay, notwithstanding regular assaults on the guard force by some detainees. (11) The International Committee of the Red Cross visits detainees at United States Naval Station, Guantanamo Bay on a quarterly basis. (12) The detention facility at United States Naval Station, Guantanamo Bay benefits from robust oversight by Congress. SEC. 3. REAFFIRMATION OF AUTHORITY TO MAINTAIN UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, AS A LOCATION FOR THE DETENTION OF UNPRIVILEGED ENEMY BELLIGERENTS HELD BY THE DEPARTMENT OF DEFENSE. (a) Reaffirmation of Authority as Location for Detention of Unprivileged Enemy Belligerents.--United States Naval Station, Guantanamo Bay, Cuba, is and shall be a location for the detention of individuals in the custody or under the control of the Department of Defense who have engaged in, or supported, hostilities against the United States or its coalition partners on behalf of al Qaeda, the Taliban, or an affiliated group to which the Authorization for Use of Military Force (Public Law 107-40) applies. (b) Maintenance as an Operational Facility for Detention.--The Secretary of Defense shall take appropriate actions to maintain United States Naval Station, Guantanamo Bay, Cuba, as an open and operating facility for the detention of current and future individuals as described in subsection (a). (c) Permanent Extension of Certain Limitations Relating to Detainees and Detention Facilities.-- (1) Limitation on transfer of detainees to foreign entities.--Section 1033(a)(1) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111- 383; 124 Stat. 4351) is amended by striking ``during the one- year period'' and all that follows through ``by this Act'' and inserting ``the Secretary of Defense may not use any amounts authorized to be appropriated''. (2) Prohibition on construction of detention facilities in united states.--Section 1034(a) of such Act (124 Stat. 4353) is amended by striking ``None of the funds authorized to be appropriated by this Act'' and inserting ``No funds authorized to be appropriated or otherwise made available to the Department of Defense, or to or for any other department or agency of the United States Government,''. (d) Supersedure of Executive Order.--Sections 3, 4(c)(2), 4(c)(3), 4(c)(5), and 7 of Executive Order No. 13492, dated January 22, 2009, shall have no further force or effect.

Detaining Terrorists to Secure America Act of 2011 - Reaffirms that the US Naval Station, Guantanamo Bay, Cuba (Guantanamo), is and shall be a location for the detention of individuals in the custody or control of the Department of Defense (DOD) who have engaged in or supported hostilities against the United States or its coalition partners on behalf of al Qaeda, the Taliban, or an affiliated group to which the Authorization for Use of Military Force applies. Directs the Secretary of Defense to maintain Guantanamo as an open and operating facility for the current and future detention of such individuals. Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to make permanent a prohibition on the use of any federal funds to transfer any individual detained at Guantanamo to the individual's country of origin or any other foreign country or entity unless the Secretary makes a specified certification to Congress relating to such transfer. Prohibits any federal funds from being used to construct or modify any facility in the United States or its territories or possessions to house any individual in the custody or control of DOD or under detention at Guantanamo for the purpose of detention or imprisonment.

A bill to reaffirm the authority of the Department of Defense to maintain United States Naval Station, Guantanamo Bay, Cuba, as a location for the detention of unprivileged enemy belligerents held by the Department of Defense, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Detaining Terrorists to Secure America Act of 2011" <SECTION-HEADER> FINDINGS. Congress makes the following finding: The United States and its international partners are in an armed conflict with violent Islamist extremist groups, including al Qaeda and associated terrorist organizations, that are committed to killing Americans and our allies. In the last 2 years, terrorists have repeatedly attempted to kill Americans both here at home and abroad, including the following attacks, plots, or alleged plots and attacks: A September 2009 plot by Najibullah Zazi who received training from al Qaeda in Pakistan to conduct a suicide bomb attack on the New York, New York, subway system. A November 2009 attack by Nidal Malik Hasan at Fort Hood, Texas, that killed 13 people and wounded 32. A Christmas Day 2009 attempt by Umar Farouk Abdulmutallab to detonate a bomb sewn into his underwear on an international flight to Detroit, Michigan. A May 2010 attempt by Faisal Shahzad to bomb Times Square in New York, New York, on a crowded Saturday evening, an attack that was unsuccessful only because the car bomb failed to detonate. An October 2010 attempt by terrorists in Yemen to send, via commercial cargo flights, 2 packages of explosives to Jewish centers in Chicago, Illinois. A February 2011 plot by Khaled Aldawsari, a Saudi-born student, to manufacture explosives and potentially attack New York, New York, the Dallas, Texas, home of former President George W. Bush, as well as hydroelectric dams, nuclear power plants, and a nightclub. Since the September 11, 2001, attacks on our Nation, the United States and allied forces have captured thousands of individuals fighting for or supporting al Qaeda and associated terrorist organizations that do not abide by the law of war, including detainees at United States Naval Station, Guantanamo Bay, Cuba, who served as planners of those attacks, trainers of terrorists, financiers of terrorists, bomb makers, bodyguards for Osama bin Laden, recruiters of terrorists, and facilitators of terrorism. Many of the detainees at United States Naval Station, Guantanamo Bay provided valuable intelligence that gave the United States insight into al Qaeda and its methods, prevented terrorist attacks, and saved lives. Intelligence obtained from detainees at United States Naval Station, Guantanamo Bay was critical to eventually identifying the location of Osama bin Laden. In a February 17, 2011, hearing of the Committee on Armed Services of the Senate, the Secretary of Defense confirmed that approximately 25 percent of detainees released from the detention facility at United States Naval Station, Guantanamo Bay are confirmed to have reengaged in hostilities or are suspected of having reengaged in hostilities against the United States or our allies. Al Qaeda in the Arabian Peninsula, an organization that includes former detainees at United States Naval Station, Guantanamo Bay among its leadership and ranks, has claimed responsibility for several of the recent plots and attacks against the United States. Detention according to the law of war is a matter of national security and military necessity and has long been recognized as legitimate under international law. Detaining unprivileged enemy belligerents prevents them from returning to the battlefield to attack United States and allied military personnel and engaging in future terrorist attacks against innocent civilians. The Joint Task Force-Guantanamo provides for the humane, legal, and transparent care and custody of detainees at United States Naval Station, Guantanamo Bay, notwithstanding regular assaults on the guard force by some detainees. The International Committee of the Red Cross visits detainees at United States Naval Station, Guantanamo Bay on a quarterly basis. The detention facility at United States Naval Station, Guantanamo Bay benefits from robust oversight by Congress. <SECTION-HEADER> REAFFIRMATION OF AUTHORITY TO MAINTAIN UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, AS A LOCATION FOR THE DETENTION OF UNPRIVILEGED ENEMY BELLIGERENTS HELD BY THE DEPARTMENT OF DEFENSE. Reaffirmation of Authority as Location for Detention of Unprivileged Enemy Belligerents. United States Naval Station, Guantanamo Bay, Cuba, is and shall be a location for the detention of individuals in the custody or under the control of the Department of Defense who have engaged in, or supported, hostilities against the United States or its coalition partners on behalf of al Qaeda, the Taliban, or an affiliated group to which the Authorization for Use of Military Force applies. Maintenance as an Operational Facility for Detention. The Secretary of Defense shall take appropriate actions to maintain United States Naval Station, Guantanamo Bay, Cuba, as an open and operating facility for the detention of current and future individuals as described in subsection (a). Permanent Extension of Certain Limitations Relating to Detainees and Detention Facilities. Limitation on transfer of detainees to foreign entities. Section 1033(a)(1) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 is amended by striking "during the one- year period" and all that follows through "by this Act" and inserting "the Secretary of Defense may not use any amounts authorized to be appropriated". Prohibition on construction of detention facilities in united states. Section 1034(a) of such Act is amended by striking "None of the funds authorized to be appropriated by this Act" and inserting "No funds authorized to be appropriated or otherwise made available to the Department of Defense, or to or for any other department or agency of the United States Government,". Supersedure of Executive Order. Sections 3, 4(c)(2), 4(c)(3), 4(c)(5), and 7 of Executive Order No. 13492, dated January 22, 2009, shall have no further force or effect.

Detaining Terrorists to Secure America Act of 2011 - Reaffirms that the US Naval Station, Guantanamo Bay, Cuba (Guantanamo), is and shall be a location for the detention of individuals in the custody or control of the Department of Defense (DOD) who have engaged in or supported hostilities against the United States or its coalition partners on behalf of al Qaeda, the Taliban, or an affiliated group to which the Authorization for Use of Military Force applies. Directs the Secretary of Defense to maintain Guantanamo as an open and operating facility for the current and future detention of such individuals. Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to make permanent a prohibition on the use of any federal funds to transfer any individual detained at Guantanamo to the individual's country of origin or any other foreign country or entity unless the Secretary makes a specified certification to Congress relating to such transfer. Prohibits any federal funds from being used to construct or modify any facility in the United States or its territories or possessions to house any individual in the custody or control of DOD or under detention at Guantanamo for the purpose of detention or imprisonment.

A bill to reaffirm the authority of the Department of Defense to maintain United States Naval Station, Guantanamo Bay, Cuba, as a location for the detention of unprivileged enemy belligerents held by the Department of Defense, and for other purposes.

112_s468

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mining Jobs Protection Act''. SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by striking subsection (c) and inserting the following: ``(c) Authority of Administrator To Disapprove Specifications.-- ``(1) In general.--The Administrator, in accordance with this subsection, may prohibit the specification of any defined area as a disposal site, and may deny or restrict the use of any defined area for specification as a disposal site, in any case in which the Administrator determines, after notice and opportunity for public hearings and consultation with the Secretary, that the discharge of those materials into the area will have an unacceptable adverse effect on-- ``(A) municipal water supplies; ``(B) shellfish beds and fishery areas (including spawning and breeding areas); ``(C) wildlife; or ``(D) recreational areas. ``(2) Deadline for action.-- ``(A) In general.--The Administrator shall-- ``(i) not later than 30 days after the date on which the Administrator receives from the Secretary for review a specification proposed to be issued under subsection (a), provide notice to the Secretary of, and publish in the Federal Register, a description of any potential concerns of the Administrator with respect to the specification, including a list of measures required to fully address those concerns; and ``(ii) if the Administrator intends to disapprove a specification, not later than 60 days after the date on which the Administrator receives a proposed specification under subsection (a) from the Secretary, provide to the Secretary and the applicant, and publish in the Federal Register, a statement of disapproval of the specification pursuant to this subsection, including the reasons for the disapproval. ``(B) Failure to act.--If the Administrator fails to take any action or meet any deadline described in subparagraph (A) with respect to a proposed specification, the Administrator shall have no further authority under this subsection to disapprove or prohibit issuance of the specification. ``(3) No retroactive disapproval.-- ``(A) In general.--The authority of the Administrator to disapprove or prohibit issuance of a specification under this subsection-- ``(i) terminates as of the date that is 60 days after the date on which the Administrator receives the proposed specification from the Secretary for review; and ``(ii) shall not be used with respect to any specification after issuance of the specification by the Secretary under subsection (a). ``(B) Specifications disapproved before date of enactment.--In any case in which, before the date of enactment of this subparagraph, the Administrator disapproved a specification under this subsection (as in effect on the day before the date of enactment of the Mining Jobs Protection Act) after the specification was issued by the Secretary pursuant to subsection (a)-- ``(i) the Secretary may-- ``(I) reevaluate and reissue the specification after making appropriate modifications; or ``(II) elect not to reissue the specification; and ``(ii) the Administrator shall have no further authority to disapprove the modified specification or any reissuance of the specification. ``(C) Finality.--An election by the Secretary under subparagraph (B)(i) shall constitute final agency action. ``(4) Applicability.--Except as provided in paragraph (3), this subsection applies to each specification proposed to be issued under subsection (a) that is pending as of, or requested or filed on or after, the date of enactment of the Mining Jobs Protection Act''. SEC. 3. REVIEW OF PERMITS. Section 404(q) of the Federal Water Pollution Control Act (33 U.S.C. 1344(q)) is amended-- (1) in the first sentence, by striking ``(q) Not later than'' and inserting the following: ``(q) Agreements; Higher Review of Permits.-- ``(1) Agreements.-- ``(A) In general.--Not later than''; (2) in the second sentence, by striking ``Such agreements'' and inserting the following: ``(B) Deadline.--Agreements described in subparagraph (A)''; and (3) by adding at the end the following: ``(2) Higher review of permits.-- ``(A) In general.--Subject to subparagraph (C), before the Administrator or the head of another Federal agency requests that a permit proposed to be issued under this section receive a higher level of review by the Secretary, the Administrator or other head shall-- ``(i) consult with the head of the State agency having jurisdiction over aquatic resources in each State in which activities under the requested permit would be carried out; and ``(ii) obtain official consent from the State agency (or, in the case of multiple States in which activities under the requested permit would be carried out, from each State agency) to designate areas covered or affected by the proposed permit as aquatic resources of national importance. ``(B) Failure to obtain consent.--If the Administrator or the head of another Federal agency does not obtain State consent described in subparagraph (A) with respect to a permit proposed to be issued under this section, the Administrator or Federal agency may not proceed in seeking higher review of the permit. ``(C) Limitation on elevations.--The Administrator or the head of another Federal agency may request that a permit proposed to be issued under this section receive a higher level of review by the Secretary not more than once per permit. ``(D) Effective date.--This paragraph applies to permits for which applications are submitted under this section on or after January 1, 2010.''.

Mining Jobs Protection Act - Amends the Federal Water Pollution Control Act to repeal provisions that require the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary of the Army before denying or restricting the use of specified areas as disposal sites for discharges of dredged or fill material into waters of the United States. Requires the Administrator to provide, within specified timeframes, to: (1) the Secretary notice of any concerns with respect to a specification for a disposal site proposed to be issued under a permit to discharge into navigable waters. And (2) the Secretary and permit applicants the reasons for any disapproval of permits. Removes the Administrator's authority to prohibit the specification of any defined area as a disposal site: (1) 60 days after the Administrator receives the proposed specification from the Secretary for review. And (2) once the Secretary has issued a permit for dredged or fill material. Authorizes the Secretary to reevaluate and reissue, or to elect not to reissue, a specification in any case in which, before the enactment of this Act, the Administrator disproved of a specification after it was issued by the Secretary. Sets forth requirements that must be met before the Administrator or the head of another agency requests that a proposed permit for dredged or fill material receive a higher level of review by the Secretary.

A bill to amend the Federal Water Pollution Control Act to clarify the authority of the Administrator to disapprove specifications of disposal sites for the discharge of, dredged or fill material, and to clarify the procedure under which a higher review of specifications may be requested.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Mining Jobs Protection Act". <SECTION-HEADER> PERMITS FOR DREDGED OR FILL MATERIAL. Section 404 of the Federal Water Pollution Control Act is amended by striking subsection (c) and inserting the following: Authority of Administrator To Disapprove Specifications. In general. The Administrator, in accordance with this subsection, may prohibit the specification of any defined area as a disposal site, and may deny or restrict the use of any defined area for specification as a disposal site, in any case in which the Administrator determines, after notice and opportunity for public hearings and consultation with the Secretary, that the discharge of those materials into the area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife. Or recreational areas. Deadline for action. In general. The Administrator shall not later than 30 days after the date on which the Administrator receives from the Secretary for review a specification proposed to be issued under subsection (a), provide notice to the Secretary of, and publish in the Federal Register, a description of any potential concerns of the Administrator with respect to the specification, including a list of measures required to fully address those concerns. And if the Administrator intends to disapprove a specification, not later than 60 days after the date on which the Administrator receives a proposed specification under subsection (a) from the Secretary, provide to the Secretary and the applicant, and publish in the Federal Register, a statement of disapproval of the specification pursuant to this subsection, including the reasons for the disapproval. Failure to act. If the Administrator fails to take any action or meet any deadline described in subparagraph (A) with respect to a proposed specification, the Administrator shall have no further authority under this subsection to disapprove or prohibit issuance of the specification. No retroactive disapproval. In general. The authority of the Administrator to disapprove or prohibit issuance of a specification under this subsection terminates as of the date that is 60 days after the date on which the Administrator receives the proposed specification from the Secretary for review. And shall not be used with respect to any specification after issuance of the specification by the Secretary under subsection . Specifications disapproved before date of enactment. In any case in which, before the date of enactment of this subparagraph, the Administrator disapproved a specification under this subsection after the specification was issued by the Secretary pursuant to subsection the Secretary may reevaluate and reissue the specification after making appropriate modifications, or elect not to reissue the specification. And the Administrator shall have no further authority to disapprove the modified specification or any reissuance of the specification. Finality. An election by the Secretary under subparagraph (B)(i) shall constitute final agency action. Applicability. Except as provided in paragraph (3), this subsection applies to each specification proposed to be issued under subsection (a) that is pending as of, or requested or filed on or after, the date of enactment of the Mining Jobs Protection Act". <SECTION-HEADER> REVIEW OF PERMITS. Section 404(q) of the Federal Water Pollution Control Act (33 USC. 1344(q)) is amended in the first sentence, by striking "(q) Not later than" and inserting the following: Agreements, Higher Review of Permits. Agreements. In general. Not later than". In the second sentence, by striking "Such agreements" and inserting the following: Deadline. Agreements described in subparagraph (A)". And by adding at the end the following: Higher review of permits. In general. Subject to subparagraph (C), before the Administrator or the head of another Federal agency requests that a permit proposed to be issued under this section receive a higher level of review by the Secretary, the Administrator or other head shall consult with the head of the State agency having jurisdiction over aquatic resources in each State in which activities under the requested permit would be carried out. And obtain official consent from the State agency to designate areas covered or affected by the proposed permit as aquatic resources of national importance. Failure to obtain consent. If the Administrator or the head of another Federal agency does not obtain State consent described in subparagraph with respect to a permit proposed to be issued under this section, the Administrator or Federal agency may not proceed in seeking higher review of the permit. Limitation on elevations. The Administrator or the head of another Federal agency may request that a permit proposed to be issued under this section receive a higher level of review by the Secretary not more than once per permit. Effective date. This paragraph applies to permits for which applications are submitted under this section on or after January 1, 2010.".

Mining Jobs Protection Act - Amends the Federal Water Pollution Control Act to repeal provisions that require the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary of the Army before denying or restricting the use of specified areas as disposal sites for discharges of dredged or fill material into waters of the United States. Requires the Administrator to provide, within specified timeframes, to: (1) the Secretary notice of any concerns with respect to a specification for a disposal site proposed to be issued under a permit to discharge into navigable waters. And (2) the Secretary and permit applicants the reasons for any disapproval of permits. Removes the Administrator's authority to prohibit the specification of any defined area as a disposal site: (1) 60 days after the Administrator receives the proposed specification from the Secretary for review. And (2) once the Secretary has issued a permit for dredged or fill material. Authorizes the Secretary to reevaluate and reissue, or to elect not to reissue, a specification in any case in which, before the enactment of this Act, the Administrator disproved of a specification after it was issued by the Secretary. Sets forth requirements that must be met before the Administrator or the head of another agency requests that a proposed permit for dredged or fill material receive a higher level of review by the Secretary.

A bill to amend the Federal Water Pollution Control Act to clarify the authority of the Administrator to disapprove specifications of disposal sites for the discharge of, dredged or fill material, and to clarify the procedure under which a higher review of specifications may be requested.

108_hr1980

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety, Accountability, and Funding Efficiency for Transportation Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) to ensure that taxpayers receive safe, high quality transportation services at the best possible price, a government agency carrying out a surface transportation project should conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor; and (2) by conducting the cost-benefit analysis, a government agency will be able to determine if it is cost effective and in the public interest to use a private contractor or government employees in procuring such services. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Architectural, engineering, and related services.--The term ``architectural, engineering, and related services'' means architectural, landscape architectural, environmental, engineering, land surveying, construction project management, and construction inspection services and services related to permitting and environmental studies, the preparation of plans, specifications, and estimates, and the acquisition of rights- of-way. (2) Private contract.--The term ``private contract'' means an agreement between a government agency and a private contractor. (3) Government agency.--The term ``government agency'' means a State, local, regional, interregional, or other governmental entity that receives Federal funds to carry out surface transportation projects. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (5) Surface transportation project.--The term ``surface transportation project'' means a project eligible for assistance under title 23, United States Code, a capital project (as defined in section 5302 of title 49, United States Code), and any other project related to surface transportation that the Secretary determines appropriate. SEC. 4. COST-BENEFIT ANALYSIS. (a) In General.--For fiscal year 2005 and each fiscal year thereafter, Federal funds made available to carry out a surface transportation project may be used by a government agency to enter into a private contract of $100,000 or more to procure architectural, engineering, and related services only if the government agency conducts a cost-benefit analysis for the private contract in accordance with the requirements of this section. (b) Components.--A cost-benefit analysis conducted by a government agency for a private contract under subsection (a) shall contain, at a minimum, the following: (1) A description of the services to be performed under the private contract. (2) An estimate of the cost of procuring the services under the private contract, including the price of the contract, the cost to the government agency of negotiating and awarding the contract, and the cost to the government agency of inspecting, supervising, monitoring, and overseeing the contract. (3) An estimate of the cost of having the services performed by the government agency (or a government agency assisting such agency), including staff salaries and benefits, office facilities and space, equipment and materials, and other costs that can be reasonably attributed to the performance of the services and that would not be otherwise be incurred by the government agency. (4) A determination as to whether the services would be procured more quickly by entering into the private contract or by having the services performed by the government agency (or a government agency assisting such agency). (5) A determination as to whether the government agency will provide equipment and materials under the private contract and an estimate of the cost of any such equipment and materials. (6) An estimate of the cost of unemployment compensation or other benefits likely to be paid to any employees of the government agency displaced as a result of the private contract. (7) An estimate of the cost to the government agency of resuming performance of the service to be performed under the private contract. SEC. 5. MATERIALS TO ACCOMPANY COST-BENEFIT ANALYSIS. (a) In General.--If, after conducting a cost-benefit analysis for a private contract under section 4, a government agency finds that the benefits of entering into the contract outweigh the costs, the agency shall also prepare for the contract the materials required by this section. (b) Performance History.--The materials to be prepared under subsection (a) shall include a performance history of the private contractor. Such history shall include, at a minimum, the following: (1) A description of any work performed for the government agency by the private contractor in the preceding 5-year period or, if such work was not performed, a description of any work performed for other government agencies by the private contractor in such 5-year period. (2) With respect to each private contract to which paragraph (1) applies, the amount of funds originally committed by the government agency under the contract and the amount of funds actually expended by the government agency under the contract. (3) With respect to each private contract to which paragraph (1) applies, deadlines originally established for all work performed under the contract and the actual date or dates on which performance of the work was completed. (4) Any citations, court findings, or administrative findings against the private contractor for a violation of applicable Federal, State, and local laws, including laws governing environmental protection, employee safety and health, labor relations, and other employment requirements. (5) Documentation to substantiate that the qualifications, experience, and expertise of the employees to be utilized by the private contractor under the private contract, including subcontractors, are at least equal to that of the government agency employees who could be providing the services. (c) Political Contribution History.--The materials to be prepared under subsection (a) shall include a political contribution history of the private contractor. Such history shall include, at a minimum, a listing of all contributions made by the private contractor to political parties and candidates for political office in the preceding 5-year period. (d) Certification of Performance Bond.--The materials to be prepared under subsection (a) shall include a certification by the government agency that the agency will receive from the private contractor a performance bond or similar instrument that ensures the performance of the contractor under the private contract. SEC. 6. DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS. If, after conducting a cost-benefit analysis for a private contract under section 4 and preparing the accompanying materials under section 5, a government agency finds that it is in the public interest to enter into the contract, the agency shall, at least 30 days before entering into the contract-- (1) submit the results and accompanying materials to the Secretary for review; (2) provide the results and accompanying materials to any individual or entity that registers with the agency to receive the results; and (3) make the results and accompanying materials available for public inspection, including publication of the results on the Internet. SEC. 7. COMMENTS. In the 15-day period following the date of publication by a government agency of the results of a cost-benefit analysis for a private contract under section 4-- (1) employees of the agency and other interested parties may submit to the agency written comments refuting the accuracy of results; and (2) employees of the agency may submit to the agency a competitive bid to provide the services that would otherwise be performed under the contract. SEC. 8. USE OF QUALIFICATION-BASED SELECTION CRITERIA. In procuring architectural, engineering, and related services from private sources using Federal funds as part of a surface transportation project, a government agency shall use the procedures for procuring architectural and engineering services under chapter 11 of title 40, United States Code, or equivalent State qualifications-based requirements. SEC. 9. SPECIALTY, EMERGENCY, TEMPORARY WORK. Upon the request of a government agency, the Secretary may waive the application of this Act with respect to a private contract if the Secretary determines that the government agency cannot perform the work to be conducted under the contract with existing or additional government employees because the work is of an emergency, specialty, or intermittent nature and would likely cause regular periods of underutilization of government employees&lt;plus-minus&gt;.

Safety, Accountability, and Funding Efficiency for Transportation Act of 2003 - Requires government agencies to prepare cost benefit analyses before entering any private contract of $100,000 or more to procure private sector architectural, engineering, and related services for a surface transportation project. Prescribes components of such cost benefit analysis, as well as accompanying materials including the performance history and political contribution history of the private contractor. Prescribes procedural guidelines for mandatory public disclosure of the results of such cost-benefit analysis.

