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+{"_id":"c0","text":".--\n            (1) Definition.--For purposes of this section, a joint \n        resolution means a resolution introduced by any Member of \n        Congress after the date the notification described in section 3 \n        is received, the resolving clause of which contains only the \n        following: ``That Congress does not agree with the \n        justification contained in the notification submitted by the \n        President pursuant to the China Nonproliferation Act on \n        ______________ and that the President shall exercise the \n        mandatory measures under section 4 of the Act and one or all of \n        the tier ____ measures under that Act.''; with the first blank \n        space being filled with the appropriate date and the second \n        blank space being filled with the appropriate tier.\n            (2) Referral to committee.--\n                    (A) Senate.--A joint resolution introduced in the \n                Senate shall be referred to the Committee on Foreign \n                Relations of the Senate.\n                    (B) House of representatives.--A joint resolution \n                introduced in the House of Representatives shall be \n                referred to the Committee on International Relations of \n                the House of Representatives.\n                    (C) Reporting.--A joint resolution may not be \n                reported before the 8th day after the date on which the \n                joint resolution is introduced.\n            (3) Discharge of committee.--If the committee to which a \n        joint resolution is referred in either House has not reported \n        the joint resolution (or an identical joint resolution) at the \n        end of 15 calendar days during which that House is in \nsession after the date on which the joint resolution is introduced--\n                    (A) the committee shall be deemed to be discharged \n                from further consideration of the joint resolution; and\n                    (B) the joint resolution shall be placed on the \n                appropriate calendar of that House.\n            (4) Floor consideration.--\n                    (A) In general.--\n                            (i) Motion to proceed to consideration.--\n                        When the committee to which a joint resolution \n                        is referred in either House has reported, or \n                        has been deemed to be discharged (under \n                        paragraph (3)) from further consideration of, a \n                        joint resolution--\n                                    (I) it is at any time thereafter in \n                                order (even though a previous motion to \n                                the same effect has been disagreed to) \n                                for any Member of that House to move to \n                                proceed to the consideration of the \n                                joint resolution; and\n                                    (II) all points of order against \n                                the joint resolution (and against \n                                consideration of the joint resolution) \n                                are waived.\n                            (ii) Treatment of motion.--A motion under \n                        clause (i)--\n                                    (I) is privileged in the Senate and \n                                is highly privileged in the House of \n                                Representatives;\n                                    (II) is not debatable; and\n                                    (III) is not subject to amendment, \n                                a motion to postpone, or a motion to \n                                proceed to the consideration of other \n                                business.\n                            (iii) No motion to reconsider.--A motion to \n                        reconsider the vote by which a motion under \n                        clause (i) is agreed to or disagreed to shall \n                        not be in order.\n                            (iv) Agreement to motion.--If a motion \n                        under clause (i) is agreed to, the joint \n                        resolution shall remain the unfinished business \n                        of the House until the House disposes of the \n                        joint resolution.\n                    (B) Debate.--\n                            (i) Time.--Debate on a joint resolution, \n                        and on all debatable motions and appeals in \n                        connection with consideration of a joint \n                        resolution, shall be limited to not more than \n                        10 hours, which shall be divided equally \n                        between those favoring and those opposing the \n                        joint resolution. A motion further to limit \n                        debate is in order and not debatable.\n                            (ii) Amendments and motions out of order.--\n                        An amendment to a joint resolution, a motion to \n                        postpone, to proceed to the consideration of \n                        other business, or to recommit such a joint \n                        resolution, or a motion to reconsider the vote \n                        by which such a joint resolution is agreed to \n                        or disagreed to is not in order.\n                    (C) Vote on final passage.--A vote on final passage \n                of the joint resolution shall be taken in each House on \n                or before the close of the 15th calendar day during \n                which that House is in session after the resolution is \n                reported by the committee of that House to which it was \n                referred, or after the committee has been discharged \n                from further consideration of the resolution.\n                    (D) Rulings of the chair of procedure.--Appeals \n                from the decisions of the Chair relating to the \n                application of the rules of either House to the \n                procedure relating to a joint resolution shall be \n                decided without debate.\n            (5) Coordination with action by other house.--\n                    (A) In general.--If, before the passage by 1 House \n                of a joint resolution of that House, that House \n                receives from the other House a joint resolution, the \n                procedures stated in this paragraph shall apply.\n                    (B) No referral.--The joint resolution of the other \n                House shall not be referred to a committee.\n                    (C) Procedure.--With respect to a joint resolution \n                of the House receiving the joint resolution--\n                            (i) the procedure in that House shall be \n                        the same as if no joint resolution had been \n                        received from the other House; but\n                            (ii) the vote on final passage shall be on \n                        the joint resolution of the other House.\n            (6) Rules of the senate and the house of representatives.--\n        This subsection is enacted by Congress--\n                    (A) as an exercise of the rulemaking power of the \n                Senate and the House of Representatives, respectively; \n                and\n                            (i) is deemed a part of the rules of each \n                        House, respectively, but applicable only with \n                        respect to the procedure to be followed in that \n                        House in the case of a joint resolution; and\n                            (ii) supersedes other rules only to the \n                        extent that the subsection is inconsistent with \n                        those rules; and\n                    (B) with full recognition of the constitutional \n                right of either House to change the rules (so far as \n                the rules relate to the procedure of that House) at any \n                time, in the same manner and to the same extent as in \n                the case of any other rule of that House.\n\nSEC. 7. DETERMINATION EXEMPTING PERSON OR THE PEOPLE'S REPUBLIC OF \n              CHINA FROM SECTIONS 4 AND 5.\n\n    (a) In General.--Sections 4 and 5 shall not apply to a person or to \nthe People's Republic of China 15 days after the President reports to \nthe Committee on International Relations of the House of \nRepresentatives, the Committee on Foreign Relations of the Senate, the \nCommittee on Armed Services of the Senate, the Select Committee on \nIntelligence of the Senate, and the Committee on Governmental Affairs \nof the Senate, that the President has determined, on the basis of \ninformation provided by that person, or otherwise obtained by the \nPresident, that--\n            (1) the person did not, on or after January 1, 2000, \n        knowingly transfer to or export from the People's Republic of \n        China the goods, services, or technology the apparent transfer \n        or export of which caused that person to be identified in a \n        report submitted pursuant to section 3(a);\n            (2) the person is subject to the primary jurisdiction of a \n        government that is an adherent to one or more relevant \n        nonproliferation regimes, the person was identified in a report \n        submitted pursuant to section 3(a) with respect to a transfer \n        of goods, services, or technology described in section 3(a)(1), \n        and such transfer was made consistent with the guidelines and \n        parameters of all such relevant regimes of which such \n        government is an adherent; or\n            (3) it is important to the national security of the United \n        States not to apply the provisions of section 4 or 5.\n    (b) Opportunity To Provide Information.--Congress urges the \nPresident--\n            (1) in every appropriate case, to contact in a timely \n        fashion each person identified in each report submitted \n        pursuant to section 3(a), or the government with primary \n        jurisdiction over such person, in order to afford such person \n        or government, the opportunity to provide explanatory, \n        exculpatory, or other additional information with respect to \n        the transfer that caused such person to be identified in a \n        report submitted pursuant to section 3(a); and\n            (2) to exercise the authority in subsection (a) in all \n        cases where information obtained from a foreign person \n        identified in a report submitted pursuant to section 3(a), or \n        from the government with primary jurisdiction over such person, \n        establishes that the exercise of such authority is warranted.\n    (c) Submission in Classified Form.--The determination and report of \nthe President under subsection (a) should be submitted in unclassified \nform, with classified annexes as necessary.\n\nSEC. 8. NOTIFICATION TO SECURITIES COMMISSION OF INCLUSION IN REPORT.\n\n    (a) Definitions.--In this section, the following definitions shall \napply:\n            (1) Commission.--The term ``Commission'' means the \n        Securities and Exchange Commission.\n            (2) Registered national securities association.--The term \n        ``registered national securities association'' means an \n        association registered under section 15A(b) of the Securities \n        Exchange Act of 1934 (15 U.S.C. 78o-3(b)).\n            (3) Registered national securities exchange.--The term \n        ``registered national securities exchange'' means a national \n        securities exchange registered under 6 of the Securities \n        Exchange Act of 1934 (15 U.S.C. 78f).\n            (4) Registration statement.--The term ``registration \n        statement'' has the same meaning as in section 2 of the \n        Securities Act of 1933 (15 U.S.C. 77b).\n            (5) Securities laws.--The terms ``securities laws'' and \n        ``security'' have the same meanings as in section 3 of the \n        Securities Exchange Act of 1934 (15 U.S.C. 78c).\n    (b) Notification to the Commission.--Each report prepared by the \nPresident under section 3 shall be transmitted to the Commission at the \ntimes specified in section 3(b).\n    (c) Regulations.--Not later than 6 months after the date of \nenactment of this Act, the Commission shall promulgate regulations--\n            (1) to ensure that securities investors are notified of the \n        identity of any person included in a report prepared by the \n        President under section 3, the securities of which are listed, \n        or authorized for listing, on a registered national securities \n        exchange (or tier or segment thereof) or by a registered \n        national securities association; and\n            (2) to require each person included in a report of the \n        President under section 3 to provide notice of such inclusion \n        in each written report, statement, or other filing or notice \n        required from that person under the securities laws, \n        including--\n                    (A) any registration statement;\n                    (B) any annual or quarterly report, statement, or \n                other filing or notice;\n                    (C) any proxy, consent, authorization, information \n                statement, or other notice required to be sent to \n                shareholders with respect to any security registered \n                pursuant to the securities laws;\n                    (D) any report, statement, or other filing or \n                notice required in connection with an initial public \n                offering; and\n                    (E) any report, statement, or other filing required \n                in connection with a merger, acquisition, tender offer, \n                or similar transaction.","title":""}
+{"_id":"c1","text":"67 with respect to deficit reduction are \namended to reflect the total reductions provided in section 2(b).\n    (b) Defense Discretionary.--The assumptions included in the \nconference report on House Concurrent Resolution 67 with respect to \nreductions in defense discretionary spending shall be assumed to \ninclude the following:\n            (1) Limit defense spending in fiscal year 1996 to \n        $244,000,000,000, in fiscal year 1997 to $241,000,000,000, in \n        fiscal year 1998 to $248,000,000,000, in fiscal year 1999 to \n        $254,000,000,000, and in fiscal year 2000 to $261,000,000,000.\n            (2) Terminate production of Trident D5 submarine launched \n        ballistic missiles after 1996.\n            (3) Phase out over five years the equivalent of two Army \n        light divisions.\n            (4) Deny unemployment compensation to service members who \n        voluntarily leave the service.\n            (5) Close the Uniformed Services University of the Health \n        Sciences, with the last class admitted in 1995 and all \n        activities halted on that class' graduation in 1999.\n            (6) Rather than replacing or revitalizing existing \n        Department of Defense Housing Stock, increase reliance on \n        private-sector housing for military families by making service \n        personnel eligible for a cash housing allowance regardless of \n        whether they live in Department of Defense or private-sector \nunits and charging market-driven rent for Department of Defense \nhousing.\n            (7) Reduce the Intelligence budget by $300 million in each \n        of fiscal years 1996, 1997, 1998, 1999, and 2000.\n            (8) Encourage private ownership of industrial assets used \n        in defense production by granting the General Services \n        Administration clear authority to negotiate sale of equipment \n        to the holding contractor in situations in which continued \n        Department of Defense ownership is not necessary, and by \n        requiring contractors in the future to rent or lease such \n        equipment from the Department of Defense if they demonstrate it \n        is in the Department of Defense's interest to provide the \n        equipment.\n            (9) Increase burdensharing by the Republic of Korea by \n        requiring it to increase its contribution to include all \n        payments of Korean won-based labor costs of local employees \n        working for the United States military and support services \n        contracts.\n            (10) Procure the most cost-effective mix of C-17's and \n        commercial airlifters.\n            (11) Cancel the Army's Tank Upgrade Program and lay-away \n        production facilities, deactivating but preserving the \n        Government-owned tank manufacturing facilities.\n            (12) While retaining the number of nuclear warheads \n        permitted by the Strategic Arms Reduction Treaty II (START II), \n        reduce the strategic delivery system structure to 300 Minuteman \n        III ICBM's, 10 Trident submarines each carrying 24 missiles \n        with 7 warheads; 66 B-52H bombers, each carrying 16 warheads; \n        and 20 B-2 bombers, each carrying 16 warheads.\n            (13) Repeal the Civilian Marksmanship Program.\n            (14) Terminate all funding for the Selective Service System \n        except to terminate the program.\n            (15) Limit the mission of the Ballistic Missile Defense \n        Organization to Theater Missile Defense and Terminate its other \n        projects.\n            (16) Terminate the National Aerospace Plane Program.\n            (17) Scale back weapons production and maintenance \n        activities at the Department of Energy to support an arsenal of \n        4,000 warheads.\n    (c) Nondefense Discretionary.--The assumptions included in the \nconference report on House Concurrent Resolution 67 with respect to \nreductions in non-defense discretionary spending shall be assumed to \ninclude the following:\n            (1) Terminate NASA's support for producers of commercial \n        airlines.\n            (2) Consolidate and downsize Overseas Broadcasting by \n        capping funding to Radio Free Europe and Radio Liberty at the \n        level of $75 million per year.\n            (3) Terminate funding for the Puget Sound Naval Shipyard \n        Recreational Facility and rescind all unobligated prior \n        appropriations.\n            (4) Terminate the International Space Station Program.\n            (5) Terminate the High-Temperature Gas Reactor Program, \n        also known as the Gas Turbine-Modular Helium Reactor.\n            (6) Phase in over five years a reduction of 25 percent of \n        fiscal year 1995 appropriations for research and development \n        programs for fossil, nuclear, and fusion energy.\n            (7) Allow private producers to build and operate co-\n        generation facilities at Federal civilian installations, paying \n        all construction costs and assuming all financial risks.\n            (8) Reduce electrification and telephone credit subsidies \n        to rural utilities services to levels calculated to result in \n        electricity and telephone consumer costs equivalent to those \n        for consumers in the service areas of unsubsidized electric and \n        telephone companies.\n            (9) Offer for sale the Naval Petroleum Reserve Number 1, \n        located at Elk Hills, California.\n            (10) Prohibit the sale of timber from national forests at a \n        price insufficient to recover fully the Forest Service's \n        associated costs for timber management, reforestation, \n        construction, and maintenance of logging roads, payments to \n        States, and other timber program costs.\n            (11) Limit the level of Federal support for agricultural \n        research and extension activities to 90 percent of the fiscal \n        year 1995 level for fiscal years 1996 through 2000.\n            (12) Terminate the Interstate Commerce Commission and \n        transfer its motor carrier safety responsibilities to the \n        Department of Transportation.\n            (13) Terminate the U.S. Travel and Tourism Administration \n        in 1997.\n            (14) Terminate the Pennsylvania Avenue Development \n        Corporation.\n            (15) Align the method of computing cost-of-living \n        adjustment of the compensation for members of Congress with \n        compensation for civil servants.\n            (16) Limit the number of days Senior Executive Service \n        employees may accrue as annual leave to 30.\n            (17) Permanently reduce the number of political appointees \n        to 2,000.\n\nSEC. 4. DIRECT SPENDING REDUCTIONS.\n\n    (a) Sales of Electric Power By the Power Marketing \nAdministrations.--Notwithstanding any other law governing sales of \nelectric power by the Alaska Power Marketing Administration, Bonneville \nPower Marketing Administration, Southern Power Marketing \nAdministration, Southeastern Power Marketing Administration, or Western \nArea Power Marketing Administration (each of which is referred to in \nthis subsection as the ``Administration'')--\n            (1) offers of sales of electric power by the Administration \n        shall be made on a nonpreferential basis to public bodies and \n        cooperatives and private persons;\n            (2) sales of electric power by the Administration shall be \n        made to the persons offering the highest price for the power; \n        and\n            (3) the Administration shall not be required to acquire for \n        sale to any public body or cooperative or any other person any \n        amount of electric power in excess of that generated by the \n        projects from which the Administration sells power.\n    (b) Spent Nuclear Waste Storage Fees.--Section 136(a)(3) of the \nNuclear Waste Policy Act of 1982 (42 U.S.C. 10156(a)(3)) is amended--\n            (1) by striking ``(3) Fees'' and inserting the following:\n            ``(3) Fees.--\n                    ``(A) In general.--Fees''; and\n            (2) by adding at the end the following:\n                    ``(B) Adjustment for inflation.--On and after the \n                date of enactment of this subparagraph, the amount of \n                the storage fees established under subparagraph (A) \n                shall be adjusted annually on October 1 to account for \n                inflation since the date of enactment of this Act.\n                    ``(C) Deadline for payment.--The principal amount \n                of all storage fees established under subparagraph (A) \n                shall be paid by September 30, 1997, and all of the \n                interest accrued or all storage fees shall be paid by \n                September 30, 1998.''.\n    (c) Expansion and Extension of Authority to Use Competitive \nBidding.--\n            (1) Licenses and permits subject to competitive bidding.--\n        Subsection (j) of section 309 of the Communications Act of 1934 \n        (47 U.S.C. 309) is amended--\n                    (A) in paragraph (1), by striking out ``described \n                in paragraph (2)''; and\n                    (B) by striking out paragraph (2).\n            (2) Permanent authority.--Such subsection is further \n        amended by striking out paragraph (11).\n            (3) Conforming repeal of random selection authority.--Such \n        section is further amended by striking out subsection (i).\n    (d) Termination of Price Support and Production Adjustment Programs \nfor Sugar Beets and Sugarcane.--\n            (1) Termination of price support program.--\n                    (A) Price support levels for designated nonbasic \n                agricultural commodities.--Section 201(a) of the \n                Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended \n                by striking ``milk, sugar beets, and sugarcane'' and \n                inserting ``and milk''.\n                    (B) Sugar price support.--Section 206 of the Act (7 \n                U.S.C. 1446g) is repealed.\n                    (C) Benefits.--Section 401(e) of the Act (7 U.S.C. \n                1421(e)) is amended--\n                            (i) in paragraph (1), by striking ``(1)''; \n                        and\n                            (ii) by striking paragraph (2).\n                    (D) Personal liability of producers for \n                deficiencies.--Section 405 of the Act (7 U.S.C. 1425) \n                is amended--\n                            (i) in subsection (a), by striking ``(a)''; \n                        and\n                            (ii) by striking subsection (b).\n                    (E) Powers of commodity credit corporation.--\n                Section 5(a) of the Commodity Credit Corporation \n                Charter Act (7 U.S.C. 714c(a)) is amended by inserting \n                ``(except for sugar beets and sugarcane)'' after \n                ``agricultural commodities''.\n            (2) Termination of acreage allotments and marketing \n        quotas.--\n                    (A) Termination.--Part VII of subtitle B of title \n                III of the Agricultural Adjustment Act of 1938 (7 \n                U.S.C. 1359aa et seq.) is repealed.\n                    (B) Conforming Amendment.--Section 344(f)(2) of the \n                Act (7 U.S.C. 1344(f)(2)) is amended by striking \n                ``sugar cane for sugar, sugar beets for sugar,''.\n            (3) Conforming amendments regarding prevention of \n        government accumulation of sugar.--Section 902 of the Food \n        Security Act of 1985 (7 U.S.C. 1446g note) is amended--\n                    (A) by striking subsection (a); and\n                    (B) by redesignating subsections (b) and (c) as \n                subsections (a) and (b), respectively.\n            (4) Conforming amendment regarding section 32 activities.--\n        The second sentence of the first paragraph of section 32 of the \n        Act of August 24, 1935 (7 U.S.C. 612c) is amended by inserting \n        ``(other than sugar beets and sugarcane)'' after ``commodity'' \n        the last place it appears.\n            (5) Prohibition on subsequent provision of price support.--\n                    (A) Prohibition.--After the effective date of this \n                subsection, the Secretary of Agriculture may not make \n                price support available, whether in the form of loans, \n                payments, purchases, or other operations, for crops of \n                sugar beets or sugarcane by using the funds of the \n                Commodity Credit Corporation or under the authority of \n                any law.\n                    (B) Exception.--Notwithstanding subparagraph (A), \n                the Secretary shall settle any outstanding loans under \n                section 206 of the Agricultural Act of 1949 (7 U.S.C. \n                1446g) made before the effective date of this \n                subsection.\n            (6) Effect on existing liability.--The amendments made by \n        this subsection shall not affect the liability of any person \n        under any provision of law as in effect before the effective \n        date of this subsection.\n            (7) Effective date.--This subsection and the amendments \n        made by this subsection shall become effective on October 1, \n        1996.\n    (e) Elimination of Market Promotion Program.--\n            (1) In general.--Section 203 of the Agricultural Trade Act \n        of 1978 (7 U.S.C. 5623) is repealed.\n            (2) Conforming amendments.--\n                    (A) Section 211 of the Act (7 U.S.C. 5641) is \n                amended by striking subsection (c).\n                    (B) Section 402(a)(1) of the Act (7 U.S.C. \n                5662(a)(1)) is amended by striking ``203,''.\n                    (C) Section 1302 of the Omnibus Budget \n                Reconciliation Act of 1993 (Public Law 103-66; 7 U.S.C. \n                5623 note) is repealed.\n    (f) Elimination of Export Enhancement Program.--\n            (1) In general.--Section 301 of the Agricultural Trade Act \n        of 1978 (7 U.S.C. 5651) is repealed.\n            (2) Conforming amendments.--\n                    (A) Section 103(d)(2) of the Act (7 U.S.C. \n                5603(d)(2)) is amended by striking ``(as amended) and \n                the program under section 301''.\n                    (B) The title heading of title III of the Act (7 \n                U.S.C. prec. 5651) is amended to read as follows:\n\n           ``TITLE III--RELIEF FROM UNFAIR TRADE PRACTICES''.\n\n                    (C) Section 303 of the Act (7 U.S.C. 5653) is \n                amended by striking ``, such as that established under \n                section 301,''.\n                    (D) Section 401 of the Act (7 U.S.C. 5661) is \n                amended by striking ``sections 201, 202, and 301'' each \n                place it appears in subsections (a) and (b) and \n                inserting ``sections 201 and 202''.\n                    (E) Section 402(a)(1) of the Act (7 U.S.C. \n                5662(a)(1)) (as amended by section 301(b)(2)) is \n                further amended by striking ``sections 201, 202, and \n                301'' and inserting ``sections 201 and 202''.","title":""}
+{"_id":"c10","text":"SECTION 1. AUTHORIZATIONS OF APPROPRIATIONS FOR UNITED STATES CUSTOMS \n              SERVICE AND IMMIGRATION AND NATURALIZATION SERVICE.\n\n    (a) In General.--\n            (1) Customs service.--In order to enhance border \n        investigative resources on the Southwest border, enhance \n        investigative resources for anticorruption efforts, intensify \n        efforts against drug smuggling and money-laundering \n        organizations, process cargo, reduce commercial and passenger \n        traffic waiting times, and open all primary lanes during peak \n        hours at certain ports on the Southwest and Northern borders, \n        in addition to any other amount appropriated, there are \n        authorized to be appropriated for salaries, expenses, and \n        equipment for the United States Customs Service for purposes of \n        carrying out this section--\n                    (A) $161,248,584 for fiscal year 1999;\n                    (B) $185,751,328 for fiscal year 2000; and\n                    (C) such sums as may be necessary in each fiscal \n                year thereafter.\n            (2) INS.--In order to enhance enforcement and inspection \n        resources on the Southwest land border of the United States, \n        enhance investigative resources for anticorruption efforts and \n        efforts against drug smuggling and money-laundering \n        organizations, process cargo, reduce commercial and passenger \n        traffic waiting times, and open all primary lanes during peak \n        hours at major land border ports of entry on the Southwest and \n        Northern land borders of the United States, in addition to any \n        other amounts appropriated, there are authorized to be \n        appropriated for salaries, expenses, and equipment for the \n        Immigration and Naturalization Service for purposes of carrying \n        out this section--\n                    (A) $113,604,000 for fiscal year 1999;\n                    (B) $121,064,000 for fiscal year 2000; and\n                    (C) such sums as may be necessary in each fiscal \n                year thereafter.\n    (b) Fiscal Year 1999.--\n            (1) Customs service.--Of the amounts authorized to be \n        appropriated under subsection (a)(1)(A) for fiscal year 1999 \n        for the United States Customs Service, $48,404,000 shall be \n        available until expended for acquisition and other expenses \n        associated with implementation and full deployment of narcotics \n        enforcement and cargo processing technology along the Southwest \n        border, including--\n                    (A) $6,000,000 for 8 Vehicle and Container \n                Inspection Systems (VACIS);\n                    (B) $11,000,000 for 5 mobile truck x-rays with \n                transmission and backscatter imaging;\n                    (C) $12,000,000 for the upgrade of 8 fixed-site \n                truck x-rays from the present energy level of 450,000 \n                electron volts to 1,000,000 electron volts (1-MeV);\n                    (D) $7,200,000 for 8 1-MeV pallet x-rays;\n                    (E) $1,000,000 for 200 portable contraband \n                detectors (busters) to be distributed among ports where \n                the current allocations are inadequate;\n                    (F) $600,000 for 50 contraband detection kits to be \n                distributed among all Southwest border ports based on \n                traffic volume;\n                    (G) $500,000 for 25 ultrasonic container inspection \n                units to be distributed among all ports receiving \n                liquid-filled cargo and to ports with a hazardous \n                material inspection facility;\n                    (H) $2,450,000 for 7 automated targeting systems;\n                    (I) $360,000 for 30 rapid tire deflator systems to \n                be distributed to those ports where port runners are a \n                threat;\n                    (J) $480,000 for 20 Portable Treasury Enforcement \n                Communications System (TECS) terminals to be moved \n                among ports as needed;\n                    (K) $1,000,000 for 20 remote watch surveillance \n                camera systems at ports where there are suspicious \n                activities at loading docks, vehicle queues, secondary \n                inspection lanes, or areas where visual surveillance or \n                observation is obscured;\n                    (L) $1,254,000 for 57 weigh-in-motion sensors to be \n                distributed among the ports with the greatest volume of \n                outbound traffic;\n                    (M) $180,000 for 36 AM radio ``Welcome to the \n                United States'' stations, with 1 station to be located \n                at each border crossing;\n                    (N) $1,040,000 for 260 inbound vehicle counters to \n                be installed at every inbound vehicle lane;\n                    (O) $950,000 for 38 spotter camera systems to \n                counter the surveillance of Customs inspection \n                activities by persons outside the boundaries of ports \n                where such surveillance activities are occurring;\n                    (P) $390,000 for 60 inbound commercial truck \n                transponders to be distributed to all ports of entry;\n                    (Q) $1,600,000 for 40 narcotics vapor and particle \n                detectors to be distributed to each border crossing; \n                and\n                    (R) $400,000 for license plate reader automatic \n                targeting software to be installed at each port to \n                target inbound vehicles.\n            (2) INS.--Of the amounts authorized to be appropriated \n        under subsection (a)(2)(A) for fiscal year 1999 for the \n        Immigration and Naturalization Service, $15,090,000 shall be \n        available until expended for acquisition and other expenses \n        associated with implementation and full deployment of narcotics \n        enforcement and cargo processing technology along the Southwest \n        land border of the United States, including--\n                    (A) $11,000,000 for 5 mobile truck x-rays with \n                transmission and backscatter imaging to be distributed \n                to border patrol checkpoints;\n                    (B) $200,000 for 10 ultrasonic container inspection \n                units to be distributed to border patrol checkpoints;\n                    (C) $240,000 for 10 Portable Treasury Enforcement \n                Communications System (TECS) terminals to be \n                distributed to border patrol checkpoints;\n                    (D) $1,000,000 for 20 remote watch surveillance \n                camera systems to be distributed to border patrol \n                checkpoints;\n                    (E) $175,000 for 35 AM radio ``Welcome to the \n                United States'' stations, with 1 station to be located \n                at each permanent border patrol checkpoint;\n                    (F) $875,000 for 35 spotter camera systems, with 1 \n                system to be located at each permanent border patrol \n                checkpoint; and\n                    (G) $1,600,000 for 40 narcotics vapor and particle \n                detectors to be distributed to border patrol \n                checkpoints.\n    (c) Fiscal Year 2000 and Thereafter.--\n            (1) Customs service.--Of the amounts authorized to be \n        appropriated under subparagraphs (B) and (C) of subsection \n        (a)(1) for the United States Customs Service for fiscal year \n        2000 and each fiscal year thereafter, $4,840,400 shall be for \n        the maintenance and support of the equipment and training of \n        personnel to maintain and support the equipment described in \n        subsection (b)(1), based on an estimate of 10 percent of the \n        cost of such equipment.\n            (2) INS.--Of the amounts authorized to be appropriated \n        under subparagraphs (B) and (C) of subsection (a)(2) for the \n        Immigration and Naturalization Service for fiscal year 2000 and \n        each fiscal year thereafter, $1,509,000 shall be for the \n        maintenance and support of the equipment and training of \n        personnel to maintain and support the equipment described in \n        subsection (b)(2), based on an estimate of 10 percent of the \n        cost of such equipment.\n    (d) New Technologies; Use of Funds.--\n            (1) In general.--The Commissioner of Customs may use the \n        amounts authorized to be appropriated for equipment under this \n        section for equipment other than the equipment specified in \n        subsection (b)(1) if such other equipment--\n                    (A)(i) is technologically superior to the equipment \n                specified in subsection (b)(1); and\n                    (ii) will achieve at least the same results at a \n                cost that is the same or less than the equipment \n                specified in subsection (b)(1); or\n                    (B) can be obtained at a lower cost than the \n                equipment authorized in subparagraphs (A) through (R) \n                of such subsection.\n            (2) Transfer of funds.--Notwithstanding any other provision \n        of this section, the Commissioner of Customs may reallocate an \n        amount not to exceed 10 percent of the amount specified in any \n        of subparagraphs (A) through (R) of subsection (b)(1) for \n        equipment specified in any other of such subparagraphs (A) \n        through (R).\n            (3) INS.--With respect to the amounts and equipment \n        specified in subsection (b)(2), the Attorney General shall have \n        the same authority as is granted the Commissioner of Customs by \n        paragraphs (1) and (2) with respect to the amounts and \n        equipment specified in subsection (b)(1).\n    (e) Peak Hours and Investigative Resource Enhancement.--\n            (1) Customs service.--Of the amounts authorized to be \n        appropriated under subsection (a)(1) for fiscal years 1999 and \n        2000, $112,844,584 in fiscal year 1999 and $180,910,928 for \n        fiscal year 2000 shall be for--\n                    (A) a net increase of 535 inspectors and 60 special \n                agents for the Southwest border and 375 inspectors for \n                the Northern border, in order to open all primary lanes \n                on the Southwest and Northern borders during peak hours \n                and enhance investigative resources;\n                    (B) a net increase of 285 inspectors and canine \n                enforcement officers to be distributed at large cargo \n                facilities as needed to process and screen cargo \n                (including rail cargo) and reduce commercial waiting \n                times on the Southwest border;\n                    (C) a net increase of 360 special agents, 40 \n                intelligence analysts, and additional resources to be \n                distributed among offices that have jurisdiction over \n                major metropolitan drug or narcotics distribution and \n                transportation centers for intensification of efforts \n                against drug smuggling and money-laundering \n                organizations;\n                    (D) a net increase of 50 positions and additional \n                resources to the Office of Internal Affairs to enhance \n                investigative resources for anticorruption efforts; and\n                    (E) the costs incurred as a result of the increase \n                in personnel hired pursuant to this section.\n            (2) INS.--Of the amounts authorized to be appropriated \n        under subsection (a)(2) for fiscal years 1999 and 2000, \n        $98,514,000 in fiscal year 1999 and $119,555,000 for fiscal \n        year 2000 shall be for--\n                    (A) a net increase of 535 inspectors for the \n                Southwest land border and 375 inspectors for the \n                Northern land border, in order to open all primary \n                lanes on the Southwest and Northern borders during peak \n                hours and enhance investigative resources;\n                    (B) a net increase of 100 inspectors and canine \n                enforcement officers for border patrol checkpoints;\n                    (C) 100 canine enforcement vehicles to be used by \n                the Border Patrol for inspection and enforcement, and \n                to reduce waiting times, at the Southwest land border \n                of the United States;\n                    (D) a net increase of 40 intelligence analysts and \n                additional resources to be distributed among border \n                patrol sectors that have jurisdiction over major \n                metropolitan drug or narcotics distribution and \n                transportation centers for intensification of efforts \n                against drug smuggling and money-laundering \n                organizations;\n                    (E) a net increase of 50 positions and additional \n                resources to the Office of the Inspector General of the \n                Department of Justice to enhance investigative \n                resources for anticorruption efforts; and\n                    (F) the costs incurred as a result of the increase \n                in personnel hired pursuant to this section.","title":""}
+{"_id":"c100","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Border Smog Reduction Act of 1998''.\n\nSEC. 2. AMENDMENT OF CLEAN AIR ACT.\n\n    Section 183 of the Clean Air Act (42 U.S.C. 7511b) is amended by \nadding at the end the following:\n    ``(h) Vehicles Entering Ozone Nonattainment Areas.--\n        ``(1) Authority regarding ozone inspection and maintenance \n    testing.--\n            ``(A) In general.--No noncommercial motor vehicle \n        registered in a foreign country and operated by a United States \n        citizen or by an alien who is a permanent resident of the \n        United States, or who holds a visa for the purposes of \n        employment or educational study in the United States, may enter \n        a covered ozone nonattainment area from a foreign country \n        bordering the United States and contiguous to the nonattainment \n        area more than twice in a single calendar-month period, if \n        State law has requirements for the inspection and maintenance \n        of such vehicles under the applicable implementation plan in \n        the nonattainment area.\n            ``(B) Applicability.--Subparagraph (A) shall not apply if \n        the operator presents documentation at the United States border \n        entry point establishing that the vehicle has complied with \n        such inspection and maintenance requirements as are in effect \n        and are applicable to motor vehicles of the same type and model \n        year.\n        ``(2) Sanctions for violations.--The President may impose and \n    collect from the operator of any motor vehicle who violates, or \n    attempts to violate, paragraph (1) a civil penalty of not more than \n    $200 for the second violation or attempted violation and $400 for \n    the third and each subsequent violation or attempted violation.\n        ``(3) State election.--The prohibition set forth in paragraph \n    (1) shall not apply in any State that elects to be exempt from the \n    prohibition. Such an election shall take effect upon the \n    President's receipt of written notice from the Governor of the \n    State notifying the President of such election.\n        ``(4) Alternative approach.--The prohibition set forth in \n    paragraph (1) shall not apply in a State, and the President may \n    implement an alternative approach, if--\n            ``(A) the Governor of the State submits to the President a \n        written description of an alternative approach to facilitate \n        the compliance, by some or all foreign-registered motor \n        vehicles, with the motor vehicle inspection and maintenance \n        requirements that are--\n                ``(i) related to emissions of air pollutants;\n                ``(ii) in effect under the applicable implementation \n            plan in the covered ozone nonattainment area; and\n                ``(iii) applicable to motor vehicles of the same types \n            and model years as the foreign-registered motor vehicles; \n            and\n            ``(B) the President approves the alternative approach as \n        facilitating compliance with the motor vehicle inspection and \n        maintenance requirements referred to in subparagraph (A).\n        ``(5) Definition of covered ozone nonattainment area.--In this \n    section, the term `covered ozone nonattainment area' means a \n    Serious Area, as classified under section 181 as of the date of the \n    enactment of this subsection.''.\n\nSEC. 3. GENERAL PROVISIONS.\n\n    (a) In General.--The amendment made by section 2 takes effect 180 \ndays after the date of the enactment of this Act. Nothing in that \namendment shall require action that is inconsistent with the \nobligations of the United States under any international agreement.\n    (b) Information.--As soon as practicable after the date of the \nenactment of this Act, the appropriate agency of the United States \nshall distribute information to publicize the prohibition set forth in \nthe amendment made by section 2.\n\nSEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.\n\n    (a) In General.--The Comptroller General of the United States shall \nconduct a study of the impact of the amendment made by section 2.\n    (b) Contents of Study.--The study under subsection (a) shall \ncompare--\n        (1) the potential impact of the amendment made by section 2 on \n    air quality in ozone nonattainment areas affected by the amendment; \n    with\n        (2) the impact on air quality in those areas caused by the \n    increase in the number of vehicles engaged in commerce operating in \n    the United States and registered in, or operated from, Mexico, as a \n    result of the implementation of the North American Free Trade \n    Agreement.\n    (c) Report.--Not later than July 1, 1999, the Comptroller General \nof the United States shall submit to the Committee on Commerce of the \nHouse of Representatives and the Committee on Environment and Public \nWorks of the Senate a report describing the findings of the study under \nsubsection (a).\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c101","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Burma Human Rights and Democracy Act \nof 2014''.\n\nSEC. 2. ASSISTANCE FOR THE GOVERNMENT OF BURMA.\n\n    (a) Limitation.--\n            (1) In general.--No funds authorized to be appropriated or \n        otherwise made available for fiscal year 2014 or 2015 may be \n        made available for security assistance described in paragraph \n        (2) to the Government of Burma unless the Secretary of State \n        certifies to the appropriate congressional committees that--\n                    (A) the Government of Burma has taken concrete \n                steps toward--\n                            (i) establishing civilian oversight of the \n                        armed forces;\n                            (ii) addressing human rights abuses by the \n                        Burmese military, including publicly \n                        acknowledging that human rights abuses have \n                        been and continue to be committed by the \n                        Burmese military, and committing to a zero \n                        tolerance policy against such human rights \n                        abuses; and\n                            (iii) terminating military relations with \n                        North Korea;\n                    (B) the Government of Burma has taken concrete \n                steps to establish a fair, transparent and inclusive \n                process to amend the Constitution of Burma, including \n                the full participation of the political opposition and \n                all ethnic minority groups, and the constitutional \n                reform process will provide the basis for free, fair, \n                and competitive elections in Burma;\n                    (C) the Government of Burma has amended its \n                constitution and laws to ensure civilian control of the \n                military and implemented reforms to increase the \n                transparency and accountability of the military's \n                budget and operations, and the Burmese military has \n                taken substantial and meaningful steps to divest itself \n                from ownership of commercial businesses;\n                    (D) the Government of Burma is showing meaningful \n                and well-documented efforts to promote peace agreements \n                or political reconciliation and equal and fair \n                treatment of all ethnic groups in conflict areas or \n                areas of unrest, and to actively address the \n                resettlement and humanitarian situation of displaced \n                persons; and\n                    (E) the Burmese military is--\n                            (i) improving its human rights record, as \n                        measured by consistent decreases in reports of \n                        forced labor, indefinite detention, torture, or \n                        cruel, inhumane, and degrading treatment of \n                        detainees, and use in armed conflict of \n                        indiscriminate or disproportionate methods and \n                        means of attack;\n                            (ii) demonstrating a genuine interest in \n                        reform by ceasing attacks against ethnic \n                        minority groups in both ceasefire and non-\n                        ceasefire areas;\n                            (iii) taking steps to withdraw forces from \n                        conflict zones, including by halting the use of \n                        soldiers in economic development projects;\n                            (iv) adhering to the conditions of \n                        ceasefire agreements; and\n                            (v) signing and implementing a code of \n                        conduct.\n            (2) Definition.--In this subsection, the term ``security \n        assistance'' means--\n                    (A) assistance under chapter 2 (military \n                assistance), chapter 5 (military education and \n                training), or chapter 6 (peacekeeping operations) of \n                part II of the Foreign Assistance Act of 1961;\n                    (B) assistance under chapter 8 of part II of the \n                Foreign Assistance Act of 1961, chapter 9 of part II of \n                such Act, section 504 of the FREEDOM Support Act, \n                section 23 of the Arms Export Control Act, or the \n                Foreign Assistance Act of 1961 for demining programs \n                and activities to be carried out by or in conjunction \n                with military units or personnel of a foreign country;\n                    (C) sales of defense articles or defense services, \n                extensions of credits (including participations in \n                credits), and guaranties of loans under the Arms Export \n                Control Act; or\n                    (D) any license in effect with respect to the \n                export of defense articles or defense services to or \n                for the armed forces, police, intelligence, or other \n                internal security forces of Burma under section 38 of \n                the Arms Export Control Act.\n            (3) Applicability to fy 2014 funds.--The limitation on the \n        availability of funds under this subsection for fiscal year \n        2014 shall apply with respect to funds that are unobligated as \n        of the date of the enactment of this Act.\n            (4) Sense of congress.--Nothing in this Act should be \n        construed either to prevent participation by Burmese \n        authorities in training on civil-military relations and human \n        rights, as carried out by the Defense Institute of \n        International Legal Studies, or to prevent United States \n        disaster assistance in Burma.\n    (b) Report.--\n            (1) In general.--Not later than 120 days after the date of \n        the enactment of this Act, and annually thereafter, the \n        Secretary of State shall submit to the appropriate \n        congressional committees a report on the strategy for, and \n        plans and status of, engagement between the United States and \n        the Burmese military.\n            (2) Elements.--The report required under paragraph (1) \n        shall include the following elements:\n                    (A) A description and assessment of the Government \n                of Burma's strategy for security sector reform, an \n                identification and comprehensive analysis of those \n                reform elements that the United States Government \n                should support, and a multi-year cost estimate for \n                providing such support.\n                    (B) The United States strategy for the relationship \n                between the United States and the Burmese military, \n                including a description of how and why such engagements \n                are necessary for United States national security.\n                    (C) An assessment of the human rights record of the \n                Burmese military over the past decade, including--\n                            (i) an account of violations of human \n                        rights and laws of armed conflict by the \n                        Burmese military and all paramilitary and \n                        security forces under its command, including \n                        against ethnic minority groups;\n                            (ii) a description of efforts by the \n                        Burmese military to implement human rights \n                        reforms; and\n                            (iii) a description of progress in the \n                        relationship between the United States and the \n                        Burmese military and such reforms.\n                    (D) An assessment of any substantial and meaningful \n                steps taken by the Burmese military to implement \n                reforms to increase transparency and accountability of \n                the military's budget and operations and to divest \n                itself from ownership of commercial business.\n                    (E) A list of ongoing activities conducted by the \n                United States Government and other international donors \n                with the Burmese military, including a description of \n                each such activity.\n                    (F) An update on activities that were listed in \n                previous reporting.\n                    (G) A list of activities that are planned to occur \n                over the upcoming year, with a written description of \n                each.\n                    (H) A description of progress on the peaceful \n                settlement of armed conflicts between the Government of \n                Burma and ethnic minority groups, including the steps \n                taken by the Burmese military to demonstrate respect \n                for ceasefires, laws of armed conflict, and human \n                rights provisions prohibiting rape, torture, forced \n                labor, trafficking, and the use of child soldiers.\n                    (I) A description of the concrete steps the \n                Government of Burma has taken--\n                            (i) to establish a fair, transparent, and \n                        inclusive process to amend the Constitution of \n                        Burma;\n                            (ii) to promote peace agreements or \n                        political reconciliation and equal and fair \n                        treatment of all ethnic groups in conflict \n                        areas or areas of unrest; and\n                            (iii) to actively address the resettlement \n                        and humanitarian situation of displaced \n                        persons.\n                    (J) An assessment of the status of the Burmese \n                military's cooperation with civilian authorities to \n                investigate and resolve cases of human rights \n                violations.\n            (3) Form.--The report required under paragraph (1) shall be \n        submitted in unclassified form, but may contain a classified \n        annex as necessary.\n    (c) Appropriate Congressional Committees Defined.--In this section, \nthe term ``appropriate congressional committees'' means the Committee \non Foreign Affairs of the House of Representatives and the Committee on \nForeign Relations of the Senate.","title":""}
+{"_id":"c102","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Calling for 2-1-1 Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) The Federal Communications Commission has assigned 2-1-\n        1 as the national telephone number for telephone service for \n        information and referral on human services, declaring that 2-1-\n        1 best satisfies the public interest in allotting the limited \n        resource of this abbreviated number. In 2005, the Commission \n        will assess the widespread utilization of the 2-1-1 telephone \n        number and evaluate whether to continue the assignment of that \n        telephone number for that service.\n            (2) The number ``2-1-1'' is an easy-to-remember telephone \n        number that facilitates critical connections between \n        individuals and families seeking services, volunteer \n        opportunities, or both and appropriate human service agencies, \n        including community-based and faith-based organizations and \n        government agencies.\n            (3) There are more than 820,000 nonprofit organizations in \n        the United States. Individuals and families often find it \n        difficult to navigate through a complex and ever-growing maze \n        of human service agencies and programs, spending inordinate \n        amounts of time trying to identify an agency or program that \n        provides a service that may be immediately or urgently required \n        and often abandoning the search from frustration or a lack of \n        quality information.\n            (4) At the Federal, State, and local levels, government \n        funding supports well-intentioned programs that are not fully \n        utilized because of a lack of access to and information on such \n        programs by the public. Program administrators have indicated \n        that there is a need for a simple way to connect those eligible \n        for programs with available program resources. 2-1-1 telephone \n        service will reduce the number of inappropriate calls to \n        government offices by directing consumers to the appropriate \n        human services agency, resulting in a more effective use of \n        government services.\n            (5) Many families need information on government and not-\n        for-profit services that address domestic violence, support \n        adequate and stable housing, alleviate hunger, and provide for \n        high-quality day care, afterschool activities, summer \n        activities, job training and assistance, elder care, and \n        disaster recovery.\n            (6) Individuals often need support, services, or both when \n        suffering emotional distress, having suicidal thoughts or \n        behavior, contemplating violence, or using drugs or alcohol.\n            (7) Americans desire to volunteer and become involved in \n        their communities. This desire, together with a desire to \n        donate to organizations which provide human services, are among \n        the reasons to contact a center which provides information and \n        referral on volunteer opportunities and human services.\n            (8) Following the September 11, 2001, terrorist attacks, an \n        estimated 400 telephone hotlines were established in New York, \n        New York, for various funds and services, creating a confusing \n        network for victims and volunteers to navigate. A Comptroller \n        General report on charitable aid following the terrorist \n        attacks found that ``families of victims generally believed \n        they had to navigate a maze of service providers in the early \n        months'' and that ``good information about and easy access to \n        available assistance could help survivors in the recovery \n        process''.\n            (9) The 107th Congress recognized the importance of 2-1-1 \n        telephone service in community preparedness and response by \n        including use of that telephone number for public information \n        as an allowable use of funds under grants for preparedness and \n        response to bioterrorism and other public health emergencies \n        under section 319C-1 of the Public Health Service Act (42 \n        U.S.C. 247d-3a), as added by section 131 of the Public Health \n        Security and Bioterrorism Preparedness and Response Act of 2002 \n        (Public Law 107-188).\n            (10) While 20 percent of the population has access to 2-1-1 \n        telephone service in 21 States, inadequate funding prevents \n        access to that telephone service throughout each of the States. \n        2-1-1 telephone service is currently available statewide only \n        in Connecticut and Hawaii.\n            (11) Rapid deployment nationwide of 2-1-1 telephone service \n        as a means of access to information about and referral on human \n        services requires collaboration among State governments, \n        comprehensive and specialized information and referral centers, \n        human service organizations and service providers, emergency \n        management and homeland security officials, telephone \n        companies, and other relevant entities.\n            (12) 2-1-1 telephone service facilitates the availability \n        of a single repository where comprehensive data on all \n        community services is collected, maintained, and updated \n        regularly, reducing costs and duplication of efforts. The \n        reliable data provided through 2-1-1 telephone service helps to \n        better assess the needs of our communities and to immediately \n        mobilize resources toward those needs.\n\nSEC. 3. GRANTS TO FACILITATE NATIONWIDE AVAILABILITY OF 2-1-1 SERVICE \n              FOR INFORMATION AND REFERRAL ON HUMAN SERVICES.\n\n    (a) Grants Required.--The Secretary of Commerce shall award a grant \nto each State to carry out a program for the purpose of making \navailable throughout such State 2-1-1 telephone service for information \nand referral on human services.\n    (b) Grant To Be Available for Each State.--In awarding grants under \nthis section, the Secretary shall develop a formula for allocating \ngrant amounts among the States so that a grant may be awarded to each \nState seeking a grant.\n    (c) Requirement on Share of Activities.--\n            (1) Requirement.--A State may not be awarded a grant under \n        this section unless the State ensures that at least 50 percent \n        of the resources of the program funded by the grant will be \n        derived from other sources.\n            (2) In-kind contributions.--The requirement in paragraph \n        (1) may be satisfied by in-kind contributions of goods or \n        services.\n    (d) Lead Entity.--\n            (1) In general.--A State seeking a grant under this section \n        shall carry out this section through a lead entity meeting the \n        requirements of this subsection.\n            (2) 2-1-1 Collaborative.--An entity shall be treated as the \n        2-1-1 Collaborative for a State under this subsection if the \n        entity--\n                    (A) exists for such purpose under State law;\n                    (B) exists for such purpose by order of the State \n                public utility commission; or\n                    (C) is a collaborative entity established by the \n                State for such purpose from among representatives of--\n                            (i) an informal existing 2-1-1 statewide \n                        collaborative, if any, in the State;\n                            (ii) State agencies;\n                            (iii) community-based organizations;\n                            (iv) faith-based organizations;\n                            (v) not-for-profit organizations;\n                            (vi) comprehensive and specialized \n                        information and referral providers, including \n                        current 2-1-1 call centers;\n                            (vii) foundations; and\n                            (viii) businesses.\n            (3) Requirements for preexisting lead entities.--An entity \n        described by subparagraph (A) or (B) of paragraph (2) may be \n        treated as a lead entity under this subsection only if such \n        entity collaborates, to the extent practicable, with the \n        organizations and entities listed in subparagraph (C) of that \n        paragraph.\n    (e) Application.--\n            (1) In general.--The lead entity on behalf of each State \n        seeking a grant under this section shall submit to the \n        Secretary an application therefor in such form as the Secretary \n        shall require.\n            (2) Information.--An application on behalf of a State under \n        this subsection shall contain information as follows:\n                    (A) Information on the program to be carried out by \n                the lead entity of the State in order to plan to make \n                available throughout the State 2-1-1 telephone service \n                for information and referral on human services, \n                including information on the manner in which the lead \n                entity will develop, sustain, and evaluate the program.\n                    (B) Information on the sources of resources for the \n                program for purposes of meeting the requirement in \n                subsection (c).\n                    (C) Any additional information that the Secretary \n                may require for purposes of this section.\n    (f) Subgrants.--\n            (1) Authority.--In carrying out a program to make 2-1-1 \n        telephone service available throughout a State at no charge to \n        the caller, the lead entity of the State may make subgrants to \n        such persons or entities as the lead entity considers \n        appropriate for purposes of the program, including subgrants to \n        provide funds--\n                    (A) for the provision of 2-1-1 telephone service;\n                    (B) for the operation and maintenance of 2-1-1 call \n                centers; and\n                    (C) for such other purposes as the 2-1-1 \n                Collaborative considers appropriate for purposes of the \n                program, including planning, public awareness, \n                training, accreditation, and evaluation.\n            (2) Considerations.--In awarding a subgrant under this \n        subsection, a lead entity shall consider--\n                    (A) the ability of the person or entity seeking the \n                subgrant to carry out activities or provide services \n                consistent with the program;\n                    (B) the extent to which the award of the subgrant \n                will facilitate equitable geographic distribution of \n                subgrants under this section to ensure that rural \n                communities have access to 2-1-1 telephone service; and\n                    (C) the extent to which the recipient of the \n                subgrant will establish and maintain cooperative \n                relationships with specialized information and referral \n                centers, crisis centers, 9-1-1 call centers, and 3-1-1 \n                call centers, if applicable.\n    (g) Use of Grant and Subgrant Amounts.--\n            (1) In general.--Amounts awarded as grants or subgrants \n        under this section shall be used solely to make available 2-1-1 \n        telephone service for community information and referral on \n        human services, including telephone connections between \n        families and individuals seeking such services and the \n        providers of such services.\n            (2) Particular matters.--In making 2-1-1 telephone service \n        available, the recipient of a grant or subgrant shall, to the \n        maximum extent practicable--\n                    (A) abide by the Key Standards for 2-1-1 Centers as \n                specified in the Standards for Professional Information \n                and Referral Requirements for Alliance of Information \n                Referral Systems (AIRS) Accreditation and Operating 2-\n                1-1 Systems; and\n                    (B) collaborate with human service organizations, \n                whether public or private, to provide an exhaustive \n                database of services with which to provide information \n                or referral to individuals utilizing 2-1-1 telephone \n                service.\n            (3) Use of funds.--Amounts of a subgrant under subsection \n        (e) may be used by grantees for Statewide and regional \n        planning, start-up costs (including costs of software and \n        hardware upgrades and telecommunications costs), training, \n        accreditation, public awareness, evaluation of activities, and \n        the provision of 2-1-1 telephone service.\n    (h) Requirement on Allocation of Grant Amounts.--Of the amounts \nawarded under this section, an aggregate of not less than 10 percent \nshall be allocated for evaluation, training, and technical assistance, \nand for management and administration of subgrants awarded under this \nsection.\n    (i) Reports.--The lead entity of each State awarded a grant under \nthis section for a fiscal year shall submit to the Secretary, not later \nthan 60 days after the end of such fiscal year, a report on the program \nfunded by the grant. Each report shall--\n            (1) describe the program funding by the grant; and\n            (2) assess the effectiveness of the program in making \n        available throughout such State 2-1-1 telephone service for \n        information and referral on human services in accordance with \n        the provisions of this section.\n    (j) Definitions.--In this section:\n            (1) Human services.--The term ``human services'' means \n        services as follows:\n                    (A) Services that assist individuals in becoming \n                more self-sufficient, in preventing dependency, and in \n                strengthening family relationships.\n                    (B) Services that support personal and social \n                development.\n                    (C) Services that help ensure the health and well-\n                being of individuals, families, and communities.\n            (2) Information and referral center.--The term \n        ``information and referral center'' means a center that--\n                    (A) maintains a database of providers of human \n                services in a State or locality;\n                    (B) assists individuals, families, and communities \n                in identifying, understanding, and accessing the \n                providers of human services and the human services \n                offered by the providers of such services; and\n                    (C) tracks types of calls referred and received to \n                document the demands for services.\n            (3) State.--The term ``State'' means the several States, \n        the District of Columbia, the Commonwealth of Puerto Rico, the \n        Virgin Islands, Guam, American Samoa, and the Commonwealth of \n        the Northern Mariana Islands.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n    (a) In General.--There are authorized to be appropriated to carry \nout this Act amounts as follows:\n            (1) For fiscal year 2004, $200,000,000.\n            (2) For each of fiscal years 2005 through 2009, such sums \n        as may be necessary.\n    (b) Availability.--Amounts appropriated pursuant to the \nauthorization of appropriations in subsection (a) shall remain \navailable until expended.","title":""}
+{"_id":"c103","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Campaign Information Improvement \nAct''.\n\nSEC. 2. NONPREEMPTIBLE ADVERTISING; LOWEST UNIT CHARGES.\n\n    Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is \namended--\n            (1) in subsection (b)(1)--\n                    (A) by striking ``forty-five'' and inserting in \n                lieu thereof ``30'';\n                    (B) by striking ``sixty'' and inserting in lieu \n                thereof ``45''; and\n                    (C) by striking ``lowest unit charge of the station \n                for the same class and amount of time for the same \n                period'' and insert ``lowest charge of the station for \n                the same amount of time for the same time of day and \n                day of week'';\n            (2) by redesignating subsections (c) and (d) as subsections \n        (d) and (e), respectively;\n            (3) by inserting immediately after subsection (b) the \n        following new subsection:\n    ``(c)(1) Except as provided in paragraph (2), a licensee shall not \npreempt the use, during any period specified in subsection (b)(1), of a \nbroadcasting station by a legally qualified candidate for public office \nwho has purchased and paid for such use pursuant to the provisions of \nsubsection (b)(1).\n    ``(2) If a program to be broadcast by a broadcasting station is \npreempted because of circumstances beyond the control of the \nbroadcasting station, any candidate advertising spot scheduled to be \nbroadcast during that program may also be preempted.''; and\n            (4) in subsection (d) (as redesignated by paragraph (2) of \n        this section)--\n                    (A) by striking ``and'' at the end of paragraph \n                (1);\n                    (B) by striking the period at the end of paragraph \n                (2) and inserting ``; and''; and\n                    (C) by adding at the end thereof the following new \n                paragraph:\n            ``(3) a station's lowest charge for purposes of paragraph \n        (1)--\n                    ``(A) with respect to a primary or primary runoff \n                election, is determined for the interval beginning 60 \n                days before such election and ending on the date of \n                that election; and\n                    ``(B) with respect to a general or special \n                election, is determined for the interval beginning 90 \n                days before such election and ending on the date of \n                that election.''.\n\nSEC. 3. FREE BROADCAST TIME FOR POLICY DEBATES.\n\n    (a) Condition of License Renewal.--Section 309(h) of the \nCommunications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting \nbefore the period at the end thereof the following: ``; and (4) every \nbroadcast station license issued under this Act shall be subject to the \nfree broadcast time obligations imposed by section 315(c)''.\n    (b) Free-Time Obligations.--Section 315 of the Communications Act \nof 1934 (47 U.S.C. 315) is amended--\n            (1) by redesignating subsections (c) and (d) as subsections \n        (d) and (e), respectively; and\n            (2) by inserting after subsection (b) the following new \n        subsection:\n    ``(c)(1) Each license for a broadcasting station shall annually \nmake available free broadcast time for policy debates in accordance \nwith the requirements of this subsection. The Commission shall not \nrenew the license of any licensee who substantially fails or refuses to \ncomply with the requirements of this subsection, but such licensee \nshall not be subject to any other sanction or remedy for such failure \nor refusal.\n    ``(2) A licensee subject to this subsection shall allot free \nbroadcast time for policy debates in accordance with the following \nstandards:\n            ``(A) Such licensee shall allot not less than 30 minutes of \n        free broadcast time during each even-numbered year to--\n                    ``(i) the candidates for the House of \n                Representatives of each qualified political party for \n                any congressional district that falls within the grade \n                B contour of such stations signal; and\n                    ``(ii) the candidates for the Senate of each \n                qualified political party of the State within which the \n                preponderance of the station's audience resides.\n            ``(B) The broadcast time allotted by any licensee shall be \n        allotted so that--\n                    ``(i) the broadcast is during the hours of 7 to 10 \n                p.m. on weekdays; and\n                    ``(ii) the broadcast is during the four weeks \n                immediately preceding election day.\n    ``(3) A political party shall be treated as a qualified political \nparty for purposes of paragraph (2) if the candidate for President of \nsuch party in the most recent presidential election received more than \n5 percent of the total number of votes cast by individuals for that \noffice.\n    ``(4) A licensee allots free broadcast time as required by this \nsubsection by broadcasting the joint appearance by each of the \ncandidates described in paragraph (2)(A) (i) or (ii) at a forum for the \ndiscussion of political issues, or, if any such candidate refuses to so \nappear, the appearance by the remainder of such candidates not refusing \nto appear.\n    ``(5) Nothing in this subsection, and no use of free broadcast time \nallotted under this subsection, shall be construed to restrict or \notherwise affect the purchase of advertising time under subsection (b) \nof this section.''.\n    (c) Free Cable Time.--Section 611 of the Communications Act of 1934 \n(47 U.S.C. 531) is amended--\n            (1) by redesignating subsection (f) as subsection (g); and\n            (2) by inserting after subsection (e) the following new \n        subsection:\n    ``(f) A cable operator shall annually make available free cable \ntime for policy debates in accordance with the requirements of \nregulations prescribed by the Commission. Such regulations shall, to \nthe extent practicable, require each such cable operator to provide \nsuch free cable time in the same amounts and manner, to the same \ncandidates, and subject to the same conditions as free broadcast time \nis required to be provided by broadcast station licensees under section \n315(c) of this Act. No franchise authority shall renew the franchise of \nany cable operator who substantially fails or refuses to comply with \nsuch regulations, but such operator shall not be subject to any other \nsanction or remedy for such failure or refusal.''.","title":""}
+{"_id":"c104","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Cape Fox Land Entitlement Adjustment \nAct''.\n\n SEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Cape Fox Corporation (Cape Fox) is an Alaska Native \n        Village Corporation organized pursuant to the Alaska Native \n        Claims Settlement Act (43 U.S.C. 1601 et seq.) for the Native \n        Village of Saxman.\n            (2) As with other village corporations organized pursuant \n        to the Alaska Native Claims Settlement Act in southeast Alaska, \n        Cape Fox was limited to selecting 23,040 acres under section 16 \n        of the Alaska Native Claims Settlement Act.\n            (3) Except for Cape Fox, all other village corporations \n        organized pursuant to the Alaska Native Claims Settlement Act \n        in southeast Alaska were restricted from selecting land within \n        two miles of a home rule city.\n            (4) To protect the watersheds in the vicinity of Ketchikan, \n        Cape Fox was restricted from selecting land within six miles of \n        the boundary of the home rule City of Ketchikan under section \n        22(l) of the Alaska Native Claims Settlement Act (43 U.S.C. \n        1621(l)).\n            (5) The six mile restriction damaged Cape Fox by precluding \n        the corporation from selecting valuable timber land, industrial \n        sites, and other commercial property, not only in its core \n        township but in surrounding land far removed from Ketchikan and \n        its watershed.\n            (6) As a result of the six mile restriction, only the \n        remote mountainous northeast corner of Cape Fox's core \n        township, which is nonproductive and of no known economic \n        value, was available for selection by the corporation. \n        Selection of this parcel was, however, mandated by section \n        16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. \n        1615(b)).\n            (7) Cape Fox's land selections were further limited by the \n        fact that the Annette Island Indian Reservation is within its \n        selection area, and those lands were unavailable for selection \n        under the Alaska Native Claims Settlement Act. Cape Fox is the \n        only village corporation organized pursuant to the Alaska \n        Native Claims Settlement Act affected by this restriction.\n            (8) Adjustment of Cape Fox's selections and conveyances of \n        land under the Alaska Native Claims Settlement Act requires \n        adjustment of Sealaska Corporation's (Sealaska) selections and \n        conveyances to avoid creation of additional split estate \n        between National Forest System surface land and Sealaska \n        subsurface land.\n            (9) There is an additional need to resolve existing areas \n        of Sealaska\/Tongass split estate, in which Sealaska holds title \n        or conveyance rights to several thousand acres of subsurface \n        land that encumber management of Tongass National Forest \n        surface land.\n            (10) The Tongass National Forest land identified in this \n        Act for selection by and conveyance to Cape Fox and Sealaska, \n        subject to valid existing rights, provides a means to resolve \n        some of the Cape Fox and Sealaska Alaska Native Claims \n        Settlement Act land entitlement issues without significantly \n        affecting Tongass National Forest resources, uses, or values.\n            (11) Adjustment of Cape Fox's selections and conveyances of \n        land under the Alaska Native Claims Settlement Act through the \n        provisions of this Act, and the related adjustment of \n        Sealaska's selections and conveyances hereunder, are in \n        accordance with the purposes of the Alaska Native Claims \n        Settlement Act and otherwise in the public interest.\n\nSEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND.\n\n    Notwithstanding section 16(b) of the Alaska Native Claims \nSettlement Act (43 U.S. C. 1615(b)), Cape Fox shall not be required to \nselect or receive conveyance of the approximately 160 acres of Federal \nunconveyed land within section 1, T. 75 S., R. 91 E., C.R.M.\n\n SEC. 4. SELECTION AND CONVEYANCE OUTSIDE EXTERIOR SELECTION BOUNDARY.\n\n    (a) Selection of Surface Estate.--\n            (1) In general.--In addition to land made available for \n        selection under the Alaska Native Claims Settlement Act, not \n        later than 2 years after the date of the enactment of this Act, \n        Cape Fox may select the approximately 99 acres of the surface \n        estate of Tongass National Forest land outside Cape Fox's \n        current exterior selection boundary described in paragraph (2).\n            (2) Land description.--The land referred to in paragraph \n        (a) is described as follows:\n                    T. 73 S., R. 90 E., C.R.M.\n                    Section 33: SW portion of SE 1\/4: 38 acres.\n                    Section 33: NW portion of SE 1\/4: 13 acres.\n                    Section 33: SE 1\/4 of SE 1\/4: 40 acres.\n                    Section 33: SE 1\/4 of SW 1\/4: 8 acres.\n    (b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox \nof the surface estate to the land described in subsection (a)(2), the \nSecretary of the Interior shall convey to Sealaska the subsurface \nestate to that land.\n    (c) Timing.--The Secretary of the Interior shall complete the \nconveyances to Cape Fox and Sealaska under this section not later than \n180 days after the Secretary of the Interior receives written notice of \nthe Cape Fox selection under subsection (a).\n\nSEC. 5. EXCHANGE OF LAND BETWEEN CAPE FOX AND THE TONGASS NATIONAL \n              FOREST.\n\n    (a) In General.--The Secretary of Agriculture shall offer, and if \naccepted by Cape Fox shall exchange, the Federal land described in \nsubsection (b) for land and interests therein identified by Cape Fox \nunder subsection (c) and, to the extent necessary, land and interests \ntherein identified under subsection (d).\n    (b) Land To Be Exchanged to Cape Fox.--The land to be offered to \nCape Fox is Tongass National Forest land comprising approximately \n2,663.9 acres in T. 36 S., R. 62 E., C.R.M. and T. 35 S., R. 62 E., \nC.R.M., as designated upon a map entitled ``Proposed Kensington Project \nLand Exchange'', dated March 18, 2002, and available for inspection in \nthe Forest Service Region 10 regional office in Juneau, Alaska.\n    (c) Land To Be Exchanged to the United States.--\n            (1) In general.--Not later than 60 days after the date of \n        the enactment of this Act, Cape Fox may identify, in writing to \n        the Secretary of Agriculture and the Secretary of the Interior, \n        the land and interests in land that Cape Fox proposes to \n        exchange for the Federal land described in subsection (b). The \n        land and interests in land shall be identified from land \n        previously conveyed to Cape Fox comprising approximately 2,900 \n        acres and designated as parcels A-1 to A-3, B-1 to B-3, and C \n        upon a map entitled ``Cape Fox Corporation ANCSA Land Exchange \n        Proposal,'' dated March 15, 2002, and available for inspection \n        in the Forest Service Region 10 regional office in Juneau, \n        Alaska.\n            (2) Conditions for parcels.--Land identified for exchange \n        within each parcel shall abut National Forest System land and \n        be in reasonably compact tracts.\n            (3) Easement.--The land identified for exchange shall \n        includes a public trail easement designated as ``D'' on the map \n        described in paragraph (1), unless the Secretary of Agriculture \n        agrees otherwise. The value of the easement shall be included \n        in determining the total value of land conveyed to the United \n        States.\n    (d) Valuation of Exchange land.--The Secretary of Agriculture shall \ndetermine whether the land identified by Cape Fox under subsection (c) \nis equal in value to the land described in subsection (b). If the land \nidentified under subsection (c) is determined to have insufficient \nvalue to equal the value of the land described in subsection (b), Cape \nFox and the Secretary shall mutually identify additional Cape Fox land \nfor exchange sufficient to equalize the value of land conveyed to Cape \nFox. Such land shall be contiguous to adjacent National Forest System \nland and in reasonably compact tracts.\n    (e) Conditions.--Notwithstanding section 14(f) of the Alaska Native \nClaims Settlement Act, the offer and conveyance of Federal land to Cape \nFox in the exchange shall be of the surface and subsurface estate. Such \noffer and conveyance shall be subject to valid existing rights and all \nprovisions of section 14(g) of such Act.\n    (f) Timing.--Not later than 90 days after the date of the enactment \nof this Act, the Secretary of Agriculture shall attempt to enter into \nan agreement with Cape Fox to consummate the exchange consistent with \nthis Act. The land identified in the exchange agreement shall be \nexchanged by conveyance at the earliest possible date after the \nexchange agreement is signed. Subject only to conveyance from Cape Fox \nto the United States of all its right, title, and interest in the Cape \nFox land included in the exchange consistent with this Act, the \nSecretary of the Interior shall complete the interim conveyance to Cape \nFox of the Federal land included in the exchange not later than 180 \ndays after the execution of the exchange agreement by Cape Fox and the \nSecretary of Agriculture.\n\nSEC. 6. EXCHANGE OF LAND BETWEEN SEALASKA AND THE TONGASS NATIONAL \n              FOREST.\n\n    (a) In General.--Upon conveyance of the Cape Fox land included in \nthe exchange under section 5 and conveyance and relinquishment by \nSealaska, in accordance with this Act, of the land and interests in \nland described in subsection (c), the Secretary of the Interior shall \nconvey to Sealaska the Federal land identified for exchange under \nsubsection (b).\n    (b) Land To Be Exchanged to Sealaska.--\n            (1) Selection area.--The land to be exchanged to Sealaska \n        is to be selected by Sealaska from Tongass National Forest land \n        comprising approximately 9,329 acres in T. 36 S., R. 62 E., \n        C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., \n        C.R.M., as designated upon a map entitled ``Proposed Sealaska \n        Corporation Land Exchange Kensington Lands Selection Area'', \n        dated April, 2002 and available for inspection in the Forest \n        Service Region 10 Regional Office in Juneau, Alaska.\n            (2) Notice of land selection.--Not later than 60 days after \n        receiving notice of the identification by Cape Fox of the \n        exchange land under section 5(c), Sealaska may identify, in \n        writing to the Secretaries of Agriculture and the Interior, the \n        land that Sealaska selects to receive in exchange for the \n        Sealaska land described in subsection (c).\n            (3) Conditions.--Land selected by Sealaska shall be in no \n        more than 2 contiguous and reasonably compact tracts that abut \n        the land described for exchange to Cape Fox in section 5(b). \n        The exchange conveyance to Sealaska shall be of the surface and \n        subsurface estate in the land selected and agreed to by the \n        Secretary but subject to valid existing rights and all other \n        provisions of section 14(g) of the Alaska Native Claims \n        Settlement Act.\n            (4) Equal value.--The Secretary of Agriculture shall \n        determine whether the selected land is equal in value to the \n        land described in subsection (c) and may adjust the amount of \n        selected land in order to reach agreement with Sealaska \n        regarding equal value.\n    (c) Land To Be Exchanged to the United States.--The land and \ninterests therein to be exchanged by Sealaska is--\n            (1) the subsurface estate underlying the Cape Fox exchange \n        land described in section 5(c);\n            (2) an additional approximately 2,506 acres of the \n        subsurface estate underlying Tongass National Forest surface \n        estate, described in Interim Conveyance No. 1673; and\n            (3) rights to an additional approximately 2,698 acres of \n        subsurface estate of Tongass National Forest land remaining to \n        be conveyed to Sealaska from Group 1, 2, and 3 land as set \n        forth in the Sealaska Corporation\/United States Forest Service \n        Split Estate Exchange Agreement of November 26, 1991, at \n        Schedule B, as modified on January 20, 1995.\n    (d) Timing.--The Secretary of Agriculture shall attempt, not later \nthan 90 days after receipt of the selection of land by Sealaska under \nsubsection (b), to enter into an agreement with Sealaska to consummate \nthe exchange consistent with this Act. The land identified in the \nexchange agreement shall be exchanged by conveyance at the earliest \npossible date after the exchange agreement is executed. Subject only to \nthe Cape Fox and Sealaska conveyances and relinquishments described in \nsubsection (a), the Secretary of the Interior shall complete the \ninterim conveyance to Sealaska of the Federal land selected for \nexchange not later than 180 days after execution of the agreement by \nSealaska and the Secretary of Agriculture.\n    (e) Modification of Agreement.--The executed exchange agreement \nunder this section shall be considered a further modification of the \nSealaska Corporation\/United States Forest Service Split Estate Exchange \nAgreement, as ratified in section 17 of Public Law 102-415 (October 14, \n1992).\n\nSEC. 7. MISCELLANEOUS PROVISIONS.\n\n    (a) Equal Value Requirement.--The exchanges described in this Act \nshall be of equal value. Cape Fox and Sealaska shall have the \nopportunity to present to the Secretary of Agriculture estimates of \nvalue of exchange land with supporting information.\n    (b) Title.--Cape Fox and Sealaska shall convey and provide evidence \nof title satisfactory to the Secretary of Agriculture for their \nrespective lands to be conveyed to the United States under this Act, \nsubject only to exceptions, reservations, and encumbrances in the \ninterim conveyance or patent from the United States or otherwise \nacceptable to the Secretary of Agriculture.\n    (c) Hazardous Substances.--Cape Fox, Sealaska, and the United \nStates each shall not be subject to liability for the presence of any \nhazardous substance in land or interests in land solely as a result of \nany conveyance or transfer of the land or interests therein under this \nAct.\n    (d) Effect on ANCSA Selections.--Any conveyance of Federal surface \nor subsurface land to Cape Fox or Sealaska under this Act shall be \nconsidered, for all purposes, land conveyed pursuant to the Alaska \nNative Claims Settlement Act. Nothing in this Act shall be construed to \nchange the total acreage of land entitlement of Cape Fox or Sealaska \nunder the Alaska Native Claims Settlement Act. Cape Fox and Sealaska \nshall remain charged for any land they exchange under this Act and any \nland conveyed pursuant to section 4, but shall not be charged for any \nland received under sections 5 or 6. The exchanges described in this \nAct shall be considered, for all purposes, actions which lead to the \nissuance of conveyances to Native Corporations pursuant to the Alaska \nNative Claims Settlement Act. Land or interests therein transferred to \nthe United States under this Act shall become and be administered as \npart of the Tongass National Forest.\n    (e) Effect on Statehood Selections.--Land conveyed to or selected \nby the State of Alaska under the Alaska Statehood Act (Public Law 85-\n508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for \nselection or conveyance under this Act without the consent of the State \nof Alaska.\n    (f) Maps.--The maps referred to in this Act shall be maintained on \nfile in the Forest Service Region 10 Regional Office in Juneau, Alaska. \nThe acreages cited in this Act are approximate, and if there is any \ndiscrepancy between cited acreage and the land depicted on the \nspecified maps, the maps shall control. The maps do not constitute an \nattempt by the United States to convey State or private land.\n    (g) Easements.--Notwithstanding section 17(b) of the Alaska Native \nClaims Settlement Act, Federal land conveyed to Cape Fox or Sealaska \npursuant to this Act shall be subject only to the reservation of public \neasements mutually agreed to and set forth in the exchange agreements \nexecuted under this Act. The easements shall include easements \nnecessary for access across the land conveyed under this Act for use of \nnational forest or other public land.\n    (h) Old Growth Reserves.--The Secretary of Agriculture shall add an \nequal number of acres to old growth reserves on the Tongass National \nForest as are transferred out of Federal ownership as a result of this \nAct.\n\n SEC. 8. AUTHORIZATION OF APPROPRIATION.\n\n    (a) Department of Agriculture.--There are authorized to be \nappropriated to the Secretary of Agriculture such sums as may be \nnecessary for--\n            (1) value estimation and related costs of exchanging land \n        specified in this Act; and\n            (2) road rehabilitation and habitat and timber stand \n        improvement (including thinning and pruning) on land acquired \n        by the United States under this Act.\n    (b) Department of the Interior.--There are authorized to be \nappropriated to the Secretary of the Interior such sums as may be \nnecessary for land surveys and conveyances pursuant to this Act.","title":""}
+{"_id":"c105","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Cardiac Arrest Survival Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Establishing a nationally uniform baseline of \n        protection from civil liability for persons who use automated \n        external defibrillators (in this section referred to as \n        ``AEDs'') in perceived medical emergencies, who own or hold \n        other property interests in AEDs used in perceived medical \n        emergencies, or who own, occupy, or manage premises in which an \n        AED is used or from which an AED is taken for use in a \n        perceived medical emergency will encourage the deployment of \n        additional AEDs, which will ultimately save lives that would \n        otherwise have been lost to cardiac arrest.\n            (2) The current patchwork of State ``Good Samaritan'' laws \n        provides incomplete, inconsistent, and, in some instances, \n        inadequate protection for entities considering the acquisition \n        or deployment of AEDs. In these circumstances, concerns about \n        potential liability resulting from the good-faith acquisition \n        and deployment of this life-saving technology are inhibiting \n        its deployment.\n            (3) Such concerns are especially acute for entities with \n        operations or facilities in multiple States, yet such entities \n        are also among those in which the widespread deployment of AEDs \n        would be most beneficial.\n            (4) A nationally uniform baseline of protection from civil \n        liability is needed for persons who use AEDs in perceived \n        medical emergencies, who own or hold other property interests \n        in AEDs used in perceived medical emergencies, or who own, \n        occupy, or manage premises in which an AED is used or from \n        which an AED is taken for use in a perceived medical emergency.\n\nSEC. 3. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL \n              DEFIBRILLATORS.\n\n    Section 248 of the Public Health Service Act (42 U.S.C. 238q) is \namended to read as follows:\n\n``SEC. 248. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL \n              DEFIBRILLATORS.\n\n    ``(a) Good Samaritan Protections.--Except as provided in subsection \n(e), in the case of a person who--\n            ``(1) uses or attempts to use an automated external \n        defibrillator device on a victim of a perceived medical \n        emergency, and\n            ``(2) is not the owner-acquirer (as defined in subsection \n        (c)(2)) of the device,\nsuch person is immune from civil liability for any harm resulting from \nthe use or attempted use of such device by such person.\n    ``(b) Premises Owner\/Lessee\/Manager Protections.--Except as \nprovided in subsection (e), in the case of a person who--\n            ``(1) owns, occupies under a lease or similar arrangement, \n        or manages--\n                    ``(A) the premises at which an automated external \n                defibrillator device is used or attempted to be used on \n                a victim of a perceived medical emergency, or\n                    ``(B) the premises from which an automated external \n                defibrillator device used or attempted to be used on a \n                victim of a perceived medical emergency is taken for \n                such use, and\n            ``(2) is not the owner-acquirer of such device,\nsuch person is immune from civil liability for any harm resulting from \nsuch use or attempted use of such device.\n    ``(c) Device Owner-Acquirer Protections.--\n            ``(1) In general.--Except as provided in subsection (e), an \n        owner-acquirer of an AED is immune from civil liability for any \n        harm resulting from the use or attempted use of such device, \n        unless the harm was proximately caused by the failure of the \n        owner-acquirer to properly maintain the device according to the \n        guidelines of the device manufacturer.\n            ``(2) Owner-acquirer defined.--For purposes of this \n        section, the term `owner-acquirer' means any person who owns or \n        has otherwise acquired a possessory property interest in an AED \n        that is used or attempted to be used on a victim of a perceived \n        medical emergency.\n    ``(d) Applicability of Immunity in Certain Circumstances.--The \nimmunity provided by subsections (a), (b), and (c) of this section \nshall apply regardless of whether--\n            ``(1) the AED that is used or attempted to be used is \n        marked with or accompanied by cautionary signage;\n            ``(2) the AED that is used or attempted to be used is \n        registered with any government;\n            ``(3) the person who used or attempted to use the AED saw, \n        read, understood, complied with, or attempted to comply with \n        any cautionary signage present;\n            ``(4) the person who used or attempted to use the AED had \n        received any training relating to the use of (a) AEDs in \n        general or (b) the particular AED used or attempted to be used; \n        or\n            ``(5) the person who used or attempted to use the AED was \n        assisted or supervised by any other person, including but not \n        limited to a licensed physician.\n    ``(e) Inapplicability of Immunity in Certain Circumstances.--\nNotwithstanding anything to the contrary in subsection (d) of this \nsection, immunity under subsection (a), (b), or (c)(1) does not apply \nto a person if--\n            ``(1) such person's willful or criminal misconduct, gross \n        negligence, reckless misconduct, or a conscious, flagrant \n        indifference to the rights or safety of the victim proximately \n        caused the harm involved;\n            ``(2) such person is a licensed or certified health \n        professional who used the automated external defibrillator \n        device while acting within the scope of the license or \n        certification of the professional and within the scope of the \n        employment or agency of the professional;\n            ``(3) such person is a hospital, clinic, or other entity \n        whose purpose is providing health care directly to patients, \n        and the harm was caused by an employee or agent of the entity \n        who used the device while acting within the scope of the \n        employment or agency of the employee or agent; or\n            ``(4) such person is an owner-acquirer of the device who \n        leased the device to a health care entity (or who otherwise \n        provided the device to such entity for compensation without \n        selling the device to the entity), and the harm was caused by \n        an employee or agent of the entity who used the device while \n        acting within the scope of the employment or agency of the \n        employee or agent.\n    ``(f) Rules of Construction.--\n            ``(1) In general.--The following apply with respect to this \n        section:\n                    ``(A) This section does not establish any cause of \n                action, or require that an automated external \n                defibrillator device be placed at any building or other \n                location. This section does not preempt any State law \n                requiring that an automated external defibrillator be \n                placed at any building or other location.\n                    ``(B) With respect to the class of persons for \n                which this section provides immunity from civil \n                liability, this section preempts the law of any State \n                to the extent that the otherwise-applicable State law \n                would allow for civil liability in any circumstance \n                where this section would provide immunity from civil \n                liability. This section does not preempt any State law \n                providing immunity from civil liability in any \n                circumstance for which this section would not provide \n                such immunity.\n                    ``(C) This section does not waive any protection \n                from liability for Federal officers or employees \n                under--\n                            ``(i) section 233 of this title; or\n                            ``(ii) sections 1346(b), 2672, and 2679 of \n                        title 28, United States Code, or under \n                        alternative benefits provided by the United \n                        States where the availability of such benefits \n                        precludes a remedy under section 1346(b) of \n                        such title 28.\n            ``(2) Civil actions under federal law.--\n                    ``(A) In general.--The applicability of subsections \n                (a), (b), (c), (d), and (e) includes applicability to \n                any action for civil liability described in subsection \n                (a), (b), or (c) that arises under Federal law.\n                    ``(B) Federal areas adopting state law.--If a \n                geographic area is under Federal jurisdiction and is \n                located within a State but out of the jurisdiction of \n                the State, and if, pursuant to Federal law, the law of \n                the State applies in such area regarding matters for \n                which there is no applicable Federal law, then an \n                action for civil liability described in subsection (a), \n                (b), or (c) that in such area arises under the law of \n                the State is subject to subsections (a) through (f) in \n                lieu of any related State law that would apply in such \n                area in the absence of this subparagraph.\n    ``(g) Federal Jurisdiction.--\n            ``(1) In any civil action arising under State law, the \n        courts of the State involved have jurisdiction to apply the \n        provisions of this section.\n            ``(2) The actual, asserted, or potential application of any \n        provision of this section in any civil action or as to any \n        civil claim shall not establish the original jurisdiction of \n        the Federal courts over such action or claim under section 1331 \n        of title 28, United States Code.\n    ``(h) Definitions.--\n            ``(1) Perceived medical emergency.--For purposes of this \n        section, the term `perceived medical emergency' means \n        circumstances in which the behavior of an individual leads a \n        reasonable person to believe that the individual is \n        experiencing a life-threatening medical condition that requires \n        an immediate medical response regarding the heart or other \n        cardiopulmonary functioning of the individual.\n            ``(2) Other definitions.--For purposes of this section:\n                    ``(A) The term `automated external defibrillator \n                device' or `AED' means a defibrillator device that--\n                            ``(i) is commercially distributed in \n                        accordance with the Federal Food, Drug, and \n                        Cosmetic Act;\n                            ``(ii) is capable of recognizing the \n                        presence or absence of ventricular \n                        fibrillation, and is capable of determining \n                        without intervention by the user of the device \n                        whether defibrillation should be performed;\n                            ``(iii) upon determining that \n                        defibrillation should be performed, is able to \n                        deliver an electrical shock to an individual; \n                        and\n                            ``(iv) in the case of a defibrillator \n                        device that may be operated in either an \n                        automated or a manual mode, is set to operate \n                        in the automated mode.\n                    ``(B) The term `cautionary signage' means, with \n                respect to an AED, any verbal or non-verbal markings or \n                language purporting to limit use of the AED by members \n                of the general public or to permit use of the AED only \n                by persons with specific skills, qualifications, or \n                training.\n                    ``(C)(i) The term `harm' includes physical, \n                nonphysical, economic, and noneconomic losses.\n                    ``(ii) The term `economic loss' means any pecuniary \n                loss resulting from harm (including the loss of \n                earnings or other benefits related to employment, \n                medical expense loss, replacement services loss, loss \n                due to death, burial costs, and loss of business or \n                employment opportunities) to the extent recovery for \n                such loss is allowed under applicable State law.\n                    ``(iii) The term `noneconomic losses' means losses \n                for physical and emotional pain, suffering, \n                inconvenience, physical impairment, mental anguish, \n                disfigurement, loss of enjoyment of life, loss of \n                society and companionship, loss of consortium (other \n                than loss of domestic service), hedonic damages, injury \n                to reputation and all other nonpecuniary losses of any \n                kind or nature.''.","title":""}