To require government agencies carrying out surface transportation projects to conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Safety, Accountability, and Funding Efficiency for Transportation Act of 2003". <SECTION-HEADER> FINDINGS. Congress finds that to ensure that taxpayers receive safe, high quality transportation services at the best possible price, a government agency carrying out a surface transportation project should conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor. And by conducting the cost-benefit analysis, a government agency will be able to determine if it is cost effective and in the public interest to use a private contractor or government employees in procuring such services. <SECTION-HEADER> DEFINITIONS. In this Act, the following definitions apply: Architectural, engineering, and related services. The term "architectural, engineering, and related services" means architectural, landscape architectural, environmental, engineering, land surveying, construction project management, and construction inspection services and services related to permitting and environmental studies, the preparation of plans, specifications, and estimates, and the acquisition of rights- of-way. Private contract. The term "private contract" means an agreement between a government agency and a private contractor. Government agency. The term "government agency" means a State, local, regional, interregional, or other governmental entity that receives Federal funds to carry out surface transportation projects. Secretary. The term "Secretary" means the Secretary of Transportation. Surface transportation project. The term "surface transportation project" means a project eligible for assistance under title 23, United States Code, a capital project , and any other project related to surface transportation that the Secretary determines appropriate. <SECTION-HEADER> COST-BENEFIT ANALYSIS. In General. For fiscal year 2005 and each fiscal year thereafter, Federal funds made available to carry out a surface transportation project may be used by a government agency to enter into a private contract of $100,000 or more to procure architectural, engineering, and related services only if the government agency conducts a cost-benefit analysis for the private contract in accordance with the requirements of this section. Components. A cost-benefit analysis conducted by a government agency for a private contract under subsection (a) shall contain, at a minimum, the following: A description of the services to be performed under the private contract. An estimate of the cost of procuring the services under the private contract, including the price of the contract, the cost to the government agency of negotiating and awarding the contract, and the cost to the government agency of inspecting, supervising, monitoring, and overseeing the contract. An estimate of the cost of having the services performed by the government agency , including staff salaries and benefits, office facilities and space, equipment and materials, and other costs that can be reasonably attributed to the performance of the services and that would not be otherwise be incurred by the government agency. A determination as to whether the services would be procured more quickly by entering into the private contract or by having the services performed by the government agency . A determination as to whether the government agency will provide equipment and materials under the private contract and an estimate of the cost of any such equipment and materials. An estimate of the cost of unemployment compensation or other benefits likely to be paid to any employees of the government agency displaced as a result of the private contract. An estimate of the cost to the government agency of resuming performance of the service to be performed under the private contract. <SECTION-HEADER> MATERIALS TO ACCOMPANY COST-BENEFIT ANALYSIS. In General. If, after conducting a cost-benefit analysis for a private contract under section 4, a government agency finds that the benefits of entering into the contract outweigh the costs, the agency shall also prepare for the contract the materials required by this section. Performance History. The materials to be prepared under subsection (a) shall include a performance history of the private contractor. Such history shall include, at a minimum, the following: A description of any work performed for the government agency by the private contractor in the preceding 5-year period or, if such work was not performed, a description of any work performed for other government agencies by the private contractor in such 5-year period. With respect to each private contract to which paragraph (1) applies, the amount of funds originally committed by the government agency under the contract and the amount of funds actually expended by the government agency under the contract. With respect to each private contract to which paragraph (1) applies, deadlines originally established for all work performed under the contract and the actual date or dates on which performance of the work was completed. Any citations, court findings, or administrative findings against the private contractor for a violation of applicable Federal, State, and local laws, including laws governing environmental protection, employee safety and health, labor relations, and other employment requirements. Documentation to substantiate that the qualifications, experience, and expertise of the employees to be utilized by the private contractor under the private contract, including subcontractors, are at least equal to that of the government agency employees who could be providing the services. Political Contribution History. The materials to be prepared under subsection (a) shall include a political contribution history of the private contractor. Such history shall include, at a minimum, a listing of all contributions made by the private contractor to political parties and candidates for political office in the preceding 5-year period. Certification of Performance Bond. The materials to be prepared under subsection (a) shall include a certification by the government agency that the agency will receive from the private contractor a performance bond or similar instrument that ensures the performance of the contractor under the private contract. <SECTION-HEADER> DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS. If, after conducting a cost-benefit analysis for a private contract under section 4 and preparing the accompanying materials under section 5, a government agency finds that it is in the public interest to enter into the contract, the agency shall, at least 30 days before entering into the contract submit the results and accompanying materials to the Secretary for review. Provide the results and accompanying materials to any individual or entity that registers with the agency to receive the results. And make the results and accompanying materials available for public inspection, including publication of the results on the Internet. <SECTION-HEADER> COMMENTS. In the 15-day period following the date of publication by a government agency of the results of a cost-benefit analysis for a private contract under section 4 employees of the agency and other interested parties may submit to the agency written comments refuting the accuracy of results. And employees of the agency may submit to the agency a competitive bid to provide the services that would otherwise be performed under the contract. <SECTION-HEADER> USE OF QUALIFICATION-BASED SELECTION CRITERIA. In procuring architectural, engineering, and related services from private sources using Federal funds as part of a surface transportation project, a government agency shall use the procedures for procuring architectural and engineering services under chapter 11 of title 40, United States Code, or equivalent State qualifications-based requirements. <SECTION-HEADER> SPECIALTY, EMERGENCY, TEMPORARY WORK. Upon the request of a government agency, the Secretary may waive the application of this Act with respect to a private contract if the Secretary determines that the government agency cannot perform the work to be conducted under the contract with existing or additional government employees because the work is of an emergency, specialty, or intermittent nature and would likely cause regular periods of underutilization of government employeeslt, plus-minusgt, .

Safety, Accountability, and Funding Efficiency for Transportation Act of 2003 - Requires government agencies to prepare cost benefit analyses before entering any private contract of $100,000 or more to procure private sector architectural, engineering, and related services for a surface transportation project. Prescribes components of such cost benefit analysis, as well as accompanying materials including the performance history and political contribution history of the private contractor. Prescribes procedural guidelines for mandatory public disclosure of the results of such cost-benefit analysis.

To require government agencies carrying out surface transportation projects to conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor, and for other purposes.

114_hr970

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Academic Freedom through Regulatory Relief Act''. SEC. 2. REGULATORY RELIEF. (a) Regulations Repealed.-- (1) Repeal.--The following regulations (including any supplement or revision to such regulations) are repealed and shall have no legal effect: (A) State authorization.--Sections 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, and 668.43(b) of title 34, Code of Federal Regulations (relating to State authorization), as added or amended by-- (i) the final regulations published by the Department of Education in the Federal Register on October 29, 2010 (75 Fed. Reg. 66832 et seq.); or (ii) the negotiated rulemaking committee established after the notice of intention to establish such committee published in the Federal Register on November 20, 2013 (78 Fed. Reg. 69612 et seq.). (B) Definition of credit hour.--The definition of the term ``credit hour'' in section 600.2 of title 34, Code of Federal Regulations, as added by the final regulations published by the Department of Education in the Federal Register on October 29, 2010 (75 Fed. Reg. 66946), and clauses (i)(A), (ii), and (iii) of subsection (k)(2) of section 668.8 of such title, as amended by such final regulations (75 Fed. Reg. 66949 et seq.). (C) Gainful employment.--Sections 600.10(c), 600.20(d), 668.6, and 668.7, of title 34, Code of Federal Regulations as added or amended by the final regulations published by the Department of Education in the Federal Register on October 31, 2014 (79 Fed. Reg. 64889 et seq.). (2) Effect of repeal.--To the extent that regulations repealed by paragraph (1) amended regulations that were in effect on June 30, 2011, the provisions of the regulations that were in effect on June 30, 2011, and were so amended are restored and revived as if the regulations repealed by paragraph (1) had not taken effect. (b) Certain Regulations and Other Actions Prohibited.-- (1) State authorization, gainful employment, and teacher preparation.-- (A) In general.--The Secretary of Education shall not, during the period described in subparagraph (B), promulgate or enforce any regulation or rule not in effect on the date of enactment of this Act for any purpose under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with respect to-- (i) the State authorization for institutions of higher education to operate within a State; (ii) the definition or application of the term ``gainful employment''; or (iii) a teacher preparation program accountability system. (B) Period of prohibition.--The period during which the Secretary is prohibited from promulgating or enforcing a regulation described in subparagraph (A) shall be the period beginning on the date of enactment of this Act and ending on the date of enactment of a law that extends by not less than 2 fiscal years the authorization or duration of one or more programs under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). (2) Credit hour.--The Secretary of Education shall not, on or after the date of enactment of this Act, promulgate or enforce any regulation or rule with respect to the definition of the term ``credit hour'' for any purpose under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). (3) Postsecondary institution ratings system.--The Secretary of Education shall not carry out, develop, refine, promulgate, publish, implement, administer, or enforce a postsecondary institution ratings system or any other performance system to rate institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)). SEC. 3. THIRD-PARTY SERVICE PROVIDERS. Section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)) is amended by adding at the end the following: ``Notwithstanding the preceding sentence, an institution described in section 101 may provide payment, based on the amount of tuition generated by the institution from student enrollment, to a third-party entity that provides a set of services to the institution that includes student recruitment services, regardless of whether the third-party entity is affiliated with an institution that provides educational services other than the institution providing such payment, if-- ``(A) the third-party entity is not affiliated with the institution providing such payment; ``(B) the third-party entity does not make compensation payments to its employees that are prohibited under this paragraph; ``(C) the set of services provided to the institution by the third-party entity include services in addition to student recruitment services, and the institution does not pay the third-party entity solely or separately for student recruitment services provided by the third-party entity; and ``(D) any student recruitment information available to the third-party entity, including personally identifiable information, will not be used by, shared with, or sold to any other person or entity, including any institution that is affiliated with the third-party entity.''.

Supporting Academic Freedom through Regulatory Relief Act Repeals certain Department of Education (ED) regulations that for purposes of determining whether a school is eligible to participate in programs under the Higher Education Act of 1965 (HEA): (1) require institutions of higher education (IHEs) and postsecondary vocational institutions to be legally authorized by the state in which they are situated, (2) delineate what such legal authorization requires of states and schools, (3) impose standards and disclosure requirements on programs that prepare students for gainful employment in a recognized occupation, and (4) define credit hour. Prohibits ED from promulgating or enforcing any regulation or rule not in effect on the date of this Act's enactment regarding: (1) the state authorization for IHEs to operate within a state, (2) the definition or application of the term quot, gainful employment,quot. Or (3) a teacher preparation program accountability system. Ends that prohibition when a law is enacted that extends by at least two fiscal years the authorization or duration of one or more programs under the HEA. Prohibits ED from promulgating or enforcing any regulation or rule that defines credit hour for any purpose under the HEA. Prohibits ED from carrying out, developing, refining, promulgating, publishing, implementing, administering, or enforcing a postsecondary institution ratings system or any other performance system to rate IHEs. Amends title IV of the HEA to authorize nonprofit IHEs to make payments to third-party entities for services that include student recruitment and are based on the amount of tuition that the IHE generates from student enrollment if the third-party entity: (1) is not affiliated with the IHE, (2) does not provide incentive payments to its employees for their success in enrolling students or securing financial aid for them, (3) is not paid by the IHE solely or separately for student recruitment services, and (4) will not make student recruitment information available to any other person or entity.

Supporting Academic Freedom through Regulatory Relief Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Supporting Academic Freedom through Regulatory Relief Act". <SECTION-HEADER> REGULATORY RELIEF. Regulations Repealed. Repeal. The following regulations are repealed and shall have no legal effect: State authorization. Sections 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, and 668.43(b) of title 34, Code of Federal Regulations , as added or amended by the final regulations published by the Department of Education in the Federal Register on October 29, 2010. Or the negotiated rulemaking committee established after the notice of intention to establish such committee published in the Federal Register on November 20, 2013 . Definition of credit hour. The definition of the term "credit hour" in section 600.2 of title 34, Code of Federal Regulations, as added by the final regulations published by the Department of Education in the Federal Register on October 29, 2010 , and clauses (i)(A), (ii), and (iii) of subsection (k)(2) of section 668.8 of such title, as amended by such final regulations . Gainful employment. Sections 600.10(c), 600.20(d), 668.6, and 668.7, of title 34, Code of Federal Regulations as added or amended by the final regulations published by the Department of Education in the Federal Register on October 31, 2014 . Effect of repeal. To the extent that regulations repealed by paragraph (1) amended regulations that were in effect on June 30, 2011, the provisions of the regulations that were in effect on June 30, 2011, and were so amended are restored and revived as if the regulations repealed by paragraph (1) had not taken effect. Certain Regulations and Other Actions Prohibited. State authorization, gainful employment, and teacher preparation. In general. The Secretary of Education shall not, during the period described in subparagraph (B), promulgate or enforce any regulation or rule not in effect on the date of enactment of this Act for any purpose under the Higher Education Act of 1965 with respect to the State authorization for institutions of higher education to operate within a State, the definition or application of the term "gainful employment". Or a teacher preparation program accountability system. Period of prohibition. The period during which the Secretary is prohibited from promulgating or enforcing a regulation described in subparagraph (A) shall be the period beginning on the date of enactment of this Act and ending on the date of enactment of a law that extends by not less than 2 fiscal years the authorization or duration of one or more programs under the Higher Education Act of 1965 . Credit hour. The Secretary of Education shall not, on or after the date of enactment of this Act, promulgate or enforce any regulation or rule with respect to the definition of the term "credit hour" for any purpose under the Higher Education Act of 1965 . Postsecondary institution ratings system. The Secretary of Education shall not carry out, develop, refine, promulgate, publish, implement, administer, or enforce a postsecondary institution ratings system or any other performance system to rate institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 . <SECTION-HEADER> THIRD-PARTY SERVICE PROVIDERS. Section 487(a)(20) of the Higher Education Act of 1965 (20 USC. 1094(a)(20)) is amended by adding at the end the following: "Notwithstanding the preceding sentence, an institution described in section 101 may provide payment, based on the amount of tuition generated by the institution from student enrollment, to a third-party entity that provides a set of services to the institution that includes student recruitment services, regardless of whether the third-party entity is affiliated with an institution that provides educational services other than the institution providing such payment, if the third-party entity is not affiliated with the institution providing such payment. The third-party entity does not make compensation payments to its employees that are prohibited under this paragraph. The set of services provided to the institution by the third-party entity include services in addition to student recruitment services, and the institution does not pay the third-party entity solely or separately for student recruitment services provided by the third-party entity. And any student recruitment information available to the third-party entity, including personally identifiable information, will not be used by, shared with, or sold to any other person or entity, including any institution that is affiliated with the third-party entity.".

Supporting Academic Freedom through Regulatory Relief Act Repeals certain Department of Education (ED) regulations that for purposes of determining whether a school is eligible to participate in programs under the Higher Education Act of 1965 (HEA): (1) require institutions of higher education (IHEs) and postsecondary vocational institutions to be legally authorized by the state in which they are situated, (2) delineate what such legal authorization requires of states and schools, (3) impose standards and disclosure requirements on programs that prepare students for gainful employment in a recognized occupation, and (4) define credit hour. Prohibits ED from promulgating or enforcing any regulation or rule not in effect on the date of this Act's enactment regarding: (1) the state authorization for IHEs to operate within a state, (2) the definition or application of the term quot, gainful employment,quot. Or (3) a teacher preparation program accountability system. Ends that prohibition when a law is enacted that extends by at least two fiscal years the authorization or duration of one or more programs under the HEA. Prohibits ED from promulgating or enforcing any regulation or rule that defines credit hour for any purpose under the HEA. Prohibits ED from carrying out, developing, refining, promulgating, publishing, implementing, administering, or enforcing a postsecondary institution ratings system or any other performance system to rate IHEs. Amends title IV of the HEA to authorize nonprofit IHEs to make payments to third-party entities for services that include student recruitment and are based on the amount of tuition that the IHE generates from student enrollment if the third-party entity: (1) is not affiliated with the IHE, (2) does not provide incentive payments to its employees for their success in enrolling students or securing financial aid for them, (3) is not paid by the IHE solely or separately for student recruitment services, and (4) will not make student recruitment information available to any other person or entity.

Supporting Academic Freedom through Regulatory Relief Act

110_s2299

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Aquatic Animal Health Act of 2007''. SEC. 2. OVERSIGHT OF NATIONAL AQUATIC ANIMAL HEALTH PLAN. (a) Definitions.--In this section: (1) Advisory committee.--The term ``advisory committee'' means the General Advisory Committee for Oversight of National Aquatic Animal Health established under subsection (b)(1). (2) Plan.--The term ``plan'' means the national aquatic animal health plan developed by the National Aquatic Animal Health Task Force, composed of representatives of the Department of Agriculture, the Department of Commerce (including the National Oceanic and Atmospheric Administration), and the Department of the Interior (including the United States Fish and Wildlife Service). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service. (b) General Advisory Committee for Oversight of National Aquatic Animal Health.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with States and the private sector, shall establish an advisory committee, to be known as the ``General Advisory Committee for Oversight of National Aquatic Animal Health''. (2) Membership.-- (A) Composition.--The advisory committee shall-- (i) be composed equally of representatives of-- (I) State and tribal governments; and (II) commercial aquaculture interests; and (ii) consist of not more than 20 members, to be appointed by the Secretary, of whom-- (I) not less than 3 shall be representatives of Federal departments or agencies; (II) not less than 6 shall be representatives of State or tribal governments that elect to participate in the plan under subsection (d); (III) not less than 6 shall be representatives of affected commercial aquaculture interests; and (IV) not less than 2 shall be aquatic animal health experts, as determined by the Secretary. (B) Nominations.--The Secretary shall publish in the Federal Register a solicitation for, and may accept, nominations for members of the advisory committee from appropriate entities, as determined by the Secretary. (c) Recommendations.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the advisory committee shall develop and submit to the Secretary recommendations regarding-- (A) the establishment and membership of appropriate expert and representative commissions to efficiently implement and administer the plan; (B) disease- and species-specific best management practices relating to activities carried out under the plan; and (C) the establishment and administration of the indemnification fund under subsection (e). (2) Factors for consideration.--In developing recommendations under paragraph (1), the advisory committee shall take into consideration all emergency aquaculture-related projects that have been or are being carried out under the plan as of the date of submission of the recommendations. (d) Participation by State and Tribal Governments and Private Sector.-- (1) In general.--Any State or tribal government, and any entity in the private sector, may elect to participate in the plan. (2) Duties.--On election by a State or tribal government or entity in the private sector to participate in the plan under paragraph (1), the State or tribal government or entity shall-- (A) submit to the Secretary-- (i) a notification of the election; and (ii) nominations for members of the advisory committee, as appropriate; and (B) as a condition of participation, enter into an agreement with the Secretary under which the State or tribal government or entity-- (i) assumes responsibility for a portion of the non-Federal share of the costs of carrying out the plan, as described in paragraph (3); and (ii) agrees to act in accordance with applicable disease- and species-specific best management practices relating to activities carried out under the plan by the State or tribal government or entity, as the Secretary determines to be appropriate. (3) Non-federal share.-- (A) In general.--Subject to subparagraph (B), the non-Federal share of the cost of carrying out the plan-- (i) shall be determined-- (I) by the Secretary, in consultation with the advisory committee; and (II) on a case-by-case basis for each project carried out under the plan; and (ii) may be provided by State and tribal governments and entities in the private sector in cash or in-kind. (B) Deposits into indemnification fund.--The non- Federal share of amounts in the indemnification fund under subsection (e) provided by each State or tribal government or entity in the private sector shall be-- (i) zero with respect to the initial deposit into the fund; and (ii) determined on a case-by-case basis for each project carried out under the plan. (e) Indemnification Fund.-- (1) Establishment.--The Secretary, in consultation with the advisory committee, shall establish a fund, to be known as the ``indemnification fund'', consisting of-- (A) such amounts as are initially deposited into the fund by the Secretary under subsection (g)(1); and (B) such amounts as are deposited into the fund by the Secretary, State and tribal governments, and entities in the private sector for specific activities under the plan. (2) Uses.--The Secretary shall use amounts in the indemnification fund only to compensate aquatic farmers-- (A) the entire inventory of livestock or agricultural products of which is eradicated as a result of a disease control or eradication measure carried out under the plan; or (B) for the cost of disinfecting and cleaning products or equipment in response to a depopulation order carried out under the plan. (3) Unused amounts.--Amounts remaining in the indemnification fund on September 30 of the fiscal year for which the amounts were appropriated-- (A) shall remain in the fund; (B) may be used in any subsequent fiscal year in accordance with paragraph (2); and (C) shall not be reprogrammed by the Secretary for any other use. (f) Review.--Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the advisory committee, shall review, and submit to Congress a report regarding-- (1) activities carried out under the plan during the preceding 2 years; (2) activities carried out by the advisory committee; and (3) recommendations for funding for subsequent fiscal years to carry out this section. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2008 and 2009, of which-- (1) not less than 50 percent shall be deposited into the indemnification fund established under subsection (e) for use in accordance with that subsection; and (2) not more than 50 percent shall be used for the costs of carrying out the plan, including the costs of-- (A) administration of the plan; (B) implementation of the plan; (C) training and laboratory testing; (D) cleaning and disinfection associated with depopulation orders; and (E) public education and outreach activities.

National Aquatic Animal Health Act of 2007 - Directs the Secretary of Agriculture to: (1) establish the General Advisory Committee for Oversight of National Aquatic Animal Health which shall make recommendations regarding the national aquatic animal health plan. And (2) establish an indemnification fund to compensate aquatic farmers for livestock or agricultural products lost in disease control measures or for related equipment disinfecting costs.

A bill to require the Secretary of Agriculture to establish an advisory committee to develop recommendations regarding the national aquatic animal health plan developed by the National Aquatic Animal Health Task Force, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Aquatic Animal Health Act of 2007". <SECTION-HEADER> OVERSIGHT OF NATIONAL AQUATIC ANIMAL HEALTH PLAN. Definitions. In this section: Advisory committee. The term "advisory committee" means the General Advisory Committee for Oversight of National Aquatic Animal Health established under subsection (b)(1). Plan. The term "plan" means the national aquatic animal health plan developed by the National Aquatic Animal Health Task Force, composed of representatives of the Department of Agriculture, the Department of Commerce , and the Department of the Interior . Secretary. The term "Secretary" means the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service. General Advisory Committee for Oversight of National Aquatic Animal Health. Establishment. Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with States and the private sector, shall establish an advisory committee, to be known as the "General Advisory Committee for Oversight of National Aquatic Animal Health". Membership. Composition. The advisory committee shall be composed equally of representatives of State and tribal governments, and commercial aquaculture interests. And consist of not more than 20 members, to be appointed by the Secretary, of whom not less than 3 shall be representatives of Federal departments or agencies. Not less than 6 shall be representatives of State or tribal governments that elect to participate in the plan under subsection (d). Not less than 6 shall be representatives of affected commercial aquaculture interests. And not less than 2 shall be aquatic animal health experts, as determined by the Secretary. Nominations. The Secretary shall publish in the Federal Register a solicitation for, and may accept, nominations for members of the advisory committee from appropriate entities, as determined by the Secretary. Recommendations. In general. Not later than 18 months after the date of enactment of this Act, the advisory committee shall develop and submit to the Secretary recommendations regarding the establishment and membership of appropriate expert and representative commissions to efficiently implement and administer the plan. Disease- and species-specific best management practices relating to activities carried out under the plan. And the establishment and administration of the indemnification fund under subsection (e). Factors for consideration. In developing recommendations under paragraph (1), the advisory committee shall take into consideration all emergency aquaculture-related projects that have been or are being carried out under the plan as of the date of submission of the recommendations. Participation by State and Tribal Governments and Private Sector. In general. Any State or tribal government, and any entity in the private sector, may elect to participate in the plan. Duties. On election by a State or tribal government or entity in the private sector to participate in the plan under paragraph (1), the State or tribal government or entity shall submit to the Secretary a notification of the election, and nominations for members of the advisory committee, as appropriate. And as a condition of participation, enter into an agreement with the Secretary under which the State or tribal government or entity assumes responsibility for a portion of the non-Federal share of the costs of carrying out the plan, as described in paragraph (3). And agrees to act in accordance with applicable disease- and species-specific best management practices relating to activities carried out under the plan by the State or tribal government or entity, as the Secretary determines to be appropriate. Non-federal share. In general. Subject to subparagraph (B), the non-Federal share of the cost of carrying out the plan shall be determined by the Secretary, in consultation with the advisory committee. And on a case-by-case basis for each project carried out under the plan. And may be provided by State and tribal governments and entities in the private sector in cash or in-kind. Deposits into indemnification fund. The non- Federal share of amounts in the indemnification fund under subsection (e) provided by each State or tribal government or entity in the private sector shall be zero with respect to the initial deposit into the fund. And determined on a case-by-case basis for each project carried out under the plan. Indemnification Fund. Establishment. The Secretary, in consultation with the advisory committee, shall establish a fund, to be known as the "indemnification fund", consisting of such amounts as are initially deposited into the fund by the Secretary under subsection (g)(1). And such amounts as are deposited into the fund by the Secretary, State and tribal governments, and entities in the private sector for specific activities under the plan. Uses. The Secretary shall use amounts in the indemnification fund only to compensate aquatic farmers the entire inventory of livestock or agricultural products of which is eradicated as a result of a disease control or eradication measure carried out under the plan. Or for the cost of disinfecting and cleaning products or equipment in response to a depopulation order carried out under the plan. Unused amounts. Amounts remaining in the indemnification fund on September 30 of the fiscal year for which the amounts were appropriated shall remain in the fund. May be used in any subsequent fiscal year in accordance with paragraph (2). And shall not be reprogrammed by the Secretary for any other use. Review. Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the advisory committee, shall review, and submit to Congress a report regarding activities carried out under the plan during the preceding 2 years, activities carried out by the advisory committee. And recommendations for funding for subsequent fiscal years to carry out this section. Authorization of Appropriations. There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2008 and 2009, of which not less than 50 percent shall be deposited into the indemnification fund established under subsection (e) for use in accordance with that subsection. And not more than 50 percent shall be used for the costs of carrying out the plan, including the costs of administration of the plan, implementation of the plan, training and laboratory testing, cleaning and disinfection associated with depopulation orders, and public education and outreach activities.

National Aquatic Animal Health Act of 2007 - Directs the Secretary of Agriculture to: (1) establish the General Advisory Committee for Oversight of National Aquatic Animal Health which shall make recommendations regarding the national aquatic animal health plan. And (2) establish an indemnification fund to compensate aquatic farmers for livestock or agricultural products lost in disease control measures or for related equipment disinfecting costs.

A bill to require the Secretary of Agriculture to establish an advisory committee to develop recommendations regarding the national aquatic animal health plan developed by the National Aquatic Animal Health Task Force, and for other purposes.

108_hr3980

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Windstorm Impact Reduction Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hurricanes, tropical storms, tornadoes, and thunderstorms can cause significant loss of life, injury, destruction of property, and economic and social disruption. All States and regions are vulnerable to these hazards. (2) The United States currently sustains several billion dollars in economic damages each year due to these windstorms. In recent decades, rapid development and population growth in high-risk areas has greatly increased overall vulnerability to windstorms. (3) Improved windstorm impact reduction measures have the potential to reduce these losses through-- (A) cost-effective and affordable design and construction methods and practices; (B) effective mitigation programs at the local, State, and national level; (C) improved data collection and analysis and impact prediction methodologies; (D) engineering research on improving new structures and retrofitting existing ones to better withstand windstorms, atmospheric-related research to better understand the behavior and impact of windstorms on the built environment, and subsequent application of those research results; and (E) public education and outreach. (4) There is an appropriate role for the Federal Government in supporting windstorm impact reduction. An effective Federal program in windstorm impact reduction will require interagency coordination, and input from individuals, academia, the private sector, and other interested non-Federal entities. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Director'' means the Director of the Office of Science and Technology Policy. (2) The term ``State'' means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (3) The term ``windstorm'' means any storm with a damaging or destructive wind component, such as a hurricane, tropical storm, tornado, or thunderstorm. SEC. 4. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. (a) Establishment.--There is established the National Windstorm Impact Reduction Program (in this Act referred to as the ``Program''). (b) Objective.--The objective of the Program is the achievement of major measurable reductions in losses of life and property from windstorms. The objective is to be achieved through a coordinated Federal effort, in cooperation with other levels of government, academia, and the private sector, aimed at improving the understanding of windstorms and their impacts and developing and encouraging implementation of cost-effective mitigation measures to reduce those impacts. (c) Interagency Working Group.--Not later than 90 days after the date of enactment of this Act, the Director shall establish an Interagency Working Group consisting of representatives of the National Science Foundation, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Federal Emergency Management Agency, and other Federal agencies as appropriate. The Director shall designate an agency to serve as Chair of the Working Group and be responsible for the planning, management, and coordination of the Program, including budget coordination. Specific agency roles and responsibilities under the Program shall be defined in the implementation plan required under subsection (e). General agency responsibilities shall include the following: (1) The National Institute of Standards and Technology shall support research and development to improve building codes and standards and practices for design and construction of buildings, structures, and lifelines. (2) The National Science Foundation shall support research in engineering and the atmospheric sciences to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. (3) The National Oceanic and Atmospheric Administration shall support atmospheric sciences research to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. (4) The Federal Emergency Management Agency shall support the development of risk assessment tools and effective mitigation techniques, windstorm-related data collection and analysis, public outreach, information dissemination, and implementation of mitigation measures consistent with the Agency's all-hazards approach. (d) Program Components.-- (1) In general.--The Program shall consist of three primary mitigation components: improved understanding of windstorms, windstorm impact assessment, and windstorm impact reduction. The components shall be implemented through activities such as data collection and analysis, risk assessment, outreach, technology transfer, and research and development. To the extent practicable, research activities authorized under this Act shall be peer-reviewed, and the components shall be designed to be complementary to, and avoid duplication of, other public and private hazard reduction efforts. (2) Understanding of windstorms.--Activities to enhance the understanding of windstorms shall include research to improve knowledge of and data collection on the impact of severe wind on buildings, structures, and infrastructure. (3) Windstorm impact assessment.--Activities to improve windstorm impact assessment shall include-- (A) development of mechanisms for collecting and inventorying information on the performance of buildings, structures, and infrastructure in windstorms and improved collection of pertinent information from sources, including the design and construction industry, insurance companies, and building officials; (B) research, development, and technology transfer to improve loss estimation and risk assessment systems; and (C) research, development, and technology transfer to improve simulation and computational modeling of windstorm impacts. (4) Windstorm impact reduction.--Activities to reduce windstorm impacts shall include-- (A) development of improved outreach and implementation mechanisms to translate existing information and research findings into cost-effective and affordable practices for design and construction professionals, and State and local officials; (B) development of cost-effective and affordable windstorm-resistant systems, structures, and materials for use in new construction and retrofit of existing construction; and (C) outreach and information dissemination related to cost-effective and affordable construction techniques, loss estimation and risk assessment methodologies, and other pertinent information regarding windstorm phenomena to Federal, State, and local officials, the construction industry, and the general public. (e) Implementation Plan.--Not later than 1 year after date of enactment of this Act, the Interagency Working Group shall develop and transmit to the Congress an implementation plan for achieving the objectives of the Program. The plan shall include-- (1) an assessment of past and current public and private efforts to reduce windstorm impacts, including a comprehensive review and analysis of windstorm mitigation activities supported by the Federal Government; (2) a description of plans for technology transfer and coordination with natural hazard mitigation activities supported by the Federal Government; (3) a statement of strategic goals and priorities for each Program component area; (4) a description of how the Program will achieve such goals, including detailed responsibilities for each agency; and (5) a description of plans for cooperation and coordination with interested public and private sector entities in each program component area. (f) Biennial Report.--The Interagency Working Group shall, on a biennial basis, and not later than 180 days after the end of the preceding 2 fiscal years, transmit a report to the Congress describing the status of the windstorm impact reduction program, including progress achieved during the preceding two fiscal years. Each such report shall include any recommendations for legislative and other action the Interagency Working Group considers necessary and appropriate. In developing the biennial report, the Interagency Working Group shall consider the recommendations of the Advisory Committee established under section 5. SEC. 5. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION. (a) Establishment.--The Director shall establish a National Advisory Committee on Windstorm Impact Reduction, consisting of not less than 11 and not more than 15 non-Federal members representing a broad cross section of interests such as the research, technology transfer, design and construction, and financial communities; materials and systems suppliers; State, county, and local governments; the insurance industry; and other representatives as designated by the Director. (b) Assessment.--The Advisory Committee shall assess-- (1) trends and developments in the science and engineering of windstorm impact reduction; (2) the effectiveness of the Program in carrying out the activities under section 4(d); (3) the need to revise the Program; and (4) the management, coordination, implementation, and activities of the Program. (c) Biennial Report.--At least once every two years, the Advisory Committee shall report to Congress and the Interagency Working Group on the assessment carried out under subsection (b). (d) Sunset Exemption.--Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee established under this section. SEC. 6. SAVINGS CLAUSE. Nothing in this Act supersedes any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974. No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act shall be required for a home certified under section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415), pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Federal Emergency Management Agency.--There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this Act-- (1) $8,700,000 for fiscal year 2006; and (2) $9,400,000 for fiscal year 2007. (b) National Science Foundation.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Science Foundation for carrying out this Act-- (1) $8,700,000 for fiscal year 2006; and (2) $9,400,000 for fiscal year 2007. (c) 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) $3,000,000 for fiscal year 2006; and (2) $4,000,000 for fiscal year 2007. (d) National Oceanic and Atmospheric Administration.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this Act-- (1) $2,100,000 for fiscal year 2006; and (2) $2,200,000 for fiscal year 2007. SEC. 8. BIENNIAL REPORT. Section 37(a) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d(a)) is amended by striking ``By January 30, 1982, and biennially thereafter'' and inserting ``By January 30 of each odd- numbered year''. Passed the House of Representatives July 7, 2004. Attest: JEFF TRANDAHL, Clerk.

National Windstorm Impact Reduction Act of 2004 - Establishes the National Windstorm Impact Reduction Program, the objective of which is to achieve major measurable reductions in losses of life and property from windstorms. Requires the Director of the Office of Science and Technology Policy to establish an Interagency Working Group consisting of representatives of the National Science Foundation (NSF), the National Oceanic and Atmospheric Administration (NOAA), the National Institute of Standards and Technology (NIST), the Federal Emergency Management Agency (FEMA), and other Federal agencies as appropriate. Outlines general agency responsibilities. Requires the Program to consist of the following primary mitigation components: (1) improved understanding of windstorms, (2) windstorm impact assessment. And (3) windstorm impact reduction, which shall be implemented through activities such as data collection and analysis and research and development. Requires research activities authorized under this Act to be peer-reviewed and the components to be designed to be complementary to, and avoid duplication of, other hazard reduction efforts. Requires the Working Group to: (1) develop an implementation plan for achieving Program objectives. And (2) transmit biennial reports on the status of the Program. Requires the Director to establish a National Advisory Committee on Windstorm Impact Reduction to assess: (1) trends and developments in the science and engineering of windstorm impact reduction. (2) the effectiveness of the Program in carrying out the Program components, (3) revising the Program. And (4) implementation and management of the Program. Requires the Advisory Committee to report biennially on such assessment. Prohibits anything in this Act from superseding any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974. Bars any design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act from being required for a home certified under the Act pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. Authorizes appropriations for FY 2006 and 2007 for: (1) FEMA, (2) NSF, (3) NIST. And (4) NOAA. Changes, from January 30 of even-numbered years to January 30 of odd-numbered years, the due date for the NSF biennial report required under the Science and Engineering Equal Opportunities Act.

To establish a National Windstorm Impact Reduction Program.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Windstorm Impact Reduction Act of 2004". <SECTION-HEADER> FINDINGS. The Congress finds the following: Hurricanes, tropical storms, tornadoes, and thunderstorms can cause significant loss of life, injury, destruction of property, and economic and social disruption. All States and regions are vulnerable to these hazards. The United States currently sustains several billion dollars in economic damages each year due to these windstorms. In recent decades, rapid development and population growth in high-risk areas has greatly increased overall vulnerability to windstorms. Improved windstorm impact reduction measures have the potential to reduce these losses through cost-effective and affordable design and construction methods and practices, effective mitigation programs at the local, State, and national level, improved data collection and analysis and impact prediction methodologies. Engineering research on improving new structures and retrofitting existing ones to better withstand windstorms, atmospheric-related research to better understand the behavior and impact of windstorms on the built environment, and subsequent application of those research results. And public education and outreach. There is an appropriate role for the Federal Government in supporting windstorm impact reduction. An effective Federal program in windstorm impact reduction will require interagency coordination, and input from individuals, academia, the private sector, and other interested non-Federal entities. <SECTION-HEADER> DEFINITIONS. In this Act: The term "Director" means the Director of the Office of Science and Technology Policy. The term "State" means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. The term "windstorm" means any storm with a damaging or destructive wind component, such as a hurricane, tropical storm, tornado, or thunderstorm. <SECTION-HEADER> NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. Establishment. There is established the National Windstorm Impact Reduction Program . Objective. The objective of the Program is the achievement of major measurable reductions in losses of life and property from windstorms. The objective is to be achieved through a coordinated Federal effort, in cooperation with other levels of government, academia, and the private sector, aimed at improving the understanding of windstorms and their impacts and developing and encouraging implementation of cost-effective mitigation measures to reduce those impacts. Interagency Working Group. Not later than 90 days after the date of enactment of this Act, the Director shall establish an Interagency Working Group consisting of representatives of the National Science Foundation, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Federal Emergency Management Agency, and other Federal agencies as appropriate. The Director shall designate an agency to serve as Chair of the Working Group and be responsible for the planning, management, and coordination of the Program, including budget coordination. Specific agency roles and responsibilities under the Program shall be defined in the implementation plan required under subsection (e). General agency responsibilities shall include the following: The National Institute of Standards and Technology shall support research and development to improve building codes and standards and practices for design and construction of buildings, structures, and lifelines. The National Science Foundation shall support research in engineering and the atmospheric sciences to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. The National Oceanic and Atmospheric Administration shall support atmospheric sciences research to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. The Federal Emergency Management Agency shall support the development of risk assessment tools and effective mitigation techniques, windstorm-related data collection and analysis, public outreach, information dissemination, and implementation of mitigation measures consistent with the Agency's all-hazards approach. Program Components. In general. The Program shall consist of three primary mitigation components: improved understanding of windstorms, windstorm impact assessment, and windstorm impact reduction. The components shall be implemented through activities such as data collection and analysis, risk assessment, outreach, technology transfer, and research and development. To the extent practicable, research activities authorized under this Act shall be peer-reviewed, and the components shall be designed to be complementary to, and avoid duplication of, other public and private hazard reduction efforts. Understanding of windstorms. Activities to enhance the understanding of windstorms shall include research to improve knowledge of and data collection on the impact of severe wind on buildings, structures, and infrastructure. Windstorm impact assessment. Activities to improve windstorm impact assessment shall include development of mechanisms for collecting and inventorying information on the performance of buildings, structures, and infrastructure in windstorms and improved collection of pertinent information from sources, including the design and construction industry, insurance companies, and building officials. Research, development, and technology transfer to improve loss estimation and risk assessment systems. And research, development, and technology transfer to improve simulation and computational modeling of windstorm impacts. Windstorm impact reduction. Activities to reduce windstorm impacts shall include development of improved outreach and implementation mechanisms to translate existing information and research findings into cost-effective and affordable practices for design and construction professionals, and State and local officials. Development of cost-effective and affordable windstorm-resistant systems, structures, and materials for use in new construction and retrofit of existing construction. And outreach and information dissemination related to cost-effective and affordable construction techniques, loss estimation and risk assessment methodologies, and other pertinent information regarding windstorm phenomena to Federal, State, and local officials, the construction industry, and the general public. Implementation Plan. Not later than 1 year after date of enactment of this Act, the Interagency Working Group shall develop and transmit to the Congress an implementation plan for achieving the objectives of the Program. The plan shall include an assessment of past and current public and private efforts to reduce windstorm impacts, including a comprehensive review and analysis of windstorm mitigation activities supported by the Federal Government. A description of plans for technology transfer and coordination with natural hazard mitigation activities supported by the Federal Government. A statement of strategic goals and priorities for each Program component area. A description of how the Program will achieve such goals, including detailed responsibilities for each agency. And a description of plans for cooperation and coordination with interested public and private sector entities in each program component area. Biennial Report. The Interagency Working Group shall, on a biennial basis, and not later than 180 days after the end of the preceding 2 fiscal years, transmit a report to the Congress describing the status of the windstorm impact reduction program, including progress achieved during the preceding two fiscal years. Each such report shall include any recommendations for legislative and other action the Interagency Working Group considers necessary and appropriate. In developing the biennial report, the Interagency Working Group shall consider the recommendations of the Advisory Committee established under section 5. <SECTION-HEADER> NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION. Establishment. The Director shall establish a National Advisory Committee on Windstorm Impact Reduction, consisting of not less than 11 and not more than 15 non-Federal members representing a broad cross section of interests such as the research, technology transfer, design and construction, and financial communities, materials and systems suppliers, State, county, and local governments, the insurance industry. And other representatives as designated by the Director. Assessment. The Advisory Committee shall assess trends and developments in the science and engineering of windstorm impact reduction. The effectiveness of the Program in carrying out the activities under section 4(d), the need to revise the Program. And the management, coordination, implementation, and activities of the Program. Biennial Report. At least once every two years, the Advisory Committee shall report to Congress and the Interagency Working Group on the assessment carried out under subsection (b). Sunset Exemption. Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee established under this section. <SECTION-HEADER> SAVINGS CLAUSE. Nothing in this Act supersedes any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974. No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act shall be required for a home certified under section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 , pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. Federal Emergency Management Agency. There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this Act $8,700,000 for fiscal year 2006. And $9,400,000 for fiscal year 2007. National Science Foundation. From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Science Foundation for carrying out this Act $8,700,000 for fiscal year 2006. And $9,400,000 for fiscal year 2007. 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 $3,000,000 for fiscal year 2006. And $4,000,000 for fiscal year 2007. National Oceanic and Atmospheric Administration. From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this Act $2,100,000 for fiscal year 2006. And $2,200,000 for fiscal year 2007. <SECTION-HEADER> BIENNIAL REPORT. Section 37(a) of the Science and Engineering Equal Opportunities Act (42 USC. 1885d(a)) is amended by striking "By January 30, 1982, and biennially thereafter" and inserting "By January 30 of each odd- numbered year". Passed the House of Representatives July 7, 2004. Attest: JEFF TRANDAHL, Clerk.

National Windstorm Impact Reduction Act of 2004 - Establishes the National Windstorm Impact Reduction Program, the objective of which is to achieve major measurable reductions in losses of life and property from windstorms. Requires the Director of the Office of Science and Technology Policy to establish an Interagency Working Group consisting of representatives of the National Science Foundation (NSF), the National Oceanic and Atmospheric Administration (NOAA), the National Institute of Standards and Technology (NIST), the Federal Emergency Management Agency (FEMA), and other Federal agencies as appropriate. Outlines general agency responsibilities. Requires the Program to consist of the following primary mitigation components: (1) improved understanding of windstorms, (2) windstorm impact assessment. And (3) windstorm impact reduction, which shall be implemented through activities such as data collection and analysis and research and development. Requires research activities authorized under this Act to be peer-reviewed and the components to be designed to be complementary to, and avoid duplication of, other hazard reduction efforts. Requires the Working Group to: (1) develop an implementation plan for achieving Program objectives. And (2) transmit biennial reports on the status of the Program. Requires the Director to establish a National Advisory Committee on Windstorm Impact Reduction to assess: (1) trends and developments in the science and engineering of windstorm impact reduction. (2) the effectiveness of the Program in carrying out the Program components, (3) revising the Program. And (4) implementation and management of the Program. Requires the Advisory Committee to report biennially on such assessment. Prohibits anything in this Act from superseding any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974. Bars any design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act from being required for a home certified under the Act pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. Authorizes appropriations for FY 2006 and 2007 for: (1) FEMA, (2) NSF, (3) NIST. And (4) NOAA. Changes, from January 30 of even-numbered years to January 30 of odd-numbered years, the due date for the NSF biennial report required under the Science and Engineering Equal Opportunities Act.

To establish a National Windstorm Impact Reduction Program.

111_hr5608

SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Oil Spill Response Plan Act of 2010''. SEC. 2. WORST CASE DISCHARGES. Section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is amended by adding at the end the following: ``(5) Worst case discharges.--Not later than 180 days after the date of enactment of this paragraph, and every 5 years thereafter, the President shall publish and provide to each Area Committee established under subsection (j)(4) an estimate of the worst case discharges, including subsurface discharges, that are possible in each area described in an Area Contingency Plan under subsection (j)(4)(C)(ii), based on the oil and gas exploration, development, and production activities that are being conducted or are planned to be conducted at various locations and depths in each area.''. SEC. 3. REVISION OF NATIONAL CONTINGENCY PLAN. (a) In General.--Not later than 270 days after the date of enactment of this Act, the President shall revise the National Contingency Plan prepared under section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) and, as necessary, the regulations required under section 311(j) of such Act (33 U.S.C. 1321(j)). Such revisions shall take into account the following: (1) The adequacy of the National Contingency Plan in place at the time of the explosion involving the mobile offshore drilling unit Deepwater Horizon to respond to the volume, source, and duration of the discharge caused by that explosion. (2) Any findings and options related to the National Contingency Plan made by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established by the President by Executive Order 13543 (75 Fed. Reg. 29397). (3) The estimate of the worst case discharges published under section 311(d)(5) of such Act (as added by section 2 of this Act). (b) Revisions and Amendments.--Section 311(d)(3) of such Act (33 U.S.C. 1321(d)(3)) is amended to read as follows: ``(3) Revisions and amendments.--The President-- ``(A) shall revise or otherwise amend the National Contingency Plan whenever the estimate of the worst case discharges published under paragraph (5) materially changes; and ``(B) may, as the President deems advisable, revise or otherwise amend the National Contingency Plan at any time.''. SEC. 4. REVISION OF AREA CONTINENCY PLANS. (a) Updating of Worst Case Discharge.--Section 311(j)(4)(C)(i) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)(C)(i)) is amended to read as follows: ``(i) when implemented in conjunction with the National Contingency Plan, be adequate to mitigate or remove a worst case discharge, as estimated under subsection (d)(5), and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near the area;''. (b) Area Contingency Plan Revision.--Not later than 18 months after the date of enactment of this Act, each Area Committee shall revise its Area Contingency Plan established under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) and submit such revisions to the President for review. Such revisions shall take into account: (1) The adequacy of the Area Contingency Plan in place at the time of the explosion involving the mobile offshore drilling unit Deepwater Horizon to respond to the volume, source, and duration of the discharge caused by that explosion. (2) Revisions made to the National Contingency Plan pursuant to section 3 of this Act. (3) Any findings and options related to the National Contingency Plan made by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established by the President by Executive Order 13543 (75 Fed. Reg. 29397). (4) The estimate of the worst case discharges provided to the Area Committee by the President under section 311(d)(5) of such Act (as added by section 2 of this Act). (c) Presidential Review.--Not later than 180 days after the date on which an Area Contingency Plan is submitted to the President under subsection (b), the President shall-- (1) review the plan; (2) require amendments to the plan if the plan does not meet the requirements of section 311(j)(4) of such Act (33 U.S.C. 1321(j)(4)); and (3) approve the plan if the plan meets the requirements of that section. (d) Consistency With National Contingency Plan Dispersant Schedule.--Section 311(j)(4)(C)(iv) of such Act (33 U.S.C. 1321(j)(4)(C)(iv)) is amended by inserting after ``dispersants or other mitigating substances and devices'' the following: ``(consistent with the schedule prepared under subsection (d)(2)(G))''. (e) Periodic Revision of Area Contingency Plan.--Section 311(j)(4)(C)(viii) of such Act (33 U.S.C. 1321(j)(4)(C)(viii)) is amended to read as follows: ``(viii) be updated periodically by the Area Committee, including at any time that the estimate of the worst case discharges published under section 311(d)(5) is materially changed for the area or the National Contingency Plan is materially revised.''. SEC. 5. TANK VESSEL, NONTANK VESSEL, AND FACILITY RESPONSE PLANS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the President shall revise the regulations issued under section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)) to ensure that each response plan required under that section-- (1) is based on a realistic assessment of worst case discharge scenarios, drawing from the estimate of the worst case discharges provided under section 311(d)(5) of such Act (as added by section 2 of this Act), for each tank vessel, nontank vessel, or facility, including a deep subsurface wellhead discharge associated with such tank vessel, nontank vessel, or facility; (2) is based on an accurate assessment of the physical and ecological characteristics of the area in which the vessel, nontank vessel, or facility is operating, drawing from the portion of the Area Contingency Plan prepared under section 311(j)(4)(C)(ii) of such Act (33 U.S.C. 1321(j)(4)(C)(ii)) that describes the area; (3) includes a demonstration and supporting certification by the owner or operator of a tank vessel, nontank vessel, or facility of such owner's or operator's capacity to fully implement the plan; and (4) meets such other requirements as the President may prescribe. (b) Approval of Response Plan Required.-- (1) In general.--Section 311(j)(5) of such Act (33 U.S.C. 1321(j)(5)) is amended-- (A) by striking subparagraph (G); and (B) by redesignating subparagraphs (H) and (I) as subparagraphs (G) and (H), respectively. (2) Applicability.--The amendment made under paragraph (1)(A) shall not be construed to affect any waiver issued under section 311(j)(5)(G) of such Act (33 U.S.C. 1321(j)(5)(G)) before the date of enactment of this Act. (c) Capacity To Implement Response Plans.--Section 311(j)(6) of such Act (33 U.S.C. 1321(j)(6)) is amended to read as follows: ``(6) Capacity to implement response plans.-- ``(A) Equipment requirements and inspection.--The President may require-- ``(i) periodic inspection of containment booms, skimmers, vessels, and other major equipment used to mitigate or remove discharges; and ``(ii) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo, and nontank vessels carrying oil of any kind as fuel for main propulsion, to carry appropriate removal equipment that employs the best technology economically feasible and that is compatible with the safe operation of the vessel. ``(B) Demonstration of capacity to respond.--The President shall require the owner or operator of a vessel or facility required to submit a response plan under this subsection to demonstrate, not less frequently than once each year, that such owner or operator has the capacity, including the necessary equipment, personnel, or logistical capacity, to implement the response plan. ``(C) Effect of failure to demonstrate capacity to respond.--If the President determines that an owner or operator of a vessel or facility has failed to demonstrate the capacity to implement the response plan, and such owner or operator does not remedy such failure within such reasonable time period as the President may prescribe, the President shall revoke the approval of the response plan required under paragraph (5). ``(D) Regulations.--Not later than 180 days after the date of enactment of the Better Oil Spill Response Plan Act of 2010, the President shall issue regulations to implement subparagraphs (B) and (C).''. SEC. 6. SAFE DISPERSANTS. (a) Approval of Dispersants, Other Chemicals, and Other Spill Mitigating Devices and Substances.--Section 311(d)(2)(G) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)(2)(G)) is amended to read as follows: ``(G) A schedule, prepared in cooperation with the States, identifying-- ``(i) dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the Plan, using criteria for the evaluation of safety and efficacy of the dispersants, other chemicals, and other spill mitigating devices and substances, ensuring that-- ``(I) in selecting dispersants, other chemicals, and other spill mitigating substances to place on the schedule, the President shall require a manufacturer of a dispersant, other chemical, or other spill mitigating substance to submit data on such dispersant, other chemical, or other spill mitigating substance, prepared by a laboratory approved by the President, regarding-- ``(aa) efficacy on particular types of oil; ``(bb) safety for known and reasonably anticipated uses; ``(cc) the chronic effects of sustained use on marine, coastal, estuarine, and freshwater environments; ``(dd) the effects on selected aquatic species that represent life at various ocean depths, including effects on benthic-dwelling organisms and coral reefs; ``(ee) the effects on marine life resulting from subsurface application; ``(ff) the effects on early life stages of aquatic organisms, including eggs and larvae; ``(gg) a list of all constituent ingredients; and ``(hh) material safety data sheets that describe the potential acute health impacts on humans who are involved in application activities and who may reasonably be exposed during such activities; ``(II) in selecting dispersants, other chemicals, and other spill mitigating substances to place on the schedule, the President may place restrictions on the authorized quantities and conditions of use of any such dispersant, other chemical, or other spill mitigating substance; ``(ii) the waters in which such dispersants, other chemicals, and other spill mitigating devices and substances may be used safely; and ``(iii) the quantities of such dispersants, other chemicals, or other spill mitigating devices and substances which can be used safely in such waters, which schedule shall provide in the case of any dispersant, other chemical, other spill mitigating device or substance, or waters not specifically identified in such schedule that the President, or his designee, may, on a case-by-case basis, identify the dispersants, other chemicals, and other spill mitigating devices and substances which may be used, the waters in which they may be used, and the quantities in which they can be used safely in such waters.''. (b) Disclosure of Chemical Constituents.--The President shall not place a dispersant, other chemical, or other spill mitigating substance on the schedule prepared under section 311(d)(2)(G) of such Act (33 U.S.C. 1321(d)(2)(G)) unless the President receives assurances satisfactory to the President that the manufacturer of such dispersant, other chemical, or other spill mitigating substance will publicly disclose, upon a declaration that a discharge is classified as a spill of national significance, the constituent ingredients of such dispersant, other chemical, or other spill mitigating substance that will be used to carry out a National Contingency Plan, Area Contingency Plan, or response plan for a tank vessel, nontank vessel, or facility in response to such discharge. SEC. 7. ENFORCEMENT OF OIL SPILL RESPONSE PLANS FOR OFFSHORE FACILITIES. Section 5(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(5)(a)) is amended as follows: (1) In paragraph (7) by striking ``; and'' and inserting a semicolon. (2) In paragraph (8) by striking the period and inserting ``; and''. (3) By adding at the end the following: ``(9) requiring compliance with the response plan requirements of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).''.