+{"_id":"c106","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Cavernous Angioma Research Resource \nAct of 2013''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) Cavernous angioma, also termed ``cerebral cavernous \n        malformations'' or ``CCM'', affects an estimated 1,500,000 \n        people in the United States.\n            (2) Cavernous angioma is a devastating blood vessel disease \n        that is characterized by the presence of vascular lesions that \n        develop and grow within the brain and spinal cord.\n            (3) Detection of cavernous angioma lesions is achieved \n        through costly and specialized medical imaging techniques. \n        These techniques are often not readily available where patients \n        live, and require sedation for children and disabled adults.\n            (4) Cavernous angioma is a common type of vascular anomaly, \n        but individuals may not be aware that they have the disease \n        until the onset of serious clinical symptoms. In the genetic \n        forms, they may not be aware that it may be passed on to their \n        children.\n            (5) Individuals diagnosed with cavernous angioma may \n        experience neurological deficits, seizure, stroke, or sudden \n        death.\n            (6) Due to limited research with respect to cavernous \n        angioma, there is no treatment regimen for the disease other \n        than brain and spinal surgery.\n            (7) Some individuals with cavernous angioma are not \n        candidates for brain surgery. No alternative treatment option \n        is available for such individuals.\n            (8) There is a shortage of physicians who are familiar with \n        cavernous angioma and affected individuals may find it \n        difficult to receive timely diagnosis and appropriate care.\n            (9) Due to the presence of a specific disease-causing \n        mutation, termed the ``common Hispanic mutation'' that has \n        passed through as many as 17 generations of Americans descended \n        from the original Spanish settlers of the Southwest in the \n        1590s, New Mexico has the highest population density of \n        cavernous angioma in the world. Cavernous angioma affects \n        thousands of individuals in New Mexico and with ancestry in New \n        Mexico.\n            (10) Other States with high rates of cavernous angioma due \n        to the common Hispanic Mutation include Texas, Arizona, and \n        Colorado.\n            (11) To address the public health threat posed by cavernous \n        angioma in New Mexico and throughout the United States, there \n        is a need to identify institutions capable of running clinical \n        trial for this debilitating brain disorder.\n\nSEC. 3. CAVERNOUS ANGIOMA RESEARCH ACTIVITIES.\n\n    Part B of title IV of the Public Health Service Act (42 U.S.C. 284 \net seq.) is amended by adding at the end the following:\n\n``SEC. 409K. CAVERNOUS ANGIOMA RESEARCH ACTIVITIES.\n\n    ``(a) Expansion, Intensification, and Coordination of Activities.--\nThe Director of NIH, acting through the director of the National \nInstitute of Neurological Disorders and Stroke, shall expand and \nintensify programs of the National Institutes of Health or may award \ngrants and cooperative agreements to public or nonprofit private \nentities (including State health departments, political subdivisions of \nStates, universities, and other educational entities) for research and \nrelated activities concerning cavernous angioma.\n    ``(b) Activities.--In expanding and intensifying programs under \nsubsection (a), the Director of NIH may carry out the following:\n            ``(1) Basic, translational, and clinical research.--Conduct \n        or financially support basic, clinical, and translational \n        research on cavernous angioma, including research on the \n        following:\n                    ``(A) Proteomic, pharmacological, and cell \n                biological analysis of the cerebral cavernous \n                malformations (referred to in this section as the \n                `CCM') molecules.\n                    ``(B) Continued development and expansion of novel \n                animal models for cavernous angioma preclinical \n                research.\n                    ``(C) Early detection, diagnosis, and treatment of \n                cavernous angioma.\n                    ``(D) Biological mechanisms for lesion genesis, \n                development, and maturation.\n                    ``(E) Biological mechanisms for lesion bleeding and \n                symptomology.\n                    ``(F) Novel biomedical and pharmacological \n                interventions designed to prohibit new lesion \n                development, lesion growth, and lesion bleeding.\n                    ``(G) Contributions of genetic variation to \n                clinical presentation as targets for therapy.\n                    ``(H) Identification and development of biomarkers \n                to measure phenotypic variation.\n                    ``(I) Research related to improving the quality of \n                life for individuals with cavernous angioma and their \n                families.\n                    ``(J) Clinical training programs aimed at \n                increasing the number of scientists and clinicians who \n                are trained to treat patients and carry out these \n                research directions.\n            ``(2) Facilitation of research resources; clinical trial \n        preparedness.--\n                    ``(A) Coordination.--Identify and support the \n                development of a clinical and research coordinating \n                center with the potential of coordinating a multi-site \n                clinical drug trial for cavernous angioma. Such \n                coordinating center shall provide a model for \n                additional trial sites, facilitate medical research to \n                develop a cure for cavernous angioma, and enhance the \n                medical care of individuals with cavernous angioma \n                nationwide. Such coordinating center shall--\n                            ``(i) have an institutional infrastructure \n                        that is capable of hosting a clinical trial \n                        site and facilitating translational projects \n                        and collaborations for clinical trials;\n                            ``(ii) have the capacity to maintain \n                        programs dedicated to patient education, \n                        patient outreach, and awareness, including--\n                                    ``(I) launching a national \n                                multimedia public awareness campaign;\n                                    ``(II) creating and distributing \n                                patient education materials for \n                                distribution by national physician and \n                                surgeon offices;\n                                    ``(III) establishing an education \n                                program for elementary and secondary \n                                school nurses to facilitate early \n                                detection and diagnosis of cavernous \n                                angioma in areas of high cavernous \n                                angioma population density;\n                                    ``(IV) coordinating regular patient \n                                and family-oriented educational \n                                conferences; and\n                                    ``(V) developing nationally \n                                relevant electronic health teaching and \n                                communication tools and a network of \n                                professional capacity and patient and \n                                family support;\n                            ``(iii) have the capacity to establish and \n                        maintain communication with other major \n                        cavernous angioma research and care \n                        institutions internationally for information \n                        sharing and coordination of research \n                        activities;\n                            ``(iv) have demonstrated clinical expertise \n                        in cavernous angioma management;\n                            ``(v) have a sufficient number of eligible \n                        patients for participation with particular \n                        focus on unique subpopulations including Common \n                        Hispanic Mutation and CCM3 gene mutation \n                        carriers; and\n                            ``(vi) have a telehealth infrastructure to \n                        support and to provide clinical consultation \n                        for remote and underserved communities.\n                    ``(B) Participation.--Identify and support the \n                development of clinical and research participation \n                centers with the potential to participate in a multi-\n                site clinical drug trial for cavernous angioma. Such \n                participation centers may facilitate medical research \n                to develop a cure for cavernous angioma and enhance the \n                medical care of individuals with cavernous angioma in \n                partnership with the coordinating center under \n                subparagraph (A) and other national and international \n                centers. Such participation centers shall--\n                            ``(i) have an institutional infrastructure \n                        capable of hosting a clinical trial site and \n                        facilitating translational projects and \n                        collaborations for clinical trials;\n                            ``(ii) have the capacity to maintain \n                        communication with other major cavernous \n                        angioma research and care institutions \n                        internationally for information sharing and \n                        coordination of research activities;\n                            ``(iii) have demonstrated clinical \n                        expertise in cavernous angioma management; and\n                            ``(iv) have a sufficient numbers of \n                        eligible patients for participation with \n                        particular focus on unique subpopulations \n                        including Common Hispanic Mutation and CCM3 \n                        gene mutation carriers as these unique \n                        populations may provide insight to other \n                        genetic and non-genetic forms of the illness.\n    ``(c) Training Program for Clinicians and Scientists.--\n            ``(1) In general.--Eligible coordinating and participation \n        centers under this section shall establish or expand training \n        programs for medical and allied health clinicians and \n        scientists in clinical practice and research relevant to \n        cavernous angioma.\n            ``(2) Research resources.--In carrying out this subsection, \n        the Director of NIH may--\n                    ``(A) use information collected by the National \n                Institutes of Health pursuant to other provisions of \n                law or prior to the date of the enactment of this \n                section;\n                    ``(B) take into consideration the availability of \n                other research resources;\n                    ``(C) encourage the use of research resources for \n                research on, and development of, therapies and \n                treatments for individuals with cavernous angioma; and\n                    ``(D) encourage the inclusion of individuals with \n                cavernous angioma in clinical trials conducted or \n                supported by the National Institutes of Health.\n            ``(3) Cavernous angioma consortium.--The Director of NIH \n        may provide for the participation of agencies of the National \n        Institutes of Health in a consortium to facilitate the exchange \n        of information and to make the research effort on cavernous \n        angioma more efficient and effective by ensuring consistent \n        communication, minimizing duplication of effort, and \n        integrating the varied perspectives of partner agencies, \n        organizations, and individuals. Such consortium shall include \n        at least one national cavernous angioma patient advocacy \n        organization and may be the same consortium receiving a grant \n        or contract under subsection (b)(2)(A).''.\n\nSEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION CAVERNOUS ANGIOMA \n              SURVEILLANCE AND RESEARCH PROGRAMS.\n\n    Part B of title III of the Public Health Service Act (42 U.S.C. 243 \net seq.) is amended by inserting after section 317T the following:\n\n``SEC. 317U. CAVERNOUS ANGIOMA SURVEILLANCE AND RESEARCH PROGRAMS.\n\n    ``(a) In General.--The Secretary, acting through the Director of \nthe Centers for Disease Control and Prevention, may award grants and \ncooperative agreements to public or nonprofit private entities \n(including State health departments, political subdivisions of States, \nuniversities, and other educational entities) for the collection, \nanalysis, and reporting of data on cavernous angioma. In making such \nawards, the Secretary may provide direct technical assistance, \nincluding personnel support, in lieu of cash.\n    ``(b) National Cavernous Angioma Epidemiology Program.--\n            ``(1) Grants.--The Secretary, acting through the Director \n        of the Centers for Disease Control and Prevention, may award \n        grants to public or nonprofit private entities (including State \n        health departments, political subdivisions of States, \n        universities, and other educational entities) for the purpose \n        of carrying out epidemiological activities regarding cavernous \n        angioma, including collecting and analyzing information on the \n        number, incidence, correlates, and symptoms of cases and the \n        clinical utility (including costs and benefits) of specific \n        practice patterns. In making such awards, the Secretary may \n        provide direct technical assistance, including personnel \n        support, in lieu of cash.\n            ``(2) National surveillance program.--In carrying out \n        subsection (a), the Secretary shall--\n                    ``(A) provide for a national surveillance program; \n                and\n                    ``(B) where possible, ensure that the surveillance \n                program is coordinated with the data and sample \n                collection activities of the National Institutes of \n                Health under section 409K.''.\n\nSEC. 5. FOOD AND DRUG ADMINISTRATION CAVERNOUS ANGIOMA CLINICAL TRIAL \n              PREPAREDNESS AND SUPPORT PROGRAM.\n\n    (a) Investigational New Drug Application.--The Commissioner of Food \nand Drugs shall work with clinical centers, investigators, and \nadvocates to support appropriate investigational new drug application \nunder section 505(i) of the Federal Food, Drug, and Cosmetic Act in an \neffort to hasten the pace of clinical trials for cavernous angioma.\n    (b) Orphan Product Development.--Where applicable in rare \nsubpopulations of cavernous angioma requiring unique pharmacological \nintervention, including those with the Common Hispanic Mutation or CCM3 \ngene mutations, the Commissioner of Food and Drugs shall support \nappropriate requests for designations of drugs as orphan drugs under \nsection 526 of the Federal Food, Drug, and Cosmetic Act.\n\nSEC. 6. REPORT TO CONGRESS.\n\n    Not later than January 1, 2015, and each January 1 thereafter, the \nSecretary of Health and Human Services shall prepare and submit to the \nappropriate committees of the Congress a report concerning the \nimplementation of this Act and the amendments made by this Act.","title":""}
+{"_id":"c107","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Charitable Pension Flexibility Act \nof 2013''.\n\nSEC. 2. ELECTION TO CEASE TO BE TREATED AS AN ELIGIBLE CHARITY PLAN.\n\n    (a) In General.--Subsection (d) of section 104 of the Pension \nProtection Act of 2006, as added by section 202 of the Preservation of \nAccess to Care for Medicare Beneficiaries and Pension Relief Act of \n2010, is amended by--\n            (1) striking ``For purposes of'' and inserting ``(1) In \n        general.--For purposes of'', and\n            (2) adding at the end the following:\n            ``(2) Election not to be an eligible charity plan.--A plan \n        sponsor may elect for a plan to cease to be treated as an \n        eligible charity plan for plan years beginning after December \n        31, 2013. Such election shall be made at such time and in such \n        form and manner as shall be prescribed by the Secretary of the \n        Treasury. Any such election may be revoked only with the \n        consent of the Secretary of the Treasury.\n            ``(3) Election to use funding options available to other \n        plan sponsors.--\n                    ``(A) In general.--A plan sponsor that makes the \n                election described in paragraph (2) may also elect for \n                a plan to apply the rules described in subparagraphs \n                (B), (C), and (D) for plan years beginning after \n                December 31, 2013. Such election shall be made at such \n                time and in such form and manner as shall be prescribed \n                by the Secretary of the Treasury. Any such election may \n                be revoked only with the consent of the Secretary of \n                the Treasury.\n                    ``(B) Applicable shortfall amortization bases.--\n                Under the rules described in this subparagraph, for the \n                first plan year beginning after December 31, 2013, a \n                plan has--\n                            ``(i) an 11-year shortfall amortization \n                        base,\n                            ``(ii) a 12-year shortfall amortization \n                        base, and\n                            ``(iii) a 7-year shortfall amortization \n                        base.\n                    ``(C) Determination of installments.--Under the \n                rules described in this subparagraph, section \n                430(c)(2)(A) and (B) of the Internal Revenue Code of \n                1986 and section 303(c)(2)(A) and (B) of the Employee \n                Retirement Income Security Act of 1974 shall be \n                applied--\n                            ``(i) in the case of an 11-year shortfall \n                        amortization base, by substituting `11-plan-\n                        year period' for `7-plan-year period' wherever \n                        it appears, and\n                            ``(ii) in the case a 12-year shortfall \n                        amortization base, by substituting `12-plan-\n                        year period' for `7-plan-year period' wherever \n                        it appears.\n                    ``(D) Alternate required installments.--Under the \n                rules described in this subparagraph, section 430(c)(7) \n                of the Internal Revenue Code of 1986 and section \n                303(c)(7) of the Employee Retirement Income Security \n                Act of 1974 shall apply to a plan for which an election \n                has been made under subparagraph (A). Such provisions \n                shall apply in the following manner:\n                            ``(i) The first plan year beginning after \n                        December 31, 2013, shall be treated as an \n                        election year, and no other plan years shall be \n                        so treated.\n                            ``(ii) All references in section 430(c)(7) \n                        of such Code and in section 303(c)(7) of such \n                        Act to `February 28, 2010' or `March 1, 2010' \n                        shall be treated as references to `February 28, \n                        2013' or `March 1, 2013', respectively.\n                    ``(E) 11-year shortfall amortization base.--For \n                purposes of this paragraph, the 11-year shortfall \n                amortization base is an amount, determined for the \n                first plan year beginning after December 31, 2013, \n                equal to the unamortized principal amount of the \n                shortfall amortization base (as defined in section \n                430(c)(3) of the Internal Revenue Code of 1986 and \n                section 303(c)(3) of the Employee Retirement Income \n                Security Act of 1974) that would have applied to the \n                plan for the first plan year beginning after December \n                31, 2009, if--\n                            ``(i) the plan had never been an eligible \n                        charity plan.\n                            ``(ii) the plan sponsor had made the \n                        election described in section 430(c)(2)(D)(i) \n                        of the Internal Revenue Code of 1986 and in \n                        section 303(c)(2)(D)(i) of the Employee \n                        Retirement Income Security Act of 1974 to have \n                        section 430(c)(2)(D)(iii) of such Code and \n                        section 303(c)(2)(D)(iii) of such Act apply \n                        with respect to the shortfall amortization base \n                        for the first plan year beginning after \n                        December 31, 2009, and\n                            ``(iii) no event had occurred under \n                        paragraph (6) or (7) of section 430(c) of such \n                        Code or paragraph (6) or (7) of section 303(c) \n                        of such Act that, as of the first day of the \n                        first plan year beginning after December 31, \n                        2013, would have modified the shortfall \n                        amortization base or the shortfall amortization \n                        installments with respect to the first plan \n                        year beginning after December 31, 2009.\n                    ``(F) 12-year shortfall amortization base.--For \n                purposes of this paragraph, the 12-year shortfall \n                amortization base is an amount, determined for the \n                first plan year beginning after December 31, 2013, \n                equal to the unamortized principal amount of the \n                shortfall amortization base (as defined in section \n                430(c)(3) of the Internal Revenue Code of 1986 and \n                section 303(c)(3) of the Employee Retirement Income \n                Security Act of 1974) that would have applied to the \n                plan for the first plan beginning after December 31, \n                2010, if--\n                            ``(i) the plan had never been an eligible \n                        charity plan,\n                            ``(ii) the plan sponsor had made the \n                        election described in section 430(c)(2)(D)(i) \n                        of the Internal Revenue Code of 1986 and in \n                        section 303(c)(2)(D)(i) of the Employee \n                        Retirement Income Security Act of 1974 to have \n                        section 430(c)(2)(D)(iii) of such Code and \n                        section 303(c)(2)(D)(iii) of such Act apply \n                        with respect to the shortfall amortization base \n                        for the first plan year beginning after \n                        December 31, 2010, and\n                            ``(iii) no event had occurred under \n                        paragraph (6) or (7) of section 430(c) of such \n                        Code or paragraph (6) or (7) of section 303(c) \n                        of such Act that, as of the first day of the \n                        first plan year beginning after December 31, \n                        2013, would have modified the shortfall \n                        amortization base or the shortfall amortization \n                        installments with respect to the first plan \n                        year beginning after December 31, 2010.\n                    ``(G) 7-year shortfall amortization base.--For \n                purposes of this paragraph, the 7-year shortfall \n                amortization base is an amount, determined for the \n                first plan year beginning after December 31, 2013, \n                equal to--\n                            ``(i) the shortfall amortization base for \n                        the first plan year beginning after December \n                        31, 2013, without regard to this paragraph, \n                        minus\n                            ``(ii) the sum of the 11-year shortfall \n                        amortization base and the 12-year shortfall \n                        amortization base.''.\n    (b) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.","title":""}
+{"_id":"c108","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Check the Box for Homeless Veterans \nAct of 2013''.\n\nSEC. 2. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND.\n\n    (a) In General.--Subchapter A of chapter 61 of the Internal Revenue \nCode of 1986 is amended by adding at the end the following new part:\n\n   ``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND\n\n``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund.\n\n``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND.\n\n    ``(a) In General.--Every individual, with respect to the taxpayer's \nreturn for the taxable year of the tax imposed by chapter 1--\n            ``(1) may designate that a specified portion (not less than \n        $1) of any overpayment of tax shall be paid over to the \n        Homeless Veterans Assistance Fund in accordance with the \n        provisions of section 9512, and\n            ``(2) in addition to any payment (if any) under paragraph \n        (1), may make a contribution to the United States of an \n        additional amount which shall be paid over to such Fund.\n    ``(b) Manner and Time of Designation and Contribution.--A \ndesignation and contribution under subsection (a) may be made with \nrespect to any taxable year--\n            ``(1) at the time of filing the return of the tax imposed \n        by chapter 1 for such taxable year, or\n            ``(2) at any other time (after such time of filing) \n        specified in regulations prescribed by the Secretary.\nSuch designation and contribution shall be made in such manner as the \nSecretary prescribes by regulations except that, if such designation is \nmade at the time of filing the return of the tax imposed by chapter 1 \nfor such taxable year, such designation shall be made either on the \nfirst page of the return or on the page bearing the taxpayer's \nsignature.\n    ``(c) Overpayments Treated as Refunded.--For purposes of this \ntitle, any portion of an overpayment of tax designated under subsection \n(a) shall be treated as--\n            ``(1) being refunded to the taxpayer as of the last date \n        prescribed for filing the return of tax imposed by chapter 1 \n        (determined without regard to extensions) or, if later, the \n        date the return is filed, and\n            ``(2) a contribution made by such taxpayer on such date to \n        the United States.''.\n    (b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND.\n\n    ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Homeless Veterans \nAssistance Fund', consisting of such amounts as may be appropriated or \ncredited to such fund as provided in this section or section 9602(b).\n    ``(b) Transfers to Trust Fund.--There are hereby appropriated to \nthe Homeless Veterans Assistance Fund amounts equivalent to the amounts \ndesignated and contributed under section 6098.\n    ``(c) Expenditures.--\n            ``(1) In general.--Subject to paragraphs (2) and (3), \n        amounts in the Homeless Veterans Assistance Fund shall be \n        available (and shall remain available until expended) to the \n        Department of Veterans Affairs, in consultation with the \n        Department of Labor Veterans' Employment and Training Service \n        and the Department of Housing and Urban Development, for the \n        purpose of providing services to homeless veterans, through--\n                    ``(A) the development and implementation of new and \n                innovative strategies to prevent and end veteran \n                homelessness, and\n                    ``(B) any homeless veteran program administered by \n                the Department of Veterans Affairs, the Department of \n                Labor Veterans' Employment and Training Service, and \n                the Department of Housing and Urban Development.\n            ``(2) Additional allocations.--The Secretary of Veterans \n        Affairs is authorized to make transfers from the amounts \n        described in paragraph (1) to the Department of Labor Veterans' \n        Employment and Training Service and the Department of Housing \n        and Urban Development for the purpose of supporting programs \n        that serve homeless veterans.\n            ``(3) Advance notice.--The Secretary of Veterans Affairs, \n        in collaboration with the Secretary of Labor and Secretary of \n        Housing and Urban Development, shall submit a detailed \n        expenditure plan for any amounts in the Homeless Veterans \n        Assistance Fund to the Committees on Veterans' Affairs and \n        Committees on Appropriations of the House of Representatives \n        and of the Senate not later than 60 days prior to any \n        expenditure of such amounts.\n    ``(d) President's Annual Budget Information.--Beginning with the \nPresident's annual budget submission for fiscal year 2014 and every \nyear thereafter, the Department of Veterans Affairs, the Department of \nLabor, and the Department of Housing and Urban Development shall \ninclude a description of the use of funds from the Homeless Veterans \nAssistance Fund from the previous fiscal year and the proposed use of \nsuch funds for the next fiscal year.''.\n    (c) Clerical Amendments.--\n            (1) The table of parts for subchapter A of chapter 61 of \n        the Internal Revenue Code of 1986 is amended by adding at the \n        end the following new item:\n\n  ``PART IX--Contributions to the Homeless Veterans Assistance Fund''.\n\n            (2) The table of sections for subchapter A of chapter 98 of \n        such Code is amended by adding at the end the following new \n        item:\n\n``Sec. 9512. Homeless Veterans Assistance Fund.''.\n    (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","title":""}
+{"_id":"c109","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Chemical Facility Anti-Terrorism \nSecurity Authorization Act of 2011''.\n\nSEC. 2. CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS.\n\n    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et \nseq.) is amended by adding at the end the following new title:\n\n   ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS\n\n``SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS.\n\n    ``(a) In General.--The Secretary shall maintain, and revise as \nnecessary, regulations to protect chemical facilities against terrorism \nand potential terrorist attacks. Such regulations shall include--\n            ``(1) risk-based performance standards for chemical \n        facility security;\n            ``(2) requirements for chemical facility security \n        vulnerability assessments; and\n            ``(3) requirements for the development and implementation \n        of chemical facility site security plans.\n    ``(b) Facilities Regulated.--The regulations required by subsection \n(a) shall apply to any chemical facility that the Secretary determines \npresents a high level of security risk with respect to acts of \nterrorism, except that the Secretary may not apply such regulations to \nany of the following:\n            ``(1) Any facility owned or operated by the Department of \n        Defense.\n            ``(2) Any facility owned or operated by the Department of \n        Energy.\n            ``(3) Any facility subject to regulation by the Nuclear \n        Regulatory Commission.\n            ``(4) Any facility regulated under chapter 701 of title 46, \n        United States Code.\n            ``(5) A public water system, as such term is defined by \n        section 1401(4) of the Safe Drinking Water Act (42 U.S.C. \n        300f(4)).\n            ``(6) A treatment works, as such term is defined by section \n        212(2) of the Federal Water Pollution Control Act (33 U.S.C. \n        1292(2)).\n    ``(c) Security Measures.--The regulations required by subsection \n(a) shall provide that each such facility, in developing and \nimplementing site security plans, be permitted to select layered \nsecurity measures that, in combination, appropriately address the \nvulnerability assessment and the risk-based performance standards for \nsecurity for the facility.\n    ``(d) Review.--\n            ``(1) In general.--The Secretary shall review and approve \n        or disapprove each vulnerability assessment and site security \n        plan required under this title or by the regulations required \n        by subsection (a).\n            ``(2) Standards for disapproval.--The Secretary may not \n        disapprove such a site security plan based on the presence or \n        absence of a particular security measure, but the Secretary may \n        disapprove such a site security plan if the plan fails to \n        satisfy the risk-based performance standards established by the \n        Secretary.\n            ``(3) Deadline for notification.--Beginning after the \n        Secretary publishes final regulations to implement this \n        section, not later than 180 days, to the greatest extent \n        practicable, after the date on which the Secretary receives a \n        security vulnerability assessment or site security plan under \n        this title, the Secretary shall review and approve or \n        disapprove such assessment or plan and notify the covered \n        chemical facility of such approval or disapproval.\n            ``(4) Notification of disapproval.--If the Secretary \n        disapproves the security vulnerability assessment or site \n        security plan submitted by a covered chemical facility under \n        this title or the implementation of a site security plan by \n        such a chemical facility, the Secretary shall provide the owner \n        or operator of the covered chemical facility a written \n        notification of the disapproval not later than 14 days after \n        the date on which the Secretary disapproves such assessment or \n        plan, that--\n                    ``(A) includes a clear explanation of deficiencies \n                in the assessment, plan, or implementation of the plan; \n                and\n                    ``(B) requires the owner or operator of the covered \n                chemical facility to revise the assessment or plan to \n                address any deficiencies and, by such date as the \n                Secretary determines is appropriate, to submit to the \n                Secretary the revised assessment or plan.\n            ``(5) Reporting.--The Secretary shall submit to the \n        Committee on Homeland Security of the House of Representatives \n        and the Committee on Homeland Security and Government Affairs \n        of the Senate, on an annual basis, information on the number of \n        instances during the year covered by the report where the \n        Secretary determined that the 180 day notification requirement \n        under paragraph (3) was impracticable.\n    ``(e) Alternative Security Programs.--The Secretary may approve any \nalternative security program established by a private sector entity or \nFederal, State, or local authority, or under another applicable law, if \nthe Secretary determines that the requirements of such program meets \nthe requirements of this title and any regulations issued or maintained \npursuant to this title.\n    ``(f) Security Background Checks.--In any personnel surety \nregulation issued by the Secretary pursuant to subsection (a), the \nSecretary shall include provisions on how an owner or operator of a \ncovered chemical facility can meet, in whole or in part, the \nrequirements set forth in such regulations by submitting--\n            ``(1) information on an employee or individual holding a \n        valid transportation security card issued under section 70105 \n        of title 46, United States Code;\n            ``(2) an alternate security background check conducted by a \n        private sector entity, including the owner and operator of a \n        covered chemical facility and a non-profit personnel surety \n        accrediting organization; and\n            ``(3) an alternate security background check conducted \n        under another applicable law.\n    ``(g) Technical Assistance to Small Businesses.--The Secretary \nshall provide technical assistance to any owner or operator of a \ncovered chemical facility who requests such assistance to prepare a \nsecurity vulnerability assessment or site security plan required under \nthis title or by the regulations required by subsection (a), if the \ncovered chemical facility is a small business concern, under the \nmeaning given that term in section 3 of the Small Business Act (15 \nU.S.C. 632).\n\n``SEC. 2102. INFORMATION PROTECTION.\n\n    ``(a) In General.--Notwithstanding any other provision of law, \ninformation developed pursuant to this title, or pursuant to the \nregulations required by section 2101(a), including vulnerability \nassessments, site security plans, and other security related \ninformation, records, and documents shall be given protections from \npublic disclosure consistent with similar information developed by \nchemical facilities subject to regulation under section 70103 of title \n46, United States Code.\n    ``(b) Sharing of Information.--\n            ``(1) State and local governments.--This section does not \n        prohibit the sharing of such information, as the Secretary \n        determines appropriate, with State and local government \n        officials possessing the appropriate security clearances, \n        including emergency response providers, for the purpose of \n        carrying out this title, as long as such information may not be \n        disclosed pursuant to any State or local law.\n            ``(2) Congress.--Nothing in this title shall permit or \n        authorize the withholding of information from Congress or any \n        committee or subcommittee thereof.\n    ``(c) Administrative and Judicial Proceedings.--In any proceeding \nto enforce this title, vulnerability assessments, site security plans, \nand other information submitted to or obtained by the Secretary under \nthis title, and related vulnerability or security information, shall be \ntreated as if the information were classified material.\n\n``SEC. 2103. ENFORCEMENT.\n\n    ``(a) In General.--The Secretary shall audit and inspect chemical \nfacilities subject to regulation under this title for the purposes of \ndetermining compliance with this title and the regulations required by \nsection 2101(a).\n    ``(b) Orders for Compliance.--If the Secretary determines that a \nchemical facility is not in compliance with this title or the \nregulations required by section 2101(a), the Secretary shall provide \nthe owner or operator of the facility with written notification \n(including a clear explanation of deficiencies in the vulnerability \nassessment and site security plan) and an opportunity for consultation, \nand issue an order to comply by such date as the Secretary determines \nto be appropriate under the circumstances.\n    ``(c) Civil Penalties.--Any person who violates an order issued \nunder this title shall be liable for a civil penalty under section \n70119(a) of title 46, United States Code.\n    ``(d) Order To Cease Operation.--If the owner or operator of a \nchemical facility subject to regulation under this title continues to \nbe in noncompliance, the Secretary may issue an order for the facility \nto cease operation until the owner or operator complies with the order.\n    ``(e) Exception.--Nothing in this title confers upon any person \nexcept the Secretary a right of action against an owner or operator of \na chemical facility to enforce any provision of this title.\n\n``SEC. 2104. JOBS IMPACT.\n\n    ``Not later than one year after the date of the enactment of this \ntitle, and annually thereafter, the Secretary shall submit to the \nCommittee on Homeland Security of the House of Representatives and the \nCommittee on Homeland Security and Governmental Affairs of the Senate a \nreport that, at a minimum, includes--\n            ``(1) an estimate of the potential jobs created or lost \n        within the private sector as a result of the regulations \n        required under section 2101 of this title; and\n            ``(2) information on feedback received from owners and \n        operators of covered chemical facilities about how the \n        regulations required under section 2101 of this title could be \n        revised to spur potential job creation or stem job losses.\n\n``SEC. 2105. SCOPE.\n\n    ``Nothing in this title shall be construed to supersede, amend, \nalter, or affect any Federal law that regulates the manufacture, \ndistribution in commerce, use, sale, other treatment, or disposal of \nchemical substances or mixtures.\n\n``SEC. 2106. PREEMPTION.\n\n    ``This title shall not preclude or deny any right of any State or \npolitical subdivision thereof to adopt or enforce any regulation, \nrequirement, or standard of performance with respect to chemical \nfacility security that is more stringent than a regulation, \nrequirement, or standard of performance required under this title, or \notherwise impair any right or jurisdiction of any State with respect to \nchemical facilities within that State, unless there is an actual \nconflict between this title and the law of that State.\n\n``SEC. 2107. TERMINATION.\n\n    ``The authority provided by this title shall terminate on September \n30, 2018.\n\n``SEC. 2108. AUTHORIZATION OF APPROPRIATIONS.\n\n    ``There is authorized to be appropriated to the Secretary to carry \nout this title $89,928,000 for each of fiscal years 2012 through \n2018.''.\n    (b) Table of Contents.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by \nadding at the end the following new items:\n\n   ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS\n\n``Sec. 2101. Chemical facility anti-terrorism security regulations.\n``Sec. 2102. Information protection.\n``Sec. 2103. Enforcement.\n``Sec. 2104. Jobs Impact.\n``Sec. 2105. Scope.\n``Sec. 2106. Preemption.\n``Sec. 2107. Termination.\n``Sec. 2108. Authorization of appropriations.''.\n\nSEC. 3. CONFORMING REPEAL.\n\n    (a) Repeal.--The Department of Homeland Security Appropriations \nAct, 2007 (Public Law 109-295) is amended by striking section 550.\n    (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the date of the enactment of this Act.\n\nSEC. 4. HARMONIZATION.\n\n    Not later than 180 days after the date of the enactment of this \nAct, the Secretary of Homeland Security shall submit to Committee on \nHomeland Security of the House of Representatives and the Committee on \nCommerce, Science, and Transportation of the Senate a report on the \nextent to which the security requirements under title XXI of the \nHomeland Security Act of 2002, as added by this Act, have been \nharmonized with the security requirements for facilities regulated \nunder chapter 701 of title 46, United States Code.","title":""}
+{"_id":"c11","text":"SECTION 1. CANYON FERRY RESERVOIR, MONTANA.\n\n    (a) Definition of Individual Property Purchaser.--Section 1003 of \ntitle X of division C of the Omnibus Consolidated and Emergency \nSupplemental Appropriations Act, 1999 (112 Stat. 2681-711) is amended--\n            (1) by redesignating paragraphs (4) through (12) as \n        paragraphs (5) through (13), respectively; and\n            (2) by inserting after paragraph (3) the following:\n            ``(4) Individual property purchaser.--The term `individual \n        property purchaser', with respect to an individual cabin site \n        described in section 1004(b), means a person (including CFRA or \n        a lessee) that purchases that cabin site.\n    (b) Sale of Properties.--Section 1004 of title X of division C of \nthe Omnibus Consolidated and Emergency Supplemental Appropriations Act, \n1999, is amended--\n            (1) in subsection (c)(2) (112 Stat. 2681-713)--\n                    (A) by redesignating subparagraph (B) as \n                subparagraph (C); and\n                    (B) by inserting after subparagraph (A) the \n                following:\n                    ``(B) Appraisal.--\n                            ``(i) Applicabiity.--In carrying out this \n                        paragraph, the requirements of this \n                        subparagraph shall apply to the greatest extent \n                        practicable and consistent with the Uniform \n                        Appraisal Standards for Federal Land \n                        Acquisition.\n                            ``(ii) Use of earlier appraisal.--The \n                        appraisal under subparagraph (A) shall use the \n                        Canyon Ferry Cabin Site appraisal with a \n                        completion date of March 29, 1999, and amended \n                        June 11, 1999, with an effective date of \n                        valuation of October 15, 1998, for the Bureau \n                        of Reclamation, on the conditions stated in \n                        this subparagraph.\n                            ``(iii) Modifications.--The contract \n                        appraisers that conducted the original \n                        appraisal having an effective date of valuation \n                        of October 15, 1998, for the Bureau of \n                        Reclamation shall make appropriate \n                        modifications to permit recalculation of the \n                        lot values established in the original \n                        appraisal into an updated appraisal, the \n                        function of which shall be to provide market \n                        values for the sale of each of the 265 Canyon \n                        Ferry Cabin site lots.\n                            ``(iv) Changes in property \n                        characteristics.--If there are any changes in \n                        the characteristic of a property that form part \n                        of the basis of the updated appraisal \n                        (including a change in size, easement \n                        considerations, or updated analyses of the \n                        physical characteristics of a lot), the \n                        contract appraisers shall make an appropriate \n                        adjustment to the updated appraisal.\n                            ``(v) Updating.--Subject to the approval of \n                        CFRA and the Secretary, the fair market values \n                        established by the appraisers under this \n                        paragraph may be further updated periodically \n                        by the contract appraisers through appropriate \n                        market analyses.\n                            ``(vi) Reconsideration.--The Bureau of \n                        Reclamation and the 265 Canyon Ferry cabin \n                        owners have the right to seek reconsideration, \n                        before commencement of the updated appraisal, \n                        of the assumptions that the appraisers used in \n                        arriving at the fair market values derived in \n                        the original appraisal.\n                            ``(vii) Continuing validity.--The October \n                        15, 1998, Canyon Ferry Cabin Site original \n                        appraisal, as provided for in this paragraph, \n                        shall remain valid for use by the Bureau of \n                        Reclamation in the sale process for a period of \n                        not less than 3 years from the date of \n                        completion of the updated appraisal, to the \n                        extent consistent with the Uniform Appraisal \n                        Standards for Federal Land Acquisition.'';\n            (2) in subsection (d) (112 Stat. 2681-713)--\n                    (A) in paragraph (1)(D), by adding at the end the \n                following:\n                            ``(iii) Remaining leases.--\n                                    ``(I) Continuation of leases.--The \n                                remaining lessees shall have a right to \n                                continue leasing through August 31, \n                                2014.\n                                    ``(II) Right to close.--The \n                                remaining lessees shall have the right \n                                to close under the terms of the sale at \n                                any time before August 31, 2014. On \n                                termination of the lease either by \n                                expiration under the terms of the lease \n                                or by violation of the terms of the \n                                lease, all personal property and \n                                improvements will be removed, and the \n                                cabin site shall remain in Federal \n                                ownership.''; and\n                    (B) in paragraph (2)--\n                            (i) in the matter preceding subparagraph \n                        (A), by inserting ``or if no one (including \n                        CFRA) bids,'' after ``bid''; and\n                            (ii) in subparagraph (D)--\n                                    (I) by striking ``12 months'' and \n                                inserting ``36 months''; and\n                                    (II) by adding at the end the \n                                following: ``If the requirement of the \n                                preceding sentence is not met, CFRA may \n                                close on all remaining cabin sites or \n                                up to the 75 percent requirement. If \n                                CFRA does not exercise either such \n                                option, the Secretary shall conduct \n                                another sale for the remaining cabin \n                                sites to close immediately, with \n                                proceeds distributed in accordance with \n                                section 1008.'';\n            (3) by striking subsection (e) (112 Stat. 2681-714) and \n        inserting the following:\n    ``(e) Administrative Costs.--\n            ``(1) Allocation of funding.--The Secretary shall allocate \n        all funding necessary to conduct the sales process for the sale \n        of property under this title.\n            ``(2) Reimbursement.--Any reasonable administrative costs \n        incurred by the Secretary (including the costs of survey and \n        appraisals incident to the conveyance under subsection (a)) \n        shall be proportionately reimbursed by the property owner at \n        the time of closing.''; and\n            (4) by striking subsection (f) (112 Stat. 2681-714) and \n        inserting the following:\n    ``(f) Timing.--The Secretary shall--\n            ``(1) immediately begin preparing for the sales process on \n        enactment of this Act; and\n            ``(2) not later than 1 year after the date of enactment of \n        this Act, and in accordance with all applicable laws, begin \n        conveying the property described in subsection (b).''.\n    (c) Montana Fish and Wildlife Conservation Trust.--Section 1007(b) \nof title X of division C of the Omnibus Consolidated and Emergency \nSupplemental Appropriations Act, 1999 (112 Stat. 2681-715), is \namended--\n            (1) in subsection (c)--\n                    (A) in paragraph (1), in the matter preceding \n                subparagraph (A), by striking ``trust manager'' and \n                inserting ``trust manager (referred to in this section \n                as the `trust manager')'';\n                    (B) in paragraph (2)(A), in the matter preceding \n                clause (i), by striking ``agency Board'' and inserting \n                ``Agency Board (referred to in this section as the \n                `Joint State-Federal Agency Board')''; and\n                    (C) in paragraph (3)(A), by striking ``Advisory \n                Board'' and inserting ``Advisory Board (referred to in \n                this section as the `Citizen Advisory Board')''; and\n            (2) by adding at the end the following:\n    ``(f) Recreation Trust Agreement.--\n            ``(1) In general.--The Trust, acting through the trust \n        manager, in consultation with the Joint State-Federal Agency \n        Board and the Citizen Advisory Board, shall enter into a \n        legally enforceable agreement with CFRA (referred to in this \n        section as the `Recreation Trust Agreement').\n            ``(2) Contents.--The Recreation Trust Agreement shall \n        provide that--\n                    ``(A) on receipt of proceeds of the sale of a \n                property under section 1004, the Trust shall loan up to \n                $3,000,000 of the proceeds to CFRA;\n                    ``(B) CFRA shall deposit all funds borrowed under \n                subparagraph (A) in the Canyon Ferry-Broadwater County \n                Trust;\n                    ``(C) CFRA and the individual purchasers shall \n                repay the principal of the loan to the Trust as soon as \n                reasonably practicable in accordance with a repayment \n                schedule specified in the loan agreement; and\n                    ``(D) until such time as the principal is repaid in \n                full, CFRA and the individual purchasers shall make an \n                annual interest payment on the outstanding principal of \n                the loan to the Trust at an interest rate determined in \n                accordance with paragraph (4)(C).\n            ``(3) Treatment of interest payments.--All interest \n        payments received by the Trust under paragraph (2)(D) shall be \n        treated as earnings under subsection (d)(2).\n            ``(4) Fiduciary responsibility.--In negotiating the \n        Recreation Trust Agreement, the trust manager shall act in the \n        best interests of the Trust to ensure--\n                    ``(A) the security of the loan;\n                    ``(B) timely repayment of the principal; and\n                    ``(C) payment of a fair interest rate, of not less \n                than 6 nor more than 8 percent per year, based on the \n                length of the term of a loan that is comparable to the \n                term of a traditional home mortgage.\n    ``(g) Restriction on Disbursement.--Except as provided in \nsubsection (f), the trust manager shall not disburse any funds from the \nTrust until August 1, 2001, as provided for in the Recreation Trust \nAgreement, unless Broadwater County, at an earlier date, certifies that \nthe Canyon Ferry-Broadwater County Trust has been fully funded in \naccordance with this title.\n    ``(h) Condition to Sale.--No closing of property under section 1004 \nshall be made until the Recreation Trust Agreement is entered into \nunder subsection (f)''.\n    (d) Canyon Ferry-Broadwater County Trust.--Section 1008(b) of title \nX of division C of the Omnibus Consolidated and Emergency Supplemental \nAppropriations Act, 1999 (112 Stat. 2681-718), is amended--\n            (1) by striking paragraph (1) and inserting the following:\n            ``(1) Agreement.--\n                    ``(A) Condition to sale.--No closing of property \n                under section 1004 shall be made until CFRA and \n                Broadwater County enter into a legally enforceable \n                agreement (referred to in this paragraph as the \n                `Contributions Agreement') concerning contributions to \n                the Trust.\n                    ``(B) Contents.--The Contributions Agreement shall \n                require that on or before August 1, 2001, CFRA shall \n                ensure that $3,000,000 in value is deposited in the \n                Canyon Ferry-Broadwater County Trust from 1 or more of \n                the following sources:\n                            ``(i) Direct contributions made by the \n                        purchasers on the sale of each cabin site.\n                            ``(ii) Annual contributions made by the \n                        purchasers.\n                            ``(iii) All other monetary contributions.\n                            ``(iv) In-kind contributions, subject to \n                        the approval of the County.\n                            ``(v) All funds borrowed by CFRA under \n                        section 1007(f).\n                            ``(vi) Assessments made against the cabin \n                        sites made under a county park district or any \n                        similar form of local government under the laws \n                        of the State of Montana.\n                            ``(vii) Any other contribution, subject to \n                        the approval of the County.'';\n            (2) striking paragraph (3);\n            (3) by redesignating paragraph (2) as paragraph (3); and\n            (4) by inserting after paragraph (1) the following:\n            ``(2) Alternative funding source.--If CFRA agrees to form a \n        county park district under section 7-16-2401 et seq., of the \n        Montana Code Annotated, or any other similar form of local \n        government under the laws of the State of Montana, for the \n        purpose of providing funding for the Trust pursuant to the \n        Contributions Agreement, CFRA and Broadwater County may amend \n        the Contributions Agreement as appropriate, so long as the \n        monetary obligations of individual property purchases under the \n        Contributions Agreement as amended are substantially similar to \n        those specified in paragraph (1).''.\n    (e) Technical Corrections.--Title X of division C of the Omnibus \nConsolidated and Emergency Supplemental Appropriations Act, 1999 is \namended--\n            (1) in section 1001 (112 Stat. 2681-710), by striking \n        ``section 4(b)'' and inserting ``section 1004(b)'';\n            (2) in section 1003 (112 Stat. 2681-711)--\n                    (A) in paragraph (1), by striking ``section 8'' and \n                inserting ``section 1008'';\n                    (B) in paragraph (6), by striking ``section 7'' and \n                inserting ``section 1007'';\n                    (C) in paragraph (8)--\n                            (i) in subparagraph (A), by striking \n                        ``section 4(b)'' and inserting ``1004(b)''; and\n                            (ii) in subparagraph (B), by striking \n                        ``section 4(b)(1)(B)'' and inserting ``section \n                        1004(b)(1)(B)''; and\n                    (D) in paragraph (9), by striking ``section 4'' and \n                inserting ``section 104''; and\n            (3) in section 1004 (112 Stat. 2681-712)--\n                    (A) in subsection (b)(3)(B)(ii)(II), by striking \n                ``section 4(a)'' and inserting ``section 1004(a)''; and\n                    (B) in subsection (d)(2)(G), by striking ``section \n                6'' and inserting ``section 1006''.","title":""}
+{"_id":"c110","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Chickasaw National Recreation Area \nLand Exchange Act of 2004''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n    (a) Findings.--Congress finds the following:\n        (1) By provision 64 of the agreement between the United States \n    and the Choctaws and Chickasaws dated March 21, 1902 (32 Stat. 641, \n    655-56), approved July 1, 1902, 640 acres of property were ceded to \n    the United States for the purpose of creating Sulphur Springs \n    Reservation, later known as Platt National Park, to protect water \n    and other resources and provide public access.\n        (2) In 1976, Platt National Park, the Arbuckle Recreation Area, \n    and additional lands were combined to create Chickasaw National \n    Recreation Area to protect and expand water and other resources as \n    well as to memorialize the history and culture of the Chickasaw \n    Nation.\n        (3) More recently, the Chickasaw Nation has expressed interest \n    in establishing a cultural center inside or adjacent to the park.\n        (4) The Chickasaw National Recreation Area's Final Amendment to \n    the General Management Plan (1994) found that the best location for \n    a proposed Chickasaw Nation Cultural Center is within the \n    Recreation Area's existing boundary and that the selected cultural \n    center site should be conveyed to the Chickasaw Nation in exchange \n    for land of equal value.\n        (5) The land selected to be conveyed to the Chickasaw Nation \n    holds significant historical and cultural connections to the people \n    of the Chickasaw Nation.\n        (6) The City of Sulphur, Oklahoma, is a key partner in this \n    land exchange through its donation of land to the Chickasaw Nation \n    for the purpose of exchange with the United States.\n        (7) The City of Sulphur, Oklahoma, has conveyed fee simple \n    title to the non-Federal land described as Tract 102-26 to the \n    Chickasaw Nation by Warranty Deed.\n        (8) The National Park Service, the Chickasaw Nation, and the \n    City of Sulphur, Oklahoma, have signed a preliminary agreement to \n    effect a land exchange for the purpose of the construction of a \n    cultural center.\n    (b) Purpose.--The purpose of this Act is to authorize, direct, \nfacilitate, and expedite the land conveyance in accordance with the \nterms and conditions of this Act.\n\nSEC. 3. DEFINITIONS.\n\n    For the purposes of this Act, the following definitions apply:\n        (1) Federal land.--The term ``Federal land'' means the \n    Chickasaw National Recreational Area lands and interests therein, \n    identified as Tract 102-25 on the Map.\n        (2) Non-federal land.--The term ``non-Federal land'' means the \n    lands and interests therein, formerly owned by the City of Sulphur, \n    Oklahoma, and currently owned by the Chickasaw Nation, located \n    adjacent to the existing boundary of Chickasaw National Recreation \n    Area and identified as Tract 102-26 on the Map.\n        (3) Map.--The term ``Map'' means the map entitled ``Proposed \n    Land Exchange and Boundary Revision, Chickasaw National Recreation \n    Area'', dated September 8, 2003, and numbered 107\/800035a.\n        (4) Secretary.--The term ``Secretary'' means the Secretary of \n    the Interior.\n\nSEC. 4. CHICKASAW NATIONAL RECREATION AREA LAND CONVEYANCE.\n\n    (a) Land Conveyance.--Not later then 6 months after the Chickasaw \nNation conveys all right, title, and interest in and to the non-Federal \nland to the United States, the Secretary shall convey all right, title, \nand interest in and to the Federal land to the Chickasaw Nation.\n    (b) Valuation of Land to Be Conveyed.--The fair market values of \nthe Federal land and non-Federal land shall be determined by an \nappraisal acceptable to the Secretary and the Chickasaw Nation. The \nappraisal shall conform with the Federal appraisal standards, as \ndefined in the Uniform Appraisal Standards for Federal Land \nAcquisitions developed by the Interagency Land Acquisition Conference, \n1992, and any amendments to these standards.\n    (c) Equalization of Values.--If the fair market values of the \nFederal land and non-Federal land are not equal, the values may be \nequalized by the payment of a cash equalization payment by the \nSecretary or the Chickasaw Nation, as appropriate.\n    (d) Conditions.--\n        (1) In general.--Notwithstanding subsection (a), the conveyance \n    of the non-Federal land authorized under subsection (a) shall not \n    take place until the completion of all items included in the \n    Preliminary Exchange Agreement among the City of Sulphur, the \n    Chickasaw Nation, and the National Park Service, executed on July \n    16, 2002, except as provided in paragraph (2).\n        (2) Exception.--The item included in the Preliminary Exchange \n    Agreement among the City of Sulphur, the Chickasaw Nation, and the \n    National Park Service, executed on July 16, 2002, providing for the \n    Federal land to be taken into trust for the benefit of the \n    Chickasaw Nation shall not apply.\n    (e) Administration of Acquired Land.--Upon completion of the land \nexchange authorized under subsection (a), the Secretary--\n        (1) shall revise the boundary of Chickasaw National Recreation \n    Area to reflect that exchange; and\n        (2) shall administer the land acquired by the United States in \n    accordance with applicable laws and regulations.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c111","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Child Citizenship Act of 2000''.\n\n   TITLE I--CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED \n                                 STATES\n\nSEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN \n              BORN OUTSIDE THE UNITED STATES.\n\n    (a) In General.--Section 320 of the Immigration and Nationality Act \n(8 U.S.C. 1431) is amended to read as follows:\n\n ``children born outside the united states and residing permanently in \n  the united states; conditions under which citizenship automatically \n                                acquired\n\n    ``Sec. 320. (a) A child born outside of the United States \nautomatically becomes a citizen of the United States when all of the \nfollowing conditions have been fulfilled:\n        ``(1) At least one parent of the child is a citizen of the \n    United States, whether by birth or naturalization.\n        ``(2) The child is under the age of eighteen years.\n        ``(3) The child is residing in the United States in the legal \n    and physical custody of the citizen parent pursuant to a lawful \n    admission for permanent residence.\n    ``(b) Subsection (a) shall apply to a child adopted by a United \nStates citizen parent if the child satisfies the requirements \napplicable to adopted children under section 101(b)(1).''.\n    (b) Clerical Amendment.--The table of sections of such Act is \namended by striking the item relating to section 320 and inserting the \nfollowing:\n``Sec. 320. Children born outside the United States and residing \n          permanently in the United States; conditions under which \n          citizenship automatically acquired.''.\n\nSEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN \n              CHILDREN BORN OUTSIDE THE UNITED STATES.\n\n    (a) In General.--Section 322 of the Immigration and Nationality Act \n(8 U.S.C. 1433) is amended to read as follows:\n\n``children born and residing outside the united states; conditions for \n                  acquiring certificate of citizenship\n\n    ``Sec. 322. (a) A parent who is a citizen of the United States may \napply for naturalization on behalf of a child born outside of the \nUnited States who has not acquired citizenship automatically under \nsection 320. The Attorney General shall issue a certificate of \ncitizenship to such parent upon proof, to the satisfaction of the \nAttorney General, that the following conditions have been fulfilled:\n        ``(1) At least one parent is a citizen of the United States, \n    whether by birth or naturalization.\n        ``(2) The United States citizen parent--\n            ``(A) has been physically present in the United States or \n        its outlying possessions for a period or periods totaling not \n        less than five years, at least two of which were after \n        attaining the age of fourteen years; or\n            ``(B) has a citizen parent who has been physically present \n        in the United States or its outlying possessions for a period \n        or periods totaling not less than five years, at least two of \n        which were after attaining the age of fourteen years.\n        ``(3) The child is under the age of eighteen years.\n        ``(4) The child is residing outside of the United States in the \n    legal and physical custody of the citizen parent, is temporarily \n    present in the United States pursuant to a lawful admission, and is \n    maintaining such lawful status.\n    ``(b) Upon approval of the application (which may be filed from \nabroad) and, except as provided in the last sentence of section 337(a), \nupon taking and subscribing before an officer of the Service within the \nUnited States to the oath of allegiance required by this Act of an \napplicant for naturalization, the child shall become a citizen of the \nUnited States and shall be furnished by the Attorney General with a \ncertificate of citizenship.\n    ``(c) Subsections (a) and (b) shall apply to a child adopted by a \nUnited States citizen parent if the child satisfies the requirements \napplicable to adopted children under section 101(b)(1).''.\n    (b) Clerical Amendment.--The table of sections of such Act is \namended by striking the item relating to section 322 and inserting the \nfollowing:\n``Sec. 322. Children born and residing outside the United States; \n          conditions for acquiring certificate of citizenship.''.\n\nSEC. 103. CONFORMING AMENDMENT.\n\n    (a) In General.--Section 321 of the Immigration and Nationality Act \n(8 U.S.C. 1432) is repealed.\n    (b) Clerical Amendment.--The table of sections of such Act is \namended by striking the item relating to section 321.\n\nSEC. 104. EFFECTIVE DATE.\n\n    The amendments made by this title shall take effect 120 days after \nthe date of the enactment of this Act and shall apply to individuals \nwho satisfy the requirements of section 320 or 322 of the Immigration \nand Nationality Act, as in effect on such effective date.\n\n  TITLE II--PROTECTIONS FOR CERTAIN ALIENS VOTING BASED ON REASONABLE \n                         BELIEF OF CITIZENSHIP\n\nSEC. 201. PROTECTIONS FROM FINDING OF BAD MORAL CHARACTER, REMOVAL FROM \n              THE UNITED STATES, AND CRIMINAL PENALTIES.\n\n    (a) Protection From Being Considered Not of Good Moral Character.--\n        (1) In general.--Section 101(f) of the Immigration and \n    Nationality Act (8 U.S.C. 1101(f)) is amended by adding at the end \n    the following:\n``In the case of an alien who makes a false statement or claim of \ncitizenship, or who registers to vote or votes in a Federal, State, or \nlocal election (including an initiative, recall, or referendum) in \nviolation of a lawful restriction of such registration or voting to \ncitizens, if each natural parent of the alien (or, in the case of an \nadopted alien, each adoptive parent of the alien) is or was a citizen \n(whether by birth or naturalization), the alien permanently resided in \nthe United States prior to attaining the age of 16, and the alien \nreasonably believed at the time of such statement, claim, or violation \nthat he or she was a citizen, no finding that the alien is, or was, not \nof good moral character may be made based on it.''.\n        (2) Effective date.--The amendment made by paragraph (1) shall \n    be effective as if included in the enactment of the Illegal \n    Immigration Reform and Immigrant Responsibility Act of 1996 (Public \n    Law 104-208; 110 Stat. 3009-546) and shall apply to individuals \n    having an application for a benefit under the Immigration and \n    Nationality Act pending on or after September 30, 1996.\n    (b) Protection From Being Considered Inadmissible.--\n        (1) Unlawful voting.--Section 212(a)(10)(D) of the Immigration \n    and Nationality Act (8 U.S.C. 1182(a)(10)(D)) is amended to read as \n    follows:\n            ``(D) Unlawful voters.--\n                ``(i) In general.--Any alien who has voted in violation \n            of any Federal, State, or local constitutional provision, \n            statute, ordinance, or regulation is inadmissible.\n                ``(ii) Exception.--In the case of an alien who voted in \n            a Federal, State, or local election (including an \n            initiative, recall, or referendum) in violation of a lawful \n            restriction of voting to citizens, if each natural parent \n            of the alien (or, in the case of an adopted alien, each \n            adoptive parent of the alien) is or was a citizen (whether \n            by birth or naturalization), the alien permanently resided \n            in the United States prior to attaining the age of 16, and \n            the alien reasonably believed at the time of such violation \n            that he or she was a citizen, the alien shall not be \n            considered to be inadmissible under any provision of this \n            subsection based on such violation.''.\n        (2) Falsely claiming citizenship.--Section 212(a)(6)(C)(ii) of \n    the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is \n    amended to read as follows:\n                ``(ii) Falsely claiming citizenship.--\n\n                    ``(I) In general.--Any alien who falsely \n                represents, or has falsely represented, himself or \n                herself to be a citizen of the United States for any \n                purpose or benefit under this Act (including section \n                274A) or any other Federal or State law is \n                inadmissible.\n                    ``(II) Exception.--In the case of an alien making a \n                representation described in subclause (I), if each \n                natural parent of the alien (or, in the case of an \n                adopted alien, each adoptive parent of the alien) is or \n                was a citizen (whether by birth or naturalization), the \n                alien permanently resided in the United States prior to \n                attaining the age of 16, and the alien reasonably \n                believed at the time of making such representation that \n                he or she was a citizen, the alien shall not be \n                considered to be inadmissible under any provision of \n                this subsection based on such representation.''.\n\n        (3) Effective dates.--The amendment made by paragraph (1) shall \n    be effective as if included in the enactment of section 347 of the \n    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 \n    (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting \n    occurring before, on, or after September 30, 1996. The amendment \n    made by paragraph (2) shall be effective as if included in the \n    enactment of section 344 of the Illegal Immigration Reform and \n    Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. \n    3009-637) and shall apply to representations made on or after \n    September 30, 1996. Such amendments shall apply to individuals in \n    proceedings under the Immigration and Nationality Act on or after \n    September 30, 1996.\n    (c) Protection From Being Considered Deportable.--\n        (1) Unlawful voting.--Section 237(a)(6) of the Immigration and \n    Nationality Act (8 U.S.C. 1227(a)(6)) is amended to read as \n    follows:\n        ``(6) Unlawful voters.--\n            ``(A) In general.--Any alien who has voted in violation of \n        any Federal, State, or local constitutional provision, statute, \n        ordinance, or regulation is deportable.\n            ``(B) Exception.--In the case of an alien who voted in a \n        Federal, State, or local election (including an initiative, \n        recall, or referendum) in violation of a lawful restriction of \n        voting to citizens, if each natural parent of the alien (or, in \n        the case of an adopted alien, each adoptive parent of the \n        alien) is or was a citizen (whether by birth or \n        naturalization), the alien permanently resided in the United \n        States prior to attaining the age of 16, and the alien \n        reasonably believed at the time of such violation that he or \n        she was a citizen, the alien shall not be considered to be \n        deportable under any provision of this subsection based on such \n        violation.''.\n        (2) Falsely claiming citizenship.--Section 237(a)(3)(D) of the \n    Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended \n    to read as follows:\n            ``(D) Falsely claiming citizenship.--\n                ``(i) In general.--Any alien who falsely represents, or \n            has falsely represented, himself to be a citizen of the \n            United States for any purpose or benefit under this Act \n            (including section 274A) or any Federal or State law is \n            deportable.\n                ``(ii) Exception.--In the case of an alien making a \n            representation described in clause (i), if each natural \n            parent of the alien (or, in the case of an adopted alien, \n            each adoptive parent of the alien) is or was a citizen \n            (whether by birth or naturalization), the alien permanently \n            resided in the United States prior to attaining the age of \n            16, and the alien reasonably believed at the time of making \n            such representation that he or she was a citizen, the alien \n            shall not be considered to be deportable under any \n            provision of this subsection based on such \n            representation.''.\n        (3) Effective dates.--The amendment made by paragraph (1) shall \n    be effective as if included in the enactment of section 347 of the \n    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 \n    (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting \n    occurring before, on, or after September 30, 1996. The amendment \n    made by paragraph (2) shall be effective as if included in the \n    enactment of section 344 of the Illegal Immigration Reform and \n    Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. \n    3009-637) and shall apply to representations made on or after \n    September 30, 1996. Such amendments shall apply to individuals in \n    proceedings under the Immigration and Nationality Act on or after \n    September 30, 1996.\n    (d) Protection From Criminal Penalties.--\n        (1) Criminal penalty for voting by aliens in federal \n    election.--Section 611 of title 18, United States Code, is amended \n    by adding at the end the following:\n    ``(c) Subsection (a) does not apply to an alien if--\n        ``(1) each natural parent of the alien (or, in the case of an \n    adopted alien, each adoptive parent of the alien) is or was a \n    citizen (whether by birth or naturalization);\n        ``(2) the alien permanently resided in the United States prior \n    to attaining the age of 16; and\n        ``(3) the alien reasonably believed at the time of voting in \n    violation of such subsection that he or she was a citizen of the \n    United States.''.\n        (2) Criminal penalty for false claim to citizenship.--Section \n    1015 of title 18, United States Code, is amended by adding at the \n    end the following:\n``Subsection (f) does not apply to an alien if each natural parent of \nthe alien (or, in the case of an adopted alien, each adoptive parent of \nthe alien) is or was a citizen (whether by birth or naturalization), \nthe alien permanently resided in the United States prior to attaining \nthe age of 16, and the alien reasonably believed at the time of making \nthe false statement or claim that he or she was a citizen of the United \nStates.''.\n        (3) Effective dates.--The amendment made by paragraph (1) shall \n    be effective as if included in the enactment of section 216 of the \n    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 \n    (Public Law 104-208; 110 Stat. 3009-572). The amendment made by \n    paragraph (2) shall be effective as if included in the enactment of \n    section 215 of the Illegal Immigration Reform and Immigrant \n    Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-\n    572). The amendments made by paragraphs (1) and (2) shall apply to \n    an alien prosecuted on or after September 30, 1996, except in the \n    case of an alien whose criminal proceeding (including judicial \n    review thereof) has been finally concluded before the date of the \n    enactment of this Act.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c112","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Child Immunization Incentive Act of \n1993''.\n\nSEC. 2. AFDC BENEFITS DENIED FOR CHILDREN WHO HAVE NOT RECEIVED \n              PREVENTIVE HEALTH CARE OR IMMUNIZATIONS.\n\n    Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is \namended--\n            (1) by striking ``and'' at the end of paragraph (44);\n            (2) by striking the period at the end of paragraph (45) and \n        inserting ``; and''; and\n            (3) by inserting after paragraph (45) the following:\n            ``(46) provide that--\n                    ``(A) aid under the plan shall not be payable with \n                respect to any child who has not attained the age of 6 \n                years, unless the State agency has received from 1 or \n                more physicians written verification (on a form \n                prescribed by the State)--\n                            ``(i) that the child has been examined by a \n                        physician not less frequently than--\n                                    ``(I) in the case of a child who \n                                has not attained the age of 19 months, \n                                every 6 months since the child was \n                                born; and\n                                    ``(II) in the case of any other \n                                child, every 6 months until the child \n                                attained the age of 19 months, and \n                                every year thereafter;\n                            ``(ii) that the child has been immunized in \n                        accordance with recommendations issued by the \n                        Surgeon General of the Public Health Service; \n                        and\n                            ``(iii) of any contraindication which \n                        exempts the child from receiving an \n                        immunization;\n                    ``(B) the State will conduct appropriate education \n                and outreach activities designed to--\n                            ``(i) increase public awareness of the \n                        importance of preventive health care and \n                        immunizations for pre-school children; and\n                            ``(ii) inform the public about--\n                                    ``(I) the availability of \n                                preventive health care and immunization \n                                services for pre-school children;\n                                    ``(II) any transportation, child \n                                care, or other support services that \n                                may be available to assist parents in \n                                obtaining such services for their \n                                children; and\n                                    ``(III) the clinics at which any \n                                child may receive immunizations free or \n                                at a reduced charge.''.\n\nSEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT.\n\n    Section 658E(2) of the Child Care and Development Block Grant Act \n(42 U.S.C. 9858c(2)) is amended--\n            (1) in subparagraph (F)--\n                    (A) in clause (ii) by striking ``and'' at the end,\n                    (B) in clause (iii) by striking the period at the \n                end and inserting ``; and'',\n                    (C) by inserting after subclause (III), as so \n                redesignated, the following:\n                            ``(iv) a requirement that such providers \n                        require with respect to each child who receives \n                        child care services from any of such providers \n                        that certificates signed by a physician who \n                        verifies that such child has been immunized in \n                        accordance with recommendations issued by the \n                        Surgeon General of the Public Health Service be \n                        submitted, at required intervals and in \n                        accordance with rules issued by the Secretary, \n                        to the child care provider involved.'', and\n                    (D) by striking the last sentence, and\n            (2) in subparagraph (G<plus-minus>)--\n                    (i) by inserting ``(i)'' before ``Provide'', and\n                    (ii) by adding at the end the following:\n                    ``(ii) For the purpose of enforcing the requirement \n                described in subparagraph (F)(iv), such procedures \n                shall ensure that each of such providers gives to \n                parents of each child who receives child care services \n                from the provider involved written notice of--\n                            ``(I) each immunization requirement \n                        applicable to such child;\n                            ``(II) an opportunity of not less than 30 \n                        days, and not more than 45 days, to correct the \n                        failure to satisfy such requirement; and\n                            ``(III) the fact that child care services \n                        for such child will be terminated for failure \n                        to satisfy such requirement before the \n                        expiration of the 45-day period beginning on \n                        the date such notice is received.''.\n\nSEC. 4. ISSUANCE OF IMMUNIZATION RECOMMENDATIONS BY THE SURGEON GENERAL \n              OF THE PUBLIC HEALTH SERVICE.\n\n    After taking into consideration the then most recent report of the \nCommittee on Infectious Diseases of the American Academy of Pediatrics, \nthe Surgeon General of the Public Health Service shall issue, and \nrevise from time to time, recommendations for the immunization of \nchildren under 6 years of age. With respect to each recommended \nimmunization, such recommendation shall include--\n            (1) contraindications (if any) that should be identified to \n        exempt a child from receiving such immunization, and\n            (2) remedial action that may be taken to minimize the \n        adverse effect of failure to administer such immunization to a \n        child at the recommended age.\n\nSEC. 5. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.\n\n    (a) Effective Date.--Except as provided in subsections (b) and (c), \nthis Act and the amendments made by this Act shall take effect on the \ndate of the enactment of this Act.\n    (b) Application of Section 2 Amendments.--The amendments made by \nsection 2 shall apply, without regard to whether regulations to \nimplement the amendments have been promulgated, to--\n            (1) payments to individuals under State plan approved under \n        part A of title IV of the Social Security Act, for months \n        ending after the 120-day period that begins with the date of \n        the enactment of this Act; and\n            (2) payments to States under such part for calendar \n        quarters ending after such 120-day period.\n    (c) Application of Section 3 Amendments.--The amendments made by \nsection 3 shall not apply with respect to fiscal years beginning before \nthe date of the enactment of this Act.","title":""}
+{"_id":"c113","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Child Nicotine Poisoning Prevention \nAct of 2015''.\n\nSEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CONTAINERS.\n\n    (a) Requirement.--Notwithstanding section 2(f)(2) of the Federal \nHazardous Substances Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of \nthe Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), any nicotine \nprovided in a liquid nicotine container sold, offered for sale, \nmanufactured for sale, distributed in commerce, or imported into the \nUnited States shall be packaged in accordance with the standards \nprovided in section 1700.15 of title 16, Code of Federal Regulations, \nas determined through testing in accordance with the method described \nin section 1700.20 of title 16, Code of Federal Regulations, and any \nsubsequent changes to such sections adopted by the Commission.\n    (b) Savings Clause.--\n            (1) In general.--Nothing in this Act shall be construed to \n        limit or otherwise affect the authority of the Secretary of \n        Health and Human Services to regulate, issue guidance, or take \n        action regarding the manufacture, marketing, sale, \n        distribution, importation, or packaging, including child-\n        resistant packaging, of nicotine, liquid nicotine, liquid \n        nicotine containers, electronic cigarettes, electronic nicotine \n        delivery systems or other similar products that contain or \n        dispense liquid nicotine, or any other nicotine-related \n        products, including--\n                    (A) authority under the Federal Food, Drug, and \n                Cosmetic Act (21 U.S.C. 301 et seq.) and the Family \n                Smoking Prevention and Tobacco Control Act (Public Law \n                111-31) and the amendments made by such Act; and\n                    (B) authority for the rulemaking entitled ``Deeming \n                Tobacco Products to Be Subject to the Federal Food, \n                Drug, and Cosmetic Act, as Amended by the Family \n                Smoking Prevention and Tobacco Control Act; regulations \n                on the Sale and Distribution of Tobacco Products and \n                the Required Warning Statements for Tobacco Products'' \n                (April 2014) (FDA-2014-N-0189), the rulemaking entitled \n                ``Nicotine Exposure Warnings and Child-Resistant \n                Packaging for Liquid Nicotine, Nicotine-Containing E-\n                Liquid(s), and Other Tobacco Products'' (June 2015) \n                (FDA-2015-N-1514), and subsequent actions by the \n                Secretary regarding packaging of liquid nicotine \n                containers.\n            (2) Consultation.--If the Secretary of Health and Human \n        Services adopts, maintains, enforces, or imposes or continues \n        in effect any packaging requirement for liquid nicotine \n        containers, including a child-resistant packaging requirement, \n        the Secretary shall consult with the Commission, taking into \n        consideration the expertise of the Commission in implementing \n        and enforcing this Act and the Poison Prevention Packaging Act \n        of 1970 (15 U.S.C. 1471 et seq.).\n    (c) Applicability.--Notwithstanding section 3(a)(5) of the Consumer \nProduct Safety Act (15 U.S.C. 2052(a)(5)) and section 2(f)(2) of the \nFederal Hazardous Substances Act (15 U.S.C. 1261(f)(2)), the \nrequirement of subsection (a) shall be treated as a standard for the \nspecial packaging of a household substance established under section \n3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. \n1472(a)).\n    (d) Definitions.--In this section:\n            (1) Commission.--The term ``Commission'' means the Consumer \n        Product Safety Commission.\n            (2) Liquid nicotine container.--\n                    (A) In general.--Notwithstanding section 2(f)(2) of \n                the Federal Hazardous Substances Act (15 U.S.C. \n                1261(f)(2)) and section 3(a)(5) of the Consumer Product \n                Safety Act (15 U.S.C. 2052(a)(5)), the term ``liquid \n                nicotine container'' means a package (as defined in \n                section 2 of the Poison Prevention Packaging Act of \n                1970 (15 U.S.C. 1471))--\n                            (i) from which nicotine in a solution or \n                        other form is accessible through normal and \n                        foreseeable use by a consumer; and\n                            (ii) that is used to hold soluble nicotine \n                        in any concentration.\n                    (B) Exclusion.--The term ``liquid nicotine \n                container'' does not include a sealed, pre-filled, and \n                disposable container of nicotine in a solution or other \n                form in which such container is inserted directly into \n                an electronic cigarette, electronic nicotine delivery \n                system, or other similar product, if the nicotine in \n                the container is inaccessible through customary or \n                reasonably foreseeable handling or use, including \n                reasonably foreseeable ingestion or other contact by \n                children.\n            (3) Nicotine.--The term ``nicotine'' means any form of the \n        chemical nicotine, including any salt or complex, regardless of \n        whether the chemical is naturally or synthetically derived.\n\nSEC. 3. EFFECTIVE DATE.\n\n    This Act shall take effect on the date that is 180 days after the \ndate of the enactment of this Act.","title":""}
+{"_id":"c114","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Child Safety Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) The problem of family violence does not necessarily \n        cease when the victimized family is legally separated, \n        divorced, or otherwise not sharing a household. During \n        separation and divorce, family violence often escalates, and \n        child custody and visitation become the new forum for the \n        continuation of abuse.\n            (2) Current child custody and visitation laws are based on \n        incorrect assumptions that divorcing parents are in relatively \n        equal positions of power and that such parents always act in \n        the children's best interest. These laws often work against the \n        protection of the children and the abused spouse or intimate \n        partner in families with a history of family violence.\n            (3) Some perpetrators use the children as pawns to control \n        the abused party after the couple is separated.\n            (4) Every year an estimated 1,000 to 5,000 children are \n        killed by their parents in the United States.\n            (5) In 1988, the Department of Justice reported that \n        354,100 children were abducted by family members who violated \n        custody agreements or decrees. Most victims were children from \n        ages 2 to 11 years.\n            (6) Approximately 160,000 children are seriously injured or \n        impaired by abuse or neglect each year.\n            (7) Studies by the American Humane Association indicate \n        that reports of child abuse and neglect have increased by over \n        200 percent from 1976 to 1986.\n            (8) Approximately 90 percent of children in homes in which \n        their mothers are abused witness the abuse.\n            (9) Data indicates that women and children are at elevated \n        risk for violence during the process of and after separation.\n            (10) Fifty to 70 percent of men who abuse their spouses or \n        partners also abuse their children.\n            (11) Up to 75 percent of all domestic assaults reported to \n        law enforcement agencies were inflicted after the separation of \n        the couples.\n            (12) In one study of spousal homicide, over half of the \n        male defendants were separated from their victims.\n            (13) Seventy-three percent of battered women seeking \n        emergency medical services do so after separation.\n\nSEC. 3. PURPOSE.\n\n    The purpose of this Act is to authorize funding to enable \nsupervised visitation centers to provide the following:\n            (1) Supervised visitation in cases where there is \n        documented sexual, physical or emotional abuse as determined by \n        the appropriate court.\n            (2) Supervised visitation in cases where there is suspected \n        or elevated risk of sexual, physical or emotional abuse, or \n        where there have been threats of parental abduction of the \n        child.\n            (3) Supervised visitation for children who have been placed \n        in foster homes as a result of abuse.\n            (4) An evaluation of visitation between parents and \n        children for child protection social services to assist such \n        service providers in making determinations of whether the \n        children should be returned to a previously abusive home.\n            (5) A safe location for custodial parents to temporarily \n        transfer custody of their children with non-custodial parents, \n        or to provide a protected visitation environment, where there \n        has been a history of domestic violence or an order for \n        protection is involved.\n            (6) An additional safeguard against the child witnessing \n        abuse or a safeguard against the injury or death of a child or \n        parent.\n            (7) An environment for families to have healthy interaction \n        activities, quality time, non-violent memory building \n        experiences during visitation to help build the parent\/child \n        relationship.\n            (8) Parent and child education and support groups to help \n        parents heal and learn new skills, and to help children heal \n        from past abuse.\n\nSEC. 4. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS.\n\n    (a) In General.--The Secretary of Health and Human Services \n(hereafter referred to in this Act as the ``Secretary'') is authorized \nto award grants to and enter into contracts and cooperative agreements \nwith public or nonprofit private entities to assist such entities in \nthe establishment and operation of supervised visitation centers.\n    (b) Considerations.--In awarding grants, contracts and agreements \nunder subsection (a), the Secretary shall take into account--\n            (1) the number of families to be served by the proposed \n        visitation center to be established under the grant, contract \n        or agreement;\n            (2) the extent to which supervised visitation centers are \n        needed locally;\n            (3) the relative need of the applicant; and\n            (4) the capacity of the applicant to make rapid and \n        effective use of assistance provided under the grant, contract \n        or agreement.\n    (c) Use of Funds.--\n            (1) In general.--Amounts provided under a grant, contract \n        or cooperative agreement awarded under this section shall be \n        used to establish supervised visitation centers and for the \n        purposes described in section 3. In using such amounts, \n        grantees shall target the economically disadvantaged and those \n        individuals who could not otherwise afford such visitation \n        services. Other individuals may be permitted to utilize the \n        services provided by the center on a fee basis.\n            (2) Costs.--To the extent practicable, the Secretary shall \n        ensure that, with respect to recipients of grants, contracts or \n        agreements under this section, the perpetrators of the family \n        violence, abuse or neglect will be responsible for any and all \n        costs associated with the supervised visitation undertaken at \n        the center.\n\nSEC. 5. DEMONSTRATION GRANT APPLICATION.\n\n    (a) In General.--A grant, contract or cooperative agreement may not \nbe made or entered into under this Act unless an application for such \ngrant, contract or cooperative agreement has been submitted to and \napproved by the Secretary.\n    (b) Approval.--Grants, contracts and cooperative agreements under \nthis Act shall be awarded in accordance with such regulations as the \nSecretary may promulgate. At a minimum, to be approved by the Secretary \nunder this section an application shall--\n            (1) demonstrate that the applicant has recognized expertise \n        in the area of family violence and a record of high quality \n        service to victims of family violence; and\n            (2) be submitted from an entity located in a State where \n        State law requires the courts to consider evidence of violence \n        in custody decisions.\n\nSEC. 6. EVALUATION OF DEMONSTRATION PROJECTS.\n\n    (a) In General.--Not later than 30 days after the end of each \nfiscal year, a recipient of a grant, contract or cooperative agreement \nunder this Act shall prepare and submit to the Secretary a report that \ncontains information concerning--\n            (1) the number of families served per year;\n            (2) the number of families served per year categorized by--\n                    (A) families who require that supervised visitation \n                because of child abuse only;\n                    (B) families who require supervised visitation \n                because of a combination of child abuse and domestic \n                violence; and\n                    (C) families who require supervised visitation \n                because of domestic violence only;\n            (3) the number of visits per family in the report year \n        categorized by--\n                    (A) supervised visitation required by the courts;\n                    (B) supervised visitation based on suspected or \n                elevated risk of sexual, physical, or emotional abuse, \n                or threats of parental abduction of the child that is \n                not court mandated;\n                    (C) supervised visitation that is part of a foster \n                care arrangement; and\n                    (D) supervised visitation because of an order of \n                protection;\n            (4) the number of supervised visitation arrangements \n        terminated because of violations of visitation terms, including \n        violence;\n            (5) the number of protective temporary transfers of custody \n        during the report year;\n            (6) the number of parental abduction cases in a judicial \n        district using supervised visitation services, both as \n        identified in criminal prosecution and custody violations;\n            (7) the number of safety and security problems that occur \n        during the report year;\n            (8) the number of families who are turned away because the \n        center cannot accommodate the demand for services;\n            (9) the process by which children or abused partners will \n        be protected during visitations, temporary custody transfers \n        and other activities for which the supervised visitation \n        centers are created; and\n            (10) any other information determined appropriate in \n        regulations promulgated by the Secretary.\n    (b) Evaluation.--In addition to submitting the reports required \nunder subsection (a), an entity receiving a grant, contract or \ncooperative agreement under this Act shall have a collateral agreement \nwith the court, the child protection social services division of the \nState, and local domestic violence agencies or State and local domestic \nviolence coalitions to evaluate the supervised visitation center \noperated under the grant, contract or agreement. The entities \nconducting such evaluations shall submit a narrative evaluation of the \ncenter to both the center and the grantee.\n    (c) Demonstration of Need.--The recipient of a grant, contract or \ncooperative agreement under this Act shall demonstrate, during the \nfirst 3 years of the project operated under the grant, contract or \nagreement, the need for continued funding.\n\nSEC. 7. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION ON \n              SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN.\n\n    (a) Authorization.--The Secretary is authorized to award special \ngrants to public or nonprofit private entities to assist such entities \nin collecting clinical data for supervised visitation centers \nestablished under this Act to determine--\n            (1) the extent to which supervised visitation should be \n        allowed between children who are sexually abused or severely \n        physically abused by a parent, where the visitation is not \n        predicated on the abusive parent having successively completed \n        a specialized course of therapy for such abusers;\n            (2) the effect of supervised visitation on child victims of \n        sexual abuse or severe physical abuse when the abusive parent \n        exercising visitation has not completed specialized therapy and \n        does not use the visitation to alleviate the child victim's \n        guilt, fear, or confusion;\n            (3) the relationship between the type of abuse or neglect \n        experienced by the child and the use of supervised visitation \n        centers by the maltreating parent; and\n            (4) in cases of spouse or partner abuse only, the extent to \n        which supervised visitation should be predicated on \n        participation by the abusive spouse in a specialized treatment \n        program.\n    (b) Application.--To be eligible to receive a grant under this \nsection an entity shall prepare and submit to the Secretary an \napplication at such time, in such manner and containing such \ninformation as the Secretary may require, including documentary \nevidence to demonstrate that the entity possesses a high level of \nclinical expertise and experience in child abuse treatment and \nprevention as they relate to visitation. The level of clinical \nexpertise and experience required will be determined by the Secretary.\n    (c) Report.--Not later than 1 year after the date on which a grant \nis received under this section, and each year thereafter for the \nduration of the grant, the grantee shall prepare and submit to the \nSecretary a report containing the clinical data collected under such \ngrant.\n\nSEC. 8. REPORTING.\n\n    Not later than 18 months after the date of enactment of this Act, \nand annually thereafter, the Secretary shall prepare and submit to the \nappropriate committees of Congress a report containing the information \ncollected under the reports received under sections 6 and 7, including \nrecommendations made by the Secretary concerning whether or not the \nsupervised visitation center demonstration and clinical data programs \nshould be reauthorized.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n    (a) In General.--For the purpose of awarding grants, contracts and \ncooperative agreements under this Act, there are authorized to be \nappropriated $30,000,000 for fiscal year 1994, $40,000,000 for fiscal \nyear 1995, and $50,000,000 for fiscal year 1996.\n    (b) Distribution.--Of the amounts appropriated under subsection (a) \nfor each fiscal year--\n            (1) not less than 80 percent shall be used to award grants, \n        contracts, or cooperative agreements under section 5; and\n            (2) not more than 20 percent shall be used to award grants \n        under section 7.\n    (c) Disbursement.--Amounts appropriated under this section shall be \ndisbursed as categorical grants through the 10 regional offices of the \nDepartment of Health and Human Services.","title":""}
+{"_id":"c115","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Children's Education Tax Credit \nAct''.\n\nSEC. 2. CREDIT FOR EDUCATION EXPENSES.\n\n    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by redesignating section 35 as section 36 and by inserting \nafter section 34 the following new section:\n\n``SEC. 35. EDUCATION EXPENSES.\n\n    ``(a) General Rule.--In the case of an individual, there shall be \nallowed as a credit against the tax imposed by this subtitle for the \ntaxable year, the amount of the qualified education expenses paid by \nthe taxpayer during the taxable year for the education of the taxpayer, \nthe taxpayer's spouse, or any individual with respect to whom the \ntaxpayer is allowed a deduction under section 151(c).\n    ``(b) Limitation.--\n            ``(1) Amount per individual.--The amount allowed as a \n        credit under subsection (a) for any taxable year with respect \n        to the qualified education expenses of any 1 individual shall \n        not exceed $450.\n            ``(2) Proration of credit where more than one taxpayer pays \n        expenses.--If the qualified education expenses of an individual \n        are paid by more than one taxpayer during any calendar year, \n        the dollar limitation under paragraph (1) shall be allocated \n        among such taxpayers in proportion to their respective shares \n        of the qualified education expenses of such individual paid \n        during such calendar year by all such taxpayers.\n    ``(c) Definitions.--For purposes of this section--\n            ``(1) Qualified education expenses.--\n                    ``(A) In general.--The term `qualified education \n                expenses' means amounts paid for--\n                            ``(i) tuition and fees required for the \n                        enrollment or attendance of a student at an \n                        eligible educational institution, and\n                            ``(ii) fees, books, supplies, and equipment \n                        required for courses of instruction at an \n                        eligible educational institution.\n                    ``(B) Meals and lodging expenses not included.--\n                Such term does not include any amount paid, directly or \n                indirectly, for meals, lodging, or similar personal, \n                living, or family expenses. In the event an amount paid \n                for tuition or fees includes an amount for meals, \n                lodging, or similar expenses which is not separately \n                stated, the portion of such amount which is \n                attributable to meals, lodging, or similar expenses \n                shall be determined under regulations prescribed by the \n                Secretary.\n                    ``(C) Special rule for home schooling.--In the case \n                of education furnished in the home (as a substitute for \n                public education) which meets the requirements of State \n                law relating to compulsory school attendance, the term \n                `qualified education expenses' means amounts paid for \n                books, computer software, and other supplies used in \n                furnishing such education.\n            ``(2) Eligible educational institution.--The term `eligible \n        educational institution' means--\n                    ``(A) an institution of higher education,\n                    ``(B) a vocational school,\n                    ``(C) a secondary school, or\n                    ``(D) an elementary school.\n            ``(3) Institution of higher education.--The term \n        `institution of higher education' means the institutions \n        described in section 1201(a) or 481(a) of the Higher Education \n        Act of 1965.\n            ``(4) Vocational school.--The term `vocational school' \n        means an area vocational education school as defined in section \n        521(3) of the Carl D. Perkins Vocational Education Act.\n            ``(5) Elementary and secondary schools.--The terms \n        `elementary school' and `secondary school' have the respective \n        meanings given such terms by section 14101 of the Elementary \n        and Secondary Education Act of 1965.\n    ``(d) Special Rules.--\n            ``(1) Adjustment for certain scholarships and veterans' \n        benefits.--The amounts otherwise taken into account under \n        subsection (a) as qualified education expenses of any \n        individual during any period shall be reduced (before the \n        application of subsection (b)) by the sum of the amounts \n        referred to in section 135(d)(1) which are received with \n        respect to such individual for the taxable year.\n            ``(2) Eligible courses.--Except as provided in subsection \n        (c)(1)(C), amounts paid for qualified education expenses of any \n        individual shall be taken into account under subsection (a) \n        only to the extent such expenses--\n                    ``(A) are attributable to courses of instruction \n                offered by an elementary or secondary school, or\n                    ``(B) are attributable to courses of instruction \n                for which credit is allowed toward a baccalaureate or \n                graduate degree by an institution of higher education \n                or toward a certificate of required course work at a \n                vocational school.\n            ``(3) Individual must be at least half-time student.--\n        Except as provided in subsection (c)(1)(C), no credit shall be \n        allowed under subsection (a) for amounts paid during the \n        taxable year for qualified education expenses with respect to \n        any individual unless that individual, during any 4 calendar \n        months during the calendar year in which the taxable year of \n        the taxpayer begins, is at least a half-time student at an \n        eligible education institution.\n            ``(4) Spouse.--No credit shall be allowed under subsection \n        (a) for amounts paid during the taxable year for qualified \n        education expenses for the spouse of the taxpayer unless--\n                    ``(A) the taxpayer is entitled to an exemption for \n                his spouse under section 151(b) for the taxable year, \n                or\n                    ``(B) the taxpayer files a joint return with his \n                spouse for the taxable year.\n    ``(e) Disallowance of Expenses as Deduction.--No deduction shall be \nallowed under section 162 (relating to trade or business expenses) for \nany qualified education expense which (after the application of \nsubsection (b)) is taken into account in determining the amount of any \ncredit allowed under subsection (a). The preceding sentence shall not \napply to the qualified education expenses of any taxpayer who, under \nregulations prescribed by the Secretary, elects not to apply the \nprovisions of this section with respect to such expenses for the \ntaxable year.\n    ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary to carry out the provisions of this section.''\n    (b) Technical Amendments.--\n            (1) Paragraph (2) of section 1324(b) of title 31, United \n        States Code, is amended by inserting before the period ``or \n        from section 35 of such Code''.\n            (2) The table of sections for subpart C of part IV of \n        subchapter A of chapter 1 of such Code is amended by striking \n        the last item and inserting the following new items:\n\n                              ``Sec. 35. Education expenses.\n                              ``Sec. 36. Overpayments of tax.''\n    (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","title":""}
+{"_id":"c116","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Children's Health Equity Act of \n1998''.\n\nSEC. 2. USE OF STATE CHILDREN'S HEALTH INSURANCE PROGRAM FUNDS FOR \n              ENHANCED MATCHING RATE FOR COVERAGE OF ADDITIONAL \n              CHILDREN UNDER THE MEDICAID PROGRAM.\n\n    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. \n1396d) is amended--\n            (1) in subsection (b), by striking ``or subsection (u)(3)'' \n        and inserting ``, subsection (u)(3), or subsection (u)(4)(A)''; \n        and\n            (2) in subsection (u) (as added by section 4911(a)(2) of \n        the Balanced Budget Act of 1997 and as amended by section 162 \n        of Public Law 105-100)--\n                    (A) by redesignating paragraph (4) as paragraph \n                (5); and\n                    (B) by inserting after paragraph (3) the following \n                new paragraph:\n    ``(4)(A) For purposes of subsection (b), the expenditures described \nin this subparagraph are expenditures for medical assistance for \nwaivered low-income children described in subparagraph (B) but--\n            ``(i) only in the case of children residing in a State \n        described in subparagraph (C); and\n            ``(ii) only to the extent the number of full-year \n        equivalent waivered low-income children enrolled under the \n        State plan under this title for the fiscal year exceeds the \n        number of waivered low-income children described in \n        subparagraph (D)(i) for the State for the fiscal year.\n    ``(B) For purposes of this paragraph, the term `waivered low-income \nchild' means a child whose family income exceeds the minimum income \nlevel required to be established for the age of such child under \nsection 1902(l)(2) in order for the child to be eligible for medical \nassistance under this title, but does not exceed the medicaid \napplicable income level (as defined in section 2110(b)(4) but \ndetermined as if `June 1, 1997' were substituted for `March 31, 1997') \nfor that child.\n    ``(C) A State described in this subparagraph is a State that--\n            ``(i) has under a waiver authorized by the Secretary or \n        under section 1902(r)(2) established a medicaid applicable \n        income level (as defined in section 2110(b)(4) but determined \n        as if `June 1, 1997' were substituted for `March 31, 1997') for \n        children under 19 years of age residing in the State that is at \n        or above 200 percent of the poverty line; and\n            ``(ii) demonstrates to the satisfaction of the Secretary a \n        commitment to reach and enroll children who are eligible for, \n        but not enrolled under, the State plan through means, such as \n        the following:\n                    ``(I) Eliminating the assets test for eligibility \n                of waivered low-income children.\n                    ``(II) Using shortened and simplified applications \n                for such children.\n                    ``(III) Allowing applications for such children to \n                be submitted by mail or through telephone.\n                    ``(IV) Outstationing State eligibility workers at \n                sites that are frequented by families with children, \n                including schools, child care centers, churches, \n                centers providing Head Start services, local offices of \n                the special supplemental food program for women, \n                infants and young children (WIC) established under \n                section 17 of the Child Nutrition Act of 1966, \n                community centers, Job Corps centers established under \n                part B of title IV of the Job Training Partnership Act \n                or subtitle C of title I of the Workforce Investment \n                Act of 1998, sites offering the recognized equivalent \n                of a secondary school degree, offices of tribal \n                organizations (as defined in section 4(l) of the Indian \n                Self-Determination and Education Assistance Act), and \n                Social Security Administration field offices.\n                    ``(V) Using presumptive eligibility for waivered \n                low-income children.\n                    ``(VI) Collaborating with public and private \n                entities to conduct outreach campaigns to enroll such \n                children.\n    ``(D)(i) For purposes of subparagraph (A)(ii), the number of \nwaivered low-income children for a State described in this clause for--\n            ``(I) fiscal year 1998, is equal to the number of full-year \n        equivalent waivered low-income children enrolled under the \n        State plan under this title for fiscal year 1997; and\n            ``(II) fiscal year 1999 or a succeeding fiscal year, is \n        equal to the number of waivered low-income children determined \n        under this clause for the preceding fiscal year increased by \n        the number of percentage points determined under clause (ii) \n        for the State for the fiscal year involved.\n    ``(ii) The number of percentage points determined under this clause \nfor a State for a fiscal year is equal to the number of percentage \npoints by which--\n            ``(I) the arithmetic average of the total number of \n        children in the State set forth in the 3 most recent March \n        supplements to the Current Population Survey of the Bureau of \n        the Census before the beginning of the fiscal year; exceeds\n            ``(II) the arithmetic average of such total number set \n        forth in the second, third, and fourth most recent March \n        supplements to such Survey before the beginning of the fiscal \n        year.\n    ``(E) For purposes of section 2104(d) (regarding the reduction of \nan allotment under title XXI) the amount determined under paragraph (2) \nof that section shall, with respect to expenditures described in \nsubparagraph (A), only take into account the amount by which--\n            ``(i) the payments made to a State for such expenditures \n        for a fiscal year on the basis of an enhanced FMAP under the \n        fourth sentence of subsection (b); exceed\n            ``(ii) the amount of payments that would have been made for \n        the expenditures if the enhanced FMAP did not apply.\n    ``(F) Each State shall submit to the Secretary such information, at \nsuch time and in such manner, as the Secretary determines is necessary \nto ensure that the requirements of this paragraph are satisfied. The \nSecretary shall ensure that information is provided under this \nsubsection in a manner that is consistent with other reporting \nrequirements for information required to be submitted by a State under \nthis title and title XXI, and avoids duplication of reporting \nrequirements.\n    ``(G) The Secretary shall regularly examine the payments made to a \nState for the expenditures described in subparagraph (A) to confirm \nthat the payments are attributable to expenditures described in such \nsubparagraph.''.\n    (b) Conforming Amendments.--\n            (1) Section 1902(a)(10)(A)(ii)(XIV) of the Social Security \n        Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XIV)) is amended by striking \n        ``1905(u)(2)(C)'' and inserting ``1905(u)(2)(B)''.\n            (2) Section 2104(d)(2) of the Social Security Act (42 \n        U.S.C. 1397dd(d)(2)) is amended by inserting ``subject to \n        section 1905(u)(4)(E),'' after ``(2)''.\n    (c) Effective Date.--The amendments made by this section shall be \neffective as if included in the enactment of section 4911 of the \nBalanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 570).\n\nSEC. 3. EXPANSION OF PRESUMPTIVE ELIGIBILITY OPTION FOR CHILDREN UNDER \n              THE MEDICAID PROGRAM.\n\n    (a) In General.--Section 1920A(b)(3)(A)(i) of the Social Security \nAct (42 U.S.C. 1396r-1a(b)(3)(A)(i)) is amended--\n            (1) by striking ``or (II)'' and inserting ``, (II)''; and\n            (2) by inserting before the semicolon ``, eligibility for \n        assistance under the State plan under part A of title IV, \n        eligibility of a child to receive medical assistance under the \n        State plan under this title or title XXI, (III) is a staff \n        member of an elementary school or secondary school, as such \n        terms are defined in section 14101 of the Elementary and \n        Secondary Education Act of 1965 (20 U.S.C. 8801), a child care \n        resource and referral center, or an agency administering a \n        State plan under part D of title IV, or (IV) is so designated \n        by the State''.\n    (b) Conforming Amendments.--Section 1920A of such Act (42 U.S.C. \n1396r-1a) is amended--\n            (1) in subsection (b)(3)(A)(ii), by striking ``paragraph \n        (1)(A)'' and inserting ``paragraph (2)(A)''; and\n            (2) in subsection (c)(2), in the matter preceding \n        subparagraph (A), by striking ``subsection (b)(1)(A)'' and \n        inserting ``subsection (b)(2)(A)''.","title":""}