Better Oil Spill Response Plan Act of 2010 - Amends the Federal Water Pollution Control Act to require the President, every five years, to publish and provide to each Area Committee an estimate of the worst case discharges that are possible in each area described in an Area Contingency Plan based on the oil and gas exploration, development, and production activities that are planned or being conducted at various locations and depths in each area. Requires the President to revise the National Contingency Plan and the regulations concerning the National Response System to take into account: (1) the adequacy of the Plan to respond to the volume, source, and duration of the discharge caused by the explosion involving the mobile offshore drilling unit Deepwater Horizon. (2) any findings and options related to the Plan made by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. And (3) the estimate of the worst case discharges. Requires the President to revise the Plan whenever the estimate of the worst case discharges materially changes. Requires Area Contingency Plans to be adequate to mitigate or remove a worst case discharge. Sets forth provisions concerning revision and presidential review of: (1) Area Contingency Plans. And (2) tank vessel, nontank vessel, and facility response plans to discharges of oil or hazardous substances. Repeals provisions authorizing the President to permit a vessel or facility to operate without an approved response plan if the owner or operator certifies the availability of private personnel and equipment to respond to a worst case discharge or substantial threat of such a discharge. Directs the President to require owners or operators of vessels or facilities that are required to submit response plans to demonstrate annually their capacity to implement such plans. Requires a dispersant schedule prepared under the National Contingency Plan to include specified information regarding the safety and efficacy of the dispersants, other chemicals, and other spill mitigating devices and substances. Prohibits the President from placing such a substance on such schedule unless the President receives satisfactory assurances that the manufacturer will publicly disclose the ingredients of any such substance that will be used to carry out a National Contingency Plan, Area Contingency Plan, or vessel or facility response plan in response to a discharge declared to be a spill of national significance. Amends the Outer Continental Shelf Lands Act to require compliance with the Clean Water Act's response plan requirements.

To amend the Federal Water Pollution Control Act and the Outer Continental Shelf Lands Act to improve oil spill response plans, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Better Oil Spill Response Plan Act of 2010". <SECTION-HEADER> WORST CASE DISCHARGES. Section 311(d) of the Federal Water Pollution Control Act (33 USC. 1321(d)) is amended by adding at the end the following: Worst case discharges. Not later than 180 days after the date of enactment of this paragraph, and every 5 years thereafter, the President shall publish and provide to each Area Committee established under subsection (j)(4) an estimate of the worst case discharges, including subsurface discharges, that are possible in each area described in an Area Contingency Plan under subsection (j)(4)(C)(ii), based on the oil and gas exploration, development, and production activities that are being conducted or are planned to be conducted at various locations and depths in each area.". <SECTION-HEADER> REVISION OF NATIONAL CONTINGENCY PLAN. In General. Not later than 270 days after the date of enactment of this Act, the President shall revise the National Contingency Plan prepared under section 311(d) of the Federal Water Pollution Control Act (33 USC. 1321(d)) and, as necessary, the regulations required under section 311(j) of such Act (33 USC. 1321(j)). Such revisions shall take into account the following: The adequacy of the National Contingency Plan in place at the time of the explosion involving the mobile offshore drilling unit Deepwater Horizon to respond to the volume, source, and duration of the discharge caused by that explosion. Any findings and options related to the National Contingency Plan made by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established by the President by Executive Order 13543 . The estimate of the worst case discharges published under section 311(d)(5) of such Act . Revisions and Amendments. Section 311(d)(3) of such Act (33 USC. 1321(d)(3)) is amended to read as follows: Revisions and amendments. The President shall revise or otherwise amend the National Contingency Plan whenever the estimate of the worst case discharges published under paragraph (5) materially changes. And may, as the President deems advisable, revise or otherwise amend the National Contingency Plan at any time.". <SECTION-HEADER> REVISION OF AREA CONTINENCY PLANS. Updating of Worst Case Discharge. Section 311(j)(4)(C)(i) of the Federal Water Pollution Control Act (33 USC. 1321(j)(4)(C)(i)) is amended to read as follows: when implemented in conjunction with the National Contingency Plan, be adequate to mitigate or remove a worst case discharge, as estimated under subsection (d)(5), and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near the area. ". Area Contingency Plan Revision. Not later than 18 months after the date of enactment of this Act, each Area Committee shall revise its Area Contingency Plan established under section 311(j) of the Federal Water Pollution Control Act (33 USC. 1321(j)) and submit such revisions to the President for review. Such revisions shall take into account: The adequacy of the Area Contingency Plan in place at the time of the explosion involving the mobile offshore drilling unit Deepwater Horizon to respond to the volume, source, and duration of the discharge caused by that explosion. Revisions made to the National Contingency Plan pursuant to section 3 of this Act. Any findings and options related to the National Contingency Plan made by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established by the President by Executive Order 13543 . The estimate of the worst case discharges provided to the Area Committee by the President under section 311(d)(5) of such Act . Presidential Review. Not later than 180 days after the date on which an Area Contingency Plan is submitted to the President under subsection (b), the President shall review the plan. Require amendments to the plan if the plan does not meet the requirements of section 311(j)(4) of such Act (33 USC. 1321(j)(4)). And approve the plan if the plan meets the requirements of that section. Consistency With National Contingency Plan Dispersant Schedule. Section 311(j)(4)(C)(iv) of such Act (33 USC. 1321(j)(4)(C)(iv)) is amended by inserting after "dispersants or other mitigating substances and devices" the following: "(consistent with the schedule prepared under subsection (d)(2)(G))". Periodic Revision of Area Contingency Plan. Section 311(j)(4)(C)(viii) of such Act (33 USC. 1321(j)(4)(C)(viii)) is amended to read as follows: be updated periodically by the Area Committee, including at any time that the estimate of the worst case discharges published under section 311(d)(5) is materially changed for the area or the National Contingency Plan is materially revised.". <SECTION-HEADER> TANK VESSEL, NONTANK VESSEL, AND FACILITY RESPONSE PLANS. In General. Not later than 180 days after the date of enactment of this Act, the President shall revise the regulations issued under section 311(j)(5) of the Federal Water Pollution Control Act (33 USC. 1321(j)(5)) to ensure that each response plan required under that section is based on a realistic assessment of worst case discharge scenarios, drawing from the estimate of the worst case discharges provided under section 311(d)(5) of such Act , for each tank vessel, nontank vessel, or facility, including a deep subsurface wellhead discharge associated with such tank vessel, nontank vessel, or facility. Is based on an accurate assessment of the physical and ecological characteristics of the area in which the vessel, nontank vessel, or facility is operating, drawing from the portion of the Area Contingency Plan prepared under section 311(j)(4)(C)(ii) of such Act (33 USC. 1321(j)(4)(C)(ii)) that describes the area. Includes a demonstration and supporting certification by the owner or operator of a tank vessel, nontank vessel, or facility of such owner's or operator's capacity to fully implement the plan. And meets such other requirements as the President may prescribe. Approval of Response Plan Required. In general. Section 311(j)(5) of such Act (33 USC. 1321(j)(5)) is amended by striking subparagraph (G). And by redesignating subparagraphs (H) and (I) as subparagraphs (G) and (H), respectively. Applicability. The amendment made under paragraph (A) shall not be construed to affect any waiver issued under section 311(j)(5)(G) of such Act (33 USC. 1321(j)(5)(G)) before the date of enactment of this Act. Capacity To Implement Response Plans. Section 311(j)(6) of such Act (33 USC. 1321(j)(6)) is amended to read as follows: Capacity to implement response plans. Equipment requirements and inspection. The President may require periodic inspection of containment booms, skimmers, vessels, and other major equipment used to mitigate or remove discharges. And vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo, and nontank vessels carrying oil of any kind as fuel for main propulsion, to carry appropriate removal equipment that employs the best technology economically feasible and that is compatible with the safe operation of the vessel. Demonstration of capacity to respond. The President shall require the owner or operator of a vessel or facility required to submit a response plan under this subsection to demonstrate, not less frequently than once each year, that such owner or operator has the capacity, including the necessary equipment, personnel, or logistical capacity, to implement the response plan. Effect of failure to demonstrate capacity to respond. If the President determines that an owner or operator of a vessel or facility has failed to demonstrate the capacity to implement the response plan, and such owner or operator does not remedy such failure within such reasonable time period as the President may prescribe, the President shall revoke the approval of the response plan required under paragraph . Regulations. Not later than 180 days after the date of enactment of the Better Oil Spill Response Plan Act of 2010, the President shall issue regulations to implement subparagraphs (B) and (C).". <SECTION-HEADER> SAFE DISPERSANTS. Approval of Dispersants, Other Chemicals, and Other Spill Mitigating Devices and Substances. Section 311(d)(2)(G) of the Federal Water Pollution Control Act (33 USC. 1321(d)(2)(G)) is amended to read as follows: A schedule, prepared in cooperation with the States, identifying dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the Plan, using criteria for the evaluation of safety and efficacy of the dispersants, other chemicals, and other spill mitigating devices and substances, ensuring that in selecting dispersants, other chemicals, and other spill mitigating substances to place on the schedule, the President shall require a manufacturer of a dispersant, other chemical, or other spill mitigating substance to submit data on such dispersant, other chemical, or other spill mitigating substance, prepared by a laboratory approved by the President, regarding efficacy on particular types of oil, safety for known and reasonably anticipated uses. The chronic effects of sustained use on marine, coastal, estuarine, and freshwater environments. The effects on selected aquatic species that represent life at various ocean depths, including effects on benthic-dwelling organisms and coral reefs, the effects on marine life resulting from subsurface application. The effects on early life stages of aquatic organisms, including eggs and larvae, a list of all constituent ingredients. And material safety data sheets that describe the potential acute health impacts on humans who are involved in application activities and who may reasonably be exposed during such activities. In selecting dispersants, other chemicals, and other spill mitigating substances to place on the schedule, the President may place restrictions on the authorized quantities and conditions of use of any such dispersant, other chemical, or other spill mitigating substance. The waters in which such dispersants, other chemicals, and other spill mitigating devices and substances may be used safely. And the quantities of such dispersants, other chemicals, or other spill mitigating devices and substances which can be used safely in such waters, which schedule shall provide in the case of any dispersant, other chemical, other spill mitigating device or substance, or waters not specifically identified in such schedule that the President, or his designee, may, on a case-by-case basis, identify the dispersants, other chemicals, and other spill mitigating devices and substances which may be used, the waters in which they may be used, and the quantities in which they can be used safely in such waters.". Disclosure of Chemical Constituents. The President shall not place a dispersant, other chemical, or other spill mitigating substance on the schedule prepared under section 311(d)(2)(G) of such Act (33 USC. 1321(d)(2)(G)) unless the President receives assurances satisfactory to the President that the manufacturer of such dispersant, other chemical, or other spill mitigating substance will publicly disclose, upon a declaration that a discharge is classified as a spill of national significance, the constituent ingredients of such dispersant, other chemical, or other spill mitigating substance that will be used to carry out a National Contingency Plan, Area Contingency Plan, or response plan for a tank vessel, nontank vessel, or facility in response to such discharge. <SECTION-HEADER> ENFORCEMENT OF OIL SPILL RESPONSE PLANS FOR OFFSHORE FACILITIES. Section 5(a) of the Outer Continental Shelf Lands Act (43 USC. 1334(5)(a)) is amended as follows: In paragraph (7) by striking ". And" and inserting a semicolon. In paragraph (8) by striking the period and inserting ". And". By adding at the end the following: requiring compliance with the response plan requirements of section 311(j) of the Federal Water Pollution Control Act (33 USC. 1321(j)).".

Better Oil Spill Response Plan Act of 2010 - Amends the Federal Water Pollution Control Act to require the President, every five years, to publish and provide to each Area Committee an estimate of the worst case discharges that are possible in each area described in an Area Contingency Plan based on the oil and gas exploration, development, and production activities that are planned or being conducted at various locations and depths in each area. Requires the President to revise the National Contingency Plan and the regulations concerning the National Response System to take into account: (1) the adequacy of the Plan to respond to the volume, source, and duration of the discharge caused by the explosion involving the mobile offshore drilling unit Deepwater Horizon. (2) any findings and options related to the Plan made by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. And (3) the estimate of the worst case discharges. Requires the President to revise the Plan whenever the estimate of the worst case discharges materially changes. Requires Area Contingency Plans to be adequate to mitigate or remove a worst case discharge. Sets forth provisions concerning revision and presidential review of: (1) Area Contingency Plans. And (2) tank vessel, nontank vessel, and facility response plans to discharges of oil or hazardous substances. Repeals provisions authorizing the President to permit a vessel or facility to operate without an approved response plan if the owner or operator certifies the availability of private personnel and equipment to respond to a worst case discharge or substantial threat of such a discharge. Directs the President to require owners or operators of vessels or facilities that are required to submit response plans to demonstrate annually their capacity to implement such plans. Requires a dispersant schedule prepared under the National Contingency Plan to include specified information regarding the safety and efficacy of the dispersants, other chemicals, and other spill mitigating devices and substances. Prohibits the President from placing such a substance on such schedule unless the President receives satisfactory assurances that the manufacturer will publicly disclose the ingredients of any such substance that will be used to carry out a National Contingency Plan, Area Contingency Plan, or vessel or facility response plan in response to a discharge declared to be a spill of national significance. Amends the Outer Continental Shelf Lands Act to require compliance with the Clean Water Act's response plan requirements.

To amend the Federal Water Pollution Control Act and the Outer Continental Shelf Lands Act to improve oil spill response plans, and for other purposes.

105_hr3212

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Court of Veterans Appeals Act of 1998''. (b) References to Title 38, United States Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. TITLE I--ADMINISTRATIVE PROVISIONS RELATING TO THE COURT SEC. 101. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS. Section 7254 is amended by adding at the end the following new subsection: ``(f) The Court may prescribe rules and regulations to carry out this chapter.''. SEC. 102. CALCULATION OF YEARS OF SERVICE AS A JUDGE. Section 7296(b) is amended by adding at the end the following new paragraph: ``(4) For purposes of calculating the years of service of an individual under this subsection and subsection (c), only those years of service as a judge of the Court shall be credited. In determining the number of years of such service, that portion of the aggregate number of years of such service that is a fractional part of one year shall be disregarded if less than 6 months and shall be credited as a full year if 6 months or more.''. SEC. 103. LIMITATION ON COST-OF-LIVING ADJUSTMENT TO RETIRED PAY. Section 7296 is amended by adding at the end the following new subsection: ``(l)(1) If a cost-of-living adjustment provided by law to be made to the retired pay payable under this section of a retired chief judge of the Court would (but for this subsection) result in the retired pay of that retired chief judge being in excess of the annual rate of pay in effect for the chief judge of the court as provided in section 7253(e)(1) of this title, such adjustment may be made only in such amount as results in the retired pay of the retired chief judge being the same as that annual rate of pay (as in effect on the effective date of such adjustment). ``(2) If a cost-of-living adjustment provided by law to be made to the retired pay payable under this section of a retired judge (other than a retired chief judge) of the Court would (but for this subsection) result in the retired pay of that retired judge being in excess of the annual rate of pay in effect for judges of the court as provided in section 7253(e)(2) of this title, such adjustment may be made only in such amount as results in the retired pay of the retired judge being the same as that annual rate of pay (as in effect on the effective date of such adjustment).''. SEC. 104. SURVIVOR ANNUITIES. (a) Election To Participate.--Subsection (b) of section 7297 is amended in the first sentence by inserting before the period the following: ``or within 6 months after the date on which the judge marries if the judge has retired under section 7296 of this title''. (b) Reduction of Contributions of Active Judges.--(1) Subsection (c) of such section is amended by striking out ``3.5 percent of the judge's pay'' and inserting in lieu thereof ``2.2 percent of the judge's salary received under section 7253(e) of this title, 3.5 percent of the judge's retired pay received under section 7296 of this title when the judge is not serving in recall status under section 7257 of this title, and 2.2 percent of the judge's retired pay received under such section 7296 when the judge is serving in recall status under such section 7257''. (2) The amendment made by paragraph (1) shall take effect on the first day of the first pay period beginning on or after January 1, 1995. (c) Interest Payments.--Subsection (d) of such section is amended-- (1) by inserting ``(1)'' after ``(d)''; and (2) by adding at the end the following new paragraph: ``(2) If a judge has previously performed a period of service as a judge, or has performed service as a judicial official (as defined under section 376(a)(1) of title 28), a Member of Congress, or a congressional employee, the interest required under the first sentence of paragraph (1) shall not be required for any period-- ``(A) during which a judge was separated from all such service; and ``(B) during which the judge was not receiving retired pay or a retirement annuity based on service as a judge or as a judicial official.''. (d) Service Eligibility.--(1) Subsection (f) of such section is amended-- (A) in the matter in paragraph (1) preceding subparagraph (A)-- (i) by striking out ``at least 5 years'' and inserting in lieu thereof ``at least 18 months''; and (ii) by striking out ``last 5 years'' and inserting in lieu thereof ``last 18 months''; and (B) by adding at the end the following new paragraph: ``(5) If a judge dies as a result of an assassination and leaves a survivor or survivors who are entitled to receive annuity benefits under this section, the matter in paragraph (1) preceding subparagraph (A) shall not apply.''. (2) Subsection (a) of such section is amended-- (A) in paragraph (2), by inserting ``who is in active service or who has retired under section 7296 of this title'' after ``Court''; (B) in paragraph (3), by striking ``7296(c)'' and inserting ``7296''; and (C) by adding at the end the following new paragraph: ``(8) The term `assassination' means the killing of a judge that is motivated by the performance by that judge of the judge's official duties.''. (e) Age Requirement of Surviving Spouse.--Subparagraph (A) of subsection (f)(1) of such section is amended by striking out ``or following the surviving spouse's attainment of the age of 50 years, whichever is later''. (f) COLA for Survivor Annuities.--Subsection (o) of such section is amended to read as follows: ``(o) Each survivor annuity payable from the retirement fund shall be increased at the same time as, and by the same percentage by which, annuities payable from the Judicial Survivors' Annuities Fund are increased pursuant to section 376(m) of title 28.''. SEC. 105. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION ORDERS. Section 7298 is amended by adding at the end the following new subsection: ``(g) For purpose of section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(b)(1)(B)), the retirement fund shall be treated in the same manner as the Court of Federal Claims Judges' Retirement Fund.''. SEC. 106. LIMITATION ON ACTIVITIES OF RETIRED JUDGES. (a) In General.--Chapter 72 is amended by adding at the end the following new section: ``Sec. 7299. Limitation on activities of retired judges ``If a retired judge of the Court (as defined in section 7257(a)(2) of this title) in the practice of law represents (or supervises or directs the representation of) a client in making any claim relating to veterans' benefits against the United States or any agency thereof, the retired judge shall forfeit all rights to retired pay under section 7296 of this title or under chapter 83 or 84 of title 5 for the period beginning on the date on which the representation begins and ending one year after the date on which the representation ends.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 72 is amended by adding at the end the following new item: ``7299. Limitation on activities of retired judges.''. TITLE II--STAGGERED RETIREMENT AND RECALL PROVISIONS SEC. 201. STAGGERED RETIREMENT. (a) Retirement Authorized.--One eligible judge each year shall be eligible to retire under this section starting in the year 1999 and ending in the year 2003. (b) Eligible Judges.-- (1) Definition of eligible judge.--For purposes of this section, an eligible judge is an individual who-- (A) is an associate judge of the United States Court of Appeals for Veterans Claims who has at least 10 years of service creditable under section 7296 of title 38, United States Code; (B) has made an election to receive retired pay under section 7296 of such title; (C) has at least 20 years of service allowable under section 7297(l) of such title; (D) is at least 55 years of age; and (E) has years of age, years of service creditable under section 7296 of such title, and years of service allowable under section 7297(l) of such title not creditable under section 7296 of such title, that total at least 80. (2) Multiple eligible judges.--In the case of a year in which more than one eligible judge provides notice in accordance with subsection (c), the judge who is eligible to retire in that year shall be the judge who has the greatest seniority as a judge of the United States Court of Appeals for Veterans Claims of the judges who provide such notice. (c) Notice.--A judge who desires to retire under subsection (d) shall provide the President and the chief judge of the United States Court of Appeals for Veterans Claims with written notice to that effect not later than April 1 of any year specified in subsection (a). Such notice shall specify the retirement date in accordance with subsection (d). Notice provided under this subsection shall be irrevocable. (d) Retirement.--A judge who is eligible to retire under subsection (a) shall retire during the fiscal year in which notice is provided pursuant to subsection (c), but not earlier than 90 days after the date on which such notice is provided. Such judge shall be deemed, for all purposes, to be retiring under section 7296(b)(1) of title 38, United States Code, except that the rate of retired pay for a judge retiring under this section shall, on the date of such judge's separation from service, be equal to the rate described in section 7296(c)(1) of such title multiplied by the percentage represented by the fraction in which the numerator is the sum of the number represented by years of service as a judge of the United States Court of Appeals for Veterans Claims creditable under section 7296 of such title and the age of such judge, and the denominator is 80. (e) Duty of Actuary.--Section 7298(e)(2) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) For purposes of subparagraph (B) of this paragraph, the term `present value' includes a value determined by an actuary with respect to a payment that may be made under subsection (b) from the retirement fund within the contemplation of law.''. SEC. 202. RECALL OF RETIRED JUDGES. (a) In General.--Chapter 72 is further amended by inserting after section 7256 the following new section: ``Sec. 7257. Recall of retired judges of the Court ``(a)(1) A retired judge of the Court may be recalled for further service on the Court in accordance with this section. To be eligible to be recalled for such service, a retired judge must provide to the chief judge of the Court notice in writing that the retired judge is available for such service and is willing to be recalled under this section. ``(2) For the purposes of this section, a retired judge is a judge of the Court of Veterans Appeals who retires from the Court under section 7296 of this title or under chapter 83 or 84 of title 5. ``(b) The chief judge may recall a retired judge upon written certification by the chief judge that substantial service is expected to be performed by the retired judge for such period as determined by the chief judge to be necessary to meet the needs of the Court. Any such recall may only be made with the agreement in writing of the retired judge. ``(c) A retired judge who is recalled under this section may exercise all of the powers and duties of the office of a judge in active service. ``(d) A retired judge who is recalled under this section shall be paid, during the period for which the judge serves in recall status, pay at the rate of pay in effect under section 7253(e) of this title for a judge performing active service, less the amount the judge is paid in retired pay under section 7296 of this title or an annuity under the applicable provisions of chapter 83 or 84 of title 5. ``(e) Except as provided in subsection (d), a judge who is recalled under this section who retired under the provisions of chapter 83 or 84 of title 5 shall be considered to be a reemployed annuitant under that chapter. ``(f) Nothing in this section may be construed to affect the right of a judge who retired under chapter 83 or 84 of title 5 to serve as a reemployed annuitant in accordance with the provisions of title 5.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 72 is amended by inserting after the item relating to section 7256 the following new item: ``7257. Recall of retired judges of the Court.''. TITLE III--RENAMING OF COURT SEC. 301. RENAMING OF THE COURT OF VETERANS APPEALS. (a) In General.--The United States Court of Veterans Appeals is hereby renamed as, and shall hereafter be known and designated as, the United States Court of Appeals for Veterans Claims. (b) Section 7251.--Section 7251 is amended by striking out ``United States Court of Veterans Appeals'' and inserting in lieu thereof ``United States Court of Appeals for Veterans Claims''. SEC. 302. CONFORMING AMENDMENTS. (a) Conforming Amendments to Title 38.-- (1) The following sections are amended by striking out ``Court of Veterans Appeals'' each place it appears and inserting in lieu thereof ``Court of Appeals for Veterans Claims'': sections 5904, 7101(b), 7252(a), 7253, 7254, 7255, 7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a), 7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292, 7296, 7297, and 7298. (2)(A) The heading of section 7286 is amended to read as follows: ``Sec. 7286. Judicial Conference of the Court''. (B) The heading of section 7291 is amended to read as follows: ``Sec. 7291. Date when Court decision becomes final''. (C) The heading of section 7298 is amended to read as follows: ``Sec. 7298. Retirement Fund''. (3) The table of sections at the beginning of chapter 72 is amended as follows: (A) The item relating to section 7286 is amended to read as follows: ``7286. Judicial Conference of the Court.''. (B) The item relating to section 7291 is amended to read as follows: ``7291. Date when Court decision becomes final.''. (C) The item relating to section 7298 is amended to read as follows: ``7298. Retirement Fund.''. (4)(A) The heading of chapter 72 is amended to read as follows: ``CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS''. (B) The item relating to chapter 72 in the table of chapters at the beginning of title 38 and the item relating to such chapter in the table of chapters at the beginning of part V are amended to read as follows: ``72. United States Court of Appeals for Veterans Claims.......7251.''. (b) Conforming Amendments to Other Laws.-- (1) The following provisions of law are amended by striking out ``Court of Veterans Appeals'' each place it appears and inserting in lieu thereof ``Court of Appeals for Veterans Claims'': (A) Section 8440d of title 5, United States Code. (B) Section 2412 of title 28, United States Code. (C) Section 906 of title 44, United States Code. (D) Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (2)(A) The heading of section 8440d of title 5, United States Code, is amended to read as follows: ``Sec. 8440d. Judges of the United States Court of Appeals for Veterans Claims''. (B) The item relating to such section in the table of sections at the beginning of chapter 84 of such title is amended to read as follows: ``8440d. Judges of the United States Court of Appeals for Veterans Claims.''. (c) Other Legal References.--Any reference in a law, regulation, document, paper, or other record of the United States to the United States Court of Veterans Appeals shall be deemed to be a reference to the United States Court of Appeals for Veterans Claims.

TABLE OF CONTENTS: Title I: Administrative Provisions Relating to the Court Title II: Staggered Retirement and Recall Provisions Title III: Renaming of Court Court of Veterans Appeals Act of 1988 - Title I: Administrative Provisions Relating to the Court - Authorizes the Court of Veterans Appeals (Court) to prescribe rules and regulations. Requires six months or more served as a Court judge to be credited toward years of service and less than six months to not be credited. Allows for a cost-of-living adjustment to the retired pay of a Court judge only up to an amount that would make such retired pay equal to the pay received by a current Court judge. Allows a Court judge to elect to participate in a survivor annuity within six months after marriage if such judge has retired. Reduces the percentage of pay reduction required of active judges as contributions toward retirement annuities. Prohibits interest payments on retirement pay deductions in the case of Court judges for any period during which such judges: (1) were separated from judicial service or service as a Member of Congress or congressional employee. And (2) were not receiving retired pay or annuities based on such service. Allows a survivor annuity to be paid to the survivors of a judge who dies after having rendered at least 18 months of creditable civilian service. Allows a survivor annuity without a creditable service requirement in the case of a judge who dies of an assassination. Repeals a current requirement that a surviving spouse be at least 50 years of age before receiving such annuity. Increases such annuities at the same time and by the same percentage by which annuities payable from the Judicial Survivors' Annuity Fund are increased. Exempts the Court of Veterans Appeals Retirement Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 . Provides a forfeiture of retired pay rights and benefits in the case of any Court judge who, after retirement, represents a client in a claim relating to veterans' benefits. Title II: Staggered Retirement and Recall Provisions - Allows only one individual each year to retire as a Court judge in the years 1999 through 2003. Provides retirement requirements, including age and years of service. Requires a judge to: (1) notify the President and the Court's chief judge of the intent to retire. And (2) retire during the fiscal year in which notification is provided but not earlier than 90 days after such notification is provided. Makes a retired Court judge eligible for recall upon providing the chief judge with written notification. Allows the chief judge to recall such a judge to meet the needs of the Court. Title III: Renaming of Court - Renames the Court as the United States Court of Appeals for Veterans Claims.

Court of Veterans Appeals Act of 1998

<SECTION-HEADER> SHORT TITLE. REFERENCES TO TITLE 38, UNITED STATES CODE. Short Title. This Act may be cited as the "Court of Veterans Appeals Act of 1998". References to Title 38, United States Code. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. TITLE I ADMINISTRATIVE PROVISIONS RELATING TO THE COURT Section 101. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS. Section 7254 is amended by adding at the end the following new subsection: The Court may prescribe rules and regulations to carry out this chapter.". Section 102. CALCULATION OF YEARS OF SERVICE AS A JUDGE. Section 7296(b) is amended by adding at the end the following new paragraph: For purposes of calculating the years of service of an individual under this subsection and subsection (c), only those years of service as a judge of the Court shall be credited. In determining the number of years of such service, that portion of the aggregate number of years of such service that is a fractional part of one year shall be disregarded if less than 6 months and shall be credited as a full year if 6 months or more.". Section 103. LIMITATION ON COST-OF-LIVING ADJUSTMENT TO RETIRED PAY. Section 7296 is amended by adding at the end the following new subsection: (1) If a cost-of-living adjustment provided by law to be made to the retired pay payable under this section of a retired chief judge of the Court would result in the retired pay of that retired chief judge being in excess of the annual rate of pay in effect for the chief judge of the court as provided in section 7253(e)(1) of this title, such adjustment may be made only in such amount as results in the retired pay of the retired chief judge being the same as that annual rate of pay . If a cost-of-living adjustment provided by law to be made to the retired pay payable under this section of a retired judge of the Court would result in the retired pay of that retired judge being in excess of the annual rate of pay in effect for judges of the court as provided in section 7253(e)(2) of this title, such adjustment may be made only in such amount as results in the retired pay of the retired judge being the same as that annual rate of pay .". Section 104. SURVIVOR ANNUITIES. Election To Participate. Subsection (b) of section 7297 is amended in the first sentence by inserting before the period the following: "or within 6 months after the date on which the judge marries if the judge has retired under section 7296 of this title". Reduction of Contributions of Active Judges. (1) Subsection of such section is amended by striking out "3.5 percent of the judge's pay" and inserting in lieu thereof "2.2 percent of the judge's salary received under section 7253(e) of this title, 3.5 percent of the judge's retired pay received under section 7296 of this title when the judge is not serving in recall status under section 7257 of this title, and 2.2 percent of the judge's retired pay received under such section 7296 when the judge is serving in recall status under such section 7257". The amendment made by paragraph (1) shall take effect on the first day of the first pay period beginning on or after January 1, 1995. Interest Payments. Subsection (d) of such section is amended by inserting "(1)" after "(d)". And by adding at the end the following new paragraph: If a judge has previously performed a period of service as a judge, or has performed service as a judicial official (as defined under section 376(a), a Member of Congress, or a congressional employee, the interest required under the first sentence of paragraph (1) shall not be required for any period during which a judge was separated from all such service. And during which the judge was not receiving retired pay or a retirement annuity based on service as a judge or as a judicial official.". Service Eligibility. (1) Subsection (f) of such section is amended in the matter in paragraph (1) preceding subparagraph by striking out "at least 5 years" and inserting in lieu thereof "at least 18 months". And by striking out "last 5 years" and inserting in lieu thereof "last 18 months". And by adding at the end the following new paragraph: If a judge dies as a result of an assassination and leaves a survivor or survivors who are entitled to receive annuity benefits under this section, the matter in paragraph (1) preceding subparagraph shall not apply.". Subsection (a) of such section is amended in paragraph (2), by inserting "who is in active service or who has retired under section 7296 of this title" after "Court", in paragraph (3), by striking "7296(c)" and inserting "7296". And by adding at the end the following new paragraph: The term `assassination' means the killing of a judge that is motivated by the performance by that judge of the judge's official duties.". Age Requirement of Surviving Spouse. Subparagraph (A) of subsection (f)(1) of such section is amended by striking out "or following the surviving spouse's attainment of the age of 50 years, whichever is later". COLA for Survivor Annuities. Subsection (o) of such section is amended to read as follows: Each survivor annuity payable from the retirement fund shall be increased at the same time as, and by the same percentage by which, annuities payable from the Judicial Survivors' Annuities Fund are increased pursuant to section 376(m) of title 28.". Section 105. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION ORDERS. Section 7298 is amended by adding at the end the following new subsection: For purpose of section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 USC. 905(b)(1)(B)), the retirement fund shall be treated in the same manner as the Court of Federal Claims Judges' Retirement Fund.". Section 106. LIMITATION ON ACTIVITIES OF RETIRED JUDGES. In General. Chapter 72 is amended by adding at the end the following new section: "Section 7299. Limitation on activities of retired judges "If a retired judge of the Court (as defined in section 7257(a) in the practice of law represents a client in making any claim relating to veterans' benefits against the United States or any agency thereof, the retired judge shall forfeit all rights to retired pay under section 7296 of this title or under chapter 83 or 84 of title 5 for the period beginning on the date on which the representation begins and ending one year after the date on which the representation ends.". Clerical Amendment. The table of sections at the beginning of chapter 72 is amended by adding at the end the following new item: "7299. Limitation on activities of retired judges.". TITLE II STAGGERED RETIREMENT AND RECALL PROVISIONS Section 201. STAGGERED RETIREMENT. Retirement Authorized. One eligible judge each year shall be eligible to retire under this section starting in the year 1999 and ending in the year 2003. Eligible Judges. Definition of eligible judge. For purposes of this section, an eligible judge is an individual who is an associate judge of the United States Court of Appeals for Veterans Claims who has at least 10 years of service creditable under section 7296 of title 38, United States Code. Has made an election to receive retired pay under section 7296 of such title. Has at least 20 years of service allowable under section 7297(l) of such title, is at least 55 years of age. And has years of age, years of service creditable under section 7296 of such title, and years of service allowable under section 7297(l) of such title not creditable under section 7296 of such title, that total at least 80. Multiple eligible judges. In the case of a year in which more than one eligible judge provides notice in accordance with subsection (c), the judge who is eligible to retire in that year shall be the judge who has the greatest seniority as a judge of the United States Court of Appeals for Veterans Claims of the judges who provide such notice. Notice. A judge who desires to retire under subsection (d) shall provide the President and the chief judge of the United States Court of Appeals for Veterans Claims with written notice to that effect not later than April 1 of any year specified in subsection (a). Such notice shall specify the retirement date in accordance with subsection . Notice provided under this subsection shall be irrevocable. Retirement. A judge who is eligible to retire under subsection shall retire during the fiscal year in which notice is provided pursuant to subsection (c), but not earlier than 90 days after the date on which such notice is provided. Such judge shall be deemed, for all purposes, to be retiring under section 7296(b)(1) of title 38, United States Code, except that the rate of retired pay for a judge retiring under this section shall, on the date of such judge's separation from service, be equal to the rate described in section 7296(c)(1) of such title multiplied by the percentage represented by the fraction in which the numerator is the sum of the number represented by years of service as a judge of the United States Court of Appeals for Veterans Claims creditable under section 7296 of such title and the age of such judge, and the denominator is 80. Duty of Actuary. Section 7298(e)(2) is amended by redesignating subparagraph (C) as subparagraph (D). And by inserting after subparagraph (B) the following new subparagraph: For purposes of subparagraph (B) of this paragraph, the term `present value' includes a value determined by an actuary with respect to a payment that may be made under subsection (b) from the retirement fund within the contemplation of law.". Section 202. RECALL OF RETIRED JUDGES. In General. Chapter 72 is further amended by inserting after section 7256 the following new section: "Section 7257. Recall of retired judges of the Court (1) A retired judge of the Court may be recalled for further service on the Court in accordance with this section. To be eligible to be recalled for such service, a retired judge must provide to the chief judge of the Court notice in writing that the retired judge is available for such service and is willing to be recalled under this section. For the purposes of this section, a retired judge is a judge of the Court of Veterans Appeals who retires from the Court under section 7296 of this title or under chapter 83 or 84 of title 5. The chief judge may recall a retired judge upon written certification by the chief judge that substantial service is expected to be performed by the retired judge for such period as determined by the chief judge to be necessary to meet the needs of the Court. Any such recall may only be made with the agreement in writing of the retired judge. A retired judge who is recalled under this section may exercise all of the powers and duties of the office of a judge in active service. A retired judge who is recalled under this section shall be paid, during the period for which the judge serves in recall status, pay at the rate of pay in effect under section 7253(e) of this title for a judge performing active service, less the amount the judge is paid in retired pay under section 7296 of this title or an annuity under the applicable provisions of chapter 83 or 84 of title 5. Except as provided in subsection (d), a judge who is recalled under this section who retired under the provisions of chapter 83 or 84 of title 5 shall be considered to be a reemployed annuitant under that chapter. Nothing in this section may be construed to affect the right of a judge who retired under chapter 83 or 84 of title 5 to serve as a reemployed annuitant in accordance with the provisions of title 5.". Clerical Amendment. The table of sections at the beginning of chapter 72 is amended by inserting after the item relating to section 7256 the following new item: "7257. Recall of retired judges of the Court.". TITLE III RENAMING OF COURT Section 301. RENAMING OF THE COURT OF VETERANS APPEALS. In General. The United States Court of Veterans Appeals is hereby renamed as, and shall hereafter be known and designated as, the United States Court of Appeals for Veterans Claims. Section 7251. Section 7251 is amended by striking out "United States Court of Veterans Appeals" and inserting in lieu thereof "United States Court of Appeals for Veterans Claims". Section 302. CONFORMING AMENDMENTS. Conforming Amendments to Title 38. The following sections are amended by striking out "Court of Veterans Appeals" each place it appears and inserting in lieu thereof "Court of Appeals for Veterans Claims": sections 5904, 7101(b), 7252(a), 7253, 7254, 7255, 7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a), 7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292, 7296, 7297, and 7298. (A) The heading of section 7286 is amended to read as follows: "Section 7286. Judicial Conference of the Court". The heading of section 7291 is amended to read as follows: "Section 7291. Date when Court decision becomes final". The heading of section 7298 is amended to read as follows: "Section 7298. Retirement Fund". The table of sections at the beginning of chapter 72 is amended as follows: The item relating to section 7286 is amended to read as follows: "7286. Judicial Conference of the Court.". The item relating to section 7291 is amended to read as follows: "7291. Date when Court decision becomes final.". The item relating to section 7298 is amended to read as follows: "7298. Retirement Fund.". (A) The heading of chapter 72 is amended to read as follows: "CHAPTER 72 UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS". The item relating to chapter 72 in the table of chapters at the beginning of title 38 and the item relating to such chapter in the table of chapters at the beginning of part V are amended to read as follows: "72. United States Court of Appeals for Veterans Claims....7251.". Conforming Amendments to Other Laws. The following provisions of law are amended by striking out "Court of Veterans Appeals" each place it appears and inserting in lieu thereof "Court of Appeals for Veterans Claims": Section 8440d of title 5, United States Code. Section 2412 of title 28, United States Code. Section 906 of title 44, United States Code. Section 109 of the Ethics in Government Act of 1978 . (A) The heading of section 8440d of title 5, United States Code, is amended to read as follows: "Section 8440d. Judges of the United States Court of Appeals for Veterans Claims". The item relating to such section in the table of sections at the beginning of chapter 84 of such title is amended to read as follows: "8440d. Judges of the United States Court of Appeals for Veterans Claims.". Other Legal References. Any reference in a law, regulation, document, paper, or other record of the United States to the United States Court of Veterans Appeals shall be deemed to be a reference to the United States Court of Appeals for Veterans Claims.

TABLE OF CONTENTS: Title I: Administrative Provisions Relating to the Court Title II: Staggered Retirement and Recall Provisions Title III: Renaming of Court Court of Veterans Appeals Act of 1988 - Title I: Administrative Provisions Relating to the Court - Authorizes the Court of Veterans Appeals (Court) to prescribe rules and regulations. Requires six months or more served as a Court judge to be credited toward years of service and less than six months to not be credited. Allows for a cost-of-living adjustment to the retired pay of a Court judge only up to an amount that would make such retired pay equal to the pay received by a current Court judge. Allows a Court judge to elect to participate in a survivor annuity within six months after marriage if such judge has retired. Reduces the percentage of pay reduction required of active judges as contributions toward retirement annuities. Prohibits interest payments on retirement pay deductions in the case of Court judges for any period during which such judges: (1) were separated from judicial service or service as a Member of Congress or congressional employee. And (2) were not receiving retired pay or annuities based on such service. Allows a survivor annuity to be paid to the survivors of a judge who dies after having rendered at least 18 months of creditable civilian service. Allows a survivor annuity without a creditable service requirement in the case of a judge who dies of an assassination. Repeals a current requirement that a surviving spouse be at least 50 years of age before receiving such annuity. Increases such annuities at the same time and by the same percentage by which annuities payable from the Judicial Survivors' Annuity Fund are increased. Exempts the Court of Veterans Appeals Retirement Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 . Provides a forfeiture of retired pay rights and benefits in the case of any Court judge who, after retirement, represents a client in a claim relating to veterans' benefits. Title II: Staggered Retirement and Recall Provisions - Allows only one individual each year to retire as a Court judge in the years 1999 through 2003. Provides retirement requirements, including age and years of service. Requires a judge to: (1) notify the President and the Court's chief judge of the intent to retire. And (2) retire during the fiscal year in which notification is provided but not earlier than 90 days after such notification is provided. Makes a retired Court judge eligible for recall upon providing the chief judge with written notification. Allows the chief judge to recall such a judge to meet the needs of the Court. Title III: Renaming of Court - Renames the Court as the United States Court of Appeals for Veterans Claims.

Court of Veterans Appeals Act of 1998

111_hr1845

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Development Centers Modernization Act of 2009''. SEC. 2. SMALL BUSINESS DEVELOPMENT CENTERS OPERATIONAL CHANGES. (a) Accreditation Requirement.--Section 21(a)(1) of the Small Business Act (15 U.S.C. 648(a)(1)) is amended as follows: (1) In the proviso, by inserting before ``institution'' the following: ``accredited''. (2) In the sentence beginning ``The Administration shall'', by inserting before ``institutions'' the following: ``accredited''. (3) By adding at the end the following new sentence: ``In this paragraph, the term `accredited institution of higher education' means an institution that is accredited as described in section 101(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(5)).''. (b) Program Negotiations.--Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)) is amended in the matter preceding subparagraph (A), by inserting before ``agreed'' the following: ``mutually''. (c) Contract Negotiations.--Section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) is amended by inserting after ``uniform negotiated'' the following: ``mutually agreed to''. (d) SBDC Hiring.--Section 21(c)(2)(A) of the Small Business Act (15 U.S.C. 648(c)(2)(A)) is amended by inserting after ``full-time staff'' the following: ``, the hiring of which shall be at the sole discretion of the center without the need for input or approval from any officer or employee of the Administration''. (e) Content of Consultations.--Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 648(a)(7)(A)) is amended in the matter preceding clause (i) by inserting after ``under this section'' the following: ``, or the content of any consultation with such an individual or small business concern,''. (f) Amounts for Administrative Expenses.--Section 21(a)(4)(C)(v)(I) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(v)(I)) is amended to read as follows: ``(I) In general.--Of the amounts made available in any fiscal year to carry out this section, not more than $500,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).''. (g) Non-matching Portability Grants.--Section 21(a)(4)(C)(viii) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(viii)) is amended by adding at the end the following: ``In the event of a disaster, the dollar limitation in the preceding sentence shall not apply.''. (h) Distribution to SBDCs.--Section 21(b) of the Small Business Act (15 U.S.C. 648(b)) is amended by adding at the end the following new paragraph: ``(4) Limitation on Distribution to Small Business Development Centers.-- ``(A) In general.--Except as otherwise provided in this paragraph, the Administration shall not distribute funds to a Small Business Development Center if the State in which the Small Business Development Center is located is served by more than one Small Business Development Center. ``(B) Unavailability exception.--The Administration may distribute funds to a maximum of two Small Business Development Centers in any State if no applicant has applied to serve the entire State. ``(C) Grandfather clause.--The limitations in this paragraph shall not apply to any State in which more than one Small Business Development Center received funding prior to January 1, 2007. ``(D) Definition.--For the purposes of this paragraph, the term `Small Business Development Center' means the entity selected by the Administration to receive funds pursuant to the funding formula set forth in subsection (a)(4), without regard to the number of sites for service delivery such entity establishes or funds.''. (i) Women's Business Centers.--Section 21(a)(1) of the Small Business Act (15 U.S.C. 648(a)(1)), as amended, is further amended-- (1) by striking ``and women's business centers operating pursuant to section 29''; and (2) by striking ``or a women's business center operating pursuant to section 29''. SEC. 3. ACCESS TO CREDIT AND CAPITAL. Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following new subsection: ``(o) Access to Credit and Capital Program.-- ``(1) In general.--The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to-- ``(A) develop specialized programs to assist local small business concerns in securing capital and repairing damaged credit; ``(B) provide informational seminars on securing credit and loans; ``(C) provide one-on-one counseling with potential borrowers to improve financial presentations to lenders; and ``(D) facilitate borrowers' access to non- traditional financing sources, as well as traditional lending sources. ``(2) Award size limit.--The Administration may not award an entity more than $300,000 in grant funds under this subsection. ``(3) Authority.--Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. ``(4) Authorization.--There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.''. SEC. 4. PROCUREMENT TRAINING AND ASSISTANCE. Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding at the end the following new subsection: ``(p) Procurement Training and Assistance.-- ``(1) In general.--The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to-- ``(A) work with local agencies to identify contracts that are suitable for local small business concerns; ``(B) prepare small businesses to be ready as subcontractors and prime contractors for contracts made available under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) through training and business advisement, particularly in the construction trades; and ``(C) provide technical assistance regarding the Federal procurement process, including assisting small business concerns to comply with federal regulations and bonding requirements. ``(2) Award size limit.--The Administration may not award an entity more than $300,000 in grant funds under this subsection. ``(3) Authority.--Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. ``(4) Authorization of appropriations.--There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.''. SEC. 5. GREEN ENTREPRENEURS TRAINING PROGRAM. Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding at the end the following new subsection: ``(q) Green Entrepreneurs Training Program.-- ``(1) In general.--The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to-- ``(A) provide education classes and one-on-one instruction in starting a business in the fields of energy efficiency, green technology, or clean technology and in adapting a business to include such fields; ``(B) coordinate such classes and instruction, to the extent practicable, with local community colleges and local professional trade associations; ``(C) assist and provide technical counseling to individuals seeking to start a business in the fields of energy efficiency, green technology, or clean technology and to individuals seeking to adapt a business to include such fields; and ``(D) provide services that assist low-income or dislocated workers to start businesses in the fields of energy efficiency, green technology, or clean technology. ``(2) Award size limit.--The Administration may not award an entity more than $300,000 in grant funds under this subsection. ``(3) Authority.--Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. ``(4) Authorization of appropriations.--There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.''. SEC. 6. MAIN STREET STABILIZATION. Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding the following new subsection at the end thereof: ``(r) Main Street Stabilization.-- ``(1) In general.--The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to-- ``(A) establish a statewide small business helpline within every State and United States territory to provide immediate expert information and assistance to small business concerns; ``(B) develop a portfolio of online survival and growth tools and resources that struggling small business concerns can utilize through the Internet; ``(C) develop business advisory capacity to provide expert consulting and education to assist small businesses at-risk of failure and to, in areas of high demand, shorten the response time of small business development centers, and, in rural areas, support added outreach in remote communities; ``(D) deploy additional resources to help specific industry sectors with a high presence of small business concerns, which shall be targeted toward clusters of small businesses with similar needs and build upon best practices from earlier assistance; ``(E) develop a formal listing of financing options for small business capital access; and ``(F) deliver services that help dislocated workers start new businesses. ``(2) Award size limit.--The Administration may not award an entity more than $250,000 in grant funds under this subsection. ``(3) Authority.--Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. ``(4) Authorization.--There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.''. SEC. 7. PROHIBITION ON PROGRAM INCOME BEING USED AS MATCHING FUNDS. Section 21(a)(4)(B) (15 U.S.C. 648(a)(4)(B)) is amended by inserting after ``Federal program'' the following: ``and shall not include any funds obtained through the assessment of fees to small business clients''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by inserting after subsection (e) the following new subsection: ``(f) Small Business Development Centers.--There is authorized to be appropriated to carry out the Small Business Development Center Program under section 21 $150,000,000 for fiscal year 2010 and $160,000,000 for fiscal year 2011.''. SEC. 9. SMALL MANUFACTURERS TRANSITION ASSISTANCE PROGRAM. Section 21 of the Small Business Act (15 U.S.C. 648), as amended, is further amended by adding at the end the following new subsection: ``(s) Small Manufacturers Transition Assistance Program.-- ``(1) In general.--The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to-- ``(A) provide technical assistance and expertise to small manufacturers with respect to changing operations to another industry sector or reorganizing operations to increase efficiency and profitability; ``(B) assist marketing of the capabilities of small manufacturers outside the principal area of operations of such manufacturers; ``(C) facilitate peer-to-peer and mentor-protege relationships between small manufacturers and corporations and Federal agencies; and ``(D) conduct outreach activities to local small manufacturers with respect to the availability of the services described in subparagraphs (A), (B), and (C). ``(2) Definition of small manufacturer.--In this subsection, the term `small manufacturer' means a small business concern engaged in an industry specified in sector 31, 32, or 33 of the North American Industry Classification System in section 121.201 of title 13, Code of Federal Regulations. ``(3) Award size limit.--The Administration may not award an entity more than $250,000 in grant funds under this subsection. ``(4) Authority.--Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. ``(5) Authorization.--There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.''. Passed the House of Representatives November 7, 2009. Attest: LORRAINE C. MILLER, Clerk.

Small Business Development Centers Modernization Act of 2009 - Amends the Small Business Act relating to small business development centers (SBDCs) to: (1) require institutions of higher education that are provided SBDC grants to be accredited. (2) require SBDC employee hirings to be at the sole discretion of an SBDC without input or approval from SBA officers or employees. (3) eliminate a matching funds requirement with respect to SBDC grant programs conducted in areas in which a disaster has occurred. And (4) allow grant distributions with respect to two or more SBDCs located in the same state only when no applicant has applied to serve the entire state. Directs the Administrator to establish SBDC grant programs for: (1) access to credit and capital, (2) procurement training and assistance, (3) green entrepreneurs training, (4) main street stabilization. And (5) small manufacturers transition assistance. Limits grants to $300,000 per entity . Authorizes appropriations under each program for FY2010-FY2011. Prohibits funds recovered under an SBDC program through fees assessed to small business clients from being considered matching funds. Authorizes appropriations for the SBDC program for FY2010-FY2011.