+{"_id":"c117","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Children's Health Task Force Act of \n2012''.\n\nSEC. 2. TASK FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO \n              CHILDREN.\n\n    (a) Establishment.--The Secretary of Health and Human Services and \nthe Administrator of the Environmental Protection Agency, acting \njointly, shall establish and maintain a permanent task force, to be \nknown as the Task Force on Environmental Health Risks and Safety Risks \nto Children (in this Act referred to as the ``Task Force'').\n    (b) Membership.--The Task Force shall be composed of the following \nofficials (or their designees):\n            (1) The Secretary of Health and Human Services, who shall \n        serve as a Co-Chair of the Task Force.\n            (2) The Administrator of the Environmental Protection \n        Agency, who shall serve as a Co-Chair of the Task Force.\n            (3) The Secretary of Education.\n            (4) The Secretary of Labor.\n            (5) The Attorney General of the United States.\n            (6) The Secretary of Energy.\n            (7) The Secretary of Housing and Urban Development.\n            (8) The Secretary of Agriculture.\n            (9) The Secretary of Transportation.\n            (10) The Secretary of Defense.\n            (11) The Secretary of the Interior.\n            (12) The Director of the Office of Management and Budget.\n            (13) The Chair of the Council on Environmental Quality.\n            (14) The Chair of the Consumer Product Safety Commission.\n            (15) Such other officials of Federal departments and \n        agencies as the Secretary of Health and Human Services and the \n        Administrator of the Environmental Protection Agency, acting \n        jointly, may designate or invite (as appropriate) to serve on \n        the Task Force.\n    (c) Stakeholders.--The Secretary of Health and Human Services and \nthe Administrator of the Environmental Protection Agency, acting \njointly, shall, as appropriate, invite representatives of stakeholders \nto attend meetings of the Task Force, appear before the Task Force, and \nfile statements with the Task Force, subject to such requirements as \nthe Secretary and Administrator may determine.\n    (d) Functions.--The Task Force shall recommend to the President and \nthe Congress Federal strategies for addressing environmental health \nrisks and safety risks to children in the United States, within \nprojected budgetary limits, including the following:\n            (1) Adoption of action plans, including multiyear and \n        annual priorities, to address the principal environmental \n        health risks and safety risks to children.\n            (2) Initiatives that the Federal Government has undertaken \n        or will undertake in addressing the principal environmental \n        health risks and safety risks to children.\n            (3) Recommendations on how to improve cross-agency \n        implementation of actions, including cross-agency budgeting, to \n        address environmental health risks and safety risks to \n        children.\n            (4) Recommendations for a coordinated research agenda for \n        the Federal Government to address environmental health risks \n        and safety risks to children.\n            (5) Recommendations for appropriate partnerships among \n        Federal, State, local, and tribal governments and the private, \n        academic, and nonprofit sectors.\n            (6) Proposed ways to enhance public outreach and \n        communication to assist families in evaluating environmental \n        health risks and safety risks to children and in making \n        informed consumer choices.\n            (7) Proposed ways to strengthen the data system in order to \n        identify and track development of rulemakings and other actions \n        to ensure they comply with current policy on evaluating \n        environmental health risks and safety risks to children.\n    (e) Reports.--\n            (1) Biennial reports.--Not later than July 31, 2013, and \n        biennially thereafter, the Task Force shall submit to the \n        President and the Congress, make publicly available, and \n        disseminate widely a report including--\n                    (A) the strategies developed and updated under \n                subsection (d);\n                    (B) in the case of reports subsequent to the first \n                report, a description of the accomplishments of the \n                Task Force since the preceding report;\n                    (C) current national priorities for addressing \n                environmental health risks and safety risks to children \n                in the United States and any related emerging issues;\n                    (D) updates on Federal research findings and \n                research needs regarding environmental risks and safety \n                risks to children;\n                    (E) information submitted to the Task Force by \n                Federal departments and agencies for inclusion in the \n                report;\n                    (F) appropriate recommendations by the Children's \n                Health Protection Advisory Committee; and\n                    (G) information submitted by stakeholders for \n                inclusion in the report.\n            (2) Additional reporting.--In addition to the biennial \n        reports under paragraph (1), the Task Force--\n                    (A) may, as appropriate, submit to the President \n                and the Congress such additional reports and updates as \n                necessary;\n                    (B) shall make any such reports and updates \n                publicly available; and\n                    (C) shall disseminate widely any such reports and \n                updates.\n    (f) Meetings.--\n            (1) In general.--The Task Force shall meet at least \n        annually.\n            (2) Notice.--The Task Force shall--\n                    (A) publish in the Federal Register timely notice \n                of each upcoming meeting of the Task Force; and\n                    (B) provide for other types of public notice to \n                ensure that all interested persons receive timely \n                notice of each upcoming meeting of the Task Force.\n            (3) Minutes.--\n                    (A) In general.--The Task Force shall record and \n                maintain detailed minutes of each meeting of the Task \n                Force, including--\n                            (i) the meeting agenda;\n                            (ii) a record of the persons present;\n                            (iii) a complete and accurate description \n                        of matters discussed at the meeting and \n                        conclusions reached; and\n                            (iv) copies of all reports received, \n                        issued, or approved by the Task Force in \n                        connection with the meeting.\n                    (B) Public availability; copying.--The Task Force \n                shall make such minutes available for public inspection \n                and copying.\n                    (C) Accuracy.--The Co-Chairs of the Task Force \n                shall certify the accuracy of all such minutes.\n    (g) Termination of Existing Task Force.--The Task Force on \nEnvironmental Health Risks and Safety Risks to Children established by \nExecutive Order 13045 (April 21, 1997) is hereby terminated.\n    (h) Authorization of Appropriations.--To carry out this Act, there \nare authorized to be appropriated such sums as may be necessary for \nfiscal year 2013 and each subsequent fiscal year.","title":""}
+{"_id":"c118","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Children's Products Safety Act of \n2007''.\n\nSEC. 2. PURPOSE.\n\n    The purpose of this Act and the amendments made by this Act is to \nprevent the introduction of dangerous toys and other products used by \nchildren into the marketplace by requiring independent third-party \ntesting and certification that toys and other products intended for use \nby children comply with consumer product safety standards and rules \nbefore they enter the interstate stream of commerce.\n\nSEC. 3. CERTIFICATION OF COMPLIANCE OF CHILDREN'S PRODUCTS WITH \n              CONSUMER PRODUCT SAFETY RULES.\n\n    (a) Expansion of Certification Requirement To Include Certification \nfor Compliance With All Consumer Product Safety Rules Promulgated Under \nActs Administered by the Consumer Product Safety Commission.--\nSubsection (a) of section 14 of the Consumer Product Safety Act (15 \nU.S.C. 2063) is amended--\n            (1) by redesignating paragraph (2) as paragraph (5);\n            (2) in paragraph (1)--\n                    (A) by striking ``Every manufacturer'' and \n                inserting ``Except as provided in paragraph (2),''; and\n                    (B) by designating the second and third sentences \n                as paragraphs (3) and (4), respectively, and indenting \n                the margin of such paragraphs, as so designated, 2 ems \n                from the left margin;\n            (3) by inserting after paragraph (1) the following:\n            ``(2) Every manufacturer of a children's product (and the \n        private labeler of such product if it bears a private label) \n        which is subject to a consumer product safety standard under \n        this Act or a rule under this or any other Act administered by \n        the Commission declaring a consumer product a banned hazardous \n        product shall issue a certificate which shall certify that such \n        product conforms to such consumer product safety standard or is \n        not a banned hazardous product under such rule, and shall \n        specify such consumer product safety standard or such rule.'';\n            (4) in paragraph (3), as redesignated by paragraph (2)(B), \n        by striking ``Such certificate shall'' and inserting ``A \n        certificate required under this subsection shall''; and\n            (5) in paragraph (5), as redesignated by paragraph (1)--\n                    (A) by striking ``required by paragraph (1) of this \n                subsection'' and inserting ``required by paragraph (1) \n                or (2) (as the case may be)''; and\n                    (B) by striking ``requirement under paragraph (1)'' \n                and inserting ``requirement under paragraph (1) or (2) \n                (as the case may be)''.\n    (b) Third-Party Certification Required.--Subsection 14(b) of the \nConsumer Product Safety Act (15 U.S.C. 2063(b)) is amended--\n            (1) by striking ``The Commission may'' and inserting ``(1) \n        The Commission may'';\n            (2) by designating the second sentence as paragraph (2) and \n        indenting the margin of such paragraph, as so designated, 2 ems \n        from the left margin;\n            (3) in paragraph (2), as so designated, by striking ``Any \n        test or'' and inserting ``Except as provided in paragraph (3), \n        any test or''; and\n            (4) by adding at the end the following:\n            ``(3) In the case of a children's product, any test or \n        testing program on the basis of which a certificate is issued \n        under subsection (a)(2) shall be conducted by a nongovernmental \n        independent third party qualified to perform such tests or \n        testing programs.''.\n    (c) Definition of Children's Products and Independent Third \nParty.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) \nis amended by adding at the end the following:\n    ``(d) Definitions.--In this section:\n            ``(1) Children's product.--The term `children's product' \n        means a toy or other article intended for use by a child under \n        60 months of age that is introduced into the interstate stream \n        of commerce. In determining whether a toy or article is \n        intended for use by a child under 60 months of age, the \n        following factors shall be considered:\n                    ``(A) A statement by a manufacturer about the \n                intended use of such toy or article, including a label \n                on such toy or article, if such statement is \n                reasonable.\n                    ``(B) The context and manner of the advertising, \n                promotion, and marketing associated with the toy or \n                article.\n                    ``(C) Whether the toy or article is commonly \n                recognized by consumers as being intended for use by a \n                child under 60 months of age.\n                    ``(D) The Age Determination Guideline issued by the \n                Consumer Product Safety Commission in September 2002 \n                and any subsequent version of such Guideline.\n            ``(2) Independent third party.--The term `independent third \n        party', with respect to a testing entity, means an independent \n        testing entity that is physically separate from any \n        manufacturer or private labeler whose product will be tested by \n        such entity, and is not owned, managed, controlled, or directed \n        by such manufacturer or private labeler.''.\n    (d) Label and Certification.--Not later than 180 days after the \ndate of the enactment of this Act, the Consumer Product Safety \nCommission shall prescribe a rule in accordance with subsection (c) of \nsection 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for \nchildren's products described in subsection (d)(1) of such section, as \nadded by subsection (c) of this section.\n\nSEC. 4. PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD-\n              PARTY TESTING CERTIFICATION.\n\n    Section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066) \nis amended--\n            (1) in paragraph (4), by striking ``or'' at the end;\n            (2) in paragraph (5), by striking the period at the end and \n        inserting a semicolon and ``or''; and\n            (3) by adding at the end the following:\n            ``(6) is a children's product, as that term is defined in \n        section 14(d), that is not accompanied by a certificate from a \n        third-party verification entity required by section \n        14(a)(2).''.","title":""}
+{"_id":"c119","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Civic Justice Corps Act of 2011''.\n\nSEC. 2. PURPOSE.\n\n    The purpose of this Act is to develop, implement, and expand \neducational and work experience opportunities for court-involved, \npreviously incarcerated, and otherwise disadvantaged youth and young \nadults through service and conservation corps and other community-based \nservice organizations.\n\nSEC. 3. FINDINGS.\n\n    The Congress finds as follows:\n            (1) On any given day, more than 500,000 juvenile court \n        cases in the United States end in incarceration or probation.\n            (2) The per diem cost of locking up one young person in a \n        juvenile facility ranges from $24 in Wyoming to $726 in \n        Connecticut, but the American Correctional Association \n        estimates that, on average, it costs States $240.99 per day, or \n        around $88,000 a year, for every young person in a juvenile \n        facility.\n            (3) States spend nearly $6,000,000,000 a year incarcerating \n        youth.\n            (4) Youth who are imprisoned are up to 50 percent more \n        likely to recidivate than their counterparts who remain in \n        their communities.\n            (5) Nearly 70 percent of youth in residential facilities \n        have been adjudicated for nonviolent offenses and could be \n        safely managed within their communities.\n            (6) The most effective programs at reducing recidivism \n        rates and promoting positive life outcomes for youth are \n        administered within communities, outside of the criminal \n        juvenile justice system.\n            (7) In the United States there are more than 150 service \n        and conservation corps, the direct descendants of the Civilian \n        Conservation Corps of the 1930s, that operate in all 50 States, \n        provide educational and economic opportunities to more than \n        30,000 young people each year, and make important contributions \n        in the communities in which they are located.\n            (8) The Civic Justice Corps Model, developed by The Corps \n        Network in conjunction with the Gates and Open Society \n        Foundations, utilizes community service projects to deliver \n        life skills, education, workforce readiness, and supportive and \n        transitional services to formerly incarcerated and court-\n        involved youth and young adults between the ages of 16 and 25.\n            (9) Data from 14 original Civic Justice Corps sites \n        demonstrate 80 percent post-program participant placement rates \n        and 11 percent recidivism rates among program participants (as \n        opposed to the prevailing recidivism rate of 50 to 70 percent).\n\nSEC. 4. DEFINITIONS.\n\n    In this Act:\n            (1) Civic justice corps model.--The term ``Civic Justice \n        Corps Model'' refers to programs that--\n                    (A) intentionally recruit and primarily enroll as \n                participants in the program court-involved, previously \n                incarcerated, and otherwise disadvantaged youth and \n                young adults between the ages of 16 and 25;\n                    (B) provide such participants with educational \n                programming and support designed to lead to a high \n                school diploma or its recognized equivalent;\n                    (C) provide such participants with assessment, \n                career planning, workforce readiness, and service or \n                work experience designed to lead to unsubsidized \n                employment, enrollment in postsecondary education or an \n                apprenticeship program, the obtainment of an industry-\n                recognized credential, or some other type of career \n                pathway program, including military service;\n                    (D) demonstrate relationships with local criminal, \n                juvenile justice, and other social service agencies and \n                provide a range of supportive and transitional services \n                to participants;\n                    (E) engage participants in relevant, necessary, and \n                team-based community service projects designed to \n                instill life and jobs skills and long-term civic \n                engagement;\n                    (F) demonstrate relationships with local boards (as \n                such term is defined in section 101 of the Workforce \n                Investment Act of 1998 (29 U.S.C. 2801)) and local \n                employers and can provide participants with appropriate \n                post-program placements;\n                    (G) require participants to be enrolled in the \n                program for not less than 6 months, and provide \n                participants with at least 12 months of post-program \n                support and services;\n                    (H) collect post-program data for at least the 12 \n                months after such participants complete the program; \n                and\n                    (I) have in place a plan for sustaining the program \n                after the expiration of the grant.\n            (2) Local subgrantee.--The term ``local subgrantee'' refers \n        to a service and conservation corps or other community-based \n        service organization that--\n                    (A) has been competitively selected by a national \n                intermediary to carry out a Civic Justice Corps program \n                that implements the Civic Justice Corps Model; and\n                    (B) demonstrates--\n                            (i) a local need for a Civic Justice Corps \n                        program;\n                            (ii) the ability to recruit and enroll \n                        court-involved, previously incarcerated, and \n                        otherwise disadvantaged youth and young adults \n                        between the ages of 16 and 25;\n                            (iii) the ability to provide the education, \n                        workforce development, service and work \n                        experience, and supportive and follow-up \n                        services described in paragraph (1);\n                            (iv) relationships with local criminal, \n                        juvenile justice, and social service agencies;\n                            (v) relationships with local boards (as \n                        such term is defined in section 101 of the \n                        Workforce Investment Act of 1998 (29 U.S.C. \n                        2801)) and employers and the ability to place \n                        participants upon program completion;\n                            (vi) the ability to collect data and report \n                        on the performance measures described in \n                        section 6(b); and\n                            (vii) a plan to sustain the Civic Justice \n                        Corps program after the expiration of the \n                        subgrant.\n            (3) National intermediary.--The term ``national \n        intermediary'' means a national nonprofit organization that--\n                    (A) has experience in developing and administering \n                programs that utilize community service to deliver \n                education and work experience to court-involved, \n                formerly incarcerated, and otherwise disadvantaged \n                youth;\n                    (B) demonstrates an ability to administer a \n                competitive subgrant process that will result in the \n                selection of no less than nine geographically diverse \n                local subgrantees to carry out Civil Justice Corps \n                programs that implement the Civic Justice Corps Model;\n                    (C) demonstrates an ability to provide training and \n                technical assistance to subgrantees; and\n                    (D) has the ability to collect information from the \n                subgrantees on the performance measures described in \n                section 6(b) and report such information to the \n                Attorney General on an annual basis.\n            (4) Service and conservation corps.--The term ``service and \n        conservation corps'' means any State or local service or \n        conservation corps, including a service or conservation corps \n        carried out under the national service laws.\n\nSEC. 5. CIVIC JUSTICE CORPS GRANTS.\n\n    (a) In General.--The Attorney General shall award grants to one or \nmore national intermediaries to develop, implement, and collect data \nfrom Civic Justice Corps programs administered by no fewer than nine \nlocal subgrantees in diverse geographic locations.\n    (b) Grant and Subgrant Periods.--Each grant awarded to a national \nintermediary, and each subgrant awarded to a local subgrantee, under \nthis section shall be for a period of 3 years.\n    (c) Use of Grant Funds.--\n            (1) In general.--Each national intermediary receiving a \n        grant under this section shall make at least nine subgrants to \n        local subgrantees to carry out Civil Justice Corps programs \n        that implement the Civil Justice Corps Model described in \n        section 4(1) with the funds provided under such subgrant.\n            (2) Reservation.--Each national intermediary receiving a \n        grant under this section shall reserve--\n                    (A) not less than 90 percent for subgrants to local \n                subgrantees; and\n                    (B) not more than 10 percent for training and \n                technical assistance to, and data collection from, such \n                local subgrantees.\n    (d) Use of Subgrants.--An entity receiving a subgrant under this \nsection shall use the funds made available through such subgrant to \ncarry out a Civic Justice Corps program that implements the Civic \nJustice Corps Model. Such program shall include the provision of \neducational programming and support to participants, which may \ninclude--\n            (1) basic instruction and remedial education;\n            (2) language instruction for individuals with limited \n        English proficiency;\n            (3) secondary education services and activities, including \n        drop-out prevention, tutoring, and other activities;\n            (4) preparation for and access to postsecondary education \n        opportunities, including counseling and assistance with \n        applying for student financial aid;\n            (5) work readiness training, which may include--\n                    (A) development of basic skills, such as--\n                            (i) arriving on time to work;\n                            (ii) being prepared to work;\n                            (iii) working independently;\n                            (iv) working with others;\n                            (v) working safely; and\n                            (vi) demonstrating a commitment to produce \n                        high quality work;\n                    (B) development of job-specific occupational skills \n                and on-the-job training; and\n                    (C) assessment of skills, career counseling, and \n                job search assistance; and\n            (6) development and monitoring of individual education and \n        career plans.\n\nSEC. 6. REPORTS.\n\n    (a) Annual Reports to the Attorney General.--Each national \nintermediary receiving a grant under this Act shall submit a report \nannually to the Attorney General at such time, in such manner, and \nproviding such information as the Attorney General may require, \nincluding information on the performance measures reported by \nsubgrantees in accordance with subsection (b).\n    (b) Subgrantee Reports on Performance Measures.--Each entity \nreceiving a subgrant under this section shall annually report to the \nnational intermediary that awarded such subgrant on the following \nperformance measures of participant progress:\n            (1) The obtainment of a high school diploma, a recognized \n        equivalent, or some other industry-recognized credential.\n            (2) Post-program placement for each participant in one of \n        the following, and total post-program placement rates for each \n        of the following:\n                    (A) Unsubsidized employment.\n                    (B) Postsecondary education.\n                    (C) A registered apprenticeship or further job \n                training.\n                    (D) A career pathway program, including military \n                service.\n            (3) Post-program recidivism rates.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated to carry out this section \n$20,000,000 for each of the fiscal years 2012 through 2018.","title":""}
+{"_id":"c12","text":"SECTION 1. COMMISSION ON UROTRAUMA.\n\n    (a) Establishment.--In order to continue and expand the study of \nurotrauma conducted by the Secretary of Defense in 2011, subject to the \navailability of appropriations for such purpose, the Secretary shall \nestablish a commission to be known as the ``Commission on Urotrauma'' \n(in this section referred to as the ``Commission'').\n    (b) Consultation.--In carrying out this section, the Secretary of \nDefense shall consult with the Secretary of Veterans Affairs and the \nSecretary of Health and Human Services.\n    (c) Duties.--The Commission shall conduct a study on urotrauma \namong members of the Armed Forces and veterans, including--\n            (1) an analysis of the incidence, duration, morbidity rate, \n        and mortality rate of urotrauma;\n            (2) an analysis of the social and economic costs and \n        effects of urotrauma;\n            (3) with respect to the Department of Defense and \n        Department of Veterans Affairs, an evaluation of the \n        facilities, access to private facilities, resources, personnel, \n        and research activities that are related to the diagnosis, \n        prevention, and treatment of urotrauma;\n            (4) an evaluation of programs (including such biological, \n        behavioral, environmental, and social programs) that improve \n        the prevention or treatment of urotrauma;\n            (5) a long-term plan for the use and organization of the \n        resources of the Federal Government to improve the prevention \n        and treatment of urotrauma; and\n            (6) updates to any study on urotrauma conducted by the \n        Secretary of Defense in 2011.\n    (d) Membership.--\n            (1) Appointed members.--In addition to the ex officio \n        members described in paragraph (2), the Committee shall be \n        composed of 19 members as follows:\n                    (A) Sixteen members appointed by the Secretary of \n                Defense.\n                    (B) One member appointed by the Secretary of Health \n                and Human Services from among officers or employees of \n                the National Institute of Diabetes and Digestive and \n                Kidney Diseases whose primary interest is in the field \n                of urotrauma.\n                    (C) The Chief of the Department of Surgery of \n                Walter Reed National Military Medical Center.\n                    (D) The Chief Medical Director of the Department of \n                Veterans Affairs.\n            (2) Ex officio members.--The nonvoting, ex officio members \n        of the Commission are as follows:\n                    (A) The Surgeon General of the Navy.\n                    (B) The Surgeon General of the Army.\n                    (C) The Surgeon General of the Air Force.\n                    (D) The Medical Officer of the Marine Corps.\n                    (E) The Director of the National Institutes of \n                Health.\n                    (F) The Director of the National Institute of \n                Diabetes and Digestive and Kidney Diseases.\n                    (G) The Director of the Division of Kidney, \n                Urologic, and Hematologic Diseases of the National \n                Institute of Diabetes and Digestive Kidney Diseases.\n                    (H) The Director of the National Institute of \n                Biomedical Imaging and Bioengineering.\n            (3) Qualifications.--In appointing members under paragraph \n        (1)(A), the Secretary of Defense shall appoint individuals with \n        experience related to--\n                    (A) studying or researching urotrauma;\n                    (B) preventing or treating urotrauma; or\n                    (C) suffering from urotrauma.\n            (4) Term.--Each member shall be appointed for the life of \n        the Commission.\n            (5) Vacancies.--A vacancy in the Commission shall be filled \n        in the manner in which the original appointment was made.\n            (6) Pay.--\n                    (A) Except as provided in subparagraph (C), members \n                of the Commission shall serve without pay.\n                    (B) Except as provided in subparagraph (C), members \n                of the Commission who are full-time officers or \n                employees of the United States may not receive \n                additional pay, allowances, or benefits by reason of \n                their service on the Commission.\n                    (C) Each member shall receive travel expenses, \n                including per diem in lieu of subsistence, in \n                accordance with applicable provisions under subchapter \n                I of chapter 57 of title 5, United States Code.\n            (7) Quorum.--A majority of members of the Commission shall \n        constitute a quorum but a lesser number may hold hearings.\n            (8) Chairperson.--The Secretary of Defense shall designate \n        a member as the chairperson of the Committee.\n            (9) Meetings.--The Commission shall meet at the call of the \n        chairperson.\n    (e) Staff.--\n            (1) Director.--The Commission shall have a director who \n        shall be appointed by the chairperson.\n            (2) Staff.--Subject to rules prescribed by the Commission, \n        the chairperson may appoint additional personnel as the \n        chairperson considers appropriate.\n            (3) Applicability of certain civil service laws.--The \n        director and staff of the Commission shall be appointed subject \n        to the provisions of title 5, United States Code, governing \n        appointments in the competitive service, and shall be paid in \n        accordance with the provisions of chapter 51 and subchapter III \n        of chapter 53 of that title relating to classification and \n        General Schedule pay rates.\n            (4) Experts and consultants.--Subject to rules prescribed \n        by the Commission, the chairperson may procure temporary and \n        intermittent services under section 3109(b) of title 5, United \n        States Code.\n            (5) Staff to federal agencies.--Upon request of the \n        chairperson, the head of any Federal department or agency may \n        detail, on a reimbursable basis, any of the personnel of that \n        department or agency to the Commission to assist it in carrying \n        out its duties under this section.\n    (f) Powers of Commission.--\n            (1) Hearings and sessions.--The Commission may, for the \n        purpose of carrying out this section, hold hearings, sit and \n        act at times and places, take testimony, and receive evidence \n        as the Commission considers appropriate. The Commission may \n        administer oaths or affirmations to witnesses appearing before \n        it.\n            (2) Powers of members and agents.--Any member or agent of \n        the Commission may, if authorized by the Commission, take any \n        action which the Commission is authorized to take by this \n        section.\n            (3) Obtaining official data.--The Commission may secure \n        directly from any department or agency of the United States \n        information necessary to enable it to carry out this section. \n        Upon request of the chairperson of the Commission, the head of \n        that department or agency shall furnish that information to the \n        Commission.\n            (4) Mails.--The Commission may use the United States mails \n        in the same manner and under the same conditions as other \n        departments and agencies of the United States.\n            (5) Administrative support services.--Upon the request of \n        the Commission, the Administrator of General Services shall \n        provide to the Commission, on a reimbursable basis, the \n        administrative support services necessary for the Commission to \n        carry out its responsibilities under this section.\n    (g) Reports.--\n            (1) Interim report.--Not later than one year after the date \n        on which the members are appointed under subsection (d)(1), the \n        Commission shall submit to the appropriate congressional \n        committees an interim report on the study conducted under \n        subsection (c).\n            (2) Final report.--Not later than two years after the date \n        on which the members are appointed under subsection (d)(1), the \n        Commission shall submit to the appropriate congressional \n        committees a final report on the study conducted under \n        subsection (c), including any recommendations the Commission \n        considers appropriate to improve the prevention and treatment \n        of urotrauma among members of the Armed Forces and veterans.\n    (h) Termination.--The Commission shall terminate on the date that \nis 60 days after the date on which the Commission submits the final \nreport under subsection (g)(2).\n    (i) Definitions.--In this section:\n            (1) The term ``appropriate congressional committees'' \n        means--\n                    (A) the Committees on Armed Services of the House \n                of Representatives and Senate; and\n                    (B) the Committees on Veterans' Affairs of the \n                House of Representatives and Senate.\n            (2) The term ``urotrauma'' means injury to the urinary \n        tract (including the kidneys, ureters, urinary bladder, \n        urethra, and female and male genitalia) from a penetrating, \n        blunt, blast, thermal, chemical, or biological cause.\n    (j) Authorization of Appropriations.--\n            (1) Authorization.--There is authorized to be appropriated \n        to carry out this section $1,000,000 for each of fiscal years \n        2012 through 2015.\n            (2) Offset.--The amount otherwise authorized to be \n        appropriated for operation and maintenance, Defense-wide, for \n        the Office of the Secretary of Defense for each of fiscal years \n        2012 through 2015 is reduced by $1,000,000.","title":""}
+{"_id":"c120","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Clean Alternatives for Energy \nIndependence Act of 2005''.\n\nSEC. 2. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF \n              2005 FOR OIL AND GAS.\n\n    (a) Repeal.--The following provisions, and amendments made by such \nprovisions, of the Energy Policy Act of 2005 are hereby repealed:\n            (1) Section 1323 (relating to temporary expensing for \n        equipment used in refining of liquid fuels).\n            (2) Section 1324 (relating to pass through to owners of \n        deduction for capital costs incurred by small refiner \n        cooperatives in complying with Environmental Protection Agency \n        sulfur regulations).\n            (3) Section 1325 (relating to natural gas distribution \n        lines treated as 15-year property).\n            (4) Section 1326 (relating to natural gas gathering lines \n        treated as 7-year property).\n            (5) Section 1328 (relating to determination of small \n        refiner exception to oil depletion deduction).\n            (6) Section 1329 (relating to amortization of geological \n        and geophysical expenditures).\n    (b) Administration of Internal Revenue Code of 1986.--The Internal \nRevenue Code of 1986 shall be applied and administered as if the \nprovisions, and amendments, specified in subsection (a) had never been \nenacted.\n\nSEC. 3. INCREASE IN FUEL CELL TAX INCENTIVES FOR RESIDENTIAL AND \n              BUSINESS USES.\n\n    (a) Residential Use.--Subparagraph (C) of section 25D(b)(1) of the \nInternal Revenue Code of 1986 (relating to maximum credit) is amended \nby striking ``$500'' and inserting ``$1,000''.\n    (b) Business Use.--\n            (1) Increase.--Subparagraph (B) of section (48)(c)(1) of \n        such Code (relating to qualified fuel cell property) is amended \n        by striking ``$500'' and inserting ``$1,000''.\n            (2) Extension.--Subparagraph (E) of section (48)(c)(1) of \n        such Code (relating to termination) is amended by striking \n        ``December 31, 2007'' and inserting ``December 31, 2012''.\n\nSEC. 4. ALTERNATIVE MOTOR VEHICLE TAX INCENTIVES.\n\n    (a) Increases in Credit.--\n            (1) New qualified fuel cell motor vehicle.--Subsection (b) \n        of section 30B of such Code (relating to new qualified fuel \n        cell motor vehicle credit) is amended--\n                    (A) in paragraph (1)--\n                            (i) by striking ``$8,000'' in subparagraph \n                        (A) and inserting ``$16,000'',\n                            (ii) by striking ``$10,000'' in \n                        subparagraph (B) and inserting ``$20,000'',\n                            (iii) by striking ``$20,000'' in \n                        subparagraph (C) and inserting ``$40,000'', and\n                            (iv) by striking ``$40,000'' in \n                        subparagraph (D) and inserting ``$80,000'', and\n                    (B) in paragraph (2)(A)--\n                            (i) by striking ``$1,000'' in clause (i) \n                        and inserting ``$2,000'',\n                            (ii) by striking ``$1,500'' in clause (ii) \n                        and inserting ``$3,000'',\n                            (iii) by striking ``$2,000'' in clause \n                        (iii) and inserting ``$4,000'',\n                            (iv) by striking ``$2,500'' in clause (iv) \n                        and inserting ``$5,000'',\n                            (v) by striking ``$3,000'' in clause (v) \n                        and inserting ``$6,000'',\n                            (vi) by striking ``$3,500'' in clause (vi) \n                        and inserting ``$7,000'', and\n                            (vii) by striking ``$4,000'' in clause \n                        (vii) and inserting ``$8,000''.\n            (2) New advanced lean burn technology motor vehicle.--\n                    (A) Fuel economy.--The table in clause (i) of \n                section 30B(c)(2)(A) of such Code (relating to fuel \n                economy) is amended--\n                            (i) by striking ``$400'' and inserting \n                        ``$800'',\n                            (ii) by striking ``$800'' and inserting \n                        ``$1,600'',\n                            (iii) by striking ``$1,200'' and inserting \n                        ``$2,400'',\n                            (iv) by striking ``$1,600'' and inserting \n                        ``$3,200'',\n                            (v) by striking ``$2,000'' and inserting \n                        ``$4,000'', and\n                            (vi) by striking ``$2,400'' and inserting \n                        ``$4,800''.\n                    (B) Conservation.--The table in subparagraph (B) of \n                section 30B(c)(2) of such Code (relating to \n                conservation credit) is amended--\n                            (i) by striking ``$250'' and inserting \n                        ``$500'',\n                            (ii) by striking ``$500'' and inserting \n                        ``$1,000'',\n                            (iii) by striking ``$750'' and inserting \n                        ``$1,500'', and\n                            (iv) by striking ``$1,000'' and inserting \n                        ``$2,000''.\n    (b) Expansion of Number of New Qualified Hybrid and Advanced Lean \nBurn Technology Vehicles Eligible for Credit.--Paragraph (2) of section \n30B(f) of such Code (relating to phaseout) is amended by striking \n``60,000'' and inserting ``120,000''.\n    (c) Increase in Credit for Alternative Fuel Vehicle Refueling \nProperty.--Subsection (b) of section 30C of such Code (relating to \nlimitation) is amended--\n            (1) in paragraph (1) by striking ``$30,000'' and inserting \n        ``$60,000'', and\n            (2) in paragraph (2) by striking ``$1,000'' and inserting \n        ``$2,000''.\n    (d) Extensions of Incentives.--\n            (1) New qualified fuel cell motor vehicle.--Paragraph (1) \n        of section 30B(j) of such Code (relating to termination) is \n        amended by striking ``December 31, 2014'' and inserting \n        ``December 31, 2019''.\n            (2) Alternative fuel vehicle refueling property.--\n                    (A) Hydrogen-related property.--Paragraph (1) of \n                section 30C(g) of such Code (relating to termination) \n                is amended by striking ``December 31, 2014'' and \n                inserting ``December 31, 2019''.\n                    (B) Other fuels-related property.--Paragraph (2) of \n                section 30C(g) of such Code (relating to termination) \n                is amended by striking ``December 31, 2009'' and \n                inserting ``December 31, 2011''.\n    (e) Effective Date.--The amendments made by this section shall take \neffect as if included in the provisions of the Energy Policy Act of \n2005 to which they relate.","title":""}
+{"_id":"c121","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Cleaning Product Labeling Act of \n2017''.\n\nSEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT.\n\n    (a) Labeling Requirement.--Beginning on the date that is 1 year \nafter the date on which the Commission issues regulations under \nsubsection (d), a cleaning product manufactured for sale, offered for \nsale, distributed in commerce, or imported to the United States after \nsuch date shall bear a label on the product's container or packaging \nwith, and the manufacturer of the product shall include on the Internet \nwebsite of the manufacturer (if the manufacturer maintains an Internet \nwebsite), a complete and accurate list of all the product's \ningredients, including the individual ingredients in dyes, fragrances, \nand preservatives. Ingredients shall be listed in accordance with the \nfollowing:\n            (1) Ingredients shall be listed in descending order of \n        predominance in the product by weight, other than ingredients \n        that constitute less than 1 percent of the product, which may \n        be listed at the end in any order.\n            (2) The list of ingredients on the Internet website of the \n        product shall--\n                    (A) include the CAS Registry Number of each \n                ingredient;\n                    (B) include an explanation of each ingredient's \n                purpose for being in the cleaning product; and\n                    (C) be available in English, Spanish, and any other \n                language the Commission or Administration determines \n                necessary to ensure that users of the product in the \n                United States are informed as to the complete list of \n                the product's ingredients and their function.\n    (b) Treatment of Nonconforming Products.--\n            (1) Consumer products.--A cleaning product under the \n        jurisdiction of the Commission that is not in conformity with \n        the labeling requirements of subsection (a), including a \n        product the manufacturer of which is not in compliance with the \n        Internet website listing requirement with respect to such \n        product, shall be treated as a substance defined in section \n        2(p) of the Federal Hazardous Substances Act (15 U.S.C. \n        1261(p)) for purposes of such Act.\n            (2) Other cleaning products.--A cleaning product under the \n        jurisdiction of the Occupational Safety and Health \n        Administration that is not in conformity with the labeling \n        requirements of subsection (a), including a product the \n        manufacturer of which is not in compliance with the Internet \n        website listing requirement with respect to such product, shall \n        be treated as a product in violation of a rule promulgated \n        under section 6 of the Occupational Safety and Health Act of \n        1970 (29 U.S.C. 655).\n    (c) No Effect on Existing Labeling Requirements.--Nothing in this \nAct shall be interpreted as having any effect on any labeling \nrequirements in effect before the date of enactment of this Act as \ndescribed in section 2(p) of the Federal Hazardous Substances Act (15 \nU.S.C. 1261(p)), section 3 of the Poison Prevention Packaging Act of \n1970 (15 U.S.C. 1472), or the Hazard Communication Standard of the \nOccupational Safety and Health Administration.\n    (d) Rulemaking Authority of the Consumer Product Safety \nCommission.--Not later than 1 year after the date of the enactment of \nthis Act, in consultation with the Administrator of the Environmental \nProtection Agency as necessary, the Commission shall issue regulations \nfor cleaning products under the jurisdiction of the Commission--\n            (1) to ensure a standardized method of listing ingredients \n        in an accessible, uniform, and legible manner on both the label \n        and Internet website of a product as required by subsection \n        (a); and\n            (2) to provide for the effective enforcement of this Act.\n    (e) Rulemaking Authority of the Occupational Safety and Health \nAdministration.--Not later than 1 year after the date of the enactment \nof this Act, in consultation with the Administrator of the \nEnvironmental Protection Agency as necessary, the Secretary of Labor \nshall issue regulations, including occupational safety or health \nstandards, for cleaning products under the jurisdiction of the \nAdministration--\n            (1) to ensure a standardized method of listing ingredients \n        in an accessible, uniform, and legible manner on both the label \n        and website of a product as required by subsection (a); and\n            (2) to provide for the effective enforcement of this Act.\n    (f) Preservation of Existing Agency Jurisdiction.--Nothing in this \nAct shall be construed as having any effect on which cleaning products \nfall within the jurisdiction of the Commission or the Occupational \nSafety and Health Administration.\n\nSEC. 3. PUBLIC RIGHT TO KNOW PETITION.\n\n    (a) Petition.--Any person may submit a petition to the agency of \njurisdiction alleging that a cleaning product available in interstate \ncommerce does not satisfy the labeling requirements of this Act, \nincluding a product the manufacturer of which is not in compliance with \nthe requirement to list the product's ingredients on its Internet \nwebsite.\n    (b) Action by the Agency of Jurisdiction.--The agency of \njurisdiction shall notify a petitioner of the receipt of a petition \nwithin 30 days after receipt of such petition. The agency shall \ninvestigate the claims made by the petition and make a determination as \nto the validity of such claims within 180 days after acknowledging the \nreceipt of such petition. If the agency sustains the claim or claims \nmade by the petition, the agency shall initiate the proper enforcement \nactions required by law.\n    (c) Regulations.--The agency of jurisdiction may issue such \nregulations as it determines necessary to require that petitions \ninclude a reasonable evidentiary basis for the claims made therein.\n\nSEC. 4. RELATIONSHIP TO STATE LAWS.\n\n    Nothing in this Act affects the right of a State or political \nsubdivision of a State to adopt or enforce any regulation, requirement, \nor standard of performance that is different from, or in addition to, a \nregulation, requirement, liability, or standard of performance \nestablished pursuant to this Act unless compliance with both this Act \nand the State or political subdivision of a State regulation, \nrequirement, or standard of performance is impossible, in which case \nthe applicable provision of this Act shall control.\n\nSEC. 5. DEFINITIONS.\n\n    In this Act:\n            (1) Agency of jurisdiction.--The term ``agency of \n        jurisdiction'' means the Occupational Safety and Health \n        Administration with respect to cleaning products and matters \n        under the jurisdiction of the Administration and the Commission \n        with respect to cleaning products and matters under the \n        jurisdiction of the Commission.\n            (2) Air care product.--The term ``air care product'' means \n        a mixture of one or more chemicals the purpose of which is to \n        clean and freshen air or to deodorize and neutralize unwanted \n        odors in the indoor air, including solid gels, air freshener \n        spray, an outlet or battery operated air freshener, a hanging \n        car air freshener, and a potpourri product.\n            (3) Automotive product.--The term ``automotive product'' \n        means a chemically formulated consumer product designed to \n        maintain the appearance of a motor vehicle, but does not \n        include automotive paint or a paint repair product.\n            (4) Cleaning product.--The term ``cleaning product'' means \n        any chemically formulated product used primarily for \n        commercial, domestic, or institutional cleaning purposes, \n        including an air care product, automotive product, disinfectant \n        (except as provided in subparagraph (B)), and polish or floor \n        maintenance product. Such term shall not include--\n                    (A) any drug or cosmetic, including personal care \n                items such as toothpaste, shampoo, and hand soap; or\n                    (B) a product labeled, advertised, marketed, and \n                distributed for use only as a pesticide, as defined by \n                section 2(u) of the Federal Insecticide, Fungicide, and \n                Rodenticide Act (7 U.S.C. 136(u)), including a \n                disinfectant intended for use solely on critical or \n                semi-critical devices as described by such section.\n            (5) Commission.--The term ``Commission'' means the Consumer \n        Product Safety Commission.\n            (6) Ingredient.--The term ``ingredient'' means a chemical \n        intentionally incorporated in a cleaning product, including--\n                    (A) a chemical intentionally added to the product \n                that provides a technical or functional effect;\n                    (B) the intentional breakdown product of a chemical \n                that has an effect on the cleaning product;\n                    (C) with respect to a fragrance or preservative, \n                each individual component part of the fragrance or \n                preservative; and\n                    (D) any individual component of an ingredient or of \n                an incidental ingredient that the Commission determines \n                should be considered an ingredient.\n            (7) Incidental ingredient.--The term ``incidental \n        ingredient'' means a chemical in a cleaning product, \n        including--\n                    (A) any substance that is present by reason of \n                having been added to a cleaning product during \n                processing for its technical or functional effect;\n                    (B) a chemical that has no technical or functional \n                effect but is present by reason of having been \n                incorporated into the cleaning product as a component \n                of an ingredient of another chemical; and\n                    (C) any contaminant that may form via reactions \n                over the shelf life of a cleaning product and that may \n                be present at levels where detection is technologically \n                feasible.\n            (8) Polish or floor maintenance product.--The term ``polish \n        or floor maintenance product'' means a chemically formulated \n        consumer product designed to polish, protect, or maintain \n        furniture, floors, metal, leather, or other surfaces, including \n        polish, wax, and restorer.\n            (9) Secretary of labor.--The term ``Secretary of Labor'' \n        means the Secretary of Labor, acting through the Assistant \n        Secretary of Labor for Occupational Safety and Health.","title":""}
+{"_id":"c122","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Cleaning Product Right to Know Act \nof 2011''.\n\nSEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT.\n\n    (a) Labeling Requirement.--Beginning 1 year after the date of \nenactment of this Act, a cleaning product manufactured for sale, \noffered for sale, distributed in commerce, or imported to the United \nStates after such date shall bear a label on the product's container or \npackaging with a complete and accurate list of all the product's \ningredients, including the individual ingredients in dyes, fragrances, \nand preservatives. Ingredients shall be listed in accordance with the \nfollowing:\n            (1) Each ingredient shall be listed by the name assigned to \n        it by the International Nomenclature of Cosmetic Ingredients. \n        If there is no such name, by the name assigned to it by the \n        International Union of Pure and Applied Chemistry. If there is \n        no such name, the ingredient may be listed by its common \n        chemical name.\n            (2) Ingredients shall be listed in descending order of \n        predominance in the product by weight, other than ingredients \n        that constitute less than 1 percent of the product, which may \n        be listed at the end in any order.\n    (b) Exemptions.--\n            (1) Exemption for undetectable ingredients.--The Commission \n        may exempt from the labeling requirement an ingredient that is \n        present in a cleaning product at such low levels that detection \n        of the ingredient in the product is not technologically \n        feasible.\n            (2) Exemption for ingredients constituting trade secrets.--\n                    (A) In general.--An ingredient may be exempt from \n                the labeling requirements of this section if the \n                manufacturer demonstrates to the Commission that such \n                ingredient is a trade secret, as determined by the \n                Commission under subparagraph (D), based on a claim \n                submitted by the manufacturer under subparagraph (B). \n                An exemption for an ingredient under this paragraph \n                shall be for a period of 5 years, after which the \n                manufacturer may again submit a claim for an additional \n                5-year exemption.\n                    (B) Claims of trade secrecy.--A manufacturer making \n                a claim that an ingredient is a trade secret shall file \n                such claim with the Commission. Such claim shall \n                contain--\n                            (i) the identity of the person making the \n                        claim;\n                            (ii) a brief description of the information \n                        for which trade secret protection is being \n                        claimed;\n                            (iii) the period of time for which trade \n                        secret protection is claimed and a \n                        justification for the period selected;\n                            (iv) the extent to which the information is \n                        known by employees or others involved with the \n                        facility or business, and whether or not those \n                        individuals with knowledge are bound by non-\n                        disclosure agreements;\n                            (v) the extent to which the information is \n                        known outside of the facility or business of \n                        the person, and whether or not individuals with \n                        such knowledge are bound by non-disclosure \n                        agreements;\n                            (vi) the measures taken to restrict access \n                        to and safeguard the information, and whether \n                        or not the person plans to continue utilizing \n                        such measures;\n                            (vii) copies of, or references to, any \n                        pertinent confidentiality determinations \n                        previously made by any public agencies;\n                            (viii) the estimated dollar value of the \n                        claimed information to the person's facility or \n                        business, and to that person's competitors;\n                            (ix) the amount of effort or money expended \n                        by the person's facility or business in \n                        developing the information;\n                            (x) the ease or difficulty with which the \n                        information could be properly acquired, \n                        duplicated or reverse-engineered by others;\n                            (xi) a description of the nature and extent \n                        of substantial harm that would be caused if the \n                        information were made public, including an \n                        explanation of the causal relationship between \n                        disclosure and the harmful effects claimed;\n                            (xii) the signature of the person's general \n                        counsel or other executive with knowledge of \n                        the preparation of the substantiating \n                        information certifying under penalty of \n                        perjury, based upon the knowledge and belief of \n                        the signatory, that--\n                                    (I) the substantiating information \n                                is true, accurate, and complete;\n                                    (II) the information for which \n                                trade secret protection is claimed is \n                                not otherwise publicly available; and\n                                    (III) there is a reasonable basis \n                                to assert trade secret protection for \n                                the information so claimed; and\n                            (xiii) the name, mailing address, telephone \n                        number and email address of the individual to \n                        be contacted if any additional information is \n                        needed by the Commission to make a \n                        determination.\n                    (C) Limitation.--No ingredient may be claimed as a \n                trade secret if such ingredient--\n                            (i) is publicly know to be in the product;\n                            (ii) can be discovered through a standard \n                        process of reverse engineering;\n                            (iii) is a hazardous substance within the \n                        meaning of section 2(f) of the Federal \n                        Hazardous Substances Act (15 U.S.C. 1261(f)); \n                        or\n                            (iv) is a substance--\n                                    (I) meeting the criteria for \n                                category 1 or category 2 for any of the \n                                toxicity endpoints established by the \n                                Globally Harmonized System for the \n                                Classification and Labeling of \n                                Hazardous Substances that causes an \n                                adverse effect that has been \n                                demonstrated in humans or other exposed \n                                organisms; or\n                                    (II) for which the weight of \n                                evidence (such as demonstration of an \n                                adverse effect, laboratory studies, or \n                                data for a chemical from the same \n                                chemical class that exhibits that \n                                adverse effect) demonstrates the \n                                potential for an adverse effect in \n                                humans or other exposed organisms, \n                                including actual or potential effects \n                                of exposure to the chemical substance \n                                or mixture on mortality, morbidity, \n                                including carcinogenesis, reproduction, \n                                growth and development, the immune \n                                system, the endocrine system, the brain \n                                or nervous system, other organ systems, \n                                or any other biological functions in \n                                humans or nonhuman organisms.\n                    (D) CPSC determination.--As promptly as practicable \n                after receiving the information submitted by a \n                manufacturer, the Commission shall make a determination \n                on the basis of such information as to whether the \n                ingredient is a legitimate trade secret and shall \n                notify the manufacturer of its determination.\n    (c) Treatment Under the FHSA.--A cleaning product that is not in \nconformity with the labeling requirements of subsection (a) and not \nexempt from such requirements pursuant to subsection (b) shall be \ntreated as a substance defined in section 2(p) of the Federal Hazardous \nSubstances Act (15 U.S.C. 1261(p)) for purposes of such Act.\n    (d) No Effect on Existing Labeling Requirements.--Nothing in this \nAct shall be interpreted as having any effect on any labeling \nrequirements in effect before the date of enactment of this Act as \ndescribed in section 2(p) of the Federal Hazardous Substances Act (15 \nU.S.C. 1261(p)).\n    (e) Rulemaking Authority.--The Commission may issue such \nregulations it determines necessary to provide for the effective \nenforcement of this Act, and shall consult with the Administrator of \nthe Environmental Protection Agency as necessary.\n\nSEC. 3. PUBLIC RIGHT TO KNOW PETITION.\n\n    (a) Petition.--Any person may submit a petition to the Commission \nalleging that a cleaning product available in interstate commerce does \nnot satisfy the labeling requirements of this Act.\n    (b) Action by the Commission.--The Commission shall notify a \npetitioner of the receipt of a petition within 30 days after receipt of \nsuch petition. The Commission shall investigate the claims made by the \npetition and make a determination as to the validity of such claims \nwithin 180 days after acknowledging the receipt of such petition. If \nthe Commission sustains the claim or claims made by the petition, the \nCommission shall initiate the proper enforcement actions required by \nlaw.\n    (c) Regulations.--The Commission may issue such regulations as it \ndetermines necessary to require that petitions include a reasonable \nevidentiary basis for the claims made therein.\n\nSEC. 4. REQUIRED INTERNET DISCLOSURE.\n\n    (a) Manufacturer Disclosure.--Each manufacturer of a cleaning \nproduct shall make available in a clear and conspicuous location on the \nwebsite of such manufacturer, if the manufacturer maintains a website, \na complete list of each of the manufacturer's cleaning products' \ningredients not later than 6 months after the date of enactment of this \nAct.\n    (b) Content and Requirements of Disclosure.--The disclosure \nrequired by subsection (a) shall--\n            (1) name and list the product's ingredients in the manner \n        prescribed in section 3;\n            (2) be reviewed every 120 days and revised as necessary to \n        reflect changes to cleaning products;\n            (3) include the appropriate Chemical Abstract Services \n        number for each ingredient;\n            (4) identify any potential adverse health effect of each \n        ingredient in the cleaning product and use the appropriate \n        signal word or hazard descriptor as prescribed in section 2(p) \n        of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)); \n        and\n            (5) be sortable by product, ingredient, adverse health \n        effect, and other categories as determined by the Commission.\n    (c) Commission Disclosure.--Promptly after the date set forth in \nsubsection (a), the Commission shall provide on the website of the \nCommission a web page that aggregates the information made available by \nmanufacturers under such subsection and that allows users to compare \nproducts made by different manufacturers. Such web page shall be \nreviewed every 6 months and revised as necessary to reflect changes to \ncleaning products.\n    (d) Language Accessibility.--The disclosures required to be made on \na website or web page subject to this section shall be available in \nEnglish, Spanish, and any other language the Commission determines \nnecessary to ensure that users of a cleaning product in the United \nStates are informed as to the complete list of the product's \ningredients and potential adverse health effects.\n\nSEC. 5. ENHANCED PENALTIES.\n\n    Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. \n1264(c)(1)) is amended by striking ``$15,000,000'' and inserting \n``$30,000,000''.\n\nSEC. 6. REPORTING.\n\n    Not later than 2 years after the date of enactment of this Act and \nevery 2 years thereafter, the Commission shall prepare a report on \ncompliance with the labeling requirement of this Act and the \nenforcement activities of the Commission, and shall transmit such \nreport to Congress and make it publicly available on the Internet.\n\nSEC. 7. PREEMPTION.\n\n    Nothing in this Act affects the right of a State or political \nsubdivision of a State to adopt or enforce any regulation, requirement, \nor standard of performance that is different from, or in addition to, a \nregulation, requirement, liability, or standard of performance \nestablished pursuant to this Act unless compliance with both this Act \nand the State or political subdivision of a State regulation, \nrequirement, or standard of performance is impossible, in which case \nthe applicable provision of this Act shall control.\n\nSEC. 8. DEFINITIONS.\n\n    In this Act:\n            (1) Adverse health effect.--The term ``adverse health \n        effect'' means a chemical or biochemical change, anatomic \n        change, or functional impairment, or a known precursor to such \n        a change or impairment, that--\n                    (A) has the potential to impair the performance of \n                an anatomic structure of a vital system of an organism \n                or progeny of an organism;\n                    (B) causes irreversible change in the homeostasis \n                of an organism;\n                    (C) increases the susceptibility of an organism or \n                progeny of an organism to other chemical or biological \n                stressors or reduces the ability of an organism or \n                progeny of an organism to respond to additional health \n                or environmental challenges; or\n                    (D) affects, alters, or harms the environment such \n                that the health of humans or other organisms is \n                directly or indirectly threatened.\n            (2) Air care product.--The term ``air care product'' means \n        a chemically formulated consumer product designed to clean and \n        freshen air or to deodorize and neutralize unwanted odors in \n        the indoor air, including solid gels, air freshener spray, an \n        outlet or battery operated air freshener, a hanging car air \n        freshener, and a potpourri product.\n            (3) Automotive product.--The term ``automotive product'' \n        means a chemically formulated consumer product designed to \n        maintain the appearance of a motor vehicle, but does not \n        include automotive paint or a paint repair product.\n            (4) Cleaning product.--The term ``cleaning product'' means \n        any product used primarily for commercial, domestic, or \n        institutional cleaning purposes, including an air care product, \n        automotive product, disinfectant (except as provided in \n        subparagraph (B)), and polish or floor maintenance product. \n        Such term shall not include--\n                    (A) any drug or cosmetics, including a personal \n                care items such as toothpaste, shampoo, and hand soap; \n                or\n                    (B) a product labeled, advertised, marketed, and \n                distributed for use only as a pesticide, as defined by \n                section 2(u) of the Federal Insecticide, Fungicide and \n                Rodenticide Act (7 U.S.C. 136(u)), including a \n                disinfectant intended for use solely on critical or \n                semi-critical devices as described by such section.\n            (5) Commission.--The term ``Commission'' means the Consumer \n        Product Safety Commission.\n            (6) Ingredient.--The term ``ingredient'' means a chemical \n        in a cleaning product, including--\n                    (A) a chemical that provides a technical or \n                functional effect;\n                    (B) a chemical that has no technical or functional \n                effect but is present by reason of having been \n                incorporated into the cleaning product as an ingredient \n                of another chemical;\n                    (C) a processing aid that is present by reason of \n                having been added to a cleaning product during the \n                processing of such cleaning product;\n                    (D) any substance that is present by reason of \n                having been added to a cleaning product during \n                processing for its technical or functional effect;\n                    (E) any contaminant that may leach from container \n                materials or form via reactions over the shelf life of \n                a cleaning product and that may be present at levels \n                where detection is technologically feasible;\n                    (F) with respect to a fragrance or preservative, \n                each individual component part of the fragrance or \n                preservative by its individual name; and\n                    (G) any individual component of a petroleum-\n                derived, animal-derived, or other ingredient that the \n                Commission determines be considered an ingredient.\n            (7) Polish or floor maintenance product.--The term ``polish \n        or floor maintenance product'' means a chemically formulated \n        consumer product designed to polish, protect, or maintain \n        furniture, floors, metal, leather, or other surfaces, including \n        polish, wax, and restorer.","title":""}
+{"_id":"c123","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Climate Change Drinking Water \nAdaptation Research Act.''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) the consensus among climate scientists is overwhelming \n        that climate change is occurring more rapidly than can be \n        attributed to natural causes, and that significant impacts to \n        the water supply are already occurring;\n            (2) among the first and most critical of those impacts will \n        be change to patterns of precipitation around the world, which \n        will affect water availability for the most basic drinking \n        water and domestic water needs of populations in many areas of \n        the United States;\n            (3) drinking water utilities throughout the United States, \n        as well as those in Europe, Australia, and Asia, are concerned \n        that extended changes in precipitation will lead to extended \n        droughts;\n            (4) supplying water is highly energy-intensive and will \n        become more so as climate change forces more utilities to turn \n        to alternative supplies;\n            (5) energy production consumes a significant percentage of \n        the fresh water resources of the United States;\n            (6) since 2003, the drinking water industry of the United \n        States has sponsored, through a nonprofit water research \n        foundation, various studies to assess the impacts of climate \n        change on drinking water supplies;\n            (7) those studies demonstrate the need for a comprehensive \n        program of research into the full range of impacts on drinking \n        water utilities, including impacts on water supplies, \n        facilities, and customers;\n            (8) that nonprofit water research foundation is also \n        coordinating internationally with other drinking water \n        utilities on shared research projects and has hosted \n        international workshops with counterpart European and Asian \n        water research organizations to develop a unified research \n        agenda for applied research on adaptive strategies to address \n        climate change impacts;\n            (9) research data in existence as of the date of enactment \n        of this Act--\n                    (A) summarize the best available scientific \n                evidence on climate change;\n                    (B) identify the implications of climate change for \n                the water cycle and the availability and quality of \n                water resources; and\n                    (C) provide general guidance on planning and \n                adaptation strategies for water utilities; and\n            (10) given uncertainties about specific climate changes in \n        particular areas, drinking water utilities need to prepare for \n        a wider range of likely possibilities in managing and delivery \n        of water.\n\nSEC. 3. RESEARCH ON THE EFFECTS OF CLIMATE CHANGE ON DRINKING WATER \n              UTILITIES.\n\n    (a) In General.--The Administrator of the Environmental Protection \nAgency, in cooperation with the Secretary of Commerce, the Secretary of \nEnergy, and the Secretary of the Interior, shall establish and provide \nfunding for a program of directed and applied research, to be conducted \nthrough a nonprofit water research foundation and sponsored by drinking \nwater utilities, to assist suppliers of drinking water in adapting to \nthe effects of climate change.\n    (b) Research Areas.--The research conducted in accordance with \nsubsection (a) shall include research into--\n            (1) water quality impacts and solutions, including \n        research--\n                    (A) to address probable impacts on raw water \n                quality resulting from--\n                            (i) erosion and turbidity from extreme \n                        precipitation events;\n                            (ii) watershed vegetation changes; and\n                            (iii) increasing ranges of pathogens, \n                        algae, and nuisance organisms resulting from \n                        warmer temperatures; and\n                    (B) on mitigating increasing damage to watersheds \n                and water quality by evaluating extreme events, such as \n                wildfires and hurricanes, to learn and develop \n                management approaches to mitigate--\n                            (i) permanent watershed damage;\n                            (ii) quality and yield impacts on source \n                        waters; and\n                            (iii) increased costs of water treatment;\n            (2) impacts on groundwater supplies from carbon \n        sequestration, including research to evaluate potential water \n        quality consequences of carbon sequestration in various \n        regional aquifers, soil conditions, and mineral deposits;\n            (3) water quantity impacts and solutions, including \n        research--\n                    (A) to evaluate climate change impacts on water \n                resources throughout hydrological basins of the United \n                States;\n                    (B) to improve the accuracy and resolution of \n                climate change models at a regional level;\n                    (C) to identify and explore options for increasing \n                conjunctive use of aboveground and underground storage \n                of water; and\n                    (D) to optimize operation of existing and new \n                reservoirs in diminished and erratic periods of \n                precipitation and runoff;\n            (4) infrastructure impacts and solutions for water \n        treatment facilities and underground pipelines, including \n        research--\n                    (A) to evaluate and mitigate the impacts of sea \n                level rise on--\n                            (i) near-shore facilities;\n                            (ii) soil drying and subsidence; and\n                            (iii) reduced flows in water and wastewater \n                        pipelines; and\n                    (B) on ways of increasing the resilience of \n                existing infrastructure and development of new design \n                standards for future infrastructure;\n            (5) desalination, water reuse, and alternative supply \n        technologies, including research--\n                    (A) to improve and optimize existing membrane \n                technologies, and to identify and develop breakthrough \n                technologies, to enable the use of seawater, brackish \n                groundwater, treated wastewater, and other impaired \n                sources;\n                    (B) into new sources of water through more cost-\n                effective water treatment practices in recycling and \n                desalination; and\n                    (C) to improve technologies for use in--\n                            (i) managing and minimizing the volume of \n                        desalination and reuse concentrate streams; and\n                            (ii) minimizing the environmental impacts \n                        of seawater intake at desalination facilities;\n            (6) energy efficiency and greenhouse gas minimization, \n        including research--\n                    (A) on optimizing the energy efficiency of water \n                supply and improving water efficiency in energy \n                production; and\n                    (B) to identify and develop renewable, carbon-\n                neutral energy options for the water supply industry;\n            (7) regional and hydrological basin cooperative water \n        management solutions, including research into--\n                    (A) institutional mechanisms for greater regional \n                cooperation and use of water exchanges, banking, and \n                transfers; and\n                    (B) the economic benefits of sharing risks of \n                shortage across wider areas;\n            (8) utility management, decision support systems, and water \n        management models, including research--\n                    (A) into improved decision support systems and \n                modeling tools for use by water utility managers to \n                assist with increased water supply uncertainty and \n                adaptation strategies posed by climate change;\n                    (B) to provide financial tools, including new rate \n                structures, to manage financial resources and \n                investments, because increased conservation practices \n                may diminish revenue and increase investments in \n                infrastructure; and\n                    (C) to develop improved systems and models for use \n                in evaluating--\n                            (i) successful alternative methods for \n                        conservation and demand management; and\n                            (ii) climate change impacts on groundwater \n                        resources;\n            (9) reducing greenhouse gas emissions and energy demand \n        management, including research to improve energy efficiency in \n        water collection, production, transmission, treatment, \n        distribution, and disposal to provide more sustainability and \n        means to assist drinking water utilities in reducing the \n        production of greenhouse gas emissions in the collection, \n        production, transmission, treatment, distribution, and disposal \n        of drinking water;\n            (10) water conservation and demand management, including \n        research--\n                    (A) to develop strategic approaches to water demand \n                management that offer the lowest-cost, \n                noninfrastructural options to serve growing populations \n                or manage declining supplies, primarily through--\n                            (i) efficiencies in water use and \n                        reallocation of the saved water;\n                            (ii) demand management tools;\n                            (iii) economic incentives; and\n                            (iv) water-saving technologies; and\n                    (B) into efficiencies in water management through \n                integrated water resource management that \n                incorporates--\n                            (i) supply-side and demand-side processes;\n                            (ii) continuous adaptive management; and\n                            (iii) the inclusion of stakeholders in \n                        decisionmaking processes; and\n            (11) communications, education, and public acceptance, \n        including research--\n                    (A) into improved strategies and approaches for \n                communicating with customers, decisionmakers, and other \n                stakeholders about the implications of climate change \n                on water supply; and\n                    (B) to develop effective communication approaches \n                to gain--\n                            (i) public acceptance of alternative water \n                        supplies and new policies and practices, \n                        including conservation and demand management; \n                        and\n                            (ii) public recognition and acceptance of \n                        increased costs.\n    (c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $25,000,000 for each of fiscal \nyears 2009 through 2019.","title":""}
+{"_id":"c124","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Coal Cleanup Taxpayer Protection \nAct''.\n\nSEC. 2. SURFACE COAL MINING BONDING.\n\n    Section 509 of the Surface Mining Control and Reclamation Act of \n1977 (30 U.S.C. 1259) is amended--\n            (1) by striking subsection (c) and inserting the following:\n    ``(c) Alternative Bonding System.--The Secretary may approve as \npart of a State or Federal program an alternative system that will--\n            ``(1) achieve the objectives and purposes of the bonding \n        program pursuant to this section; and\n            ``(2) result in no greater risk of financial liability to \n        the Federal Government or a State government than the bonding \n        program under this section.''; and\n            (2) by adding at the end the following:\n    ``(f) Self-Bonding.--\n            ``(1) Federal programs.--\n                    ``(A) In general.--Effective on the date of \n                enactment of this subsection, the Secretary--\n                            ``(i) may not accept the bond of the \n                        applicant itself (referred to in this \n                        subsection as a `self-bond'); but\n                            ``(ii) may accept a separate surety or \n                        collateral bond, consistent with the terms \n                        under subsection (b).\n                    ``(B) Existing self-bonds.--For coal mining \n                operations covered by a self-bond accepted by the \n                Secretary prior to the date of enactment of this \n                subsection, the permittee shall replace the self-bond \n                with another form of bond acceptable to the Secretary \n                under this section by not later than the earlier of--\n                            ``(i) the date of renewal of the permit \n                        under section 506(d); and\n                            ``(ii) the date of any major permit \n                        modification under section 506.\n            ``(2) State programs.--\n                    ``(A) In general.--Not later than 90 days after the \n                date of enactment of this subsection, the Secretary \n                shall notify all State regulatory authorities that \n                allow applicants to self-bond that the approved \n                regulatory programs of the State regulatory authority \n                must be amended--\n                            ``(i) to remove the authority for \n                        applicants to self-bond; and\n                            ``(ii) to require coal mining operations \n                        covered by a self-bond accepted by the State \n                        regulatory authority prior to the date of \n                        enactment of this subsection to replace the \n                        self-bond with another form of bond acceptable \n                        under this section by not later than the \n                        earlier of--\n                                    ``(I) the date of renewal of the \n                                permit under section 506(d); and\n                                    ``(II) the date of any major permit \n                                modification under section 506.\n    ``(g) Bonds Issued by Surety.--\n            ``(1) In general.--Not later than 1 year after the date of \n        enactment of this subsection, the Secretary shall issue rules \n        establishing limitations on surety bonds accepted under this \n        section to minimize the risk of financial liability to the \n        Federal Government or a State government, including rules \n        regarding--\n                    ``(A) the maximum quantity of corporate surety \n                bonds issued by any 1 corporate surety as a percentage \n                of the total quantity of coal mine reclamation bonds in \n                any 1 State;\n                    ``(B) the minimum percentage of surety bonds \n                unrelated to activities regulated pursuant to this Act \n                required to reinsure corporate surety bonds;\n                    ``(C) the minimum collateralization required for \n                corporate surety bonds; and\n                    ``(D) the minimum amount of cash assets required to \n                be held by a corporate surety as a percentage of coal \n                mine reclamation bonds issued by the corporate surety.\n            ``(2) Existing corporate bonds.--Corporate surety bonds in \n        existence on the date of enactment of this subsection must be \n        modified or replaced as necessary by not later than 1 year \n        after the date on which the rule is issued under paragraph (1).\n    ``(h) Collateral Requirements.--Real property posted as collateral \nfor a bond may not include--\n            ``(1) coal;\n            ``(2) a coal mine;\n            ``(3) land that includes a coal mine;\n            ``(4) land that is located above a coal mine;\n            ``(5) a coal processing facility;\n            ``(6) a coal waste disposal site;\n            ``(7) coal mining equipment unlikely to retain salvage or \n        resale value; or\n            ``(8) any other property determined by the Secretary.\n    ``(i) Executive Compensation.--The Secretary may require the \ninclusion of executive compensation, including salaries and bonuses of \nofficers and executives, of an applicant under this section, and any \naffiliated company, as collateral for a bond under this section.''.","title":""}
+{"_id":"c125","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Combat Veterans Back to Work Act of \n2011''.\n\nSEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING COMBAT VETERANS.\n\n    (a) In General.--Section 3111 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n    ``(e) Special Exemption for Certain Individuals Hired in 2011 and \n2012.--\n            ``(1) In general.--Subsection (a) shall not apply to wages \n        paid by a qualified employer with respect to employment during \n        the period beginning on the day after the date of the enactment \n        of this subsection and ending on December 31, 2012, of any \n        qualified individual for services performed--\n                    ``(A) in a trade or business of such qualified \n                employer, or\n                    ``(B) in the case of a qualified employer exempt \n                from tax under section 501(a), in furtherance of the \n                activities related to the purpose or function \n                constituting the basis of the employer's exemption \n                under section 501.\n            ``(2) Qualified employer.--For purposes of this \n        subsection--\n                    ``(A) In general.--The term `qualified employer' \n                means any employer other than the United States, any \n                State, or any political subdivision thereof, or any \n                instrumentality of the foregoing.\n                    ``(B) Treatment of employees of post-secondary \n                educational institutions.--Notwithstanding subparagraph \n                (A), the term `qualified employer' includes any \n                employer which is a public institution of higher \n                education (as defined in section 101(b) of the Higher \n                Education Act of 1965).\n            ``(3) Qualified individual.--For purposes of this \n        subsection, the term `qualified individual' means any \n        individual who--\n                    ``(A) begins employment with a qualified employer \n                after June 30, 2011, and before January 1, 2013,\n                    ``(B) is a current member of the National Guard or \n                other reserve component of the Armed Forces or a \n                veteran (as defined in section 101 of title 38, United \n                States Code),\n                    ``(C) within 18 months before beginning such \n                employment, returned from a deployment of at least 180 \n                days in support of a contingency operation (as defined \n                in section 101 of title 10, United States Code) or \n                under section 502(f) of title 32, United States Code,\n                    ``(D) is not employed by the qualified employer to \n                replace another employee of such employer unless such \n                other employee separated from employment voluntarily or \n                for cause, and\n                    ``(E) is not an individual described in section \n                51(i)(1) (applied by substituting `qualified employer' \n                for `taxpayer' each place it appears).\n            ``(4) Election.--A qualified employer may elect to have \n        this subsection not apply. Such election shall be made in such \n        manner as the Secretary may require.''.\n    (b) Coordination With Work Opportunity Credit.--Section 51(c) of \nsuch Code is amended by adding at the end the following new paragraph:\n            ``(6) Coordination with payroll tax forgiveness.--The term \n        `wages' shall not include any amount paid or incurred to a \n        qualified individual (as defined in section 3111(e)(3)) during \n        the 1-year period beginning on the hiring date of such \n        individual by a qualified employer (as defined in section \n        3111(e)) unless such qualified employer makes an election not \n        to have section 3111(e) apply.''.\n    (c) Transfers to Federal Old-Age and Survivors Insurance Trust \nFund.--There are hereby appropriated to the Federal Old-Age and \nSurvivors Trust Fund and the Federal Disability Insurance Trust Fund \nestablished under section 201 of the Social Security Act (42 U.S.C. \n401) amounts equal to the reduction in revenues to the Treasury by \nreason of the amendments made by subsection (a). Amounts appropriated \nby the preceding sentence shall be transferred from the general fund at \nsuch times and in such manner as to replicate to the extent possible \nthe transfers which would have occurred to such Trust Fund had such \namendments not been enacted.\n    (d) Application to Railroad Retirement Taxes.--\n            (1) In general.--Section 3221 of the Internal Revenue Code \n        of 1986 is amended by redesignating subsection (d) as \n        subsection (e) and by inserting after subsection (c) the \n        following new subsection:\n    ``(d) Special Rate for Certain Individuals Hired in 2011 and \n2012.--\n            ``(1) In general.--In the case of compensation paid by a \n        qualified employer during the period beginning on the day after \n        the date of the enactment of this subsection and ending on \n        December 31, 2012, with respect to having a qualified \n        individual in the employer's employ for services rendered to \n        such qualified employer, the applicable percentage under \n        subsection (a) shall be equal to the rate of tax in effect \n        under section 3111(b) for the calendar year.\n            ``(2) Qualified employer.--The term `qualified employer' \n        means any employer other than the United States, any State, or \n        any political subdivision thereof, or any instrumentality of \n        the foregoing.\n            ``(3) Qualified individual.--For purposes of this \n        subsection, the term `qualified individual' means any \n        individual who--\n                    ``(A) begins employment with a qualified employer \n                after June 30, 2011, and before January 1, 2013,\n                    ``(B) is a current member of the National Guard or \n                other reserve component of the Armed Forces or a \n                veteran (as defined in section 101 of title 38, United \n                States Code),\n                    ``(C) within 18 months before beginning such \n                employment, returned from a deployment of at least 180 \n                days in support of a contingency operation (as defined \n                in section 101 of title 10, United States Code) or \n                under section 502(f) of title 32, United States Code,\n                    ``(D) is not employed by the qualified employer to \n                replace another employee of such employer unless such \n                other employee separated from employment voluntarily or \n                for cause, and\n                    ``(E) is not an individual described in section \n                51(i)(1) (applied by substituting `qualified employer' \n                for `taxpayer' each place it appears).\n            ``(4) Election.--A qualified employer may elect to have \n        this subsection not apply. Such election shall be made in such \n        manner as the Secretary may require.''.\n            (2) Transfers to social security equivalent benefit \n        account.--There are hereby appropriated to the Social Security \n        Equivalent Benefit Account established under section 15A(a) of \n        the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) \n        amounts equal to the reduction in revenues to the Treasury by \n        reason of the amendments made by paragraph (1). Amounts \n        appropriated by the preceding sentence shall be transferred \n        from the general fund at such times and in such manner as to \n        replicate to the extent possible the transfers which would have \n        occurred to such Account had such amendments not been enacted.\n    (e) Effective Date.--\n            (1) In general.--The amendments made by this section shall \n        apply to wages paid after the date of the enactment of this \n        Act.\n            (2) Railroad retirement taxes.--The amendments made by \n        subsection (d) shall apply to compensation paid after the date \n        of the enactment of this Act.\n\nSEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED VETERANS.\n\n    (a) In General.--In the case of any taxable year ending after the \ndate of the enactment of this Act, the current year business credit \ndetermined under section 38(b) of the Internal Revenue Code of 1986 for \nsuch taxable year shall be increased by an amount equal to the product \nof--\n            (1) $1,000, and\n            (2) the number of retained workers with respect to which \n        subsection (b)(2) is first satisfied during such taxable year.\n    (b) Retained Worker.--For purposes of this section, the term \n``retained worker'' means any qualified individual (as defined in \nsection 3111(e)(3) of the Internal Revenue Code of 1986)--\n            (1) who was employed by the taxpayer on any date during the \n        taxable year,\n            (2) who was so employed by the taxpayer for a period of not \n        less than 52 consecutive weeks, and\n            (3) whose wages for such employment during the last 26 \n        weeks of such period equaled at least 80 percent of such wages \n        for the first 26 weeks of such period.\n    (c) Limitation on Carrybacks.--No portion of the unused business \ncredit under section 38 of the Internal Revenue Code of 1986 for any \ntaxable year which is attributable to the increase in the current year \nbusiness credit under this section may be carried to a taxable year \nbeginning before the date of the enactment of this section.\n    (d) Treatment of Possessions.--\n            (1) Payments to possessions.--\n                    (A) Mirror code possessions.--The Secretary of the \n                Treasury shall pay to each possession of the United \n                States with a mirror code tax system amounts equal to \n                the loss to that possession by reason of the \n                application of this section (other than this \n                subsection). Such amounts shall be determined by the \n                Secretary of the Treasury based on information provided \n                by the government of the respective possession.\n                    (B) Other possessions.--The Secretary of the \n                Treasury shall pay to each possession of the United \n                States which does not have a mirror code tax system \n                amounts estimated by the Secretary of the Treasury as \n                being equal to the aggregate benefits that would have \n                been provided to residents of such possession by reason \n                of the application of this section (other than this \n                subsection) if a mirror code tax system had been in \n                effect in such possession. The preceding sentence shall \n                not apply with respect to any possession of the United \n                States unless such possession has a plan, which has \n                been approved by the Secretary of the Treasury, under \n                which such possession will promptly distribute such \n                payments to the residents of such possession.\n            (2) Coordination with credit allowed against united states \n        income taxes.--No increase in the credit determined under \n        section 38(b) of the Internal Revenue Code of 1986 against \n        United States income taxes for any taxable year determined \n        under subsection (a) shall be taken into account with respect \n        to any person--\n                    (A) to whom a credit is allowed against taxes \n                imposed by the possession by reason of this section for \n                such taxable year, or\n                    (B) who is eligible for a payment under a plan \n                described in paragraph (1)(B) with respect to such \n                taxable year.\n            (3) Definitions and special rules.--\n                    (A) Possession of the united states.--For purposes \n                of this subsection, the term ``possession of the United \n                States'' includes the Commonwealth of Puerto Rico and \n                the Commonwealth of the Northern Mariana Islands.\n                    (B) Mirror code tax system.--For purposes of this \n                subsection, the term ``mirror code tax system'' means, \n                with respect to any possession of the United States, \n                the income tax system of such possession if the income \n                tax liability of the residents of such possession under \n                such system is determined by reference to the income \n                tax laws of the United States as if such possession \n                were the United States.\n                    (C) Treatment of payments.--For purposes of section \n                1324(b)(2) of title 31, United States Code, rules \n                similar to the rules of section 1001(b)(3)(C) of the \n                American Recovery and Reinvestment Tax Act of 2009 \n                shall apply.","title":""}
+{"_id":"c126","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Commission on Effective Regulation \nand Assessment Systems for Public Schools Act''.\n\nSEC. 2. COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR \n              PUBLIC SCHOOLS.\n\n    (a) In General.--The Elementary and Secondary Education Act of 1965 \n(20 U.S.C. 6301 et seq.) is amended by adding at the end the following:\n\n ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS \n                           FOR PUBLIC SCHOOLS\n\n``SEC. 10001. DEFINITIONS.\n\n    ``In this title:\n            ``(1) Chairperson.--The term `Chairperson' means the \n        Chairperson of the Commission.\n            ``(2) Commission.--The term `Commission' means the \n        Commission on Effective Regulation and Assessment Systems for \n        Public Schools.\n            ``(3) Relevant committees.--The term `relevant committees' \n        means the Committee on Health, Education, Labor, and Pensions \n        of the Senate and the Committee on Education and the Workforce \n        of the House of Representatives.\n\n``SEC. 10002. ESTABLISHMENT OF COMMISSION ON EFFECTIVE REGULATION AND \n              ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS.\n\n    ``(a) In General.--Not later than 30 days after the date of \nenactment of the Commission on Effective Regulation and Assessment \nSystems for Public Schools Act, the Secretary shall establish a \ncommission to be known as the `Commission on Effective Regulation and \nAssessment Systems for Public Schools'.\n    ``(b) Purpose.--The Commission shall--\n            ``(1) examine Federal, State, and local regulatory \n        requirements on elementary and secondary education;\n            ``(2) make recommendations on how to align and improve such \n        Federal, State, and local requirements to improve performance \n        and innovation;\n            ``(3) examine the quality and purpose of current Federal, \n        State, and local assessment requirements; and\n            ``(4) make recommendations to improve and align assessment \n        systems to provide quality and meaningful information for \n        parents, teachers, and students to improve student achievement, \n        teacher performance, and innovation.\n    ``(c) Membership.--\n            ``(1) Composition.--The Commission shall be composed of--\n                    ``(A) 4 Governors;\n                    ``(B) 6 State legislators;\n                    ``(C) 2 Chief State school officers;\n                    ``(D) 2 State officials responsible for \n                administering Federal education programs;\n                    ``(E) 4 superintendents;\n                    ``(F) 2 principals;\n                    ``(G) 2 teachers;\n                    ``(H) 2 assessment experts; and\n                    ``(I) 2 teacher and principal effectiveness \n                experts.\n            ``(2) Recommendations.--The Secretary shall solicit input \n        and nominations for appointing members of the Commission from--\n                    ``(A) Governors;\n                    ``(B) members of Congress;\n                    ``(C) State legislators;\n                    ``(D) superintendents, principals, teachers, and \n                other members of the education community; and\n                    ``(E) parents, students, and other members of the \n                general public.\n            ``(3) Determination.--The Secretary shall determine the \n        membership of the Commission after considering recommendations \n        submitted under paragraph (2).\n    ``(d) Chairperson.--The Secretary shall designate a Governor as the \nChairperson of the Commission.\n    ``(e) Meetings.--The Commission shall hold, at the call of the \nChairperson, at least 1 meeting every 6 months. All such meetings shall \nbe open to the public. The Commission may hold, at the call of the \nChairperson, such other meetings as the Chairperson sees fit to carry \nout this title.\n    ``(f) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum, but a lesser number of members may hold hearings.\n    ``(g) Initial Meeting.--The Commission shall hold its first meeting \nnot later than 60 days after the date of enactment of the Commission on \nEffective Regulation and Assessment Systems for Public Schools Act.\n\n``SEC. 10003. POWERS OF THE COMMISSION.\n\n    ``(a) Hearings.--\n            ``(1) In general.--The Commission shall hold such hearings, \n        sit and act at such times and places, take such testimony, and \n        receive such evidence as the Commission determines appropriate \n        to carry out this title.\n            ``(2) Participation.--In hearings held under this \n        subsection, the Commission shall consider inviting witnesses \n        from, among other groups--\n                    ``(A) teachers;\n                    ``(B) parents;\n                    ``(C) principals;\n                    ``(D) superintendents;\n                    ``(E) Federal, State, and local educational agency \n                personnel;\n                    ``(F) researchers and other experts; and\n                    ``(G) any other individuals determined appropriate \n                by the Commission.\n    ``(b) Information From Federal Agencies.--The Commission may secure \ndirectly from any Federal department or agency such information as the \nCommission considers necessary to carry out this title. Upon request of \nthe Chairperson, the head of such department or agency shall furnish \nsuch information to the Commission.\n\n``SEC. 10004. DUTIES OF THE COMMISSION.\n\n    ``(a) Duties.--\n            ``(1) In general.--The Commission shall take such actions \n        as it determines necessary to gain a full understanding of the \n        issues of effective regulation and assessment systems for \n        public schools.\n            ``(2) Areas of emphasis.--The Commission shall focus--\n                    ``(A) in examining the over-regulation of public \n                schools, on--\n                            ``(i) examining Federal, State and local \n                        regulations governing public schools;\n                            ``(ii) differentiating between financial, \n                        programmatic, general education, special \n                        education, and civil rights requirements;\n                            ``(iii) identifying which government entity \n                        requires each regulation;\n                            ``(iv) measuring the cost of compliance in \n                        terms of funds spent on compliance and time in \n                        hours and personnel;\n                            ``(v) identifying duplicative, redundant, \n                        or unnecessary regulations at each governmental \n                        level; and\n                            ``(vi) investigating how Federal, State, \n                        and local interpretations of laws and \n                        regulations create additional or unnecessary \n                        burden and are used as rationale for imposing \n                        requirements that are not actually mandated by \n                        law; and\n                    ``(B) in examining the effective testing of public \n                schools, on--\n                            ``(i) examining Federal, State, and local \n                        testing and standardized assessment \n                        requirements for public elementary schools, \n                        middle schools, and high schools;\n                            ``(ii) determining the purpose and intent \n                        of each such test or assessment, including \n                        whether it is intended to measure student \n                        achievement and growth, teacher and principal \n                        effectiveness, or system accountability;\n                            ``(iii) determining the frequency, length, \n                        and scheduling of such tests and assessments, \n                        and measuring, in hours and days, the student \n                        and teacher time spent on testing;\n                            ``(iv) examining standardized assessments \n                        required by Federal, State, or local \n                        requirements, excluding teacher-created tests \n                        and quizzes and formative assessments;\n                            ``(v) reporting on the quality of \n                        standardized assessments;\n                            ``(vi) examining reporting practices of \n                        test results and the degree to which they are \n                        returned in a timely manner with sufficient \n                        quality to be useful to parents, teachers and \n                        principals, and students to inform and improve \n                        their work, including targeting instruction to \n                        student needs, grading student work, and \n                        evaluating teacher and principal effectiveness;\n                            ``(vii) analyzing the ability of quality \n                        assessments to measure whether a student is \n                        prepared to graduate from high school and \n                        pursue college or a career without the need for \n                        academic remediation;\n                            ``(viii) examining what factors most \n                        contribute to quality assessments and the \n                        extent to which high-quality assessments can \n                        advance student learning;\n                            ``(ix) determining the technology \n                        infrastructure required for next generation \n                        assessments; and\n                            ``(x) identifying opportunities to improve \n                        assessment practices to better promote parent, \n                        teacher and principal, and student \n                        understanding of progress toward college and \n                        career readiness and public understanding of \n                        school performance and educational \n                        productivity.\n            ``(3) Samples.--In conducting its work under this title, \n        the Commission may rely on samples of States and local school \n        districts for examples of regulations and testing requirements.\n    ``(b) Reports.--\n            ``(1) In general.--Subject to paragraph (2), the Commission \n        shall provide regular reports in a manner and form of the \n        Commission's choosing to--\n                    ``(A) the Secretary; and\n                    ``(B) the members of the relevant committees.\n            ``(2) Annual report.--Not later than 1 year after the date \n        of the first meeting of the Commission, and annually \n        thereafter, the Commission shall issue a report to--\n                    ``(A) the Secretary; and\n                    ``(B) the members of the relevant committees.\n            ``(3) Public report.--The Commission shall--\n                    ``(A) prepare a report--\n                            ``(i) analyzing findings of the Commission; \n                        and\n                            ``(ii) making recommendations for Federal, \n                        State, and local policy makers; and\n                    ``(B) broadly disseminate such report to the \n                general public.\n    ``(c) Testimony.--The Chairperson shall annually provide testimony \nto the relevant committees.\n\n``SEC. 10005. COMMISSION PERSONNEL MATTERS.\n\n    ``(a) Compensation of Members.--Each member of the Commission shall \nserve without compensation in addition to any such compensation \nreceived for the member's service as an officer or employee of the \nUnited States, if applicable.\n    ``(b) Travel Expenses.--The members of the Commission shall be \nallowed travel expenses, including per diem in lieu of subsistence, at \nrates authorized for employees of agencies under subchapter 1 of \nchapter 57 of title 5, United States Code, while away from their homes \nor regular places of business in the performance of services for the \nCommission.\n    ``(c) Assistance.--\n            ``(1) In general.--The Assistant Secretary of Elementary \n        and Secondary Education shall provide assistance to the \n        Commission, upon request of the Commission, without \n        reimbursement.\n            ``(2) Detail of government employees.--Any Federal \n        Government employee may be detailed to the Commission without \n        reimbursement, and such detail shall be without interruption or \n        loss of civil service status or privilege.''.\n    (b) Table of Contents.--The table of contents in section 2 of the \nElementary and Secondary Education Act of 1965 is amended by adding at \nthe end the following:\n\n ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS \n                           FOR PUBLIC SCHOOLS\n\n``Sec. 10001. Definitions.\n``Sec. 10002. Establishment of Commission on Effective Regulation and \n                            Assessment Systems for Public Schools.\n``Sec. 10003. Powers of the Commission.\n``Sec. 10004. Duties of the Commission.\n``Sec. 10005. Commission personnel matters.''.","title":""}