To amend the Small Business Act to modernize Small Business Development Centers, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Small Business Development Centers Modernization Act of 2009". <SECTION-HEADER> SMALL BUSINESS DEVELOPMENT CENTERS OPERATIONAL CHANGES. Accreditation Requirement. Section 21(a)(1) of the Small Business Act (15 USC. 648(a)(1)) is amended as follows: In the proviso, by inserting before "institution" the following: "accredited". In the sentence beginning "The Administration shall", by inserting before "institutions" the following: "accredited". By adding at the end the following new sentence: "In this paragraph, the term `accredited institution of higher education' means an institution that is accredited as described in section 101(a)(5) of the Higher Education Act of 1965 (20 USC. 1001(a)(5)).". Program Negotiations. Section 21(a)(3) of the Small Business Act (15 USC. 648(a)(3)) is amended in the matter preceding subparagraph (A), by inserting before "agreed" the following: "mutually". Contract Negotiations. Section 21(a)(3)(A) of the Small Business Act (15 USC. 648(a)(3)(A)) is amended by inserting after "uniform negotiated" the following: "mutually agreed to". SBDC Hiring. Section 21(c)(2)(A) of the Small Business Act (15 USC. 648(c)(2)(A)) is amended by inserting after "full-time staff" the following: ", the hiring of which shall be at the sole discretion of the center without the need for input or approval from any officer or employee of the Administration". Content of Consultations. Section 21(a)(7)(A) of the Small Business Act (15 USC. 648(a)(7)(A)) is amended in the matter preceding clause (i) by inserting after "under this section" the following: ", or the content of any consultation with such an individual or small business concern,". Amounts for Administrative Expenses. Section 21(a)(4)(C)(v)(I) of the Small Business Act (15 USC. 648(a)(4)(C)(v)(I)) is amended to read as follows: In general. Of the amounts made available in any fiscal year to carry out this section, not more than $500,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).". Non-matching Portability Grants. Section 21(a)(4)(C)(viii) of the Small Business Act (15 USC. 648(a)(4)(C)(viii)) is amended by adding at the end the following: "In the event of a disaster, the dollar limitation in the preceding sentence shall not apply.". Distribution to SBDCs. Section 21(b) of the Small Business Act (15 USC. 648(b)) is amended by adding at the end the following new paragraph: Limitation on Distribution to Small Business Development Centers. In general. Except as otherwise provided in this paragraph, the Administration shall not distribute funds to a Small Business Development Center if the State in which the Small Business Development Center is located is served by more than one Small Business Development Center. Unavailability exception. The Administration may distribute funds to a maximum of two Small Business Development Centers in any State if no applicant has applied to serve the entire State. Grandfather clause. The limitations in this paragraph shall not apply to any State in which more than one Small Business Development Center received funding prior to January 1, 2007. Definition. For the purposes of this paragraph, the term `Small Business Development Center' means the entity selected by the Administration to receive funds pursuant to the funding formula set forth in subsection (a)(4), without regard to the number of sites for service delivery such entity establishes or funds.". Women's Business Centers. Section 21(a)(1) of the Small Business Act (15 USC. 648(a)(1)), as amended, is further amended by striking "and women's business centers operating pursuant to section 29". And by striking "or a women's business center operating pursuant to section 29". <SECTION-HEADER> ACCESS TO CREDIT AND CAPITAL. Section 21 of the Small Business Act is amended by adding at the end the following new subsection: Access to Credit and Capital Program. In general. The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to develop specialized programs to assist local small business concerns in securing capital and repairing damaged credit, provide informational seminars on securing credit and loans. Provide one-on-one counseling with potential borrowers to improve financial presentations to lenders. And facilitate borrowers' access to non- traditional financing sources, as well as traditional lending sources. Award size limit. The Administration may not award an entity more than $300,000 in grant funds under this subsection. Authority. Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. Authorization. There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.". <SECTION-HEADER> PROCUREMENT TRAINING AND ASSISTANCE. Section 21 of the Small Business Act , as amended, is further amended by adding at the end the following new subsection: Procurement Training and Assistance. In general. The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to work with local agencies to identify contracts that are suitable for local small business concerns. Prepare small businesses to be ready as subcontractors and prime contractors for contracts made available under the American Recovery and Reinvestment Act of 2009 through training and business advisement, particularly in the construction trades. And provide technical assistance regarding the Federal procurement process, including assisting small business concerns to comply with federal regulations and bonding requirements. Award size limit. The Administration may not award an entity more than $300,000 in grant funds under this subsection. Authority. Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. Authorization of appropriations. There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.". <SECTION-HEADER> GREEN ENTREPRENEURS TRAINING PROGRAM. Section 21 of the Small Business Act , as amended, is further amended by adding at the end the following new subsection: Green Entrepreneurs Training Program. In general. The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to provide education classes and one-on-one instruction in starting a business in the fields of energy efficiency, green technology, or clean technology and in adapting a business to include such fields. Coordinate such classes and instruction, to the extent practicable, with local community colleges and local professional trade associations. Assist and provide technical counseling to individuals seeking to start a business in the fields of energy efficiency, green technology, or clean technology and to individuals seeking to adapt a business to include such fields. And provide services that assist low-income or dislocated workers to start businesses in the fields of energy efficiency, green technology, or clean technology. Award size limit. The Administration may not award an entity more than $300,000 in grant funds under this subsection. Authority. Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. Authorization of appropriations. There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.". <SECTION-HEADER> MAIN STREET STABILIZATION. Section 21 of the Small Business Act , as amended, is further amended by adding the following new subsection at the end thereof: Main Street Stabilization. In general. The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to establish a statewide small business helpline within every State and United States territory to provide immediate expert information and assistance to small business concerns. Develop a portfolio of online survival and growth tools and resources that struggling small business concerns can utilize through the Internet. Develop business advisory capacity to provide expert consulting and education to assist small businesses at-risk of failure and to, in areas of high demand, shorten the response time of small business development centers, and, in rural areas, support added outreach in remote communities. Deploy additional resources to help specific industry sectors with a high presence of small business concerns, which shall be targeted toward clusters of small businesses with similar needs and build upon best practices from earlier assistance. Develop a formal listing of financing options for small business capital access. And deliver services that help dislocated workers start new businesses. Award size limit. The Administration may not award an entity more than $250,000 in grant funds under this subsection. Authority. Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. Authorization. There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.". <SECTION-HEADER> PROHIBITION ON PROGRAM INCOME BEING USED AS MATCHING FUNDS. Section 21(a)(4)(B) (15 USC. 648(a)(4)(B)) is amended by inserting after "Federal program" the following: "and shall not include any funds obtained through the assessment of fees to small business clients". <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. Section 20 of the Small Business Act is amended by inserting after subsection (e) the following new subsection: Small Business Development Centers. There is authorized to be appropriated to carry out the Small Business Development Center Program under section 21 $150,000,000 for fiscal year 2010 and $160,000,000 for fiscal year 2011.". <SECTION-HEADER> SMALL MANUFACTURERS TRANSITION ASSISTANCE PROGRAM. Section 21 of the Small Business Act , as amended, is further amended by adding at the end the following new subsection: Small Manufacturers Transition Assistance Program. In general. The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to provide technical assistance and expertise to small manufacturers with respect to changing operations to another industry sector or reorganizing operations to increase efficiency and profitability. Assist marketing of the capabilities of small manufacturers outside the principal area of operations of such manufacturers. Facilitate peer-to-peer and mentor-protege relationships between small manufacturers and corporations and Federal agencies. And conduct outreach activities to local small manufacturers with respect to the availability of the services described in subparagraphs (A), (B), and (C). Definition of small manufacturer. In this subsection, the term `small manufacturer' means a small business concern engaged in an industry specified in sector 31, 32, or 33 of the North American Industry Classification System in section 121.201 of title 13, Code of Federal Regulations. Award size limit. The Administration may not award an entity more than $250,000 in grant funds under this subsection. Authority. Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. Authorization. There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2010 and 2011.". Passed the House of Representatives November 7, 2009. Attest: LORRAINE C. MILLER, Clerk.

Small Business Development Centers Modernization Act of 2009 - Amends the Small Business Act relating to small business development centers (SBDCs) to: (1) require institutions of higher education that are provided SBDC grants to be accredited. (2) require SBDC employee hirings to be at the sole discretion of an SBDC without input or approval from SBA officers or employees. (3) eliminate a matching funds requirement with respect to SBDC grant programs conducted in areas in which a disaster has occurred. And (4) allow grant distributions with respect to two or more SBDCs located in the same state only when no applicant has applied to serve the entire state. Directs the Administrator to establish SBDC grant programs for: (1) access to credit and capital, (2) procurement training and assistance, (3) green entrepreneurs training, (4) main street stabilization. And (5) small manufacturers transition assistance. Limits grants to $300,000 per entity . Authorizes appropriations under each program for FY2010-FY2011. Prohibits funds recovered under an SBDC program through fees assessed to small business clients from being considered matching funds. Authorizes appropriations for the SBDC program for FY2010-FY2011.

To amend the Small Business Act to modernize Small Business Development Centers, and for other purposes.

109_s1859

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable and Reliable Gas Act of 2005''. SEC. 2. LIST OF FUELS. (a) List of Fuels.--Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) (as amended by the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1106)) is amended by striking the second clause (v) and inserting the following: ``(vi)(I) The Administrator shall have no authority, when considering a State implementation plan or a State implementation plan revision, to approve under this paragraph any fuel included in such plan or revision if the effect of such approval would be to increase the total number of fuels approved under this paragraph as of September 1, 2004 in all State implementation plans. ``(II) The Administrator, in consultation with the Secretary of Energy, shall determine the total number of fuels approved under this paragraph as of September 1, 2004, in all State implementation plans and shall publish a list of such fuels, including the states and Petroleum Administration for Defense District in which they are used, in the Federal Register no later than 90 days after enactment. ``(III) The Administrator shall remove a fuel from the list published under subclause (II) if a fuel ceases to be included in a State implementation plan or if a fuel in a State implementation plan is identical to a Federal fuel formulation implemented by the Administrator and shall reduce the total number of fuels authorized under the list published under subclause (II) appropriately. ``(IV) Subclause (I) shall not limit the Administrator's authority to approve a control or prohibition respecting any new fuel under this paragraph in a State's implementation plan or a revision to that State's implementation plan after the date of enactment of this Act if such new fuel completely replaces a fuel on the list published under subclause (II). ``(V) The Administrator shall have no authority under this paragraph, when considering any particular State's implementation plan or a revision to that State's implementation plan, to approve any fuel unless that fuel was, as of the date of such consideration, approved in at least one State implementation plan in the applicable Petroleum Administrator for Defense District. However, the Administrator may approve as part of a State implementation plan or State implementation plan revision a fuel with a summertime Reid Vapor Pressure of 7.0 psi. In no event shall such approval by the Administrator cause an increase in the total number of fuels on the list published under subclause (II) as of the date of consideration. ``(VI) Nothing in this clause shall be construed to have any effect regarding any available authority of States to require the use of any fuel additive registered in accordance with subsection (b), including any fuel additive registered in accordance with subsection (b) after the enactment of this subclause. ``(vii)(I) The provisions of clause (vi), including the limitations of the authority of the Administrator and the cap on the total number of fuels permitted, shall remain in effect until the harmonization of fuels under subclause V of this clause is accomplished. Once such harmonization has been accomplished, clause (v) shall sunset and the limitations of the authority of the Administrator under subclause (IV) of this clause shall apply. ``(II) The Administrator, in coordination with the Secretary of Energy (hereinafter in this clause referred to as the `Secretary'), shall identify and publish in the Federal Register, within 12 months after the enactment of this subclause and after notice and opportunity for public comment, a list of 5 gasolines and diesel fuels to be used in States that have not received a waiver under section 209(b) of this Act. The list shall be referred to as the `Federal Fuels List' and shall include one Federal on-road diesel fuel (which shall grandfather the sulfur phase down in the Administrator's ultra low sulfur diesel fuel regulations in effect as of the date of enactment and shall permit the implementation of one alternative diesel fuel, approved under this subparagraph before enactment of this subclause for a State that has not received a section 209(b) waiver, only in the State in which it was approved prior to enactment), one conventional gasoline for ozone attainment areas, one reformulated gasoline (RFG) meeting the requirements of subsection (k), and 2 additional gasolines with Reid vapor pressure (RVP) controls for use in ozone attainment areas of varying degrees of severity. None of the fuels identified under this subclause shall control fuel sulfur or toxics levels beyond levels required by regulations of the Administrator. ``(III) Gasolines and diesel fuels shall be included on the Federal Fuels List based on the Administrator's analysis of their ability to reduce ozone emissions to assist States in attaining established ozone standards under this Act, and on an analysis by the Secretary that the adoption of the Federal Fuels List will not result in a reduction in supply or in producibility, including that caused by a reduction in domestic refining capacity as a result of the adoption of the Federal Fuels List. In the event the Secretary concludes that adoption of the Federal Fuels List will result in a reduction in supply or in producibility, the Administrator and the Secretary shall report that conclusion to Congress, and suspend implementation of this clause. The Administrator and the Secretary shall conduct the study required under section 1541(c) of the Energy Policy Act of 2005 on the timetable required in that section to provide Congress with legislative recommendations for modifications to the proposed Federal Fuels List only if the Secretary concludes that adoption of the Federal Fuels List will result in a reduction in supply or in producibility. ``(IV) Upon publication of the Federal Fuels List, the Administrator shall have no authority, when considering a State implementation plan or State implementation plan revisions, to approve under this subparagraph any fuel included in such plan or plan revision if the proposed fuel is not one of the fuels on the Federal Fuels List; or to approve a State's plan or plan revision to move from one fuel on the Federal Fuels List to another unless, after consultation with the Secretary, the Administrator publishes in the Federal Register, after notice and opportunity for public comment, a finding that, in the Administrator's judgment, such plan or plan revision to adopt a different fuel on the Federal Fuels List will not cause fuel supply or distribution disruptions in the affected area or contiguous areas. The Administrator's finding shall include an assessment of reasonably foreseeable supply or distribution emergencies that could occur in the affected area or contiguous area and how adoption of the particular fuel revisions would effect alternative supply options during reasonably foreseeable supply or distribution emergencies. ``(V) The Administrator, in consultation with the Secretary, shall develop a plan to harmonize the currently approved fuels in State implementation plans with the fuels included on the Federal Fuels List and shall promulgate implementing regulations for this plan not later than 18 months after enactment of this subclause. This harmonization shall be fully implemented by the States by December 31, 2008.''. (b) Boutique Fuels.--Section 1541 of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1106) is amended by striking subsection (c) and inserting the following: ``(c) Study and Report to Congress on Boutique Fuels.-- ``(1) Joint study.--The Administrator of the Environmental Protection Agency and the Secretary of Energy shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, on fuel fungibility, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)). ``(2) Focus of study.--The primary focus of the study required under paragraph (1) shall be to determine how to develop a Federal fuels system that maximizes motor fuel fungibility and supply, preserves air quality standards, and reduces motor fuel price volatility that results from the proliferation of boutique fuels, and to recommend to Congress such legislative changes as are necessary to implement such a system. The study should include the impacts on overall energy supply, distribution, and use as a result of the legislative changes recommended. The study should include an analysis of the impact on ozone emissions and supply of a mandatory reduction in the number of fuel blends to 5, including one on- road Federal diesel fuel (which shall grandfather the sulfur phase down in the Administrator's ultra low sulfur diesel fuel regulations and shall permit the implementation of, one alternative diesel fuel, blend approved under this subparagraph before enactment of this subclause for a State that has not received a section 209(b) waiver, only in the State in which it was approved prior to enactment), one conventional gasoline for ozone attainment areas, one reformulated gasoline (RFG) meeting the requirements of subsection (k), and 2 additional gasolines blends with Reid vapor pressure (RVP) controls for use in ozone attainment areas of varying degrees of severity. ``(3) Conduct of study.--In carrying out their joint duties under this section, the Administrator and the Secretary shall use sound science and objective science practices, shall consider the best available science, shall use data collected by accepted means and shall consider and include a description of the weight of the scientific evidence. The Administrator and the Secretary shall coordinate the study required by this section with other studies required by the act and shall endeavor to avoid duplication of effort with regard to such studies. ``(4) Responsibility of administrator.--In carrying out the study required by this section, the Administrator shall coordinate obtaining comments from affected parties interested in the air quality impact assessment portion of the study. The Administrator shall use sound and objective science practices, shall consider the best available science, and shall consider and include a description of the weight of the scientific evidence. ``(5) Responsibility of secretary.--In carrying out the study required by this section, the Secretary shall coordinate obtaining comments from affected parties interested in the fuel availability, number of fuel blends, fuel fungibility and fuel costs portion of the study. ``(6) Report to congress.--The Administrator and the Secretary jointly shall submit the results of the study required by this section in a report to the Congress not later than 12 months after the date of the enactment of this Act, together with any recommended regulatory and legislative changes. Such report shall be submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. ``(7) Authorization of appropriations.--There is authorized to be appropriated jointly to the Administrator and the Secretary $500,000 for the completion of the study required under this subsection.''.

Affordable and Reliable Gas Act of 2005 - Amends the Clean Air Act to: (1) require the Administrator of the Environmental Protection Agency (EPA), in coordination with the Secretary of Energy, to identify and publish in the Federal Register a list of five gasolines and diesel fuels to be used in state implementation plans (SIPs). (2) require an analysis of the ability of such listed fuels to reduce ozone emissions. (3) restrict the authority of the Administrator to approve fuels proposed in an SIP but not included on the Federal Fuels List. (4) require the Administrator, in consultation with the Secretary, to develop a federal-state fuel harmonization plan to be fully implemented by the states by December 31, 2008. And (5) revise requirements for the joint study of boutique fuels to require an analysis of the impact on ozone emissions and supply of a mandatory reduction to five in the number of approved fuel blends.

A bill to amend the Clean Air Act to provide for a Federal Fuels List, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Affordable and Reliable Gas Act of 2005". <SECTION-HEADER> LIST OF FUELS. List of Fuels. Section 211(c)(4)(C) of the Clean Air Act (42 USC. 7545(c)(4)(C)) (as amended by the Energy Policy Act of 2005 is amended by striking the second clause (v) and inserting the following: (I) The Administrator shall have no authority, when considering a State implementation plan or a State implementation plan revision, to approve under this paragraph any fuel included in such plan or revision if the effect of such approval would be to increase the total number of fuels approved under this paragraph as of September 1, 2004 in all State implementation plans. The Administrator, in consultation with the Secretary of Energy, shall determine the total number of fuels approved under this paragraph as of September 1, 2004, in all State implementation plans and shall publish a list of such fuels, including the states and Petroleum Administration for Defense District in which they are used, in the Federal Register no later than 90 days after enactment. The Administrator shall remove a fuel from the list published under subclause (II) if a fuel ceases to be included in a State implementation plan or if a fuel in a State implementation plan is identical to a Federal fuel formulation implemented by the Administrator and shall reduce the total number of fuels authorized under the list published under subclause (II) appropriately. Subclause (I) shall not limit the Administrator's authority to approve a control or prohibition respecting any new fuel under this paragraph in a State's implementation plan or a revision to that State's implementation plan after the date of enactment of this Act if such new fuel completely replaces a fuel on the list published under subclause (II). The Administrator shall have no authority under this paragraph, when considering any particular State's implementation plan or a revision to that State's implementation plan, to approve any fuel unless that fuel was, as of the date of such consideration, approved in at least one State implementation plan in the applicable Petroleum Administrator for Defense District. However, the Administrator may approve as part of a State implementation plan or State implementation plan revision a fuel with a summertime Reid Vapor Pressure of 7.0 psi. In no event shall such approval by the Administrator cause an increase in the total number of fuels on the list published under subclause (II) as of the date of consideration. Nothing in this clause shall be construed to have any effect regarding any available authority of States to require the use of any fuel additive registered in accordance with subsection (b), including any fuel additive registered in accordance with subsection (b) after the enactment of this subclause. (I) The provisions of clause (vi), including the limitations of the authority of the Administrator and the cap on the total number of fuels permitted, shall remain in effect until the harmonization of fuels under subclause V of this clause is accomplished. Once such harmonization has been accomplished, clause (v) shall sunset and the limitations of the authority of the Administrator under subclause (IV) of this clause shall apply. The Administrator, in coordination with the Secretary of Energy , shall identify and publish in the Federal Register, within 12 months after the enactment of this subclause and after notice and opportunity for public comment, a list of 5 gasolines and diesel fuels to be used in States that have not received a waiver under section 209(b) of this Act. The list shall be referred to as the `Federal Fuels List' and shall include one Federal on-road diesel fuel (which shall grandfather the sulfur phase down in the Administrator's ultra low sulfur diesel fuel regulations in effect as of the date of enactment and shall permit the implementation of one alternative diesel fuel, approved under this subparagraph before enactment of this subclause for a State that has not received a section 209, one conventional gasoline for ozone attainment areas, one reformulated gasoline (RFG) meeting the requirements of subsection (k), and 2 additional gasolines with Reid vapor pressure (RVP) controls for use in ozone attainment areas of varying degrees of severity. None of the fuels identified under this subclause shall control fuel sulfur or toxics levels beyond levels required by regulations of the Administrator. Gasolines and diesel fuels shall be included on the Federal Fuels List based on the Administrator's analysis of their ability to reduce ozone emissions to assist States in attaining established ozone standards under this Act, and on an analysis by the Secretary that the adoption of the Federal Fuels List will not result in a reduction in supply or in producibility, including that caused by a reduction in domestic refining capacity as a result of the adoption of the Federal Fuels List. In the event the Secretary concludes that adoption of the Federal Fuels List will result in a reduction in supply or in producibility, the Administrator and the Secretary shall report that conclusion to Congress, and suspend implementation of this clause. The Administrator and the Secretary shall conduct the study required under section 1541(c) of the Energy Policy Act of 2005 on the timetable required in that section to provide Congress with legislative recommendations for modifications to the proposed Federal Fuels List only if the Secretary concludes that adoption of the Federal Fuels List will result in a reduction in supply or in producibility. Upon publication of the Federal Fuels List, the Administrator shall have no authority, when considering a State implementation plan or State implementation plan revisions, to approve under this subparagraph any fuel included in such plan or plan revision if the proposed fuel is not one of the fuels on the Federal Fuels List. Or to approve a State's plan or plan revision to move from one fuel on the Federal Fuels List to another unless, after consultation with the Secretary, the Administrator publishes in the Federal Register, after notice and opportunity for public comment, a finding that, in the Administrator's judgment, such plan or plan revision to adopt a different fuel on the Federal Fuels List will not cause fuel supply or distribution disruptions in the affected area or contiguous areas. The Administrator's finding shall include an assessment of reasonably foreseeable supply or distribution emergencies that could occur in the affected area or contiguous area and how adoption of the particular fuel revisions would effect alternative supply options during reasonably foreseeable supply or distribution emergencies. The Administrator, in consultation with the Secretary, shall develop a plan to harmonize the currently approved fuels in State implementation plans with the fuels included on the Federal Fuels List and shall promulgate implementing regulations for this plan not later than 18 months after enactment of this subclause. This harmonization shall be fully implemented by the States by December 31, 2008.". Boutique Fuels. Section 1541 of the Energy Policy Act of 2005 is amended by striking subsection and inserting the following: Study and Report to Congress on Boutique Fuels. Joint study. The Administrator of the Environmental Protection Agency and the Secretary of Energy shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, on fuel fungibility, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(C) of the Clean Air Act (42 USC. 7545(c)(4)(C)). Focus of study. The primary focus of the study required under paragraph (1) shall be to determine how to develop a Federal fuels system that maximizes motor fuel fungibility and supply, preserves air quality standards, and reduces motor fuel price volatility that results from the proliferation of boutique fuels, and to recommend to Congress such legislative changes as are necessary to implement such a system. The study should include the impacts on overall energy supply, distribution, and use as a result of the legislative changes recommended. The study should include an analysis of the impact on ozone emissions and supply of a mandatory reduction in the number of fuel blends to 5, including one on- road Federal diesel fuel (which shall grandfather the sulfur phase down in the Administrator's ultra low sulfur diesel fuel regulations and shall permit the implementation of, one alternative diesel fuel, blend approved under this subparagraph before enactment of this subclause for a State that has not received a section 209, one conventional gasoline for ozone attainment areas, one reformulated gasoline (RFG) meeting the requirements of subsection (k), and 2 additional gasolines blends with Reid vapor pressure (RVP) controls for use in ozone attainment areas of varying degrees of severity. Conduct of study. In carrying out their joint duties under this section, the Administrator and the Secretary shall use sound science and objective science practices, shall consider the best available science, shall use data collected by accepted means and shall consider and include a description of the weight of the scientific evidence. The Administrator and the Secretary shall coordinate the study required by this section with other studies required by the act and shall endeavor to avoid duplication of effort with regard to such studies. Responsibility of administrator. In carrying out the study required by this section, the Administrator shall coordinate obtaining comments from affected parties interested in the air quality impact assessment portion of the study. The Administrator shall use sound and objective science practices, shall consider the best available science, and shall consider and include a description of the weight of the scientific evidence. Responsibility of secretary. In carrying out the study required by this section, the Secretary shall coordinate obtaining comments from affected parties interested in the fuel availability, number of fuel blends, fuel fungibility and fuel costs portion of the study. Report to congress. The Administrator and the Secretary jointly shall submit the results of the study required by this section in a report to the Congress not later than 12 months after the date of the enactment of this Act, together with any recommended regulatory and legislative changes. Such report shall be submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. Authorization of appropriations. There is authorized to be appropriated jointly to the Administrator and the Secretary $500,000 for the completion of the study required under this subsection.".