+{"_id":"c127","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Commission on Homeland Security \nAct''.\n\nSEC. 2. ESTABLISHMENT.\n\n    There is established the ``Commission on Homeland Security'' (in \nthis Act referred to as the ``Commission'').\n\nSEC. 3. DUTY OF COMMISSION.\n\n    The Commission shall study procedures to protect the security of \nthe United States, including, but not limited to--\n            (1) the efficiency and effectiveness with which Federal \n        departments and agencies perform their security missions;\n            (2) the adequacy of Federal personnel resources to perform \n        security missions;\n            (3) the adequacy and effectiveness of Federal controls over \n        financial and information systems;\n            (4) the accuracy, reliability, and security of personal \n        identification information and systems used by the Federal \n        Government under existing law;\n            (5) how effectively Federal departments and agencies are \n        organized to perform security missions; and\n            (6) the effectiveness of relationships among, and \n        activities of, the Federal Government, the States, and \n        municipalities to protect security.\n\nSEC. 4. MEMBERSHIP.\n\n    (a) Number and Appointment.--The Commission shall be composed of 21 \nmembers appointed as follows:\n            (1) Five members appointed by the President, one of whom \n        shall be the Assistant to the President for Homeland Security.\n            (2) Four members appointed by the Speaker of the House of \n        Representatives.\n            (3) Four members appointed by the minority leader of the \n        House of Representatives.\n            (4) Four members appointed by the majority leader of the \n        Senate.\n            (5) Four members appointed by the minority leader of the \n        Senate.\n    (b) Qualifications.--Members of the Commission shall include \nindividuals with expertise in information technology and security, \ncivil liberties issues, and law enforcement issues.\n    (c) Deadline for Appointment.--Members shall be appointed not later \nthan 60 days after the date of the enactment of this Act.\n    (d) Terms.--Each member shall be appointed for the life of the \nCommission.\n    (e) Pay.--Members shall serve without pay, but each member shall \nreceive travel expenses, including per diem in lieu of subsistence, in \naccordance with applicable provisions under subchapter I of chapter 57 \nof title 5, United States Code.\n    (f) Chairperson.--The Assistant to the President for Homeland \nSecurity shall be the Chairperson of the Commission.\n\nSEC. 5. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND \n              CONSULTANTS.\n\n    (a) Executive Director.--The Commission shall have an Executive \nDirector who shall be appointed by the Commission. The Executive \nDirector shall be paid at the rate of basic pay for level IV of the \nExecutive Schedule.\n    (b) Staff.--The Commission may appoint and fix the pay of \nadditional personnel as it considers appropriate.\n    (c) Applicability of Certain Civil Service Laws.--The Executive \nDirector and staff of the Commission may be appointed without regard to \nthe provisions of title 5, United States Code, governing appointments \nin the competitive service, and may be paid without regard to the \nprovisions of chapter 51 and subchapter III of chapter 53 of that title \nrelating to classification and General Schedule pay rates, except that \nan individual so appointed may not receive pay in excess of the annual \nrate of basic pay for GS-15 of the General Schedule.\n    (d) Experts and Consultants.--The Commission may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code.\n    (e) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any Federal department or agency may detail, on a reimbursable \nbasis, any of the personnel of that department or agency to the \nCommission to assist it in carrying out its duties under this Act.\n\nSEC. 6. HEARINGS AND SESSIONS.\n\n    The Commission may, for the purpose of carrying out this Act, hold \nhearings, sit and act at times and places, take testimony, and receive \nevidence as the Commission considers appropriate. The Commission shall \nhold a minimum of eight hearings, including hearings in California, New \nYork, Texas, Illinois, and Florida.\n\nSEC. 7. ADDITIONAL POWERS OF COMMISSION.\n\n    (a) Powers of Members and Agents.--Any member or agent of the \nCommission may, if authorized by the Commission, take any action that \nthe Commission is authorized to take by this section.\n    (b) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information \nnecessary to enable it to carry out this Act. Upon request of the \nChairperson of the Commission, the head of that department or agency \nshall furnish that information to the Commission.\n    (c) Gifts, Bequests, and Devises.--The Commission may accept, use, \nand dispose of gifts, bequests, or devises of services or property, \nboth real and personal, for the purpose of aiding or facilitating the \nwork of the Commission. Gifts, bequests, or devises of money and \nproceeds from sales of other property received as gifts, bequests, or \ndevises shall be deposited in the Treasury and shall be available for \ndisbursement upon order of the Commission.\n    (d) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n    (e) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n    (f) Subpoena Power.--\n            (1) In general.--The Commission may issue subpoenas \n        requiring the attendance and testimony of witnesses and the \n        production of any evidence relating to any matter under \n        investigation by the Commission. The attendance of witnesses \n        and the production of evidence may be required from any place \n        within the United States at any designated place of hearing \n        within the United States.\n            (2) Failure to obey a subpoena.--If a person refuses to \n        obey a subpoena issued under paragraph (1), the Commission may \n        apply to a United States district court for an order requiring \n        that person to appear before the Commission to give testimony, \n        produce evidence, or both, relating to the matter under \n        investigation. The application may be made within the judicial \n        district where the hearing is conducted or where that person is \n        found, resides, or transacts business. Any failure to obey the \n        order of the court may be punished by the court as civil \n        contempt.\n            (3) Service of subpoenas.--The subpoenas of the Commission \n        shall be served in the manner provided for subpoenas issued by \n        a United States district court under the Federal Rules of Civil \n        Procedure for the United States district courts.\n            (4) Service of process.--All process of any court to which \n        application is made under paragraph (2) may be served in the \n        judicial district in which the person required to be served \n        resides or may be found.\n    (g) Immunity.--The Commission is an agency of the United States for \nthe purpose of part V of title 18, United States Code (relating to \nimmunity of witnesses). Except as provided in this subsection, a person \nmay not be excused from testifying or from producing evidence pursuant \nto a subpoena on the ground that the testimony or evidence required by \nthe subpoena may tend to incriminate or subject that person to criminal \nprosecution. A person, after having claimed the privilege against self-\nincrimination, may not be criminally prosecuted by reason of any \ntransaction, matter, or thing which that person is compelled to testify \nabout or produce evidence relating to, except that the person may be \nprosecuted for perjury committed during the testimony or made in the \nevidence.\n\nSEC. 8. REPORT.\n\n    The Commission shall transmit a report to the President and \nCongress not later than 14 months after the date of the enactment of \nthis Act containing a detailed statement of the findings and \nconclusions of the Commission, together with recommendations for \nlegislation and administrative actions that the Commission considers \nappropriate.\n\nSEC. 9. TERMINATION.\n\n    The Commission shall terminate 30 days after submitting its final \nreport pursuant to section 8.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act.","title":""}
+{"_id":"c128","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Commission on Probabilistic Methods \nAct''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds that--\n            (1) probabilistic methods have wide applicability in \n        improving process efficiency and eliminating overdesign in \n        government programs and purchases;\n            (2) the integration of probabilistic methods into business \n        practices has contributed significantly to the success of \n        industry quality programs and has saved billions of dollars for \n        companies;\n            (3) Federal use of probabilistic methods is less advanced \n        than it is in industry;\n            (4) probabilistic methods hold out the promise of better \n        understanding of safety and environmental risks, and if \n        properly applied can lead to more business-friendly \n        regulations;\n            (5) if made an integral part of federally funded design \n        efforts, probabilistic methods could lead to a better \n        understanding of the specifications a product must meet and \n        reduce overdesign and associated costs; and\n            (6) appropriate use of probabilistic methods within the \n        programs of the Department of Transportation could lead through \n        quantification of uncertainties to more reliable, less costly \n        components of our transportation system, including roads, \n        bridges, and automotive, aerospace, and mass transit systems, \n        and could also benefit the programs of other Federal agencies \n        such as the Department of Defense, the Department of Commerce, \n        and the National Institutes of Health.\n\nSEC. 3. ESTABLISHMENT.\n\n    The Administrator of the Research and Special Programs \nAdministration of the Department of Transportation (in this Act \nreferred to as the ``Administrator'') shall establish a commission to \nbe known as the ``Commission on Probabilistic Methods'' (in this Act \nreferred to as the ``Commission'').\n\nSEC. 4. DUTIES OF COMMISSION.\n\n    The Commission shall--\n            (1) identify where and how probabilistic methods can help \n        the Department of Transportation;\n            (2) assess the extent to which probabilistic methods can \n        help the Department of Transportation maximize return on \n        investment and increase public safety;\n            (3) evaluate the state of probabilistic methods technology;\n            (4) identify the probabilistic techniques that are ready \n        for practical use and recommend guidelines that can help a user \n        decide what technique to use;\n            (5) establish models for quantifying uncertainties in major \n        Department of Transportation programs that affect cost, \n        operation, and performance;\n            (6) identify key technology areas that must be further \n        developed;\n            (7) recommend guidelines for implementation of \n        probabilistic technology;\n            (8) recommend how to set reliability levels that can ensure \n        public safety and be achievable by industry;\n            (9) recommend probabilistic-based guidelines for safety \n        tests;\n            (10) recommend guidelines for creating required database;\n            (11) determine appropriate means of expediting technology \n        transfer and ensuring that the principles of probabilistic \n        methods are used appropriately in decisions involving funds \n        under the control of the Department of Transportation;\n            (12) identify legal and cultural barriers to the effective \n        use of probabilistic methods at the Department of \n        Transportation;\n            (13) make recommendations for the use of probabilistic \n        methods in Department of Transportation programs;\n            (14) make recommendations for institutionalizing \n        probabilistic methods values at the Department of \n        Transportation after the termination of the Commission; and\n            (15) recommend pilot projects for evaluation of \n        probabilistic methods technology.\n\nSEC. 5. MEMBERSHIP.\n\n    (a) Number and Appointment.--The Commission shall be composed of 19 \nmembers as follows:\n            (1) A chairperson, who shall be a representative of an \n        engineering society with experience in probabilistic methods, \n        such as the Society of Automotive Engineers.\n            (2) Four members from the higher education community.\n            (3) Four members from various levels of government.\n            (4) Four members from industry.\n            (5) One member representing labor.\n            (6) One member representing the environmental community.\n            (7) One member representing the public interest.\n            (8) A representative of the Department of Defense, \n        appointed by the Secretary of Defense.\n            (9) A representative of the Department of Commerce, \n        appointed by the Secretary of Commerce.\n            (10) A representative of the National Institutes of Health, \n        appointed by the Director of the National Institutes of Health.\nThe members described in paragraphs (1) through (7) shall be appointed \nby the Administrator.\n    (b) Terms.--\n            (1) In general.--Each member shall be appointed for the \n        life of the Commission.\n            (2) Vacancies.--A vacancy in the Commission shall be filled \n        in the manner in which the original appointment was made.\n    (c) Basic Pay.--Members shall serve without pay.\n    (d) Travel Expenses.--Each member shall receive travel expenses, \nincluding per diem in lieu of subsistence, in accordance with sections \n5702 and 5703 of title 5, United States Code.\n    (e) Quorum.--10 members of the Commission shall constitute a quorum \nbut a lesser number may hold hearings.\n    (f) Initial Meeting.--The initial meeting of the Commission shall \noccur within 180 days after the date of the enactment of this Act.\n    (g) Agenda.--Within 6 months after its initial meeting under \nsubsection (f), the Commission shall transmit to the Administrator a \nwritten agenda for its activities.\n\nSEC. 6. ADMINISTRATIVE SUPPORT.\n\n    (a) In General.--The Department of Transportation shall provide the \nCommission with such administrative support as it shall require to \ncarry out its duties.\n    (b) Experts and Consultants.--The Commission may procure temporary \nand intermittent services under section 3109(b) of title 5, United \nStates Code.\n    (c) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information \nnecessary to enable it to carry out this Act. Upon request of the \nChairperson of the Commission, the head of that department or agency \nshall furnish that information to the Commission.\n    (d) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n\nSEC. 7. REPORTS.\n\n    (a) Interim Report.--The Commission shall transmit to the \nAdministrator an interim report not later than 2 years after its \ninitial meeting under section 5(f).\n    (b) Final Report.--The Commission shall transmit a final report to \nthe Administrator not later than 36 months after its initial meeting \nunder section 5(f). The final report shall contain a detailed statement \nof the findings, conclusions, and recommendations of the Commission.\n\nSEC. 8. TERMINATION.\n\n    The Commission shall terminate 10 days after submitting its final \nreport pursuant to section 7(b). Section 14(a)(2)(B) of the Federal \nAdvisory Committee Act (5 U.S.C. App.; relating to the termination of \nadvisory committees) shall not apply to the Commission.\n\nSEC. 9. BUDGET ACT COMPLIANCE.\n\n    Any spending authority (as defined in subparagraphs (A) and (C) of \nsection 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. \n651(c)(2)(A) and (C))) authorized by this Act shall be effective only \nto such extent and in such amounts as are provided in appropriation \nActs.","title":""}
+{"_id":"c129","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Commission to Study the Potential \nCreation of a National Women's History Museum Act''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) Commission.--The term ``Commission'' means the \n        Commission to Study the Potential Creation of a National \n        Women's History Museum established by section 3(a).\n            (2) Museum.--The term ``Museum'' means the National Women's \n        History Museum.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n    (a) In General.--There is established the Commission to Study the \nPotential Creation of a National Women's History Museum.\n    (b) Membership.--The Commission shall be composed of 8 members, of \nwhom--\n            (1) 2 members shall be appointed by the majority leader of \n        the Senate;\n            (2) 2 members shall be appointed by the Speaker of the \n        House of Representatives;\n            (3) 2 members shall be appointed by the minority leader of \n        the Senate; and\n            (4) 2 members shall be appointed by the minority leader of \n        the House of Representatives.\n    (c) Qualifications.--Members of the Commission shall be appointed \nto the Commission from among individuals, or representatives of \ninstitutions or entities, who possess--\n            (1)(A) a demonstrated commitment to the research, study, or \n        promotion of women's history, art, political or economic \n        status, or culture; and\n            (B)(i) expertise in museum administration;\n            (ii) expertise in fundraising for nonprofit or cultural \n        institutions;\n            (iii) experience in the study and teaching of women's \n        history;\n            (iv) experience in studying the issue of the representation \n        of women in art, life, history, and culture at the Smithsonian \n        Institution; or\n            (v) extensive experience in public or elected service;\n            (2) experience in the administration of, or the planning \n        for, the establishment of, museums; or\n            (3) experience in the planning, design, or construction of \n        museum facilities.\n    (d) Prohibition.--No employee of the Federal Government may serve \nas a member of the Commission.\n    (e) Deadline for Initial Appointment.--The initial members of the \nCommission shall be appointed not later than the date that is 90 days \nafter the date of enactment of this Act.\n    (f) Vacancies.--A vacancy in the Commission--\n            (1) shall not affect the powers of the Commission; and\n            (2) shall be filled in the same manner as the original \n        appointment was made.\n    (g) Chairperson.--The Commission shall, by majority vote of all of \nthe members, select 1 member of the Commission to serve as the \nChairperson of the Commission.\n\nSEC. 4. DUTIES OF THE COMMISSION.\n\n    (a) Reports.--\n            (1) Plan of action.--The Commission shall submit to the \n        President and Congress a report containing the recommendations \n        of the Commission with respect to a plan of action for the \n        establishment and maintenance of a National Women's History \n        Museum in Washington, DC.\n            (2) Report on issues.--The Commission shall submit to the \n        President and Congress a report that addresses the following \n        issues:\n                    (A) The availability and cost of collections to be \n                acquired and housed in the Museum.\n                    (B) The impact of the Museum on regional women \n                history-related museums.\n                    (C) Potential locations for the Museum in \n                Washington, DC, and its environs.\n                    (D) Whether the Museum should be part of the \n                Smithsonian Institution.\n                    (E) The governance and organizational structure \n                from which the Museum should operate.\n                    (F) Best practices for engaging women in the \n                development and design of the Museum.\n                    (G) The cost of constructing, operating, and \n                maintaining the Museum.\n            (3) Deadline.--The reports required under paragraphs (1) \n        and (2) shall be submitted not later than the date that is 18 \n        months after the date of the first meeting of the Commission.\n    (b) Fundraising Plan.--\n            (1) In general.--The Commission shall develop a fundraising \n        plan to support the establishment, operation, and maintenance \n        of the Museum through contributions from the public.\n            (2) Considerations.--In developing the fundraising plan \n        under paragraph (1), the Commission shall consider--\n                    (A) the role of the National Women's History Museum \n                (a nonprofit, educational organization described in \n                section 501(c)(3) of the Internal Revenue Code of 1986 \n                that was incorporated in 1996 in Washington, DC, and \n                dedicated for the purpose of establishing a women's \n                history museum) in raising funds for the construction \n                of the Museum; and\n                    (B) issues relating to funding the operations and \n                maintenance of the Museum in perpetuity without \n                reliance on appropriations of Federal funds.\n            (3) Independent review.--The Commission shall obtain an \n        independent review of the viability of the plan developed under \n        paragraph (1) and such review shall include an analysis as to \n        whether the plan is likely to achieve the level of resources \n        necessary to fund the construction of the Museum and the \n        operations and maintenance of the Museum in perpetuity without \n        reliance on appropriations of Federal funds.\n            (4) Submission.--The Commission shall submit the plan \n        developed under paragraph (1) and the review conducted under \n        paragraph (3) to the Committees on Transportation and \n        Infrastructure, House Administration, Natural Resources, and \n        Appropriations of the House of Representatives and the \n        Committees on Rules and Administration, Energy and Natural \n        Resources, and Appropriations of the Senate.\n    (c) Legislation To Carry Out Plan of Action.--Based on the \nrecommendations contained in the report submitted under paragraphs (1) \nand (2) of subsection (a), the Commission shall submit for \nconsideration to the Committees on Transportation and Infrastructure, \nHouse Administration, Natural Resources, and Appropriations of the \nHouse of Representatives and the Committees on Rules and \nAdministration, Energy and Natural Resources, and Appropriations of the \nSenate recommendations for a legislative plan of action to establish \nand construct the Museum.\n    (d) National Conference.--Not later than 18 months after the date \non which the initial members of the Commission are appointed under \nsection 3, the Commission may, in carrying out the duties of the \nCommission under this section, convene a national conference relating \nto the Museum, to be comprised of individuals committed to the \nadvancement of the life, art, history, and culture of women.\n\nSEC. 5. DIRECTOR AND STAFF OF COMMISSION.\n\n    (a) Director and Staff.--\n            (1) In general.--The Commission may employ and compensate \n        an executive director and any other additional personnel that \n        are necessary to enable the Commission to perform the duties of \n        the Commission.\n            (2) Rates of pay.--Rates of pay for persons employed under \n        paragraph (1) shall be consistent with the rates of pay allowed \n        for employees of a temporary organization under section 3161 of \n        title 5, United States Code.\n    (b) Not Federal Employment.--Any individual employed under this Act \nshall not be considered a Federal employee for the purpose of any law \ngoverning Federal employment.\n    (c) Technical Assistance.--\n            (1) In general.--Subject to paragraph (2), on request of \n        the Commission, the head of a Federal agency may provide \n        technical assistance to the Commission.\n            (2) Prohibition.--No Federal employees may be detailed to \n        the Commission.\n\nSEC. 6. ADMINISTRATIVE PROVISIONS.\n\n    (a) Compensation.--\n            (1) In general.--A member of the Commission--\n                    (A) shall not be considered to be a Federal \n                employee for any purpose by reason of service on the \n                Commission; and\n                    (B) shall serve without pay.\n            (2) Travel expenses.--A member of the Commission shall be \n        allowed a per diem allowance for travel expenses, at rates \n        consistent with those authorized under subchapter I of chapter \n        57 of title 5, United States Code.\n    (b) Gifts, Bequests, Devises.--The Commission may solicit, accept, \nuse, and dispose of gifts, bequests, or devises of money, services, or \nreal or personal property for the purpose of aiding or facilitating the \nwork of the Commission.\n    (c) Federal Advisory Committee Act.--The Commission shall not be \nsubject to the Federal Advisory Committee Act (5 U.S.C. App.).\n\nSEC. 7. TERMINATION.\n\n    The Commission shall terminate on the date that is 30 days after \nthe date on which the final versions of the reports required under \nsection 4(a) are submitted.\n\nSEC. 8. FUNDING.\n\n    (a) In General.--The Commission shall be solely responsible for \nacceptance of contributions for, and payment of the expenses of, the \nCommission.\n    (b) Prohibition.--No Federal funds may be obligated to carry out \nthis Act.\n\n            Passed the House of Representatives May 7, 2014.\n\n            Attest:\n\n                                                 KAREN L. HAAS,\n\n                                                                 Clerk.","title":""}
+{"_id":"c13","text":"SECTION 1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM.\n\n    Part Q of title III (42 U.S.C. 280h et seq.) is amended by \ninserting after section 399W the following:\n\n``SEC. 399W-1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION \n              PROGRAM.\n\n    ``(a) Program.--The Secretary shall establish a community-based \noverweight and obesity prevention program consisting of awarding grants \nand contracts under subsection (b).\n    ``(b) Grants.--The Secretary shall award grants to, or enter into \ncontracts with, eligible entities--\n            ``(1) to plan evidence-based programs for the prevention of \n        overweight and obesity among children and their families \n        through improved nutrition and increased physical activity; or\n            ``(2) to implement such programs.\n    ``(c) Eligibility.--To be eligible for a grant or contract under \nsubsection (b), an entity shall be a community partnership that \ndemonstrates community support and includes--\n            ``(1) a broad cross section of stakeholders, such as--\n                    ``(A) hospitals, health care systems, community \n                health centers, or other health care providers;\n                    ``(B) universities, local educational agencies, or \n                childcare providers;\n                    ``(C) State, local, and tribal health departments;\n                    ``(D) State, local, and tribal park and recreation \n                departments;\n                    ``(E) employers; and\n                    ``(F) health insurance companies;\n            ``(2) residents of the community; and\n            ``(3) representatives of public and private entities that \n        have a history of working within and serving the community.\n    ``(d) Period of Awards.--\n            ``(1) In general.--The period of a grant or contract under \n        this section shall be 5 years, subject to renewal under \n        paragraph (2).\n            ``(2) Renewal.--At the end of each fiscal year, the \n        Secretary may renew a grant or contract award under this \n        section only if the grant or contract recipient demonstrates to \n        the Secretary's satisfaction that the recipient has made \n        appropriate, measurable progress in preventing overweight and \n        obesity.\n    ``(e) Requirements.--\n            ``(1) In general.--The Secretary may award a grant or \n        contract under this section to an entity only if the entity \n        demonstrates to the Secretary's satisfaction that--\n                    ``(A) not later than 90 days after receiving the \n                grant or contract, the entity will establish a steering \n                committee to provide input on the assessment of, and \n                recommendations on improvements to, the entity's \n                program funded through the grant or contract; and\n                    ``(B) the entity has conducted or will conduct an \n                assessment of the overweight and obesity problem in its \n                community, including the extent of the problem and \n                factors contributing to the problem.\n            ``(2) Matching requirement.--The Secretary may award a \n        grant or contract to an eligible entity under this section only \n        if the entity agrees to provide, from non-Federal sources, an \n        amount equal to $1 (in cash or in kind) for each $9 provided \n        through the grant or contract to carry out the activities \n        supported by the grant or contract.\n            ``(3) Payor of last resort.--The Secretary may award a \n        grant or contract under this section to an entity only if the \n        entity demonstrates to the satisfaction of the Secretary that \n        funds received through the grant or contract will not be \n        expended for any activity to the extent that payment has been \n        made, or can reasonably be expected to be made--\n                    ``(A) under any insurance policy;\n                    ``(B) under any Federal or State health benefits \n                program (including titles XIX and XXI of the Social \n                Security Act); or\n                    ``(C) by an entity which provides health services \n                on a prepaid basis.\n            ``(4) Maintenance of effort.--The Secretary may award a \n        grant or contract under this section to an entity only if the \n        entity demonstrates to the satisfaction of the Secretary that--\n                    ``(A) funds received through the grant or contract \n                will be expended only to supplement, and not supplant, \n                non-Federal and Federal funds otherwise available to \n                the entity for the activities to be funded through the \n                grant or contract; and\n                    ``(B) with respect to such activities, the entity \n                will maintain expenditures of non-Federal amounts for \n                such activities at a level not less than the lesser of \n                such expenditures maintained by the entity for the \n                fiscal year preceding the fiscal year for which the \n                entity receives the grant or contract.\n    ``(f) Preferences.--In awarding grants and contracts under this \nsection, the Secretary shall give preference to eligible entities \nthat--\n            ``(1) will serve communities with high levels of overweight \n        and obesity and related chronic diseases; or\n            ``(2) will plan or implement activities for the prevention \n        of overweight and obesity in school or workplace settings.\n    ``(g) Report.--The Secretary shall submit to the Congress an annual \nreport on the program of grants and contracts awarded under this \nsection.\n    ``(h) Definitions.--In this section:\n            ``(1) The term `evidence-based' means that methodologically \n        sound research has demonstrated a beneficial health effect in \n        the judgment of the Secretary and includes the Ways to Enhance \n        Children's Activity and Nutrition (We Can) program and \n        curriculum of the National Institutes of Health.\n            ``(2) The term `local educational agency' has the meaning \n        given to the term in section 9101 of the Elementary and \n        Secondary Education Act of 1965.\n    ``(i) Authorization of Appropriations.--To carry out this section, \nthere are authorized to be appropriated $10,000,000 for fiscal year \n2011 and such sums as may be necessary for each of fiscal years 2012 \nthrough 2015.''.","title":""}
+{"_id":"c130","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Communities Committed to College Tax \nCredit Act of 2008''.\n\nSEC. 2. CREDIT FOR CONTRIBUTIONS TO A TRUST USED TO PROVIDE NEED-BASED \n              COLLEGE SCHOLARSHIPS.\n\n    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to other credits) is \namended by adding at the end the following new section:\n\n``SEC. 30D. CONTRIBUTIONS TO TRUST USED TO PROVIDE NEED-BASED COLLEGE \n              SCHOLARSHIPS.\n\n    ``(a) Allowance of Credit.--In addition to any deduction allowable \nunder this title, there shall be allowed as a credit against the tax \nimposed by this chapter for the taxable year an amount equal to 50 \npercent of designated qualified college scholarship funding \ncontributions made by the taxpayer during the taxable year.\n    ``(b) Designated Qualified College Scholarship Funding \nContribution.--For purposes of this section--\n            ``(1) In general.--The term `designated qualified college \n        scholarship funding contribution' means any charitable \n        contribution (as defined in section 170(c))--\n                    ``(A) which is paid in cash by the taxpayer to a \n                qualified scholarship funding trust, and\n                    ``(B) which is designated by the trust for purposes \n                of this section.\n            ``(2) Qualified scholarship funding trust.--The term \n        `qualified scholarship funding trust' means a trust--\n                    ``(A) which is established and maintained in the \n                United States by an organization--\n                            ``(i) described in section 501(c)(3) and \n                        exempt from tax under section 501(a), and\n                            ``(ii) organized primarily for educational \n                        purposes,\n                    ``(B) which is part of a plan of one or more local \n                education agencies (as defined in section 9101 of the \n                Elementary and Secondary Education Act of 1965) of the \n                State in which such trust is established and maintained \n                to provide scholarships to children of such agencies, \n                and\n                    ``(C) the written governing instrument of which--\n                            ``(i) requires that the income of the trust \n                        be used exclusively to provide qualified \n                        scholarships (as defined in section 117(b)) to \n                        individuals who--\n                                    ``(I) are candidates for a degree \n                                at an institution of higher education \n                                (within the meaning given such term by \n                                section 101 of the Higher Education Act \n                                of 1965 (20 U.S.C. 1001)), and\n                                    ``(II) have demonstrated financial \n                                need in accordance with section 471 of \n                                such Act (20 U.S.C. 1087kk), and\n                            ``(ii) requires that the assets of the \n                        trust not be distributed for any purpose.\n    ``(c) Limitations.--\n            ``(1) In general.--There is a national qualified college \n        scholarship funding contribution limitation of $1,000,000,000.\n            ``(2) Allocation of limitation.--\n                    ``(A) In general.--Such national limitation shall \n                be allocated by the Secretary among the qualified \n                scholarship funding trusts which have registered with \n                the Secretary on or before the 180th day after the date \n                of the enactment of this section. Each trust's share of \n                such national limitation shall be the amount which \n                bears the same ratio to such limitation as the number \n                of school age children of such trust's sponsoring \n                agencies bears to the aggregate number of school age \n                children of the sponsoring agencies of all trusts which \n                have so registered with the Secretary.\n                    ``(B) School age children of sponsoring agencies.--\n                For purposes of subparagraph (A), the number of school \n                age children of a trust's sponsoring agencies is the \n                number of children of the local education agencies \n                referred to in subsection (b)(2)(B) who have attained \n                age 5 but not age 18 for the most recent fiscal year \n                ending before the date the allocations under this \n                paragraph are made.\n            ``(3) Designation subject to allocated limitation amount.--\n        The amount of contributions made to a qualified scholarship \n        funding trust which may be designated by such trust for \n        purposes of this section shall not exceed the limitation amount \n        allocated to such trust under paragraph (2).\n            ``(4) Maximum allocation per trust.--The maximum qualified \n        college scholarship funding contribution limitation which may \n        be allocated to each trust is $200,000,000. An amount which may \n        not be allocated to a trust by reason of the preceding sentence \n        shall be allocated as provided in paragraph (2) among \n        registered qualified scholarship funding trusts whose allocated \n        limitation (without regard to this sentence) does not exceed \n        $200,000,000.\n    ``(d) Application With Other Credits.--The credit allowed under \nsubsection (a) for any taxable year shall not exceed the excess (if \nany) of--\n            ``(1) the regular tax liability (as defined in section \n        26(b)) reduced by the sum of the credits allowable under \n        subpart A and sections 27, 30, 30B, and 30C, over\n            ``(2) the tentative minimum tax for the taxable year.\n    ``(e) Application of Section.--This section shall apply only to \ncontributions made during the 3-year period beginning on the 180th day \nafter the date of the enactment of this section.''.\n    (b) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``Sec. 30D. Contributions to trust used to provide need-based college \n                            scholarships.''.\n    (c) Effective Date.--The amendments made by this section shall \napply to contributions made on or after the 180th day after the date of \nthe enactment of this Act in taxable years ending after such date.","title":""}
+{"_id":"c131","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Concussion Awareness and Education \nAct of 2015''.\n\nSEC. 2. TABLE OF CONTENTS.\n\n    The table of contents of this Act is as follows:\n\nSec. 1. Short title.\nSec. 2. Table of contents.\nSec. 3. Findings; purposes.\nSec. 4. Surveillance of sports-related concussions.\nSec. 5. Research.\nSec. 6. Dissemination of information.\nSec. 7. Concussion Research Commission.\n\nSEC. 3. FINDINGS; PURPOSES.\n\n    (a) Findings.--The Congress finds as follows:\n            (1) There is currently no comprehensive system for \n        acquiring accurate data on the incidence of sports- and \n        recreation-related concussions across youth age groups and \n        sports.\n            (2) Overall, according to a report entitled ``Sports-\n        Related Concussions in Youth: Improving the Science, Changing \n        the Culture'', issued by the National Academies in 2013, each \n        year in the United States, there are approximately 1.6 to 3.8 \n        million sports- and recreation-related traumatic brain \n        injuries, including concussions and other head injuries. These \n        figures are based on conservative estimates.\n            (3) Between 2001 and 2009, the reported number of our youth \n        ages 21 and under treated in an emergency department for \n        concussion and other non-fatal sports and recreation-related \n        traumatic brain injuries increased from 150,000 to 250,000.\n            (4) Over the same time period between 2001 and 2009, the \n        rate of emergency room visits for concussive injuries increased \n        by 57 percent.\n            (5) Yet, according to the National Academies there \n        currently is--\n                    (A) a lack of data to accurately estimate the \n                incidence of sports-related concussions across a \n                variety of sports and for youth across the pediatric \n                age spectrum; and\n                    (B) no comprehensive system for acquiring accurate \n                data on the incidence of sports- and recreation-related \n                concussions across all youth age groups and sports.\n            (6) Currently, there are significant information gaps in \n        the proper protocol for diagnosis and treatment of sports-\n        related concussions and more research desperately is needed.\n    (b) Purposes.--The purposes of this Act are--\n            (1) to increase awareness and knowledge about concussions \n        through development of, implementation of, and evaluation of \n        the effectiveness of, large-scale collaborative efforts and \n        research by entities including, but not limited to, national \n        sports associations, State high school associations, trainers' \n        associations, appropriate Federal entities, and other \n        stakeholders such as parents, coaches, and students; and\n            (2) to change the culture (including social norms, \n        attitudes, and behaviors) surrounding concussions among \n        elementary school youth and their parents, coaches, sports \n        officials, educators, trainers, and health care professionals, \n        taking into account demographic variations across population \n        groups, where appropriate.\n\nSEC. 4. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS.\n\n    Title III of the Public Health Service Act is amended by inserting \nafter section 317T of such Act (42 U.S.C. 247b-22) the following:\n\n``SEC. 317U. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS.\n\n    ``(a) In General.--The Secretary of Health and Human Services, \nacting through the Director of the Centers for Disease Control and \nPrevention, and taking into account other Federal data collection \nefforts, shall--\n            ``(1) establish and oversee a national system to accurately \n        determine the incidence of sports-related concussions among \n        youth; and\n            ``(2) begin implementation of such system not later than 1 \n        year after the date of enactment of the Concussion Awareness \n        and Education Act of 2015.\n    ``(b) Data To Be Collected.--The data collected under subsection \n(a) shall, to the extent feasible, include each of the following:\n            ``(1) The incidence of sports related concussions in \n        individuals 5 through 21 years of age.\n            ``(2) Demographic information of the injured individuals, \n        including age, sex, race, and ethnicity.\n            ``(3) Pre-existing conditions of the injured individuals, \n        such as attention deficit hyperactivity disorder and learning \n        disabilities.\n            ``(4) The concussion history of the injured individuals, \n        such as the number and dates of prior concussions.\n            ``(5) The use of protective equipment and impact monitoring \n        devices.\n            ``(6) The qualifications of personnel diagnosing the \n        concussions.\n            ``(7) The cause, nature, and extent of the concussive \n        injury, including--\n                    ``(A) the sport or activity involved;\n                    ``(B) the recreational or competitive level of the \n                sport or activity involved;\n                    ``(C) the event type involved, including whether it \n                was practice or competition;\n                    ``(D) the impact location on the body;\n                    ``(E) the impact nature, such as contact with a \n                playing surface, another player, or equipment; and\n                    ``(F) signs and symptoms consistent with a \n                concussion.''.\n\nSEC. 5. RESEARCH.\n\n    Part B of title IV of the Public Health Service Act (42 U.S.C. 284 \net seq.) is amended by adding at the end the following:\n\n``SEC. 409K. RESEARCH ON CONCUSSIONS IN YOUTH.\n\n    ``Beginning not later than 1 year after the date of enactment of \nthe Concussion Awareness and Education Act of 2015, the Director of NIH \nshall conduct or support--\n            ``(1) research designed to inform the creation of age-\n        specific, evidence-based guidelines for the management of \n        short- and long-term sequelae of concussion in youth;\n            ``(2) research on the effects of concussions and repetitive \n        head impacts on quality of life and the activities of daily \n        living;\n            ``(3) research to identify predictors, and modifiers of \n        outcomes, of concussions in youth, including the influence of \n        socioeconomic status, race, ethnicity, sex, and comorbidities; \n        and\n            ``(4) research on age- and sex-related biomechanical \n        determinants of injury risk for concussion in youth, including \n        how injury thresholds are modified by the number of and time \n        interval between head impacts and concussions.''.\n\nSEC. 6. DISSEMINATION OF INFORMATION.\n\n    (a) In General.--The Secretary of Health and Human Services, acting \nthrough the Director of the Centers for Disease Control and Prevention, \nshall develop and disseminate to the public information regarding \nconcussions.\n    (b) Arrangements With Other Entities.--In carrying out paragraph \n(1), the Secretary may disseminate information through arrangements \nwith nonprofit organizations, consumer groups, Federal, State, or local \nagencies, or the media.\n\nSEC. 7. CONCUSSION RESEARCH COMMISSION.\n\n    (a) Establishment.--There is established a Concussion Research \nCommission (referred to in this section as the ``Commission'').\n    (b) Membership.--\n            (1) Appointment.--The Commission shall be composed of the \n        following nine members:\n                    (A) Five shall be appointed by the President.\n                    (B) One shall be appointed by the Speaker of the \n                House of Representatives.\n                    (C) One shall be appointed by the minority leader \n                of the House of Representatives.\n                    (D) One shall be appointed by the majority leader \n                of the Senate.\n                    (E) One shall be appointed by the minority leader \n                of the Senate.\n            (2) Qualifications.--To be eligible for appointment under \n        paragraph (1), an individual shall--\n                    (A) have experience with research, treatment, and \n                prevention with respect to all types of concussive \n                injuries; and\n                    (B) be a leading medical or scientific expert, or \n                an otherwise authoritatively qualified expert, in one \n                or more relevant fields.\n            (3) Terms.--Each member of the Commission shall be \n        appointed for the life of the Commission.\n            (4) Vacancies.--Any member appointed to fill a vacancy \n        occurring before the expiration of the term for which the \n        member's predecessor was appointed shall be appointed only for \n        the remainder of that term. A member may serve after the \n        expiration of that member's term until a successor has taken \n        office. A vacancy in the Commission shall be filled in the \n        manner in which the original appointment was made.\n            (5) No pay.--The members of the Commission shall serve \n        without pay. Members of the Commission who are full-time \n        officers or employees of the United States or Members of \n        Congress may not receive additional pay, allowances, or \n        benefits by reason of their service on the Commission.\n            (6) Travel expenses.--Each member of the Commission shall \n        receive travel expenses, including per diem in lieu of \n        subsistence, in accordance with applicable provisions under \n        subchapter I of chapter 57 of title 5, United States Code.\n            (7) Resources.--The Secretary shall ensure that appropriate \n        personnel, funding, and other resources are provided to the \n        Committee to carry out its responsibilities.\n    (c) Meetings.--The Commission shall meet at least 4 times each \nyear.\n    (d) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any Federal department or agency may detail, without \nreimbursement, any of the personnel of that department or agency to the \nCommission to assist in carrying out this section.\n    (e) Study.--The Commission shall--\n            (1) study the programs and activities conducted pursuant to \n        this Act; and\n            (2) based on the results of such programs and activities, \n        formulate systemic recommendations for furthering the purposes \n        of this Act, as described in section 3(b).\n    (f) Review of National Academies Report.--The Commission shall \nreview the report of the National Academies entitled ``Sports-Related \nConcussions in Youth: Improving the Science, Changing the Culture'' and \nrecommend corrections or updates to such report, as the Commission \ndetermines appropriate.\n    (g) Reporting.--\n            (1) Interim reports.--Every 6 months, the Commission shall \n        submit to the appropriate committees of Congress an interim \n        report on the Commission's activities.\n            (2) Final report.--Not later than 36 months after the date \n        of enactment of this Act, the Commission shall submit to the \n        appropriate committees of Congress, and make available to the \n        public, a final report on the results of the Commission's study \n        under subsection (e) and review under subsection (f).\n    (h) Termination.--The Commission shall terminate upon the date of \nsubmission of the final report required by subsection (g)(2), unless \nthe Secretary of Health and Human Services chooses to maintain the \nCommission beyond such date.","title":""}
+{"_id":"c132","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Confederate Commemorative Works \nInventory and Joint Resource Study Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) The American Civil War was fought between 1861 and \n        1865.\n            (2) As early as 1864, efforts were underway to preserve \n        places that had been the location of pivotal battles during the \n        Civil War, even before surrender occurred.\n            (3) The National Park Service preserves unimpaired the \n        natural and cultural resources and values of the National Park \n        System for the enjoyment, education, and inspiration of this \n        and future generations, including sites dedicated to the \n        interpretation of the American Civil War.\n            (4) The National Park Service, the Department of Veterans \n        Affairs, and the Department of Defense administer public lands \n        that are responsible for Confederate commemorative works.\n            (5) There are 147 national cemeteries in the United States. \n        Fourteen are maintained by the Department of the Interior, \n        through the National Park Service. The Department of Veterans \n        Affairs, through the National Cemetery Administration, \n        administers 131 cemeteries. The Department of Defense, through \n        the Army, administers 2 cemeteries.\n            (6) The Department of Defense has jurisdiction over--\n                    (A) 10 major United States military installations \n                named in honor of Confederate military leaders; and\n                    (B) Navy ships named after Confederate victories.\n\nSEC. 3. DEFINITIONS.\n\n    For the purposes of this Act:\n            (1) Confederate commemorative work.--The term ``Confederate \n        commemorative work''--\n                    (A) means any work that mentions individuals or \n                units who participated or served in the advancement of \n                Confederate efforts; and\n                    (B) includes the Confederate flag and any other \n                symbols or signage that honors the Confederacy, \n                including any monument, statue, or plaque that honors a \n                Confederate leader, soldier, or supporter of the \n                Confederate States of America.\n            (2) Confederate flag.--The term ``Confederate flag''--\n                    (A) means the national flag of the Confederacy from \n                1861 through 1865; and\n                    (B) includes the Stars and Bars, the Stainless \n                Banner, the Blood-Stained Banner, the Confederate \n                States Navy flag, the battle flag of the Army of \n                Northern Virginia, any State or regimental flag as such \n                flag was depicted during 1861-1865, and modern \n                representations of the Confederate battle flag.\n            (3) Director.--The term ``Director'' means the Director of \n        the National Park Service.\n            (4) Secretary concerned.--The term ``Secretary concerned'' \n        means the Secretary of the Interior, the Secretary of Defense, \n        and the Secretary of Veterans Affairs, each in reference to \n        Federal land under the jurisdiction of that Secretary.\n\nSEC. 4. INVENTORY AND RESOURCE STUDY.\n\n    (a) In General.--Each Secretary concerned shall--\n            (1) conduct a full inventory of Confederate commemorative \n        works under the administrative jurisdiction of that Secretary; \n        and\n            (2) submit a copy of that inventory to the Director.\n    (b) Contents of Study.--Using the inventories received pursuant to \nsubsection (a), the Director shall conduct a special resource study \nthat--\n            (1) examines works, commemorating and interpreting the \n        Civil War, the commemoration thereof, the soldiers, people on \n        the home front and battle lines, and the related locations in \n        the United States from 1861 through 1865; and\n            (2) identifies--\n                    (A) a historical assessment, based on extensive \n                research, of each inventoried Confederate commemorative \n                work;\n                    (B) an evaluation of the suitability and \n                feasibility of retaining the Confederate commemorative \n                work;\n                    (C) the identification of properties that could \n                meet criteria for listing in the National Register of \n                Historic Places or criteria for designation as National \n                Historic Landmarks or if the Confederate commemorative \n                work is already on the or part of, another designation \n                or district;\n                    (D) an evaluation of relevant historical research \n                on, education about, interpretation of, and public \n                awareness of the Confederate commemorative work; and\n                    (E) any other matters that the Director determines \n                to be appropriate for this study.\n    (c) Report.--Not later than 2 years after funds are made available \nfor the study, the Secretary of the Interior shall submit to the \nCommittee on Natural Resources of the House of Representatives and the \nCommittee on Energy and Natural Resources of the Senate a report \ncontaining the findings of the study required under subsection (b) and \nany related recommendations.","title":""}
+{"_id":"c133","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Connect with Veterans Act of 2014''.\n\nSEC. 2. VOLUNTARY NATIONAL DIRECTORY OF VETERANS.\n\n    (a) Program Required.--\n            (1) In general.--The Secretary of Veterans Affairs, in \n        coordination with the Secretary of Defense, shall establish a \n        program to facilitate outreach to veterans by covered entities.\n            (2) Covered entities.--For purposes of this section, a \n        covered entity is any of the following:\n                    (A) The Department of Veterans Affairs.\n                    (B) The agency or department of a State that is the \n                primary agency or department of the State for the \n                administration of benefits and services for veterans in \n                the State.\n                    (C) A political subdivision of a State.\n                    (D) An Indian tribe (as defined in section 4 of the \n                Indian Self-Determination and Education Assistance Act \n                (25 U.S.C. 450b)).\n            (3) National directory.--To carry out the program required \n        by paragraph (1), the Secretary shall--\n                    (A) establish a national directory of veterans as \n                described in subsection (b); and\n                    (B) share information in the directory in \n                accordance with subsection (c).\n    (b) National Directory.--\n            (1) In general.--The Secretary of Veterans Affairs shall \n        establish the national directory required by subsection (a)(3) \n        using information received from the Secretary of Defense under \n        subsection (d)(4).\n            (2) Updates.--The Secretary of Veterans Affairs shall \n        ensure that the national directory includes a mechanism by \n        which a participating individual can update the information in \n        the national directory that pertains to the participating \n        individual.\n            (3) Disenrollment.--The Secretary shall establish a \n        mechanism by which a participating individual can indicate to \n        the Secretary that the individual would no longer like to \n        receive information from participating entities under the \n        program.\n            (4) Reenrollment.--The Secretary shall establish a \n        mechanism for the inclusion of information in the national \n        directory of individuals who were previously participating \n        individuals but who had made an indication under paragraph (3) \n        and subsequently indicate that they would like to receive \n        information from participating entities under the program.\n            (5) Privacy and security.--The Secretary shall take such \n        actions as the Secretary considers appropriate to protect--\n                    (A) the privacy of individuals participating in the \n                program; and\n                    (B) the security of the information stored in the \n                national directory.\n            (6) Ebenefits.--The Secretary of Veterans Affairs may use \n        the system and architecture of the eBenefits Internet website \n        of the Department of Veterans Affairs to support and operate \n        the national directory as the Secretary considers appropriate.\n    (c) Outreach.--\n            (1) Sharing of directory information.--\n                    (A) In general.--Except as provided in paragraph \n                (2), in order to connect participating individuals with \n                information about the programs they could be eligible \n                for or services, support, and information they may be \n                interested in receiving, the Secretary of Veterans \n                Affairs may share, under the program established under \n                subsection (a)(1), information in the national \n                directory concerning such individuals with entities \n                applicable to participating individuals.\n                    (B) Entities applicable to participating \n                individuals.--For purposes of this subsection, an \n                entity that is applicable to a participating individual \n                is a covered entity from whom a participating \n                individual has expressed interest in receiving \n                information under the program.\n                    (C) Updated information.--In a case in which a \n                participating individual updates the information \n                pertaining to the participating individual under \n                subsection (b)(2), the Secretary shall transmit such \n                information to each entity applicable to the \n                participating individual.\n                    (D) Notification of disenrollment.--In a case in \n                which a participating individual indicates to the \n                Secretary under subsection (b)(3) that the individual \n                would no longer like to receive information from \n                participating entities under the program, the Secretary \n                shall inform each entity applicable to the \n                participating individual that the individual would no \n                longer like to receive information from the entity \n                under the program.\n            (2) Limitations.--\n                    (A) Limitations on the secretary.--\n                            (i) Information shared.--Under the program, \n                        the Secretary of Veterans Affairs may only \n                        share from the national directory the \n                        following:\n                                    (I) The name of a participating \n                                individual.\n                                    (II) The e-mail address of a \n                                participating individual.\n                                    (III) The postal address of a \n                                participating individual.\n                                    (IV) The phone number of a \n                                participating individual.\n                            (ii) Prohibition on sale of information.--\n                        The Secretary may not sell any information \n                        collected under this section.\n                            (iii) Entities.--The Secretary may not \n                        share any information collected under the \n                        program with any entity that is not a \n                        participating entity.\n                    (B) Limitations on participating entities.--\n                            (i) Sharing with third-party and for-profit \n                        entities.--As a condition of participation in \n                        the program, a participating entity shall agree \n                        not to share any information the participating \n                        entity receives under the program with any \n                        third-party or for-profit entities.\n                            (ii) Purchases of products or services.--As \n                        a condition of participation in the program, a \n                        participating entity shall agree not to include \n                        in any information sent by the participating \n                        entity to a participating individual a \n                        requirement that the participating individual \n                        or the family of the participating individual \n                        purchase a product or service.\n                            (iii) Political communication.--As a \n                        condition of participation in the program, a \n                        participating entity shall agree not to use any \n                        information received under the program for any \n                        political communication.\n            (3) Disenrollment by participating entities.--The Secretary \n        shall establish a mechanism by which a participating entity may \n        indicate to the Secretary that the participating entity would \n        no longer like to receive information about participating \n        individuals from the national directory.\n            (4) Sense of congress.--\n                    (A) Consolidation of requests.--It is the sense of \n                Congress that covered entities described in subsection \n                (a)(2)(C) who are located in the same region should \n                work together in a manner such that only one of them \n                requests receipt of information under the program.\n                    (B) Collaboration.--It is the sense of Congress \n                that covered entities described in subsection (a)(2)(C) \n                should work with third parties, such as veterans \n                service organizations, military community groups, and \n                other entities with an interest in assisting veterans, \n                to develop the information the covered entities send to \n                participating individuals under the program.\n            (5) Publicity.--The Secretary shall develop a plan to \n        publicize the program and inform covered entities of the \n        benefits of participating in the program.\n    (d) Collection of Contact Information.--\n            (1) In general.--To each member of the Armed Forces \n        separating from service in the Armed Forces, the Secretary of \n        Defense shall provide a form for the collection of information \n        to be included in the national directory established under \n        subsection (a).\n            (2) Form.--\n                    (A) Development.--The Secretary of Defense shall, \n                in consultation with the Secretary of Veterans Affairs, \n                develop the form provided under paragraph (1).\n                    (B) Elements.--The form developed under \n                subparagraph (A) shall allow a member of the Armed \n                Forces who is in the process of separating from service \n                in the Armed Forces to indicate the following:\n                            (i) Where the member intends to reside \n                        after separation.\n                            (ii) How the individual can best be \n                        contacted, such as a telephone number, an e-\n                        mail address, or a postal address.\n                            (iii) For which types of benefits and \n                        services the member would like to receive \n                        communication and outreach, such as health \n                        care, education, employment, and housing.\n                            (iv) From which of the following the member \n                        would like to receive the communication and \n                        outreach specified under clause (iii):\n                                    (I) The Department of Veterans \n                                Affairs.\n                                    (II) The agency or department of \n                                the State in which the member intends \n                                to reside after separation that is the \n                                primary agency or department of the \n                                State for the administration of \n                                benefits and services for veterans in \n                                the State.\n                                    (III) A political subdivision of a \n                                State.\n                    (C) Notice.--The form developed under subparagraph \n                (A) shall include notice of the following:\n                            (i) Information provided to agencies and \n                        departments described in subparagraph \n                        (B)(iv)(III) will only be provided as \n                        authorized and upon request by such agencies \n                        and departments.\n                            (ii) Political subdivisions of States that \n                        receive information under the program \n                        established under subsection (a) may--\n                                    (I) share such information with \n                                such nonprofit organizations as the \n                                political subdivisions consider \n                                appropriate; and\n                                    (II) work with such organizations \n                                to provide the veterans with relevant \n                                information about benefits and services \n                                offered by such organizations.\n                            (iii) Information provided on the form \n                        developed under subparagraph (A) will never be \n                        sold, provided to a for-profit entity, or used \n                        to send any sort of political communication.\n                    (D) Manner.--The Secretary of Defense shall ensure \n                that the form provided under paragraph (1) is not \n                primarily electronic in nature.\n            (3) Voluntary participation.--The Secretary of Defense \n        shall ensure that completion of the form provided under \n        paragraph (1) is voluntary and submittal of such form to the \n        Secretary by a member of the Armed Forces shall be considered \n        an indication to the Secretary that the member would like to \n        receive information from participating entities under the \n        program.\n            (4) Transmittal of information to secretary of veterans \n        affairs.--Not later than 30 days after the date on which a \n        member of the Armed Forces who submitted information to the \n        Secretary of Defense under this subsection separates from \n        service in the Armed Forces, the Secretary of Defense shall \n        transmit such information to the Secretary of Veterans Affairs.\n            (5) Privacy and security.--The Secretary of Defense shall \n        take such actions as the Secretary considers appropriate to \n        protect--\n                    (A) the privacy of individuals who submit \n                information under this subsection; and\n                    (B) the security of such information--\n                            (i) while it is in the possession of the \n                        Secretary; and\n                            (ii) while it is in transit to the \n                        Secretary of Veterans Affairs.\n            (6) Integration with transition assistance program.--The \n        Secretary of Defense and the Secretary of Labor shall jointly \n        take such actions as the secretaries consider appropriate to \n        integrate the collection of information under this subsection \n        into the Transition Assistance Program.\n    (e) Report.--\n            (1) In general.--Not later than 180 days after the date of \n        the enactment of this Act, the Secretary of Veterans Affairs \n        and the Secretary of Defense shall jointly submit to the \n        appropriate committees of Congress a report on the program \n        established under subsection (a)(1).\n            (2) Contents.--The report submitted under paragraph (1) \n        shall include an examination and assessment of the following:\n                    (A) The signup process and the effectiveness of the \n                forms developed and provided under subsection (d).\n                    (B) The ways in which contact information is \n                transferred from the Secretary of Defense to the \n                Secretary of Veterans Affairs under the program and the \n                plans of the secretaries to overcome challenges \n                encountered by the secretaries in transferring such \n                information.\n                    (C) The number of covered entities described in \n                subsection (a)(2)(C) participating in the program and \n                any challenges they report in receiving the contact \n                information from the Secretary of Veterans Affairs \n                under the program.\n                    (D) The effectiveness of efforts of the Secretary \n                of Veterans Affairs and the Secretary of Defense to \n                protect the personal information of participating \n                individuals.\n                    (E) The effectiveness of efforts of covered \n                entities described in subsection (a)(2)(C) to protect \n                the personal information of participating individuals.\n                    (F) Whether additional limitations on the use of \n                information collected under the program are necessary \n                to protect participating individuals from unwanted \n                contact, or contact that is inconsistent with the \n                program.\n                    (G) Whether participating individuals are \n                benefitting by participating in the program and whether \n                changing the program would improve such benefits.\n                    (H) The overall participation in the program, \n                utilization of the program, and how such participation \n                and utilization could be improved.\n                    (I) Such other matters as the secretaries consider \n                appropriate.\n            (3) Appropriate committees of congress defined.--In this \n        subsection, the term ``appropriate committees of Congress'' \n        means the following:\n                    (A) The Committee on Veterans' Affairs, the \n                Committee on Armed Services, and the Subcommittee on \n                Military Construction, Veterans Affairs, and Related \n                Agencies of the Committee on Appropriations of the \n                Senate.\n                    (B) The Committee on Veterans' Affairs, the \n                Committee on Armed Services, and the Subcommittee on \n                Military Construction, Veterans Affairs and Related \n                Agencies of the Committee on Appropriations of the \n                House of Representatives.\n    (f) Definitions.--In this section:\n            (1) Participating entity.--The term ``participating \n        entity'' means a covered entity that has indicated to the \n        Secretary of Veterans Affairs that the covered entity would \n        like to receive information about participating individuals \n        from the national directory and has made no subsequent \n        indication that the covered entity would like to stop receiving \n        such information.\n            (2) Participating individual.--The term ``participating \n        individual'' means an individual with respect to whom \n        information is stored in the national directory and who has \n        indicated to the Secretary of Veterans Affairs or the Secretary \n        of Defense that the individual would like to receive \n        information from participating entities under the program and \n        has made no subsequent indication that the individual would \n        like to stop receiving such information.","title":""}
+{"_id":"c134","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Construction Quality Assurance Act \nof 2009''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) In the construction industry, specialty subcontractors \n        now perform the majority of construction work, in certain cases \n        100 percent of the work, under the management of a prime \n        contractor, making the subcontractors' price and performance \n        the key determinant in the overall cost of construction \n        projects, including those performed for the Federal Government.\n            (2) Detrimental practices known as ``bid shopping'' and \n        ``bid peddling'' exist in the construction industry, including \n        construction projects for the Federal Government.\n            (3) ``Bid shopping'' occurs when a contractor, after award \n        of a contract, contracts with subcontractors at a price less \n        than the quoted price of the subcontractor upon which the \n        contractor's fixed bid price was based, in order to increase \n        the contractor's profit on the project without any benefit to \n        the entity for which the contract is being performed.\n            (4) ``Bid peddling'' occurs when a subcontractor that is \n        not selected for inclusion in a contractor's team seeks to \n        induce the contractor, after award of the contract, to \n        substitute the subcontractor for another subcontractor whose \n        bid price was reflected in the successful bid of the contractor \n        by offering to reduce its price for performance of the \n        specified work, suggesting that the previous offer of the \n        subcontractor was padded or incorrect.\n            (5) Bid shopping and bid peddling--\n                    (A) threaten the integrity of the competitive bid \n                system for construction that benefits the Federal \n                Government, the construction industry, and the economy \n                of the United States as a whole;\n                    (B) compromise national security by promoting \n                uncertainty about which contractors actually perform \n                work on critical infrastructure projects;\n                    (C) deprive taxpayers of the benefits of full and \n                open competition among prospective contractors and \n                subcontractors for the performance of Federal \n                construction projects;\n                    (D) expose Federal construction projects to the \n                dangers of substandard performance, substitution of \n                lower quality materials, and other detrimental cost-\n                cutting practices by an unscrupulous substituted \n                subcontractor; and\n                    (E) can be effectively deterred in Federal \n                construction by modifying the Federal Acquisition \n                Regulation to require bid listing, which is the \n                practice of requiring each offeror for a Federal \n                construction contract to list the subcontractors whose \n                performance is reflected in the bid price, procedures \n                for the substitution of listed subcontractors for good \n                cause, and other deterrents to abuse.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Contract.--The term ``contract'' means any contract \n        with the Federal Government, exceeding $1,000,000 in amount, \n        for the construction, alteration, or repair of any public \n        building or public work of the United States.\n            (2) Contractor.--The term ``contractor'' means an \n        individual or entity that has been awarded or is seeking to be \n        awarded a construction contract by the Federal Government.\n            (3) Subcontractor.--The term ``subcontractor'' means an \n        individual or entity that subcontracts with a contractor in an \n        amount in excess of $100,000 for work on a contract.\n\nSEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS \n              ON CONSTRUCTION PROJECTS.\n\n    (a) Requirement To List Subcontractors.--\n            (1) In general.--Each solicitation by an executive agency \n        for the procurement of construction in an amount in excess of \n        $1,000,000 shall require each bidder to submit as part of its \n        bid the name, location of the place of business, and nature of \n        the work of each subcontractor with whom the bidder, if awarded \n        the contract, will subcontract for work in an amount in excess \n        of $100,000 on the contract.\n            (2) Requirements for specific categories.--\n                    (A) Except as provided in subparagraphs (B) and \n                (C), the bidder shall list only one subcontractor for \n                each category of work as defined by the bidder in its \n                bid or proposal.\n                    (B) A bidder may list multiple subcontractors for a \n                category of work if each such subcontractor is listed \n                to perform a discrete portion of the work within a \n                category.\n                    (C) A bidder may list itself for any portion of \n                work under the contract, which shall be deemed a \n                representation by the bidder that it is fully qualified \n                to perform that portion of the work itself and that the \n                bidder will perform that portion itself.\n            (3) Result of failure to list subcontractors.--An executive \n        agency shall consider any bidder that fails to list \n        subcontractors in accordance with this Act and the regulations \n        promulgated pursuant to section 7 of this Act to be non-\n        responsive and bids by such bidders shall not be considered.\n    (b) Procedures for Substitution of a Listed Subcontractor.--\n            (1) Consent and good cause required.--No contractor shall \n        substitute a subcontractor in place of the subcontractor listed \n        in the original bid or proposal, except with the consent of the \n        contracting officer for good cause.\n            (2) Examples of good cause.--Good cause under paragraph (1) \n        shall include the following:\n                    (A) Failure of the subcontractor to execute a \n                written contract after a reasonable period if such \n                written contract, based upon the terms, conditions, \n                plans, and specifications of the contract and the terms \n                of the subcontractor's bid or proposal, is presented to \n                the subcontractor by the contractor.\n                    (B) Bankruptcy of the subcontractor.\n                    (C) The death or physical disability of the \n                subcontractor, if the subcontractor is an individual.\n                    (D) Dissolution of the subcontractor, if the \n                subcontractor is a corporation or partnership.\n                    (E) Failure of a subcontractor to meet the surety \n                bond requirements specified by the bidder as a \n                condition of the subcontractor to perform on the \n                contract, if awarded to the bidder.\n                    (F) The subcontractor is ineligible to perform on \n                the subcontract because the subcontractor is suspended, \n                debarred, or otherwise ineligible to perform.\n                    (G) A series of failures by the subcontractor to \n                perform in accordance with the specification, terms, \n                and conditions of its subcontract resulting in the \n                withholding of amounts requested by the subcontractor \n                in accordance with section 3905 of title 31, United \n                States Code, and the regulations implementing such \n                section.\n                    (H) Failure of the subcontractor to comply with a \n                requirement of law applicable to the subcontractor.\n                    (I) Failure or refusal of the subcontractor to \n                perform the subcontract.\n            (3) Requests for substitution.--A request of a contractor \n        for a substitution of a listed subcontractor shall be submitted \n        in writing to the contracting officer and shall include the \n        reasons for the request. The contractor shall provide a copy of \n        its request for substitution to the listed subcontractor by any \n        means that provides written third-party verification of \n        delivery to the last known address of the subcontractor. A \n        subcontractor who has been so notified shall have five working \n        days within which to submit written objections to the \n        substitution to the contracting officer. Failure to file such \n        written objections shall constitute the consent of the listed \n        subcontractor to the substitution.\n    (c) Limitation on Assignment, Transfer, or Substitution.--\n            (1) Limitation on assignment or transfer.--No contractor \n        shall permit any subcontract to be voluntarily assigned or \n        transferred or to be performed by any entity other than the \n        subcontractor listed in the bid or proposal without the consent \n        of the contracting officer. Consent of the contracting officer \n        to a contractor for a substitution shall--\n                    (A) be promptly made in writing; and\n                    (B) be included in the contract file.\n            (2) Limitation on substitution.--No contractor that listed \n        itself for a portion of the work under the contract shall \n        subcontract any portion of the work for which it listed itself, \n        unless authorized by the contracting officer to substitute one \n        or more subcontractors to perform such work.\n\nSEC. 5. PENALTIES.\n\n    (a) In General.--\n            (1) A contractor shall be subject to penalties if, without \n        obtaining the approval of the contracting officer, the \n        contractor--\n                    (A) replaces a listed subcontractor for a contract \n                with an executive agency; or\n                    (B) awards a subcontract to a subcontractor to \n                perform work which the contractor had identified as \n                work to be performed directly by the contractor.\n            (2) A subcontractor shall also be subject to penalties if \n        the subcontractor is determined to have knowingly participated \n        in the failure of the contractor to comply with the regulatory \n        provisions relating to the substitution of a listed \n        subcontractor.\n    (b) Amount of Penalties To Be Imposed.--The amount of penalties \nimposed under this section shall be equal to the greater of--\n            (1) 10 percent of the amount of the bid by the listed \n        subcontractor;\n            (2) the difference between the amount of the bid by the \n        listed subcontractor and the amount of the bid by the \n        substituted subcontractor; or\n            (3) the difference between the amount of the bid by a \n        substituted subcontractor and the dollar value specified by the \n        contractor for the work which the contractor had listed for its \n        own performance.\n    (c) Source of Funds for Penalties.--Penalties assessed pursuant to \nthis section shall be deducted from the remaining unpaid contract \nbalance and deposited into the fund from which the contract was \nawarded.\n\nSEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT.\n\n    The imposition of penalties on a contractor or subcontractor for \nfailure to comply with the procedures for the substitution of \nsubcontractors on 2 contracts within a 3-year period shall be deemed to \nbe adequate evidence of the commission of an offense indicating a lack \nof business integrity or business honesty that seriously and directly \naffects the present responsibility of a Government contractor within \nthe meaning of part 9.4 of the Federal Acquisition Regulation \n(Debarment, Suspension, and Eligibility) (48 CFR 9.4).\n\nSEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.\n\n    (a) Proposed Revisions.--Proposed revisions to the Government-wide \nFederal Acquisition Regulation to implement the provisions in this Act \nshall be published not later than 120 days after the date of the \nenactment of this Act and provide not less than 60 days for public \ncomment.\n    (b) Final Regulations.--Final regulations shall be published not \nless than 180 days after the date of the enactment of this Act and \nshall be effective on the date that is 30 days after the date of \npublication.","title":""}
+{"_id":"c135","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Consumer Affordable Transaction \nAccount Act of 2001''.\n\nSEC. 2. AFFORDABLE BANKING SERVICES.\n\n    (a) In General.--Except as otherwise provided in this section, each \ninsured depository institution shall make available to consumers a \nconsumer transaction account, to be known as an ``affordable \ntransaction account'', with the following features to be prescribed \njointly by the Federal banking agencies, by regulation:\n            (1) Initial deposit.--The maximum amount which an insured \n        depository institution may require as an initial deposit, if \n        any.\n            (2) Minimum balance.--The maximum amount an insured \n        depository institution may require as a minimum balance, if \n        any, to maintain such account.\n            (3) Minimum number of free withdrawals.--A minimum of 8 \n        withdrawal transactions, including withdrawals by negotiable or \n        transferable instruments for the purpose of making payments to \n        third parties and electronic fund transfers, during any \n        periodic cycle at no additional charge to the account holder.\n            (4) Maximum monthly service charge.--The maximum amount an \n        insured depository institution may charge per periodic cycle \n        for the use of such account.\n    (b) Fees for Withdrawal Transactions in Excess of Minimum Number of \nFree Withdrawals.--\n            (1) In general.--Subject to paragraph (2), in the case of \n        any affordable transaction account--\n                    (A) an insured depository institution may impose a \n                reasonable per-transaction charge for any withdrawal \n                transaction described in subsection (a)(3) other than a \n                transaction required under such subsection to be \n                provided free; or\n                    (B) the depository institution may impose the fees \n                and charges normally applied to other consumer \n                transaction accounts available at that depository \n                institution.\n            (2) Limitations.--\n                    (A) Periodic cycle fee adjustment.--The amount of \n                any charge per periodic cycle imposed by an insured \n                depository institution on any affordable transaction \n                account pursuant to paragraph (1)(B) shall be reduced \n                by the charge imposed under subsection (a)(4).\n                    (B) Maximum amount.--At no time shall the total \n                amount of fees and charges imposed by an insured \n                depository institution on any affordable transaction \n                account exceed the total amount of fees and charges \n                that is normally applied to other consumer transaction \n                accounts available at the depository institution.\n    (c) Conditions for Opening Any Affordable Transaction Account.--An \ninsured depository institution may require as a condition for opening \nor maintaining any affordable transaction account that--\n            (1) the holder of the account be a resident of the State in \n        which the account is opened or maintained; and\n            (2) the deposits to the account of recurring payments such \n        as Social Security, wage, or pension payments be made by direct \n        deposit if that form of deposit is available to both the \n        consumer and the depository institution.\n    (d) Other Terms and Conditions.--\n            (1) In general.--Except as provided in this section and any \n        regulations prescribed under this section, any affordable \n        transaction account may be offered by an insured depository \n        institution subject to the same rules, conditions, and terms \n        normally applicable to other consumer transaction accounts \n        offered by the depository institution.\n            (2) Prohibition on discrimination against affordable \n        transaction account holders in providing other services.--The \n        amount of any fee or charge imposed on a holder of any \n        affordable transaction account by an insured depository \n        institution for specific services provided to such account \n        holder which are not directly related to the maintenance of \n        such account may not exceed the fee or charge imposed by the \n        depository institution for providing the same services in \n        connection with other consumer transaction accounts offered by \n        the depository institution.\n    (e) Affordable Transaction Accounts Not Required for Individuals \nWho Maintain Other Transaction Accounts.--An insured depository \ninstitution shall not be required to permit any person to open or \nmaintain an affordable transaction account pursuant to this section if \nsuch person maintains another consumer transaction account either at \nthat depository institution or any other insured depository \ninstitution.\n    (f) Alternative Arrangements.--In lieu of the affordable \ntransaction account required by this section, an insured depository \ninstitution may make available an alternative form of account or other \nbanking services if the appropriate Federal banking agency determines \nthat such alternative form of account or services are at least as \nadvantageous to consumers as the affordable transaction account.\n    (g) Disclosure Requirements.--\n            (1) Posted notices.--If an insured depository institution \n        posts in the public area of any office of the institution a \n        notice of the availability of other consumer transaction \n        accounts, the depository institution shall also post equally \n        conspicuous notice in such public area and in the same manner \n        the availability of its affordable transaction accounts.\n            (2) Printed material.--If an insured depository institution \n        makes available in the public area of any office of the \n        institution printed material describing the terms of its other \n        consumer transaction accounts, the depository institution shall \n        also make comparable descriptive printed material concerning \n        the affordable transaction accounts available in the same such \n        area and in the same manner.\n    (h) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n            (1) Consumer transaction account.--For purposes of this \n        section, the term ``consumer transaction account'' means a \n        demand deposit account, negotiable order of withdrawal account, \n        share draft account, or any similar transaction account used \n        primarily for personal, family or household purposes.\n            (2) Depository institution.--The term ``depository \n        institution'' has the same meaning as in section 19(b)(1)(A) of \n        the Federal Reserve Act.\n            (3) Federal banking agency.--The term ``Federal banking \n        agency''--\n                    (A) has the same meaning as in section 3(z) of the \n                Federal Deposit Insurance Act; and\n                    (B) includes the National Credit Union \n                Administration Board.\n            (4) Insured depository institution.--The term ``insured \n        depository institution''--\n                    (A) has the same meaning as in section 3(c)(2) of \n                the Federal Deposit Insurance Act; and\n                    (B) includes an insured credit union (as defined in \n                section 101(7) of the Federal Credit Union Act).\n    (i) Compliance With More Stringent State Law.--If a depository \ninstitution operates in a State the laws of which, including \nregulations, require a depository institution operating in such State \nto meet requirements for affordable transaction accounts which are more \nadvantageous to the consumer than the requirements of this section or \nthe regulations prescribed under this section, such depository \ninstitution may not be treated as a qualified depository institution \nfor purposes of section 19(b)(12) of the Federal Reserve Act, unless \nsuch depository institution meets the requirements of this section and \nthe requirements of such State law.\n    (j) Rule of Construction.--No provision of this section, title LXII \nof the Revised Statutes of the United States, the Home Owners' Loan \nAct, the Bank Enterprise Act of 1991, the Alternative Mortgage \nTransaction Parity Act of 1982, or any other Federal law may be \nconstrued as preempting, or providing any basis for the Comptroller of \nthe Currency or the Director of the Office of Thrift Supervision to \nconclude that Federal law in any way preempts, the law of any State \nwhich requires depository institution operating in that State to \nprovide affordable transaction accounts, including the Omnibus Consumer \nProtection and Banking Deregulation Act of 1994 of the State of New \nYork and the New Jersey Consumer Checking Account Act (as in effect on \nthe date of the enactment of this Act).\n    (k) Coordination of Regulations.--Each Federal banking agency \nshall--\n            (1) consult and coordinate with other Federal banking \n        agencies to ensure that regulations prescribed by each such \n        agency are consistent with and comparable to the regulations \n        prescribed by each other such agency; and\n            (2) prescribe regulations in final form to implement this \n        section before the end of the 6-month period beginning on the \n        date of the enactment of this Act.","title":""}
+{"_id":"c136","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Consumer Checking Account Fairness \nAct''.\n\nSEC. 2. ADJUSTMENT OF CHECK HOLD PERIODS REQUIRED.\n\n    (a) In General.--Section 603(d) of the Expedited Funds Availability \nAct (12 U.S.C. 4002(d)) is amended by adding at the end the following \nnew paragraph:\n            ``(3) Coordination with check clearing for the 21st century \n        act.--\n                    ``(A) In general.--The Board shall prescribe \n                regulations under paragraph (1)--\n                            ``(i) to reduce the time periods under \n                        subsections (a), (b), or (e), in accordance \n                        with the requirements of paragraph (1), to take \n                        into account the time within which any \n                        receiving institution can reasonably expect to \n                        learn of the nonpayment of most items for each \n                        category of checks under the Checking Clearing \n                        for the 21st Century Act or the regulations \n                        implementing such Act; and\n                            ``(ii) to eliminate distinctions between \n                        the schedules established under subsections \n                        (a), (b), or (e) if the Board finds that such \n                        distinctions no longer have any significance \n                        for any category of checks under the Checking \n                        Clearing for the 21st Century Act or the \n                        regulations implementing such Act.\n                    ``(B) Paragraph (2) adjustments.--The Board shall, \n                by regulation, eliminate the extension provided under \n                paragraph (2) for deposits of any category of checks if \n                the Board finds that the extension has no substantial \n                usefulness under the Checking Clearing for the 21st \n                Century Act or the regulations implementing such \n                Act.''.\n    (b) Regulations.--The Board shall prescribe the regulations \nrequired under the amendment made by subsection (a) in final form \nbefore the end of the 6-month period beginning on the date of the \nenactment of this Act.\n\nSEC. 3. AMENDMENTS RELATING TO CHECKING ACCOUNT CONSUMERS.\n\n    (a) Deposits at Proprietary ATMs.--Section 603(a)(2) of the \nExpedited Funds Availability Act (12 U.S.C. 4002(a)(2)) is amended--\n            (1) in subparagraphs (B)(ii) and (C)(ii), by inserting ``or \n        is deposited at a proprietary ATM'' before the semicolon at the \n        end of each such subparagraph; and\n            (2) in subparagraph (E), by inserting ``, or a check \n        deposited at a proprietary ATM,'' after ``deposited in a branch \n        of a depository institution''.\n    (b) Limitation on Certain Fees During Check Hold Period.--Section \n607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended \nby adding at the end the following new subsection:\n    ``(f) Limitation on Certain Fees During Check Hold Period.--If a \nreceiving depository institution has received a provisional or final \nsettlement with respect to a check deposited in an account at the \ndepository institution and such depository institution has not yet made \nthe proceeds of the deposit available to the accountholder, the \nreceiving depository institution may not assess any fee for an \noverdraft, or any fee associated with the payment of an overdraft, that \nwould not have occurred if such funds so deposited were available.''.\n    (c) Credits Required to Be Posted Before Debits.--Section 607 of \nthe Expedited Funds Availability Act (12 U.S.C. 4006) is amended by \ninserting after subsection (f) (as added by subsection (b) of this \nsection) the following new subsection:\n    ``(g) Order of Posting.--In the process of posting credits and \ndebits against a checking account used primarily for personal, family, \nor household purposes after the close of any business day, the \nreceiving depository institution shall credit all deposits to the \naccount before debiting any check drawn on the account and presented to \nthe depository institution for payment.''.\n    (d) Saturdays May Be Treated as Business Days.--Section 602(3) of \nthe Expedited Funds Availability Act (12 U.S.C. 4001(3)) is amended by \nadding at the end the following new sentence: ``For purposes of this \ntitle, however, Saturday shall be treated as a business day in the \ncalculation of any period within which funds deposited in an account at \na receiving depository institution are required be made available under \nthis title, if with respect to checks received by the depository \ninstitution for which it is the originating institution, the depository \ninstitution debits accounts on Saturdays for such checks.''.\n    (e) Reduction in Check Holds for Nonlocal Check Deposits.--Section \n603(b)(2) of the Expedited Funds Availability Act (12 U.S.C. \n4002(b)(2)) is amended by striking ``not more than 4 business days \nshall intervene between'' and inserting ``funds shall be made available \non the 2nd business day after''.\n    (f) Adjustment for Inflation for Large Check Limitation.--\n            (1) In general.--Section 604(a)(3) of the Expedited Funds \n        Availability Act (12 U.S.C. 4003(a)(3)) is amended by striking \n        ``$5,000'' each place such term appears and inserting \n        ``$7,500''.\n            (2) Clerical amendment.--The paragraph heading for section \n        604(a)(3) of the Expedited Funds Availability Act is amended by \n        striking ``$5,000'' and inserting ``$7,500''.\n    (g) Adjustment for Small Deposit Availability.--\n            (1) In general.--Section 603(a)(2)(D) of of the Expedited \n        Funds Availability Act (12 U.S.C. 4002(a)(2)(D)) is amended by \n        striking ``$100'' and inserting ``$500''.\n            (2) Technical and conforming amendment.--The heading for \n        subparagraph (C) of section 603(b)(3) of the Expedited Funds \n        Availability Act (12 U.S.C. 4002(b)(3)(C)) is amended by \n        striking ``$100 availability'' and inserting ``Coordination \n        with other amount available''.\n    (h) Fees for Services not Requested.--Section 607 of the Expedited \nFunds Availability Act (12 U.S.C. 4006) is amended by inserting after \nsubsection (g) (as added by subsection (c) of this section) the \nfollowing new subsection:\n    ``(h) Fees for Services not Requested.--No depository institution \nmay impose any fee for paying any check drawn on an account in spite of \na lack of sufficient funds in the account to pay such check or any \nsimilar activity (commonly referred to as `bounce protection') unless \nthe accountholder has affirmatively requested such service.''.\n    (i) Clarification of Preemption.--Section 608 of the Expedited \nFunds Availability Act (12 U.S.C. 4007) is amended--\n            (1) in subsection (b)--\n                    (A) by inserting ``or (c)'' after ``subsection \n                (a)''; and\n                    (B) by inserting ``, but only to the extent of any \n                such inconsistency'' before the period at the end; and\n            (2) by adding at the end the following new subsection:\n    ``(c) Clarification of Inconsistency.--A State law shall not be \nconstrued as inconsistent with this title, or any regulation prescribed \nunder this title, if the protection such law affords the consumer by \nsuch law is greater than the protection afforded by this title. For \npurposes of determining congressional intent with respect to \npreemption, the purpose of this title shall be construed to be the \nestablishment of a minimum basis of protection for the consumer and not \nthe creation of a uniform national rule.''.\n\nSEC. 4. RECREDIT FOR ALL CONSUMERS UNLESS SUBSTITUTE CHECKS ARE \n              PROVIDED WITHOUT COST UPON REQUEST.\n\n    Section 7(b) of the Checking for the 21st Century Act (12 U.S.C. \n5006(b)) is amended by adding at the end the following new paragraph:\n            ``(3) Fees for substitute checks.--If any bank that holds \n        the account of a consumer imposes any fee for producing a copy \n        of a substitute check for such consumer with respect to such \n        account, the expedited recredit process established under this \n        section shall be available for all charges initiated by check \n        against any such account regardless of whether a substitute \n        check was involved or was provided to the consumer.''.","title":""}
+{"_id":"c137","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Consumer Protection and Choice \nAct''.\n\nSEC. 2. DEFERRED PRESENTMENT TRANSACTION REQUIREMENTS.\n\n    (a) In General.--Chapter 2 of the Truth in Lending Act is amended \nby inserting after section 128A (15 U.S.C. 1638A) the following new \nsection:\n``Sec. 128B. Deferred presentment transaction requirements\n    ``(a) Prohibition on Deferred Presentment Transactions.--A deferred \npresentment transaction is prohibited except as authorized by this \nsection.\n    ``(b) Regulation of Deferred Presentment Transactions and Deferred \nPresentment Providers.--If the Director of the Bureau determines that a \nState has in effect a covered deferred presentment law, any regulations \nof the Bureau with respect to deferred presentment transactions and \ndeferred presentment providers shall not apply in such State.\n    ``(c) Covered Deferred Presentment Law Defined.--For purposes of \nthis section, the term `covered deferred presentment law' means a law \nor regulation of a State that provides for the licensing of deferred \npresentment providers and the regulation of deferred presentment \ntransactions, which may be accomplished through existing State \nauthority, and that meets the following requirements:\n            ``(1) Database.--The law or regulation must establish a \n        database of deferred presentment transactions to assist \n        deferred presentment providers with complying with the \n        requirements of this section, which may be operated by a \n        private company selected by the State.\n            ``(2) Deferred presentment provider requirements.--The law \n        or regulation must require a deferred presentment provider to--\n                    ``(A) be licensed by the State;\n                    ``(B) provide to the State the results of a \n                background check, including fingerprinting, of each \n                officer and principal of the deferred presentment \n                provider;\n                    ``(C) secure a copy of a valid State-issued form of \n                identification from a consumer before entering into a \n                deferred presentment transaction;\n                    ``(D) verify through the State deferred presentment \n                transaction database that a consumer entering into a \n                deferred presentment transaction with the deferred \n                presentment provider--\n                            ``(i) does not have an outstanding deferred \n                        presentment transaction; and\n                            ``(ii) did not have an outstanding deferred \n                        presentment transaction within the previous 24-\n                        hour period; and\n                    ``(E) report to the State deferred presentment \n                transaction database operator immediately--\n                            ``(i) upon entering into a deferred \n                        presentment transaction agreement--\n                                    ``(I) the name of the consumer that \n                                provided a check or other payment \n                                instrument for deferred presentment;\n                                    ``(II) the consumer's social \n                                security number or employment \n                                authorization alien number;\n                                    ``(III) the consumer's address;\n                                    ``(IV) the consumer's driver's \n                                license number or identifier from other \n                                valid State-issued form of \n                                identification;\n                                    ``(V) the amount of the deferred \n                                presentment transaction;\n                                    ``(VI) the date such deferred \n                                presentment transaction is made and the \n                                date on which repayment of the deferred \n                                presentment transaction is due; and\n                                    ``(VII) such other information as \n                                the State determines appropriate; and\n                            ``(ii) upon repayment by the consumer of \n                        the amount owed under a deferred presentment \n                        transaction agreement or after such deferred \n                        presentment transaction agreement is otherwise \n                        settled, the date and time on which the amount \n                        owed under such deferred presentment \n                        transaction agreement is satisfied.\n            ``(3) Deferred presentment transaction agreement \n        requirements.--The law or regulation must require that the \n        terms of a deferred presentment transaction agreement--\n                    ``(A) limit the total amount of all interest and \n                fees that may be charged to a consumer by a deferred \n                presentment provider with respect to a deferred \n                presentment transaction to no more than 10 percent of \n                the amount of such a deferred presentment transaction \n                and no more than a $5 processing fee;\n                    ``(B) limit the duration of the deferred \n                presentment transaction to a period no longer than 31 \n                days or less than 7 days;\n                    ``(C) limit the amount of the deferred presentment \n                transaction to no more than $500, exclusive of allowed \n                fees;\n                    ``(D) be in writing;\n                    ``(E) provide that the consumer shall--\n                            ``(i) have the right to rescind any \n                        deferred presentment transaction agreement \n                        within the first 24 hours of the deferment \n                        period; and\n                            ``(ii) pay any allowable processing fee \n                        regardless of such rescission; and\n                    ``(F) include such other information as the State \n                determines to be appropriate.\n            ``(4) Treatment of past-due amounts.--The law or regulation \n        must require that if a consumer fails to repay the amount due \n        pursuant to a deferred presentment transaction agreement by the \n        contractual repayment date, a deferred presentment provider \n        shall provide an additional 60-day grace period, without any \n        additional charge, for the consumer to repay such amount before \n        the deferred presentment provider may request payment for the \n        check or other payment instrument or pursue other civil \n        remedies, subject to the conditions that the grace period \n        will--\n                    ``(A) terminate immediately if, before the end of \n                the 7-day period beginning on the date of the \n                contractual repayment date, the consumer failed to make \n                an appointment to attend a course with a consumer \n                credit counseling agency and inform the deferred \n                presentment provider of such appointment; and\n                    ``(B) be deemed to have terminated at the end of \n                the 7-day period beginning on the date of the \n                contractual repayment date if, before the end of the \n                60-day period beginning on the date of the contractual \n                repayment date, the consumer failed to complete a \n                course with a consumer credit counseling agency and \n                inform the deferred presentment provider of the \n                completion of such course.\n    ``(d) Compliance.--A deferred presentment transaction that complies \nwith the requirements of this section and applicable State law shall \nnot be considered to be an unfair, deceptive, or abusive act or \npractice.\n    ``(e) Effective Date.--The requirements of this section shall take \neffect on the date that is 24 months after the date of the enactment of \nthis section.\n    ``(f) Definitions.--For purposes of this section:\n            ``(1) Deferment period.--The term `deferment period' means \n        the number of days a deferred presentment provider agrees to \n        wait before depositing, presenting, or redeeming a consumer's \n        check or other payment instrument under a deferred presentment \n        transaction agreement.\n            ``(2) Deferred presentment provider.--The term `deferred \n        presentment provider' means a person who holds a license to be \n        a deferred presentment provider in the State in which a \n        deferred presentment transaction agreement is entered into and \n        who provides currency or other payment instrument to a consumer \n        as part of a deferred presentment transaction.\n            ``(3) Deferred presentment transaction.--The term `deferred \n        presentment transaction' means a transaction in which currency \n        or other payment instrument is provided to a consumer in \n        exchange for a consumer's check or other payment instrument and \n        an agreement that such consumer's check or other payment \n        instrument shall be held for a deferment period prior to \n        presentment, deposit, or redemption.\n            ``(4) Deferred presentment transaction agreement.--The term \n        `deferred presentment transaction agreement' means the \n        underlying agreement establishing a deferred presentment \n        transaction.\n            ``(5) Other payment instrument.--The term `other payment \n        instrument' means a draft, warrant, money order, traveler's \n        check, or electronic instrument (other than currency).\n            ``(6) State.--The term `State' means each of the several \n        States, the District of Columbia, and each territory and \n        possession of the United States.\n            ``(7) State deferred presentment transaction database.--The \n        term `State deferred presentment transaction database' means \n        the database established by the State that issued the \n        consumer's form of identification.''.\n    (b) Clerical Amendment.--The table of contents at the beginning of \nchapter 2 of the Truth in Lending Act is amended by inserting after the \nitem relating to section 128A the following new item:\n\n``128B. Deferred presentment transaction requirements.''.\n\nSEC. 3. MORATORIUM AND SAFE HARBOR.\n\n    (a) Moratorium.--The Bureau of Consumer Financial Protection may \nnot promulgate or enforce any regulation related to deferred \npresentment providers with respect to deferred presentment transactions \nduring the 24-month period beginning on the date of enactment of this \nAct.\n    (b) Safe Harbor.--The Bureau of Consumer Financial Protection may \nnot impose any additional requirements related to deferred presentment \nproviders with respect to deferred presentment transactions in a State \nif such State has enacted a covered deferred presentment law by the \neffective date in subsection (e) of section 128B of the Truth in \nLending Act, as added by section 2(a).\n    (c) Payday Loans.--The Bureau of Consumer Financial Protection--\n            (1) may not regulate payday loans during the 24-month \n        period beginning on the date of enactment of this Act; and\n            (2) may regulate payday loans in a State after such period \n        only if such State has not enacted a covered deferred \n        presentment law.\n    (d) Definitions.--For purposes of this section:\n            (1) TILA definitions.--The terms ``covered deferred \n        presentment law'', ``deferred presentment provider'', \n        ``deferred presentment transaction'', and ``State'' shall have \n        the meanings given such terms under section 128B of the Truth \n        in Lending Act, as added by section 2(a).\n            (2) Payday loan.--The term ``payday loan'' means a loan \n        described under section 1024(a)(1)(E) of Public Law 111-203 (12 \n        U.S.C. 5514(a)(1)(E)), except that such term does not include a \n        deferred presentment transaction.","title":""}