Affordable and Reliable Gas Act of 2005 - Amends the Clean Air Act to: (1) require the Administrator of the Environmental Protection Agency (EPA), in coordination with the Secretary of Energy, to identify and publish in the Federal Register a list of five gasolines and diesel fuels to be used in state implementation plans (SIPs). (2) require an analysis of the ability of such listed fuels to reduce ozone emissions. (3) restrict the authority of the Administrator to approve fuels proposed in an SIP but not included on the Federal Fuels List. (4) require the Administrator, in consultation with the Secretary, to develop a federal-state fuel harmonization plan to be fully implemented by the states by December 31, 2008. And (5) revise requirements for the joint study of boutique fuels to require an analysis of the impact on ozone emissions and supply of a mandatory reduction to five in the number of approved fuel blends.

A bill to amend the Clean Air Act to provide for a Federal Fuels List, and for other purposes.

112_s3622

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patients and Hospitals From Price Gouging Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) many pharmaceutical drugs are necessary to maintain the health and welfare of the American people; (2) currently the Nation is facing a chronic shortage of vital drugs necessary in surgery, to treat cancer, and to fight other life-threatening illnesses; and (3) in order to prevent any party within the chain of distribution of any vital drugs from taking unfair advantage of consumers during market shortages, the public interest requires that such conduct be prohibited and made subject to criminal penalties. (b) Purpose.--The purpose of this Act is to prohibit excessive pricing during market shortages. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``market shortage'' means a situation in which the total supply of all clinically interchangeable versions of an FDA-regulated drug is inadequate to meet the current or projected demand at the user level; (2) the term ``drug'' means a drug intended for use by human beings, which-- (A) because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or (B) is limited by an approved application under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to use under the professional supervision of a practitioner licensed by law to administer such drug; (3) the term ``biologic'' means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, or analogous product, or arsphenamine or derivative of arsphenamine (or any other trivalent organic arsenic compound), applicable to the prevention, treatment, or cure of a disease or condition of human beings; and (4) the term ``vital drug'' means any drug or biologic used to prevent or treat a serious or life-threatening disease or medical condition, for which there is no other available source with sufficient supply of that drug or biologic or alternative drug or biologic available. SEC. 4. UNREASONABLY EXCESSIVE DRUG PRICING. (a) In General.-- (1) Authority.--The President may issue an Executive order declaring a market shortage for a period of 6 months with regard to one or more vital drugs due to a market shortage under this Act. (2) Unlawful act.--If the President issues an Executive order under paragraph (1), it shall be unlawful for any person to sell vital drugs at a price that is unreasonably excessive and indicates that the seller is taking unfair advantage of the circumstances related to a market shortage to unreasonably increase prices during such period. (b) Authority.--The Attorney General is authorized to enforce penalties under this Act. SEC. 5. ENFORCEMENT. (a) Enforcement.-- (1) In general.--Whoever sells, or offers to sell, any vital drug during a declared market shortage with the knowledge and intent to charge a price that is unreasonably excessive under the circumstances shall be guilty of an offense under this section and subject to injunction and penalties as provided in paragraphs (2) and (3). (2) Action in district court for injunction.--Whenever it shall appear to the Attorney General that any person is engaged in or about to engage in acts or practices constituting a violation of any provision of this section and until such complaint is dismissed by the Attorney General or set aside by a court on review, the Attorney General may in his or her discretion bring an action in the proper district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond in the interest of the public. (3) Criminal penalties.--Any person acting with the knowledge and intent to charge a price that is unreasonably excessive under the circumstances shall be guilty of an offense under this section and title 18, United States Code, and subject to imprisonment for a term not to exceed 3 years, fined an amount not to exceed $5,000,000, or both. (b) Enforcement.--The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. (c) Multiple Offenses.--In assessing the penalty provided by subsection (a) each day of a continuing violation shall be considered a separate violation. (d) Application.-- (1) In general.--This section shall apply-- (A) in the geographical area where the vital drug market shortage has been declared; and (B) to all wholesalers and distributors in the chain of distribution. (2) Inapplicable.--This section shall not apply to a hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)) or a physician (as defined in section 1861(q) of the Social Security Act (42 U.S.C. 1395x(q)). SEC. 6. DETERMINATION OF UNREASONABLY EXCESSIVE. (a) In General.--The Attorney General, in determining whether an alleged violator's price was unreasonably excessive, shall consider whether-- (1) the price reasonably reflected additional costs, not within the control of that person or company, that were paid, incurred, or reasonably anticipated by that person or company; (2) the price reasonably reflected additional risks taken by that person or company to produce, distribute, obtain, or sell such product under the circumstances; (3) there is a gross disparity between the challenged price and the price at which the same or similar goods were readily available in the same region and during the same Presidentially declared market shortage; (4) the marginal benefit received by the wholesaler or distributor is significantly changed in comparison with marginal earnings in the year before a market shortage was declared; (5) the price charged was comparable to the price at which the goods were generally available in the trade area if the wholesaler or distributor did not sell or offer to sell the prescription drug in question prior to the time a market shortage was declared; and (6) the price was substantially attributable to local, regional, national, or international market conditions. (b) Consultation.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Attorney General or designee, shall consult with representatives of the National Association of Wholesalers, Group Purchasing Organizations, Pharmaceutical Distributors, Hospitals, Manufacturers, patients, and other interested community organizations to reassess the criteria set forth in subsection (a) in determining unreasonably excessive and prepare and submit to Congress a report on the results of the reassessment. SEC. 7. DURATION. (a) In General.--Any market shortage declared by the President in accordance with this Act shall be in effect for a period of not to exceed 6 months from the date on which the President issues the Executive order. (b) Termination.--Any market shortage declared by the President in accordance with this Act shall terminate if-- (1) there is enacted a law terminating the market shortage which shall be passed by Congress after a national market shortage is declared; or (2) the President issues a proclamation terminating the market shortage; whichever comes first. (c) Declaration Renewal.--The President may renew the state of market shortage declared under subsection (a), if the President declares that the severe shortage continues to affect the health and well being of citizens beyond the initial 6-month period.

Protecting Patients and Hospitals From Price Gouging Act - Authorizes the President to issue an executive order declaring a market shortage for six months with regard to one or more vital drugs if the total supply of all clinically interchangeable versions of a drug regulated by the Food and Drug Administration (FDA) is inadequate to meet the current or projected demand at the user level. Defines a vital drug as any drug or biologic used to prevent or treat a serious or life-threatening disease or medical condition, for which there is no other available source with sufficient supply available. Makes it unlawful, when the President issues such an executive order, for any person to sell vital drugs at a price that: (1) is unreasonably excessive, and (2) indicates that the seller is taking unfair advantage of the circumstances related to a market shortage to increase prices unreasonably during that period. Gives the Attorney General authority to enforce penalties under this Act. Makes any person who sells, or offers to sell, any vital drug during a declared market shortage with the knowledge and intent to charge a price unreasonably excessive under the circumstances guilty of an offense and subject to injunction and penalties. Applies such sanctions, except to a hospital or a physician, in the geographical area where the vital drug market shortage has been declared and to all wholesalers and distributors in the chain of distribution. Sets forth factors for the Attorney General to consider in determining whether an alleged violator's price was unreasonably excessive. Makes a declaration under this Act terminate if: (1) there is enacted a law terminating the market shortage after a national market shortage is declared, or (2) the President issues a proclamation terminating the declaration. Authorizes the President to renew such a market shortage declaration if the severe shortage continues to affect the health and well-being of citizens beyond the initial six-month period.

A bill to prohibit prescription drug price-gouging during states of market shortage.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Protecting Patients and Hospitals From Price Gouging Act". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress finds that many pharmaceutical drugs are necessary to maintain the health and welfare of the American people. Currently the Nation is facing a chronic shortage of vital drugs necessary in surgery, to treat cancer, and to fight other life-threatening illnesses. And in order to prevent any party within the chain of distribution of any vital drugs from taking unfair advantage of consumers during market shortages, the public interest requires that such conduct be prohibited and made subject to criminal penalties. Purpose. The purpose of this Act is to prohibit excessive pricing during market shortages. <SECTION-HEADER> DEFINITIONS. As used in this Act the term "market shortage" means a situation in which the total supply of all clinically interchangeable versions of an FDA-regulated drug is inadequate to meet the current or projected demand at the user level. The term "drug" means a drug intended for use by human beings, which because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug. Or is limited by an approved application under section 505 of the Federal Food, Drug, and Cosmetic Act to use under the professional supervision of a practitioner licensed by law to administer such drug. The term "biologic" means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, or analogous product, or arsphenamine or derivative of arsphenamine , applicable to the prevention, treatment, or cure of a disease or condition of human beings. And the term "vital drug" means any drug or biologic used to prevent or treat a serious or life-threatening disease or medical condition, for which there is no other available source with sufficient supply of that drug or biologic or alternative drug or biologic available. <SECTION-HEADER> UNREASONABLY EXCESSIVE DRUG PRICING. In General. Authority. The President may issue an Executive order declaring a market shortage for a period of 6 months with regard to one or more vital drugs due to a market shortage under this Act. Unlawful act. If the President issues an Executive order under paragraph (1), it shall be unlawful for any person to sell vital drugs at a price that is unreasonably excessive and indicates that the seller is taking unfair advantage of the circumstances related to a market shortage to unreasonably increase prices during such period. Authority. The Attorney General is authorized to enforce penalties under this Act. <SECTION-HEADER> ENFORCEMENT. Enforcement. In general. Whoever sells, or offers to sell, any vital drug during a declared market shortage with the knowledge and intent to charge a price that is unreasonably excessive under the circumstances shall be guilty of an offense under this section and subject to injunction and penalties as provided in paragraphs (2) and (3). Action in district court for injunction. Whenever it shall appear to the Attorney General that any person is engaged in or about to engage in acts or practices constituting a violation of any provision of this section and until such complaint is dismissed by the Attorney General or set aside by a court on review, the Attorney General may in his or her discretion bring an action in the proper district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond in the interest of the public. Criminal penalties. Any person acting with the knowledge and intent to charge a price that is unreasonably excessive under the circumstances shall be guilty of an offense under this section and title 18, United States Code, and subject to imprisonment for a term not to exceed 3 years, fined an amount not to exceed $5,000,000, or both. Enforcement. The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. Multiple Offenses. In assessing the penalty provided by subsection (a) each day of a continuing violation shall be considered a separate violation. Application. In general. This section shall apply in the geographical area where the vital drug market shortage has been declared. And to all wholesalers and distributors in the chain of distribution. Inapplicable. This section shall not apply to a hospital (as defined in section 1861(e) of the Social Security Act (42 USC. 1395x(e)) or a physician (as defined in section 1861(q) of the Social Security Act (42 USC. 1395x(q)). <SECTION-HEADER> DETERMINATION OF UNREASONABLY EXCESSIVE. In General. The Attorney General, in determining whether an alleged violator's price was unreasonably excessive, shall consider whether the price reasonably reflected additional costs, not within the control of that person or company, that were paid, incurred, or reasonably anticipated by that person or company. The price reasonably reflected additional risks taken by that person or company to produce, distribute, obtain, or sell such product under the circumstances. There is a gross disparity between the challenged price and the price at which the same or similar goods were readily available in the same region and during the same Presidentially declared market shortage. The marginal benefit received by the wholesaler or distributor is significantly changed in comparison with marginal earnings in the year before a market shortage was declared. The price charged was comparable to the price at which the goods were generally available in the trade area if the wholesaler or distributor did not sell or offer to sell the prescription drug in question prior to the time a market shortage was declared. And the price was substantially attributable to local, regional, national, or international market conditions. Consultation. Not later than 1 year after the date of enactment of this Act and annually thereafter, the Attorney General or designee, shall consult with representatives of the National Association of Wholesalers, Group Purchasing Organizations, Pharmaceutical Distributors, Hospitals, Manufacturers, patients, and other interested community organizations to reassess the criteria set forth in subsection (a) in determining unreasonably excessive and prepare and submit to Congress a report on the results of the reassessment. <SECTION-HEADER> DURATION. In General. Any market shortage declared by the President in accordance with this Act shall be in effect for a period of not to exceed 6 months from the date on which the President issues the Executive order. Termination. Any market shortage declared by the President in accordance with this Act shall terminate if there is enacted a law terminating the market shortage which shall be passed by Congress after a national market shortage is declared, or the President issues a proclamation terminating the market shortage. Whichever comes first. Declaration Renewal. The President may renew the state of market shortage declared under subsection (a), if the President declares that the severe shortage continues to affect the health and well being of citizens beyond the initial 6-month period.

Protecting Patients and Hospitals From Price Gouging Act - Authorizes the President to issue an executive order declaring a market shortage for six months with regard to one or more vital drugs if the total supply of all clinically interchangeable versions of a drug regulated by the Food and Drug Administration (FDA) is inadequate to meet the current or projected demand at the user level. Defines a vital drug as any drug or biologic used to prevent or treat a serious or life-threatening disease or medical condition, for which there is no other available source with sufficient supply available. Makes it unlawful, when the President issues such an executive order, for any person to sell vital drugs at a price that: (1) is unreasonably excessive, and (2) indicates that the seller is taking unfair advantage of the circumstances related to a market shortage to increase prices unreasonably during that period. Gives the Attorney General authority to enforce penalties under this Act. Makes any person who sells, or offers to sell, any vital drug during a declared market shortage with the knowledge and intent to charge a price unreasonably excessive under the circumstances guilty of an offense and subject to injunction and penalties. Applies such sanctions, except to a hospital or a physician, in the geographical area where the vital drug market shortage has been declared and to all wholesalers and distributors in the chain of distribution. Sets forth factors for the Attorney General to consider in determining whether an alleged violator's price was unreasonably excessive. Makes a declaration under this Act terminate if: (1) there is enacted a law terminating the market shortage after a national market shortage is declared, or (2) the President issues a proclamation terminating the declaration. Authorizes the President to renew such a market shortage declaration if the severe shortage continues to affect the health and well-being of citizens beyond the initial six-month period.

A bill to prohibit prescription drug price-gouging during states of market shortage.

114_hr223

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Restoration Initiative Act of 2016''. SEC. 2. GREAT LAKES RESTORATION INITIATIVE. Section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) is amended-- (1) by striking subparagraphs (B) and (C) and inserting the following: ``(B) Focus areas.--In carrying out the Initiative, the Administrator shall prioritize programs and projects, to be carried out in coordination with non- Federal partners, that address the priority areas described in the Initiative Action Plan, including-- ``(i) the remediation of toxic substances and areas of concern; ``(ii) the prevention and control of invasive species and the impacts of invasive species; ``(iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution; ``(iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; and ``(v) accountability, monitoring, evaluation, communication, and partnership activities. ``(C) Projects.-- ``(i) In general.--In carrying out the Initiative, the Administrator shall collaborate with other Federal partners, including the Great Lakes Interagency Task Force established by Executive Order No. 13340 (69 Fed. Reg. 29043), to select the best combination of programs and projects for Great Lakes protection and restoration using appropriate principles and criteria, including whether a program or project provides-- ``(I) the ability to achieve strategic and measurable environmental outcomes that implement the Initiative Action Plan and the Great Lakes Water Quality Agreement; ``(II) the feasibility of-- ``(aa) prompt implementation; ``(bb) timely achievement of results; and ``(cc) resource leveraging; and ``(III) the opportunity to improve interagency, intergovernmental, and inter-organizational coordination and collaboration to reduce duplication and streamline efforts. ``(ii) Outreach.--In selecting the best combination of programs and projects for Great Lakes protection and restoration under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders. ``(iii) Harmful algal bloom coordinator.-- The Administrator shall designate a point person from an appropriate Federal partner to coordinate, with Federal partners and Great Lakes States, Indian tribes, and other non- Federal stakeholders, projects and activities under the Initiative involving harmful algal blooms in the Great Lakes.''; (2) in subparagraph (D)-- (A) by striking clause (i) and inserting the following: ``(i) In general.--Subject to subparagraph (J)(ii), funds made available to carry out the Initiative shall be used to strategically implement-- ``(I) Federal projects; ``(II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations; and ``(III) operations and activities of the Program Office, including remediation of sediment contamination in areas of concern.''; (B) in clause (ii)(I), by striking ``(G)(i)'' and inserting ``(J)(i)''; and (C) by inserting after clause (ii) the following: ``(iii) Agreements with non-federal entities.-- ``(I) In general.--The Administrator, or the head of any other Federal department or agency receiving funds under clause (ii)(I), may make a grant to, or otherwise enter into an agreement with, a qualified non-Federal entity, as determined by the Administrator or the applicable head of the other Federal department or agency receiving funds, for planning, research, monitoring, outreach, or implementation of a project selected under subparagraph (C), to support the Initiative Action Plan or the Great Lakes Water Quality Agreement. ``(II) Qualified non-federal entity.--For purposes of this clause, a qualified non-Federal entity may include a governmental entity, nonprofit organization, institution, or individual.''; and (3) by striking subparagraphs (E) through (G) and inserting the following: ``(E) Scope.-- ``(i) In general.--Projects may be carried out under the Initiative on multiple levels, including-- ``(I) locally; ``(II) Great Lakes-wide; or ``(III) Great Lakes basin-wide. ``(ii) Limitation.--No funds made available to carry out the Initiative may be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which financial assistance is received-- ``(I) from a State water pollution control revolving fund established under title VI; ``(II) from a State drinking water revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12); or ``(III) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.). ``(F) Activities by other federal agencies.--Each relevant Federal department or agency shall, to the maximum extent practicable-- ``(i) maintain the base level of funding for the Great Lakes activities of that department or agency without regard to funding under the Initiative; and ``(ii) identify new activities and projects to support the environmental goals of the Initiative. ``(G) Revision of initiative action plan.-- ``(i) In general.--Not less often than once every 5 years, the Administrator, in conjunction with the Great Lakes Interagency Task Force, shall review, and revise as appropriate, the Initiative Action Plan to guide the activities of the Initiative in addressing the restoration and protection of the Great Lakes system. ``(ii) Outreach.--In reviewing and revising the Initiative Action Plan under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders. ``(H) Monitoring and reporting.--The Administrator shall-- ``(i) establish and maintain a process for monitoring and periodically reporting to the public on the progress made in implementing the Initiative Action Plan; ``(ii) make information about each project carried out under the Initiative Action Plan available on a public website; and ``(iii) provide to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works a yearly detailed description of the progress of the Initiative and amounts transferred to participating Federal departments and agencies under subparagraph (D)(ii). ``(I) Initiative action plan defined.--In this paragraph, the term `Initiative Action Plan' means the comprehensive, multi-year action plan for the restoration of the Great Lakes, first developed pursuant to the Joint Explanatory Statement of the Conference Report accompanying the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (Public Law 111-88). ``(J) Funding.-- ``(i) In general.--There is authorized to be appropriated to carry out this paragraph $300,000,000 for each of fiscal years 2017 through 2021. ``(ii) Limitation.--Nothing in this paragraph creates, expands, or amends the authority of the Administrator to implement programs or projects under-- ``(I) this section; ``(II) the Initiative Action Plan; or ``(III) the Great Lakes Water Quality Agreement.''. Passed the House of Representatives April 26, 2016. Attest: KAREN L. HAAS, Clerk.

This measure has not been amended since it was reported to the House on March 23, 2016. The summary of that version is repeated here. Great Lakes Restoration Initiative Act of 2016 This bill amends the Federal Water Pollution Control Act to revise and reauthorize the Environmental Protection Agency's (EPA) Great Lakes Restoration Initiative for FY2017-FY2021. The bill restates the initiative's priorities for Great Lakes protection and restoration programs and projects, including: (1) the remediation of toxic substances and areas of concern. (2) the prevention and control of invasive species and their impacts. (3) the protection and restoration of near-shore health and the prevention and mitigation of nonpoint source pollution, (4) habitat and wildlife protection and restoration. And (5) accountability, monitoring, evaluation, communication, and partnership activities. In selecting the best combination of the initiative's programs and projects, the EPA must consult with the Great Lake states and Indian Tribes and solicit input from other non-federal stakeholders. The EPA must designate a point person from an appropriate federal partner to coordinate, with federal partners and non-federal stakeholders, the initiative's projects and activities involving harmful algal blooms in the Great Lakes. In addition to current requirements concerning the use of funds made available to carry out the initiative, the bill requires initiative funds to be used to strategically implement operations and activities of EPA's Great Lakes National Program Office, such as remediation of sediment contamination in areas of concern. The EPA or federal department or agency that receives funds under the initiative may make a grant to, or enter into an agreement with, a qualified nonfederal entity for planning, researching, monitoring, outreach, or implementation of a project that supports the Initiative Action Plan or the Great Lakes Water Quality Agreement. Projects may be carried out under the initiative on multiple levels, including at the local level. Funding made available to implement the initiative may not be used for any water infrastructure activity for which funding is made available under the Water Infrastructure Finance and Innovation Act of 2014. The EPA must review, and revise, if appropriate, the Initiative Action Plan at least once every five years. The EPA must also: (1) establish a process for monitoring and periodically reporting to the public on the plan's progress, (2) make information about each project carried out under the plan available on a public website, and (3) provide to specified congressional committees a yearly detailed description of the initiative's progress and amounts transferred to participating federal departments and agencies for carrying out activities that support the initiative.

Great Lakes Restoration Initiative Act of 2016

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Great Lakes Restoration Initiative Act of 2016". <SECTION-HEADER> GREAT LAKES RESTORATION INITIATIVE. Section 118(c)(7) of the Federal Water Pollution Control Act (33 USC. 1268(c)(7)) is amended by striking subparagraphs (B) and (C) and inserting the following: Focus areas. In carrying out the Initiative, the Administrator shall prioritize programs and projects, to be carried out in coordination with non- Federal partners, that address the priority areas described in the Initiative Action Plan, including the remediation of toxic substances and areas of concern. The prevention and control of invasive species and the impacts of invasive species. The protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution. Habitat and wildlife protection and restoration, including wetlands restoration and preservation. And accountability, monitoring, evaluation, communication, and partnership activities. Projects. In general. In carrying out the Initiative, the Administrator shall collaborate with other Federal partners, including the Great Lakes Interagency Task Force established by Executive Order No. 13340 , to select the best combination of programs and projects for Great Lakes protection and restoration using appropriate principles and criteria, including whether a program or project provides the ability to achieve strategic and measurable environmental outcomes that implement the Initiative Action Plan and the Great Lakes Water Quality Agreement, the feasibility of prompt implementation, timely achievement of results, and resource leveraging. And the opportunity to improve interagency, intergovernmental, and inter-organizational coordination and collaboration to reduce duplication and streamline efforts. Outreach. In selecting the best combination of programs and projects for Great Lakes protection and restoration under clause , the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders. Harmful algal bloom coordinator. The Administrator shall designate a point person from an appropriate Federal partner to coordinate, with Federal partners and Great Lakes States, Indian tribes, and other non- Federal stakeholders, projects and activities under the Initiative involving harmful algal blooms in the Great Lakes.". In subparagraph (D) by striking clause (i) and inserting the following: In general. Subject to subparagraph (ii), funds made available to carry out the Initiative shall be used to strategically implement Federal projects. Projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations. And operations and activities of the Program Office, including remediation of sediment contamination in areas of concern.", in clause (ii)(I), by striking "(G)(i)" and inserting "(J)(i)". And by inserting after clause (ii) the following: Agreements with non-federal entities. In general. The Administrator, or the head of any other Federal department or agency receiving funds under clause (ii)(I), may make a grant to, or otherwise enter into an agreement with, a qualified non-Federal entity, as determined by the Administrator or the applicable head of the other Federal department or agency receiving funds, for planning, research, monitoring, outreach, or implementation of a project selected under subparagraph (C), to support the Initiative Action Plan or the Great Lakes Water Quality Agreement. Qualified non-federal entity. For purposes of this clause, a qualified non-Federal entity may include a governmental entity, nonprofit organization, institution, or individual.". And by striking subparagraphs (E) through (G) and inserting the following: Scope. In general. Projects may be carried out under the Initiative on multiple levels, including locally, Great Lakes-wide. Or Great Lakes basin-wide. Limitation. No funds made available to carry out the Initiative may be used for any water infrastructure activity for which financial assistance is received from a State water pollution control revolving fund established under title VI. From a State drinking water revolving loan fund established under section 1452 of the Safe Drinking Water Act. Or pursuant to the Water Infrastructure Finance and Innovation Act of 2014 . Activities by other federal agencies. Each relevant Federal department or agency shall, to the maximum extent practicable maintain the base level of funding for the Great Lakes activities of that department or agency without regard to funding under the Initiative. And identify new activities and projects to support the environmental goals of the Initiative. Revision of initiative action plan. In general. Not less often than once every 5 years, the Administrator, in conjunction with the Great Lakes Interagency Task Force, shall review, and revise as appropriate, the Initiative Action Plan to guide the activities of the Initiative in addressing the restoration and protection of the Great Lakes system. Outreach. In reviewing and revising the Initiative Action Plan under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders. Monitoring and reporting. The Administrator shall establish and maintain a process for monitoring and periodically reporting to the public on the progress made in implementing the Initiative Action Plan. Make information about each project carried out under the Initiative Action Plan available on a public website. And provide to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works a yearly detailed description of the progress of the Initiative and amounts transferred to participating Federal departments and agencies under subparagraph (ii). Initiative action plan defined. In this paragraph, the term `Initiative Action Plan' means the comprehensive, multi-year action plan for the restoration of the Great Lakes, first developed pursuant to the Joint Explanatory Statement of the Conference Report accompanying the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 . Funding. In general. There is authorized to be appropriated to carry out this paragraph $300,000,000 for each of fiscal years 2017 through 2021. Limitation. Nothing in this paragraph creates, expands, or amends the authority of the Administrator to implement programs or projects under this section, the Initiative Action Plan. Or the Great Lakes Water Quality Agreement.". Passed the House of Representatives April 26, 2016. Attest: KAREN L. HAAS, Clerk.