+{"_id":"c138","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Consumer and Community Choice in \nAccess Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) As cable, telecommunications and Internet lines of \n        business merge, cable operators are upgrading their cable \n        systems to offer 2-way communications on their cable networks, \n        including high-speed broadband access to the Internet.\n            (2) Upgraded cable systems are now offering Internet access \n        up to 1,000 times faster than traditional phone lines, and up \n        to 100 times faster than integrated services digital network \n        (``ISDN'') lines.\n            (3) Some cable operators are requiring their customers to \n        obtain broadband access only through their affiliated Internet \n        service provider (``ISP'').\n            (4) Citizens who need or desire Internet access through the \n        significantly faster cable network, but who choose not to use \n        the cable operators' affiliated ISP must pay twice (once to the \n        cable operator's ISP, once to their own ISP), in order to \n        access the ISP of their choice.\n            (5) Some in the cable industry, utilizing both their \n        affiliated ISP and considerable market power, will not allow \n        open and direct access to unaffiliated ISPs and their customers \n        via the broadband cable platform.\n            (6) The initial design of broadband cable modem Internet \n        access has also created technological barriers to open access \n        that need to be addressed.\n            (7) In their federally recognized roles as local cable \n        franchising authorities, local communities across the country \n        are now confronted with the question of whether to allow their \n        cable operators to restrict unaffiliated ISP from gaining \n        direct, open access to their customers on the regulated cable \n        network. In Oregon, the city of Portland and Multnomah County \n        have already faced this situation, and decided that the public \n        interest requires open access. This decision has been upheld by \n        a Federal court.\n            (8) However, some have expressed concern that allowing \n        localities the ability to promote competition by requiring open \n        access will delay the deployment of cable broadband Internet \n        access services.\n            (9) Local jurisdictions that choose to impose a \n        procompetitive open access requirement serve the important \n        public purpose of serving as ``laboratories'' for field trials \n        to develop true competition on the cable Internet gateway.\n            (10) Clearly, the possible development of a monopoly \n        bottleneck to high-speed Internet access is a critical public \n        policy issue that Congress, the Federal Communications \n        Commission, and local franchising authorities need to address.\n\nSEC. 3. NONDISCRIMINATORY REQUIREMENTS FOR INTERCONNECTION TO THE \n              INTERNET.\n\n    (a) Reallocation of Authority.--Section 624 of the Communications \nAct of 1934 (47 U.S.C. 544) is amended--\n            (1) in subsection (b)(1), by striking ``or other \n        information services''; and\n            (2) by adding at the end the following new subsection:\n    ``(j) Internet Access.--The Commission may require cable operators \nthat provide interconnection, using cable system facilities, with the \nInternet to offer such interconnection on terms and conditions that are \nfair, reasonable, and nondiscriminatory. Such requirements shall \ninclude the obligation to provide direct or indirect interconnection \nwith the facilities and equipment of any Internet service provider on \nterms and conditions that are functionally and economically equivalent \nto the interconnection provided to any other Internet service provider, \nwhether or not affiliated with the cable operator. If the Commission \ndetermines, after notice and comment, that a cable operator is not \ncomplying with such obligation, the Commission may establish the terms \nand conditions of such interconnection.''.\n\nSEC. 4. LEASED ACCESS AMENDMENT.\n\n    Section 612 of the Communications Act of 1934 (47 U.S.C. 532) is \namended--\n            (1) in subsection (b)(5), by inserting ``or other cable \n        service'' after ``provision of video programming'';\n            (2) in subsection (c)(2), by inserting ``or other cable \n        service'' after ``over any video programming''; and\n            (3) by adding at the end the following new subsection:\n    ``(k) Treatment of High-Speed Data Services.--Until the Commission \nestablishes open access or interconnection standards and obligations \nunder section 624(j), a service that provides high-speed data service \n(as such term is defined in regulations of the Commission) and that \nseeks to obtain channel capacity under this section may, \nnotwithstanding subsection (b)(5), be treated as seeking channel \ncapacity for a commercial use.''.\n\nSEC. 5. CLARIFICATION OF LIMITATION ON COMMON CARRIER REGULATION.\n\n    Section 621(c) of the Communications Act of 1934 (47 U.S.C. 541(c)) \nis amended by adding at the end the following new sentence: ``A \ntelecommunications service that is provided by a cable system is \nsubject to regulation as a common carrier service.''.\n\nSEC. 6. RULES OF CONSTRUCTION.\n\n    Nothing in this Act--\n            (1) restricts or limits the authority of a State or \n        franchising authority; or\n            (2) shall be construed to affect any civil action that is \n        pending in any Federal or State court on the date of enactment \n        of this Act.","title":""}
+{"_id":"c139","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Continued Participation Pension Act \nof 1996''.\n\nSEC. 2. CONTINUED PARTICIPATION IN DEFINED BENEFIT PLANS.\n\n    Part 2 of the Employee Retirement Income Security Act of 1974 (29 \nU.S.C. 1051 et seq.) is amended by redesignating section 211 as section \n212 and by inserting after section 210 (29 U.S.C. 1060) the following \nnew section:\n\n     ``continued participation in defined benefit plans for certain \n                              individuals\n\n    ``Sec. 211. (a) In General.--A defined benefit plan shall provide, \nin accordance with this section, that each qualified beneficiary who \nwould lose eligibility to accrue benefits under the plan as a result of \na qualifying event, may elect, within the election period, continued \nparticipation under the plan.\n    ``(b) Continued Participation.--For purposes of this section, the \nterm `continued participation' means continued accrual of benefits by a \nqualified beneficiary in accordance with section 204(b)(1), if the \nfollowing requirements are met:\n            ``(1) Determination of service.--A participant shall be \n        treated as having not incurred a break in service with the \n        employer or employers maintaining the plan. The period of \n        continued participation shall be deemed to constitute service \n        with the employer or employers maintaining the plan for the \n        purpose of determining the nonforfeitability of the qualified \n        beneficiary's accrued benefits and for the purpose of \n        determining the accrual of benefits. The period of continued \n        participation shall be deemed to be service with the employer \n        under the terms of the plan or any applicable collective \n        bargaining agreement.\n            ``(2) Terms of continued participation.--For purposes of \n        determining the amount of any liability and any obligation of \n        the plan, earnings and forfeitures shall not be included. In \n        the case of a multiemployer plan, any liability of the plan \n        described in this section shall be allocated--\n                    ``(A) by the plan in such manner as the sponsor \n                maintaining the plan shall provide; or\n                    ``(B) if the sponsor does not so provide, to the \n                last employer employing the person before the \n                qualifying event.\n            ``(3) Period of continued participation.--The period of \n        participation shall extend for the period beginning on the date \n        of the qualifying event and ending not earlier than the \n        earliest of the following:\n                    ``(A) Maximum required period.--The date on which \n                the participant reaches (or would have reached) normal \n                retirement age under the plan.\n                    ``(B) End of plan.--The date on which the employer \n                ceases to provide any defined benefit plan to any \n                employee.\n                    ``(C) Failure to pay contribution.--The date on \n                which benefits cease to accrue under the plan by reason \n                of a failure to make timely payment of any contribution \n                required under the plan with respect to the qualified \n                beneficiary.\n            ``(4) Contribution requirements.--\n                    ``(A) In general.--A qualified beneficiary electing \n                continued participation is liable to the defined \n                benefit plan for funding any obligation of the plan to \n                provide the benefits described in paragraph (1). The \n                plan shall allocate to qualified beneficiaries the \n                amount of applicable contribution attributable to \n                employer contributions and mandatory employee \n                contributions under the plan, in the same manner that \n                employer contributions and mandatory employee \n                contributions are allocated to similarly situated \n                beneficiaries with respect to whom a qualifying event \n                has not occurred. The plan shall provide for benefit \naccruals attributable to voluntary employee contributions only to the \nextent such benefit accruals attributable to such contributions were \navailable to the participant prior to the qualifying event. For \npurposes of computing the beneficiary's contributions, the participant \nshall be deemed to have received compensation during the period of \ncontinued participation, at the rate in effect prior to the occurrence \nof the qualifying event, as if the participant had continued in service \nunder the plan at the rate of 1,000 hours of work during any 12-month \nperiod.\n                    ``(B) Limitation.--For any period of continued \n                participation, the contribution made by the qualified \n                beneficiary--\n                            ``(i) shall not exceed 102 percent of the \n                        applicable contribution for such period, and\n                            ``(ii) may, at the election of the payor, \n                        be made in monthly installments.\n                In no event may the plan require the payment of any \n                contribution before the day which is 45 days after the \n                day on which the qualified beneficiary made the initial \n                election for continued participation.\n    ``(c) Election Period.--\n            ``(1) In general.--The election period--\n                    ``(A) begins not later than the date on which \n                benefits accrual would, but for continued participation \n                in accordance with the section, cease, and\n                    ``(B) is of at least 90 days' duration.\n            ``(2) Effect of election on other beneficiaries.--Except as \n        otherwise specified in an election, any election of continued \n        participation by a qualified beneficiary shall be deemed to \n        include an election of continued participation on behalf of any \n        other qualified beneficiary who would cease to be a beneficiary \n        under the plan by reason of the qualifying event.\n    ``(d) Exception for Certain Plans.--Subsection (a) shall not apply \nto any defined benefit plan for any calendar year if all employers \nmaintaining such plan normally employed fewer than 20 employees on a \ntypical business day during the preceding calendar year.\n    ``(e) Definitions.--For purposes of this section--\n            ``(1) Applicable contribution.--The applicable contribution \n        for any period of continued participation of qualified \n        beneficiaries shall be equal to the actuarial value of benefit \n        accruals attributable to the period of continued participation, \n        as determined under regulations of the Secretary.\n            ``(2) Qualified beneficiary.--The term `qualified \n        beneficiary' means any beneficiary under the plan on the day \n        before the qualifying event, including the participant in the \n        case of a qualifying event described in paragraph (3)(A).\n            ``(3) Qualifying event.--The term `qualifying event' means \n        any of the following events occurring within seven years of \n        attainment by the participant of normal retirement age, which, \n        but for the continued participation provided under this \n        section, would result in the cessation of benefit accruals of a \n        qualified beneficiary:\n                    ``(A) The termination (other than by reason of such \n                employee's gross misconduct), or reduction of hours, of \n                the participant's employment.\n                    ``(B) The death of the participant.''.\n\nSEC. 3. EFFECTIVE DATES.\n\n    (a) General Rule.--This Act shall apply to plan years beginning on \nor after July 1, 1996.\n    (b) Special Rule for Collective Bargaining Agreements.--In the case \nof a defined benefit plan maintained pursuant to one or more collective \nbargaining agreements between employee representatives and one or more \nemployers ratified before the date of the enactment of this Act, this \nsection shall not apply to plan years beginning before the later of--\n            (1) the date on which the last of the collective bargaining \n        agreements relating to the plan terminates (determined without \n        regard to any extension thereof agreed to after the date of the \n        enactment of this Act), or\n            (2) January 1, 2000.","title":""}
+{"_id":"c14","text":"SECTION 1. DEMONSTRATION PROGRAM ON ACCESSION OF CANDIDATES WITH \n              AUDITORY IMPAIRMENTS AS AIR FORCE OFFICERS.\n\n    (a) Demonstration Program Required.--Beginning not later than 90 \ndays after the date of the enactment of this Act, the Secretary of the \nAir Force shall carry out a demonstration program to assess the \nfeasibility and advisability of permitting individuals with auditory \nimpairments (including deafness) to access as officers of the Air \nForce.\n    (b) Candidates.--\n            (1) Number of candidates.--The total number of individuals \n        with auditory impairments who may participate in the \n        demonstration program shall be not fewer than 15 individuals or \n        more than 20 individuals.\n            (2) Mix and range of auditory impairments.--The individuals \n        who participate in the demonstration program shall include \n        individuals who are deaf and individuals who have a range of \n        other auditory impairments.\n            (3) Qualification for accession.--Any individual who is \n        chosen to participate in the demonstration program shall meet \n        all essential qualifications for accession as an officer in the \n        Air Force, other than those related to having an auditory \n        impairment.\n    (c) Selection of Participants.--\n            (1) In general.--The Secretary of the Air Force shall--\n                    (A) publicize the demonstration program nationally, \n                including to individuals who have auditory impairments \n                and would be otherwise qualified for officer training;\n                    (B) create a process whereby interested individuals \n                can apply for the demonstration program; and\n                    (C) select the participants for the demonstration \n                program, from among the pool of applicants, based on \n                the criteria in subsection (b).\n            (2) No prior service as air force officers.--Participants \n        selected for the demonstration program shall be individuals who \n        have not previously served as officers in the Air Force.\n    (d) Basic Officer Training.--\n            (1) In general.--The participants in the demonstration \n        program shall undergo, at the election of the Secretary of the \n        Air Force, the Basic Officer Training course or the \n        Commissioned Officer Training course at Maxwell Air Force Base, \n        Alabama.\n            (2) Number of participants.--Once individuals begin \n        participating in the demonstration program, each Basic Officer \n        Training course or Commissioned Officer Training course at \n        Maxwell Air Force Base, Alabama, shall include not fewer than \n        4, or more than 6, participants in the demonstration program \n        until all participants have completed such training.\n            (3) Auxiliary aids and services.--The Secretary of Defense \n        shall ensure that participants in the demonstration program \n        have the necessary auxiliary aids and services (as that term is \n        defined in section 4 of the Americans With Disabilities Act of \n        1990 (42 U.S.C. 12103)) in order to fully participate in the \n        demonstration program.\n    (e) Coordination.--\n            (1) Special advisor.--The Secretary of the Air Force shall \n        designate a special advisor to the demonstration program to act \n        as a resource for participants in the demonstration program, as \n        well as a liaison between participants in the demonstration \n        program and those providing the officer training.\n            (2) Qualifications.--The special advisor shall be a member \n        of the Armed Forces on active duty--\n                    (A) who--\n                            (i) if a commissioned officer, shall be in \n                        grade O-3 or higher; or\n                            (ii) if an enlisted member, shall be in \n                        grade E-5 or higher; and\n                    (B) who is knowledgeable about issues involving, \n                and accommodations for, individuals with auditory \n                impairments (including deafness).\n            (3) Responsibilities.--The special advisor shall be \n        responsible for facilitating the officer training for \n        participants in the demonstration program, intervening and \n        resolving issues and accommodations during the training, and \n        such other duties as the Secretary of the Air Force may assign \n        to facilitate the success of the demonstration program and \n        participants.\n    (f) Report.--Not later than two years after the date of the \nenactment of this Act, the Secretary of the Air Force shall submit to \nthe appropriate committees of Congress a report on the demonstration \nprogram. The report shall include the following:\n            (1) A description of the demonstration program and the \n        participants in the demonstration program.\n            (2) The outcome of the demonstration program, including--\n                    (A) the number of participants in the demonstration \n                program that successfully completed the Basic Officer \n                Training course or the Commissioned Officer Training \n                course;\n                    (B) the number of participants in the demonstration \n                program that were recommended for continued military \n                service;\n                    (C) the issues that were encountered during the \n                program; and\n                    (D) such recommendation for modifications to the \n                demonstration program as the Secretary considers \n                appropriate to increase further inclusion of \n                individuals with auditory disabilities serving as \n                officers in the Air Force or other Armed Forces.\n            (3) Such recommendations for legislative or administrative \n        action as the Secretary considers appropriate in light of the \n        demonstration program.\n    (g) Appropriate Committees of Congress Defined.--In this section, \nthe term ``appropriate committees of Congress'' means--\n            (1) the Committee on Armed Services, the Committee on \n        Health, Education, Labor, and Pensions, and the Committee on \n        Appropriations of the Senate; and\n            (2) the Committee on Armed Services and the Committee on \n        Appropriations of the House of Representatives.","title":""}
+{"_id":"c140","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Coordinated Recovery Initiative for \nBabies Act of 2014'' or the ``CRIB Act of 2014''.\n\nSEC. 2. IDENTIFICATION, TREATMENT, AND SURVEILLANCE OF NEONATAL \n              ABSTINENCE SYNDROME.\n\n    (a) Study.--The Secretary of Health and Human Services (in this Act \nreferred to as the ``Secretary'') shall conduct a study to identify--\n            (1) the most effective and beneficial methods that are \n        currently available to identify the need for treating and best \n        treatment methods for, infants diagnosed with neonatal \n        abstinence syndrome;\n            (2) barriers, including associated costs and limitations or \n        disparities in the availability or scope of health insurance \n        coverage, that may hinder the clinical use of best practices by \n        medical professionals and other health care providers for the \n        identification and treatment of neonatal abstinence syndrome;\n            (3) circumstances, such as populations with unique needs \n        and health care settings with limited resources, that may \n        require particularized best practices for medical professionals \n        and other health care providers for the identification and \n        treatment of neonatal abstinence syndrome;\n            (4) existing surveillance measures within the Department of \n        Health and Human Services (in this Act referred to as the \n        ``Department'') and in State health agencies relating to \n        neonatal abstinence syndrome; and\n            (5) areas in which information on neonatal abstinence \n        syndrome and its surrounding circumstances is insufficient, \n        incomplete, or requires further study or analysis.\n    (b) Advisory Panel.--\n            (1) Establishment.--The Secretary shall convene an advisory \n        panel (in this section referred to as the ``Panel'') to \n        identify and compile the best practices under subsection (c). \n        The Secretary shall reconvene the Panel for such purpose \n        whenever the Secretary, with the advice of the Panel, \n        determines updates are needed to the list of best practices \n        under subsection (e), but no less than every 2 years.\n            (2) Members.--The Panel shall be composed of 19 members, \n        all of whom shall be medical professionals or health care \n        providers with expertise in neonatal abstinence syndrome. \n        Members shall represent the broad range of such professionals \n        and providers necessary to identify and compile the best \n        practices for identification and treatment of neonatal \n        abstinence syndrome, including representatives of--\n                    (A) The American Academy of Family Physicians.\n                    (B) The American Academy of Pediatrics.\n                    (C) The American Academy of Physician Assistants.\n                    (D) The American College of Nurse-Midwives.\n                    (E) The American College of Obstetricians and \n                Gynecologists.\n                    (F) The American Hospital Association.\n                    (G) The American Medical Association.\n                    (H) The American Nurses Association.\n                    (I) The American Pharmacists Association.\n                    (J) The American Public Health Association.\n                    (K) The American Society for Addiction Medicine.\n                    (L) The American Society of Anesthesiologists.\n                    (M) The Association of State and Territorial Health \n                Professionals.\n                    (N) The Association of Women's Health, Obstetric, \n                and Neonatal Nurses.\n                    (O) The Children's Hospital Association.\n                    (P) The National Association of Medicaid Directors.\n                    (Q) The National Association of Nurse Practitioners \n                in Women's Health.\n                    (R) The National Association of Pediatric Nurse \n                Practitioners.\n                    (S) The National Association of Social Workers.\n            (3) Administrative support.--The Secretary shall provide \n        appropriate administrative support, including technical \n        assistance, to the Panel.\n    (c) Best Practices; Plan; Report.--Not later than 12 months after \nthe date of enactment of this Act, the Secretary shall--\n            (1)(A) identify and compile the best practices for medical \n        professionals and other health care providers for identifying \n        and treating neonatal abstinence syndrome; and\n            (B) identify any gaps in best practices for medical \n        professionals and other health care providers that may require \n        additional research or analysis;\n            (2) develop and implement a plan for the coordination and, \n        if necessary, expansion and enhancement of public health \n        surveillance of neonatal abstinence syndrome that--\n                    (A) identifies the data necessary for a public \n                health response to neonatal abstinence syndrome;\n                    (B) identifies any gaps in current surveillance or \n                coordination that results in the lack of collection of \n                such data, including a lack of timeliness or \n                standardization of data reporting;\n                    (C) makes recommendations and provides assistance \n                to the States to implement effective measures to \n                collect such necessary data by State health agencies; \n                and\n                    (D) designates an appropriate agency in the \n                Department to coordinate such data; and\n            (3) not later than 18 months after the date of enactment of \n        this Act, submit to the Congress a report containing the \n        Secretary's findings and identifying issues that--\n                    (A) relate to neonatal abstinence syndrome, \n                including its causes, identification, treatment, \n                prevalence, and effects; and\n                    (B) public health issues related to neonatal \n                abstinence syndrome that would benefit from further \n                study.\n    (d) Dissemination of Best Practices.--The Secretary--\n            (1) shall disseminate the best practices identified and \n        compiled under subsection (c), including any updates under \n        subsection (e), directly or through arrangements with nonprofit \n        organizations, government agencies, or the media;\n            (2) shall post such best practices on the public Internet \n        site of the Department; and\n            (3) may include in such dissemination any supplemental \n        information which the Secretary determines to be relevant and \n        appropriate, in consultation with the Panel.\n    (e) Updates to Best Practices.--The Secretary shall periodically, \nbut no less often than every 2 years, review the best practices \nidentified under subsection (c) to ensure that such best practices are \nup-to-date and reflect the views of the medical community, including \norganizations listed in subsection (b)(2).\n    (f) Appropriate Agency.--In designating an appropriate agency \nwithin the Department under subsection (c), the Secretary shall \nconsider, among other factors, agency resources, purpose, expertise, \nand capability to conduct public health programs and research.","title":""}
+{"_id":"c141","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Copper Valley Native Allotment \nResolution Act of 2007''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) Association.--The term ``Association'' means the Copper \n        Valley Electric Association.\n            (2) Native allotment.--\n                    (A) In general.--The term ``Native allotment'' \n                means--\n                            (i) each of the following allotments issued \n                        under the Act of May 17, 1906 (34 Stat. 197, \n                        chapter 2469):\n                                    (I) A-031653.\n                                    (II) A-043380.\n                                    (III) A-046337.\n                                    (IV) AA-5896.\n                                    (V) AA-6014, Parcel B.\n                                    (VI) AA-6034.\n                                    (VII) AA-7059.\n                                    (VIII) AA-7242, Parcel B.\n                                    (IX) AA-7336.\n                                    (X) AA-7552.\n                                    (XI) AA-7553.\n                                    (XII) AA-7554.\n                                    (XIII) AA-7600.\n                                    (XIV) AA-8032; and\n                            (ii) any allotment for which a patent or \n                        Certificate of Allotment has been issued under \n                        the Act of May 17, 1906 (34 Stat. 197, chapter \n                        2469) across which the Association maintains an \n                        electric transmission line on the date of \n                        enactment of this Act.\n                    (B) Exclusions.--The term ``Native allotment'' does \n                not include any allotment to which the Secretary has \n                approved the grant of a right of way or issued a patent \n                or Certificate of Allotment that is subject to a right \n                of way held by the Association.\n            (3) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n            (4) State.--The term ``State'' means the State of Alaska.\n\nSEC. 3. ELECTRIC TRANSMISSION LINE RIGHTS-OF-WAY.\n\n    (a) In General.--There is granted to the Association rights-of-way \nacross the Native allotments for an electric transmission line owned by \nthe Association.\n    (b) Width.--After considering any information provided by the \nAssociation, allottee, or any other source that the Secretary \ndetermines to be relevant, the Secretary shall determine an accurate \nlegal description of the rights-of-way, the nature of the rights \ngranted, and the widths of the rights-of-way granted by subsection (a).\n    (c) Certain Agreements.--Notwithstanding any other provision of \nthis Act, this Act does not apply to land owned by Ahtna, Inc. and any \nprior or current right-of-way agreements that may exist between Ahtna, \nInc. and the Copper Valley Electric Association or the State.\n    (d) Compensation.--\n            (1) In general.--The Secretary shall--\n                    (A) appraise the value of the rights-of-way granted \n                under subsection (a);\n                    (B) pay to any owner of a Native allotment or, if \n                the owner is deceased, an heir or assign of the owner, \n                compensation for the grant of a right-of-way over the \n                Native allotment in an amount determined under \n                paragraph (2);\n                    (C) issue recordable instruments that indicate the \n                location of the rights-of-way over the Native \n                allotments;\n                    (D) provide written notice of the compensation \n                procedure for the rights-of-way to--\n                            (i) the owner of record for each Native \n                        allotment; or\n                            (ii) if the owner of record is deceased, \n                        the heir or assign of the owner of record; and\n                    (E) publish in the Federal Register and any \n                newspaper of general circulation within the service \n                area of the Association and location of the relevant \n                allotment--\n                            (i) notice of the compensation procedure \n                        established by this subsection; and\n                            (ii) with respect to a Native allotment \n                        described in section 2(2)(A)(ii), the location \n                        of the right-of-way, as prepared by the \n                        Association and provided to the Secretary, in \n                        accordance with any requirements established by \n                        the Secretary.\n            (2) Calculation of payments.--\n                    (A) In general.--For purposes of calculating the \n                amount of compensation required under paragraph (1)(B), \n                the Secretary shall determine, with respect to a \n                portion of a Native allotment encumbered by a right-of-\n                way--\n                            (i) compensation for each right-of-way \n                        based on an appraisal conducted in conformity \n                        with the version of the Uniform Appraisal \n                        Standards for Federal Land Acquisitions that is \n                        correct as of the date of the compensation \n                        proceeding; and\n                            (ii) interest calculated based on the \n                        section 3116 of title 40, United States Code.\n                    (B) Date of valuation.--For purposes of \n                subparagraph (A), the date of valuation of the \n                acquisition by the Association of each right-of-way \n                shall be considered to be the date of enactment of this \n                Act.\n            (3) Judicial review.--Notwithstanding any other provision \n        of law, judicial review under this subsection shall be limited \n        to a review of the determination of the Secretary under \n        paragraph (2) regarding the compensation for a right-of-way \n        over a Native allotment.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated such sums as are necessary \nto carry out this Act.\n\n            Passed the House of Representatives April 17, 2007.\n\n            Attest:\n\n                                            LORRAINE C. MILLER,\n\n                                                                 Clerk.","title":""}
+{"_id":"c142","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Cosmetology Tax Fairness and \nCompliance Act of 2003''.\n\nSEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID \n              WITH RESPECT TO EMPLOYEE TIPS.\n\n    (a) Expansion of Credit to Other Lines of Business.--Paragraph (2) \nof section 45B(b) of the Internal Revenue Code of 1986 is amended to \nread as follows:\n            ``(2) Application only to certain lines of business.--In \n        applying paragraph (1), there shall be taken into account only \n        tips received from customers or clients in connection with--\n                    ``(A) the providing, delivering, or serving of food \n                or beverages for consumption if the tipping of \n                employees delivering or serving food or beverages by \n                customers is customary, or\n                    ``(B) the providing of any cosmetology service for \n                customers or clients at a facility licensed to provide \n                such service if the tipping of employees providing such \n                service is customary.''\n    (b) Definition of Cosmetology Service.--Section 45B of such Code is \namended by redesignating subsections (c) and (d) as subsections (d) and \n(e), respectively, and by inserting after subsection (b) the following \nnew subsection:\n    ``(c) Cosmetology Service.--For purposes of this section, the term \n`cosmetology service' means--\n            ``(1) hairdressing,\n            ``(2) haircutting,\n            ``(3) manicures and pedicures,\n            ``(4) body waxing, facials, mud packs, wraps, and other \n        similar skin treatments, and\n            ``(5) any other beauty related service provided at a \n        facility at which a majority of the services provided (as \n        determined on the basis of gross revenue) are described in \n        paragraphs (1) through (4).''\n    (c) Effective Date.--The amendments made by this section shall \napply to tips received for services performed after December 31, 2003.\n\nSEC. 3. INFORMATION REPORTING AND TAXPAYER EDUCATION FOR PROVIDERS OF \n              COSMETOLOGY SERVICES.\n\n    (a) In General.--Subpart B of part III of subchapter A of chapter \n61 of the Internal Revenue Code of 1986 is amended by inserting after \nsection 6050T the following new section:\n\n``SEC. 6050U. RETURNS RELATING TO COSMETOLOGY SERVICES AND INFORMATION \n              TO BE PROVIDED TO COSMETOLOGISTS.\n\n    ``(a) In General.--Every person (referred to in this section as a \n`reporting person') who--\n            ``(1) employs 1 or more cosmetologists to provide any \n        cosmetology service,\n            ``(2) rents a chair to 1 or more cosmetologists to provide \n        any cosmetology service on at least 5 calendar days during a \n        calendar year, or\n            ``(3) in connection with its trade or business or rental \n        activity, otherwise receives compensation from, or pays \n        compensation to, 1 or more cosmetologists for the right to \n        provide cosmetology services to, or for cosmetology services \n        provided to, third-party patrons,\nshall comply with the return requirements of subsection (b) and the \ntaxpayer education requirements of subsection (c).\n    ``(b) Return Requirements.--The return requirements of this \nsubsection are met by a reporting person if the requirements of each of \nthe following paragraphs applicable to such person are met.\n            ``(1) Employees.--In the case of a reporting person who \n        employs 1 or more cosmetologists to provide cosmetology \n        services, the requirements of this paragraph are met if such \n        person meets the requirements of sections 6051 (relating to \n        receipts for employees) and 6053(b) (relating to tip reporting) \n        with respect to each such employee.\n            ``(2) Independent contractors.--In the case of a reporting \n        person who pays compensation to 1 or more cosmetologists (other \nthan as employees) for cosmetology services provided to third-party \npatrons, the requirements of this paragraph are met if such person \nmeets the applicable requirements of section 6041 (relating to returns \nfiled by persons making payments of $600 or more in the course of a \ntrade or business), section 6041A (relating to returns to be filed by \nservice-recipients who pay more than $600 in a calendar year for \nservices from a service provider), and each other provision of this \nsubpart that may be applicable to such compensation.\n            ``(3) Chair renters.--\n                    ``(A) In general.--In the case of a reporting \n                person who receives rent or other fees or compensation \n                from 1 or more cosmetologists for use of a chair or for \n                rights to provide any cosmetology service at a salon or \n                other similar facility for more than 5 days in a \n                calendar year, the requirements of this paragraph are \n                met if such person--\n                            ``(i) makes a return, according to the \n                        forms or regulations prescribed by the \n                        Secretary, setting forth the name, address, and \n                        TIN of each such cosmetologist and the amount \nreceived from each such cosmetologist, and\n                            ``(ii) furnishes to each cosmetologist \n                        whose name is required to be set forth on such \n                        return a written statement showing--\n                                    ``(I) the name, address, and phone \n                                number of the information contact of \n                                the reporting person,\n                                    ``(II) the amount received from \n                                such cosmetologist, and\n                                    ``(III) a statement informing such \n                                cosmetologist that (as required by this \n                                section), the reporting person has \n                                advised the Internal Revenue Service \n                                that the cosmetologist provided \n                                cosmetology services during the \n                                calendar year to which the statement \n                                relates.\n                    ``(B) Method and time for providing statement.--The \n                written statement required by clause (ii) of \n                subparagraph (A) shall be furnished (either in person \n                or by first-class mail which includes adequate notice \n                that the statement or information is enclosed) to the \n                person on or before January 31 of the year following \n                the calendar year for which the return under clause (i) \n                of subparagraph (A) is to be made.\n    ``(c) Taxpayer Education Requirements.--In the case of a reporting \nperson who is required to provide a statement pursuant to subsection \n(b), the requirements of this subsection are met if such person \nprovides to each such cosmetologist annually a publication, as \ndesignated by the Secretary, describing--\n            ``(1) in the case of an employee, the tax and tip reporting \n        obligations of employees, and\n            ``(2) in the case of a cosmetologist who is not an employee \n        of the reporting person, the tax obligations of independent \n        contractors or proprietorships.\nThe publications shall be furnished either in person or by first-class \nmail which includes adequate notice that the publication is enclosed.\n    ``(d) Definitions.--For purposes of this section--\n            ``(1) Cosmetologist.--\n                    ``(A) In general.--The term `cosmetologist' means \n                an individual who provides any cosmetology service.\n                    ``(B) Anti-avoidance rule.--The Secretary may by \n                regulation or ruling expand the term `cosmetologist' to \n                include any entity or arrangement if the Secretary \n                determines that entities are being formed to circumvent \n                the reporting requirements of this section.\n            ``(2) Cosmetology service.--The term `cosmetology service' \n        has the meaning given to such term by section 45B(c).\n            ``(3) Chair.--The term `chair' includes a chair, booth, or \n        other furniture or equipment from which an individual provides \n        a cosmetology service (determined without regard to whether the \n        cosmetologist is entitled to use a specific chair, booth, or \n        other similar furniture or equipment or has an exclusive right \n        to use any such chair, booth, or other similar furniture or \n        equipment).\n    ``(e) Exceptions for Certain Employees.--Subsection (c) shall not \napply to a reporting person with respect to an employee who is employed \nin a capacity for which tipping (or sharing tips) is not customary.''\n    (b) Conforming Amendments.--\n            (1) Section 6724(d)(1)(B) of such Code (relating to the \n        definition of information returns) is amended by redesignating \n        clauses (xii) through (xviii) as clauses (xiii) through (xix), \n        respectively and by inserting after clause (xi) the following \n        new clause:\n                            ``(xii) section 6050U(a) (relating to \n                        returns by cosmetology service providers).''\n            (2) Section 6724(d)(2) of such Code is amended by striking \n        ``or'' at the end of subparagraph (AA), by striking the period \n        at the end of subparagraph (BB) and inserting ``, or'', and by \n        inserting after subparagraph (BB) the following new \n        subparagraph:\n                    ``(CC) subsections (b)(3)(A)(ii) and (c) of section \n                6050U (relating to cosmetology service providers) even \n                if the recipient is not a payee.''\n            (3) The table of sections for subpart B of part III of \n        subchapter A of chapter 61 of the Internal Revenue Code of 1986 \n        is amended by adding after section 6050T the following new \n        item:\n\n                              ``Sec. 6050U Returns relating to \n                                        cosmetology services and \n                                        information to be provided to \n                                        cosmetologists.''\n    (c) Effective Date.--The amendments made by this section shall \napply to calendar years after 2003.","title":""}
+{"_id":"c143","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Curecanti National Recreation Area \nBoundary Establishment Act of 2010''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Since 1965, the National Park Service has been co-\n        managing the Curecanti National Recreation Area under \n        agreements with the Bureau of Reclamation.\n            (2) The Curecanti National Recreation Area has never been \n        legislatively established.\n            (3) Public Law 106-76 directed the National Park Service to \n        conduct a study to assess the natural, cultural, recreational, \n        and scenic resources within and surrounding Curecanti National \n        Recreation Area, and to identify and recommend a variety of \n        alternatives and tools to protect those resource values and the \n        character of the land.\n            (4) The Curecanti National Recreation Area includes an \n        abundance of natural, historic, and archeological features in a \n        setting of canyons, pinnacles, cliffs, and mesas, offering the \n        public opportunities for recreation and reflection within its \n        scenic landscape.\n            (5) The National Park Service, in cooperation with the \n        Bureau of Reclamation, completed the Curecanti Resource \n        Protection Study\/EIS, and prepared a Report to Congress, \n        October 2009, which recommends that Congress pass enabling \n        legislation for the National Recreation Area.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Map.--The term ``map'' means the map entitled ``Map to \n        Establish Curecanti National Recreation Area'', numbered 616\/\n        100485, and dated March 5, 2010.\n            (2) National recreation area.--The term ``national \n        recreation area'' means the Curecanti National Recreation Area, \n        established in section 4.\n            (3) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n\nSEC. 4. CURECANTI NATIONAL RECREATION AREA, COLORADO.\n\n    (a) Establishment.--There is established the Curecanti National \nRecreation Area in the State of Colorado, as a unit of the National \nPark System, consisting of approximately 51,830 acres, as generally \ndepicted on the map.\n    (b) Conservation Opportunity Area.--There is established a \nconservation opportunity area, consisting of approximately 24,300 \nacres, as generally depicted on the map.\n    (c) Availability of Map.--The map shall be on file and available \nfor public inspection in the appropriate offices of the National Park \nService.\n\nSEC. 5. ADMINISTRATION OF NATIONAL RECREATION AREA.\n\n    (a) In General.--The Secretary shall administer the national \nrecreation area in accordance with this Act, the cooperative agreements \ndescribed in this section, and with laws and regulations generally \napplicable to units of the National Park System, including the National \nPark Service Organic Act (39 Stat. 535, 16 U.S.C. 1).\n    (b) Dam, Power Plant, and Reservoir Management and Operations.--\nNothing in this Act shall affect or interfere with the authority of the \nSecretary under--\n            (1) the National Reclamation Act (Public Law 57-161; Stat. \n        388), as amended and supplemented, to operate the Uncompahgre \n        Valley Reclamation Project; or\n            (2) Public Law 84-485, as amended and supplemented, to \n        operate the Wayne N. Aspinall Unit of the Colorado River \n        Storage Project.\n    (c) Cooperative Agreements.--\n            (1) In general.--The Secretary may enter into, or modify \n        existing, management agreements involving the National Park \n        Service, the Bureau of Reclamation, the Bureau of Land \n        Management, or the Forest Service to manage Federal lands \n        within the boundary of the national recreation area.\n            (2) State lands.--The Secretary may enter into cooperative \n        management agreements for any lands administered by the State \n        of Colorado that are within or adjacent to the national \n        recreation area, pursuant to the cooperative management \n        authority found in section 802(a) of the National Parks Omnibus \n        Management Act of 1998 (Public Law 105-391).\n    (d) Recreational Activities.--The Secretary shall allow boating, \nboating-related activities, hunting, and fishing within the national \nrecreation area in accordance with applicable Federal and State laws. \nThe Secretary may designate zones where, and establish periods when, no \nboating, hunting, or fishing shall be permitted for reasons of public \nsafety.\n    (e) Conservation Opportunity Area.--Within the boundaries of the \nconservation opportunity area established under this Act, the Secretary \nis authorized to acquire lands, or interests in lands, including \nconservation easements from willing sellers, and to provide technical \nassistance to landowners in order to conserve resources and values \nidentified as important to the national recreation area on lands that \nare outside but adjacent to the national recreation area.\n    (f) Withdrawal.--Subject to valid existing rights, all Federal \nlands within the national recreation area are withdrawn from all forms \nof entry, appropriation, or disposal under the public land laws; from \nlocation, entry, and patent under the mining laws; and from disposition \nunder all laws relating to mineral and geothermal leasing, and all \namendments thereto.\n    (g) Grazing.--\n            (1) State or private lands.--On State or private lands \n        acquired for the national recreation area on which authorized \n        grazing is occurring on the date of enactment of this Act, the \n        Secretary, in consultation with the lessee, may allow the \n        continuation of grazing on the land by the lessee at the time \n        of acquisition, subject to applicable law (including \n        regulations).\n            (2) Federal land.--Where grazing is allowed on land that is \n        Federal land on the date of the enactment of this section and \n        is located within the boundary of the national recreation area, \n        the Secretary is authorized to allow the continuation of such \n        grazing unless the Secretary determines that grazing would harm \n        the resources or values of the national recreation area.\n            (3) Termination of leases.--Nothing in this section shall \n        prohibit the Secretary from accepting the voluntary termination \n        of leases or permits for grazing within the national recreation \n        area.\n\nSEC. 6. ACQUISITION OF PROPERTY AND BOUNDARY MANAGEMENT.\n\n    (a) In General.--The Secretary is authorized to acquire from \nwilling sellers lands, or interests in lands, within the boundary of \nthe national recreation area or the conservation opportunity area \nnecessary for effective management of the national recreation area. \nLands acquired within the conservation opportunity area shall be added \nto the national recreation area and the boundary of the national \nrecreation area shall be adjusted accordingly.\n    (b) Acquisition.--Lands identified in subsection (a) may be \nacquired by donation, purchase with donated or appropriated funds, \ntransfer from another Federal agency, or exchange. Lands or interests \nin lands owned by the State of Colorado, or a political subdivision \nthereof, may only be acquired by donation or exchange.\n    (c) Exchanges.--For purposes of management efficiency and expanded \nrecreational opportunities, the Secretary is authorized to conduct land \nexchanges with the Secretary of Agriculture and between the National \nPark Service and the Bureau of Land Management.\n    (d) Transfer of Administrative Jurisdiction.--The Secretary of \nAgriculture and the Bureau of Land Management shall transfer, without \nconsideration, administrative jurisdiction for lands to be added to the \nnational recreation area, as shown on the map, to the National Park \nService. The boundary of the Gunnison National Forest shall be modified \nto reflect the transfer of administrative jurisdiction from the \nSecretary of Agriculture.\n\nSEC. 7. GENERAL MANAGEMENT PLAN.\n\n    (a) In General.--Not later than 3 years after the date on which \nfunds are made available to carry out this Act, the National Park \nService, in consultation with the Bureau of Reclamation, shall prepare \na general management plan for the national recreation area.\n    (b) Inclusions.--The general management plan shall include, at a \nminimum--\n            (1) measures for the preservation of the resources of the \n        national recreation area;\n            (2) requirements for the type and extent of development and \n        use of the national recreation area;\n            (3) identification of visitor carrying capacities for the \n        national recreation area; and\n            (4) opportunities for involvement by the Bureau of \n        Reclamation, the Bureau of Land Management, the Forest Service, \n        the State of Colorado, and other local and national entities in \n        the formulation of educational and recreational programs for \n        the national recreation area and for developing and supporting \n        the national recreation area.","title":""}
+{"_id":"c144","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Cyber Scholarship Opportunities Act \nof 2017''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) A well-trained workforce is essential to meeting the \n        Nation's growing cybersecurity needs.\n            (2) A 2015 report by the National Academy of Public \n        Administration found that the United States faces a severe \n        shortage of properly trained and equipped cybersecurity \n        professionals.\n            (3) A 2015 study of the information security workforce \n        found that the information security workforce shortfall is \n        widening.\n            (4) The National Science Foundation's CyberCorps: \n        Scholarship-for-Service program is a successful effort to \n        support capacity building in institutions of higher education \n        and scholarships for students to pursue cybersecurity careers.\n\nSEC. 3. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.\n\n    Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. \n7442) is amended--\n            (1) in subsection (a), by adding at the end the following: \n        ``Scholarship recipients shall include eligible students who \n        are pursuing an associate's degree in a cybersecurity field \n        without the intent of transferring to a bachelor's degree \n        program and either have a bachelor's degree already or are \n        veterans of the Armed Forces.'';\n            (2) in subsection (d), by adding at the end the following: \n        ``In the case of a scholarship recipient who is pursuing a \n        doctoral or master's degree, such agreement may include (if \n        determined on a case-by-case basis by the Director of the \n        National Science Foundation to be appropriate and to further \n        the goals of the scholarship-for-service program) an agreement \n        for the recipient to work at an institution of higher education \n        or for a local educational agency teaching cybersecurity skills \n        for a period equal to the length of the scholarship following \n        receipt of such degree.'';\n            (3) in subsection (f)--\n                    (A) by striking paragraph (3) and inserting the \n                following:\n            ``(3) have demonstrated a high level of competency in \n        relevant knowledge, skills, and abilities, as described in the \n        national cybersecurity awareness and education program under \n        section 401;''; and\n                    (B) by striking paragraph (4) and inserting the \n                following:\n            ``(4) be a student in an eligible degree program at a \n        qualified institution of higher education, as determined by the \n        Director of the National Science Foundation, who is--\n                    ``(A) a full-time student; or\n                    ``(B) a student who is enrolled for study leading \n                to a degree on a less than full-time basis but not less \n                than half-time basis; and'';\n            (4) by striking subsection (m) and inserting the following:\n    ``(m) Evaluation and Report.--\n            ``(1) In general.--The Director of the National Science \n        Foundation shall evaluate and make public, in a manner that \n        protects the personally identifiable information of scholarship \n        recipients, information on the success of recruiting \n        individuals for scholarships under this section and on hiring \n        and retaining those individuals in the public sector workforce, \n        including on--\n                    ``(A) placement rates;\n                    ``(B) where students are placed;\n                    ``(C) student salary ranges for students not \n                released from obligations under this section;\n                    ``(D) how long after graduation they are placed;\n                    ``(E) how long they stay in the positions they \n                enter upon graduation;\n                    ``(F) how many students are released from \n                obligations;\n                    ``(G) what (if any) remedial training needs are \n                required; and\n                    ``(H) the number of determinations permitting \n                scholarship recipients to fulfill their obligations at \n                an institution of higher education or local educational \n                agency pursuant to subsection (d) or in a critical \n                infrastructure position pursuant to subsection (p)(1), \n                and the reason for each such determination.\n            ``(2) Regular reports.--The Director of the National \n        Science Foundation shall submit to Congress a report containing \n        the information described in paragraph (1) not later than 180 \n        days after the date of enactment of the Cyber Scholarship \n        Opportunities Act of 2017 and not less than once every 2 years \n        thereafter.''; and\n            (5) by adding at the end the following:\n    ``(n) Resources.--The Director of the National Science Foundation \nshall work with the Director of the Office of Personnel Management to \nestablish an online resource center for the CyberCorps community that \nconsolidates or eliminates other relevant websites, if possible. Such \nonline resource center shall--\n            ``(1) present up-to-date, accurate information about \n        existing scholarship programs and job opportunities;\n            ``(2) present a modernized view of cybersecurity careers;\n            ``(3) improve user friendliness; and\n            ``(4) allow prospective job applicants to search positions \n        by State, salary, and title.\n    ``(o) Cybersecurity at Kindergarten Through Grade 12 Level.--The \nDirector of the National Science Foundation, in coordination with other \nFederal agencies as necessary, shall carry out a program to grow and \nimprove cybersecurity education at the kindergarten through grade 12 \nlevel that--\n            ``(1) increases interest in cybersecurity careers;\n            ``(2) helps students practice correct and safe online \n        behavior and understand the foundational principles of \n        cybersecurity; and\n            ``(3) improves teaching methods for delivering \n        cybersecurity content for kindergarten through grade 12 \n        computer science curricula.\n    ``(p) Critical Infrastructure Protection.--Due to the need for \nskilled cybersecurity professionals to protect the Nation's critical \ninfrastructure, the Director of the National Science Foundation may--\n            ``(1) grant exceptions to students for fulfilling post-\n        award employment obligations under this section (on a case-by-\n        case basis and in coordination with other Federal agencies) who \n        agree to work in a critical infrastructure mission at a Federal \n        Government corporation or a State, local, or tribal government-\n        affiliated asset, system, or network that is considered to be \n        part of a critical infrastructure sector as described in \n        Presidential Policy Directive-21, issued February 12, 2013 \n        (related to critical infrastructure security and resilience), \n        or any successor; and\n            ``(2) develop a pilot program to enhance critical \n        infrastructure protection training for students pursuing \n        careers in cybersecurity.\n    ``(q) Studies.--The Director of the National Science Foundation, in \ncoordination with the Director of the Office of Personnel Management, \nshall assess--\n            ``(1) the potential benefits and feasibility of granting \n        scholarship awards under this section to students who do not \n        possess a bachelor's degree to pursue an associate's degree or \n        an industry-recognized credential in a cybersecurity field; and\n            ``(2) how scholarship recipients with an agreement to work \n        at an institution of higher education or local educational \n        agency are supporting the cyber workforce pipeline.''.","title":""}
+{"_id":"c145","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``DXM Abuse Prevention Act of 2016''.\n\nSEC. 2. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN.\n\n    (a) Prohibited Act.--Section 301 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 331) is amended by adding at the end the \nfollowing:\n    ``(eee) The failure of a retailer to implement a verification \nsystem as required by section 506G (relating to sales of over-the-\ncounter drugs containing dextromethorphan).''.\n    (b) Verification System.--The Federal Food, Drug, and Cosmetic Act \nis amended by inserting after section 506F of such Act (21 U.S.C. 356f) \nthe following:\n\n``SEC. 506G. SALES OF OVER-THE-COUNTER DRUGS CONTAINING \n              DEXTROMETHORPHAN.\n\n    ``(a) Verification System.--Any retailer selling or offering for \nsale in interstate commerce dextromethorphan shall implement a \nverification system to ensure compliance with this section. Such a \nsystem may ensure such compliance by means of--\n            ``(1) an electronic point-of-sale system coded to prompt \n        for verification of the age of all purchasers of drugs \n        described in subsection (b) and deny sales to those under the \n        age of 18;\n            ``(2) training manuals or materials instructing employees \n        to verify the age of all purchasers of such drugs and deny \n        sales to those under the age of 18;\n            ``(3) signage in and around the sales counter outlining the \n        age restriction on sales of such drugs;\n            ``(4) designating one on-duty employee to approve all sales \n        of such drugs; or\n            ``(5) any other verification measure deemed valid by the \n        Secretary.\n    ``(b) Prohibition.--Except as provided in subsection (c), each \nretailer shall verify that no individual is under 18 years of age who \npurchases any drug that--\n            ``(1) contains dextromethorphan; and\n            ``(2) is not subject to section 503(b)(1).\n    ``(c) Exceptions.--\n            ``(1) Individuals over 26.--Subsection (b) does not require \n        verification of the age of any individual over the age of 26.\n            ``(2) Valid prescription.--Subsection (b) does not apply to \n        any sale made pursuant to a validly issued prescription.\n            ``(3) Valid military identification card.--Subsection (b) \n        does not apply to any sale to an individual under 18 years of \n        age if such individual supplies proof at the time of such sale \n        that such individual is actively enrolled in the military and \n        presents a valid military identification card.\n    ``(d) Affirmative Defense.--It shall be an affirmative defense to \nan alleged violation of subsection (b) that the individual selling a \ndrug containing dextromethorphan--\n            ``(1) examined the purchaser's identification card; and\n            ``(2) based on that examination, reasonably concluded that \n        the identification was valid and indicated that the purchaser \n        was not less than 18 years of age.\n    ``(e) Definition.--In this paragraph, the term `identification \ncard' means an identification card that--\n            ``(1) includes a photograph and the date of birth of the \n        individual; and\n            ``(2) is issued by a State or the Federal Government or is \n        considered acceptable for purposes of sections \n        274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code \n        of Federal Regulations (including any successor \n        regulations).''.\n    (c) Civil Penalties.--Section 303 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 333) is amended by adding at the end the \nfollowing:\n    ``(h) Notwithstanding subsection (a), the following provisions \nshall apply to violations of section 301(eee):\n            ``(1) A person who violates section 301(eee) shall--\n                    ``(A) receive a violation notification from the \n                Secretary for the first such violation; and\n                    ``(B) be subject to a civil penalty in an amount--\n                            ``(i) not more than $1,000 for the second \n                        such violation by a person;\n                            ``(ii) not more than $2,000 for the third \n                        such violation by a person; and\n                            ``(iii) not more than $5,000 for the fourth \n                        such violation, or a subsequent such violation, \n                        by a person.\n            ``(2) In determining the amount of a civil penalty under \n        this subsection for a person who is a retailer, the Secretary \n        shall consider whether the retailer has taken appropriate steps \n        to prevent subsequent violations, such as the establishment and \n        administration of a documented employee training program to \n        ensure all employees are familiar with and abiding by the \n        provisions of section 506G, where such program includes--\n                    ``(A) educating employees regarding products \n                containing dextromethorphan;\n                    ``(B) instruction on the correct method of checking \n                a purchaser's identification card; and\n                    ``(C) notifying employees of the civil penalties \n                under this subsection.\n            ``(3) If a person who is a retailer transacts sales of \n        products containing dextromethorphan at more than one physical \n        location, for purposes of determining the number of violations \n        by that person under this subsection, each individual physical \n        location operated by that retailer shall be considered a \n        separate person.\n            ``(4) The Secretary shall notify persons found to have \n        violated section 301(eee) as soon as practicable after the \n        Secretary discovers such violation. Such notification shall \n        include the date and time when the violation was observed to \n        occur.\n            ``(5) Notwithstanding any other provision of this \n        subsection or section 301(eee), an employee shall not be \n        subject to penalties under this subsection unless such employee \n        knowingly and willfully participates in a conspiracy to violate \n        section 301(eee). For purposes of this paragraph, a conspiracy \n        shall consist of an agreement between 2 or more persons with \n        the intent to violate section 301(eee) and the commission of at \n        least one overt act in furtherance of the agreement.\n            ``(6) In this subsection--\n                    ``(A) the term `employee' means an individual who \n                is employed by a retailer in a clerical or other non-\n                managerial position; and\n                    ``(B) the term `retailer' means a grocery store, \n                general merchandise store, drug store, pharmacy, \n                convenience store, or other entity or person whose \n                activities as a distributor relating to products \n                containing dextromethorphan are limited almost \n                exclusively to sales for personal use, both in number \n                of sales and volume of sales, including any sales made \n                by the Internet or other means.''.\n\nSEC. 3. RESTRICTIONS ON DISTRIBUTION OF BULK DEXTROMETHORPHAN.\n\n    The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) is \namended--\n            (1) in section 501, by adding at the end the following:\n    ``(k) If it is unfinished dextromethorphan and is possessed, \nreceived, or distributed in violation of section 506H.'';\n            (2) by inserting after section 506G, as added by section \n        2(b), the following:\n\n``SEC. 506H. RESTRICTIONS ON THE DISTRIBUTION OF BULK DEXTROMETHORPHAN.\n\n    ``(a) In General.--No person shall--\n            ``(1) possess or receive unfinished dextromethorphan, \n        unless the person is registered under section 510 or otherwise \n        registered, licensed, or approved pursuant to Federal or State \n        law to engage in the practice of pharmacy, pharmaceutical \n        production, or manufacture or distribution of drug ingredients; \n        or\n            ``(2) distribute unfinished dextromethorphan to any person \n        other than a person registered under section 510 or otherwise \n        registered, licensed, or approved pursuant to Federal or State \n        law to engage in the practice of pharmacy, pharmaceutical \n        production, or manufacture or distribution of drug ingredients.\n    ``(b) Exception for Common Carriers.--This section does not apply \nto a common carrier that possesses, receives, or distributes unfinished \ndextromethorphan for purposes of distributing such unfinished \ndextromethorphan between persons described in subsection (a) as \nregistered, licensed, or approved.\n    ``(c) Definitions.--In this section:\n            ``(1) The term `common carrier' means any person that holds \n        itself out to the general public as a provider for hire of the \n        transportation by water, land, or air of merchandise, whether \n        or not the person actually operates the vessel, vehicle, or \n        aircraft by which the transportation is provided, between a \n        port or place and a port or place in the United States.\n            ``(2) The term `unfinished dextromethorphan' means \n        dextromethorphan that is not contained in a drug that is in \n        finished dosage form.''; and\n            (3) by amending section 303, as amended by section 2(c), by \n        adding at the end the following:\n    ``(i) Notwithstanding subsection (a), a person who violates section \n506H shall be subject to a civil penalty of not more than $100,000.''.","title":""}
+{"_id":"c146","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Dairy Promotion Fairness Act''.\n\nSEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.\n\n    (a) Declaration of Policy.--Section 110(b) of the Dairy Production \nStabilization Act of 1983 (7 U.S.C. 4501(b)) is amended--\n            (1) in the first sentence--\n                    (A) by inserting after ``commercial use'' the \n                following: ``and on imported dairy products''; and\n                    (B) by striking ``products produced in the United \n                States.'' and inserting ``products.''; and\n            (2) in the second sentence, by inserting after ``produce \n        milk'' the following: ``or the right of any person to import \n        dairy products''.\n    (b) Definitions.--Section 111 of the Dairy Production Stabilization \nAct of 1983 (7 U.S.C. 4502) is amended--\n            (1) in subsection (k), by striking ``and'' at the end;\n            (2) in subsection (l), by striking the period at the end \n        and inserting a semicolon; and\n            (3) by adding at the end the following:\n            ``(m) the term `imported dairy product' means any dairy \n        product that is imported into the United States, including \n        dairy products imported into the United States in the form of--\n                    ``(1) milk, cream, and fresh and dried dairy \n                products;\n                    ``(2) butter and butterfat mixtures;\n                    ``(3) cheese; and\n                    ``(4) casein and mixtures;\n            ``(n) the term `importer' means a person that imports an \n        imported dairy product into the United States; and\n            ``(o) the term `Customs' means the United States Customs \n        Service.''.\n    (c) Representation of Importers on Board.--Section 113(b) of the \nDairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is \namended--\n            (1) by inserting ``National Dairy Promotion and Research \n        Board.--'' after ``(b)'';\n            (2) by designating the first through ninth sentences as \n        paragraphs (1) through (5) and paragraphs (7) through (10), \n        respectively, and indenting the paragraphs appropriately;\n            (3) in paragraph (2) (as so designated), by striking \n        ``Members'' and inserting ``Except as provided in paragraph \n        (6), the members''; and\n            (4) by inserting after paragraph (5) (as so designated) the \n        following:\n            ``(6) Importers.--\n                    ``(A) Representation.--The Secretary shall appoint \n                not more than 2 members who represent importers of \n                dairy products and are subject to assessments under the \n                order, to reflect the proportion of domestic production \n                and imports supplying the United States market, which \n                shall be based on the Secretary's determination of the \n                average volume of domestic production of dairy products \n                proportionate to the average volume of imports of dairy \n                products in the United States over the previous three \n                years.\n                    ``(B) Additional members; nominations.--The members \n                appointed under this paragraph--\n                            ``(i) shall be in addition to the total \n                        number of members appointed under paragraph \n                        (2); and\n                            ``(ii) shall be appointed from nominations \n                        submitted by importers under such procedures as \n                        the Secretary determines to be appropriate.''.\n    (d) Importer Assessment.--Section 113(g) of the Dairy Production \nStabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--\n            (1) by inserting ``Assessments.--'' after ``(g)'';\n            (2) by designating the first through fifth sentences as \n        paragraphs (1) through (5), respectively, and indenting \n        appropriately; and\n            (3) by adding at the end the following:\n            ``(6) Importers.--\n                    ``(A) In general.--The order shall provide that \n                each importer of imported dairy products shall pay an \n                assessment to the Board in the manner prescribed by the \n                order.\n                    ``(B) Time for payment.--The assessment on imported \n                dairy products shall be paid by the importer to Customs \n                at the time of the entry of the products into the \n                United States and shall be remitted by Customs to the \n                Board. For purposes of this subparagraph, entry of the \n                products into the United States shall be deemed to have \n                occurred when the products are released from custody of \n                Customs and introduced into the stream of commerce \n                within the United States. Importers include persons who \n                hold title to foreign-produced dairy products \n                immediately upon release by Customs, as well as persons \n                who act on behalf of others, as agents, brokers, or \n                consignees, to secure the release of dairy products \n                from Customs and the introduction of the released dairy \n                products into the stream of commerce.\n                    ``(C) Rate.--The rate of assessment on imported \n                dairy products shall be determined in the same manner \n                as the rate of assessment per hundredweight or the \n                equivalent of milk.\n                    ``(D) Value of products.--For the purpose of \n                determining the assessment on imported dairy products \n                under subparagraph (C), the value to be placed on \n                imported dairy products shall be established by the \n                Secretary in a fair and equitable manner.\n                    ``(E) Use of Assessments on Imported Dairy.--\n                Assessments collected on imported dairy products shall \n                not be used for foreign market promotion.''.\n    (e) Records.--Section 113(k) of the Dairy Production Stabilization \nAct of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by \nstriking ``person receiving'' and inserting ``importer of imported \ndairy products, each person receiving''.\n    (f) Importer Eligibility to Vote in Referendum.--Section 116(b) of \nthe Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is \namended--\n            (1) in the first sentence--\n                    (A) by inserting after ``of producers'' the \n                following: ``and importers''; and\n                    (B) by inserting after ``the producers'' the \n                following: ``and importers''; and\n            (2) in the second sentence, by inserting after ``commercial \n        use'' the following: ``and importers voting in the referendum \n        (who have been engaged in the importation of dairy products \n        during the same representative period, as determined by the \n        Secretary).''.","title":""}
+{"_id":"c147","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Date Certain Tax Code Replacement \nAct''.\n\nSEC. 2. PURPOSE.\n\n    The purpose of this Act is to set a date certain for replacing the \nInternal Revenue Code of 1986 with a simple and fair alternative.\n\nSEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 1986.\n\n    (a) In General.--No tax shall be imposed by the Internal Revenue \nCode of 1986--\n            (1) for any taxable year beginning after December 31, 2005; \n        and\n            (2) in the case of any tax not imposed on the basis of a \n        taxable year, on any taxable event or for any period after \n        December 31, 2005.\n    (b) Exception.--Subsection (a) shall not apply to taxes imposed \nby--\n            (1) chapter 2 of such Code (relating to tax on self-\n        employment income);\n            (2) chapter 21 of such Code (relating to Federal Insurance \n        Contributions Act); and\n            (3) chapter 22 of such Code (relating to Railroad \n        Retirement Tax Act).\n\nSEC. 4. NATIONAL COMMISSION ON TAX REFORM AND\n              SIMPLIFICATION.\n\n    (a) Findings.--The Congress finds the following:\n            (1) The Internal Revenue Code of 1986 is overly complex, \n        imposes significant burdens on individuals and businesses and \n        the economy, is extremely difficult for the Internal Revenue \n        Service to administer, and is in need of fundamental reform and \n        simplification.\n            (2) Many of the problems encountered by taxpayers in \n        dealing with the Internal Revenue Service could be eliminated \n        or alleviated by fundamental reform and simplification.\n            (3) The Federal Government's present fiscal outlook for \n        continuing and sustained budget surpluses provides a unique \n        opportunity for the Congress to consider measures for \n        fundamental reform and simplification of the tax laws.\n            (4) Recent efforts to simplify or reform the tax laws have \n        not been successful due in part to the difficulty of developing \n        broad-based, nonpartisan support for proposals to make such \n        changes.\n            (5) Many of the problems with the Internal Revenue Service \n        stem from the overly complex tax code the agency is asked to \n        administer.\n    (b) Establishment.--\n            (1) In general.--To carry out the purposes of this section, \n        there is established within the legislative branch a National \n        Commission on Tax Reform and Simplification (in this section \n        referred to as the ``Commission'').\n            (2) Composition.--The Commission shall be composed of 15 \n        members, as follows:\n                    (A) Three members appointed by the President, two \n                from the executive branch of the Government and one \n                from private life.\n                    (B) Four members appointed by the majority leader \n                of the Senate, one from Members of the Senate and three \n                from private life.\n                    (C) Two members appointed by the minority leader of \n                the Senate, one from Members of the Senate and one from \n                private life.\n                    (D) Four members appointed by the Speaker of the \n                House of Representatives, one from Members of the House \n                and three from private life.\n                    (E) Two members appointed by the minority leader of \n                the House of Representatives, one from Members of the \n                House and one from private life.\n            (3) Chair.--The Commission shall elect a Chair (or two Co-\n        Chairs) from among its members.\n            (4) Meetings, quorums, vacancies.--After its initial \n        meeting, the Commission shall meet upon the call of the Chair \n(Co-Chairs, if elected) or a majority of its members. Nine members of \nthe Commission shall constitute a quorum. Any vacancy in the Commission \nshall not affect its powers, but shall be filled in the same manner in \nwhich the original appointment was made. Any meeting of the Commission \nor any subcommittee thereof may be held in executive session to the \nextent that the Chair (Co-Chairs, if elected) or a majority of the \nmembers of the Commission or subcommittee determine appropriate.\n            (5) Continuation of membership.--If--\n                    (A) any individual who appointed a member to the \n                Commission by virtue of holding a position described in \n                paragraph (2) ceases to hold such position before the \n                report of the Commission is submitted under subsection \n                (g); or\n                    (B) a member was appointed to the Commission as a \n                Member of Congress and the member ceases to be a Member \n                of Congress, or was appointed to the Commission because \n                the member was not an officer or employee of any \n                government and later becomes an officer or employee of \n                a government,\n        that member may continue as a member for not longer than the \n        30-day period beginning on the date that such individual ceases \n        to hold such position or such member ceases to be a Member of \n        Congress or becomes such an officer or employee, as the case \n        may be.\n            (6) Appointment; initial meeting.--\n                    (A) Appointment.--It is the sense of the Congress \n                that members of the Commission should be appointed not \n                more than 60 days after the date of the enactment of \n                this Act.\n                    (B) Initial meeting.--If, after 60 days from the \n                date of the enactment of this Act, eight or more \n                members of the Commission have been appointed, members \n                who have been appointed may meet and select the Chair \n                (or Co-Chairs) who thereafter shall have the authority \n                to begin the operations of the Commission, including \n                the hiring of staff.\n    (c) Functions of the Commission.--\n            (1) In general.--The functions of the Commission shall be--\n                    (A) to conduct, for a period of not to exceed 18 \n                months from the date of its first meeting, the review \n                described in paragraph (2); and\n                    (B) to submit to the Congress a report of the \n                results of such review, including recommendations for \n                fundamental reform and simplification of the Internal \n                Revenue Code of 1986, as described in subsection (g).\n            (2) Review.--The Commission shall review--\n                    (A) the present structure and provisions of the \n                Internal Revenue Code of 1986, especially with respect \n                to--\n                            (i) its impact on the economy (including \n                        the impact on savings, capital formation and \n                        capital investment);\n                            (ii) its impact on families and the \n                        workforce (including issues relating to \n                        distribution of tax burden);\n                            (iii) the compliance cost to taxpayers; and\n                            (iv) the ability of the Internal Revenue \n                        Service to administer such provisions;\n                    (B) whether tax systems imposed under the laws of \n                other countries could provide more efficient and fair \n                methods of funding the revenue requirements of the \n                government;\n                    (C) whether the income tax should be replaced with \n                a tax imposed in a different manner or on a different \n                base; and\n                    (D) whether the Internal Revenue Code of 1986 can \n                be simplified, absent wholesale restructuring or \n                replacement thereof.\n    (d) Powers of the Commission.--\n            (1) In general.--The Commission or, on the authorization of \n        the Commission, any subcommittee or member thereof, may, for \n        the purpose of carrying out the provisions of this section, \n        hold such hearings and sit and act at such times and places, \n        take such testimony, receive such evidence, and administer such \n        oaths, as the Commission or such designated subcommittee or \n        designated member may deem advisable.\n            (2) Contracting.--The Commission may, to such extent and in \n        such amounts as are provided in appropriation Acts, enter into \n        contracts to enable the Commission to discharge its duties \n        under this section.\n            (3) Assistance from federal agencies and offices.--\n                    (A) Information.--The Commission is authorized to \n                secure directly from any executive department, bureau, \n                agency, board, commission, office, independent \n                establishment, or instrumentality of the Government, as \n                well as from any committee or other office of the \n                legislative branch, such information, suggestions, \n                estimates, and statistics as it requires for the \n                purposes of its review and report. Each such \n                department, bureau, agency, board, commission, office, \n                establishment, instrumentality, or committee shall, to \n                the extent not prohibited by law, furnish such \n                information, suggestions, estimates, and statistics \n                directly to the Commission, upon request made by the \n                Chair (Co-Chairs, if elected).\n                    (B) Treasury department.--The Secretary of the \n                Treasury is authorized on a nonreimbursable basis to \n                provide the Commission with administrative services, \n                funds, facilities, staff, and other support services \n                for the performance of the Commission's functions.\n                    (C) General services administration.--The \n                Administrator of General Services shall provide to the \n                Commission on a nonreimbursable basis such \n                administrative support services as the Commission may \n                request.\n                    (D) Joint committee on taxation.--The staff of the \n                Joint Committee on Taxation is authorized on a \n                nonreimbursable basis to provide the Commission with \n                such legal, economic, or policy analysis, including \n                revenue estimates, as the Commission may request.\n                    (E) Other assistance.--In addition to the \n                assistance set forth in subparagraphs (A), (B), (C), \n                and (D), departments and agencies of the United States \n                are authorized to provide to the Commission such \n                services, funds, facilities, staff, and other support \n                services as they may deem advisable and as may be \n                authorized by law.\n            (4) Postal services.--The Commission may use the United \n        States mails in the same manner and under the same conditions \n        as departments and agencies of the United States.\n            (5) Gifts.--The Commission may accept, use, and dispose of \n        gifts or donations of services or property in carrying out its \n        duties under this section.\n    (e) Staff of the Commission.--\n            (1) In general.--The Chair (Co-Chairs, if elected), in \n        accordance with rules agreed upon by the Commission, may \n        appoint and fix the compensation of a staff director and such \n        other personnel as may be necessary to enable the Commission to \n        carry out its functions without regard to the provisions of \n        title 5, United States Code, governing appointments in the \n        competitive service, and without regard to the provisions of \n        chapter 51 and subchapter III or chapter 53 of such title \n        relating to classification and General Schedule pay rates, \n        except that no rate of pay fixed under this subsection may \n        exceed the equivalent of that payable to a person occupying a \n        position at level V of the Executive Schedule under section \n        5316 of title 5, United States Code. Any Federal Government \n        employee may be detailed to the Commission without \n        reimbursement from the Commission, and such detailee shall \n        retain the rights, status, and privileges of his or her regular \n        employment without interruption.\n            (2) Consultant services.--The Commission is authorized to \n        procure the services of experts and consultants in accordance \n        with section 3109 of title 5, United States Code, but at rates \n        not to exceed the daily rate paid a person occupying a position \n        at level IV of the Executive Schedule under section 5315 of \n        title 5, United States Code.\n    (f) Compensation and Travel Expenses.--\n            (1) Compensation.--\n                    (A) In general.--Except as provided in subparagraph \n                (B), each member of the Commission may be compensated \n                at not to exceed the daily equivalent of the annual \n                rate of basic pay in effect for a position at level IV \n                of the Executive Schedule under section 5315 of title \n                5, United States Code, for each day during which that \n                member is engaged in the actual performance of the \n                duties of the Commission.\n                    (B) Exception.--Members of the Commission who are \n                officers or employees of the United States or Members \n                of Congress shall receive no additional pay on account \n                of their service on the Commission.\n            (2) Travel expenses.--While away from their homes or \n        regular places of business in the performance of services for \n        the Commission, members of the Commission shall be allowed \n        travel expenses, including per diem in lieu of subsistence, in \n        the same manner as persons employed intermittently in the \n        Government service are allowed expenses under section 5703(b) \n        of title 5, United States Code.\n    (g) Report of the Commission; Termination.--\n            (1) Report.--Not later than 18 months after the date of the \n        first meeting of the Commission, the Commission shall submit a \n        report to the Committee on Ways and Means of the House of \n        Representatives and the Committee on Finance of the Senate. The \n        report of the Commission shall describe the results of its \n        review (as described in subsection (c)(2)), shall make such \n        recommendations for fundamental reform and simplification of \n        the Internal Revenue Code of 1986 as the Commission considers \n        appropriate, and shall describe the expected impact of such \n        recommendations on the economy and progressivity and general \n        administrability of the tax laws.\n            (2) Termination.--\n                    (A) In general.--The Commission, and all the \n                authorities of this section, shall terminate on the \n                date which is 90 days after the date on which the \n                report is required to be submitted under paragraph (1).\n                    (B) Concluding activities.--The Commission may use \n                the 90-day period referred to in subparagraph (A) for \n                the purposes of concluding its activities, including \n                providing testimony to committees of Congress \n                concerning its report and disseminating that report.\n    (h) Authorization of Appropriations.--There is authorized to be \nappropriated such sums as may be necessary for the activities of the \nCommission. Until such time as funds are specifically appropriated for \nsuch activities, $2,000,000 shall be available from fiscal year 2002 \nfunds appropriated to the Treasury Department, ``Departmental Offices'' \naccount, for the activities of the Commission, to remain available \nuntil expended.\n\nSEC. 5. TIMING OF IMPLEMENTATION.\n\n    In order to ensure an easy transition and effective implementation, \nthe Congress hereby declares that any new Federal tax system shall be \napproved by Congress in its final form no later than July 4, 2005. If a \nnew Federal tax system is not so approved by July 4, 2005, then \nCongress shall be required to vote to reauthorize the Internal Revenue \nCode of 1986.","title":""}
+{"_id":"c148","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Debbie Blanchard Access to Health \nCare for Individuals With Disabilities Act of 2010''.\n\nSEC. 2. FINDINGS.\n\n            (1) According to the Bureau of the Census, approximately 1 \n        in 5 people in the United States lives with some sort of \n        physical disability.\n            (2) More than 54,000,000 individuals in the United States \n        report some level of disability and approximately 34,000,000 of \n        such individuals are classified as having a severe disability.\n            (3) An estimated 11,000,000 individuals aged 6 and older \n        need personal assistance with everyday activities, including \n        taking a bath or shower, preparing meals, and getting around \n        the home.\n            (4) Five percent of the United States population over age \n        15 uses a wheelchair or similar device, cane, crutches, or \n        walker.\n            (5) The number of individuals with physical disabilities \n        continues to increase, and the Centers for Disease Control and \n        Prevention recently announced that the agency was revising its \n        estimate of the number of individuals with spina bifida, the \n        most common permanently disabling birth defect in the United \n        States, from an estimated 70,000 to an estimated 166,000.\n            (6) Studies have found that individuals with disabilities \n        have significant difficulty in accessing routine and \n        specialized health care and that numerous barriers to acquiring \n        health care exist for such individuals.\n            (7) Approximately 1 in 3 women with a disability reports \n        being denied services at a physician's office solely because of \n        her disability.\n            (8) Research shows that women with disabilities are less \n        likely to have pap smears and mammograms, are more likely to be \n        diagnosed with breast cancer at later stages of the disease, \n        are less likely to receive standard treatments, and are more \n        likely to have worse outcomes.\n            (9) Individuals with disabilities report that one of the \n        top barriers to accessing necessary health care is the \n        inability to find an accessible health care provider or \n        identify providers who understand how to treat individuals with \n        disabilities and who are willing to have such individuals as \n        patients.\n            (10) The Spina Bifida Association recently announced that \n        one of its volunteers, Debbie Blanchard, a woman who lived with \n        spina bifida for 55 years, died from a late stage diagnosis of \n        cervical cancer stemming from her inability to find a health \n        care provider in her community who had an examination table \n        that would lower to the level necessary for her to comfortably \n        and safely transfer from her wheelchair to the examination \n        table so she could be screened for cervical cancer.\n            (11) Organizations representing individuals with \n        disabilities report that such individuals need more and better \n        information regarding accessible health care providers in their \n        communities and additional support and resources to help ensure \n        that such individuals receive the care they need and deserve.\n\nSEC. 3. PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS WITH \n              DISABILITIES.\n\n    Title III of the Public Health Service Act (42 U.S.C. 341 et seq.) \nis amended by adding after part V the following:\n\n ``PART W--PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS \n                           WITH DISABILITIES\n\n``SEC. 399OO. STATE GRANTS FOR THE CREATION OF DISABILITY ACCESSIBLE \n              PROVIDER DIRECTORIES.\n\n    ``(a) In General.--The Secretary shall award grants to States for \nthe purpose of developing and maintaining or updating and improving \nState-based, Internet directories of health care providers that are \nknown to have entrances, examination rooms, and examination tables \naccessible to individuals with disabilities. Such grants shall be \nformula-based, factoring in each State's population of individuals with \ndisabilities.\n    ``(b) Definition.--In this part, the term `individual with a \ndisability' has the meaning given such term in section 7(20) of the \nRehabilitation Act of 1973.\n    ``(c) Requirement of Application.--To be eligible to receive a \ngrant under this section, a State shall submit to the Secretary an \napplication at such time, in such manner, and containing such \nagreements, assurances, and information as the Secretary may require. \nApplications shall explain how individuals with disabilities and health \ncare providers may submit information for inclusion in the Internet \ndirectory of the State.\n    ``(d) Authorized Activities.--\n            ``(1) In general.--Recipients of a grant under this section \n        shall use grant funds to--\n                    ``(A) develop and maintain an Internet directory or \n                other such publicly available directory of information \n                regarding individual providers, clinics, hospitals, and \n                other health care facilities and providers in the State \n                that are known to have entrances, examination rooms, \n                and examination tables accessible to individuals with \n                disabilities; or\n                    ``(B) update or improve an existing, publicly \n                available directory of information regarding individual \n                providers, clinics, hospitals, and other health care \n                facilities and providers in the State that are known to \n                have entrances, examination rooms, and examination \n                tables accessible to individuals with disabilities.\n            ``(2) Directory contents.--Each directory developed and \n        maintained by a grant recipient, as described in paragraph \n        (1)(A) or updated and improved by a grant recipient, as \n        described in paragraph (1)(B), shall include--\n                    ``(A) the full name, address, and telephone number \n                of each provider, clinic, hospital, and health care \n                facility included in the directory; and\n                    ``(B) specific information about the accommodations \n                provided by each such provider, clinic, hospital, and \n                health care facility to individuals with disabilities.\n\n``SEC. 399OO-1. IMPROVING PROVIDER AND PATIENT AWARENESS OF THE NEED \n              FOR ACCESSIBLE HEALTH CARE FACILITIES FOR PEOPLE WITH \n              DISABILITIES.\n\n    ``(a) Pilot Program.--\n            ``(1) In general.--The Secretary, acting through the Office \n        on Disability of the Department of Health and Human Services \n        and in collaboration with national organizations representing \n        individuals with disabilities and health professional \n        societies, shall establish a pilot program to increase the \n        awareness of health care providers of the need to offer \n        accessible environments and examination rooms and examination \n        tables for individuals with disabilities and to increase \n        voluntary compliance with Federal accessibility requirements.\n            ``(2) Development and dissemination of resources.--The \n        Secretary shall ensure that, under the pilot program \n        established under paragraph (1), resources are developed for, \n        and distributed to, health care providers to increase awareness \n        of the need to offer accessible environments and examination \n        rooms and examination tables for individuals with disabilities. \n        Such resources shall include supportive information with \n        respect to--\n                    ``(A) accommodating individuals with disabilities;\n                    ``(B) modifications that can be made to physical \n                environments to ensure accessibility; and\n                    ``(C) training regarding how to safely accommodate \n                an individual in a wheelchair.\n            ``(3) Targeted providers.--The pilot program shall be \n        designed to target health care professionals and health care \n        providers, including--\n                    ``(A) primary care providers, such as physicians, \n                nurse practitioners, and physician assistants, and the \n                individuals who answer the telephones in the offices of \n                such providers;\n                    ``(B) dentists and the individuals who answer the \n                telephones in the offices of dentists;\n                    ``(C) health care clinics, including community \n                health centers and radiology and imaging centers;\n                    ``(D) inpatient and outpatient hospitals, \n                ambulatory surgery centers, urgent care centers, and \n                rehabilitation facilities; and\n                    ``(E) specialists, such as obstetricians and \n                gynecologists.\n            ``(4) Program materials and messages.--Any materials and \n        messages of the pilot program, including the resources designed \n        and distributed as described in paragraph (2), shall reflect \n        and incorporate information, findings, and materials otherwise \n        developed by the Federal Government, such as information \n        available through the `Right to Know Health Promotion Campaign' \n        of the Centers for Disease Control and Prevention, and shall be \n        field-tested and presented to focus groups to ensure \n        effectiveness.\n            ``(5) Program evaluation.--The Secretary shall conduct an \n        evaluation of the effectiveness of the pilot program and make \n        any necessary revisions to the program to ensure effectiveness \n        and support in nationwide implementation of the program.\n    ``(b) Information for Individuals With Disabilities.--\n            ``(1) In general.--The Secretary, acting through the Office \n        on Disability of the Department of Health and Human Services, \n        in collaboration with national organizations representing \n        individuals with disabilities, shall develop and disseminate \n        resources to support individuals with disabilities in finding \n        providers that are accessible to such individuals.\n            ``(2) Contents.--The resources described in paragraph (1) \n        shall--\n                    ``(A) include a concise list of questions for \n                individuals with disabilities to ask when calling a \n                health care provider for the first time to schedule an \n                appointment, and suggestions for explaining the special \n                needs of such individual to the provider and for \n                seeking accommodation from the provider;\n                    ``(B) be culturally appropriate and at appropriate \n                literacy levels for the target audience;\n                    ``(C) reflect and incorporate information, \n                findings, and materials otherwise developed by the \n                Federal Government, such as information available \n                through the `Right to Know Health Promotion Campaign' \n                of the Centers for Disease Control and Prevention;\n                    ``(D) be field-tested and presented to focus groups \n                to ensure effectiveness; and\n                    ``(E) be disseminated on the Internet and through \n                other means to ensure that individuals with \n                disabilities receive support and assistance in their \n                efforts to identify accessible health care providers in \n                their communities.\n\n``SEC. 399OO-2. ADVISORY COMMITTEE AND REPORT TO CONGRESS.\n\n    ``(a) Establishment of the Advisory Committee.--The Secretary shall \nestablish a National Advisory Committee on Access to Health Care for \nIndividuals With Disabilities (referred to in this section as the \n`Advisory Committee') to support implementation of this part and to \nensure interagency coordination of efforts to improve access to care \nfor individuals with disabilities.\n    ``(b) Responsibilities.--The responsibilities of the Advisory \nCommittee shall include--\n            ``(1) reviewing applications for grants under section \n        399OO;\n            ``(2) evaluating the grant program under section 399OO;\n            ``(3) reviewing and providing feedback on the resources and \n        other materials developed under section 399OO-1;\n            ``(4) assisting with the dissemination of the information \n        and resources developed under sections 399OO and 399OO-1; and\n            ``(5) ensuring coordination of efforts within the \n        Department of Health and Human Services to increase access to \n        care for individuals with disabilities and to disseminate \n        information regarding accessible entrances, examination rooms, \n        and tables of health care providers.\n    ``(c) Membership.--\n            ``(1) In general.--The members of the Advisory Committee \n        shall include representatives of--\n                    ``(A) the Office on Disability of the Department of \n                Health and Human Services;\n                    ``(B) the Office of Minority Health of the \n                Department of Health and Human Services;\n                    ``(C) the Office for Civil Rights of the Department \n                of Health and Human Services;\n                    ``(D) the Health Resources and Services \n                Administration, including the Bureau of Primary Health \n                Care, the Office of Minority Health and Health \n                Disparities, and the Office of Equal Opportunity and \n                Civil Rights of such administration;\n                    ``(E) the Centers for Disease Control and \n                Prevention;\n                    ``(F) the Agency for Healthcare Research and \n                Quality;\n                    ``(G) the Centers for Medicare & Medicaid Services;\n                    ``(H) other Federal agencies, such as the \n                Department of Veterans Affairs, as appropriate;\n                    ``(I) at least 5 private nonprofit organizations \n                that are dedicated to improving the quality of life of, \n                and facilitating access to health care for, individuals \n                with disabilities; and\n                    ``(J) at least 3 health professional societies.\n            ``(2) Voluntary service.--Members of the Advisory Committee \n        shall serve without compensation.\n\n``SEC. 399OO-3. REPORT TO CONGRESS.\n\n    ``The Secretary shall, not later than 1 year after the date of \nenactment of this part and annually thereafter, submit to Congress a \nreport summarizing the activities, findings, outcomes, and \nrecommendations resulting from the grant and pilot programs and other \nactivities under this part.\n\n``SEC. 399OO-4. AUTHORIZATION OF APPROPRIATIONS.\n\n    ``There is authorized to be appropriated to carry out this part, \nsuch sums as may be necessary for fiscal years 2011 through 2015.''.","title":""}
+{"_id":"c149","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Defense Reinvestment and High-Tech \nJob Creation Act of 1993''.\n\nSEC. 2. DEFENSE CONVERSION CREDIT.\n\n    (a) General Rule.--Section 46 of the Internal Revenue Code of 1986 \n(relating to amount of investment credit) is amended--\n            (1) by striking ``and'' at the end of paragraph (2),\n            (2) by striking the period at the end of paragraph (3) and \n        inserting ``, and'', and\n            (3) by adding at the end thereof the following new \n        paragraph:\n            ``(4) the defense conversion credit.''\n    (b) Defense Conversion Credit.--Section 48 of such Code is amended \nby adding at the end thereof the following new subsection:\n    ``(c) Defense Conversion Credit.--\n            ``(1) In general.--For purposes of section 46, the defense \n        conversion credit for any taxable year is the sum of--\n                    ``(A) the defense conversion employment credit for \n                the taxable year, and\n                    ``(B) the defense conversion investment credit for \n                the taxable year.\n            ``(2) Defense conversion employment credit.--\n                    ``(A) In general.--The defense conversion \n                employment credit for any taxable year is 10 percent of \n                the qualified wages paid or incurred by a qualified \n                employer during such year.\n                    ``(B) Qualified wages.--For purposes of this \n                subsection--\n                            ``(i) In general.--The term `qualified \n                        wages' means the wages (as defined in clause \n                        (ii)) paid or incurred by the qualified \n                        employer during the taxable year to, and \n                        amounts paid or incurred by the qualified \n                        employer to third parties for retraining \n                        expenses with respect to, qualified conversion \n                        employees during the period commencing on July \n                        31, 1993, and ending on December 31, 1995 (`the \n                        qualified period').\n                            ``(ii) Wages defined.--Except as provided \n                        in subparagraph (C)(ii), the term `wages' has \n                        the meaning given to such term by subsection \n                        (b) of section 3306 (determined without regard \n                        to any dollar limitation contained in such \n                        section), but the amount of wages during any \n                        taxable year which may be taken into account \n                        with respect to any individual shall not exceed \n                        25 percent of the wages (determined without \n                        regard to this subsection) paid to such \n                        individual during such taxable year or portion \n                        thereof included within the qualified period.\n                            ``(iii) Retraining expenses.--The term \n                        `retraining expenses' includes all amounts paid \n                        or incurred with respect to educational or \n                        training programs in which a qualified \n                        conversion employee participates to learn or \n                        improve skills necessary or useful to such \n                        employee's employment in the qualified \n                        employer's nondefense-related business.\n                    ``(C) Qualified conversion employees.--\n                            ``(i) In general.--For purposes of this \n                        subsection, the term `qualified conversion \n                        employees' means an employee of a qualified \n                        employer who had been employed by the qualified \n                        employer or another employer in a defense-\n                        related business and who is employed by the \n                        qualified employer in a nondefense-related \n                        business during the taxable year.\n                            ``(ii) Proration in case of dual \n                        employment.--If a qualified conversion employee \n                        is employed by the qualified employer in both a \n                        defense-related business and a nondefense-\n                        related business during the taxable year, only \n                        the portion of the employee's wages properly \n                        allocable to employment in the nondefense-\n                        related business shall be treated as `wages' \n                        for purposes of subparagraph (B)(ii).\n                    ``(D) Qualified employer.--For purposes of this \n                paragraph, a qualified employer is an employer which is \n                engaged in a qualified business (as defined in \n                paragraph (3)(D)).\n            ``(3) Defense conversion investment credit.--\n                    ``(A) In general.--The defense conversion \n                investment credit for any taxable year is the \n                applicable percentage of the qualified conversion \n                investment by a qualified business during the taxable \n                year.\n                    ``(B) Applicable percentage.--For purposes of this \n                paragraph--\n                            ``(i) In general.--The applicable \n                        percentage shall be 7 percent for all taxable \n                        years ending after December 31, 1992, and on or \n                        before December 31, 1994, and shall be 5 \n                        percent for all taxable years ending after \n                        December 31, 1994, and on or before December \n                        31, 1999.\n                            ``(ii) Incremental employment incentive \n                        percentage.--The applicable percentage shall be \n                        10 percent for any taxable year ending after \n                        December 31, 1992, and on or before December \n                        31, 1994, and shall be 8 percent for any \n                        taxable year ending after December 31, 1994, \n                        and on or before December 31, 1999, if in such \n                        year the number of employees of the qualified \n                        business increases 4 percent or more over the \n                        average number of employees of the qualified \n                        business during the 3 preceding years (the \n                        `qualifying increase').\n                            ``(iii) Recapture in case of decreased \n                        employment.--If a qualified business claims the \n                        benefit of the incremental employment incentive \n                        percentage under clause (ii), and its average \n                        employment during any of the 3 years following \n                        the year in which the benefit of the increased \n                        percentage was claimed falls below the \n                        qualifying increase level (a `disqualifying \n                        decrease'), the qualified business shall \n                        increase its tax liability for the year during \n                        which the disqualifying decrease occurred by \n                        the difference between the credit to which it \n                        would have been entitled under clause (i) and \n                        the credit claimed under clause (ii).\n                    ``(C) Qualified conversion investment.--For \n                purposes of this paragraph--\n                            ``(i) In general.--The term `qualified \n                        conversion investment' means the costs paid or \n                        incurred by a qualified business during the \n                        taxable year for the purpose of acquiring, \n                        constructing, creating, or developing any \n                        tangible or intangible assets, in connection \n                        with the conduct of the qualified business' \n                        nondefense-related business, except that such \n                        term shall not include direct production costs \n                        of any property held by the qualified business \n                        for sale to customers in the ordinary course of \n                        its trade or business.\n                            ``(ii) Intangible assets.--The term \n                        `intangible assets' includes all `intangible \n                        property' as defined in section 936(h)(3)(B) \n                        (other than literary, musical or artistic \n                        compositions) and specifically includes \n                        processes and products, models, and prototypes.\n                    ``(D) Qualified business.--For purposes of this \n                subsection and pursuant to regulations to be prescribed \n                by the Secretary--\n                            ``(i) In general.--The term `qualified \n                        business' means any corporation, partnership, \n                        or sole proprietorship or separate unit thereof \n                        in existence on January 1, 1993, which derived \n                        a substantial portion of its gross receipts or \n                        incurred a substantial portion of its gross \n                        costs during the 5 years preceding January 1, \n                        1993, from 1 or more defense-related \n                        businesses, and which derives a significant \n                        portion of its gross receipts from (or incurs a \n                        significant amount of costs in acquiring or \n                        developing) 1 or more nondefense-related \n                        businesses during the taxable year.\n                            ``(ii) Defense-related business.--A \n                        `defense-related business' is an activity in \n                        connection with the development or production \n                        (pursuant to a contract or subcontract) of any \n                        property designed, modified, or equipped for \n                        military purposes (including NASA).\n                            ``(iii) Nondefense-related business.--A \n                        `nondefense-related business' is any activity \n                        in connection with the development or \n                        production of any property not designed, \n                        modified, or equipped for military purposes \n                        which uses a significant portion of assets and \n                        employees which had been employed in a defense-\n                        related business.''\n    (c) Accelerated Depreciation of Excess Defense Conversion \nProperty.--\n            (1) Subsection (b)(3) of section 168 of such Code is \n        amended by adding at the end thereof the following new \n        subparagraph:\n                    ``(F) Property described in subsection \n                (e)(3)(B)(vii).''\n            (2) Subsection (e)(3)(B) of section 168 of such Code is \n        amended by striking ``and'' at the end of clause (v), by \n        striking the period at the end of clause (vi) and inserting ``, \n        and'', and by adding at the end thereof the following new \n        clause:\n                            ``(vii) any qualifying excess defense \n                        conversion property.''\n            (3) Subsection (i) of section 168 of such Code is amended \n        by adding at the end thereof the following new paragraph:\n            ``(14) Qualifying excess defense conversion property.--\n                    ``(A) The term `qualifying excess defense \n                conversion property' means, with respect to property \n                owned or leased by the taxpayer and otherwise subject \n                to depreciation under this section and which is `excess \n                defense conversion property' (as defined in \n                subparagraph (B)), the basis of property (or the \n                portion thereof) constituting excess defense conversion \n                property owned by the taxpayer or the total discounted \n                cost of lease obligations during the remaining term of \n                the lease applicable to excess conversion property \n                leased by the taxpayer.\n                    ``(B) The term `excess defense conversion property' \n                means property that--\n                            ``(i) has been used by the taxpayer in a \n                        defense-related business (as defined in section \n                        48(c)(3)(D)); and\n                            ``(ii) is not being used in the taxable \n                        year, and is not reasonably expected to be used \n                        in the foreseeable future, in a defense-related \n                        business.\n                    ``(C) Any deductions claimed by a taxpayer with \n                respect to property reported on its return as \n                qualifying excess defense conversion property and which \n                is later determined as not constituting excess defense \n                conversion property shall be recaptured at the rate of \n                150 percent of the deductions so claimed.\n                    ``(D) For purposes of this section, the amount of \n                the property's basis constituting qualifying excess \n                defense conversion property shall be considered to be \n                placed in service on the first day of the taxable year \n                in which the property is determined to constitute \n                qualifying excess defense conversion property.''\n    (d) Effective Date.--The amendments made by this section shall take \neffect on July 31, 1993.","title":""}
+{"_id":"c15","text":"SECTION 1. DESIGNATION OF TAUNTON RIVER, MASSACHUSETTS.\n\n    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) \nis amended by adding at the end the following:\n    ``(__) Taunton River, Massachusetts.--The main stem of the Taunton \nRiver from its headwaters at the confluence of the Town and Matfield \nRivers in the Town of Bridgewater downstream 40 miles to the confluence \nwith the Quequechan River at the Route 195 Bridge in the City of Fall \nRiver, to be administered by the Secretary of the Interior in \ncooperation with the Taunton River Stewardship Council as follows:\n            ``(A) The 18-mile segment from the confluence of the Town \n        and Matfield Rivers to Route 24 in the Town of Raynham, as a \n        scenic river.\n            ``(B) The 5-mile segment from Route 24 to 0.5 miles below \n        Weir Bridge in the City of Taunton, as a recreational river.\n            ``(C) The 8-mile segment from 0.5 miles below Weir Bridge \n        to Muddy Cove in the Town of Dighton, as a scenic river.\n            ``(D) The 9-mile segment from Muddy Cove to the confluence \n        with the Quequechan River at the Route 195 Bridge in the City \n        of Fall River, as a recreational river.''.\n\nSEC. 2. MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS.\n\n    (a) Taunton River Stewardship Plan.--\n            (1) In general.--Each river segment added to section 3(a) \n        of the Wild and Scenic Rivers Act by section 1 of this Act \n        shall be managed in accordance with the Taunton River \n        Stewardship Plan, dated July 2005 (including any amendment to \n        the Taunton River Stewardship Plan that the Secretary of the \n        Interior (referred to in this section as the ``Secretary'') \n        determines to be consistent with this Act).\n            (2) Effect.--The Taunton River Stewardship Plan described \n        in paragraph (1) shall be considered to satisfy each \n        requirement relating to the comprehensive management plan \n        required under section 3(d) of the Wild and Scenic Rivers Act \n        (16 U.S.C. 1274(d)).\n    (b) Cooperative Agreements.--To provide for the long-term \nprotection, preservation, and enhancement of each river segment added \nto section 3(a) of the Wild and Scenic Rivers Act by section 1 of this \nAct, pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic \nRivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter \ninto cooperative agreements (which may include provisions for financial \nand other assistance) with--\n            (1) the Commonwealth of Massachusetts (including political \n        subdivisions of the Commonwealth of Massachusetts);\n            (2) the Taunton River Stewardship Council; and\n            (3) any appropriate nonprofit organization, as determined \n        by the Secretary.\n    (c) Relation to National Park System.--Notwithstanding section \n10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river \nsegment added to section 3(a) of the Wild and Scenic Rivers Act by \nsection 1 of this Act shall not be--\n            (1) administered as a unit of the National Park System; or\n            (2) subject to the laws (including regulations) that govern \n        the administration of the National Park System.\n    (d) Land Management.--\n            (1) Zoning ordinances.--The zoning ordinances adopted by \n        the Towns of Bridgewater, Halifax, Middleborough, Raynham, \n        Berkley, Dighton, Freetown, and Somerset, and the Cities of \n        Taunton and Fall River, Massachusetts (including any provision \n        of the zoning ordinances relating to the conservation of \n        floodplains, wetlands, and watercourses associated with any \n        river segment added to section 3(a) of the Wild and Scenic \n        Rivers Act by section 1 of this Act), shall be considered to \n        satisfy each standard and requirement described in section 6(c) \n        of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).\n            (2) Villages.--For the purpose of section 6(c) of the Wild \n        and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described \n        in paragraph (1) shall be considered to be a village.\n            (3) Acquisition of land.--\n                    (A) Limitation of authority of secretary.--With \n                respect to each river segment added to section 3(a) of \n                the Wild and Scenic Rivers Act by section 1 of this \n                Act, the Secretary may only acquire parcels of land--\n                            (i) by donation; or\n                            (ii) with the consent of the owner of the \n                        parcel of land.\n                    (B) Prohibition relating to acquisition of land by \n                condemnation.--In accordance with section 6(c) of the \n                Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with \n                respect to each river segment added to section 3(a) of \n                the Wild and Scenic Rivers Act by section 1 of this \n                Act, the Secretary may not acquire any parcel of land \n                by condemnation.\n\nSEC. 3. ENERGY AND CONGRESSIONAL REVIEW.\n\n    The Secretary of the Interior, in consultation with the Secretary \nof Energy and private industry, shall complete and submit to the \nCommittee on Natural Resources of the House of Representatives, the \nCommittee on Energy and Natural Resources of the Senate, and Senators \nand Representatives from the States affected by the designation, a \nreport using the best available data and regarding the energy resources \navailable on the lands and waters included in the segments of the \nTaunton River designated under section 2 of this Act. The report \nshall--\n            (1) contain the best available description of the energy \n        resources available on the land and report on the specific \n        amount of energy withdrawn from possible development; and\n            (2) identify cubic feet of natural gas, natural gas \n        transmission and storage potential, megawatts of geothermal, \n        wind and solar energy that could be commercially produced, \n        annual available biomass for energy production, and any \n        megawatts of hydropower resources available, including tidal, \n        traditional dams, and in-stream flow turbines.\n\nSEC. 4. HUNTING, FISHING, TRAPPING, AND RECREATIONAL SHOOTING.\n\n    Nothing in this Act shall be construed as affecting the authority, \njurisdiction, or responsibility of the Commonwealth of Massachusetts to \nmanage, control, or regulate fish and resident wildlife under State law \nor regulations, including the regulation of hunting, fishing, trapping, \nand recreational shooting. Nothing in this Act shall be construed as \nlimiting access for hunting, fishing, trapping, or recreational \nshooting.\n\nSEC. 5. DOMESTICALLY-PRODUCED ENERGY RESOURCES.\n\n    Nothing in this Act shall impact the supply of domestically-\nproduced energy resources.\n\n            Passed the House of Representatives July 16, 2008.\n\n            Attest:\n\n                                            LORRAINE C. MILLER,\n\n                                                                 Clerk.\n\n                               By Robert F. Reeves,\n\n                                                          Deputy Clerk.","title":""}
+{"_id":"c150","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Department of Environmental \nProtection Act''.\n\nSEC. 2. REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT \n              OF ENVIRONMENTAL PROTECTION.\n\n    (a) Redesignation.--The Environmental Protection Agency is \nredesignated as the Department of Environmental Protection (hereinafter \nin this Act referred to as the ``Department''), and shall be an \nexecutive department in the executive branch of the Government.\n    (b) Secretary of Environmental Protection.--(1) There shall be at \nthe head of the Department a Secretary of Environmental Protection \n(hereinafter in this Act referred to as the ``Secretary'') who shall be \nappointed by the President, by and with the advice and consent of the \nSenate, except as provided in paragraph (2).\n    (2) If so designated by the President, the individual who has been \nnominated and confirmed and is serving as the Administrator of the \nEnvironmental Protection Agency on the date of enactment of this Act \nshall become the Secretary of Environmental Protection, without \nreconfirmation by the Senate.\n    (c) Transfer of Function, Powers, and Duties.--The functions, \npowers, and duties of each officer and employee of the Environmental \nProtection Agency are transferred to and vested in the corresponding \nofficer or employee of the Department.\n    (d) Delegation of Authority.--The Secretary may, consistent with \nother laws--\n            (1) delegate any functions, powers, or duties, including \n        the promulgation of regulations, to such officers and employees \n        of the Department as the Secretary may designate; and\n            (2) authorize such successive redelegations of such \n        functions, powers, or duties within the Department as the \n        Secretary considers necessary or appropriate.\n\nSEC. 3. REFERENCES.\n\n    Any reference in any other Federal law, Executive order, rule, \nregulation, reorganization plan, or delegation of authority, or in any \ndocument--\n            (1) to the Environmental Protection Agency is deemed to \n        refer to the Department of Environmental Protection;\n            (2) to the Administrator of the Environmental Protection \n        Agency is deemed to refer to the Secretary of Environmental \n        Protection; and\n            (3) to a subordinate official of the Environmental \n        Protection Agency is deemed to refer to the corresponding \n        official of the Department of Environmental Protection.\n\nSEC. 4. SAVINGS PROVISIONS.\n\n    (a) Continuing Effect of Legal Documents.--All orders, \ndeterminations, rules, regulations, permits, grants, contracts, \ncertificates, licenses, privileges, agreements, registrations, and \nother administrative actions--\n            (1) which have been issued, made, granted or allowed to \n        become effective by the President, the Administrator or other \n        authorized official of the Environmental Protection Agency, or \n        by a court of competent jurisdiction, which relate to functions \n        of the Administrator or any other officer or agent of the \n        Environmental Protection Agency actions; and\n            (2) which are in effect on the date of the enactment of \n        this Act,\nshall continue in effect according to their terms until modified, \nterminated, superseded, set aside, or revoked in accordance with law by \nthe President, the Secretary, or other authorized official, by a court \nof competent jurisdiction, or by operation of law.\n    (b) Proceedings not Affected.--(1) This Act shall not affect any \nproceeding, proposed rule, or application for any license, permit, \ncertificate, registration, or financial assistance pending before the \nEnvironmental Protection Agency on the date of the enactment of this \nAct, and the effect of any such proceeding, proposed rule, or \napplication shall continue. Orders shall be issued, and final \ndeterminations shall be made, in any such proceeding, proposed rule, or \napplication, appeals shall be taken therefrom, and payments shall be \nmade pursuant to such orders, as if this Act had not been enacted, and \norders issued with respect to any such proceeding, proposed rule, or \napplication shall continue in effect until modified, terminated, \nsuperseded, or revoked by a duly authorized official, by a court of \ncompetent jurisdiction, or by operation of law.\n    (2) Nothing in this subsection prohibits the discontinuance or \nmodification of any such proceeding, proposed rule, or application \nunder the same terms and conditions and to the same extent that such \nproceeding, proposed rule, or application could have been discontinued \nor modified if this Act had not been enacted.\n    (c) Suits not Affected.--The provisions of this Act shall not \naffect suits commenced before the date of enactment of this Act, and in \nall such suits, proceedings shall be had, appeals taken, and judgments \nrendered in the same manner and with the same effect as if this Act had \nnot been enacted.\n    (d) Nonabatement of Actions.--No suit, action, or other proceeding \ncommenced before the date of enactment of this Act by or against the \nEnvironmental Protection Agency, or by or against any individual in the \nofficial capacity of such individual as an officer of the Environmental \nProtection Agency, shall abate by reason of the enactment of this Act.\n    (e) Property and Resources.--The contracts, liabilities, records, \nproperty, and other assets and interests of the Environmental \nProtection Agency shall, after the date of enactment of this Act, be \nconsidered to be the contracts, liabilities, records, property, and \nother assets and interests of the Department of Environmental \nProtection.\n\nSEC. 5. CONFORMING AMENDMENTS.\n\n    After consultation with the appropriate committees of Congress, the \nSecretary shall prepare and submit to Congress proposed legislation \ncontaining necessary and appropriate technical and conforming \namendments to the laws of the United States, to reflect the changes \nmade by this Act. Such proposed legislation shall be submitted not \nlater than one year after the date of enactment of this Act.","title":""}
+{"_id":"c151","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Department of Homeland Security \nComponent Privacy Officer Act of 2008''.\n\nSEC. 2. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN EACH COMPONENT OF \n              DEPARTMENT OF HOMELAND SECURITY.\n\n    (a) In General.--Subtitle C of title II of the Homeland Security \nAct of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after \nsection 222 the following new section:\n\n``SEC. 222A. PRIVACY OFFICIALS.\n\n    ``(a) Designation.--\n            ``(1) In general.--For each component of the Department \n        under paragraph (2), the Secretary shall, in consultation with \n        the head of the component, designate a full-time privacy \n        official, who shall report directly to the senior official \n        appointed under section 222. Each such component privacy \n        official shall have primary responsibility for its component in \n        implementing the privacy policy for the Department established \n        by the senior official appointed under section 222.\n            ``(2) Components.--The components of the Department \n        referred to in this subparagraph are as follows:\n                    ``(A) The Transportation Security Administration.\n                    ``(B) The Bureau of Citizenship and Immigration \n                Services.\n                    ``(C) Customs and Border Protection.\n                    ``(D) Immigration and Customs Enforcement.\n                    ``(E) The Federal Emergency Management Agency.\n                    ``(F) The Coast Guard.\n                    ``(G) The Directorate of Science and Technology.\n                    ``(H) The Office of Intelligence and Analysis.\n                    ``(I) The Directorate for National Protection and \n                Programs.\n    ``(b) Responsibilities.--Each privacy official designated under \nsubsection (a) shall report directly to both the head of the official's \ncomponent and the senior official appointed under section 222, and \nshall have the following responsibilities with respect to the \ncomponent:\n            ``(1) Serve as such senior official's main point of contact \n        at the component to implement the polices and directives of \n        such senior official in carrying out section 222.\n            ``(2) Advise the head of that component on privacy \n        considerations when any law, regulation, program, policy, \n        procedure, or guideline is proposed, developed, or implemented.\n            ``(3) Assure that the use of technologies by the component \n        sustain or enhance privacy protections relating to the use, \n        collection, and disclosure of personal information within the \n        component.\n            ``(4) Identify privacy issues related to component programs \n        and apply appropriate privacy policies in accordance with \n        Federal privacy law and Departmental policies developed to \n        ensure that the component protects the privacy of individuals \n        affected by its activities.\n            ``(5) Monitor the component's compliance with all \n        applicable Federal privacy laws and regulations, implement \n        corrective, remedial, and preventive actions and notify the \n        senior official appointed under section 222 of privacy issues \n        or non-compliance, whenever necessary.\n            ``(6) Ensure that personal information contained in Privacy \n        Act systems of records is handled in full compliance with \n        section 552a of title 5, United States Code.\n            ``(7) Assist in drafting and reviewing privacy impact \n        assessments, privacy threshold assessments, and system of \n        records notices, in conjunction with and under the direction of \n        the senior official appointed under section 222, for any new or \n        substantially changed program or technology that collects, \n        maintains, or disseminates personally identifiable information \n        within the official's component.\n            ``(8) Assist in drafting and reviewing privacy impact \n        assessments, privacy threshold assessments, and system of \n        records notices in conjunction with and under the direction of \n        the senior official appointed under section 222, for proposed \n        rulemakings and regulations within the component.\n            ``(9) Conduct supervision of programs, regulations, \n        policies, procedures, or guidelines to ensure the component's \n        protection of privacy and, as necessary, promulgate guidelines \n        and conduct oversight to ensure the protection of privacy.\n            ``(10) Implement and monitor privacy training for component \n        employees and contractors in coordination with the senior \n        official appointed under section 222.\n            ``(11) Provide the senior official appointed under section \n        222 with written materials and information regarding the \n        relevant activities of the component, including privacy \n        violations and abuse, that are needed by the senior official to \n        successfully prepare the reports the senior official submits to \n        Congress and prepares on behalf of the Department.\n            ``(12) Any other responsibilities assigned by the Secretary \n        or the senior official appointed under section 222.\n    ``(c) Role of Component Heads.--The head of a component identified \nin subsection (a)(2) shall ensure that the privacy official designated \nunder subsection (a) for that component--\n            ``(1) has the information, material, and resources \n        necessary to fulfill the responsibilities of such official \n        under this section;\n            ``(2) is advised of proposed policy changes and the \n        development of new programs, rules, regulations, procedures, or \n        guidelines during the planning stage and is included in the \n        decision-making process; and\n            ``(3) is given access to material and personnel the privacy \n        official deems necessary to carry out the official's \n        responsibilities.\n    ``(d) Limitation.--Nothing in this section shall be considered to \nabrogate the role and responsibilities of the senior official appointed \nunder section 222.''.\n    (b) Clerical Amendment.--The table of contents in section 1(b) of \nsuch Act is amended by inserting after the item related to section 222 \nthe following new item:\n\n``Sec. 222A. Privacy officials.''.\n\n            Passed the House of Representatives July 30, 2008.\n\n            Attest:\n\n                                            LORRAINE C. MILLER,\n\n                                                                 Clerk.","title":""}
+{"_id":"c152","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Department of Homeland Security \nMorale, Recognition, Learning and Engagement Act of 2017'' or the ``DHS \nMORALE Act''.\n\nSEC. 2. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.\n\n    Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is \namended--\n            (1) in subsection (b)--\n                    (A) in paragraph (1)--\n                            (i) by inserting ``, including with respect \n                        to leader development and employee \n                        engagement,'' after ``policies'';\n                            (ii) by striking ``and in line'' and \n                        inserting ``, in line''; and\n                            (iii) by inserting ``and informed by best \n                        practices within the Federal government and the \n                        private sector,'' after ``priorities,'';\n                    (B) in paragraph (2), by striking ``develop \n                performance measures to provide a basis for monitoring \n                and evaluating'' and inserting ``evaluate, on an \n                ongoing basis,'';\n                    (C) in paragraph (3), by inserting ``that, to the \n                extent practicable, are informed by employee \n                feedback,'' after ``policies'';\n                    (D) in paragraph (4), by inserting ``including \n                leader development and employee engagement programs,'' \n                before ``in coordination'';\n                    (E) in paragraph (5), by inserting before the \n                semicolon at the end the following: ``that is informed \n                by an assessment, carried out by the Chief Human \n                Capital Officer, of the learning and developmental \n                needs of employees in supervisory and non-supervisory \n                roles across the Department and appropriate workforce \n                planning initiatives'';\n                    (F) by redesignating paragraphs (9) and (10) as \n                paragraphs (11) and (12), respectively; and\n                    (G) by inserting after paragraph (8) the following \n                new paragraphs:\n            ``(9) maintain a catalogue of available employee \n        development opportunities, including the Homeland Security \n        Rotation Program pursuant to section 844, departmental \n        leadership development programs, interagency development \n        programs, and other rotational programs;\n            ``(10) ensure that employee discipline and adverse action \n        programs comply with the requirements of all pertinent laws, \n        rules, regulations, and Federal guidance, and ensure due \n        process for employees;'';\n            (2) by redesignating subsections (d) and (e) as subsections \n        (e) and (f), respectively;\n            (3) by inserting after subsection (c) the following new \n        subsection:\n    ``(d) Chief Learning and Engagement Officer.--The Chief Human \nCapital Officer may designate an employee of the Department to serve as \na Chief Learning and Engagement Officer to assist the Chief Human \nCapital Officer in carrying out this section.''; and\n            (4) in subsection (e), as so redesignated--\n                    (A) by redesignating paragraphs (2), (3), and (4) \n                as paragraphs (5), (6), and (7), respectively; and\n                    (B) by inserting after paragraph (1) the following \n                new paragraphs:\n            ``(2) information on employee development opportunities \n        catalogued pursuant to paragraph (9) of subsection (b) and any \n        available data on participation rates, attrition rates, and \n        impacts on retention and employee satisfaction;\n            ``(3) information on the progress of Department-wide \n        strategic workforce planning efforts as determined under \n        paragraph (2) of subsection (b);\n            ``(4) information on the activities of the steering \n        committee established pursuant to section 710(a), including the \n        number of meeting, types of materials developed and \n        distributed, and recommendations made to the Secretary;''.\n\nSEC. 3. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.\n\n    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 \nU.S.C. 341 et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 710. EMPLOYEE ENGAGEMENT.\n\n    ``(a) Steering Committee.--Not later than 120 days after the date \nof the enactment of this section, the Secretary shall establish an \nemployee engagement steering committee, including representatives from \noperational components, headquarters, and field personnel, including \nsupervisory and non-supervisory personnel, and employee labor \norganizations that represent Department employees, and chaired by the \nUnder Secretary for Management, to carry out the following activities:\n            ``(1) Identify factors that have a negative impact on \n        employee engagement, morale, and communications within the \n        Department, such as perceptions about limitations on career \n        progression, mobility, or development opportunities, collected \n        through employee feedback platforms, including through annual \n        employee surveys, questionnaires, and other communications, as \n        appropriate.\n            ``(2) Identify, develop, and distribute initiatives and \n        best practices to improve employee engagement, morale, and \n        communications within the Department, including through annual \n        employee surveys, questionnaires, and other communications, as \n        appropriate.\n            ``(3) Monitor efforts of each component to address employee \n        engagement, morale, and communications based on employee \n        feedback provided through annual employee surveys, \n        questionnaires, and other communications, as appropriate.\n            ``(4) Advise the Secretary on efforts to improve employee \n        engagement, morale, and communications within specific \n        components and across the Department.\n            ``(5) Conduct regular meetings and report, not less than \n        once per quarter, to the Under Secretary for Management, the \n        head of each component, and the Secretary on Department-wide \n        efforts to improve employee engagement, morale, and \n        communications.\n    ``(b) Action Plan; Reporting.--The Secretary, acting through the \nChief Human Capital Officer, shall--\n            ``(1) not later than 120 days after the date of the \n        establishment of the steering committee under subsection (a), \n        issue a Department-wide employee engagement action plan, \n        reflecting input from the employee engagement steering \n        committee established pursuant to subsection (a) and employee \n        feedback provided through annual employee surveys, \n        questionnaires, and other communications in accordance with \n        paragraph (1) of such subsection, to execute strategies to \n        improve employee engagement, morale, and communications within \n        the Department; and\n            ``(2) require the head of each component to--\n                    ``(A) develop and implement a component-specific \n                employee engagement plan to advance the action plan \n                required under paragraph (1) that includes performance \n                measures and objectives, is informed by employee \n                feedback provided through annual employee surveys, \n                questionnaires, and other communications, as \n                appropriate, and sets forth how employees and, where \n                applicable, their labor representatives are to be \n                integrated in developing programs and initiatives;\n                    ``(B) monitor progress on implementation of such \n                action plan; and\n                    ``(C) provide to the Chief Human Capital Officer \n                and the steering committee quarterly reports on actions \n                planned and progress made under this paragraph.\n    ``(c) Termination.--This section shall terminate on the date that \nis 5 years after the date of the enactment of this section.''.\n    (b) Clerical Amendment.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002 is amended by inserting after the \nitem relating to section 709 the following new item:\n\n``Sec. 710. Employee engagement.''.\n    (c) Submissions to Congress.--\n            (1) Department-wide employee engagement action plan.--The \n        Secretary of Homeland Security, acting through the Chief Human \n        Capital Officer of the Department of Homeland Security, shall \n        submit to the Committee on Homeland Security of the House of \n        Representatives and the Committee on Homeland Security and \n        Governmental Affairs of the Senate the Department-wide employee \n        engagement action plan required under subsection (b)(1) of \n        section 710 of the Homeland Security Act of 2002 (as added by \n        subsection (a) of this section) not later than 30 days after \n        the issuance of such plan under such subsection (b)(1).\n            (2) Component-specific employee engagement plans.--Each \n        head of a component of the Department of Homeland Security \n        shall submit to the Committee on Homeland Security of the House \n        of Representatives and the Committee on Homeland Security and \n        Governmental Affairs of the Senate the component-specific \n        employee engagement plan of each such component required under \n        subsection (b)(2) of section 710 of the Homeland Security Act \n        of 2002 (as added by subsection (a) of this section) not later \n        than 30 days after the issuance of each such plan under such \n        subsection (b)(2).\n\nSEC. 4. ANNUAL EMPLOYEE AWARD PROGRAM.\n\n    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 \nU.S.C. 341 et seq.), as amended by section 3 of this Act, is further \namended by adding at the end the following new section:\n\n``SEC. 711. ANNUAL EMPLOYEE AWARD PROGRAM.\n\n    ``(a) In General.--The Secretary may establish an annual employee \naward program to recognize Department employees or groups of employees \nfor significant contributions to the achievement of the Department's \ngoals and missions. If such a program is established, the Secretary \nshall--\n            ``(1) establish within such program categories of awards, \n        each with specific criteria, that emphasizes honoring employees \n        who are at the non-supervisory level;\n            ``(2) publicize within the Department how any employee or \n        group of employees may be nominated for an award;\n            ``(3) establish an internal review board comprised of \n        representatives from Department components, headquarters, and \n        field personnel to submit to the Secretary award \n        recommendations regarding specific employees or groups of \n        employees;\n            ``(4) select recipients from the pool of nominees submitted \n        by the internal review board under paragraph (3) and convene a \n        ceremony at which employees or groups of employees receive such \n        awards from the Secretary; and\n            ``(5) publicize such program within the Department.\n    ``(b) Internal Review Board.--The internal review board described \nin subsection (a)(3) shall, when carrying out its function under such \nsubsection, consult with representatives from operational components \nand headquarters, including supervisory and non-supervisory personnel, \nand employee labor organizations that represent Department employees.\n    ``(c) Rule of Construction.--Nothing in this section may be \nconstrued to authorize additional funds to carry out the requirements \nof this section or to require the Secretary to provide monetary bonuses \nto recipients of an award under this section.''.\n    (b) Clerical Amendment.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002, as amended by section 3 of this Act, \nis further amended by inserting after the item relating to section 710 \nthe following new item:\n\n``Sec. 711. Annual employee award program.''.\n\nSEC. 5. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.\n\n    (a) In General.--Not later than 120 days after the date of the \nenactment of this Act or the issuance of a report by the Inspector \nGeneral of the Department of Homeland Security on the extent to which \nthe Department has an equitable and consistent disciplinary process, \nwhichever is later, but in no case later than 1 year after such date of \nenactment, the Comptroller General of the United States shall utilize, \nif available, such report and investigate whether the application of \ndiscipline and adverse actions are administered in an equitable and \nconsistent manner that results in the same or substantially similar \ndisciplinary outcomes across the Department for misconduct by a non-\nsupervisory or supervisor employee who engaged in the same or \nsubstantially similar misconduct.\n    (b) Consultation.--In carrying out the investigation described in \nsubsection (a), the Comptroller General of the United States shall \nconsult with the employee engagement steering committee established \npursuant to subsection (b)(1) of section 710 of the Homeland Security \nAct of 2002 (as added by section 3(a) of this Act).\n    (c) Action by Under Secretary for Management.--Upon completion of \nthe investigation described in subsection (a), the Under Secretary for \nManagement of the Department of Homeland Security shall review the \nfindings and recommendations of such investigation and implement a \nplan, in consultation with the employee engagement steering committee \nestablished pursuant to subsection (b)(1) of section 710 of the \nHomeland Security Act of 2002, to correct any relevant deficiencies \nidentified by the Comptroller General of the United States. The Under \nSecretary for Management shall direct the employee engagement steering \ncommittee to review such plan to inform committee activities and action \nplans authorized under such section 710.\n\nSEC. 5. PROHIBITION ON NEW FUNDING.\n\n    No additional funds are authorized to carry out the requirements of \nthis Act and the amendments made by this Act. Such requirements shall \nbe carried out using amounts otherwise authorized.\n\n            Passed the House of Representatives June 20, 2017.\n\n            Attest:\n\n                                                 KAREN L. HAAS,\n\n                                                                 Clerk.","title":""}
+{"_id":"c153","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Department of Veterans Affairs \nPurchased Health Care Streamlining and Modernization Act''.\n\nSEC. 2. AGREEMENTS.\n\n    (a) In General.--Subchapter I of chapter 17 of title 38, United \nStates Code, is amended by inserting after section 1703 the following \nnew section:\n``Sec. 1703A. Veterans Care Agreements with certain health care \n              providers\n    ``(a) Veterans Care Agreements.--(1) In addition to furnishing \nhospital care, medical services, or extended care under this chapter at \nfacilities of the Department or under contracts or sharing agreements \nentered into pursuant to provisions of law other than this section, the \nSecretary may furnish such care and services to eligible veterans \nthrough the use of agreements entered into under this section by the \nSecretary with eligible providers.\n    ``(2) The Secretary may enter into Veterans Care Agreements under \nthis section with eligible providers to furnish hospital care, medical \nservices, and extended care to veterans whom the Secretary determines \nthat furnishing such care and services at facilities of the Department \nor under contracts or sharing agreements under provisions of law other \nthan this section is impracticable or inadvisable because of the \nmedical condition of the veteran, the travel involved, or the nature of \nthe care or services required, or a combination of such factors.\n    ``(b) Veteran Eligibility.--Eligibility of a veteran for care and \nservices under this section shall be determined as if such care or \nservices were furnished in a facility of the Department, and provisions \nof this title applicable to veterans receiving such care and services \nin a facility of the Department shall apply to veterans receiving care \nand services under this section.\n    ``(c) Provider Eligibility.--Subject to the certification process \npursuant to subsection (d)(1), a provider of hospital care, medical \nservices, or extended care is eligible to enter into a Veterans Care \nAgreement under this section if the Secretary determines that the \nprovider meets each of the following criteria:\n            ``(1) The gross annual revenue of the provider in the year \n        preceding the year in which the provider enters into the \n        Veterans Care Agreement does not exceed $11,000,000 (as \n        adjusted in a manner similar to amounts adjusted pursuant to \n        section 5312 of this title).\n            ``(2) The provider does not otherwise provide such care or \n        services to patients pursuant to a contract entered into with a \n        department or agency of the Federal Government.\n            ``(3) The provider is--\n                    ``(A) a provider of services that has enrolled and \n                entered into a provider agreement under section 1866(a) \n                of the Social Security Act (42 U.S.C. 1395cc(a));\n                    ``(B) a physician or supplier that has enrolled and \n                entered into a participation agreement under section \n                1842(h) of such Act (42 U.S.C. 1395u(h));\n                    ``(C) a provider of items and services receiving \n                payment under a State plan under title XIX of such Act \n                (42 U.S.C. 1396 et seq.) or a waiver of such a plan;\n                    ``(D) an Aging and Disability Resource Center, an \n                area agency on aging, or a State agency (as defined in \n                section 102 of the Older Americans Act of 1965 (42 \n                U.S.C. 3002)); or\n                    ``(E) a center for independent living (as defined \n                in section 702 of the Rehabilitation Act of 1973 (29 \n                U.S.C. 796a)).\n            ``(4) Any additional criteria determined appropriate by the \n        Secretary.\n    ``(d) Provider Certification.--(1) The Secretary shall establish a \nprocess for the certification of eligible providers to enter into \nVeterans Care Agreements under this section that shall, at a minimum, \nset forth the following:\n            ``(A) Procedures for the submission of applications for \n        certification and deadlines for actions taken by the Secretary \n        with respect to such applications.\n            ``(B) Standards and procedures for the approval and denial \n        of certifications and the revocation of certifications.\n            ``(C) Procedures for assessing eligible providers based on \n        the risk of fraud, waste, and abuse of such providers similar \n        to the level of screening under section 1866(j)(2)(B) of the \n        Social Security Act (42 U.S.C. 1395(j)(2)(B)) and the standards \n        set forth under section 9.104 of title 48, Code of Federal \n        Regulations, or any successor regulation.\n            ``(D) Requirement for denial or revocation of certification \n        if the Secretary determines that the otherwise eligible \n        provider is--\n                    ``(i) excluded from participation in a Federal \n                health care program (as defined in section 1128B(f) of \n                the Social Security Act (42 U.S.C. 1320a-7b(f))) under \n                section 1128 or 1128A of the Social Security Act (42 \n                U.S.C. 1320a-7 and 1320a-7a); or\n                    ``(ii) identified as an excluded source on the list \n                maintained in the System for Award Management, or any \n                successor system.\n            ``(E) Procedures by which a provider whose certification is \n        denied or revoked under the procedures established under this \n        subsection will be identified as an excluded source on the list \n        maintained in the System for Award Management, or successor \n        system, if the Secretary determines that such exclusion is \n        appropriate.\n    ``(2) To the extent practicable, the Secretary shall establish the \nprocedures under paragraph (1) in a manner that takes into account any \ncertification process administered by another department or agency of \nthe Federal Government that an eligible provider has completed by \nreason of being a provider described in any of subparagraphs (A) \nthrough (E) of subsection (c)(3).\n    ``(e) Terms of Agreements.--The Secretary shall ensure that each \nVeterans Care Agreement include provisions requiring the eligible \nprovider to do the following:\n            ``(1) To accept payment for care and services furnished \n        under this section at rates established by the Secretary for \n        purposes of this section, which shall be, to the extent \n        practicable--\n                    ``(A) the rates paid by the United States for such \n                care to providers of services and suppliers under the \n                Medicare program under title XVIII of the Social \n                Security Act (42 U.S.C. 1395 et seq.);\n                    ``(B) the rates paid by the United States pursuant \n                to the Alaska Fee Schedule of the Department of \n                Veterans Affairs;\n                    ``(C) the rates paid by the United States pursuant \n                to an All-Payer Model Agreement under the Social \n                Security Act; or\n                    ``(D) the rates paid by the United States in a \n                highly rural area pursuant to section \n                101(d)(2)(B)(ii)(I) of the Veterans Access, Choice, and \n                Accountability Act of 2014 (38 U.S.C. 1701 note).\n            ``(2) To accept payment under paragraph (1) as payment in \n        full for care and services furnished under this section and to \n        not seek any payment for such care and services from the \n        recipient of such care.\n            ``(3) To furnish under this section only the care and \n        services authorized by the Department under this section unless \n        the eligible provider receives prior written consent from the \n        Department to furnish care and services outside the scope of \n        such authorization.\n            ``(4) To bill the Department for care and services \n        furnished under this section in accordance with a methodology \n        established by the Secretary for purposes of this section.\n            ``(5) Not to seek to recover or collect from a health-plan \n        contract or third party (as those terms are defined in section \n        1729 of this title) for any care or services for which payment \n        is made by the Department under this section.\n            ``(6) To provide medical records for veterans furnished \n        care and services under this section to the Department in a \n        timeframe and format specified by the Secretary for purposes of \n        this section, except the Secretary may not require that any \n        payment by the Secretary to the eligible provider be contingent \n        on such provision of medical records.\n            ``(7) To meet other such terms and conditions, including \n        quality of care assurance standards, as the Secretary may \n        specify for purposes of this section.\n    ``(f) Exclusion of Certain Federal Contracting Provisions.--(1) \nNotwithstanding any other provision of law, the Secretary may enter \ninto a Veterans Care Agreement using procedures other than competitive \nprocedures.\n    ``(2)(A) Except as provided in subparagraph (B) and unless \notherwise provided in this section, an eligible provider that enters \ninto a Veterans Care Agreement under this section is not subject to, in \nthe carrying out of the agreement, any provision of law that providers \nof services and suppliers under the original Medicare fee-for-service \nprogram under parts A and B of title XVIII of the Social Security Act \n(42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of \nsuch Act (42 U.S.C. 1396 et seq.) are not subject to.\n    ``(B) In addition to the provisions of laws covered by subparagraph \n(A), an eligible provider shall be subject to the following provisions \nof law:\n            ``(i) Any applicable law regarding integrity, ethics, or \n        fraud, or that subject a person to civil or criminal penalties.\n            ``(ii) Section 431 of title 18.\n            ``(iii) Section 1352 of title 31, except for the filing \n        requirements under subsection (b) of such section.\n            ``(iv) Section 4705 or 4712 of title 41, and any other \n        applicable law regarding the protection of whistleblowers.\n            ``(v) Section 4706(d) of title 41.\n            ``(vi) Title VII of the Civil Rights Act of 1964 (42 U.S.C. \n        2000e et seq.) to the same extent as such title applies with \n        respect to the eligible provider in providing care or services \n        through an agreement or arrangement other than under a Veterans \n        Care Agreement.\n    ``(C) An eligible provider that receives a payment from the Federal \nGovernment pursuant to a Veterans Care Agreement shall not be treated \nas a Federal contractor or subcontractor by the Office of Federal \nContract Compliance Programs of the Department of Labor based on the \nwork performed or actions taken by such eligible provider that resulted \nin the receipt of such payments.\n    ``(g) Termination of Veterans Care Agreement.--(1) An eligible \nprovider may terminate a Veterans Care Agreement with the Secretary \nunder this section at such time and upon such notice to the Secretary \nas the Secretary may specify for purposes of this section.\n    ``(2) The Secretary may terminate a Veterans Care Agreement with an \neligible provider under this section at such time and upon such notice \nto the eligible provider as the Secretary may specify for the purposes \nof this section, if the Secretary--\n            ``(A) determines that the eligible provider failed to \n        comply with the provisions of the agreement or this section or \n        other applicable provision of law;\n            ``(B) makes a revocation pursuant to subsection (d)(1)(4);\n            ``(C) ascertains that the eligible provider has been \n        convicted of a felony or other serious offense under Federal or \n        State law and determines that the continued participation of \n        the eligible provider would be detrimental to the best \n        interests of veterans of the Department; or\n            ``(D) determines that it is reasonable to terminate the \n        agreement based on the health care needs of veterans.\n    ``(h) Duration; Mandatory Reviews.--(1) Each Veterans Care \nAgreement entered into under this section shall be for a two-year \nperiod unless the Secretary extends the agreement pursuant to paragraph \n(2)(B).\n    ``(2)(A) During the 180-day period beginning 540 days after the \ndate on which a Veterans Care Agreement is entered into or renewed, the \nSecretary shall review the agreement to determine whether it is \nfeasible and advisable to instead furnish the hospital care, medical \nservices, or extended care furnished under the agreement at facilities \nof the Department or through contracts or sharing agreements entered \ninto under authorities other than this section.\n    ``(B) If the Secretary determines under subparagraph (A) that it is \nnot feasible and advisable to instead furnish hospital care, medical \nservices, or extended care furnished under a Veterans Care Agreement at \nfacilities of the Department or through contracts or sharing agreements \nentered into under authorities other than this section, the Secretary--\n            ``(i) shall prepare a written memorandum of such \n        determination; and\n            ``(ii) may renew such agreement.\n    ``(i) Disputes.--(1) The Secretary shall establish administrative \nprocedures for eligible providers with which the Secretary has entered \ninto a Veterans Care Agreement to present any dispute arising under or \nrelated to the agreement.\n    ``(2) Before using any dispute resolution mechanism under chapter \n71 of title 41 with respect to a dispute arising under a Veterans Care \nAgreement under this section, an eligible provider must first exhaust \nthe administrative procedures established by the Secretary under \nparagraph (1).\n    ``(j) Annual Reports.--Not later than October 1 of the year \nfollowing the fiscal year in which the Secretary first enters into a \nVeterans Care Agreement, and each year thereafter, the Secretary shall \nsubmit to the appropriate congressional committees an annual report \nthat includes--\n            ``(1) a list of all Veterans Care Agreements entered into \n        as of the date of the report; and\n            ``(2) summaries of each determination made by the Secretary \n        under subsection (h)(2) during the fiscal year covered by the \n        report.\n    ``(k) Quality of Care.--In carrying out this section, the Secretary \nshall use the quality of care standards set forth or used by the \nCenters for Medicare & Medicaid Services.\n    ``(l) Delegation.--The Secretary may delegate the authority to \nenter into or terminate a Veterans Care Agreement, or to make a \ndetermination described in subsection (h)(2), at a level not below the \nAssistant Deputy Under Secretary for Health for Community Care.\n    ``(m) Sunset.--The Secretary may not enter into or renew a Veterans \nCare Agreement under this section after the date that is five years \nafter the enactment of this Act.\n    ``(n) Definitions.--In this section:\n            ``(1) The term `appropriate congressional committees' \n        means--\n                    ``(A) the Committees on Veterans' Affairs of the \n                House of Representatives and the Senate; and\n                    ``(B) the Committees on Appropriations of the House \n                of Representatives and the Senate.\n            ``(2) The term `eligible provider' means a provider of \n        hospital care, medical services, or extended care that the \n        Secretary determines is eligible to enter into Veterans Care \n        Agreements under subsection (c).\n            ``(3) The term `Veterans Care Agreement' means an agreement \n        entered into by the Secretary with an eligible provider under \n        subsection (a)(1).''.\n    (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 17 of such title is amended by inserting after the item related \nto section 1703 the following new item:\n\n``1703A. Veterans Care Agreements with certain health care \n                            providers.''.\n    (c) Regulations.--Not later than one year after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall \nprescribe interim final regulations to implement section 1703A of title \n38, United States Code, as added by subsection (a), and publish such \nregulations in the Federal Register.","title":""}
+{"_id":"c154","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Developing Resources Immediately and \nLong-Term through Leases on Our Nation's Offshore Waters Act of 2008'' \nor the ``DRILL NOW Act of 2008''.\n\nSEC. 2. TERMINATION OF LAWS PROHIBITING THE SPENDING OF APPROPRIATED \n              FUNDS FOR OUTER CONTINENTAL SHELF LEASING ACTIVITIES.\n\n    All provisions of existing Federal law prohibiting the spending of \nappropriated funds to conduct oil and natural gas leasing and \npreleasing activities for any area of the Outer Continental Shelf shall \nhave no force or effect.\n\nSEC. 3. REVOCATION OF EXISTING PRESIDENTIAL WITHDRAWALS.\n\n    All withdrawals of Federal submerged lands of the Outer Continental \nShelf from leasing, including withdrawals by the President under the \nauthority of section 12(a) of the Outer Continental Shelf Lands Act (43 \nU.S.C. 1341(a)), are hereby revoked and are no longer in effect with \nrespect to the leasing of areas for exploration for, and development \nand production of, oil, and natural gas.\n\nSEC. 4. REVOCATION OF EXISTING PRESIDENTIAL AUTHORITY.\n\n    All authorities given to the President with respect to the leasing \nof Federal submerged lands of the Outer Continental Shelf, given under \nsection 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. \n1341(a)), are hereby revoked, except in the interest of national \nsecurity.\n\nSEC. 5. AVAILABILITY OF CERTAIN AREAS FOR LEASING.\n\n    Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) \nis amended by adding at the end the following:\n    ``(q) Availability of Certain Areas for Leasing.--\n            ``(1) Definitions.--In this subsection:\n                    ``(A) Governor.--The term `Governor' means the \n                Governor of a State.\n                    ``(B) Qualified revenues.--The term `qualified \n                revenues' means all rentals, royalties, bonus bids, and \n                other sums due and payable to the United States from \n                leases entered into on or after the date of enactment \n                of this Act for natural gas exploration and extraction \n                activities authorized by the Secretary under this \n                subsection.\n            ``(2) Petition.--\n                    ``(A) In general.--The Governor may submit to the \n                Secretary a petition requesting that the Secretary \n                issue leases authorizing the conduct of oil and natural \n                gas exploration and extraction activities in any area \n                that is at least 50 miles beyond the coastal zone of \n                the State.\n                    ``(B) Contents.--In any petition under subparagraph \n                (A), the Governor shall include a detailed plan of the \n                proposed exploration and extraction activities, as \n                applicable.\n            ``(3) Action by secretary.--\n                    ``(A) In general.--Subject to subparagraph (D), as \n                soon as practicable after the date of receipt of a \n                petition under paragraph (2), the Secretary shall \n                approve or deny the petition.\n                    ``(B) Requirements for exploration and \n                extraction.--The Secretary shall not approve a petition \n                submitted under paragraph (2)(A) unless the State \n                enacts legislation supporting exploration and \n                extraction of oil and natural gas in the coastal zone \n                of the State.\n                    ``(C) Consistency with legislation.--The plan \n                provided in the petition under paragraph (2)(B) shall \n                be consistent with the legislation described in \n                subparagraph (B) as applicable.\n                    ``(D) Conflicts with military operations and \n                national security.--The Secretary shall not approve a \n                petition for a drilling activity under this paragraph \n                if the drilling activity would conflict with any \n                military operation or national security, as determined \n                by the President.\n            ``(4) Disposition of revenues.--Notwithstanding section 9, \n        for each applicable fiscal year, the Secretary of the Treasury \n        shall deposit--\n                    ``(A) 25 percent of qualified revenues in a Clean \n                and Alternative Energy Fund in the Treasury, which \n                shall be established by the Secretary;\n                    ``(B) 25 percent of qualified revenues in the \n                general fund of the Treasury;\n                    ``(C) 37.5 percent of qualified revenues in a \n                special account in the Treasury from which the \n                Secretary shall disburse to the State; and\n                    ``(D) 6.25 percent to provide financial assistance \n                to States in accordance with section 6 of the Land and \n                Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), \n                which shall be considered income to the Land and Water \n                Conservation Fund for purposes of section 2 of that Act \n                (16 U.S.C. 460l-5); and\n                    ``(E) 6.25 percent to a reserve fund to be used to \n                mitigate for any environmental damage that occurs as a \n                result of extraction activities authorized under this \n                subsection, regardless of whether the damage is--\n                            ``(i) reasonably foreseeable; or\n                            ``(ii) caused by negligence, natural \n                        disasters, or other acts.\n            ``(5) Existing leases.--Any funds that would be received by \n        the United States as royalties under any Federal oil and gas \n        lease of an area on the outer Continental Shelf within 50 miles \n        of the coastal zone of the State of Texas, Louisiana, \n        Mississippi, or Alabama that is in effect on the date of \n        enactment of the DRILL NOW Act of 2008 shall be paid to that \n        State if the State enacts a statute that establishes a plan for \n        expenditure of those funds.''.","title":""}
+{"_id":"c155","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Developing Resources Immediately and \nLong-Term through Leases on Our Nation's Offshore Waters Act of 2009'' \nor the ``DRILL NOW Act of 2009''.\n\nSEC. 2. REVOCATION OF EXISTING PRESIDENTIAL AUTHORITY.\n\n    Section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. \n1341(a)) is amended--\n            (1) by striking ``the President'' and inserting ``(1) \n        Except as provided in paragraph (2), the President''; and\n            (2) by adding at the end the following: , are hereby \n        revoked.\n    ``(2)(A) The President may not withdraw any lands of the outer \nContinental Shelf from disposition for exploration, development, or \nproduction of oil and gas, except as the President determines necessary \nfor national security purposes.\n    ``(B) This paragraph shall not affect any withdrawal in effect \nimmediately before the enactment of the DRILL NOW Act of 2009''.\n\nSEC. 3. AVAILABILITY OF CERTAIN AREAS FOR LEASING.\n\n    Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) \nis amended by adding at the end the following:\n    ``(q) Availability of Certain Areas for Leasing.--\n            ``(1) Definitions.--In this subsection:\n                    ``(A) Coastal zone.--The term `coastal zone' has \n                the meaning that term has in section 304 of the Coastal \n                Zone Management Act of 1972 (16 U.S.C. 1453).\n                    ``(B) Governor.--The term `Governor' means the \n                Governor of a State.\n                    ``(C) Qualified revenues.--The term `qualified \n                revenues' means all rentals, royalties, bonus bids, and \n                other sums due and payable to the United States from \n                leases entered into on or after the date of enactment \n                of the DRILL NOW Act of 2009 for natural gas \n                exploration and extraction activities authorized by the \n                Secretary under this subsection.\n            ``(2) Petition.--\n                    ``(A) In general.--The Governor of a State may \n                submit to the Secretary a petition requesting that the \n                Secretary issue leases authorizing the conduct of oil \n                and natural gas exploration and extraction activities \n                in any area that is within 50 miles of the coastline of \n                the State and within the lateral seaward boundaries of \n                the State extended.\n                    ``(B) Contents.--In any petition under subparagraph \n                (A), the Governor shall include a detailed plan of the \n                proposed exploration and extraction activities, as \n                applicable.\n            ``(3) Action by secretary.--\n                    ``(A) In general.--Subject to subparagraphs (B), \n                (C), and (D), as soon as practicable after the date of \n                receipt of a petition under paragraph (2), the \n                Secretary shall approve or deny the petition.\n                    ``(B) Requirements for exploration and \n                extraction.--The Secretary shall not approve a petition \n                submitted under paragraph (2)(A) unless the State \n                enacts a statute authorizing the issuance of leases for \n                exploration and extraction of oil and natural gas in \n                the coastal zone of the State.\n                    ``(C) Consistency with legislation.--The plan \n                provided in the petition under paragraph (2)(B) shall \n                be consistent with the statute described in \n                subparagraph (B).\n                    ``(D) Conflicts with military operations and \n                national security.--The Secretary shall not approve a \n                petition for a drilling activity under this paragraph--\n                            ``(i) if the drilling activity would \n                        conflict with any military operation or \n                        national security, as determined by the \n                        President; or\n                            ``(ii) in any area that is withdrawn under \n                        section 12(a) for national security purposes.\n            ``(4) Disposition of revenues.--Notwithstanding section 9, \n        for each applicable fiscal year, the Secretary of the \n        Treasury--\n                    ``(A) shall deposit 30 percent of qualified \n                revenues in a separate account in the Treasury, which--\n                            ``(i) shall be known as the Clean and \n                        Alternative Energy Fund; and\n                            ``(ii) shall be available to the Secretary \n                        of Energy for making grants for research and \n                        development of clean and alternative energy;\n                    ``(B) in the case of a lease tract any portion of \n                which is located within 50 miles of the coastline of \n                one or more States that have a portion of such leased \n                tract within the seaward lateral boundaries of such \n                State extended--\n                            ``(i) shall pay, in accordance with clause \n                        (ii), an amount equal to 40 percent of \n                        qualified revenues under such lease to the \n                        States with respect to which the lease tract is \n                        so located and that have enacted a statute that \n                        establishes a plan for expenditure of those \n                        funds; and\n                            ``(ii) shall pay to each such State a \n                        portion of such amount that is proportional to \n                        the portion of the lease tract that is so \n                        located with respect to the State; and\n                    ``(C) shall deposit the remainder of qualified \n                revenues in the general fund of the Treasury.\n    ``(r) Payment of Revenues Under Certain Existing Leases.--Of the \nfunds that would be received by the United States as royalties under \nany Federal oil and gas lease of an area on the outer Continental Shelf \nlocated within 50 miles of the coastline of the State of Texas, \nLouisiana, Mississippi, or Alabama that is in effect on the date of \nenactment of the DRILL NOW Act of 2009 the Secretary of the Treasury--\n            ``(1) shall deposit 30 percent in the Clean and Alternative \n        Energy Fund established under subsection (q)(4)(A);\n            ``(2) in the case of a lease tract any portion of which is \n        located within 50 miles of the coastline of one or more such \n        States that have a portion of such leased tract within the \n        seaward lateral boundaries of such State extended--\n                    ``(A) shall pay, in accordance with subparagraph \n                (B), an amount equal to 40 percent to the States with \n                respect to which the lease tract is so located and that \n                have enacted a statute that establishes a plan for \n                expenditure of those funds; and\n                    ``(B) shall pay to each such State a portion of \n                such amount that is proportional to the portion of the \n                leased tract that is so located with respect to the \n                State; and\n            ``(3) shall deposit the remainder in the general fund of \n        the Treasury.''.","title":""}
+{"_id":"c156","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Direct Check for Education Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) education should be a national priority but must remain \n        a local responsibility;\n            (2) the Federal Government's regulations and involvement \n        often creates barriers and obstacles to local creativity and \n        reform;\n            (3) parents, teachers, and local school districts must be \n        allowed and empowered to set local education priorities; and\n            (4) schools and education professionals must be accountable \n        to the people and children served.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Local educational agency.--The term ``local educational \n        agency'' has the meaning given the term in section 14101 of the \n        Elementary and Secondary Education Act of 1965 (20 U.S.C. \n        8801).\n            (2) Secretary.--The term ``Secretary'' means the Secretary \n        of Education.\n            (3) State.--The term ``State'' means each of the several \n        States of the United States, the District of Columbia, the \n        Commonwealth of Puerto Rico, Guam, American Samoa, the \n        Commonwealth of the Northern Mariana Islands, the United States \n        Virgin Islands, the Republic of the Marshall Islands, the \n        Federated States of Micronesia, and the Republic of Palau.\n\nSEC. 4. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES.\n\n    (a) Direct Awards.--From amounts appropriated under subsection (b) \nand not used to carry out subsection (c), the Secretary shall make \ndirect awards to local educational agencies in amounts determined under \nsubsection (e) to enable the local educational agencies to support \nprograms or activities, for kindergarten through grade 12 students, \nthat the local educational agencies deem appropriate.\n    (b) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this Act $3,500,000,000 for each of the \nfiscal years 2000 and 2001, $4,000,000,000 for each of the fiscal years \n2002 and 2003, and $5,000,000,000 for fiscal year 2004.\n    (c) Multiyear Awards.--The Secretary shall use funds appropriated \nunder subsection (b) for each fiscal year to continue to make payments \nto eligible recipients pursuant to any multiyear award made prior to \nthe date of enactment of this Act under the provisions of law repealed \nunder subsection (d). The payments shall be made for the duration of \nthe multiyear award.\n    (d) Repeals.--The following provisions of law are repealed:\n            (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et \n        seq.).\n            (2) Section 307 of the Department of Education \n        Appropriations Act, 1999.\n            (3) Title III of the Elementary and Secondary Education Act \n        of 1965 (20 U.S.C. 6801 et seq.).\n            (4) Part B of title VI of the Elementary and Secondary \n        Education Act of 1965 (20 U.S.C. 7331 et seq.).\n            (5) Part A of title X of the Elementary and Secondary \n        Education Act of 1965 (20 U.S.C. 8001 et seq.).\n            (6) The School-to-Work Opportunities Act of 1994 (20 U.S.C. \n        6101 et seq.).\n    (e) Determination of Amount.--\n            (1) Per child amount.--The Secretary, using the information \n        provided under subsection (f), shall determine a per child \n        amount for a year by dividing the total amount appropriated \n        under subsection (b) for the year, by the average daily \n        attendance of kindergarten through grade 12 students in all \n        States for the preceding year.\n            (2) Local educational agency award.--The Secretary, using \n        the information provided under subsection (f), shall determine \n        the amount provided to each local educational agency under this \n        section for a year by multiplying--\n                    (A) the per child amount determined under paragraph \n                (1) for the year; by\n                    (B) the average daily attendance of kindergarten \n                through grade 12 students that are served by the local \n                educational agency for the preceding year.\n    (f) Census Determination.--\n            (1) In general.--Each local educational agency shall \n        conduct a census to determine the average daily attendance of \n        kindergarten through grade 12 students served by the local \n        educational agency not later than December 1 of each year.\n            (2) Submission.--Each local educational agency shall submit \n        the number described in paragraph (1) to the Secretary not \n        later than March 1 of each year.\n    (g) Penalty.--If the Secretary determines that a local educational \nagency has knowingly submitted false information under subsection (f) \nfor the purpose of gaining additional funds under this section, then \nthe local educational agency shall be fined an amount equal to twice \nthe difference between the amount the local educational agency received \nunder this section, and the correct amount the local educational agency \nwould have received under this section if the agency had submitted \naccurate information under subsection (f).\n    (h) Disbursal.--The Secretary shall disburse the amount awarded to \na local educational agency under this Act for a fiscal year not later \nthan July 1 of each year.\n\nSEC. 5. AUDIT.\n\n    (a) In General.--The Secretary may conduct audits of the \nexpenditures of local educational agencies under this Act to ensure \nthat the funds made available under this Act are used in accordance \nwith this Act.\n    (b) Sanctions and Penalties.--If the Secretary determines that the \nfunds made available under section 4 were not used in accordance with \nsection 4(a), the Secretary may use the enforcement provisions \navailable to the Secretary under part D of the General Education \nProvisions Act (20 U.S.C. 1234 et seq.).","title":""}
+{"_id":"c157","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Disaster Recovery Personal \nProtection Act of 2006''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) The Second Amendment to the Constitution of the United \n        States states that, ``A well regulated Militia, being necessary \n        to the security of a free State, the right of the people to \n        keep and bear Arms, shall not be infringed.'' and Congress has \n        repeatedly recognized this language as protecting an individual \n        right.\n            (2) In the wake of Hurricane Katrina, State and local law \n        enforcement and public safety service organizations were \n        overwhelmed and could not fulfill the safety needs of the \n        citizens of the State of Louisiana.\n            (3) In the wake of Hurricane Katrina, the safety of these \n        citizens, and of their homes and property, was threatened by \n        instances of criminal activity.\n            (4) Many of these citizens lawfully kept firearms for the \n        safety of themselves, their loved ones, their businesses, and \n        their property, as guaranteed by the Second Amendment, and used \n        their firearms, individually or in concert with their \n        neighbors, for protection against crime.\n            (5) In the wake of Hurricane Katrina, certain agencies \n        confiscated the firearms of these citizens, in contravention of \n        the Second Amendment, depriving these citizens of the right to \n        keep and bear arms and rendering them helpless against criminal \n        activity.\n            (6) These confiscations were carried out at gunpoint, by \n        nonconsensual entries into private homes, by traffic \n        checkpoints, by stoppage of boats, and otherwise by force.\n            (7) The citizens from whom firearms were confiscated were \n        either in their own homes or attempting to flee the flooding \n        and devastation by means of motor vehicle or boat, and were \n        accosted, stopped, and arbitrarily deprived of their private \n        property and means of protection.\n            (8) The means by which the confiscations were carried out, \n        which included intrusion into the home, temporary detention of \n        persons, and seizures of property, constituted unreasonable \n        searches and seizures and deprived these citizens of liberty \n        and property without due process of law in violation of \n        fundamental rights under the Constitution of the United States.\n            (9) Many citizens who took temporary refuge in emergency \n        housing were prohibited from storing firearms on the premises, \n        and were thus treated as second-class citizens who had \n        forfeited their constitutional right to keep and bear arms.\n            (10) At least 1 highly-qualified search and rescue team was \n        prevented from joining in relief efforts because the team \n        included individuals with firearms, although these individuals \n        had been deputized as Federal law enforcement officers.\n            (11) These confiscations and prohibitions, and the means by \n        which they were carried out, deprived the citizens of Louisiana \n        not only of their right to keep and bear arms, but also of \n        their rights to personal security, personal liberty, and \n        private property, all in violation of the Constitution and laws \n        of the United States.\n\nSEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS DURING CERTAIN NATIONAL \n              EMERGENCIES.\n\n    Title VII of the Robert T. Stafford Disaster Relief and Emergency \nAssistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end \nthe following:\n\n``SEC. 706. FIREARMS POLICIES.\n\n    ``(a) Prohibition on Confiscation of Firearms.--No officer or \nemployee of the United States (including any member of the uniformed \nservices), person operating pursuant to or under color of Federal law, \nreceiving Federal funds, under the control of any Federal official, or \nproviding services to such an officer, employee, or other person, while \nacting in support of relief from a major disaster or emergency, may--\n            ``(1) temporarily or permanently seize, or authorize \n        seizure of, any firearm the possession of which is not \n        prohibited under Federal or State law, other than for \n        forfeiture in compliance with Federal law or as evidence in a \n        criminal investigation;\n            ``(2) require the registration of any firearm for which \n        registration is not required by Federal or State law;\n            ``(3) prohibit the possession of any firearm, or promulgate \n        any rule, regulation, or order prohibiting the possession of \n        any firearm, in any place or by any person where such \n        possession is not otherwise prohibited by Federal or State law; \n        or\n            ``(4) prohibit the carrying of a firearm by any person \n        otherwise authorized to carry firearms under Federal or State \n        law, solely because such person is operating under the \n        direction, control, or supervision of a Federal agency in \n        support of relief from a major disaster or emergency.\n    ``(b) Private Rights of Action.--\n            ``(1) In general.--Any individual aggrieved by a violation \n        of this section may seek relief in an action at law, suit in \n        equity, or other proper proceeding for redress against any \n        person who subjects such individual, or causes such individual \n        to be subjected, to the deprivation of any of the rights, \n        privileges, or immunities secured by this section.\n            ``(2) Remedies.--In addition to any existing remedy in law \n        or equity, under any law, an individual aggrieved by the \n        seizure or confiscation of a firearm in violation of this \n        section may bring an action for the return of such firearm in \n        the United States district court in the district in which that \n        individual resides or in which such firearm may be found.\n            ``(3) Attorney fees.--In any action or proceeding to \n        enforce this section, the court shall award the prevailing \n        party, other than the United States, a reasonable attorney's \n        fee as part of the costs.''.","title":""}
+{"_id":"c158","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Domestic Violence Prevention, \nEducation, and Awareness Act''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) Nearly one-third of American women report being \n        physically or sexually abused by a husband or boyfriend at some \n        point in their lives.\n            (2) Family violence costs the nation between $5,000,000,000 \n        and $10,000,000,000 each year in medical expenses, police and \n        court costs, shelters and foster care, sick leave, absenteeism, \n        and nonproductivity.\n            (3) The United States is becoming increasingly \n        multicultural, and racial and ethnic minorities are expected to \n        constitute approximately 50 percent of the United States \n        population by 2050.\n            (4) Two-thirds of female immigrants to the United States \n        originate from Asia, Latin America, the Caribbean, and the \n        Middle East, and they migrate here to seek economic security, \n        reunify their families, or escape prosecution.\n            (5) Racial and ethnic minority women and immigrant women \n        face unique challenges to reporting and getting help for \n        domestic violence.\n            (6) Structural inequalities experienced by racial and \n        ethnic minority communities and immigrant communities, \n        including poverty and discrimination, may contribute to higher \n        rates of violence.\n            (7) Problems of domestic violence are exacerbated for \n        immigrants when spouses control the immigration status of their \n        family members, and abusers use threats of refusal to file \n        immigration papers and threats to deport spouses and children \n        as powerful tools to prevent battered immigrant women from \n        seeking help, trapping battered immigrant women in violent \n        homes because of fear of deportation.\n            (8) Many racial and ethnic minority women and immigrant \n        women face cultural barriers to reporting abuse or seeking help \n        for domestic violence, including but not limited to strong \n        religious beliefs that stress the importance of keeping family \n        intact, fear of dishonor, or a belief that negative events \n        occur regardless of attempts to prevent them.\n            (9) Many racial and ethnic minority women and immigrant \n        women also face institutional barriers to reporting abuse or \n        seeking help for domestic violence, including but not limited \n        to restrictions on public assistance, limited access to \n        immigration relief, lack of translators or bilingual \n        professionals, little educational material in the woman's \n        native language, treatment programs that do not take into \n        account ethnic and cultural differences, prohibitive fee \n        structures, and inflexible or inconvenient hours of operation.\n\nSEC. 3. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS TO EDUCATE RACIAL AND \n              ETHNIC MINORITY COMMUNITIES AND IMMIGRANT COMMUNITIES \n              ABOUT DOMESTIC VIOLENCE.\n\n    (a) In General.--From amounts made available to carry out this \nsection, the Attorney General, acting through the Violence Against \nWomen Office, shall make grants to public or private nonprofit \nentities, States, and Indian tribes and tribal organizations to carry \nout public information campaigns for the purpose of educating racial \nand ethnic minority communities and immigrant communities about \ndomestic violence, including the effects of domestic violence, methods \nof preventing or reducing domestic violence, and services available to \nvictims of domestic violence.\n    (b) Use of Grant Amounts.--Grant amounts under this section may be \nused only to carry out public information campaigns for the purpose \nspecified in subsection (a) and to provide staffing appropriate to \ncarrying out the campaigns.\n    (c) Elements of Campaigns.--Each public information campaign \ncarried out under this section shall consist of one or more of the \nfollowing elements:\n            (1) Public service announcements.\n            (2) Paid educational messages for print media.\n            (3) Public transit advertising.\n            (4) Electronic broadcast media.\n            (5) Any other mode of conveying information that the \n        Attorney General determines to be appropriate.\n    (d) Requirements for Grant.--The Attorney General may award a grant \nunder this section to an applicant only if the Attorney General \ndetermines that--\n            (1) the campaign will be carried out in consultation with \n        local domestic violence advocates or State domestic violence \n        coalitions;\n            (2) the campaign is designed to be conducted in a \n        culturally sensitive manner using one or more culturally \n        appropriate languages;\n            (3) the applicant has an adequate plan to test-market the \n        campaign with a relevant community or group in the relevant \n        geographic area, and will carry out that plan; and\n            (4) the applicant will use effectiveness criteria in \n        carrying out the campaign and an evaluation component to \n        measure the effectiveness of the campaign.\n    (e) Award Criteria.--In awarding grants under this section, the \nAttorney General shall consider the following criteria:\n            (1) Whether the applicant has, or will be partnering with \n        an entity that has, a record of high quality campaigns of a \n        comparable type.\n            (2) Whether the applicant has, or will be partnering with \n        an entity that has, a record of high quality campaigns that \n        educate the communities and groups at greatest risk of domestic \n        violence.\n    (f) Application.--\n            (1) In general.--To be eligible to receive a grant under \n        this section, a State or entity must submit to the Attorney \n        General an application that meets the requirements of paragraph \n        (2).\n            (2) Requirements.--An application submitted under this \n        subsection shall be in such form, and submitted in such manner, \n        as the Attorney General may prescribe, and shall include the \n        following matters:\n                    (A) A complete description of applicant's plan for \n                the proposed public information campaign.\n                    (B) An identification of the specific communities \n                and groups to be educated by the campaign, and a \n                description of how the campaign will educate the \n                communities and groups at greatest risk of domestic \n                violence.\n                    (C) The plans of the applicant with respect to \n                working with organizations that have expertise in \n                developing culturally appropriate informational \n                messages.\n                    (D) A description of the geographic distribution of \n                the campaign.\n                    (E) An identification of the media organizations \n                and other groups through which the campaign will be \n                carried out and any memorandum of understanding or \n                other agreement under which the campaign will be \n                carried out.\n                    (F) A description of the nature, amount, \n                distribution, and timing of informational messages to \n                be used in the campaign.\n                    (G) Such information and assurances as the Attorney \n                General may require to determine whether the \n                requirements specified in subsection (d) will be \n                satisfied, and whether the criteria specified in \n                subsection (e) apply.\n                    (H) Such other information and assurances as the \n                Attorney General may require.\n    (g) Definition.--For purposes of this section, the term ``State'' \nincludes the District of Columbia, the Commonwealth of Puerto Rico, the \nVirgin Islands, American Samoa, Guam, and any other territory or \npossession of the United States.\n    (h) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this Act.","title":""}
+{"_id":"c159","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Drug Price Competition Act of \n2009''.\n\nSEC. 2. EXCLUSIVITY PERIOD.\n\n    (a) First Applicant.--Section 505(j)(5) of the Federal Food, Drug, \nand Cosmetic Act (21 U.S.C. 355(j)(5)) is amended--\n            (1) in subparagraph (B)(iv)--\n                    (A) in subclause (II), by striking item (bb) and \n                inserting the following:\n                                            ``(bb) First applicant.--As \n                                        used in this subsection, the \n                                        term `first applicant' means--\n\n                                                    ``(AA) an applicant \n                                                that, on the first day \n                                                on which a \n                                                substantially complete \n                                                application containing \n                                                a certification \n                                                described in paragraph \n                                                (2)(A)(vii)(IV) is \n                                                submitted for approval \n                                                of a drug, submits a \n                                                substantially complete \n                                                application that \n                                                contains and lawfully \n                                                maintains a \n                                                certification described \n                                                in paragraph \n                                                (2)(A)(vii)(IV) for the \n                                                drug; or\n\n                                                    ``(BB) an applicant \n                                                for the drug not \n                                                described in item (AA) \n                                                that satisfies the \n                                                requirements of \n                                                subclause (III).''; and\n\n                    (B) by adding at the end the following:\n                                    ``(III) An applicant described in \n                                subclause (II)(bb)(BB) shall--\n                                            ``(aa) submit and lawfully \n                                        maintain a certification \n                                        described in paragraph \n                                        (2)(A)(vii)(IV) or a statement \n                                        described in paragraph \n                                        (2)(A)(viii) for each unexpired \n                                        patent for which a first \n                                        applicant described in item \n                                        (AA) had submitted a \n                                        certification described in \n                                        paragraph (2)(A)(vii)(IV) on \n                                        the first day on which a \n                                        substantially complete \n                                        application containing such a \n                                        certification was submitted;\n                                            ``(bb) with regard to each \n                                        such unexpired patent for which \n                                        the applicant submitted a \n                                        certification described in \n                                        paragraph (2)(A)(vii)(IV), no \n                                        action for patent infringement \n                                        was brought against the \n                                        applicant within the 45-day \n                                        period specified in paragraph \n                                        (5)(B)(iii), or if an action \n                                        was brought within such time \n                                        period, the applicant has \n                                        obtained the decision of a \n                                        court (including a district \n                                        court) that the patent is \n                                        invalid or not infringed \n                                        (including any substantive \n                                        determination that there is no \n                                        cause of action for patent \n                                        infringement or invalidity, and \n                                        including a settlement order or \n                                        consent decree signed and \n                                        entered by the court stating \n                                        that the patent is invalid or \n                                        not infringed); and\n                                            ``(cc) but for the \n                                        effective date of approval \n                                        provisions in subparagraphs (B) \n                                        and (F) and sections 505A and \n                                        527, be eligible to receive \n                                        immediately effective approval \n                                        at a time before any other \n                                        applicant has begun commercial \n                                        marketing.''; and\n            (2) in subparagraph (D)--\n                    (A) in clause (i)(IV), by striking ``The first \n                applicant'' and inserting ``The first applicant, as \n                defined in subparagraph (B)(iv)(II)(bb)(AA),''; and\n                    (B) in clause (iii), in the matter preceding \n                subclause (I)--\n                            (i) by striking ``If all first applicants \n                        forfeit the 180-day exclusivity period under \n                        clause (ii)''; and\n                            (ii) by inserting ``If all first \n                        applicants, as defined in subparagraph \n                        (B)(iv)(II)(bb)(AA), forfeit the 180-day \n                        exclusivity period under clause (ii) at a time \n                        at which no applicant has begun commercial \n                        marketing''.\n    (b) Effective Date and Transitional Provision.--\n            (1) Effective date.--The amendments made by subsection (a) \n        shall be effective only with respect to an application filed \n        under section 505(j) of the Federal Food, Drug, and Cosmetic \n        Act (21 U.S.C. 355(j)) to which the amendments made by section \n        1102(a) of the Medicare Prescription Drug Improvement and \n        Modernization Act of 2003 (Public Law 108-173) apply.\n            (2) Transitional provision.--An application filed under \n        section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 \n        U.S.C. 355(j)), to which the 180-day exclusivity period \n        described in paragraph (5)(iv) of such section does not apply, \n        and that contains a certification under paragraph \n        (2)(A)(vii)(IV) of such Act, shall be regarded as a previous \n        application containing such a certification within the meaning \n        of section 505(j)(5)(B)(iv) of such Act (as in effect before \n        the amendments made by Medicare Prescription Drug Improvement \n        and Modernization Act of 2003 (Public Law 108-173)) if--\n                    (A) no action for infringement of the patent that \n                is the subject of such certification was brought \n                against the applicant within the 45-day period \n                specified in section 505(j)(5)(B)(iii) of the Federal \n                Food, Drug, and Cosmetic Act (21 U.S.C. \n                355(j)(5)(B)(iii)), or if an action was brought within \n                such time period, the applicant has obtained the \n                decision of a court (including a district court) that \n                the patent is invalid or not infringed (including any \n                substantive determination that there is no cause of \n                action for patent infringement or invalidity, and \n                including a settlement order or consent decree signed \n                and entered by the court stating that the patent is \n                invalid or not infringed);\n                    (B) the application is eligible to receive \n                immediately effective approval, but for the effective \n                date of approval provisions in sections 505(j)(5)(B) \n                (as in effect before the amendment made by Public Law \n                108-173), 505(j)(5)(F), 505A, and 527 of the Federal \n                Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B), \n                355(j)(5)(F), 355a, 360cc); and\n                    (C) no other applicant has begun commercial \n                marketing.","title":""}
+{"_id":"c16","text":"SECTION 1. DIRECT SALE OF EXCESS PROPERTY.\n\n    (a) Amendment of Title 18, United States Code.--\n            (1) In general.--Chapter 307 of title 18, United States \n        Code, is amended by adding at the end the following new \n        section:\n``Sec. 4130. Direct sale of excess property\n    ``Notwithstanding any other law, Federal Prison Industries may sell \non the open market at the best available price such excess or \nobsolescent property as Federal Prison Industries deems appropriate, \nthe proceeds of such sales to be deposited in the Treasury to the \ncredit of the Prison Industries Fund.''.\n            (2) Technical amendment.--The chapter analysis for chapter \n        307 of title 18, United States Code, is amended by adding at \n        the end the following new item:\n\n``4130. Direct sale of excess property.''.\n    (b) Amendment of the Federal Property and Administrative Services \nAct.--Section 602 of the Federal Property and Administrative Services \nAct of 1949 (40 U.S.C. 474) is amended--\n            (1) by striking ``or'' at the end of paragraph (20);\n            (2) by striking the period at the end of paragraph (21) and \n        inserting ``; or''; and\n            (3) by adding after paragraph (21) the following new \n        paragraph:\n            ``(22) Federal Prison Industries with respect to the \n        disposal of property described in section 4130 of title 18, \n        United States Code.''.\n    (c) Transportation and Importation.--Section 1761(b) of title 18, \nUnited States Code, is amended by inserting ``, nor to property \ndescribed in section 4130'' before the period.\n\nSEC. 2. PRISON INDUSTRIES FUND; USE AND SETTLEMENT OF ACCOUNTS.\n\n    Section 4126 of title 18, United States Code, is amended--\n            (1) by amending subsection (a) to read as follows:\n    ``(a) Federal Prison Industries shall determine the character of \nand necessity for its obligations and expenditures, and the manner in \nwhich they shall be incurred, allowed, and paid, subject to laws \nspecifically applicable to government corporations.'';\n            (2) by striking subsections (d) and (e); and\n            (3) by redesignating subsection (f) as subsection (d).\n\nSEC. 3. ADMINISTRATION OF FEDERAL PRISON INDUSTRIES.\n\n    Section 4122(a) of title 18, United States Code, is amended to read \nas follows:\n    ``(a)(1) As authorized by this chapter, Federal Prison Industries \nshall determine in what manner and to what extent industrial operations \nshall be carried on in Federal penal and correctional institutions for \nthe production of commodities and services.\n    ``(2) Commodities and services produced by Federal Prison \nIndustries shall be sold at current market prices and shall conform to \ndesign, quality, and testing standards of the Federal Government and \nthe relevant private industry.''.\n\nSEC. 4. PRODUCTION AND ACQUISITION OF PRISON-MADE PRODUCTS, PROCESSES \n              AND SERVICES.\n\n    (a) In General.--Section 4124 of title 18, United States Code, is \namended--\n            (1) by striking ``(b) Disputes'' and inserting ``(f) \n        Disputes.--Disputes'';\n            (2) by striking ``(c) Each'' and inserting ``(g) Reporting \n        of Acquisitions.--Each'';\n            (3) by striking ``(d) Within'' and inserting ``(h) \n        Catalog.--Within''; and\n            (4) by striking the heading and subsection (a) and \n        inserting the following:\n``Sec. 4124. Production and acquisition of prison-made products, \n              processes, and services\n    ``(a) Relationship Between Federal Prison Industries and Government \nInstitutions.--The Federal departments and agencies and all other \nGovernment institutions of the United States shall--\n            ``(1) purchase from Federal Prison Industries such \n        products, processes, or services of the industries authorized \n        by this chapter as meet their requirements and may be \n        available, except that if Federal Prison Industries and the \n        workshops for the blind or other severely handicapped each \n        offer competitive services, priority shall be afforded to \n        services offered by the workshops; and\n            ``(2) provide to Federal Prison Industries the maximum \n        practicable opportunity to participate as a subcontractor in \n        labor-intensive, light manufacturing segments of contracts \n        awarded, consistent with efficient contract performance.\n    ``(b) Production of Products, Processes, and Services Otherwise \nProduced Offshore.--(1) Notwithstanding any other law and subject to \nthe limitations stated in this subsection, Federal Prison Industries \nmay produce or provide for sale on the open market processes, products, \nand services that would otherwise be produced by foreign labor at \noffshore locations.\n    ``(2) Federal Prison Industries may enter into agreements with \nprivate industry in order to carry out this section.\n    ``(3) The board of directors of Federal Prison Industries shall \ncertify that processes, products, or services undertaken under this \nsection--\n            ``(A) are labor-intensive and limited to levels that \n        replace goods and services produced by offshore labor; and\n            ``(B) do not significantly increase competition with any \n        remaining domestic labor or industry.\n    ``(c) Recycling of Materials for Sale on the Open Market.--\nNotwithstanding any other law, Federal Prison Industries may produce \nand provide for sale on the open market recycled materials directly or \nin partnership with private sector firms.\n    ``(d) Flood or Other Disaster Relief Activities.--Notwithstanding \nany other law, Federal Prison Industries may produce or provide goods \nand services for sale or donation on the open market to private, \nnonprofit organizations chartered by Congress to assist in flood or \nother disaster relief programs or activities.\n    ``(e) Exemptions From Requirements of Other Laws.--(1)(A) Items \nsold on the open market pursuant to the authority granted in this \nchapter are exempt from the prohibition against shipment in commerce of \nprison-made goods contained in section 1761.\n    ``(B) Inmates who work on the production of products or processes \nor provide services under this section are exempt from the minimum wage \nrequirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et \nseq.).\n    ``(2) Section 4122(b) (4) and (5) do not apply with respect to \nproduction undertaken pursuant to subsection (b) or (c).''.\n    (b) Technical Amendment.--The chapter analysis for chapter 307 of \ntitle 18, United States Code, is amended by striking the item relating \nto section 4124 and inserting the following:\n\n``4124. Production and acquisition of prison-made products, processes, \n                            and services.''.\n\nSEC. 5. PROCUREMENT.\n\n    (a) In General.--Chapter 307 of title 18, United States Code, as \namended by section 1(a), is amended by adding at the end the following \nnew section:\n``Sec. 4131. Procurement\n    ``(a) In General.--Funds available to Federal Prison Industries may \nbe used to enter into contracts directly related to the purchase of \ngoods for industrial operations authorized under this chapter without \nregard to laws governing procurement by Federal agencies.\n    ``(b) Rule of Construction.--Nothing in this section shall be \nconstrued to affect any requirement of law to purchase commodities and \nservices produced or provided by qualified nonprofit agencies for the \nblind and other severely handicapped.\n    ``(c) Procedures.--The board of directors of Federal Prison \nIndustries shall establish procedures to ensure that any such \nprocurements are conducted in a manner that promotes competition \nconsistent with the needs of the Corporation.''.\n    (b) Technical Amendment.--The chapter analysis for chapter 307 of \ntitle 18, United States Code, is amended by adding at the end the \nfollowing new item:\n\n``4131. Procurement.''.","title":""}