This measure has not been amended since it was reported to the House on March 23, 2016. The summary of that version is repeated here. Great Lakes Restoration Initiative Act of 2016 This bill amends the Federal Water Pollution Control Act to revise and reauthorize the Environmental Protection Agency's (EPA) Great Lakes Restoration Initiative for FY2017-FY2021. The bill restates the initiative's priorities for Great Lakes protection and restoration programs and projects, including: (1) the remediation of toxic substances and areas of concern. (2) the prevention and control of invasive species and their impacts. (3) the protection and restoration of near-shore health and the prevention and mitigation of nonpoint source pollution, (4) habitat and wildlife protection and restoration. And (5) accountability, monitoring, evaluation, communication, and partnership activities. In selecting the best combination of the initiative's programs and projects, the EPA must consult with the Great Lake states and Indian Tribes and solicit input from other non-federal stakeholders. The EPA must designate a point person from an appropriate federal partner to coordinate, with federal partners and non-federal stakeholders, the initiative's projects and activities involving harmful algal blooms in the Great Lakes. In addition to current requirements concerning the use of funds made available to carry out the initiative, the bill requires initiative funds to be used to strategically implement operations and activities of EPA's Great Lakes National Program Office, such as remediation of sediment contamination in areas of concern. The EPA or federal department or agency that receives funds under the initiative may make a grant to, or enter into an agreement with, a qualified nonfederal entity for planning, researching, monitoring, outreach, or implementation of a project that supports the Initiative Action Plan or the Great Lakes Water Quality Agreement. Projects may be carried out under the initiative on multiple levels, including at the local level. Funding made available to implement the initiative may not be used for any water infrastructure activity for which funding is made available under the Water Infrastructure Finance and Innovation Act of 2014. The EPA must review, and revise, if appropriate, the Initiative Action Plan at least once every five years. The EPA must also: (1) establish a process for monitoring and periodically reporting to the public on the plan's progress, (2) make information about each project carried out under the plan available on a public website, and (3) provide to specified congressional committees a yearly detailed description of the initiative's progress and amounts transferred to participating federal departments and agencies for carrying out activities that support the initiative.

Great Lakes Restoration Initiative Act of 2016

115_hr1222

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congenital Heart Futures Reauthorization Act of 2017''. SEC. 2. NATIONAL CONGENITAL HEART DISEASE RESEARCH, SURVEILLANCE, AND AWARENESS. Section 399V-2 of the Public Health Service Act (42 U.S.C. 280g-13) is amended to read as follows: ``SEC. 399V-2. NATIONAL CONGENITAL HEART DISEASE RESEARCH, SURVEILLANCE, AND AWARENESS. ``(a) In General.--The Secretary shall, as appropriate-- ``(1) enhance and expand research and data collection efforts related to congenital heart disease, including to study and track the epidemiology of congenital heart disease to understand health outcomes for individuals with congenital heart disease across all ages; ``(2) conduct activities to improve public awareness of, and education related to, congenital heart disease, including care of individuals with such disease; and ``(3) award grants to entities to undertake the activities described in this section. ``(b) Activities.-- ``(1) In general.--The Secretary shall carry out activities, including, as appropriate, through a national cohort study and a nationally-representative, population-based surveillance system, to improve the understanding of the epidemiology of congenital heart disease in all age groups, with particular attention to-- ``(A) the incidence and prevalence of congenital heart disease in the United States; ``(B) causation and risk factors associated with, and natural history of, congenital heart disease; ``(C) health care utilization by individuals with congenital heart disease; ``(D) demographic factors associated with congenital heart disease, such as age, race, ethnicity, sex, and family history of individuals who are diagnosed with the disease; and ``(E) evidence-based practices related to care and treatment for individuals with congenital heart disease. ``(2) Permissible considerations.--In carrying out the activities under this section, the Secretary may, as appropriate-- ``(A) collect data on the health outcomes, including behavioral and mental health outcomes, of a diverse population of individuals of all ages with congenital heart disease, such that analysis of the outcomes will inform evidence-based practices for individuals with congenital heart disease; and ``(B) consider health disparities among individuals with congenital heart disease, which may include the consideration of prenatal exposures. ``(c) Awareness Campaign.--The Secretary may carry out awareness and educational activities related to congenital heart disease in individuals of all ages, which may include information for patients, family members, and health care providers, on topics such as the prevalence of such disease, the effect of such disease on individuals of all ages, and the importance of long-term, specialized care for individuals with such disease. ``(d) Public Access.--The Secretary shall ensure that, subject to subsection (e), information collected under this section is made available, as appropriate, to the public, including researchers. ``(e) Patient Privacy.--The Secretary shall ensure that the data and information collected under this section are made available in a manner that, at a minimum, protects personal privacy to the extent required by applicable Federal and State law. ``(f) Eligibility for Grants.--To be eligible to receive a grant under subsection (a)(3), an entity shall-- ``(1) be a public or private nonprofit entity with specialized experience in congenital heart disease; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $10,000,000 for each of fiscal years 2020 through 2024.''. SEC. 3. REPORT. Not later than 3 years after the date of enactment of the Congenital Heart Futures Reauthorization Act of 2017, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing any activities carried out pursuant to section 399V-2 of the Public Health Service Act (as amended by section 2), including planned activities, and a summary of any research findings and ongoing research efforts, gaps, and areas of greatest need within the Department of Health and Human Services regarding congenital heart disease in patients of all ages. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

This measure has not been amended since it was reported to the House on September 25, 2017. Congenital Heart Futures Reauthorization Act of 2017 This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Department of Health and Human Services (HHS), regarding congenital heart disease, to enhance and expand research and surveillance infrastructure. HHS must award grants to nonprofit entities to conduct a study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes. Data from the study must be made available to the public. The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research.

Congenital Heart Futures Reauthorization Act of 2017

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Congenital Heart Futures Reauthorization Act of 2017". <SECTION-HEADER> NATIONAL CONGENITAL HEART DISEASE RESEARCH, SURVEILLANCE, AND AWARENESS. Section 399V-2 of the Public Health Service Act is amended to read as follows: "Section 399V-2. NATIONAL CONGENITAL HEART DISEASE RESEARCH, SURVEILLANCE, AND AWARENESS. In General. The Secretary shall, as appropriate enhance and expand research and data collection efforts related to congenital heart disease, including to study and track the epidemiology of congenital heart disease to understand health outcomes for individuals with congenital heart disease across all ages. Conduct activities to improve public awareness of, and education related to, congenital heart disease, including care of individuals with such disease. And award grants to entities to undertake the activities described in this section. Activities. In general. The Secretary shall carry out activities, including, as appropriate, through a national cohort study and a nationally-representative, population-based surveillance system, to improve the understanding of the epidemiology of congenital heart disease in all age groups, with particular attention to the incidence and prevalence of congenital heart disease in the United States. Causation and risk factors associated with, and natural history of, congenital heart disease, health care utilization by individuals with congenital heart disease. Demographic factors associated with congenital heart disease, such as age, race, ethnicity, sex, and family history of individuals who are diagnosed with the disease. And evidence-based practices related to care and treatment for individuals with congenital heart disease. Permissible considerations. In carrying out the activities under this section, the Secretary may, as appropriate collect data on the health outcomes, including behavioral and mental health outcomes, of a diverse population of individuals of all ages with congenital heart disease, such that analysis of the outcomes will inform evidence-based practices for individuals with congenital heart disease. And consider health disparities among individuals with congenital heart disease, which may include the consideration of prenatal exposures. Awareness Campaign. The Secretary may carry out awareness and educational activities related to congenital heart disease in individuals of all ages, which may include information for patients, family members, and health care providers, on topics such as the prevalence of such disease, the effect of such disease on individuals of all ages, and the importance of long-term, specialized care for individuals with such disease. Public Access. The Secretary shall ensure that, subject to subsection (e), information collected under this section is made available, as appropriate, to the public, including researchers. Patient Privacy. The Secretary shall ensure that the data and information collected under this section are made available in a manner that, at a minimum, protects personal privacy to the extent required by applicable Federal and State law. Eligibility for Grants. To be eligible to receive a grant under subsection (a)(3), an entity shall be a public or private nonprofit entity with specialized experience in congenital heart disease. And submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Authorization of Appropriations. To carry out this section, there are authorized to be appropriated $10,000,000 for each of fiscal years 2020 through 2024.". <SECTION-HEADER> REPORT. Not later than 3 years after the date of enactment of the Congenital Heart Futures Reauthorization Act of 2017, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing any activities carried out pursuant to section 399V-2 of the Public Health Service Act , including planned activities, and a summary of any research findings and ongoing research efforts, gaps, and areas of greatest need within the Department of Health and Human Services regarding congenital heart disease in patients of all ages. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

This measure has not been amended since it was reported to the House on September 25, 2017. Congenital Heart Futures Reauthorization Act of 2017 This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Department of Health and Human Services (HHS), regarding congenital heart disease, to enhance and expand research and surveillance infrastructure. HHS must award grants to nonprofit entities to conduct a study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes. Data from the study must be made available to the public. The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research.

Congenital Heart Futures Reauthorization Act of 2017

103_hr698

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lechuguilla Cave Protection Act of 1993''. SEC. 2. FINDING. Congress finds that Lechuguilla Cave and adjacent public lands have internationally significant scientific, environmental, and other values, and should be retained in public ownership and protected against adverse effects of mineral exploration and development and other activities presenting threats to the areas. SEC. 3. LAND WITHDRAWAL. (a) Withdrawal.--Subject to valid existing rights, all Federal lands within the boundaries of the cave protection area described in subsection (b) are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and all amendments thereto. (b) Land Description.--The cave protection area referred to in subsection (a) shall consist of approximately 6,280 acres of lands in New Mexico as generally depicted on the map entitled ``Lechuguilla Cave Protection Area'' numbered 130/80,055 and dated April 1993. (c) Publication, Filing, Correction, and Inspection.--(1) As soon as practicable after the date of enactment of this Act, the Secretary of the Interior (hereinafter referred to as the ``Secretary'') shall publish in the Federal Register the legal description of the lands withdrawn under subsection (a) and shall file such legal description and a detailed map with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. (2) Such map and legal description shall have the same force and effect as if included in this Act except that the Secretary may correct clerical and typographical errors. (3) Copies of such map and legal description shall be available for inspection in the appropriate offices of the Bureau of Land Management. SEC. 4. MANAGEMENT OF EXISTING LEASES. (a) Suspension.--The Secretary shall not permit any new drilling on or involving any Federal mineral or geothermal lease within the cave protection area referred to in section 3(a) until the effective date of the Record of Decision for the Dark Canyon Environmental Impact Statement, or for 12 months after the date of enactment of this Act, whichever occurs first. (b) Authority To Cancel Existing Mineral or Geothermal Leases.--Upon the effective date of the Record of Decision for the Dark Canyon Environmental Impact Statement and in order to protect Lechuguilla Cave or other cave resources, the Secretary is authorized to-- (1) cancel any Federal mineral or geothermal lease in the cave protection area referred to in section 3(a); or (2) enter into negotiations with the holder of a Federal mineral or geothermal lease in the cave protection area referred to in section 3(a) to determine appropriate compensation, if any, for the complete or partial termination of such lease. SEC. 5. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS. (a) In General.--In order to protect Lechuguilla Cave or Federal lands within the cave protection area, the Secretary, subject to valid existing rights, may limit or prohibit access to or across lands owned by the United States or prohibit the removal from such lands of any mineral, geological, or cave resources: Provided, That existing access to private lands within the cave protection area shall not be affected by this subsection. (b) No Effect on Pipelines.--Nothing in this title shall have the effect of terminating any validly issued right-of-way, or customary operation, maintenance, repair, and replacement activities in such right-of-way; prohibiting the upgrading of and construction on existing facilities in such right-of-way for the purpose of increasing capacity of the existing pipeline; or prohibiting the renewal of such right-of- way within the cave protection area referred to in section 3(a). (c) Relation to Other Laws.--Nothing in this Act shall be construed as increasing or diminishing the ability of any party to seek compensation pursuant to other applicable law, including but not limited to the Tucker Act (28 U.S.C. 1491), or as precluding any defenses or claims otherwise available to the United States in connection with any action seeking such compensation from the United States. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated such sums as may be necessary to carry out this Act: Provided, That no funds shall be made available except to the extent, or in such amounts as are provided in advance in appropriation Acts. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Lechuguilla Cave Protection Act of 1993 - Withdraws all Federal lands within the boundaries of the Lechuguilla Cave Protection Area, New Mexico, from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under US mining laws, and from disposition under all mineral and geothermal leasing laws. Prohibits the Secretary of the Interior from permitting any new drilling within the Protection Area until the earlier of the effective date of the Record of Decision for the Dark Canyon Environmental Impact Statement or 12 months after enactment of this Act. Authorizes the Secretary to cancel any Federal mineral or geothermal lease in the Protection Area or to enter into negotiations with the holder of the lease to determine appropriate compensation, for the complete or partial termination of such lease. Authorizes the Secretary to limit or prohibit access to or across Federal lands or prohibit the removal of any mineral, geological, or cave resources from such lands in order to protect Lechuguilla Cave or Federal lands within the Protection Area. Provides that access to private lands within the Protection Area shall not be affected by this Act. Authorizes appropriations.

Lechuguilla Cave Protection Act of 1993

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Lechuguilla Cave Protection Act of 1993". <SECTION-HEADER> FINDING. Congress finds that Lechuguilla Cave and adjacent public lands have internationally significant scientific, environmental, and other values, and should be retained in public ownership and protected against adverse effects of mineral exploration and development and other activities presenting threats to the areas. <SECTION-HEADER> LAND WITHDRAWAL. Withdrawal. Subject to valid existing rights, all Federal lands within the boundaries of the cave protection area described in subsection (b) are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws. From location, entry, and patent under the United States mining laws. And from disposition under all laws pertaining to mineral and geothermal leasing, and all amendments thereto. Land Description. The cave protection area referred to in subsection (a) shall consist of approximately 6,280 acres of lands in New Mexico as generally depicted on the map entitled "Lechuguilla Cave Protection Area" numbered 13080,055 and dated April 1993. Publication, Filing, Correction, and Inspection. (1) As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall publish in the Federal Register the legal description of the lands withdrawn under subsection (a) and shall file such legal description and a detailed map with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Such map and legal description shall have the same force and effect as if included in this Act except that the Secretary may correct clerical and typographical errors. Copies of such map and legal description shall be available for inspection in the appropriate offices of the Bureau of Land Management. <SECTION-HEADER> MANAGEMENT OF EXISTING LEASES. Suspension. The Secretary shall not permit any new drilling on or involving any Federal mineral or geothermal lease within the cave protection area referred to in section 3(a) until the effective date of the Record of Decision for the Dark Canyon Environmental Impact Statement, or for 12 months after the date of enactment of this Act, whichever occurs first. Authority To Cancel Existing Mineral or Geothermal Leases. Upon the effective date of the Record of Decision for the Dark Canyon Environmental Impact Statement and in order to protect Lechuguilla Cave or other cave resources, the Secretary is authorized to cancel any Federal mineral or geothermal lease in the cave protection area referred to in section 3(a). Or enter into negotiations with the holder of a Federal mineral or geothermal lease in the cave protection area referred to in section 3(a) to determine appropriate compensation, if any, for the complete or partial termination of such lease. <SECTION-HEADER> ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS. In General. In order to protect Lechuguilla Cave or Federal lands within the cave protection area, the Secretary, subject to valid existing rights, may limit or prohibit access to or across lands owned by the United States or prohibit the removal from such lands of any mineral, geological, or cave resources: Provided, That existing access to private lands within the cave protection area shall not be affected by this subsection. No Effect on Pipelines. Nothing in this title shall have the effect of terminating any validly issued right-of-way, or customary operation, maintenance, repair, and replacement activities in such right-of-way. Prohibiting the upgrading of and construction on existing facilities in such right-of-way for the purpose of increasing capacity of the existing pipeline. Or prohibiting the renewal of such right-of- way within the cave protection area referred to in section 3(a). Relation to Other Laws. Nothing in this Act shall be construed as increasing or diminishing the ability of any party to seek compensation pursuant to other applicable law, including but not limited to the Tucker Act , or as precluding any defenses or claims otherwise available to the United States in connection with any action seeking such compensation from the United States. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated such sums as may be necessary to carry out this Act: Provided, That no funds shall be made available except to the extent, or in such amounts as are provided in advance in appropriation Acts. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Lechuguilla Cave Protection Act of 1993 - Withdraws all Federal lands within the boundaries of the Lechuguilla Cave Protection Area, New Mexico, from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under US mining laws, and from disposition under all mineral and geothermal leasing laws. Prohibits the Secretary of the Interior from permitting any new drilling within the Protection Area until the earlier of the effective date of the Record of Decision for the Dark Canyon Environmental Impact Statement or 12 months after enactment of this Act. Authorizes the Secretary to cancel any Federal mineral or geothermal lease in the Protection Area or to enter into negotiations with the holder of the lease to determine appropriate compensation, for the complete or partial termination of such lease. Authorizes the Secretary to limit or prohibit access to or across Federal lands or prohibit the removal of any mineral, geological, or cave resources from such lands in order to protect Lechuguilla Cave or Federal lands within the Protection Area. Provides that access to private lands within the Protection Area shall not be affected by this Act. Authorizes appropriations.

Lechuguilla Cave Protection Act of 1993

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Safety Net Enhancement Act of 2013''. SEC. 2. CONSTITUTIONAL AUTHORITY. The constitutional authority upon which this Act rests is the power of the Congress to provide for the general welfare, to regulate commerce, and to make all laws which shall be necessary and proper for carrying into execution Federal powers, as enumerated in section 8 of article I of the Constitution of the United States. SEC. 3. PROTECTION FOR EMERGENCY AND RELATED SERVICES FURNISHED PURSUANT TO EMTALA. Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g)) is amended-- (1) in paragraph (4), by striking ``An entity'' and inserting ``Subject to paragraph (6), an entity''; and (2) by adding at the end the following: ``(6)(A) For purposes of this section-- ``(i) an entity described in subparagraph (B) shall be considered to be an entity described in paragraph (4); and ``(ii) the provisions of this section shall apply to an entity described in subparagraph (B) in the same manner as such provisions apply to an entity described in paragraph (4), except that-- ``(I) notwithstanding paragraph (1)(B), the deeming of any entity described in subparagraph (B), or of an officer, governing board member, employee, contractor, or on-call provider of such an entity, to be an employee of the Public Health Service for purposes of this section shall apply only with respect to items and services that are furnished to an individual pursuant to section 1867 of the Social Security Act and to post stabilization services (as defined in subparagraph (D)) furnished to such an individual; ``(II) nothing in paragraph (1)(D) shall be construed as preventing a physician or physician group described in subparagraph (B)(ii) from making the application referred to in such paragraph or as conditioning the deeming of a physician or physician group that makes such an application upon receipt by the Secretary of an application from the hospital or emergency department that employs or contracts with the physician or group, or enlists the physician or physician group as an on-call provider; ``(III) notwithstanding paragraph (3), this paragraph shall apply only with respect to causes of action arising from acts or omissions that occur on or after January 1, 2014; ``(IV) paragraph (5) shall not apply to a physician or physician group described in subparagraph (B)(ii); ``(V) the Attorney General, in consultation with the Secretary, shall make separate estimates under subsection (k)(1) with respect to entities described in subparagraph (B) and entities described in paragraph (4) (other than those described in subparagraph (B)), and the Secretary shall establish separate funds under subsection (k)(2) with respect to such groups of entities, and any appropriations under this subsection for entities described in subparagraph (B) shall be separate from the amounts authorized by subsection (k)(2); ``(VI) notwithstanding subsection (k)(2), the amount of the fund established by the Secretary under such subsection with respect to entities described in subparagraph (B) may exceed a total of $10,000,000 for a fiscal year; and ``(VII) subsection (m) shall not apply to entities described in subparagraph (B). ``(B) An entity described in this subparagraph is-- ``(i) a hospital or an emergency department to which section 1867 of the Social Security Act applies; and ``(ii) a physician or physician group that is employed by, is under contract with, or is an on-call provider of such hospital or emergency department, to furnish items and services to individuals under such section. ``(C) For purposes of this paragraph, the term `on-call provider' means a physician or physician group that-- ``(i) has full, temporary, or locum tenens staff privileges at a hospital or emergency department to which section 1867 of the Social Security Act applies; and ``(ii) is not employed by or under contract with such hospital or emergency department, but agrees to be ready and available to provide services pursuant to section 1867 of the Social Security Act or post- stabilization services to individuals being treated in the hospital or emergency department with or without compensation from the hospital or emergency department. ``(D) For purposes of this paragraph, the term `post stabilization services' means, with respect to an individual who has been treated by an entity described in subparagraph (B) for purposes of complying with section 1867 of the Social Security Act, services that are-- ``(i) related to the condition that was so treated; and ``(ii) provided after the individual is stabilized in order to maintain the stabilized condition or to improve or resolve the condition of the individual. ``(E)(i) Nothing in this paragraph (or in any other provision of this section as such provision applies to entities described in subparagraph (B) by operation of subparagraph (A)) shall be construed as authorizing or requiring the Secretary to make payments to such entities, the budget authority for which is not provided in advance by appropriation Acts. ``(ii) The Secretary shall limit the total amount of payments under this paragraph for a fiscal year to the total amount appropriated in advance by appropriation Acts for such purpose for such fiscal year. If the total amount of payments that would otherwise be made under this paragraph for a fiscal year exceeds such total amount appropriated, the Secretary shall take such steps as may be necessary to ensure that the total amount of payments under this paragraph for such fiscal year does not exceed such total amount appropriated.''.

Health Care Safety Net Enhancement Act of 2013 - Amends the Public Health Service Act to deem a hospital or an emergency department and a physician or physician group of such hospital or emergency department to be an employee of the Public Health Service for purposes of any civil action that may arise due to providing emergency and post-stabilization services on or after January 1, 2014.

Health Care Safety Net Enhancement Act of 2013

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Health Care Safety Net Enhancement Act of 2013". <SECTION-HEADER> CONSTITUTIONAL AUTHORITY. The constitutional authority upon which this Act rests is the power of the Congress to provide for the general welfare, to regulate commerce, and to make all laws which shall be necessary and proper for carrying into execution Federal powers, as enumerated in section 8 of article I of the Constitution of the United States. <SECTION-HEADER> PROTECTION FOR EMERGENCY AND RELATED SERVICES FURNISHED PURSUANT TO EMTALA. Section 224(g) of the Public Health Service Act (42 USC. 233(g)) is amended in paragraph (4), by striking "An entity" and inserting "Subject to paragraph (6), an entity". And by adding at the end the following: (A) For purposes of this section an entity described in subparagraph (B) shall be considered to be an entity described in paragraph. And the provisions of this section shall apply to an entity described in subparagraph (B) in the same manner as such provisions apply to an entity described in paragraph (4), except that notwithstanding paragraph (1)(B), the deeming of any entity described in subparagraph , or of an officer, governing board member, employee, contractor, or on-call provider of such an entity, to be an employee of the Public Health Service for purposes of this section shall apply only with respect to items and services that are furnished to an individual pursuant to section 1867 of the Social Security Act and to post stabilization services (as defined in subparagraph (D)) furnished to such an individual. Nothing in paragraph (1)(D) shall be construed as preventing a physician or physician group described in subparagraph (ii) from making the application referred to in such paragraph or as conditioning the deeming of a physician or physician group that makes such an application upon receipt by the Secretary of an application from the hospital or emergency department that employs or contracts with the physician or group, or enlists the physician or physician group as an on-call provider. Notwithstanding paragraph (3), this paragraph shall apply only with respect to causes of action arising from acts or omissions that occur on or after January 1, 2014. Paragraph (5) shall not apply to a physician or physician group described in subparagraph (B)(ii). The Attorney General, in consultation with the Secretary, shall make separate estimates under subsection (k)(1) with respect to entities described in subparagraph (B) and entities described in paragraph (4) (other than those described in subparagraph (B)), and the Secretary shall establish separate funds under subsection (k)(2) with respect to such groups of entities, and any appropriations under this subsection for entities described in subparagraph (B) shall be separate from the amounts authorized by subsection (k)(2). Notwithstanding subsection (k)(2), the amount of the fund established by the Secretary under such subsection with respect to entities described in subparagraph (B) may exceed a total of $10,000,000 for a fiscal year. And subsection (m) shall not apply to entities described in subparagraph (B). An entity described in this subparagraph is a hospital or an emergency department to which section 1867 of the Social Security Act applies. And a physician or physician group that is employed by, is under contract with, or is an on-call provider of such hospital or emergency department, to furnish items and services to individuals under such section. For purposes of this paragraph, the term `on-call provider' means a physician or physician group that has full, temporary, or locum tenens staff privileges at a hospital or emergency department to which section 1867 of the Social Security Act applies. And is not employed by or under contract with such hospital or emergency department, but agrees to be ready and available to provide services pursuant to section 1867 of the Social Security Act or post- stabilization services to individuals being treated in the hospital or emergency department with or without compensation from the hospital or emergency department. For purposes of this paragraph, the term `post stabilization services' means, with respect to an individual who has been treated by an entity described in subparagraph (B) for purposes of complying with section 1867 of the Social Security Act, services that are related to the condition that was so treated. And provided after the individual is stabilized in order to maintain the stabilized condition or to improve or resolve the condition of the individual. (i) Nothing in this paragraph (or in any other provision of this section as such provision applies to entities described in subparagraph (B) by operation of subparagraph (A)) shall be construed as authorizing or requiring the Secretary to make payments to such entities, the budget authority for which is not provided in advance by appropriation Acts. The Secretary shall limit the total amount of payments under this paragraph for a fiscal year to the total amount appropriated in advance by appropriation Acts for such purpose for such fiscal year. If the total amount of payments that would otherwise be made under this paragraph for a fiscal year exceeds such total amount appropriated, the Secretary shall take such steps as may be necessary to ensure that the total amount of payments under this paragraph for such fiscal year does not exceed such total amount appropriated.".

Health Care Safety Net Enhancement Act of 2013 - Amends the Public Health Service Act to deem a hospital or an emergency department and a physician or physician group of such hospital or emergency department to be an employee of the Public Health Service for purposes of any civil action that may arise due to providing emergency and post-stabilization services on or after January 1, 2014.

Health Care Safety Net Enhancement Act of 2013