+{"_id":"c160","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Drug Trafficking Vessel Interdiction \nAct of 2008''.\n\n                     TITLE I--CRIMINAL PROHIBITION\n\nSEC. 101. FINDINGS AND DECLARATIONS.\n\n    Congress finds and declares that operating or embarking in a \nsubmersible vessel or semi-submersible vessel without nationality and \non an international voyage is a serious international problem, \nfacilitates transnational crime, including drug trafficking, and \nterrorism, and presents a specific threat to the safety of maritime \nnavigation and the security of the United States.\n\nSEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL \n              WITHOUT NATIONALITY.\n\n    (a) In General.--Chapter 111 of title 18, United States Code, is \namended by adding at the end the following new section:\n\n``\u00062285. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL \n            WITHOUT NATIONALITY.\n\n    ``(a) Offense.--Whoever knowingly operates, or attempts or \nconspires to operate, by any means, or embarks in any submersible \nvessel or semi-submersible vessel that is without nationality and that \nis navigating or has navigated into, through, or from waters beyond the \nouter limit of the territorial sea of a single country or a lateral \nlimit of that country's territorial sea with an adjacent country, with \nthe intent to evade detection, shall be fined under this title, \nimprisoned not more than 15 years, or both.\n    ``(b) Evidence of Intent To Evade Detection.--For purposes of \nsubsection (a), the presence of any of the indicia described in \nparagraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), \nof section 70507(b) of title 46 may be considered, in the totality of \nthe circumstances, to be prima facie evidence of intent to evade \ndetection.\n    ``(c) Extraterritorial Jurisdiction.--There is extraterritorial \nFederal jurisdiction over an offense under this section, including an \nattempt or conspiracy to commit such an offense.\n    ``(d) Claim of Nationality or Registry.--A claim of nationality or \nregistry under this section includes only--\n        ``(1) possession on board the vessel and production of \n    documents evidencing the vessel's nationality as provided in \n    article 5 of the 1958 Convention on the High Seas;\n        ``(2) flying its nation's ensign or flag; or\n        ``(3) a verbal claim of nationality or registry by the master \n    or individual in charge of the vessel.\n    ``(e) Affirmative Defenses.--\n        ``(1) In general.--It is an affirmative defense to a \n    prosecution for a violation of subsection (a), which the defendant \n    has the burden to prove by a preponderance of the evidence, that \n    the submersible vessel or semi-submersible vessel involved was, at \n    the time of the offense--\n            ``(A) a vessel of the United States or lawfully registered \n        in a foreign nation as claimed by the master or individual in \n        charge of the vessel when requested to make a claim by an \n        officer of the United States authorized to enforce applicable \n        provisions of United States law;\n            ``(B) classed by and designed in accordance with the rules \n        of a classification society;\n            ``(C) lawfully operated in government-regulated or licensed \n        activity, including commerce, research, or exploration; or\n            ``(D) equipped with and using an operable automatic \n        identification system, vessel monitoring system, or long range \n        identification and tracking system.\n        ``(2) Production of documents.--The affirmative defenses \n    provided by this subsection are proved conclusively by the \n    production of--\n            ``(A) government documents evidencing the vessel's \n        nationality at the time of the offense, as provided in article \n        5 of the 1958 Convention on the High Seas;\n            ``(B) a certificate of classification issued by the \n        vessel's classification society upon completion of relevant \n        classification surveys and valid at the time of the offense; or\n            ``(C) government documents evidencing licensure, \n        regulation, or registration for commerce, research, or \n        exploration.\n    ``(f) Federal Activities Excepted.--Nothing in this section applies \nto lawfully authorized activities carried out by or at the direction of \nthe United States Government.\n    ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 \nof title 46 apply to offenses under this section in the same manner as \nthey apply to offenses under section 70503 of such title.\n    ``(h) Definitions.--In this section, the terms `submersible \nvessel', `semi-submersible vessel', `vessel of the United States', and \n`vessel without nationality' have the meaning given those terms in \nsection 70502 of title 46.''.\n    (b) Clerical Amendment.--The chapter analysis for chapter 111 of \ntitle 18, United States Code, is amended by inserting after the item \nrelating to section 2284 the following:\n\n``2285. Operation of submersible vessel or semi-submersible vessel \n          without nationality''.\n\nSEC. 103. SENTENCING GUIDELINES.\n\n    (a) In General.--Pursuant to its authority under section 994(p) of \ntitle 28, United States Code, and in accordance with this section, the \nUnited States Sentencing Commission shall promulgate sentencing \nguidelines (including policy statements) or amend existing sentencing \nguidelines (including policy statements) to provide adequate penalties \nfor persons convicted of knowingly operating by any means or embarking \nin any submersible vessel or semi-submersible vessel in violation of \nsection 2285 of title 18, United States Code.\n    (b) Requirements.--In carrying out this section, the United States \nSentencing Commission shall--\n        (1) ensure that the sentencing guidelines and policy statements \n    reflect the serious nature of the offense described in section 2285 \n    of title 18, United States Code, and the need for deterrence to \n    prevent such offenses;\n        (2) account for any aggravating or mitigating circumstances \n    that might justify exceptions, including--\n            (A) the use of a submersible vessel or semi-submersible \n        vessel described in section 2285 of title 18, United States \n        Code, to facilitate other felonies;\n            (B) the repeated use of a submersible vessel or semi-\n        submersible vessel described in section 2285 of title 18, \n        United States Code, to facilitate other felonies, including \n        whether such use is part of an ongoing criminal organization or \n        enterprise;\n            (C) whether the use of such a vessel involves a pattern of \n        continued and flagrant violations of section 2285 of title 18, \n        United States Code;\n            (D) whether the persons operating or embarking in a \n        submersible vessel or semi-submersible vessel willfully caused, \n        attempted to cause, or permitted the destruction or damage of \n        such vessel or failed to heave to when directed by law \n        enforcement officers; and\n            (E) circumstances for which the sentencing guidelines (and \n        policy statements) provide sentencing enhancements;\n        (3) ensure reasonable consistency with other relevant \n    directives, other sentencing guidelines and policy statements, and \n    statutory provisions;\n        (4) make any necessary and conforming changes to the sentencing \n    guidelines and policy statements; and\n        (5) ensure that the sentencing guidelines and policy statements \n    adequately meet the purposes of sentencing set forth in section \n    3553(a)(2) of title 18, United States Code.\n\n                      TITLE II--CIVIL PROHIBITION\n\nSEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL \n              WITHOUT NATIONALITY.\n\n    (a) Finding and declaration.--Section 70501 of title 46, United \nStates Code, is amended--\n        (1) by inserting ``(1)'' after ``that''; and\n        (2) by striking ``States.'' and inserting ``States and (2) \n    operating or embarking in a submersible vessel or semi-submersible \n    vessel without nationality and on an international voyage is a \n    serious international problem, facilitates transnational crime, \n    including drug trafficking, and terrorism, and presents a specific \n    threat to the safety of maritime navigation and the security of the \n    United States.''.\n\nSEC. 202. OPERATION PROHIBITED.\n\n    (a) In General.--Chapter 705 of title 46, United States Code, is \namended by adding at the end thereof the following:\n\n``\u000670508. Operation of submersible vessel or semi-submersible vessel \n            without nationality\n\n    ``(a) In General.--An individual may not operate by any means or \nembark in any submersible vessel or semi-submersible vessel that is \nwithout nationality and that is navigating or has navigated into, \nthrough, or from waters beyond the outer limit of the territorial sea \nof a single country or a lateral limit of that country's territorial \nsea with an adjacent country, with the intent to evade detection.\n    ``(b) Evidence of Intent To Evade Detection.--In any civil \nenforcement proceeding for a violation of subsection (a), the presence \nof any of the indicia described in paragraph (1)(A), (E), (F), or (G), \nor in paragraph (4), (5), or (6), of section 70507(b) may be \nconsidered, in the totality of the circumstances, to be prima facie \nevidence of intent to evade detection.\n    ``(c) Defenses.--\n        ``(1) In general.--It is a defense in any civil enforcement \n    proceeding for a violation of subsection (a) that the submersible \n    vessel or semi-submersible vessel involved was, at the time of the \n    violation--\n            ``(A) a vessel of the United States or lawfully registered \n        in a foreign nation as claimed by the master or individual in \n        charge of the vessel when requested to make a claim by an \n        officer of the United States authorized to enforce applicable \n        provisions of United States law;\n            ``(B) classed by and designed in accordance with the rules \n        of a classification society;\n            ``(C) lawfully operated in government-regulated or licensed \n        activity, including commerce, research, or exploration; or\n            ``(D) equipped with and using an operable automatic \n        identification system, vessel monitoring system, or long range \n        identification and tracking system.\n        ``(2) Production of documents.--The defenses provided by this \n    subsection are proved conclusively by the production of--\n            ``(A) government documents evidencing the vessel's \n        nationality at the time of the offense, as provided in article \n        5 of the 1958 Convention on the High Seas;\n            ``(B) a certificate of classification issued by the \n        vessel's classification society upon completion of relevant \n        classification surveys and valid at the time of the offense; or\n            ``(C) government documents evidencing licensure, \n        regulation, or registration for research or exploration.\n    ``(d) Civil Penalty.--A person violating this section shall be \nliable to the United States for a civil penalty of not more than \n$1,000,000.''\n    (b) Conforming Amendments.--\n        (1) The chapter analysis for chapter 705 of title 46, United \n    States Code, is amended by inserting after the item relating to \n    section 70507 the following:\n\n``70508. Operation of submersible vessel or semi-submersible vessel \n          without nationality''.\n        (2) Section 70504(b) of title 46, United States Code, is \n    amended by inserting ``or 70508'' after ``70503''.\n        (3) Section 70505 of title 46, United States Code, is amended \n    by striking ``this title'' and inserting ``this title, or against \n    whom a civil enforcement proceeding is brought under section \n    70508,''.\n\nSEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.\n\n    Section 70502 of title 46, United States Code, is amended by adding \nat the end thereof the following:\n    ``(f) Semi-submersible Vessel; Submersible Vessel.--In this \nchapter:\n        ``(1) Semi-submersible vessel.--The term `semi-submersible \n    vessel' means any watercraft constructed or adapted to be capable \n    of operating with most of its hull and bulk under the surface of \n    the water, including both manned and unmanned watercraft.\n        ``(2) Submersible vessel.--The term `submersible vessel' means \n    a vessel that is capable of operating completely below the surface \n    of the water, including both manned and unmanned watercraft.''.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c161","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Economic Recovery Through \nResponsible Homeownership Act of 2009''.\n\nSEC. 2. REFUNDABLE CREDIT FOR RESIDENCES PURCHASED DURING 2009 OR 2010.\n\n    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to refundable credits) \nis amended by inserting after section 36 the following new section:\n\n``SEC. 36A. GENERAL HOMEBUYER CREDIT FOR RESIDENCES PURCHASED DURING \n              2009 OR 2010.\n\n    ``(a) Allowance of Credit.--In the case of an individual who makes \nan eligible purchase during the taxable year, there shall be allowed as \na credit against the tax imposed by this subtitle for such taxable year \nan amount equal to so much of the purchase price as does not exceed the \napplicable amount.\n    ``(b) Applicable Amount.--For purposes of subsection (a), the \napplicable amount is--\n            ``(1) $10,000 in the case of an eligible purchase where the \n        down payment is at least 15 percent of the purchase price,\n            ``(2) $5,000 in the case of an eligible purchase where the \n        down payment is at least 10 percent of the purchase price,\n            ``(3) $2,000 in the case of an eligible purchase where the \n        down payment is at least 5 percent of the purchase price, and\n            ``(4) zero in any other case.\n    ``(c) Definitions.--For purposes of this section--\n            ``(1) Eligible purchase.--The term `eligible purchase' \n        means the purchase of a residence for the taxpayer if--\n                    ``(A) such residence is located in the United \n                States,\n                    ``(B) the construction of such residence began \n                before 2009, and\n                    ``(C) such purchase is made by the taxpayer during \n                2009 or 2010.\n            ``(2) Other definitions.--The terms `purchase' and \n        `purchase price' have the respective meanings given such terms \n        by section 26(c).\n    ``(d) Exceptions.--No credit shall be allowed under subsection (a) \nto any taxpayer for any taxable year with respect to the purchase of a \nresidence if--\n            ``(1) credit under section 36 (relating to first-time \n        homebuyer credit) or 1400C (relating to first-time homebuyer in \n        the District of Columbia) is allowed to the taxpayer (or the \n        taxpayer's spouse) for such taxable year or any prior taxable \n        year,\n            ``(2) the residence is financed by the proceeds of a \n        qualified mortgage issue the interest on which is exempt from \n        tax under section 103,\n            ``(3) the taxpayer is a nonresident alien, or\n            ``(4) the taxpayer disposes of such residence (or such \n        residence ceases to be a residence of the taxpayer (or, if \n        married, the taxpayer's spouse)) before the close of such \n        taxable year.\n    ``(e) Other Rules To Apply.--\n            ``(1) Related persons.--Rules similar to the rules of \n        section 26(c)(5) shall apply for purposes of this section.\n            ``(2) Married individuals filing separate returns, etc.--\n        Rules similar to the rules of subparagraphs (B) and (C) of \n        section 26(b)(1) shall apply for purposes of this section.\n            ``(3) Reporting.--Rules similar to the rules of section \n        26(e) shall apply for purposes of this section.\n    ``(f) Recapture of Credit.--Rules similar to the rules of section \n26(f) shall apply for purposes of this section, except that--\n            ``(1) paragraph (1) thereof shall be applied by \n        substituting `33\\1\/3\\ percent' for `6\\2\/3\\ percent', and\n            ``(2) paragraph (7) thereof shall be applied by \n        substituting `3 years' for `15 years'.''.\n    (b) Conforming Amendments.--\n            (1) Section 26(b)(2) of such Code is amended--\n                    (A) in subparagraph (W)--\n                            (i) by striking ``homebuyer credit'' and \n                        inserting ``first-time homebuyer credit'', and\n                            (ii) by striking ``and'',\n                    (B) by striking the period at the end of \n                subparagraph (X) and inserting ``, and'', and\n                    (C) by inserting after subparagraph (X) the \n                following new subparagraph:\n                    ``(Y) section 36A(f) (relating to recapture of \n                general homebuyer credit)''.\n            (2) Section 6211(b)(4)(A) of such Code is amended by \n        inserting ``36A,'' after ``36,''.\n            (3) Section 1324(b)(2) of title 31, United States Code, is \n        amended by inserting ``36A,'' after ``36,''.\n            (4) The table of sections for subpart C of part IV of \n        subchapter A of chapter 1 of such Code is amended by inserting \n        after the item relating to section 36 the following new item:\n\n``Sec. 36A. General homebuyer credit for residences purchased during \n                            2009 or 2010.''.\n    (c) Effective Date.--The amendments made by this section shall \napply to residences purchased after December 31, 2008, in taxable years \nending after such date.","title":""}
+{"_id":"c162","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Education Department Civil Rights \nTransparency Act''.\n\nSEC. 2. REPORT BY THE SECRETARY OF EDUCATION.\n\n    Section 203(b) of the Department of Education Organization Act (20 \nU.S.C. 3413(b)) is amended by adding at the end the following:\n            ``(3) In addition to the requirements under paragraph (1), \n        the report required under such paragraph shall include the \n        following:\n                    ``(A) A list of each of the following:\n                            ``(i) Each educational institution against \n                        which the Department has received, in the \n                        preceding year, 1 complaint alleging that the \n                        institution has violated a Federal civil rights \n                        law.\n                            ``(ii) Each educational institution against \n                        which the Department has received, in the \n                        preceding year, more than 1 such complaint.\n                            ``(iii) Each educational institution \n                        against which the Department has received, in \n                        the preceding 5 years, more than 3 such \n                        complaints.\n                            ``(iv) Each educational institution that, \n                        during the preceding year, was under \n                        investigation by the Department for such a \n                        complaint.\n                            ``(v) Each educational institution against \n                        which the Department has received, in the \n                        preceding year, such a complaint for which the \n                        Department has not commenced an investigation, \n                        and which the Department has not dismissed.\n                            ``(vi) Each educational institution against \n                        which the Department has received, in the \n                        preceding year, such a complaint for which the \n                        Department has dismissed without commencing an \n                        investigation.\n                    ``(B) The list of educational institutions \n                described in subparagraph (A) shall be disaggregated \n                by--\n                            ``(i) each Federal civil rights law that \n                        the complaint alleges has been violated by each \n                        such institution;\n                            ``(ii) type of educational institution; and\n                            ``(iii) whether the complaint filed against \n                        each such institution was processed by the \n                        Department as a systemic or as a class-action \n                        complaint.\n                    ``(C) The list of educational institutions under \n                subparagraph (A) shall include--\n                            ``(i) the date on which the complaint was \n                        filed against each such institution; and\n                            ``(ii) the status of the complaint.\n                    ``(D) In addition to the requirements of \n                subparagraphs (B) and (C), the list of institutions \n                described in subparagraph (A)(vi) shall include--\n                            ``(i) the procedural or administrative \n                        reason for which the complaint was dismissed, \n                        including--\n                                    ``(I) whether the complaint failed \n                                to allege--\n                                            ``(aa) a violation of \n                                        Federal law for which the \n                                        Department has administrative \n                                        responsibility or subject \n                                        matter jurisdiction; or\n                                            ``(bb) a violation against \n                                        an educational institution for \n                                        which the Department has \n                                        administrative responsibility \n                                        or personal jurisdiction; and\n                                    ``(II) whether the complainant \n                                failed to submit a consent form; and\n                                    ``(III) whether the Department \n                                offered the complainant an opportunity \n                                to correct the procedural or \n                                administrative error prior to \n                                dismissing the complaint.\n                    ``(E) Any resolution agreement or letter between \n                the Department and an educational institution against \n                which a complaint described in paragraph (1) has been \n                filed, which settled the Department's investigation of \n                such complaint.\n                    ``(F) Any corrective action levied or remedy \n                obtained for the preceding year against an educational \n                institution for a violation of Federal civil rights law \n                pursuant to a resolution agreement or letter, or other \n                findings document, the status of such corrective \n                actions, and whether the Department is considering \n                extending such corrective actions.\n                    ``(G) With respect to each complaint described in \n                subparagraph (A)(vi) which the Department dismissed \n                because the Department lacks the administrative \n                responsibility, or subject matter or personal \n                jurisdiction, for the Federal law that the complaint \n                alleges to have been violated or the educational \n                institution against which the complaint was filed--\n                            ``(i) a list of each such educational \n                        institution and each such Federal law; and\n                            ``(ii) recommendations on whether Federal \n                        legislation is necessary for the Department to \n                        address the complaints described in this \n                        paragraph.\n                    ``(H) With respect to each educational institution \n                against which a complaint described in subparagraph (A) \n                has been filed that the Department investigated and \n                found insufficient evidence to support a finding of a \n                Federal civil rights law violation, a report explaining \n                the basis for such decision.\n                    ``(I) With respect to each educational institution \n                that has had a resolution agreement or corrective \n                action that the Department has determined does not need \n                to be extended, a report on the basis for the decision \n                and how such institution improved with respect to \n                compliance with Federal civil rights laws.\n                    ``(J) In a case in which a decision by the \n                Department to not pursue a complaint or investigation \n                relating to an alleged violation of a Federal civil \n                rights law was due to the resource constraints of the \n                Department for the preceding year, a description of \n                which resources the Department needs to fully and \n                expeditiously investigate each such complaint received \n                by the Department.\n                    ``(K) Any changes made, in the preceding year, to \n                the case processing manual of the Office for Civil \n                Rights of the Department.\n            ``(4) In paragraph (4):\n                    ``(A) Complaint.--\n                            ``(i) In general.--The term `complaint' \n                        means a written statement to the Department \n                        alleging that the rights of one or more persons \n                        have been violated and requesting that the \n                        Department take action.\n                            ``(ii) Exclusions.--The term `complaint' \n                        does not include oral allegations that are not \n                        reduced to writing, anonymous correspondence, \n                        courtesy copies of correspondence or a \n                        complaint filed with or otherwise submitted to \n                        another person or other entity, or inquiries \n                        that seek advice or information but do not seek \n                        action or intervention from the Department.\n                    ``(B) Educational institution.--The term \n                `educational institution' has the meaning given the \n                term in section 901(c) of the Education Amendments of \n                1972 (20 U.S.C. 1681(c)).\n                    ``(C) Federal civil rights law.--The term `Federal \n                civil rights law' includes--\n                            ``(i) title IX of the Education Amendments \n                        of 1972 (20 U.S.C. 1681 et seq.);\n                            ``(ii) the Civil Rights Act of 1964 (42 \n                        U.S.C. 2000a et seq.);\n                            ``(iii) the Age Discrimination Act of 1975 \n                        (42 U.S.C. 6101 et seq.);\n                            ``(iv) the Americans with Disabilities Act \n                        of 1990 (42 U.S.C. 12101 et seq.);\n                            ``(v) the Boy Scouts of America Equal \n                        Access Act (20 U.S.C. 7905);\n                            ``(vi) the Rehabilitation Act of 1973 (29 \n                        U.S.C. 701 et seq.); and\n                            ``(vii) any other law for which the Office \n                        for Civil Rights of the Department of Education \n                        has administrative responsibility.''.\n\nSEC. 3. SENSE OF CONGRESS.\n\n    It is the sense of Congress that the Secretary of Education should \nprotect any personally identifying information of an individual named \nin a complaint or other document, which may be subject to public \nrelease under paragraph (3) of section 203(b) of the Department of \nEducation Organization Act (20 U.S.C. 3413(b)), as added by this Act.","title":""}
+{"_id":"c163","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Education and Training for Health \nAct of 2017'' or the ``EAT for Health Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) According to 2013 national health expenditure data, \n        United States health care spending increased 3.6 percent to \n        reach $2.9 trillion, or $9,255 per person, and accounted for \n        17.4 percent of Gross Domestic Product (GDP).\n            (2) According to the Institute of Medicine, in 2012 \n        estimates of health care costs attributed over 75 percent of \n        national health expenditures to treatment for chronic diseases.\n            (3) A March 2003 report from the World Health Organization \n        concluded diet was a major cause of chronic diseases.\n            (4) Seven out of 10 deaths among people in the United \n        States each year are from chronic diseases such as \n        cardiovascular disease, obesity, diabetes, and cancer.\n            (5) According to the Centers for Disease Control and \n        Prevention, in 2013 heart disease was the leading cause of \n        death for American adults. Approximately 600,000 American \n        adults die each year from cardiovascular disease. Coronary \n        heart disease alone costs American taxpayers $108.9 billion \n        each year.\n            (6) Research has shown that following a healthful diet can \n        not only reduce symptoms related to cardiovascular disease but \n        can also actually reverse damage done to the arteries.\n            (7) According to the Journal of the American Medical \n        Association, two-thirds of adults in the United States are \n        currently overweight, and half of those overweight individuals \n        are obese. One in three children are overweight, and one-fifth \n        of children are obese. The United States spends about $147 to \n        $210 billion a year on obesity related diseases, including type \n        2 diabetes, hypertension, heart disease, and arthritis.\n            (8) An estimated 29.1 million people in the United States \n        have diabetes. Another 86 million American adults have \n        prediabetes. The Centers for Disease Control and Prevention \n        predicts that one in three children born in 2000 will develop \n        diabetes at some point in their lives. Total estimated costs of \n        diagnosed diabetes have increased 41 percent, to $245 billion \n        in 2012 from $174 billion in 2007.\n            (9) According to the American Cancer Society, there will be \n        an estimated 1,658,370 new cancer cases diagnosed and 589,430 \n        cancer deaths in the United States in 2015. That is equivalent \n        to about 1,620 deaths per day and accounts for nearly 1 of \n        every 4 deaths. The Agency for Healthcare Research and Quality \n        (AHRQ) estimates that the direct medical costs for cancer in \n        the United States in 2011 were $88.7 billion.\n            (10) According to the Journal of the American College of \n        Nutrition, in 2008 physicians felt inadequately trained to \n        provide proper nutrition advice. Ninety-four percent felt \n        nutrition counseling should be included during primary care \n        visits, but only 14 percent felt adequately trained to provide \n        such counseling.\n            (11) A 1985 National Academy of Sciences report recommended \n        that all medical schools require at least 25 contact hours of \n        nutrition education. According to a 2009 national survey of \n        medical colleges published in Academic Medicine, only 38 \n        percent of medical schools met these minimum standards by \n        requiring 25 hours of nutrition education as part of their \n        general curricula in 2004. By 2010, that number had shrunk to \n        27 percent. In addition, 30 percent of United States medical \n        schools required a dedicated nutrition course in 2004. Most \n        recently, only 25 percent of such schools required such a \n        course in 2010.\n            (12) According to the Journal of Nutrition in Clinical \n        Practice in 2010, more than half of graduating medical students \n        felt their nutrition education was insufficient.\n            (13) Recognizing the importance of nutrition, Healthy \n        People 2020--the Federal Government's framework for a healthier \n        Nation--includes a goal (NWS-6) to increase the proportion of \n        physician office visits that include counseling or education \n        related to nutrition or weight. According to Healthy People \n        2020, only 13.8 percent of physician office visits included \n        counseling about nutrition or diet (2010 latest year \n        available).\n            (14) According to Mission: Readiness, one in four Americans \n        cannot serve in the military due to weight. For those serving, \n        the military discharged 4,300 active-duty personnel due to \n        weight problems in 2012.\n            (15) According to the Journal of American Health Promotion, \n        the military spends well over $1 billion a year to treat \n        weight-related health problems such as heart disease and \n        diabetes through its TRICARE health insurance for active duty \n        personnel, reservists, retirees and their families.\n            (16) According to the Centers for Disease Control and \n        Prevention, American Indian or Alaska Native adults are 60 \n        percent more likely to be obese and over twice as likely as to \n        have diabetes compared to White adults.\n            (17) According to the Centers for Disease Control and \n        Prevention, American Indian or Alaska Native adults have the \n        highest rate of diabetes among all minority groups at 15.9 \n        percent.\n\nSEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES GUIDELINES, AND FEDERAL \n              AGENCIES ANNUAL REPORTS, RELATING TO CERTAIN PRIMARY CARE \n              FEDERAL HEALTH PROFESSIONALS COMPLETING CONTINUING \n              MEDICAL EDUCATION ON NUTRITION.\n\n    (a) Guidelines.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Health and Human Services shall \nissue guidelines to Federal agencies for developing procedures and \nrequirements to ensure that every primary care health professional \nemployed full-time for such agencies have continuing education courses \nrelating to nutrition (as described in subsection (c)).\n    (b) Biannual Reports.--Not later than 18 months after the date of \nthe enactment of this Act and each subsequent year, the head of each \nFederal agency that employs full-time primary care health professionals \nshall submit to Congress a report attesting, in a form and manner \nspecified by the Secretary of Health and Human Services, to the extent \nto which the agency has adopted and encouraged the guidelines issued \nunder subsection (a) with respect to such professionals employed by \nsuch agency during any portion of the previous year. If the agency, \nwith respect to such previous year, did not fully adopt and encourage \nsuch guidelines with respect to such professionals, the head of the \nagency shall include in the report for the year the percentage of such \nprofessionals employed by such agency to furnish primary care services \nwho completed continuing education courses relating to nutrition (as \ndescribed in subsection (c)).\n    (c) Continuing Education Relating to Nutrition.--For purposes of \nsubsections (a) and (b), continuing education courses relating to \nnutrition shall include at least content on the role of nutrition in \nthe prevention, management, and, as possible, reversal of obesity, \ncardiovascular disease, diabetes, or cancer.\n    (d) Definitions.--For purposes of this Act:\n            (1) Continuing education.--The term ``continuing \n        education'' is defined as courses that meet requirements for \n        Continuing Medical Education (CME) or Continuing Education (CE) \n        by medical or nurse practitioner professional organizations or \n        certified accrediting bodies.\n            (2) Nurse practitioner.--The term ``nurse practitioner'' \n        has the meaning given such term in section 1861(aa)(5) of the \n        Social Security Act (42 U.S.C. 1395x(aa)(5)).\n            (3) Physician.--The term ``physician'' has the meaning \n        given such term in section 1861(r)(1) of the Social Security \n        Act (42 U.S.C. 1395x(r)(1)).\n            (4) Primary care health professional.--The term ``primary \n        care health professional'' means a physician or nurse \n        practitioner who furnishes primary care services.\n            (5) Primary care services.--The term ``primary care \n        services'' has the meaning given such term in section \n        1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)), \n        but shall include such services furnished by a nurse \n        practitioner as would otherwise be included if furnished by a \n        physician.","title":""}
+{"_id":"c164","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Educational Empowerment Act''.\n\nSEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.\n\n    (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is \namended by adding at the end the following new subchapter:\n\n             ``Subchapter X--Educational Empowerment Zones\n\n                              ``Sec. 1400E. Designation of educational \n                                        empowerment zones.\n\n``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.\n\n    ``(a) Designation.--\n            ``(1) Educational empowerment zone.--For purposes of this \n        title, the term `educational empowerment zone' means any area--\n                    ``(A) which is nominated by one or more local \n                governments and the State or States in which it is \n                located for designation as an educational empowerment \n                zone (hereinafter in this section referred to as a \n                `nominated area'), and\n                    ``(B) which the Secretary of Health and Human \n                Services and the Secretary of Education (hereinafter in \n                this section referred to as the `Secretaries \n                concerned') jointly designate as an educational \n                empowerment zone.\n            ``(2) Number of designations.--The Secretaries concerned \n        may designate not more than 30 nominated areas as educational \n        empowerment zones.\n            ``(3) Areas designated based on degree of poverty, etc.--\n        Except as otherwise provided in this section, the nominated \n        areas designated as educational empowerment zones under this \n        subsection shall be those nominated areas with the highest \n        average ranking with respect to the criteria described in \n        subsection (c)(3). For purposes of the preceding sentence, an \n        area shall be ranked within each such criterion on the basis of \n        the amount by which the area exceeds such criterion, with the \n        area which exceeds such criterion by the greatest amount given \n        the highest ranking.\n            ``(4) Limitation on designations.--\n                    ``(A) Publication of regulations.--The Secretaries \n                concerned shall prescribe by regulation no later than 4 \n                months after the date of the enactment of this \n                section--\n                            ``(i) the procedures for nominating an area \n                        under paragraph (1)(A),\n                            ``(ii) the parameters relating to the size \n                        and population characteristics of an \n                        educational empowerment zone, and\n                            ``(iii) the manner in which nominated areas \n                        will be evaluated based on the criteria \n                        specified in subsection (c).\n                    ``(B) Time limitations.--The Secretaries concerned \n                may designate nominated areas as educational \n                empowerment zones only during the 24-month period \n                beginning on the first day of the first month following \n                the month in which the regulations described in \n                subparagraph (A) are prescribed.\n                    ``(C) Procedural rules.--The Secretaries concerned \n                shall not make any designation of a nominated area as \n                an educational empowerment zone under paragraph (2) \n                unless--\n                            ``(i) a nomination regarding such area is \n                        submitted in such a manner and in such form, \n                        and contains such information, as the \n                        Secretaries concerned shall by regulation \n                        prescribe, and\n                            ``(ii) the Secretaries concerned determine \n                        that any information furnished is reasonably \n                        accurate.\n            ``(5) Nomination process for indian reservations.--For \n        purposes of this subchapter, in the case of a nominated area on \n        an Indian reservation, the reservation governing body (as \n        determined by the Secretary of the Interior) shall be treated \n        as being both the State and local governments with respect to \n        such area.\n    ``(b) Period for Which Designation Is in Effect.--Any designation \nof an area as an educational empowerment zone shall remain in effect \nduring the period beginning on the date of the designation and ending \non the earliest of--\n            ``(1) December 31, 2005,\n            ``(2) the termination date designated by the State and \n        local governments in their nomination, or\n            ``(3) the date the Secretaries concerned revoke such \n        designation.\n    ``(c) Area and Eligibility Requirements.--\n            ``(1) In general.--The Secretary of Commerce may designate \n        a nominated area as an educational empowerment zone under \n        subsection (a) only if the area meets the requirements of \n        paragraphs (2) and (3) of this subsection.\n            ``(2) Area requirements.--For purposes of paragraph (1), a \n        nominated area meets the requirements of this paragraph if--\n                    ``(A) the area is within the jurisdiction of one or \n                more local governments,\n                            ``(B) the boundary of the area is \n                        continuous, and\n                            ``(C) the area does not include an \n                        empowerment zone (as defined in section \n                        1393(b)) other than such a zone designated \n                        under section 1391(g).\n            ``(3) Eligibility requirements.--For purposes of paragraph \n        (1), a nominated area meets the requirements of this paragraph \n        if the State and the local governments in which it is located \n        certify that the nominated area satisfies such conditions as \n        the Secretary of Education deems appropriate.\n            ``(4) Consideration of dropout rate, etc.--The Secretary of \n        Education, in setting forth the conditions for eligibility \n        pursuant to paragraph (3), shall take into account the extent \n        to which an area has low-income families, a high dropout rate, \n        a high rate of teen pregnancy, and large school class sizes.\n    ``(d) Coordination With Treatment of Enterprise Communities.--For \npurposes of this title, if there are in effect with respect to the same \narea both--\n            ``(1) a designation as an educational empowerment zone, and\n            ``(2) a designation as an enterprise community,\nboth of such designations shall be given full effect with respect to \nsuch area.\n    ``(e) Definitions and Special Rules.--For purposes of this \nsubchapter, rules similar to the rules of paragraphs (2), (3), (5), and \n(7) of section 1393 shall apply.''.\n    (b) Clerical Amendment.--The table of subchapters for chapter 1 is \namended by adding at the end the following new item:\n\n                              ``Subchapter X. Educational Empowerment \n                                        Zones.''\n\nSEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL \n              EMPOWERMENT ZONES.\n\n    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 30A the following new section:\n\n``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL \n              EMPOWERMENT ZONES.\n\n    ``(a) Allowance of Credit.--There shall be allowed as a credit \nagainst the tax imposed by this chapter for the taxable year an amount \nequal to the amount of qualified educational empowerment zone \ncontributions made by the taxpayer during such year.\n    ``(b) Maximum Credit.--The amount of the credit allowed by \nsubsection (a)--\n            ``(1) in the case of an individual, shall not exceed \n        $2,000, and\n            ``(2) in the case of any other taxpayer, shall not exceed \n        $10,000.\n    ``(c) Definition of Qualified Educational Empowerment Zone \nContributions.--For purposes of this section, the term `qualified \neducational empowerment zone contributions' means cash contributions \nmade to any school district located in an educational empowerment zone \n(as designated under section 1400E) if such contributions--\n            ``(1) but for subsection (d), would be allowable as a \n        deduction under section 170, and\n            ``(2) are used for any of the following purposes by the \n        school district:\n                    ``(A) Hiring new teachers.\n                    ``(B) Increasing teacher salaries.\n                    ``(C) Training teachers.\n    ``(d) Denial of Double Benefit.--No deduction shall be allowed \nunder this chapter for any contribution taken into account in computing \nthe credit under this section.\n    ``(e) Election.--This section shall apply to any taxpayer for any \ntaxable year only if such taxpayer elects (at such time and in such \nmanner as the Secretary may by regulations prescribe) to have this \nsection apply for such taxable year.\n    ``(f) Application With Other Credits; Carryover of Excess Credit.--\nThe credit allowed by subsection (a) for any taxable year shall not \nexceed the excess (if any) of--\n            ``(1) the regular tax for the taxable year reduced by the \n        sum of the credits allowable under subpart A and the preceding \n        sections of this subpart, over\n            ``(2) the tentative minimum tax for the taxable year.\nIf the credit under subsection (a) exceeds the limitation of the \npreceding sentence, such excess shall be added to the credit allowable \nunder subsection (a) for the succeeding taxable year.''.\n    (b) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 30A the following new \nitem:\n\n                              ``Sec. 30B. Contributions to school \n                                        districts in educational \n                                        empowerment zones.''\n    (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.\n\nSEC. 4. TEACHER LOAN FORGIVENESS PROGRAM.\n\n    Part B of title IV of the Higher Education Act of 1965 is amended \nby inserting after section 428K (20 U.S.C. 1078-11) the following new \nsection:\n\n``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS.\n\n    ``(a) Purpose.--It is the purpose of this section to encourage more \nindividuals to enter and stay in the field of teaching mathematics, \nscience, and related fields.\n    ``(b) Program.--\n            ``(1) In general.--The Secretary shall carry out a program \n        of assuming the obligation to repay, pursuant to subsection \n        (c), a loan made, insured, or guaranteed under this part or \n        part D (excluding loans made under sections 428B and 428C or \n        comparable loans made under part D) for any new borrower after \n        October 1, 1998, who--\n                    ``(A) has been employed as a full-time teacher for \n                3 consecutive complete school years in a school that is \n                located in an educational empowerment zone, as such \n                term is defined in section 1400E of the Internal \n                Revenue Code of 1986;\n                    ``(B) is a fully qualified teacher; and\n                    ``(C) is not in default on a loan for which the \n                borrower seeks forgiveness.\n            ``(2) Award basis; priority.--\n                    ``(A) Award basis.--Subject to subparagraph (B), \n                loan repayment under this section shall be on a first-\n                come, first-served basis and subject to the \n                availability of appropriations.\n                    ``(B) Priority.--The Secretary shall give priority \n                in providing loan repayment under this section for a \n                fiscal year to student borrowers who received loan \n                repayment under this section for the preceding fiscal \n                year.\n            ``(3) Regulations.--The Secretary is authorized to \n        prescribe such regulations as may be necessary to carry out the \n        provisions of this section.\n    ``(c) Loan Repayment.--\n            ``(1) Eligible amount.--The amount the Secretary may repay \n        on behalf of any individual under this section shall not \n        exceed--\n                    ``(A) 80 percent of the sum of the principal \n                amounts outstanding of the individual's qualifying \n                loans at the end of 3 consecutive complete school years \n                of service described in subsection (b)(1)(A);\n                    ``(B) an additional 10 percent of such sum at the \n                end of each of the next 2 consecutive complete school \n                years of such service; and\n                    ``(C) a total of more than $10,000.\n            ``(2) Construction.--Nothing in this section shall be \n        construed to authorize the refunding of any repayment of a loan \n        made under this part or part D.\n            ``(3) Interest.--If a portion of a loan is repaid by the \n        Secretary under this section for any year, the proportionate \n        amount of interest on such loan which accrues for such year \n        shall be repaid by the Secretary.\n            ``(4) Double benefits prohibited.--No borrower may, for the \n        same service, receive a benefit under both this section and \n        subtitle D of title I of the National and Community Service Act \n        of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a \n        reduction of loan obligations under both this section and \n        section 428J or 460.\n    ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to \neach eligible lender or holder for each fiscal year an amount equal to \nthe aggregate amount of loans which are subject to repayment pursuant \nto this section for such year.\n    ``(e) Application for Repayment.--\n            ``(1) In general.--Each eligible individual desiring loan \n        repayment under this section shall submit a complete and \n        accurate application to the Secretary at such time, in such \n        manner, and containing such information as the Secretary may \n        require.\n            ``(2) Conditions.--An eligible individual may apply for \n        loan repayment under this section after completing the required \n        number of years of qualifying employment.\n            ``(3) Fully qualified teachers.--An application for loan \n        repayment under this section shall include such information as \n        is necessary to demonstrate that the applicant--\n                    ``(A) if teaching in a public elementary or \n                secondary school (other than as a teacher in a public \n                charter school), has obtained State certification as a \n                teacher (including certification obtained through \n                alternative routes to certification) or passed the \n                State teacher licensing exam and holds a license to \n                teach in such State; and\n                    ``(B) if teaching in--\n                            ``(i) an elementary school, holds a \n                        bachelor's degree and demonstrates knowledge \n                        and teaching skills in reading, writing, \n                        mathematics, science, and other areas of the \n                        elementary school curriculum; or\n                            ``(ii) a middle or secondary school, holds \n                        a bachelor's degree and demonstrates a high \n                        level of competency in all subject areas in \n                        which he or she teaches through--\n                                    ``(I) a high level of performance \n                                on a rigorous State or local academic \n                                subject areas test; or\n                                    ``(II) completion of an academic \n                                major in each of the subject areas in \n                                which he or she provides instruction.\n    ``(f) Evaluation.--\n            ``(1) In general.--The Secretary shall conduct, by grant or \n        contract, an independent national evaluation of the impact of \n        the program assisted under this section.\n            ``(2) Competitive basis.--The grant or contract described \n        in subsection (b) shall be awarded on a competitive basis.\n            ``(3) Contents.--The evaluation described in this \n        subsection shall--\n                    ``(A) determine the number of individuals who were \n                encouraged by the program assisted under this section \n                to pursue teaching careers;\n                    ``(B) determine the number of individuals who \n                remain employed in teaching mathematics, science, or \n                related fields as a result of participation in the \n                program;\n                    ``(C) identify the barriers to the effectiveness of \n                the program;\n                    ``(D) assess the cost-effectiveness of the program; \n                and\n                    ``(E) identify the number of years each individual \n                participates in the program.\n            ``(4) Interim and final evaluation reports.--The Secretary \n        shall prepare and submit to the President and the Congress such \n        interim reports regarding the evaluation described in this \n        subsection as the Secretary deems appropriate, and shall \n        prepare and so submit a final report regarding the evaluation \n        by January 1, 2004.''.","title":""}
+{"_id":"c165","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Eleanor Smith Inclusive Home Design \nAct of 2013''.\n\nSEC. 2. DEFINITIONS.\n\n    As used in this Act:\n            (1) Covered dwelling unit.--The term ``covered dwelling \n        unit'' means a dwelling unit that--\n                    (A) is a detached single family house, a townhouse \n                or multi-level dwelling unit (whether detached or \n                attached to other units or structures), or a ground-\n                floor unit in a building of three or fewer dwelling \n                units;\n                    (B) is designed as, or intended for occupancy as, a \n                residence;\n                    (C) was designed, constructed, or commissioned, \n                contracted or otherwise arranged for construction, by \n                any person or entity who, at any time before the design \n                or construction, received or was guaranteed Federal \n                financial assistance for any program or activity; and\n                    (D) is made available for first occupancy after the \n                expiration of the one-year period beginning on the date \n                of the enactment of this Act.\n            (2) Federal financial assistance.--The term ``Federal \n        financial assistance'' means--\n                    (A) any assistance that is provided or otherwise \n                made available by the Secretary of Housing and Urban \n                Development or the Secretary of Veterans Affairs, or \n                any program or activity or such agencies, through any \n                grant, loan, contract, or any other arrangement, after \n                the expiration of the one-year period beginning on the \n                date of the enactment of this Act, including--\n                            (i) grants, subsidies, or any other funds;\n                            (ii) services of Federal personnel;\n                            (iii) real or personal property or any \n                        interest in or use of such property, \n                        including--\n                                    (I) transfers or leases of the \n                                property for less than the fair market \n                                value or for reduced consideration; and\n                                    (II) proceeds from a subsequent \n                                transfer or lease of the property if \n                                the Federal share of its fair market \n                                value is not returned to the Federal \n                                Government;\n                            (iv) any tax credit, mortgage or loan \n                        guarantee or insurance; and\n                            (v) community development funds in the form \n                        of obligations guaranteed under section 108 of \n                        the Housing and Community Development Act of \n                        1974 (42 U.S.C. 5308); or\n                    (B) any assistance that is provided or otherwise \n                made available by the Secretary of Agriculture under \n                title V of the Housing Act of 1949 (42 U.S.C. 1471 et \n                seq.).\n            (3) Person or entity.--The term ``person or entity'' \n        includes one or more individuals, corporations (including not-\n        for-profit corporations), partnerships, associations, labor \n        organizations, legal representatives, mutual corporations, \n        joint-stock companies, trusts, unincorporated associations, \n        trustees, trustees in cases under title 11 of the United States \n        Code, receivers, and fiduciaries.\n\nSEC. 3. VISITABILITY REQUIREMENT.\n\n    It shall be unlawful for any person referred to in section 2(1)(C) \nwith respect to a covered dwelling unit to fail to ensure that such \ndwelling unit contains at least one level that complies with the \nStandards for Type C (Visitable) Units of the American National \nStandards Institute (ANSI) Standards for Accessible and Usable \nBuildings and Facilities (1005-ICC ANSI A117.1-2009) and any future \nrevisions thereto.\n\nSEC. 4. ENFORCEMENT.\n\n    (a) Requirement for Federal Financial Assistance.--Each applicant \nfor Federal financial assistance shall submit an assurance to the \nFederal agency responsible for such assistance that all of its programs \nand activities will be conducted in compliance with this Act.\n    (b) Approval of Architectural and Construction Plans.--\n            (1) Submission.--Any applicant for or recipient of Federal \n        financial assistance for a covered dwelling unit shall submit \n        for approval the architectural and construction plans for such \n        unit to the State or local department or agency that is \n        responsible, under applicable State or local law, for the \n        review and approval of construction plans for compliance with \n        generally applicable building codes or requirements (in this \n        subsection referred to as the ``appropriate State or local \n        agency'').\n            (2) Determination of compliance.--\n                    (A) Enforcement actions.--The enforcement actions \n                under this subparagraph are--\n                            (i) reviewing any plans for a covered \n                        dwelling unit submitted pursuant to paragraph \n                        (1) and approving or disapproving such plans \n                        based upon compliance of the dwelling unit with \n                        the requirements of this Act; and\n                            (ii) consistent with applicable State or \n                        local laws and procedures, withholding final \n                        approval of construction or occupancy of a \n                        covered dwelling unit unless and until such \n                        compliance is determined.\n                    (B) Condition of federal housing assistance.--The \n                Secretary of Housing and Urban Development may not \n                provide any Federal financial assistance under any \n                program administered by such Secretary to a State or \n                unit of general local government (or any agency \n                thereof) unless the appropriate State or local agency \n                thereof is, in the determination of the Secretary, \n                taking the enforcement actions under subparagraph (A).\n    (c) Civil Action for Private Persons.--\n            (1) Action.--Any person aggrieved by an act or omission \n        that is unlawful under this Act may commence a civil action in \n        an appropriate United States district court or State court \n        against any person or entity responsible for any part of the \n        design or construction of a covered dwelling unit no later than \n        two years after the occurrence or termination of the alleged \n        unlawful conduct under this Act.\n            (2) Liability.--In any action under this subsection for a \n        violation involving architectural or construction plans for a \n        covered dwelling unit that were approved by the appropriate \n        State or local department or agency--\n                    (A) if such approved plans violate this Act and any \n                construction on such dwelling that violates this Act \n                was performed in accordance with such approved plans, \n                such State or local department or agency shall be \n                liable for such construction in violation; and\n                    (B) if such approved plans comply with this Act and \n                any construction on such dwelling violates this Act, \n                the person or entity responsible for the construction \n                shall be liable for such construction in violation.\n    (d) Enforcement by Attorney General.--Whenever the Attorney General \nhas reasonable cause to believe that any person or group of persons has \nviolated this Act, the Attorney General may commence a civil action in \nany appropriate United States district court. The Attorney General may \nalso, upon timely application, intervene in any civil action brought \nunder subsection (c) by a private person if the Attorney General \ncertifies that the case is of general public importance.\n    (e) Relief.--In any civil action brought under this section, if the \ncourt finds that a violation of this title has occurred or is about to \noccur, it may award to the plaintiff actual and punitive damages, and \nsubject to subsection (g), may grant as relief, as the court finds \nappropriate, any permanent or temporary injunction, temporary \nrestraining order, or other order (including an order enjoining the \ndefendant from violating the Act or ordering such affirmative action as \nmay be appropriate).\n    (f) Violations.--For purposes of this section, a violation \ninvolving a covered dwelling unit that is not designed or constructed \nin conformity with the requirements of this Act shall not be considered \nto terminate until the violation is corrected.\n    (g) Attorney's Fees.--In any civil action brought under this \nsection, the court, in its discretion, may allow the prevailing party, \nother than the United States, a reasonable attorney's fee and costs.\n    (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief \ngranted under this section shall not affect any contract, sale, \nencumbrance, or lease consummated before the granting of such relief \nand involving a bona fide purchaser, encumbrancer, or tenant, without \nactual notice of a civil action under this title.\n\nSEC. 5. EFFECT ON STATE LAWS.\n\n    Nothing in this Act shall be constructed to invalidate or limit any \nlaw of a State or political subdivision of a State, or of any other \njurisdiction in which this Act shall be effective, that grants, \nguarantees, or provides the same rights, protections, and requirements \nas are provided by this Act, but any law of a State, a political \nsubdivision thereof, or other such jurisdiction that purports to \nrequire or permit any action that would violate this Act shall to that \nextent be invalid.\n\nSEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.\n\n    Nothing in this Act shall limit any right, procedure, or remedy \navailable under the Constitution or any other Act of the Congress.\n\nSEC. 7. SEVERABILITY OF PROVISIONS.\n\n    If any provision of this Act of the application thereof to any \nperson or circumstances is held invalid, the remainder of the Act and \nthe application of the provision to other persons not similarly \nsituated shall not be affected thereby.","title":""}
+{"_id":"c166","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Electronic Commerce Extension \nEstablishment Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) The United States economy is in the early stages of a \n        revolution in electronic commerce--the ability to buy, sell, \n        and even deliver goods and services through computer networks. \n        Estimates are that electronic commerce sales in 1998 were \n        around $100,000,000,000 and could rise to $1,300,000,000,000 by \n        2003.\n            (2) Electronic commerce promises to spur tremendously \n        United States productivity and economic growth--repeating a \n        historical pattern where the greatest impetus toward economic \n        growth lies not in the sale of new technologies but in their \n        widespread adoption and use.\n            (3) Electronic commerce presents an enormous opportunity \n        and challenge for small businesses. Such commerce will give \n        such businesses new markets and new ways of doing businesses. \n        However, many such business will have difficulty in adopting \n        appropriate electronic commerce technologies and practices. \n        Moreover, such businesses in more rural areas will find distant \n        businesses entering their markets and competing with them. \n        Thus, there is considerable risk many small businesses will be \n        left behind in the shift to electronic commerce.\n            (4) The United States has an interest in ensuring that \n        small businesses in all parts of the United States participate \n        fully in the electronic commerce revolution, both for the sake \n        of such businesses and in order to promote productivity and \n        economic growth throughout the entire United States economy.\n            (5) The Federal Government has a long history of \n        successfully helping small farmers with new agricultural \n        technologies through the Cooperative Extension System at the \n        Department of Agriculture, founded in 1914. More recently, the \n        National Institute of Standards and Technology has successfully \n        helped small manufacturers with manufacturing technologies \n        through its Manufacturing Extension Program, established in \n        1988.\n            (6) Similarly, now is the time to establish an electronic \n        commerce extension program to help small businesses throughout \n        the United States identify, adapt, and adopt electronic \n        commerce technologies and business practices, thereby ensuring \n        that such businesses fully participate in the electronic \n        commerce revolution.\n\nSEC. 3. PURPOSE.\n\n    The purpose of this Act is to establish an electronic commerce \nextension program focused on small businesses at the National Institute \nof Standards and Technology.\n\nSEC. 4. ESTABLISHMENT OF ELECTRONIC COMMERCE EXTENSION PROGRAM AT \n              NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY.\n\n    (a) Establishment.--The National Bureau of Standards Act (15 U.S.C. \n271 et seq.) is amended by inserting after section 25 (15 U.S.C. 278k) \nthe following new section:\n\n ``regional centers for the transfer of electronic commerce technology\n\n    ``Sec. 25A. (a)(1) The Secretary, through the Undersecretary of \nCommerce for Technology and the Director and in consultation with other \nappropriate officials, shall provide assistance for the creation and \nsupport of Regional Centers for the Transfer of Electronic Commerce \nTechnology (in this section referred to as `Centers').\n    ``(2) The Centers shall be affiliated with any United States-based \nnonprofit institution or organization, or group thereof, that applies \nfor and is awarded financial assistance under this section in \naccordance with the program established by the Secretary under \nsubsection (c).\n    ``(3) The objective of the Centers is to enhance productivity and \ntechnological performance in United States electronic commerce \nthrough--\n            ``(A) the transfer of electronic commerce technology and \n        techniques developed at the Institute to Centers and, through \n        them, to companies throughout the United States;\n            ``(B) the participation of individuals from industry, \n        institutions of higher education, State governments, other \n        Federal agencies, and, when appropriate, the Institute in \n        cooperative technology transfer activities;\n            ``(C) efforts to make electronic commerce technology and \n        techniques usable by a wide range of United States-based small \n        companies;\n            ``(D) the active dissemination of scientific, engineering, \n        technical, and management information about electronic commerce \n        to small companies, with a particular focus on reaching those \n        located in rural or isolated areas; and\n            ``(E) the utilization, when appropriate, of the expertise \n        and capability that exists in State and local governments, \n        institutions of higher education, the private sector, and \n        Federal laboratories other than the Institute.\n    ``(b) The activities of the Centers shall include--\n            ``(1) the establishment of electronic commerce \n        demonstration systems, based on research by the Institute and \n        other organizations and entities, for the purpose of technology \n        transfer; and\n            ``(2) the active transfer and dissemination of research \n        findings and Center expertise to a wide range of companies and \n        enterprises, particularly small companies.\n    ``(c)(1) The Secretary may provide financial support to any Center \ncreated under subsection (a) in accordance with a program established \nby the Secretary for purposes of this section.\n    ``(2) The Secretary may not provide to a Center more than 50 \npercent of the capital and annual operating and maintenance funds \nrequired to create and maintain the Center.\n    ``(3)(A) Any nonprofit institution, or group thereof, or consortia \nof nonprofit institutions may, in accordance with the procedures \nestablished by the Secretary under the program under paragraph (1), \nsubmit to the Secretary an application for financial support for the \ncreation and operation of a Center under this section.\n    ``(B) In order to receive financial assistance under this section \nfor a Center, an applicant shall provide adequate assurances that it \nwill contribute 50 percent or more of the estimated capital and annual \noperating and maintenance costs of the Center for the first three years \nof its operation and an increasing share of such costs over the next \nthree years of its operation.\n    ``(C) An applicant shall also submit a proposal for the allocation \nof the legal rights associated with any invention which may result from \nthe activities of the Center proposed by the applicant.\n    ``(4)(A) The Secretary shall subject each application submitted \nunder this subsection to merit review.\n    ``(B) In making a decision whether to approve an application and \nprovide financial support for a Center under this section, the \nSecretary shall consider at a minimum--\n            ``(i) the merits of the application, particularly the \n        portions of the application regarding technology transfer, \n        training and education, and adaptation of electronic commerce \n        technologies to the needs of particular industrial sectors;\n            ``(ii) the quality of service to be provided;\n            ``(iii) geographical diversity and extent of service area; \n        and\n            ``(iv) the percentage of funding and amount of in-kind \n        commitment from other sources.\n    ``(5)(A) Each Center receiving financial assistance under this \nsection shall be evaluated during the third year of its operation by an \nevaluation panel appointed by the Secretary.\n    ``(B) Each evaluation panel under this paragraph shall be composed \nof private experts, none of whom shall be connected with the Center \ninvolved, and with appropriate Federal officials. An official of the \nInstitute shall chair each evaluation panel.\n    ``(C) Each evaluation panel under this paragraph shall measure the \nperformance of the Center involved against the objectives specified in \nthis section and under the arrangement between the Center and the \nInstitute.\n    ``(6) The Secretary may not provide funding for a Center under this \nsection for the fourth through the sixth years of its operation unless \nthe evaluation regarding the Center under paragraph (5) is positive. If \nsuch evaluation for a Center is positive, the Secretary may provide \ncontinued funding for the Center through the sixth year of its \noperation at declining levels.\n    ``(7)(A) After the sixth year of operation of a Center, the Center \nmay receive additional financial support under this section if the \nCenter has received a positive evaluation of its operation through an \nindependent review conducted under procedures established by the \nInstitute. Such independent review shall be undertaken for a Center not \nless often than every two years commencing after the sixth year of its \noperation.\n    ``(B) The amount of funding received by a Center under this section \nfor any fiscal year of the Center after the sixth year of its operation \nmay not exceed an amount equal to one-third of the capital and annual \noperating and maintenance costs of the Center in such fiscal year under \nthe program.\n    ``(8) The provisions of chapter 18 of title 35, United States Code, \nshall (to the extent not inconsistent with this section) apply to the \npromotion of technology from research by Centers under this section \nexcept for contracts for such specific technology extension or transfer \nservices as may be specified by statute or by the Director.\n    ``(d)(1) In addition to such sums as may be appropriated to the \nSecretary and Director for purposes of the support of Centers under \nthis section, the Secretary and Director may accept funds from other \nFederal departments and agencies for such purposes.\n    ``(2) The selection and operation of a Center under this section \nshall be governed by the provisions of this section, regardless of the \nFederal department or agency providing funds for the operation of the \nCenter.\n    ``(e) In this section, the term `electronic commerce' means the \nbuying, selling, and delivery of goods and services, or the \ncoordination or conduct of economic activities within and among \norganizations, through computer networks.''.\n    (b) Description of Program.--(1) Not later than 90 days after the \ndate of the enactment of this Act, the Secretary of Commerce shall \npublish in the Federal Register a proposal for the program required by \nsection 25A(c) of the National Bureau of Standards Act, as added by \nsubsection (a).\n    (2) The proposal for the program under paragraph (1) shall \ninclude--\n            (A) a description of the program;\n            (B) procedures to be followed by applicants for support \n        under the program;\n            (C) criteria for determining qualified applicants under the \n        program;\n            (D) criteria, including the criteria specified in paragraph \n        (4) of such section 25A(c), for choosing recipients of \n        financial assistance under the program from among qualified \n        applicants; and\n            (E) maximum support levels expected to be available to \n        Centers for the Transfer of Electronic Commerce Technology \n        under the program in each year of assistance under the program.\n    (3) The Secretary shall provide a 30-day period of opportunity for \npublic comment on the proposal published under paragraph (1).\n    (4) Upon completion of the period referred to in paragraph (3), the \nSecretary shall publish in the Federal Register a final version of the \nprogram referred to in paragraph (1). The final version of the program \nshall take into account public comments received by the Secretary under \nparagraph (3).\n    (c) Authorization of Appropriations.--There is hereby authorized to \nbe appropriated for the Department of Commerce each fiscal year such \namounts as may be required during such fiscal year for purposes of \nactivities under section 25A of the National Bureau of Standards Act, \nas added by subsection (a).","title":""}
+{"_id":"c167","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Electronic Device Recycling Research \nand Development Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) The volume of electronic devices in the United States \n        is substantial and will continue to grow. The Environmental \n        Protection Agency estimates that over 2 billion computers, \n        televisions, wireless devices, printers, gaming systems, and \n        other devices have been sold since 1980, generating 2 million \n        tons of unwanted electronic devices in 2005 alone.\n            (2) Electronic devices can be recycled or refurbished to \n        recover and conserve valuable materials, such as gold, copper, \n        and platinum. However, according to the Environmental \n        Protection Agency, only 15 to 20 percent of electronic devices \n        discarded from households reach recyclers.\n            (3) The electronic device recycling industry in the United \n        States is growing; however, challenges remain for the recycling \n        of electronic devices by households and other small generators. \n        Collection of such electronic devices is expensive, and \n        separation and proper recycling of some of the materials \n        recovered, like lead from cathode-ray tube televisions, is \n        costly.\n            (4) The export of unwanted electronic devices to developing \n        countries also presents a serious challenge. The crude methods \n        of many of the recycling operations in these countries can \n        expose workers to harmful chemicals, jeopardizing their health \n        and polluting the environment.\n            (5) Some of the challenges to increasing the recyclability \n        of electronic devices can be addressed by improving the \n        logistics and technology of the collection and recycling \n        process, designing electronic devices to avoid the use of \n        hazardous materials and to be more easily recycled, and \n        encouraging the use of recycled materials in more applications.\n            (6) The public currently does not take full advantage of \n        existing electronic device recycling opportunities. Studying \n        factors that influence behavior and educating consumers about \n        responsible electronic device recycling could help communities \n        and private industry develop recycling programs that draw more \n        participation.\n            (7) The development of tools and technologies to increase \n        the lifespan of electronic devices and to promote their safe \n        reuse would decrease the impact of the production of electronic \n        devices on the environment and likely increase the \n        recyclability of such devices.\n            (8) Accurately assessing the environmental impacts of the \n        production of electronic devices and the recycling of such \n        devices is a complex task. Data, tools, and methods to better \n        quantify these impacts would help policymakers and others \n        determine the best end-of-life management options for \n        electronic devices.\n\nSEC. 3. ELECTRONIC DEVICE ENGINEERING RESEARCH, DEVELOPMENT, AND \n              DEMONSTRATION PROJECTS.\n\n    (a) In General.--The Administrator shall award multiyear grants to \nconsortia to conduct research to create innovative and practical \napproaches to manage the environmental impacts of electronic devices \nand, through the conduct of this research, to contribute to the \nprofessional development of scientists, engineers, and technicians in \nthe fields of electronic device manufacturing, design, refurbishing, \nand recycling. The grants awarded under this section shall support \nresearch to--\n            (1) increase the efficiency of and improve electronic \n        device collection and recycling;\n            (2) expand the uses and applications for materials \n        recovered from electronic devices;\n            (3) develop and demonstrate environmentally friendly \n        alternatives to the use of hazardous and potentially hazardous \n        materials in electronic devices and the production of such \n        devices;\n            (4) develop methods to identify, separate, and remove \n        hazardous and potentially hazardous materials from electronic \n        devices and to reuse, recycle, or dispose of such materials in \n        a safe manner;\n            (5) reconsider product design and assembly to facilitate \n        and improve refurbishment, reuse, and recycling of electronic \n        devices, including an emphasis on design for recycling;\n            (6) conduct lifecycle analyses of electronic devices, \n        including developing tools and methods to assess the \n        environmental impacts of the production, use, and end-of-life \n        management of electronic devices and electronic device \n        components;\n            (7) develop product design, tools, and techniques to extend \n        the lifecycle of electronic devices, including methods to \n        promote their upgrade and safe reuse; and\n            (8) identify the social, behavioral, and economic barriers \n        to recycling and reuse for electronic devices and develop \n        strategies to increase awareness, consumer acceptance, and the \n        practice of responsible recycling and reuse for such devices.\n    (b) Merit Review; Competition.--Grants shall be awarded under this \nsection on a merit-reviewed, competitive basis.\n    (c) Applications.--A consortium shall submit an application for a \ngrant under this section to the Administrator at such time, in such \nmanner, and containing such information and assurances as the \nAdministrator may require. The application shall include a description \nof--\n            (1) the research project that will be undertaken by the \n        consortium and the contributions of each of the participating \n        entities, including the for-profit entity;\n            (2) the applicability of the project to reduce impediments \n        to electronic device recycling in the electronic device design, \n        manufacturing, refurbishing, or recycling industries;\n            (3) the potential for and feasibility of incorporating the \n        research results into industry practice; and\n            (4) how the project will promote collaboration among \n        scientists and engineers from different disciplines, such as \n        electrical engineering, materials science, and social science.\n    (d) Dissemination of Research Results.--Research results shall be \nmade publicly available through--\n            (1) development of best practices or training materials for \n        use in the electronic device manufacturing, design, \n        refurbishing, or recycling industries;\n            (2) dissemination at conferences affiliated with such \n        industries;\n            (3) publication on the Environmental Protection Agency's \n        Web site;\n            (4) demonstration projects; or\n            (5) educational materials for the public produced in \n        conjunction with State governments, local governments, or \n        nonprofit organizations on problems and solutions related to \n        electronic device recycling and reuse.\n    (e) Funding Contribution From For-Profit Member of Consortium.--The \nfor-profit entity participating in the consortium shall contribute at \nleast 10 percent of the total research project cost, either directly or \nwith in-kind contributions.\n    (f) Protection of Proprietary Information.--The Administrator--\n            (1) shall not disclose any proprietary information or trade \n        secrets provided by any person or entity pursuant to this \n        section;\n            (2) shall ensure that, as a condition of receipt of a grant \n        under this section, each member of the consortium has in place \n        proper protections to maintain proprietary information or trade \n        secrets contributed by other members of the consortium; and\n            (3) if any member of the consortium breaches the conditions \n        under paragraph (2) or discloses proprietary information or \n        trade secrets, may require the return of any funds received \n        under this section by such member.\n    (g) Biennial Report.--Within 2 years after the date of enactment of \nthis Act, and every 2 years thereafter, the Administrator shall \ntransmit a report to Congress that provides--\n            (1) a list of the grants awarded under this section;\n            (2) the entities participating in each consortium receiving \n        a grant;\n            (3) a description of the research projects carried out in \n        whole or in part with funds made available under such a grant;\n            (4) the results of such research projects; and\n            (5) a description of the rate and success of the adoption \n        or integration of such research results into the manufacturing \n        processes, management practices, and products of the \n        electronics industry.\n    (h) Authorization of Appropriations.--There are authorized to be \nappropriated to the Administrator to carry out this section:\n            (1) $18,000,000 for fiscal year 2010.\n            (2) $20,000,000 for fiscal year 2011.\n            (3) $22,000,000 for fiscal year 2012.\n\nSEC. 4. NATIONAL ACADEMY OF SCIENCES REPORT ON ELECTRONIC DEVICE \n              RECYCLING.\n\n    (a) In General.--In order to better recognize gaps and \nopportunities in the research and training programs established in this \nAct, the Administrator shall enter into an arrangement with the \nNational Academy of Sciences for a report, to be transmitted to \nCongress not later than 1 year after the date of enactment of this Act, \non--\n            (1) opportunities for and barriers to--\n                    (A) increasing the recyclability of electronic \n                devices, specifically addressing--\n                            (i) recycling or safe disposal of \n                        electronic devices and low value materials \n                        recovered from such devices;\n                            (ii) designing electronic devices to \n                        facilitate reuse and recycling; and\n                            (iii) the reuse of electronic devices; and\n                    (B) making electronic devices safer and more \n                environmentally friendly, specifically addressing \n                reducing the use of hazardous materials and potentially \n                hazardous materials in electronic devices;\n            (2) the environmental and human health risks posed by the \n        storage, transport, recycling, and disposal of unwanted \n        electronic devices;\n            (3) the current status of research and training programs to \n        promote the environmental design of electronic devices to \n        increase the recyclability of such devices; and\n            (4) any regulatory or statutory barriers that may prevent \n        the adoption or implementation of best management practices or \n        technological innovations that may arise from the research and \n        training programs established in this Act.\n    (b) Recommendations.--The report under subsection (a) shall \nidentify gaps in the current research and training programs in \naddressing the opportunities, barriers, and risks relating to \nelectronic device recycling, and the report shall recommend areas where \nadditional research and development resources are needed to reduce the \nimpact of unwanted electronic devices on the environment.\n\nSEC. 5. ENGINEERING CURRICULUM DEVELOPMENT GRANTS.\n\n    (a) Grant Program.--The Administrator, in consultation with the \nDirector of the National Science Foundation, shall award grants to \ninstitutions of higher education to develop curricula that incorporates \nthe principles of environmental design into the development of \nelectronic devices--\n            (1) for the training of electrical, mechanical, industrial, \n        manufacturing, materials, and software engineers and other \n        students at the undergraduate and graduate level; and\n            (2) to support the continuing education of professionals in \n        the electronic device manufacturing, design, refurbishing, or \n        recycling industries.\n    (b) Eligible Entities.--The term ``institution of higher \neducation'', as such term is used with respect to eligibility to \nreceive a grant under subsection (a)(2), includes any institution of \nhigher education under section 101(b) of the Higher Education Act of \n1965 (20 U.S.C. 1001(b)).\n    (c) Outreach to Minority Serving Institutions.--The Administrator \nshall conduct outreach to minority serving institutions for the \npurposes of providing information on the grants available under this \nsection and how to apply for such grants.\n    (d) Merit Review; Competition.--Grants shall be awarded under this \nsection on a merit-reviewed, competitive basis.\n    (e) Use of Funds.--Grants awarded under this section shall be used \nfor activities that enhance the ability of an institution of higher \neducation to broaden the undergraduate and graduate-level engineering \ncurriculum or professional continuing education curriculum to include \nenvironmental engineering design principles and consideration of \nproduct lifecycles related to electronic devices and increasing the \nrecyclability of such devices. Activities may include--\n            (1) developing and revising curriculum to include \n        multidisciplinary elements;\n            (2) creating research and internship opportunities for \n        students through partnerships with industry, nonprofit \n        organizations, or government agencies;\n            (3) creating and establishing certificate programs; and\n            (4) developing curricula for short courses and continuing \n        education for professionals in the environmental design of \n        electronic devices to increase the recyclability of such \n        devices.\n    (f) Application.--An institution of higher education seeking a \ngrant under this section shall submit an application to the \nAdministrator at such time, in such manner, and with such information \nand assurances as the Administrator may require.\n    (g) Authorization of Appropriations.--There are authorized to be \nappropriated to the Administrator to carry out this section:\n            (1) $5,000,000 for fiscal year 2010.\n            (2) $5,150,000 for fiscal year 2011.\n            (3) $5,304,000 for fiscal year 2012.\n\nSEC. 6. ENVIRONMENTALLY FRIENDLY ALTERNATIVE MATERIALS PHYSICAL \n              PROPERTY DATABASE.\n\n    (a) In General.--The Director shall establish an initiative to \ndevelop a comprehensive physical property database for environmentally \nfriendly alternative materials for use in electronic devices.\n    (b) Priorities.--The Director, working with the electronic device \ndesign, manufacturing, or recycling industries, shall develop a \nstrategic plan to establish priorities and the physical property \ncharacterization requirements for the database described in subsection \n(a).\n    (c) Authorization of Appropriations.--There are authorized to be \nappropriated to the Administrator to carry out this section:\n            (1) $3,000,000 for fiscal year 2010.\n            (2) $3,000,000 for fiscal year 2011.\n            (3) $3,000,000 for fiscal year 2012.\n\nSEC. 7. DEFINITIONS.\n\n    For the purposes of this Act:\n            (1) Administrator.--The term ``Administrator'' means the \n        Administrator of the Environmental Protection Agency.\n            (2) Consortium.--The term ``consortium'' means a grant \n        applicant or recipient under section 3(a) that includes--\n                    (A) at least one institution of higher education, \n                nonprofit research institution, or government \n                laboratory; and\n                    (B) at least one for-profit entity, including a \n                manufacturer, designer, refurbisher, or recycler of \n                electronic devices or the components of such devices.\n            (3) Director.--The term ``Director'' means the Director of \n        the National Institute of Standards and Technology.\n            (4) Electronic device.--The term ``electronic device'' may \n        include computers, computer monitors, televisions, laptops, \n        printers, wireless devices, copiers, fax machines, stereos, \n        video gaming systems, and the components of such devices.\n            (5) Institution of higher education.--The term \n        ``institution of higher education'' has the meaning given such \n        term in section 101(a) of the Higher Education Act of 1965 (20 \n        U.S.C. 1001(a)).\n            (6) Minority serving institution.--The term ``minority \n        serving institution'' means an institution that is an eligible \n        institution under section 371(a) of the Higher Education Act of \n        1965 (20 U.S.C. 1067q(a)).\n\n            Passed the House of Representatives April 22, 2009.\n\n            Attest:\n\n                                            LORRAINE C. MILLER,\n\n                                                                 Clerk.","title":""}
+{"_id":"c168","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Elementary and Secondary School \nCounseling Improvement Act of 2001''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n    (a) Findings.--Congress finds that--\n            (1) elementary and secondary school children are being \n        subjected to unprecedented social stresses, including \n        fragmentation of the family, drug and alcohol abuse, violence, \n        child abuse, and poverty;\n            (2) an increasing number of elementary and secondary school \n        children are exhibiting symptoms of distress, such as substance \n        abuse, emotional disorders, violent outbursts, disruptive \n        behavior, juvenile delinquency, and suicide;\n            (3) between 1984 and 1994, the homicide rate for \n        adolescents doubled, while the rate of nonfatal violent crimes \n        committed by adolescents increased by almost 20 percent;\n            (4) according to the National Institute of Mental Health, \n        up to one in five children and youth have psychological \n        problems severe enough to require some form of professional \n        help, yet only 20 percent of youth with mental disorders or \n        their families receive help;\n            (5) the Institute of Medicine has identified psychological \n        counseling as the most serious school health need for the \n        normal development of our Nation's children and youth;\n            (6) school counselors, school psychologists, and school \n        social workers can contribute to the personal growth, \n        educational development, and emotional well-being of elementary \n        and secondary school children by providing professional \n        counseling, intervention, and referral services;\n            (7) the implementation of well designed school counseling \n        programs has been shown to increase students' academic success;\n            (8) the national average student-to-counselor ratio in \n        elementary and secondary schools is 531 to 1, and the average \n        student-to-psychologist ratio is 2300 to 1;\n            (9) it is recommended that to effectively address students' \n        mental health and development needs, schools have 1 full-time \n        counselor for every 250 students, 1 psychologist for every \n        1,000 students, and 1 school social worker for every 800 \n        students;\n            (10) the population of elementary and secondary school \n        students in the United States is expected to increase \n        dramatically during the 5 to 10 years beginning with 1999;\n            (11) the Federal Government can help reduce the risk of \n        academic, social, and emotional problems among elementary and \n        secondary school children by stimulating the development of \n        model school counseling programs; and\n            (12) the Federal Government can help reduce the risk of \n        future unemployment and assist the school-to-work transition by \n        stimulating the development of model school counseling programs \n        that include comprehensive career development.\n    (b) Purpose.--It is the purpose of this Act to enhance the \navailability and quality of counseling services for elementary and \nsecondary school children by providing grants to local educational \nagencies to enable such agencies to establish or expand effective and \ninnovative counseling programs that can serve as national models.\n\nSEC. 3. SCHOOL COUNSELING.\n\n    Title IV of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 7101 et seq.) is amended--\n            (1) in section 4004 (20 U.S.C. 7104)--\n                    (A) in paragraph (1), by striking ``and'' at the \n                end;\n                    (B) in paragraph (2), by striking the period and \n                inserting ``; and''; and\n                    (C) by adding at the end the following:\n            ``(3) $100,000,000 for fiscal year 2002, and such sums as \n        may be necessary for each of the 4 succeeding fiscal years, for \n        grants under section 4124.''; and\n            (2) by adding at the end of subpart 2 of part A, the \n        following:\n\n``SEC. 4124. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING \n              DEMONSTRATION.\n\n    ``(a) Counseling Demonstration.--\n            ``(1) In general.--The Secretary may award grants under \n        this section to local educational agencies to enable the local \n        educational agencies to establish or expand elementary school \n        and secondary school counseling programs.\n            ``(2) Priority.--In awarding grants under this section, the \n        Secretary shall give special consideration to applications \n        describing programs that--\n                    ``(A) demonstrate the greatest need for new or \n                additional counseling services among the children in \n                the schools served by the applicant;\n                    ``(B) propose the most promising and innovative \n                approaches for initiating or expanding school \n                counseling; and\n                    ``(C) show the greatest potential for replication \n                and dissemination.\n            ``(3) Equitable distribution.--In awarding grants under \n        this section, the Secretary shall ensure an equitable \n        geographic distribution among the regions of the United States \n        and among urban, suburban, and rural areas.\n            ``(4) Duration.--A grant under this section shall be \n        awarded for a period not to exceed three years.\n            ``(5) Maximum grant.--A grant under this section shall not \n        exceed $400,000 for any fiscal year.\n    ``(b) Applications.--\n            ``(1) In general.--Each local educational agency desiring a \n        grant under this section shall submit an application to the \n        Secretary at such time, in such manner, and accompanied by such \n        information as the Secretary may reasonably require.\n            ``(2) Contents.--Each application for a grant under this \n        section shall--\n                    ``(A) describe the school population to be targeted \n                by the program, the particular personal, social, \n                emotional, educational, and career development needs of \n                such population, and the current school counseling \n                resources available for meeting such needs;\n                    ``(B) describe the activities, services, and \n                training to be provided by the program and the specific \n                approaches to be used to meet the needs described in \n                subparagraph (A);\n                    ``(C) describe the methods to be used to evaluate \n                the outcomes and effectiveness of the program;\n                    ``(D) describe the collaborative efforts to be \n                undertaken with institutions of higher education, \n                businesses, labor organizations, community groups, \n                social service agencies, and other public or private \n                entities to enhance the program and promote school-\n                linked services integration;\n                    ``(E) describe collaborative efforts with \n                institutions of higher education which specifically \n                seek to enhance or improve graduate programs \n                specializing in the preparation of school counselors, \n                school psychologists, and school social workers;\n                    ``(F) document that the applicant has the personnel \n                qualified to develop, implement, and administer the \n                program;\n                    ``(G) describe how any diverse cultural \n                populations, if applicable, would be served through the \n                program;\n                    ``(H) assure that the funds made available under \n                this part for any fiscal year will be used to \n                supplement and, to the extent practicable, increase the \n                level of funds that would otherwise be available from \n                non-Federal sources for the program described in the \n                application, and in no case supplant such funds from \n                non-Federal sources; and\n                    ``(I) assure that the applicant will appoint an \n                advisory board composed of parents, school counselors, \n                school psychologists, school social workers, other \n                pupil services personnel, teachers, school \n                administrators, and community leaders to advise the \n                local educational agency on the design and \n                implementation of the program.\n    ``(c) Use of Funds.--\n            ``(1) In general.--From amounts made available under \n        section 4004(3) to carry out this section, the Secretary shall \n        award grants to local education agencies to be used to initiate \n        or expand elementary or secondary school counseling programs \n        that comply with the requirements of paragraph (2).\n            ``(2) Program requirements.--Each program assisted under \n        this section shall--\n                    ``(A) be comprehensive in addressing the personal, \n                social, emotional, and educational needs of all \n                students;\n                    ``(B) use a developmental, preventive approach to \n                counseling;\n                    ``(C) increase the range, availability, quantity, \n                and quality of counseling services in the schools of \n                the local educational agency;\n                    ``(D) expand counseling services only through \n                qualified school counselors, school psychologists, and \n                school social workers;\n                    ``(E) use innovative approaches to increase \n                children's understanding of peer and family \n                relationships, work and self, decisionmaking, or \n                academic and career planning, or to improve social \n                functioning;\n                    ``(F) provide counseling services that are well-\n                balanced among classroom group and small group \n                counseling, individual counseling, and consultation \n                with parents, teachers, administrators, and other pupil \n                services personnel;\n                    ``(G) include inservice training for school \n                counselors, school social workers, school \n                psychologists, other pupil services personnel, \n                teachers, and instructional staff;\n                    ``(H) involve parents of participating students in \n                the design, implementation, and evaluation of a \n                counseling program;\n                    ``(I) involve collaborative efforts with \n                institutions of higher education, businesses, labor \n                organizations, community groups, social service \n                agencies, or other public or private entities to \n                enhance the program and promote school-linked services \n                integration; and\n                    ``(J) evaluate annually the effectiveness and \n                outcomes of the counseling services and activities \n                assisted under this section.\n            ``(3) Report.--The Secretary shall issue a report \n        evaluating the programs assisted pursuant to each grant under \n        this subsection at the end of each grant period in accordance \n        with section 14701.\n            ``(4) Dissemination.--The Secretary shall make the programs \n        assisted under this section available for dissemination, either \n        through the National Diffusion Network or other appropriate \n        means.\n            ``(5) Limit on administration.--Not more than 5 percent of \n        the amounts made available under this section in any fiscal \n        year shall be used for administrative costs to carry out this \n        section.\n    ``(d) Definitions.--For purposes of this section:\n            ``(1) School counselor.--The term `school counselor' means \n        an individual who has documented competence in counseling \n        children and adolescents in a school setting and who--\n                    ``(A) possesses State licensure or certification \n                granted by an independent professional regulatory \n                authority;\n                    ``(B) in the absence of such State licensure or \n                certification, possesses national certification in \n                school counseling or a specialty of counseling granted \n                by an independent professional organization; or\n                    ``(C) holds a minimum of a master's degree in \n                school counseling from a program accredited by the \n                Council for Accreditation of Counseling and Related \n                Educational Programs or the equivalent.\n            ``(2) School psychologist.--The term `school psychologist' \n        means an individual who--\n                    ``(A) possesses a minimum of 60 graduate semester \n                hours in school psychology from an institution of \n                higher education and has completed 1,200 clock hours in \n                a supervised school psychology internship, of which 600 \n                hours shall be in the school setting;\n                    ``(B) possesses State licensure or certification in \n                the State in which the individual works; or\n                    ``(C) in the absence of such State licensure or \n                certification, possesses national certification by the \n                National School Psychology Certification Board.\n            ``(3) School social worker.--The term `school social \n        worker' means an individual who--\n                    ``(A)(i) holds a master's degree in social work \n                from a program accredited by the Council on Social Work \n                Education; and\n                    ``(ii) is licensed or certified by the State in \n                which services are provided; or\n                    ``(B) in the absence of such licensure or \n                certification, possess a national certification or \n                credential as a school social work specialist that has \n                been awarded by an independent professional \n                organization.\n            ``(4) Supervisor.--The term `supervisor' means an \n        individual who has the equivalent number of years of \n        professional experience in such individual's respective \n        discipline as is required of teaching experience for the \n        supervisor or administrative credential in the State of such \n        individual.''.","title":""}
+{"_id":"c169","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Emergency Mortgage Loan Modification \nAct of 2008''.\n\nSEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS \n              FOR CERTAIN RESIDENTIAL MORTGAGE LOANS.\n\n    (a) Standard for Loan Modifications or Workout Plans.--Absent \ncontractual provisions to the contrary--\n            (1) the duty to maximize, or to not adversely affect, the \n        recovery of total proceeds from pooled residential mortgage \n        loans is owed by a servicer of such pooled loans to the \n        securitization vehicle for the benefit of all investors and \n        holders of beneficial interests in the pooled loans, in the \n        aggregate, and not to any individual party or group of parties; \n        and\n            (2) a servicer of pooled residential mortgage loans shall \n        be deemed to be acting on behalf of the securitization vehicle \n        in the best interest of all investors and holders of beneficial \n        interests in the pooled loans, in the aggregate, if for a loan \n        that is in payment default under the loan agreement or for \n        which payment default is imminent or reasonably foreseeable, \n        the loan servicer makes reasonable and documented efforts to \n        implement a modification or workout plan or, if such efforts \n        are unsuccessful or such plan would be infeasible, engages in \n        other loss mitigation, including accepting a short payment or \n        partial discharge of principal, or agreeing to a short sale of \n        the property, to the extent that the servicer reasonably \n        believes the particular modification or workout plan or other \n        mitigation actions will maximize the net present value to be \n        realized on the loan, including over that which would be \n        realized through foreclosure.\n    (b) Safe Harbor.--Absent contractual provisions to the contrary, a \nservicer of a residential mortgage loan that acts in a manner \nconsistent with the duty set forth in subsection (a), shall not be \nliable for entering into a qualified loan modification or workout plan, \nto--\n            (1) any person, based on that person's ownership of a \n        residential mortgage loan or any interest in a pool of \n        residential mortgage loans or in securities that distribute \n        payments out of the principal, interest and other payments in \n        loans on the pool;\n            (2) any person who is obligated pursuant to a derivatives \n        instrument to make payments determined in reference to any loan \n        or any interest referred to in paragraph (1); or\n            (3) any person that insures any loan or any interest \n        referred to in paragraph (1) under any law or regulation of the \n        United States or any law or regulation of any State or \n        political subdivision of any State.\n    (c) Rule of Construction.--No provision of this section shall be \nconstrued as limiting the ability of a servicer to enter into loan \nmodifications or workout plans other than qualified loan modification \nor workout plans.\n    (d) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n            (1) Qualified loan modification or workout plan.--The term \n        ``qualified loan modification or workout plan'' means a \n        modification or plan that--\n                    (A) is scheduled to remain in place until the \n                borrower sells or refinances the property, or for at \n                least 5 years from the date of adoption of the plan, \n                whichever is sooner;\n                    (B) does not provide for a repayment schedule that \n                results in negative amortization at any time; and\n                    (C) does not require the borrower to pay additional \n                points and fees.\n            (2) Negative amortization.--For purposes of paragraph (1), \n        the term ``negative amortization'' does not include the \n        capitalization of delinquent interest and arrearages.\n            (3) Residential mortgage loan defined.--The term \n        ``residential mortgage loan'' means a loan that is secured by a \n        lien on an owner-occupied residential dwelling.\n            (4) Securitization vehicle.--The term ``securitization \n        vehicle'' means a trust, corporation, partnership, limited \n        liability entity, special purpose entity, or other structure \n        that--\n                    (A) is the issuer, or is created by the issuer, of \n                mortgage pass-through certificates, participation \n                certificates, mortgage-backed securities, or other \n                similar securities backed by a pool of assets that \n                includes residential mortgage loans; and\n                    (B) holds such loans.\n    (e) Effective Period.--This section shall apply only with respect \nto qualified loan modification or workout plans initiated prior to \nJanuary 1, 2011.","title":""}
+{"_id":"c17","text":"SECTION 1. ELIGIBILITY OF UNITED STATES NATIONALS FOR ADVANCED TRAINING \n              IN THE SENIOR RESERVE OFFICERS' TRAINING CORPS.\n\n    Section 2104(b) of title 10, United States Code, is amended--\n            (1) in paragraph (1), by inserting ``or national'' after \n        ``citizen'';\n            (2) at the end of paragraph (6), by striking ``and'';\n            (3) in paragraph (7), by striking the period and inserting \n        ``; and''; and\n            (4) by adding at the end the following:\n            ``(8) if he is a national but not a citizen of the United \n        States, agree in writing that he will--\n                    ``(A) if he is not a resident of a State (within \n                the meaning of chapter 2 of title III of the \n                Immigration and Nationality Act; 8 U.S.C. 1421-1459), \n                become a resident of a State (within such meaning) \n                before commencing the program for advanced training; \n                and\n                    ``(B) file an application for naturalization within \n                60 days after the later of--\n                            ``(i) the date that he meets the \n                        requirements for naturalization in section \n                        316(a)(1) of the Immigration and Nationality \n                        Act (8 U.S.C. 1436); or\n                            ``(ii) the date that he is accepted into \n                        the program for advanced training.''.\n\nSEC. 2. ELIGIBILITY OF UNITED STATES NATIONALS FOR FINANCIAL ASSISTANCE \n              AS MEMBERS OF THE SENIOR RESERVE OFFICERS' TRAINING \n              CORPS.\n\n    (a) General Financial Assistance Program.--Section 2107(b) of title \n10, United States Code, is amended--\n            (1) in paragraph (1), by inserting ``or national'' after \n        ``citizen'';\n            (2) at the end of paragraph (4), by striking ``and'';\n            (3) in paragraph (5), by striking the period and inserting \n        ``; and''; and\n            (4) by adding at the end the following:\n            ``(6) if he is a national but not a citizen of the United \n        States, agree in writing that he will--\n                    ``(A) if he is not a resident of a State (within \n                the meaning of chapter 2 of title III of the \n                Immigration and Nationality Act; 8 U.S.C. 1421-1459) \n                become a resident of a State (within such meaning) \n                before commencing the financial assistance program; and\n                    ``(B) file an application for naturalization within \n                60 days after the later of--\n                            ``(i) the date that he meets the \n                        requirements for naturalization in section \n                        316(a)(1) of the Immigration and Nationality \n                        Act (8 U.S.C. 1436); or\n                            ``(ii) the date that he is accepted into \n                        the financial assistance program.''.\n    (b) Army Reserve and Army National Guard Financial Assistance \nProgram.--Section 2107a(b) of title 10, United States Code, is \namended--\n            (1) in paragraph (1), by inserting ``or national'' after \n        ``citizen'';\n            (2) at the end of paragraph (5), by striking ``and'';\n            (3) in paragraph (6), by striking the period and inserting \n        ``; and''; and\n            (4) by adding at the end the following:\n            ``(7) if he is a national but not a citizen of the United \n        States, agree in writing that he will--\n                    ``(A) if he is not a resident of a State (within \n                the meaning of chapter 2 of title III of the \n                Immigration and Nationality Act; 8 U.S.C. 1421-1459), \n                become a resident of a State (within such meaning) \n                before commencing the financial assistance program; and\n                    ``(B) file an application for naturalization within \n                60 days after the later of--\n                            ``(i) the date that he meets the \n                        requirements for naturalization in section \n                        316(a)(1) of the Immigration and Nationality \n                        Act (8 U.S.C. 1436); or\n                            ``(ii) the date that he is accepted into \n                        the financial assistance program.''.\n\nSEC. 3. CONFORMING AMENDMENT.\n\n    Section 12102(b)(1) of title 10, United States Code, is amended--\n            (1) by striking ``or'' the first place such term appears;\n            (2) by inserting a comma after ``United States'' the first \n        place such term appears; and\n            (3) by inserting ``, or is a national of the United States \n        eligible (as provided in sections 2104(b), 2107(b), or 2107a(b) \n        of this title) for advanced training in, or financial \n        assistance as a member of, the Senior Reserve Officers' \n        Training Corps'' after the close parenthesis.","title":""}
+{"_id":"c170","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Employee Right to Choose Act of \n2003''.\n\nSEC. 2. STREAMLINING UNIONIZATION PROCESS.\n\n    The National Labor Relations Act (29 U.S.C. 151 et seq.) is \namended--\n            (1) in section 3(b), in the second sentence--\n                    (A) by striking ``and to'' and inserting ``to''; \n                and\n                    (B) by striking ``and certify the results \n                thereof,'' and inserting ``, and to make the \n                certifications provided for in section 9,'';\n            (2) in section 8--\n                    (A) in subsection (b)(7)(C), in the first proviso--\n                            (i) by striking ``the provisions of section \n                        9(c)(1) or''; and\n                            (ii) by striking ``direct an election in \n                        such unit as the Board finds to be appropriate \n                        and shall certify the results thereof'' and \n                        inserting ``process the petition in accordance \n                        with section 9(c)(1)''; and\n                    (B) by striking subsection (d) and inserting the \n                following:\n    ``(d) Collective Bargaining.--\n            ``(1) In general.--For the purposes of this section, to \n        bargain collectively is the performance of the mutual \n        obligation of the employer and the representative of the \n        employees to meet at reasonable times and confer in good faith \n        with respect to wages, hours, and other terms and conditions of \n        employment, or the negotiation of an agreement, or any question \n        arising thereunder, and the execution of a written contract \n        incorporating any agreement reached if requested by either \n        party, but such obligation does not compel either party to \n        agree to a proposal or require the making of a concession: \n        Provided, That where there is in effect a collective-bargaining \n        contract covering employees in an industry affecting commerce, \n        the duty to bargain collectively shall also mean that no party \n        to such contract shall terminate or modify such contract, \n        unless the party desiring such termination or modification--\n                    ``(A) serves a written notice upon the other party \n                to the contract of the proposed termination or \n                modification 60 days prior to the expiration date \n                thereof, or in the event such contract contains no \n                expiration date, 60 days prior to the time it is \n                proposed to make such termination or modification;\n                    ``(B) offers to meet and confer with the other \n                party for the purpose of negotiating a new contract or \n                a contract containing the proposed modifications;\n                    ``(C) notifies the Federal Mediation and \n                Conciliation Service within 30 days after such notice \n                of the existence of a dispute, and simultaneously \n                therewith notifies any State or Territorial agency \n                established to mediate and conciliate disputes within \n                the State or Territory where the dispute occurred, \n                provided no agreement has been reached by that time; \n                and\n                    ``(D) continues in full force and effect, without \n                resorting to strike or lock-out, all the terms and \n                conditions of the existing contract for a period of 60 \n                days after such notice is given or until the expiration \n                date of such contract, whichever occurs later:\n        The duties imposed upon employers, employees, and labor \n        organizations by subparagraphs (B), (C), and (D) shall become \n        inapplicable upon an intervening certification of the Board, \n        under which the labor organization or individual, which is a \n        party to the contract, has been superseded as or ceased to be \n        the representative of the employees subject to the provisions \n        of section 9(a), and the duties so imposed shall not be \n        construed as requiring either party to discuss or agree to any \n        modification of the terms and conditions contained in a \n        contract for a fixed period, if such modification is to become \n        effective before such terms and conditions can be reopened \n        under the provisions of the contract. Any employee who engages \n        in a strike within any notice period specified in this \n        subsection, or who engages in any strike within the appropriate \n        period specified in subsection (g), shall lose his status as an \n        employee of the employer engaged in the particular labor \n        dispute, for the purposes of sections 8, 9, and 10 of this Act, \n        as amended, but such loss of status for such employee shall \n        terminate if and when he is reemployed by such employer.\n            ``(2) Bargaining for employees of a health care \n        institution.--Whenever the collective bargaining involves \n        employees of a health care institution, the provisions of this \n        subsection shall be modified as follows:\n                    ``(A) The notice of paragraph (1)(A) shall be 90 \n                days; the notice of paragraph (1)(C) shall be 60 days; \n                and the contract period of paragraph (1)(D) shall be 90 \n                days.\n                    ``(B) Where the bargaining is for an initial \n                agreement following certification or recognition, at \n                least 30 days' notice of the existence of a dispute \n                shall be given by the labor organization to the \n                agencies set forth in paragraph (1)(C).\n                    ``(C) After notice is given to the Federal \n                Mediation and Conciliation Service under either clause \n                (A) or (B) of this sentence, the Service shall promptly \n                communicate with the parties and use its best efforts, \n                by mediation and conciliation, to bring them to \n                agreement. The parties shall participate fully and \n                promptly in such meetings as may be undertaken by the \n                Service for the purpose of aiding in a settlement of \n                the dispute.\n            ``(3) Bargaining for an initial agreement.--Whenever the \n        collective bargaining is for an initial agreement following \n        certification or recognition, the provisions of this subsection \n        shall be modified as follows:\n                    ``(A) Not later than 10 days after receiving a \n                written request for collective bargaining from an \n                individual or labor organization that has been newly \n                recognized or certified as a representative, as \n                described in section 9(a), or within such further \n                period as the parties agree upon, the parties shall \n                meet and commence to bargain collectively and shall \n                make every reasonable effort to conclude and sign a \n                collective bargaining agreement.\n                    ``(B) If after 180 days from the commencement of \n                bargaining, or such further period as the parties agree \n                upon, the parties have failed to reach an agreement, \n                either party may notify the Federal Mediation and \n                Conciliation Service of the existence of a dispute and \n                request mediation. Whenever such a request is received, \n                it shall be the duty of the Service promptly to put \n                itself in communication with the parties and to use its \n                best efforts, by mediation and conciliation, to bring \n                the parties to agreement.\n                    ``(C) If after 30 days from the request for \n                mediation, or such further period as the parties agree \n                upon, the Service is not able to bring the parties to \n                agreement by conciliation, the Service shall refer the \n                dispute to an arbitration board established in \n                accordance with such regulations as may be prescribed \n                by the Service. The arbitration panel shall render a \n                decision settling the dispute and such decision shall \n                be binding upon the parties for a period of 2 years, \n                unless amended during such period by written consent of \n                the parties.''; and\n            (3) in section 9--\n                    (A) by striking subsection (c) and inserting the \n                following:\n    ``(c) Hearings on Questions Affecting Commerce; Rules and \nRegulations.--\n            ``(1) In general.--Whenever a petition shall have been \n        filed, in accordance with such regulations as may be prescribed \n        by the Board--\n                    ``(A) by an employee or group of employees or any \n                individual or labor organization acting in their behalf \n                alleging that a substantial number of employees wish to \n                be represented for collective bargaining and that their \n                employer declines to recognize their representative as \n                the representative described in subsection (a); or\n                    ``(B) by an employer, alleging that an individual \n                or labor organization has presented to the employer a \n                claim to be recognized as the representative described \n                in subsection (a),\n        the Board shall investigate such petition and if the Board has \n        reasonable cause to believe that a question of representation \n        affecting commerce exists, shall provide for an appropriate \n        hearing upon due notice. Such hearing may be conducted by an \n        officer or employee of the regional office, who shall not make \n        any recommendations with respect thereto. If the Board finds \n        upon the record of such hearing that such a question of \n        representation exists, the Board shall direct an election by \n        secret ballot and shall certify the results thereof: Provided, \n        That if the Board finds that, as of the date of the filing of \n        the petition or such other date as the Board considers \n        appropriate, a majority of the employees in a unit appropriate \n        for collective bargaining have signed authorizations \n        designating the individual or labor organization specified in \n        the petition as their bargaining representative, and there is \n        no other individual or labor organization that has been so \n        designated by 30 percent or more of the employees, the Board \n        shall not direct an election but shall certify the individual \n        or labor organization as the representative described in \n        subsection (a).\n            ``(2) Individual or labor organization no longer \n        representative.--Whenever a petition shall have been filed, in \n        accordance with such regulations as may be prescribed by the \n        Board by an employee or group of employees or any individual or \n        labor organization acting in their behalf alleging that a \n        substantial number of employees assert that the individual or \n        labor organization, which has been certified or is being \n        currently recognized by their employer as the bargaining \n        representative, is no longer a representative as described in \n        subsection (a), the Board shall investigate such petition and \n        if the Board has reasonable cause to believe that a question of \n        representation affecting commerce exists shall provide for an \n        appropriate hearing upon due notice. Such hearing may be \n        conducted by an officer or employee of the regional office, who \n        shall not make any recommendations with respect thereto. If the \n        Board finds upon the record of such hearing that such a \n        question of representation exists, it shall direct an election \n        by secret ballot and shall certify the results thereof.\n            ``(3) Regulations and rules of decision.--In determining \n        whether or not a question of representation affecting commerce \n        exists, the same regulations and rules of decision shall apply \n        irrespective of the identity of the persons filing the petition \n        or the kind of relief sought and in no case shall the Board \n        deny a labor organization a place on the ballot by reason of an \n        order with respect to such labor organization or its \n        predecessor not issued in conformity with section 10(c).\n            ``(4) Limitation on election.--No election shall be \n        directed in any bargaining unit or any subdivision within \n        which, in the preceding 12-month period, a valid election shall \n        have been held, and no bargaining representative shall be \n        certified on the basis of a showing of majority support \n        obtained within the 12-month period following such an election. \n        Employees engaged in an economic strike who are not entitled to \n        reinstatement shall be eligible to vote under such regulations \n        as the Board shall find are consistent with the purposes and \n        provisions of this subchapter in any election conducted within \n        12 months after the commencement of the strike. In any election \n        where none of the choices on the ballot receives a majority, a \n        run-off shall be conducted, the ballot providing for a \n        selection between the 2 choices receiving the largest and \n        second largest number of valid votes cast in the election.\n            ``(5) Rule of construction.--Nothing in this section shall \n        be construed to prohibit the waiving of hearings by stipulation \n        for the purpose of a consent election in conformity with \n        regulations and rules of decision of the Board.\n            ``(6) Determination of appropriate unit.--In determining \n        whether a unit is appropriate for the purposes specified in \n        subsection (b), the extent to which the employees have \n        organized shall not be controlling.\n            ``(7) Guidelines and procedures.--The Board shall develop \n        guidelines and procedures for the designation by employees of a \n        bargaining representative as described in subsection (a). Such \n        guidelines and procedures shall include--\n                    ``(A) model collective bargaining authorization \n                language that may be used for purposes of making the \n                designations described in paragraph (1); and\n                    ``(B) procedures to be used by the Board to \n                establish the authenticity of signed authorizations \n                designating bargaining representatives.''; and\n                    (B) by striking subsection (e).\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is \namended--\n            (1) in subsection (a)(3)(ii), by striking ``section 9(e)'' \n        and inserting ``section 9(c)(1)''; and\n            (2) in subsection (f), by striking ``9(e)'' and inserting \n        ``9(c)(1)''.","title":""}
+{"_id":"c171","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Employment Non-Discrimination Act of \n1995''.\n\nSEC. 2. DISCRIMINATION PROHIBITED.\n\n    A covered entity, in connection with employment or employment \nopportunities, shall not--\n            (1) subject an individual to different standards or \n        treatment on the basis of sexual orientation,\n            (2) discriminate against an individual based on the sexual \n        orientation of persons with whom such individual is believed to \n        associate or to have associated, or\n            (3) otherwise discriminate against an individual on the \n        basis of sexual orientation.\n\nSEC. 3. BENEFITS.\n\n    This Act does not apply to the provision of employee benefits to an \nindividual for the benefit of his or her partner.\n\nSEC. 4. NO DISPARATE IMPACT.\n\n    The fact that an employment practice has a disparate impact, as the \nterm ``disparate impact'' is used in section 703(k) of the Civil Rights \nAct of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation \ndoes not establish a prima facie violation of this Act.\n\nSEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.\n\n    (a) Quotas.--A covered entity shall not adopt or implement a quota \non the basis of sexual orientation.\n    (b) Preferential Treatment.--A covered entity shall not give \npreferential treatment to an individual on the basis of sexual \norientation.\n\nSEC. 6. RELIGIOUS EXEMPTION.\n\n    (a) In General.--Except as provided in subsection (b), this Act \nshall not apply to religious organizations.\n    (b) For-Profit Activities.--This Act shall apply with respect to \nemployment and employment opportunities that relate to any employment \nposition that pertains solely to a religious organization's for-profit \nactivities subject to taxation under section 511(a) of the Internal \nRevenue Code of 1986.\n\nSEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' \n              PREFERENCES.\n\n    (a) Armed Forces.--(1) For purposes of this Act, the term \n``employment or employment opportunities'' does not apply to the \nrelationship between the United States and members of the Armed Forces.\n    (2) As used in paragraph (1), the term ``Armed Forces'' means the \nArmy, Navy, Air Force, Marine Corps, and Coast Guard.\n    (b) Veterans' Preferences.--This Act does not repeal or modify any \nFederal, State, territorial, or local law creating special rights or \npreferences for veterans.\n\nSEC. 8. ENFORCEMENT.\n\n    (a) Enforcement Powers.--With respect to the administration and \nenforcement of this Act in the case of a claim alleged by an individual \nfor a violation of this Act--\n            (1) the Commission shall have the same powers as the \n        Commission has to administer and enforce--\n                    (A) title VII of the Civil Rights Act of 1964 (42 \n                U.S.C. 2000e et seq.), or\n                    (B) sections 302, 303, and 304 of the Government \n                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, \n                1204),\n        in the case of a claim alleged by such individual for a \n        violation of such title or of section 302(a)(1) of such Act, \n        respectively,\n            (2) the Librarian of Congress shall have the same powers as \n        the Librarian of Congress has to administer and enforce title \n        VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) \n        in the case of a claim alleged by such individual for a \n        violation of such title,\n            (3) the Board (as defined in section 101 of the \n        Congressional Accountability Act of 1995 (Public Law 104-1; 109 \n        Stat. 3) shall have the same powers as the Board has to \n        administer and enforce the Congressional Accountability Act of \n        1995 in the case of a claim alleged by such individual for a \n        violation of section 201(a)(1) of such Act,\n            (4) the Attorney General of the United States shall have \n        the same powers as the Attorney General has to administer and \n        enforce--\n                    (A) title VII of the Civil Rights Act of 1964 (42 \n                U.S.C. 2000e et seq.), or\n                    (B) sections 302, 303, and 304 of the Government \n                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, \n                1204),\n        in the case of a claim alleged by such individual for a \n        violation of such title or of section 302(a)(1) of such Act, \n        respectively, and\n            (5) the courts of the United States shall have the same \n        jurisdiction and powers as such courts have to enforce--\n                    (A) title VII of the Civil Rights Act of 1964 (42 \n                U.S.C. 2000e et seq.) in the case of a claim alleged by \n                such individual for a violation of such title,\n                    (B) sections 302, 303, and 304 of the Government \n                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) \n                in the case of a claim alleged by such individual for a \n                violation of section 302(a)(1) of such Act, and\n                    (C) the Congressional Accountability Act of 1995 \n                (Public Law 104-1; 109 Stat. 3) in the case of a claim \n                alleged by such individual for a violation of section \n                201(a)(1) of such Act.\n    (b) Procedures and Remedies.--The procedures and remedies \napplicable to a claim alleged by an individual for a violation of this \nAct are--\n            (1) the procedures and remedies applicable for a violation \n        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e \n        et seq.) in the case of a claim alleged by such individual for \n        a violation of such title,\n            (2) the procedures and remedies applicable for a violation \n        of section 302(a)(1) of the Government Employee Rights Act of \n        1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by \n        such individual for a violation of such section, and\n            (3) the procedures and remedies applicable for a violation \n        of section 201(a)(1) of Congressional Accountability Act of \n        1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim \n        alleged by such individual for a violation of such section.\n    (c) Other Applicable Provisions.--With respect to claims alleged by \ncovered employees (as defined in section 101 of the Congressional \nAccountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for \nviolations of this Act, title III of the Congressional Accountability \nAct of 1995 shall apply in the same manner as such title applies with \nrespect to a claims alleged by such covered employees for violations of \nsection 201(a)(1) of such Act.\n\nSEC. 9. STATE AND FEDERAL IMMUNITY.\n\n    (a) State Immunity.--A State shall not be immune under the eleventh \narticle of amendment to the Constitution of the United States from an \naction in a Federal court of competent jurisdiction for a violation of \nthis Act. In an action against a State for a violation of this Act, \nremedies (including remedies at law and in equity) are available for \nthe violation to the same extent as such remedies are available in an \naction against any public or private entity other than a State.\n    (b) Liability of the United States.--The United States shall be \nliable for all remedies (excluding punitive damages) under this Act to \nthe same extent as a private person and shall be liable to the same \nextent as a nonpublic party for interest to compensate for delay in \npayment.\n\nSEC. 10. ATTORNEYS' FEES.\n\n    In any action or administrative proceeding commenced pursuant to \nthis Act, the court or the Commission, in its discretion, may allow the \nprevailing party, other than the United States, a reasonable attorney's \nfee, including expert fees and other litigation expenses, and costs. \nThe United States shall be liable for the foregoing the same as a \nprivate person.\n\nSEC. 11. RETALIATION AND COERCION PROHIBITED.\n\n    (a) Retaliation.--A covered entity shall not discriminate against \nan individual because such individual opposed any act or practice \nprohibited by this Act or because such individual made a charge, \nassisted, testified, or participated in any manner in an investigation, \nproceeding, or hearing under this Act.\n    (b) Coercion.--A person shall not coerce, intimidate, threaten, or \ninterfere with any individual in the exercise or enjoyment of, or on \naccount of his or her having exercised, enjoyed, assisted, or \nencouraged the exercise or enjoyment of, any right granted or protected \nby this Act.\n\nSEC. 12. POSTING NOTICES.\n\n    A covered entity shall post notices for employees, applicants for \nemployment, and members describing the applicable provisions of this \nAct in the manner prescribed by, and subject to the penalty provided \nunder, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-\n10).\n\nSEC. 13. REGULATIONS.\n\n    The Commission shall have authority to issue regulations to carry \nout this Act.\nSEC. 14. RELATIONSHIP TO OTHER LAWS.\n\n    This Act shall not invalidate or limit the rights, remedies, or \nprocedures available to an individual claiming discrimination \nprohibited under any other Federal law or any law of a State or \npolitical subdivision of a State.\n\nSEC. 15. SEVERABILITY.\n\n    If any provision of this Act, or the application of such provision \nto any person or circumstance, is held to be invalid, the remainder of \nthis Act and the application of such provision to other persons or \ncircumstances shall not be affected thereby.\n\nSEC. 16. EFFECTIVE DATE.\n\n    This Act shall take effect 60 days after the date of the enactment \nof this Act and shall not apply to conduct occurring before such \neffective date.\n\nSEC. 17. DEFINITIONS.\n\n    As used in this Act:\n            (1) The term ``Commission'' means the Equal Employment \n        Opportunity Commission.\n            (2) The term ``covered entity'' means an employer, \n        employment agency, labor organization, joint labor management \n        committee, an entity to which section 717(a) of the Civil \n        Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing \n        authority to which section 302(a)(1) of the Government Employee \n        Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an \n        employing authority to which section 201(a) of the \n        Congressional Accountability Act of 1995 (Public Law 104-1; 109 \n        Stat. 3) applies.\n            (3) The term ``employer'' has the meaning given such term \n        in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. \n        2000e(b)).\n            (4) The term ``employment agency'' has the meaning given \n        such term in section 701(c) of the Civil Rights Act of 1964 (42 \n        U.S.C. 2000e(c)).\n            (5) The term ``employment or employment opportunities'' \n        includes job application procedures, hiring, advancement, \n        discharge, compensation, job training, or any other term, \n        condition, or privilege of employment.\n            (6) The term ``labor organization'' has the meaning given \n        such term in section 701(d) of the Civil Rights Act of 1964 (42 \n        U.S.C. 2000e(d)).\n            (7) The term ``person'' has the meaning given such term in \n        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. \n        2000e(a)).\n            (8) The term ``religious organization'' means--\n                    (A) a religious corporation, association, or \n                society, or\n                    (B) a college, school, university, or other \n                educational institution, not otherwise a religious \n                organization, if--\n                            (i) it is in whole or substantial part \n                        controlled, managed, owned, or supported by a \n                        religious corporation, association, or society, \n                        or\n                            (ii) its curriculum is directed toward the \n                        propagation of a particular religion.\n            (9) The term ``sexual orientation'' means homosexuality, \n        bisexuality, or heterosexuality, whether such orientation is \n        real or perceived.\n            (10) The term ``State'' has the meaning given such term in \n        section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. \n        2000e(i)).","title":""}
+{"_id":"c172","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Endangered Species Community \nAdvisory Board Act of 1995''.\n\nSEC. 2. AUTHORITY TO ESTABLISH COMMUNITY ADVISORY BOARDS UNDER \n              ENDANGERED SPECIES ACT OF 1973.\n\n    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is \namended by adding at the end the following new section:\n\n                      ``community advisory boards\n\n    ``Sec. 19. (a) Establishment.--(1) The Secretary shall establish an \nEndangered Species Community Advisory Board (in this section referred \nto as a `community advisory board') in connection with the designation \nof an area under this Act as critical habitat or as a National Wildlife \nRefuge.\n    ``(2) Each community advisory board--\n            ``(A) shall be comprised of 12 members appointed by the \n        Secretary from among individuals recommended by the Governor of \n        the State in which is located the area for which the advisory \n        board is established; and\n            ``(B) shall have as its chairperson a member of the \n        advisory board who is an elected official of a local government \n        in that area and who is designated as chairperson by the \n        Secretary.\n    ``(3) The term of a member of a community advisory board shall be 4 \nyears, except that of the members first appointed--\n            ``(A) 3 shall be appointed for an initial term of 1 year;\n            ``(B) 3 shall be appointed for an initial term of 2 years; \n        and\n            ``(C) 3 shall be appointed for an initial term of 3 years;\nas specified by the Secretary at the time of appointment.\n    ``(4) Individuals who are Federal employees may not comprise a \nmajority of the total number of members of a community advisory board.\n    ``(5) The Secretary shall prescribe regulations regarding the \nestablishment, characteristics, composition, and funding of community \nadvisory boards. However, the issuance of regulations shall not be a \nprecondition to the establishment of a community advisory board or \naffect the existence or operation of a community advisory board \nestablished before the effective date of this section.\n    ``(6) The Secretary may provide for the payment of routine \nadministrative expenses of a community advisory board established for \nan area from funds available for activities relating to study of the \narea to determine whether to designate the area as critical habitat or \nas a National Wildlife Refuge.\n    ``(b) Assistance for Citizen Participation.--(1) Subject to the \navailability of appropriations, the Secretary shall make available \nfunds to facilitate the participation of individuals from the private \nsector on community advisory boards for the purpose of ensuring public \ninput into the designation of areas as critical habitat or National \nWildlife Refuges.\n    ``(2) The private individuals who are members of a community \nadvisory board are eligible for funding assistance under this \nsubsection only if they reside in the vicinity of the area for which \nthe community advisory board is established. For accounting and \nfinancial management purposes, such funds shall be paid to and \nadministered by the community advisory board on which the private \nindividuals are members, subject to paragraph (3).\n    ``(3) Individuals who are local community members of a community \nadvisory board may use funds made available under this paragraph only--\n            ``(A) to obtain technical assistance of experts in \n        interpreting scientific data, material, and issues regarding \n        protection of endangered species; and\n            ``(B) to educate the local community in understanding such \n        data, material, and issues.\n    ``(c) Consultation by Secretary.--If a community advisory board is \nestablished for an area, the Secretary, before designating any of the \narea under this Act as critical habitat or as a National Wildlife \nRefuge, shall--\n            ``(1) consult with and seek the advice and recommendations \n        of the board regarding--\n                    ``(A) identifying the needs and concerns of the \n                affected local community and individual landowners;\n                    ``(B) monitoring scientific studies and surveys \n                used to determine the need for designation of the area \n                as critical habitat or a National Wildlife Refuge, \n                before that designation; and\n                    ``(C) addressing land use strategies and \n                management; and\n            ``(2) publish recommendations received from the board \n        within 180 days after the date the Secretary initiates \n        consultation under paragraph (1).\n    ``(d) Monitoring and Reporting by Community Advisory Boards.--Each \ncommunity advisory board shall, with respect to critical habitat or a \nNational Wildlife Refuge for which it was established--\n            ``(1) monitor and periodically report to the Secretary on \n        progress made in the conservation and recovery of species for \n        which that critical habitat or Refuge was designated; and\n            ``(2) periodically review and report to the Secretary \n        regarding the continued accuracy and sufficiency of the \n        scientific findings that were the basis of that designation.\n    ``(e) State Defined.--Notwithstanding section 3(17), in this \nsection the term `State' means any of the several States, the District \nof Columbia, the Commonwealth of Puerto Rico, American Samoa, the \nVirgin Islands, Guam, and the Commonwealth of the Northern Mariana \nIslands.''.","title":""}
+{"_id":"c173","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Energy Conservation Opportunity Fund \nAct of 2008'' or the ``ECO Fund Act of 2008''.\n\nSEC. 2. REVOLVING FUND FOR LOANS TO STATES AND INDIAN TRIBES TO CARRY \n              OUT RENEWABLE ENERGY SOURCES ACTIVITIES.\n\n    (a) Establishment of Fund.--There is established in the Treasury of \nthe United States a revolving fund, to be known as the ``Alternative \nEnergy Sources State Revolving Fund''.\n    (b) Credits.--The Fund shall be credited with--\n            (1) any amounts appropriated to the Fund pursuant to \n        subsection (g);\n            (2) any amounts of principal and interest from loan \n        repayments received by the Secretary pursuant to subsection \n        (d)(7); and\n            (3) any interest earned on investments of amounts in the \n        Fund pursuant to subsection (e).\n    (c) Expenditures.--\n            (1) In general.--Subject to paragraph (2), on request by \n        the Secretary of Housing and Urban Development, the Secretary \n        of the Treasury shall transfer from the Fund to the Secretary \n        such amounts as the Secretary determines are necessary to \n        provide loans under subsection (d)(1).\n            (2) Administrative expenses.--Of the amounts in the Fund, \n        not more than 5 percent shall be available for each fiscal year \n        to pay the administrative expenses of the Department of Housing \n        and Urban Development to carry out this section.\n    (d) Loans to States and Indian Tribes.--\n            (1) In general.--The Secretary shall use amounts in the \n        Fund to provide loans to States and Indian tribes to provide \n        incentives to owners of single-family and multifamily housing, \n        commercial properties, and public buildings to provide--\n                    (A) renewable energy sources for such structures, \n                such as wind, wave, solar, biomass, or geothermal \n                energy sources, including incentives to companies and \n                business to change their source of energy to such \n                renewable energy sources and for changing the sources \n                of energy for public buildings to such renewable energy \n                sources;\n                    (B) energy efficiency and energy conserving \n                improvements and features for such structures; or\n                    (C) infrastructure related to the delivery of \n                electricity and hot water for structures lacking such \n                amenities.\n            (2) Eligibility.--To be eligible to receive a loan under \n        this subsection, a State or Indian tribe, through an \n        appropriate State or tribal agency, shall submit to the \n        Secretary an application at such time, in such manner, and \n        containing such information as the Secretary may require.\n            (3) Criteria for approval.--The Secretary may approve an \n        application of a State or Indian tribe under paragraph (2) only \n        if the Secretary determines that the State or tribe will use \n        the funds from the loan under this subsection to carry out a \n        program to provide incentives described in paragraph (1) that--\n                    (A) requires that any such renewable energy \n                sources, and energy efficiency and energy conserving \n                improvements and features, developed pursuant to \n                assistance under the program result in compliance of \n                the structure so improved with the energy efficiency \n                requirements under section 2(a) of the; and\n                    (B) includes such compliance and audit requirements \n                as the Secretary determines are necessary to ensure \n                that the program is operated in a sound and effective \n                manner.\n            (4) Preference.--In making loans during each fiscal year, \n        the Secretary shall give preference to States and Indian tribes \n        that have not previously received a loan under this subsection.\n            (5) Maximum amount.--The aggregate outstanding principal \n        amount from loans under this subsection to any single State or \n        Indian tribe may not exceed $500,000,000.\n            (6) Loan terms.--Each loan under this subsection shall have \n        a term to maturity of not more than 10 years and shall bear \n        interest at annual rate, determined by the Secretary, that \n        shall not exceed interest rate charged by the Federal Reserve \n        Bank of New York to commercial banks and other depository \n        institutions for very short-term loans under the primary credit \n        program, as most recently published in the Federal Reserve \n        Statistical Release on selected interest rates (daily or \n        weekly), and commonly referred to as the H.15 release, \n        preceding the date of a determination for purposes of applying \n        this paragraph.\n            (7) Loan repayment.--The Secretary shall require full \n        repayment of each loan made under this section.\n    (e) Investment of Amounts.--\n            (1) In general.--The Secretary of the Treasury shall invest \n        such amounts in the Fund that are not, in the judgment of the \n        Secretary of the Treasury, required to meet needs for current \n        withdrawals.\n            (2) Obligations of united states.--Investments may be made \n        only in interest-bearing obligations of the United States.\n    (f) Reports.--\n            (1) Reports to secretary.--For each year during the term of \n        a loan made under subsection (d), the State or Indian tribe \n        that received the loan shall submit to the Secretary a report \n        describing the State or tribal alternative energy sources \n        program for which the loan was made and the activities \n        conducted under the program using the loan funds during that \n        year.\n            (2) Report to congress.--Not later than September 30 of \n        each year that loans made under subsection (d) are outstanding, \n        the Secretary shall submit a report to the Congress describing \n        the total amount of such loans provided under subsection (d) to \n        each eligible State and Indian tribe during the fiscal year \n        ending on such date, and an evaluation on effectiveness of the \n        Fund.\n    (g) Authorization of Appropriations.--There is authorized to be \nappropriated to the Fund $5,000,000,000.\n    (h) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n            (1) Indian tribe.--The term ``Indian tribe'' has the \n        meaning given such term in section 4 of the Native American \n        Housing Assistance and Self-Determination Act of 1996 (25 \n        U.S.C. 4103).\n            (2) Secretary.--The term ``Secretary'' means the Secretary \n        of Housing and Urban Development.\n            (3) State.--The term ``State'' means each of the several \n        States, the Commonwealth of Puerto Rico, the District of \n        Columbia, the Commonwealth of the Northern Mariana Islands, \n        Guam, the Virgin Islands, American Samoa, the Trust Territories \n        of the Pacific, or any other possession of the United States.","title":""}
+{"_id":"c174","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Enhanced Emergency and Enforcement \nAuthority Act''.\n\nSEC. 2. EMERGENCY ORDERS RELATED TO COMPLIANCE DURING AN EMERGENCY.\n\n    Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C. \n78l(k) is amended--\n            (1) in paragraph (2)(A)(iii)--\n                    (A) in subclause (I), by striking ``; or'' and \n                inserting a semicolon;\n                    (B) in subclause (II), by striking the period and \n                inserting ``; or''; and\n                    (C) by inserting after subclause (II) the \n                following:\n                                    ``(III) the ability of investors, \n                                issuers, brokers or dealers, transfer \n                                agents, investment advisers, or other \n                                market participants to conduct \n                                securities activities or comply with \n                                filing, reporting, delivery, or other \n                                obligations under the securities laws \n                                in a timely, orderly, or efficient \n                                manner.''; and\n            (2) in paragraph (7)(A)(ii)--\n                    (A) in subclause (I), by striking ``; or'' and \n                inserting a semicolon;\n                    (B) in subclause (II), by striking ``; and'' and \n                inserting ``; or''; and\n                    (C) by inserting after subclause (II) the \n                following:\n                                    ``(III) the ability of investors, \n                                issuers, brokers or dealers, transfer \n                                agents, investment advisers, or other \n                                market participants to conduct \n                                securities activities or comply with \n                                filing, reporting, delivery, or other \n                                obligations under the securities laws \n                                in a timely, orderly, or efficient \n                                manner; and''.\n\nSEC. 3. NATIONWIDE SERVICE OF PROCESS.\n\n    (a) Securities Act of 1933.--Section 22(a) of the Securities Act of \n1933 (15 U.S.C. 77v(a)) is amended by inserting after the second \nsentence the following: ``In any action or proceeding instituted by the \nCommission under this title in a United States district court for any \njudicial district, subpoenas issued by or on behalf of such court to \ncompel the attendance of witnesses or the production of documents or \ntangible things (or both) may be served in any other district. Such \nsubpoenas may be served and enforced without application to the court \nor a showing of cause, notwithstanding the provisions of rule 45(b)(2), \n(c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules of Civil \nProcedure.''.\n    (b) Securities Exchange Act of 1934.--Section 27 of the Securities \nExchange Act of 1934 (15 U.S.C. 78aa) is amended by inserting after the \nthird sentence the following: ``In any action or proceeding instituted \nby the Commission under this title in a United States district court \nfor any judicial district, subpoenas issued by or on behalf of such \ncourt to compel the attendance of witnesses or the production of \ndocuments or tangible things (or both) may be served in any other \ndistrict. Such subpoenas may be served and enforced without application \nto the court or a showing of cause, notwithstanding the provisions of \nrule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the Federal Rules \nof Civil Procedure.''.\n    (c) Investment Company Act of 1940.--Section 44 of the Investment \nCompany Act of 1940 (15 U.S.C. 80a-43) is amended by inserting after \nthe fourth sentence the following: ``In any action or proceeding \ninstituted by the Commission under this title in a United States \ndistrict court for any judicial district, subpoenas issued by or on \nbehalf of such court to compel the attendance of witnesses or the \nproduction of documents or tangible things (or both) may be served in \nany other district. Such subpoenas may be served and enforced without \napplication to the court or a showing of cause, notwithstanding the \nprovisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the \nFederal Rules of Civil Procedure.''.\n    (d) Investment Advisers Act of 1940.--Section 214 of the Investment \nAdvisers Act of 1940 (15 U.S.C. 80b-14) is amended by inserting after \nthe third sentence the following: ``In any action or proceeding \ninstituted by the Commission under this title in a United States \ndistrict court for any judicial district, subpoenas issued by or on \nbehalf of such court to compel the attendance of witnesses or the \nproduction of documents or tangible things (or both) may be served in \nany other district. Such subpoenas may be served and enforced without \napplication to the court or a showing of cause, notwithstanding the \nprovisions of rule 45(b)(2), (c)(3)(A)(ii), and (c)(3)(B)(iii) of the \nFederal Rules of Civil Procedure.''.","title":""}
+{"_id":"c175","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Enhancing Military and Police \nOperations through Women's Engagement and Recruitment Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) The United States National Action Plan On Women, Peace \n        and Security expresses the unqualified commitment of the United \n        States to integrating women's perspectives fully into our \n        diplomatic, defense, and development efforts not simply as \n        beneficiaries, but as agents of peace, security, \n        reconciliation, development, growth, and stability. The plan \n        also specifies the following priorities:\n                    (A) Providing assistance to support women's \n                participation, integration, and leadership in the \n                security sector.\n                    (B) Working with partner nations to increase \n                women's participation in United States-funded training \n                programs for foreign police, judicial, and military \n                personnel, including professional military education, \n                as well as exchange programs, conferences, and \n                seminars.\n                    (C) Utilizing the participation of female members \n                of the United States Armed Forces to encourage and \n                model gender integration in the armed forces of partner \n                nations.\n            (2) The Department of State's 2015 Quadrennial Diplomacy \n        and Development Review states that--\n                    (A) the United States is promoting initiatives \n                based on the unique roles that women and girls play in \n                preventing and responding to conflict; and\n                    (B) gender equality is a core element in policy \n                development, strategy and budget planning, policy and \n                program implementation, management and training, and \n                monitoring and evaluation of results.\n            (3) United States security sector assistance is a key \n        engagement tool with our foreign partners. Security sector \n        assistance helps further United States interests by seeking to \n        professionalize and develop the police and militaries of our \n        foreign partners, shaping the security sector policies of \n        foreign governments, and building sustainable and legitimate \n        institutions to provide security and justice and respond to the \n        needs of populations. Security sector assistance can also \n        support broad United States policy goals, including respect for \n        human rights, civilian control of the military, and the rule of \n        law.\n            (4) To support these efforts, the United States Department \n        of State provides funding for a number of training programs for \n        military forces, police and other security forces, and \n        international peacekeeping operations.\n            (5) Women are underrepresented in security forces \n        worldwide. For instance, in South Asia--\n                    (A) women make up less than 1 percent of Pakistan's \n                total police force;\n                    (B) women make up less than 5 percent of \n                Bangladesh's total police force; and\n                    (C) women make up less than 7 percent of India's \n                total police force.\n            (6) As demonstrated by United States Female Engagement \n        Teams deployed to Afghanistan, female soldiers can enhance the \n        operational effectiveness of security operations and gather \n        information and provide access to local populations that all-\n        male units cannot engage or search.\n            (7) Female military and police can provide critical \n        contributions to security. For Afghanistan's 2014 presidential \n        elections, Afghanistan's Ministry of Interior recruited and \n        trained 13,000 females to provide security and conduct searches \n        of women at checkpoints and polling stations. Female police \n        facilitated the participation of women in elections.\n            (8) The International Military Education and Training \n        (IMET) program, funded by the United States Department of \n        State, provides professional military training for the future \n        leaders of our foreign partners, enhances interoperability with \n        the United States Armed Forces, builds relationships among \n        international and United States military students, and conveys \n        United States customs and cultural norms.\n            (9) Of the 141 countries that received IMET funding from \n        Fiscal Year 2011 through Fiscal Year 2015, only approximately 7 \n        percent of IMET program participants from those countries were \n        women.\n            (10) United States international police training programs \n        that are specifically focused on women have proven effective in \n        recruiting and retaining women. In Lebanon, for instance, a \n        Department of State-funded basic cadet course for women was \n        instrumental in helping Lebanon's Internal Security Forces \n        increase the number of police officers from two to 610.\n            (11) United States security assistance for peacekeeping \n        builds the capabilities of our partner countries, increases the \n        number of military and police personnel available for \n        deployment to support peace operations, and facilitates the \n        logistical support and deployment of units to peace operations.\n            (12) Studies demonstrate that the inclusion of higher \n        proportions of female peacekeepers is associated with fewer \n        allegations of sexual abuse and exploitation, as is the \n        inclusion of personnel from countries with better records of \n        gender equality.\n            (13) Female peacekeepers are uniquely capable of assisting \n        female survivors of sexual violence. Reports demonstrate that \n        victims are more likely to report incidents of abuse to women \n        in the police or military. In Liberia, the presence of a female \n        Indian peacekeeping unit increased reporting of sexual abuse \n        and encouraged the recruitment of women to the national police.\n            (14) Despite the recognition of the importance of \n        increasing the number of women in peacekeeping operations, \n        according to the United Nations, as of February 2016--\n                    (A) women comprised only 3 percent of total \n                military forces deployed to peacekeeping missions; and\n                    (B) women comprised only 9 percent of total police \n                forces deployed to peacekeeping missions.\n            (15) The Global Peace Operations Initiative is a United \n        States security assistance program to train, deploy, and build \n        the capacity of peacekeepers worldwide. Through the Global \n        Peace Operations Initiative, the United States has worked to \n        increase the participation of female peacekeepers in United \n        Nations operations. With dedicated United States assistance, \n        over the last five years, the countries that received \n        assistance under the Global Peace Operations Initiative nearly \n        doubled the number of deployed female military peacekeepers \n        from 1,396 to 2,539. Of the countries that received assistance \n        under the Global Peace Operations Initiative that deploy \n        personnel to peacekeeping missions, as of January 2016--\n                    (A) women comprised approximately 4 percent of \n                total military forces deployed to peace operations; and\n                    (B) women comprised approximately 7 percent of \n                formed police units and 10 percent of total police \n                forces deployed to peace operations.\n\nSEC. 3. STATEMENT OF POLICY.\n\n    It is the policy of the United States--\n            (1) to recognize and respond to the significant shortage of \n        women at all levels in foreign military and police forces;\n            (2) to prioritize the identification, engagement, and \n        support of women leaders at all levels in foreign security \n        sectors;\n            (3) to increase the recruitment, retention, \n        professionalization, and promotion of women in foreign security \n        sectors, specifically in the military and police forces;\n            (4) to promote the meaningful inclusion and deployment of \n        women in security operations; and\n            (5) to enhance and expand United States training \n        opportunities for women at all levels in foreign militaries and \n        police forces.\n\nSEC. 4. FOREIGN MILITARY EXCHANGES.\n\n    The Department of State, in coordination with the Department of \nDefense, shall seek to increase the participation of women receiving \ntraining under the International Military Education and Training \nprogram at United States military schools and training institutions, \nwith the goal of doubling female participation in such programs \nglobally by September 30, 2019.\n\nSEC. 5. COUNTERING TERRORISM AND VIOLENT EXTREMISM.\n\n    (a) In General.--The Department of State shall seek to increase the \nparticipation of women receiving training under the Department of \nState's Anti-Terrorism Assistance (ATA) programs, with the goal of \ndoubling the total women receiving such training by September 30, 2019.\n    (b) Mandate.--The Department of State shall make explicit in its \nmandate for ATA programs its priority to increase the participation of \nwomen.\n\nSEC. 6. PEACEKEEPING OPERATIONS.\n\n    (a) In General.--The Department of State shall work with partner \ncountries receiving peacekeeping training assistance to prioritize the \nintegration, training, and deployment of qualified female peacekeepers \nin peace operations. The Department of State shall work with partner \ncountries receiving peacekeeping training assistance to prioritize the \nemployment, development, and integration of female peacekeeping \ntrainers.\n    (b) United Nations Peacekeeping Missions.--Through the United \nStates Mission to the United Nations, the Department of State shall \npromote an increase in the recruitment, retention, and leadership roles \nof female personnel assigned to United Nations peacekeeping missions.\n    (c) Increased Deployment of Female Peacekeepers.--The Department of \nState may work with partner countries receiving United States \npeacekeeping training assistance to double the number of qualified \nwomen deployed to peace operations not later than 5 years after the \ndate of the enactment of this Act.\n\nSEC. 7. LAW ENFORCEMENT.\n\n    (a) Participation Requirement.--The Department of State shall \nestablish female participation requirements for its police training \nprograms and work with partner countries to ensure that women account \nfor not less than 10 percent of nominees for United States-funded \npolice training programs.\n    (b) Communication of Requirement.--The Department shall make \nexplicit its priority to increase the participation of women in the \ndesign and implementation of all police training programs.\n\nSEC. 8. MONITORING AND EVALUATION.\n\n    The Secretary of State, the Secretary of Defense, and \nrepresentatives of other relevant Federal agencies and departments, as \nappropriate, shall develop a plan for the monitoring and independent \nevaluation of programs, projects, and activities carried out under this \nAct.\n\nSEC. 9. REPORTING REQUIREMENTS.\n\n    (a) In General.--The Secretary of State, in conjunction with the \nSecretary of Defense, shall designate appropriate officials to brief \nthe appropriate congressional committees, not later than 1 year after \nthe date of the enactment of this Act, on--\n            (1) the existing, enhanced, and newly established training \n        carried out pursuant to this Act;\n            (2) diplomatic actions undertaken to promote the targets \n        set forth in this Act;\n            (3) the guidelines established for overseas United States \n        diplomatic and military personnel to engage with foreign \n        counterparts pursuant to this Act;\n            (4) progress towards the targets set forth in this Act; and\n            (5) actions to address the structural and systemic barriers \n        to women's recruitment, retention, and professionalization for \n        the largest recipients of United States security sector \n        assistance.\n    (b) Appropriate Congressional Committees Defined.--In this section, \nthe term ``appropriate congressional committees'' means--\n            (1) the Committee on Foreign Relations, the Committee on \n        Armed Services, and the Committee on Appropriations of the \n        Senate; and\n            (2) the Committee on Foreign Affairs, the Committee on \n        Armed Services, and the Committee on Appropriations of the \n        House of Representatives.","title":""}
+{"_id":"c176","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Enhancing Renewable Energy \nInvestment Act''.\n\nSEC. 2. INCREASE OF ENERGY CREDIT FOR EQUIPMENT USED TO GENERATE \n              ELECTRICITY BY GEOTHERMAL POWER.\n\n    (a) In General.--Clause (i) of section 48(a)(2)(A) of the Internal \nRevenue Code of 1986 is amended--\n            (1) in subclause (III), by striking ``and''; and\n            (2) by adding at the end the following:\n                                    ``(V) energy property described in \n                                paragraph (3)(A)(iii), but only with \n                                respect to periods ending before \n                                January 1, 2017, and''.\n    (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.\n\nSEC. 3. EXTENSION OF SPECIFIED ENERGY PROPERTY GRANTS IN LIEU OF \n              CREDIT.\n\n    (a) In General.--Subsection (a) of section 1603 of the American \nRecovery and Reinvestment Tax Act of 2009 is amended by striking \n``unless such property--'' and all that follows through the period at \nthe end and inserting the following: ``unless such property is placed \nin service before the credit termination date with respect to such \nproperty.''.\n    (b) Effective Date.--The amendment made by this section shall apply \nto grants made after the date of the enactment of this Act.\n\nSEC. 4. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX INDIFFERENT \n              PARTIES.\n\n    (a) In General.--Subpart B of part II of subchapter E of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 457 the following new section:\n\n``SEC. 457A. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX \n              INDIFFERENT PARTIES.\n\n    ``(a) In General.--Any compensation which is deferred under a \nnonqualified deferred compensation plan of a nonqualified entity shall \nbe includible in gross income when there is no substantial risk of \nforfeiture of the rights to such compensation.\n    ``(b) Nonqualified Entity.--For purposes of this section, the term \n`nonqualified entity' means--\n            ``(1) any foreign corporation unless substantially all of \n        its income is--\n                    ``(A) effectively connected with the conduct of a \n                trade or business in the United States, or\n                    ``(B) subject to a comprehensive foreign income \n                tax, and\n            ``(2) any partnership unless substantially all of its \n        income is allocated to persons other than--\n                    ``(A) foreign persons with respect to whom such \n                income is not subject to a comprehensive foreign income \n                tax, and\n                    ``(B) organizations which are exempt from tax under \n                this title.\n    ``(c) Determinability of Amounts of Compensation.--\n            ``(1) In general.--If the amount of any compensation is not \n        determinable at the time that such compensation is otherwise \n        includible in gross income under subsection (a)--\n                    ``(A) such amount shall be so includible in gross \n                income when determinable, and\n                    ``(B) the tax imposed under this chapter for the \n                taxable year in which such compensation is includible \n                in gross income shall be increased by the sum of--\n                            ``(i) the amount of interest determined \n                        under paragraph (2), and\n                            ``(ii) an amount equal to 20 percent of the \n                        amount of such compensation.\n            ``(2) Interest.--For purposes of paragraph (1)(B)(i), the \n        interest determined under this paragraph for any taxable year \n        is the amount of interest at the underpayment rate under \n        section 6621 plus 1 percentage point on the underpayments that \n        would have occurred had the deferred compensation been \n        includible in gross income for the taxable year in which first \n        deferred or, if later, the first taxable year in which such \n        deferred compensation is not subject to a substantial risk of \n        forfeiture.\n    ``(d) Other Definitions and Special Rules.--For purposes of this \nsection--\n            ``(1) Substantial risk of forfeiture.--\n                    ``(A) In general.--The rights of a person to \n                compensation shall be treated as subject to a \n                substantial risk of forfeiture only if such person's \n                rights to such compensation are conditioned upon the \n                future performance of substantial services by any \n                individual.\n                    ``(B) Exception for compensation based on gain \n                recognized on an investment asset.--\n                            ``(i) In general.--To the extent provided \n                        in regulations prescribed by the Secretary, if \n                        compensation is determined solely by reference \n                        to the amount of gain recognized on the \n                        disposition of an investment asset, such \n                        compensation shall be treated as subject to a \n                        substantial risk of forfeiture until the date \n                        of such disposition.\n                            ``(ii) Investment asset.--For purposes of \n                        clause (i), the term `investment asset' means \n                        any single asset (other than an investment fund \n                        or similar entity)--\n                                    ``(I) acquired directly by an \n                                investment fund or similar entity,\n                                    ``(II) with respect to which such \n                                entity does not (nor does any person \n                                related to such entity) participate in \n                                the active management of such asset (or \n                                if such asset is an interest in an \n                                entity, in the active management of the \n                                activities of such entity), and\n                                    ``(III) substantially all of any \n                                gain on the disposition of which (other \n                                than such deferred compensation) is \n                                allocated to investors in such entity.\n                            ``(iii) Coordination with special rule.--\n                        Paragraph (3)(B) shall not apply to any \n                        compensation to which clause (i) applies.\n            ``(2) Comprehensive foreign income tax.--The term \n        `comprehensive foreign income tax' means, with respect to any \n        foreign person, the income tax of a foreign country if--\n                    ``(A) such person is eligible for the benefits of a \n                comprehensive income tax treaty between such foreign \n                country and the United States, or\n                    ``(B) such person demonstrates to the satisfaction \n                of the Secretary that such foreign country has a \n                comprehensive income tax.\n            ``(3) Nonqualified deferred compensation plan.--\n                    ``(A) In general.--The term `nonqualified deferred \n                compensation plan' has the meaning given such term \n                under section 409A(d), except that such term shall \n                include any plan that provides a right to compensation \n                based on the appreciation in value of a specified \n                number of equity units of the service recipient.\n                    ``(B) Exception.--Compensation shall not be treated \n                as deferred for purposes of this section if the service \n                provider receives payment of such compensation not \n                later than 12 months after the end of the taxable year \n                of the service recipient during which the right to the \n                payment of such compensation is no longer subject to a \n                substantial risk of forfeiture.\n            ``(4) Exception for certain compensation with respect to \n        effectively connected income.--In the case of a foreign \n        corporation with income which is taxable under section 882, \n        this section shall not apply to compensation which, had such \n        compensation had been paid in cash on the date that such \n        compensation ceased to be subject to a substantial risk of \n        forfeiture, would have been deductible by such foreign \n        corporation against such income.\n            ``(5) Application of rules.--Rules similar to the rules of \n        paragraphs (5) and (6) of section 409A(d) shall apply.\n    ``(e) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nsection, including regulations disregarding a substantial risk of \nforfeiture in cases where necessary to carry out the purposes of this \nsection.''.\n    (b) Conforming Amendment.--Section 26(b)(2) of such Code is amended \nby striking ``and'' at the end of subparagraph (V), by striking the \nperiod at the end of subparagraph (W) and inserting ``, and'', and by \nadding at the end the following new subparagraph:\n                    ``(X) section 457A(c)(1)(B) (relating to \n                determinability of amounts of compensation).''.\n    (c) Clerical Amendment.--The table of sections of subpart B of part \nII of subchapter E of chapter 1 of such Code is amended by inserting \nafter the item relating to section 457 the following new item:\n\n``Sec. 457A. Nonqualified deferred compensation from certain tax \n                            indifferent parties.''.\n    (d) Effective Date.--\n            (1) In general.--Except as otherwise provided in this \n        subsection, the amendments made by this section shall apply to \n        amounts deferred which are attributable to services performed \n        after December 31, 2008.\n            (2) Application to existing deferrals.--In the case of any \n        amount deferred to which the amendments made by this section do \n        not apply solely by reason of the fact that the amount is \n        attributable to services performed before January 1, 2009, to \n        the extent such amount is not includible in gross income in a \n        taxable year beginning before 2018, such amounts shall be \n        includible in gross income in the later of--\n                    (A) the last taxable year beginning before 2018, or\n                    (B) the taxable year in which there is no \n                substantial risk of forfeiture of the rights to such \n                compensation (determined in the same manner as \n                determined for purposes of section 457A of the Internal \n                Revenue Code of 1986, as added by this section).\n            (3) Accelerated payments.--No later than 120 days after the \n        date of the enactment of this Act, the Secretary shall issue \n        guidance providing a limited period of time during which a \n        nonqualified deferred compensation arrangement attributable to \n        services performed on or before December 31, 2008, may, without \n        violating the requirements of section 409A(a) of the Internal \n        Revenue Code of 1986, be amended to conform the date of \n        distribution to the date the amounts are required to be \n        included in income.\n            (4) Certain back-to-back arrangements.--If the taxpayer is \n        also a service recipient and maintains one or more nonqualified \n        deferred compensation arrangements for its service providers \n        under which any amount is attributable to services performed on \n        or before December 31, 2008, the guidance issued under \n        paragraph (4) shall permit such arrangements to be amended to \n        conform the dates of distribution under such arrangement to the \n        date amounts are required to be included in the income of such \n        taxpayer under this subsection.\n            (5) Accelerated payment not treated as material \n        modification.--Any amendment to a nonqualified deferred \n        compensation arrangement made pursuant to paragraph (4) or (5) \n        shall not be treated as a material modification of the \n        arrangement for purposes of section 409A of the Internal \n        Revenue Code of 1986.","title":""}
+{"_id":"c177","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Environmental Improvement Timber \nContract Extension Act of 1996''.\n\nSEC. 2. MODIFICATION OF LONG-TERM CONTRACT REGARDING TONGASS NATIONAL \n              FOREST.\n\n    Title III of the Tongass Timber Reform Act (Public Law 101-626; 104 \nStat. 4430) is amended by adding at the end the following new section:\n\n``SEC. 302. 1996 CONTRACT MODIFICATIONS.\n\n    ``(a) Definitions.--In this section:\n            ``(1) The term `board feet' means net scribner long-log \n        scale for all sawlogs and all hemlock and spruce utility grade \n        logs.\n            ``(2) The term `contract' means the timber sale contract \n        numbered A10fs-1042 between the United States and the Ketchikan \n        Pulp Company.\n            ``(3) The term `contracting officer' means the Regional \n        Forester of Region 10 of the United States Forest Service.\n            ``(4) The term `mid-market criteria' means an appraisal \n        that ensures an average timber operator will have a weighted \n        average profit and risk margin of at least 60 percent of normal \n        in a mid-market situation, representative of the most recent 10 \n        years of actual market data.\n            ``(5) The term `proportionality' means the proportion of \n        high volume stands (stands of 30,000 or more board feet per \n        acre) to low volume stands (stands of 8,000 to 30,000 board \n        feet per acre).\n            ``(6) The term `purchaser' means the Ketchikan Pulp \n        Company.\n    ``(b) Findings.--Congress finds the following:\n            ``(1) On July 26, 1951, the Forest Service, on behalf of \n        the United States, and the purchaser entered into a contract to \n        harvest 8,250,000,000 board feet of timber from the Tongass \n        National Forest in the State of Alaska. While the contract is \n        scheduled to end June 30, 2004, it acknowledges an intention on \n        the part of the Forest Service to supply adequate timber \n        thereafter for permanent operation of the purchaser's \n        facilities on a commercially sound and permanently economical \n        basis. This legislation is necessary to effectuate that intent.\n            ``(2) A pulp mill or similar facility is necessary in \n        southeast Alaska to optimize the level of year-round, high-\n        paying jobs in the area, to provide high value added use of \n        low-grade wood and by-product material from sawmilling \n        operations, and to maintain a stable regional economy.\n            ``(3) The purchaser plans to make environmental and \n        operational improvements to its pulp mill, including conversion \n        to an elementally chlorine free bleaching process, expansion of \n        wastewater treatment facilities, relocation of the existing \n        wastewater outfall, and improvements to chemical recovery and \n        power generation equipment. Total capital expenditures are \n        estimated to be $200,000,000, $25,000,000 of which the \n        purchaser has already invested.\n            ``(4) Extension of the contract for 15 years is the minimum \n        reasonable extension period to allow amortization of these \n        environmental improvement and energy efficiency projects.\n            ``(5) Ketchikan is the fourth largest city in Alaska. Its \n        economic and job base are extremely dependent upon the \n        continuation of the contract, which provides the principal \n        source of year-round employment in the area. The purchaser has \n        stated among its goals and objectives the following:\n                    ``(A) Continuation of a long-term commitment to \n                Ketchikan and southeast Alaska, including maintenance \n                of a stable Alaskan workforce, utilization of Alaskan \n                contractors, vendors, and suppliers to permit those \n                businesses to hire and maintain Alaskan employees.\n                    ``(B) Participation in the Forest Service's land \n                management planning process with other users so that \n                the process may be completed expeditiously with maximum \n                information.\n                    ``(C) Adherence to sound principles of multiple-use \n                and sustained yield of forest resources providing for \n                the production of sustainable contract volumes for the \n                purchaser and the other timber operators in southeast \n                Alaska and the protection and promotion of other forest \n                uses, including tourism, fishing, subsistence, hunting, \n                mining, and recreation.\n                    ``(D) Protection of air, water, and land, including \n                fish and wildlife habitat, through compliance with \n                applicable Federal, State, and local laws.\n                    ``(E) Commitment to continue to explore new \n                processes and technology to maximize the use of timber \n                harvested and increase the value of products \n                manufactured in southeast Alaska.\n            ``(6) The national interest is served by a policy that \n        accomplishes the proper stewardship of publicly owned assets in \n        the Tongass National Forest, a fair return to the United States \n        for public timber in the Tongass National Forest, and a proper \n        balance among multiple use interests in the Tongass National \n        Forest to enhance forest health, sustainable harvest, and the \n        general economic health and growth in southeast Alaska and the \n        United States in order to improve national economic benefits. \n        The national interest is best achieved by fostering domestic \n        forest product markets and by modifying the terms of the \n        contract pursuant to subsection (c).\n    ``(c) Contract Fairness Changes.--The contract is hereby modified \nas follows:\n            ``(1) Extension.--The term of the contract is extended by \n        15 years from June 30, 2004.\n            ``(2) Sale Offering plan.--The contract shall include a \n        plan describing the amount of volume, location, and the \n        schedule by which the purchaser shall receive the timber \n        required by paragraph (3) for the remainder of the contract \n        term. The plan shall be coordinated with the Tongass Land \n        Management Plan.\n            ``(3) Volume requirements.--The volume of timber required \n        under the contract shall be provided in 5-year increments of \n        962,500,000 board feet, which the purchaser shall be obligated \n        to harvest in an orderly manner, subject to the following:\n                    ``(A) Until March 1, 1999, when the next 5-year \n                increment is provided to the purchaser, the Forest \n                Service shall provide the purchaser with at least \n                192,500,000 board feet per year of available timber at \n                a date certain each year and shall maintain a supply of \n                timber adequate to insure the purchaser can reasonably \n                harvest 192,500,000 board feet each year.\n                    ``(B) To ensure harvest in an orderly manner, the \n                contracting officer shall provide for the construction \n                by the purchaser of roads in portions of the 5-year \n                increment area of timber in advance of the 5-year \n                operating period by including such roads in the \n                environmental impact statement prepared for the 5-year \n                operating period.\n                    ``(C) Timber selected for inclusion in the 5-year \n                increment shall meet the mid-market criteria.\n            ``(4) Appraisals and rates.--The contracting officer shall \n        perform appraisals using normal independent national forest \n        timber sale procedures and designate rates for the increments \n        of timber to be provided. The rates shall not be designated at \n        a level that places the purchaser at a competitive disadvantage \n        to a similar enterprise in the Pacific Northwest and those \n        rates shall be the sole charges the purchaser shall be required \n        to pay for timber provided.\n            ``(5) Measurement of proportionality.--The Forest Service \n        shall measure proportionality using the following criteria:\n                    ``(A) Measure for groups of all contiguous \n                management areas.\n                    ``(B) Measure proportionality by acres.\n                    ``(C) Measure proportionality over the entire \n                rotation age.\n            ``(6) Conversion or replacement of pulp mill.--The \n        purchaser may convert or replace, in part or in whole, its pulp \n        mill with a facility the manufactures any other value added \n        product that utilizes pulp logs as a raw material component.\n            ``(7) Unilateral termination.--The unilateral termination \n        clause of the contract is eliminated.\n            ``(8) Subsequent modifications.--Any clause in the \n        contract, as modified by this subsection, may be further \n        modified only by mutual agreement of the Forest Service and the \n        purchaser and may be so modified without further Act of \n        Congress.\n    ``(d) Effective Date for Contract Modification.--\n            ``(1) Effective date.--The modifications made by subsection \n        (c) shall take effect 45 days after the date of the enactment \n        of the Environmental Improvement Timber Contract Extension Act \n        of 1996.\n            ``(2) Ministerial duty to modify the contract.--Not later \n        than such effective date, the contracting officer shall revise, \n        as a ministerial function, the text of the contract to conform \n        with the modifications made by subsection (c) and implement the \n        modified contract. The contracting officer shall make \n        conforming changes to provisions of the contract that were not \n        modified by subsection (c) in order to ensure that the \n        modifications made by such subsection are implemented.\n    ``(e) Transition Timber Supply.--Timber volume available or \nscheduled to be offered to the purchaser under the contract in effect \non the day before the date of the enactment of the Environmental \nImprovement Timber Contract Extension Act of 1996 shall continue to be \noffered and scheduled under the contract as modified by subsection (c) \nalong with such additional timber volume as is necessary to satisfy the \ntimber volume requirement of 192,500,000 board feet per year.''.","title":""}
+{"_id":"c178","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Environmental Justice Act of 1999''.\n\nSEC. 2. PURPOSES.\n\n    The purposes of this Act are--\n            (1) to identify those areas which are subject to the \n        highest levels of toxic chemicals, through all media;\n            (2) to require the collection of data on environmental \n        health effects so that impacts on different individuals or \n        groups can be understood;\n            (3) to assess the health effects that may be caused by \n        emissions in those areas of highest impact;\n            (4) to ensure that groups or individuals residing within \n        those areas of highest impact have the opportunity to \n        participate in developing solutions to environmental and health \n        problems confronting their community;\n            (5) to promote technologies and practices that reduce or \n        eliminate pollution; and\n            (6) to promote the development and maintenance of parks and \n        green open spaces in polluted communities.\n\nSEC. 3. DEFINITIONS.\n\n    For the purposes of this Act:\n            (1) Administrator.--The term ``Administrator'' means the \n        Administrator of the United States Environmental Protection \n        Agency.\n            (2) Environmental high impact area.--The terms \n        ``Environmental High Impact Area'' and ``EHIA'' mean the 20 \n        counties or other geographic units that are designated pursuant \n        to section 101.\n            (3) Secretary.--The term ``Secretary'' means the Secretary \n        of the Department of Health and Human Services.\n            (4) Toxic chemicals.--The term ``toxic chemicals'' includes \n        all substances as defined in section 101(14) of the \n        Comprehensive Environmental Response, Compensation, and \n        Liability Act of 1980; any hazardous waste listed or identified \n        pursuant to the Solid Waste Disposal Act; any pollutant for \n        which air quality standards have been issued pursuant to the \n        Clean Air Act; any pollutant for which water quality standards \n        have been issued pursuant to the Clean Water Act; any pollutant \n        for which a national primary drinking water regulation has been \n        issued pursuant to the Safe Drinking Water Act; all materials \n        registered pursuant to the Federal Insecticide, Fungicide, and \n        Rodenticide Act; and all substances and chemicals subject to \n        reporting obligations pursuant to the Emergency Planning and \n        Community Right-to-Know Act. The Adminis-\n\n        trator may add other substances as deemed appropriate.\n            (5) Toxic chemical facilities.--The term ``toxic chemical \n        facilities'' includes all facilities including Federal \n        facilities subject to a permit, inspection or review, or \n        registration requirement pursuant to the authority of the Solid \n        Waste Disposal Act; the Clean Air Act; the Clean Water Act; the \n        Federal Insecticide, Fungicide and Rodenticide Act; and the \n        OSHA Hazard Communication Standard; as well as any facility \n        subject to reporting obligations pursuant to the Emergency \n        Planning and Community Right-to-Know Act. The Administrator \n        shall have the authority to examine the level of toxic \n        chemicals released into the environment by facilities not \n        currently subject to Federal review, inspection, or reporting \n        requirements if (A) a facility is believed to produce a high \n        level of environmental pollution, and (B) the Administrator is \n        petitioned by individuals or groups within such EHIA to conduct \n        the review.\n\n       TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS\n\nSEC. 101. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS.\n\n    (a) Publication of Method.--Within 12 months after the enactment of \nthis Act, the Administrator shall publish for public comment the method \nfor selecting the EHIAs.\n    (b) Determination of Impacted Areas.--Within 18 months after the \ndate of enactment of this Act, the Administrator shall publish a list \nof 20 Environmental High Impact Areas that are either counties or other \nappropriate geographic units in which high levels of chemicals are \npresent and in which the population is exposed to such chemicals. The \nAdministrator shall also take into consideration any geographical areas \nsuggested for review by the Agency for Toxic Substances and Disease \nRegistry, the National Center for Environmental Health, the National \nCenter for Health Statistics, other appropriate Federal agencies, and \nState and local health authorities.\n    (c) Revision and Republication.--The Administrator shall revise and \nrepublish the list described in subsection (a) of this section not less \nthan every 5 years, using data compiled for that 5-year period.\n    (d) Compilation of List.--In selecting a methodology and compiling \nor revising the list of EHIAs, the Administrator shall--\n            (1) use the most recent data available;\n            (2) take into account the relative toxicity of the toxic \n        chemicals;\n            (3) determine, with the best available data, the actual and \n        potential exposures, and toxicity of the toxic chemicals \n        present in each impacted area;\n            (4) consider and utilize all appropriate data compiled \n        pursuant to any environmental regulatory authority and other \n        sources, including but not limited to available data on lead-\n        based paint and the existence of pollutants from mobile \n        sources;\n            (5) distinguish between toxic chemicals which are (A) in a \n        contained, controlled environment such as barrels, factories, \n        warehouses, or lined landfills; and (B) released into the air, \n        water, soil or groundwater of the area; and\n            (6) take into account the impact of pollution in high \n        population density areas.\n\n                   TITLE II--ENFORCEMENT INITIATIVES\n\nSEC. 201. MANDATORY INSPECTION.\n\n    To assure that facilities with the highest potential for release of \ntoxic chemicals into the environment are operating in compliance with \nall applicable environmental, health and safety standards, the \nAdministrator, and the Assistant Secretary of the Occupational Safety \nand Health Administration shall conduct compliance inspections or \nreviews of all toxic chemical facilities in Environmental High Impact \nAreas subject to their respective jurisdictions within 1 year after the \npublication of each list of EHIAs under title I.\n\n                   TITLE III--COMMUNITY PARTICIPATION\n\nSEC. 301. TECHNICAL ASSISTANCE GRANTS.\n\n    The Administrator shall make a technical assistance grant available \nto any individual or group of individuals in an EHIA. Such grants shall \nbe used to seek guidance from independent experts for the purpose of \nimproving understanding of environmental and health concerns related to \ndesignation as an EHIA. Not more than one grant may be made with \nrespect to each EHIA, but the grant may be renewed to facilitate public \nparticipation where necessary.\n\n       TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS\n\nSEC. 401. SECRETARIAL STUDY.\n\n    Within 2 years after the publication of each list of EHIAs under \ntitle I, the Secretary shall issue for public comment a report \nidentifying the methodology used and nature and extent, if any, of \nacute and chronic impacts on human health in EHIAs as compared to non-\nEHIAs, including impacts on subgroups within EHIAs. Such impacts shall \ninclude but not be limited to cancer, birth deformities, infant \nmortality rates, and respiratory diseases. The report shall be \ncoordinated by the Administrator of the Agency for Toxic Substances and \nDisease Registry and shall involve the community being assessed. The \nATSDR shall work closely with the Directors of the National Institute \nfor Environmental Health Sciences, the National Center for Health \nStatistics, and other appropriate Federal agencies to coordinate the \nreport, relying on the expertise of leading health and environmental \nscientists. The health assessment shall seek to--\n            (1) isolate the impacts of environmental pollution;\n            (2) segregate the effects of other factors such as health \n        care availability or substance abuse or diet;\n            (3) evaluate the levels below which release of toxic \n        chemicals, either individually or cumulatively, must be reduced \n        to avoid adverse impacts on human health; and\n            (4) determine the impacts of uncontrolled releases.\nIn conducting health assessments, the Administrator of the Agency for \nToxic Substances and Disease Registry and other Federal agencies shall \nconsider: the differential sensitivities to exposures for vulnerable \ngroups; the effects of low levels of a toxin over a period of time; \ncumulative and synergistic effects of multiple toxins; and \nmethodological issues for studying exposures and diseases among small \nnumbers of people, including units of measurement and analyses \nsensitive to disease clusters; and demographic information relevant for \na determination of environmental justice concerns. As a result of the \nreport in communities where the Administrator of the Agency for Toxic \nSubstances Disease Registry has determined that adverse health impacts \nexist, the agency shall also make this information readily available to \nmembers of the community by providing information directly to the \naffected communities and tribal governments in the Environmental High \nImpact Areas.\n\nSEC. 402. MORATORIUM.\n\n    If the report under section 401 finds significant adverse impacts \nof environmental pollution on human health in EHIAs, there shall be a \nmoratorium on the siting or permitting of any new toxic chemical \nfacility in any EHIA shown to emit toxic chemicals in quantities found \nto cause significant adverse impacts on human health. A new toxic \nchemical facility may be cited or permitted in such an EHIA during this \nperiod only if the Secretary and Administrator agree that--\n            (1) there will be no significant adverse impacts to human \n        health;\n            (2) the owner or operator of the facility demonstrates that \n        the facility has developed a plan to maintain a comprehensive \n        pollution prevention program; and\n            (3) the facility demonstrates that it will minimize \n        uncontrolled releases into the environment.\nThe moratorium shall continue in effect in such an EHIA until the \nAdministrator determines, upon petition of any interested party, that \nthe health-based levels identified pursuant to section 401(5) have been \nattained at the EHIA.\n\n                        TITLE V--HEALTH REMEDIES\n\nSEC. 501. HEALTH SCREENING AND TREATMENT GRANTS.\n\n    Within 1 year after the Secretary's biennial health assessment is \nreleased, in EHIAs shown to have adverse health outcomes related to \nenvironmental exposures, the Secretary shall establish a grant program \nto make available to public and nonprofit private entities awards for \nthe purposes of providing community-wide medical screening and \ndiagnostic services for environmentally related illnesses. Treatment \nservices shall be provided for community residents with environmentally \nrelated illnesses if they lack private or public health insurance, and \nshall continue as long as medically necessary. Following community \nscreening, the Secretary shall initiate a review of medical services \nwithin EHIAs to determine if the area or population would qualify as \n``medically underserved'' or a ``health professional shortage area''.\n\n                     TITLE VI--POLLUTION REDUCTION\n\nSEC. 601. POLLUTION REDUCTION AND PREVENTION GRANTS.\n\n    In EHIAs where the Secretary has determined that adverse health \noutcomes are related to environmental exposures, the Administrator \nshall immediately take efforts to reduce pollution in the area. The \nAdministrator shall first make available to States with EHIAs pollution \nreduction\/prevention grants which will involve community \nrepresentatives, public health experts, local business, and government \nofficials located within the EHIA in developing effective pollution \nreduction strategies. If within 1 year, the Administrator determines \nthat significant steps have not been made to reduce pollution and risk \nto human health, the Administrator may take regulatory steps to reduce \npollution in the area.\n\n                  TITLE VII--PROMOTION OF GREEN SPACE\n\nSEC. 701. DEVELOPMENT OF PARKS OR RECREATIONAL AREAS.\n\n    Within 1 year after the Secretary's biennial health assessment is \nreleased, the Secretary of the Interior shall establish a grant program \nto make available to local public or nonprofit private entities within \nEHIAs awards for the development of parks and recreational spaces, and \nprovide guidance for promoting environmentally sound use of the land.\n\n                          TITLE VIII--FUNDING\n\nSEC. 801. FUNDING.\n\n    There are authorized to be appropriated to carry out this Act such \nsums as may be necessary.","title":""}
+{"_id":"c179","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Equal Access to Medicare Options Act \nof 2009''.\n\nSEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE \n              BENEFICIARIES.\n\n    (a) In General.--Section 1882(s) of the Social Security Act (42 \nU.S.C. 1395ss(s)) is amended--\n            (1) in paragraph (2)(A), by striking ``65 years of age or \n        older and is enrolled for benefits under part B'' and inserting \n        ``entitled to, or enrolled for, benefits under part A and \n        enrolled for benefits under part B'';\n            (2) in paragraph (2)(D), by striking ``who is 65 years of \n        age or older as of the date of issuance and''; and\n            (3) in paragraph (3)(B)(vi), by striking ``at age 65''.\n    (b) Phase-In Authority.--\n            (1) In general.--Subject to paragraph (2), the Secretary of \n        Health and Human Services may phase in the implementation of \n        the amendments made under subsection (a) in such manner as the \n        Secretary determines appropriate to minimize any adverse impact \n        on individuals enrolled under a Medicare supplemental policy \n        prior to the effective date of this Act.\n            (2) Limit.--The phase-in period under paragraph (1) shall \n        not exceed 5 years.\n    (c) Separate Premium Class.--\n            (1) In general.--Subject to paragraph (2), any individuals \n        enrolled under a Medicare supplemental policy pursuant to the \n        amendments made under subsection (a) shall be classified by the \n        issuer as part of a separate premium class.\n            (2) Limit.--The provision in paragraph (1) shall apply to \n        individuals that enroll under a Medicare supplemental policy \n        prior to January 1, 2015.\n    (d) Additional Enrollment Period for Certain Individuals.--\n            (1) One-time enrollment period.--\n                    (A) In general.--In the case of an individual \n                described in paragraph (2), the Secretary shall \n                establish a one-time enrollment period during which \n                such an individual may enroll in any Medicare \n                supplemental policy of the individual's choosing.\n                    (B) Period.--The enrollment period established \n                under subparagraph (A) shall begin on the date on which \n                the phase-in period under subsection (b) is completed \n                and end 6 months after such date.\n            (2) Individual described.--An individual described in this \n        paragraph is an individual who--\n                    (A) is entitled to hospital insurance benefits \n                under part A under section 226(b) or section 226A of \n                the Social Security Act (42 U.S.C. 426(b); 426-1);\n                    (B) is enrolled for benefits under part B of such \n                Act (42 U.S.C. 1395j et seq.); and\n                    (C) would not, but for the provisions of and \n                amendments made by this section, be eligible for the \n                guaranteed issue of a Medicare supplemental policy \n                under section 1882(s)(2) of such Act (42 U.S.C. \n                1395ss(s)(2)).\n            (3) Outreach plan.--The Secretary shall develop an outreach \n        plan to notify individuals described in paragraph (2) of the \n        one-time enrollment period established under paragraph (1).\n\nSEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND \n              MEDICAID ENROLLEES.\n\n    (a) In General.--Section 1882(s)(3) of the Social Security Act (42 \nU.S.C. 1395ss(s)(3)), as amended by section 2, is amended--\n            (1) in subparagraph (B), by adding at the end the following \n        new clauses:\n            ``(vii) The individual was enrolled in a Medicare Advantage \n        plan under part C for not less than 12 months and subsequently \n        disenrolled from such plan and elects to receive benefits under \n        this title through the original Medicare fee-for-service \n        program under parts A and B.\n            ``(viii) The individual--\n                    ``(I) is entitled to, or enrolled for, benefits \n                under part A and enrolled for benefits under part B;\n                    ``(II) was eligible for medical assistance under a \n                State plan or waiver under title XIX and was enrolled \n                in such plan or waiver; and\n                    ``(III) subsequently lost eligibility for such \n                medical assistance.''; and\n            (2) by striking subparagraph (C)(iii) and inserting the \n        following:\n            ``(iii) Subject to subsection (v)(1), for purposes of an \n        individual described in clause (vi), (vii), or (viii) of \n        subparagraph (B), a Medicare supplemental policy described in \n        this subparagraph shall include any Medicare supplemental \n        policy.''.\n            (3) in subparagraph (E)--\n                    (A) in clause (iv), by striking ``and'' at the end;\n                    (B) in clause (v), by striking the period at the \n                end and inserting a semicolon; and\n                    (C) by adding at the end the following new clauses:\n            ``(vi) in the case of an individual described in \n        subparagraph (B)(vii), the annual, coordinated election period \n        (as defined in section 1851(e)(3)(B)) or a continuous open \n        enrollment period (as defined in section 1851(e)(2)) during \n        which the individual disenrolls from a Medicare Advantage plan \n        under part C; and\n            ``(vii) in the case of an individual described in \n        subparagraph (B)(viii), the period beginning on the date that \n        the individual receives a notice of cessation of such \n        individual's eligibility for medical assistance under the State \n        plan or waiver under title XIX and ending on the date that is \n        123 days after the individual receives such notice.''.\n    (b) Effective Date.--The amendments made by subsection (a) shall \napply to Medicare supplemental policies effective on or after January \n1, 2010.\n\nSEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN \n              MEDICARE ADVANTAGE.\n\n    (a) In General.--Section 1851(a) of the Social Security Act (42 \nU.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting \nthe following:\n    ``(3) Medicare+Choice Eligible Individual.--In this title, the term \n`Medicare+Choice eligible individual' means an individual who is \nentitled to benefits under part A and enrolled under part B.''.\n    (b) Conforming Amendments.--\n            (1) Section 1852(b) of the Social Security Act (42 U.S.C. \n        1395w-22(b)) is amended by striking paragraph (1) and inserting \n        the following:\n    ``(1) Beneficiaries.--A Medicare+Choice organization may not deny, \nlimit, or condition the coverage or provision of benefits under this \npart, for individuals permitted to be enrolled with the organization \nunder this part, based on any health status-related factor described in \nsection 2702(a)(1) of the Public Health Service Act. The Secretary \nshall not approve a plan of an organization if the Secretary determines \nthat the design of the plan and its benefits are likely to \nsubstantially discourage enrollment by certain MA eligible individuals \nwith the organization.''.\n            (2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w-\n        28(b)(6)(B)) is amended in the second sentence by striking \n        ``may waive application of section 1851(a)(3)(B) in the case of \n        an individual described in clause (i), (ii), or (iii) of this \n        subparagraph and''.\n    (c) Effective Date.--The amendments made by this section shall \napply to plan years beginning on or after January 1, 2010.","title":""}
+{"_id":"c18","text":"SECTION 1. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE.\n\n    (a) Permanent Extension.--Section 127 of the Internal Revenue Code \nof 1986 (relating to exclusion for educational assistance programs) is \namended by striking subsection (d) and by redesignating subsection (e) \nas subsection (d).\n    (b) Restoration of Exclusion for Graduate Education.--The last \nsentence of paragraph (1) of section 127(c) of such Code is amended by \nstriking ``, and such term also does not include any payment for, or \nthe provision of any benefits with respect to, any graduate level \ncourse of a kind normally taken by an individual pursuing a program \nleading to a law, business, medical, or other advanced academic or \nprofessional degree''.\n    (c) Effective Dates.--\n            (1) Extension.--The amendments made by subsection (a) shall \n        apply to taxable years beginning after December 31, 1996.\n            (2) Graduate education.--The amendment made by subsection \n        (b) shall apply with respect to expenses relating to courses \n        beginning after December 31, 1996.\n\nSEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS.\n\n    (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 221 as \nsection 222 and by inserting after section 220 the following new \nsection:\n\n``SEC. 221. INTEREST ON EDUCATION LOANS.\n\n    ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction for the taxable year an amount equal to \nthe interest paid by the taxpayer during the taxable year on any \nqualified education loan.\n    ``(b) Limitation Based on Modified Adjusted Gross Income.--\n            ``(1) In general.--The amount allowed as a deduction under \n        subsection (a) shall be reduced (but not below zero) by the \n        amount determined under paragraph (2).\n            ``(2) Amount of reduction.--The amount determined under \n        this paragraph equals the amount which bears the same ratio to \n        the deduction (determined without regard to this subsection) \n        as--\n                    ``(A) the excess of--\n                            ``(i) the taxpayer's modified adjusted \n                        gross income for such taxable year, over\n                            ``(ii) $50,000 ($80,000 in the case of a \n                        joint return), bears to\n                    ``(B) $20,000.\n            ``(3) Modified adjusted gross income.--For purposes of \n        paragraph (2), the term `modified adjusted gross income' means \n        the adjusted gross income of the taxpayer for the taxable year \n        determined--\n                    ``(A) without regard to this section and sections \n                911, 931, and 933, and\n                    ``(B) after the application of sections 86, 135, \n                137, 219, and 469.\n        For purposes of sections 86, 135, 219, and 469, adjusted gross \n        income shall be determined without regard to the deduction \n        allowed under this section.\n            ``(4) Inflation adjustment.--\n                    ``(A) In general.--In the case of a taxable year \n                beginning after 1997, the $50,000 and $80,000 amounts \n                in paragraph (2)(A)(ii) shall each be increased by an \n                amount equal to--\n                            ``(i) such dollar amounts, multiplied by\n                            ``(ii) the cost-of-living adjustment \n                        determined under section 1(f)(3) for the \n                        calendar year in which the taxable year begins, \n                        determined by substituting `calendar year 1996' \n                        for `calendar year 1992' in subparagraph (B) \n                        thereof.\n                    ``(B) Rounding.--If any amount as adjusted under \n                subparagraph (A) is not a multiple of $5,000, such \namount shall be rounded to the next lowest multiple of $5,000.\n    ``(c) Dependents Not Eligible for Deduction.--No deduction shall be \nallowed by this section to an individual for the taxable year if a \ndeduction under section 151 with respect to such individual is allowed \nto another taxpayer for the taxable year beginning in the calendar year \nin which such individual's taxable year begins.\n    ``(d) Definitions.--For purposes of this section--\n            ``(1) Qualified education loan.--The term `qualified \n        education loan' means any indebtedness incurred to pay \n        qualified higher education expenses--\n                    ``(A) which are incurred on behalf of the taxpayer \n                or the taxpayer's spouse,\n                    ``(B) which are paid or incurred within a \n                reasonable period of time before or after the \n                indebtedness is incurred, and\n                    ``(C) which are attributable to education furnished \n                during a period during which the recipient was at least \n                a half-time student.\n        Such term includes indebtedness used to refinance indebtedness \n        which qualifies as a qualified education loan. The term \n        `qualified education loan' shall not include any indebtedness \n        owed to a person who is related (within the meaning of section \n        267(b) or 707(b)(1)) to the taxpayer.\n            ``(2) Qualified higher education expenses.--\n                    ``(A) In general.--The term `qualified higher \n                education expenses' means the excess of--\n                            ``(i) tuition and fees required for the \n                        enrollment or attendance of--\n                                    ``(I) the taxpayer,\n                                    ``(II) the taxpayer's spouse, or\n                                    ``(III) any dependent of the \n                                taxpayer with respect to whom the \n                                taxpayer is allowed a deduction under \n                                section 151,\n                        as an eligible student at an institution of \n                        higher education, over\n                            ``(ii) the sum of--\n                                    ``(I) the amount excluded from \n                                gross income under section 135 by \n                                reason of such tuition and fees, and\n                                    ``(II) the amount of the reduction \n                                described in section 135(d)(1).\n                    ``(B) Exceptions.--Such term does not include--\n                            ``(i) expenses with respect to any course \n                        or other education involving sports, games, or \n                        hobbies, unless such course or other education \n                        is part of the student's degree program, and\n                            ``(ii) student activity fees, athletic \n                        fees, insurance expenses, or other expenses \n                        unrelated to a student's academic course of \n                        instruction.\n                    ``(C) Eligible student.--The term `eligible \n                student' means, with respect to any academic period, a \n                student who--\n                            ``(i) meets the requirements of section \n                        484(a)(1) of the Higher Education Act of 1965 \n                        (20 U.S.C. 1091(a)(1)), as in effect on the \n                        date of the enactment of this section, and\n                            ``(ii) is carrying at least \\1\/2\\ the \n                        normal full-time work load for the course of \n                        study the student is pursuing, as reasonably \n                        determined by the institution of higher \n                        education.\n            ``(3) Institution of higher education.--The term \n        `institution of higher education' means an institution--\n                    ``(A) which is described in section 481 of the \n                Higher Education Act of 1965 (20 U.S.C. 1088), as in \n                effect on the date of the enactment of this section, \n                and\n                    ``(B) which is eligible to participate in programs \n                under title IV of such Act.\n        Such term includes an institution conducting an internship or \n        residency program leading to a degree or certificate awarded by \n        an institution of higher education, a hospital, or a health \n        care facility which offers postgraduate training.\n            ``(4) Full-time student.--The term `full-time student' \n        means any student who is carrying at least the normal full-time \n        work load for the course of study the student is pursuing, as \n        reasonably determined by the institution of higher education.\n            ``(5) Half-time student.--The term `half-time student' \n        means any individual who would be a student as defined in \n        section 151(c)(4) if `half-time' were substituted for `full-\n        time' each place it appears in such section.\n            ``(6) Dependent.--The term `dependent' has the meaning \n        given such term by section 152.\n    ``(e) Special Rules.--\n            ``(1) Denial of double benefit.--No deduction shall be \n        allowed under this section for any amount for which a deduction \n        is allowable under any other provision of this chapter.\n            ``(2) Married couples must file joint return.--If the \n        taxpayer is married at the close of the taxable year, the \n        deduction shall be allowed under subsection (a) only if the \n        taxpayer and the taxpayer's spouse file a joint return for the \n        taxable year.\n            ``(3) Marital status.--Marital status shall be determined \n        in accordance with section 7703.''\n    (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other \nDeductions.--Subsection (a) of section 62 of such Code is amended by \ninserting after paragraph (16) the following new paragraph:\n            ``(17) Interest on education loans.--The deduction allowed \n        by section 221.''\n    (c) Reporting Requirement.--\n            (1) In general.--Subpart B of part III of subchapter A of \n        chapter 61 of such Code (relating to information concerning \n        transactions with other persons) is amended by inserting after \n        section 6050R the following new section:\n\n``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN \n              TRADE OR BUSINESS FROM INDIVIDUALS.\n\n    ``(a) Education Loan Interest of $600 or More.--Any person--\n            ``(1) who is engaged in a trade or business, and\n            ``(2) who, in the course of such trade or business, \n        receives from any individual interest aggregating $600 or more \n        for any calendar year on 1 or more qualified education loans,\nshall make the return described in subsection (b) with respect to each \nindividual from whom such interest was received at such time as the \nSecretary may by regulations prescribe.\n    ``(b) Form and Manner of Returns.--A return is described in this \nsubsection if such return--\n            ``(1) is in such form as the Secretary may prescribe,\n            ``(2) contains--\n                    ``(A) the name, address, and TIN of the individual \n                from whom the interest described in subsection (a)(2) \n                was received,\n                    ``(B) the amount of such interest received for the \n                calendar year, and\n                    ``(C) such other information as the Secretary may \n                prescribe.\n    ``(c) Application to Governmental Units.--For purposes of \nsubsection (a)--\n            ``(1) Treated as persons.--The term `person' includes any \n        governmental unit (and any agency or instrumentality thereof).\n            ``(2) Special rules.--In the case of a governmental unit or \n        any agency or instrumentality thereof--\n                    ``(A) subsection (a) shall be applied without \n                regard to the trade or business requirement contained \n                therein, and\n                    ``(B) any return required under subsection (a) \n                shall be made by the officer or employee appropriately \n                designated for the purpose of making such return.\n    ``(d) Statements To Be Furnished to Individuals With Respect to \nWhom Information Is Required.--Every person required to make a return \nunder subsection (a) shall furnish to each individual whose name is \nrequired to be set forth in such return a written statement showing--\n            ``(1) the name and address of the person required to make \n        such return, and\n            ``(2) the aggregate amount of interest described in \n        subsection (a)(2) received by the person required to make such \n        return from the individual to whom the statement is required to \n        be furnished.\nThe written statement required under the preceding sentence shall be \nfurnished on or before January 31 of the year following the calendar \nyear for which the return under subsection (a) was required to be made.\n    ``(e) Qualified Education Loan Defined.--For purposes of this \nsection, except as provided in regulations prescribed by the Secretary, \nthe term `qualified education loan' has the meaning given such term by \nsection 221(d)(1).\n    ``(f) Returns Which Would Be Required To Be Made by 2 or More \nPersons.--Except to the extent provided in regulations prescribed by \nthe Secretary, in the case of interest received by any person on behalf \nof another person, only the person first receiving such interest shall \nbe required to make the return under subsection (a).''\n            (2) Assessable penalties.--Section 6724(d) of such Code \n        (relating to definitions) is amended--\n                    (A) by redesignating clauses (x) through (xv) as \n                clauses (xi) through (xvi), respectively, in paragraph \n                (1)(B) and by inserting after clause (ix) of such \n                paragraph the following new clause:\n                            ``(x) section 6050S (relating to returns \n                        relating to education loan interest received in \n                        trade or business from individuals),'', and\n                    (B) by striking ``or'' at the end of the next to \n                last subparagraph, by striking the period at the end of \n                the last subparagraph and inserting ``, or'', and by \n                adding at the end the following new subparagraph:\n                    ``(Z) section 6050R (relating to returns relating \n                to education loan interest received in trade or \n                business from individuals).''\n    (d) Clerical Amendments.--\n            (1) The table of sections for part VII of subchapter B of \n        chapter 1 of such Code is amended by striking the last item and \n        inserting the following new items:\n\n                              ``Sec. 221. Interest on education loans.\n                              ``Sec. 222. Cross reference.''\n            (2) The table of sections for subpart B of part III of \n        subchapter A of chapter 61 of such Code is amended by inserting \n        after the item relating to section 6050R the following new \n        item:\n\n                              ``Sec. 6050S. Returns relating to \n                                        education loan interest \n                                        received in trade or business \n                                        from individuals.''\n    (e) Effective Date.--The amendments made by this section shall \napply to any qualified education loan (as defined in section 221(d)(1) \nof the Internal Revenue Code of 1986, as added by this section) \nincurred on, before, or after the date of the enactment of this Act, \nbut only with respect to any loan interest payment due after December \n31, 1996.","title":""}
+{"_id":"c180","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Equitable Health Care for Severe \nMental Illnesses Act of 1993''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) American families should have health insurance \n        protection for the costs of treating severe mental illnesses \n        that is commensurate with the protection provided for other \n        illnesses;\n            (2) currently, many private health insurance policies and \n        public insurance programs discriminate against persons with \n        severe mental illnesses by providing more restrictive coverage \n        for treatments of those illnesses compared to coverage provided \n        for treatments of other medical problems;\n            (3) many health insurance plans limit the number of days \n        allowed for facility care or limit the number of outpatient \n        visits allowed for the treatment of severe mental illnesses \n        while providing no limit for the treatment of other physical \n        illnesses;\n            (4) only 21 percent of all health insurance policies \n        provide inpatient coverage for severe mental illnesses \n        comparable to coverage for other illnesses, and only 2 percent \n        have comparable outpatient coverage;\n            (5) only 2 percent of Americans with private health care \n        coverage have policies that adequately and fairly cover severe \n        mental illnesses;\n            (6) over 60 percent of health maintenance and preferred \n        provider organizations specifically exclude treatment for those \n        with severe mental illnesses;\n            (7) private health insurance provides some type of coverage \n        for 64 percent of all individuals with severe mental illness, \n        but provides only 46 percent of the annual expenditures \n        required for the treatment of severe mental illnesses;\n            (8) health care reform plans designed to make health care \n        more accessible and affordable often incorporate the policies \n        that are discriminatory with respect to persons with severe \n        mental illnesses which now exist in common private health \n        insurance plans;\n            (9) unequal health insurance coverage contributes to the \n        destructive and unfair stigmatization of persons with severe \n        mental illnesses, illnesses that are beyond the control of the \n        individuals, just like cancer, diabetes, and other serious \n        physical health problems;\n            (10) schizophrenia strikes more than 2,500,000 Americans \n        over the course of their lifetimes, and approximately 30 \n        percent of all hospitalized psychiatric patients in the United \n        States suffer from this most disabling group of mental \n        disorders;\n            (11) left untreated, severe mental illnesses are some of \n        the most disabling and destructive illnesses afflicting \n        Americans;\n            (12) studies have found that up to 90 percent of all \n        persons who commit suicide suffer from a treatable severe \n        mental illness, such as schizophrenia, depression, or manic \n        depressive illness;\n            (13) some 10 percent of all inmates, or 100,000 people, in \n        prisons and jails in the United States suffer from \n        schizophrenia or manic-depressive psychosis;\n            (14) severe mental illness places an individual at high \n        risk for homelessness, as approximately one-third of the \n        Nation's 600,000 homeless persons suffer from severe mental \n        illnesses;\n            (15) many persons suffering from severe mental illnesses \n        can be treated effectively but ignorance and stigma continue to \n        prevent many mentally ill individuals from obtaining help;\n            (16) seventy to 80 percent of those suffering from \n        depression respond quickly to treatment and 80 percent of the \n        victims of schizophrenia can be relieved of acute symptoms with \n        proper medication;\n            (17) about 95 percent of what is known about both normal \n        and abnormal structure and function of the brain has been \n        learned in the last 10 years, but millions of severely mentally \n        ill people have yet to benefit from these startling research \n        advances in clinical and basic neuroscience;\n            (18) ensuring adequate health insurance coverage for the \n        treatment of severe mental illnesses can reduce health and \n        societal costs by as much as $2,200,000,000 annually by \n        preventing more costly interventions in the lives of persons \n        with untreated severe mental illnesses and by helping those \n        with severe mental illnesses, many of whom are young adults, \n        remain productive members of society; and\n            (19) legislation to reform the health care system should \n        not condone or perpetuate discrimination against persons with \n        severe mental illnesses.\n\nSEC. 3. STATEMENT OF POLICY.\n\n    (a) In General.--It is the policy of the United States that--\n            (1) persons with severe mental illnesses must not be \n        discriminated against in the health care system; and\n            (2) health care coverage, whether provided through public \n        or private health insurance or any other means of financing, \n        must provide for the treatment of severe mental illnesses in a \n        manner that is equitable and commensurate with that provided \n        for other major physical illnesses.\n    (b) Construction.--Subsection (a) shall not be construed to \npreclude the adoption of laws or policies requiring or providing for \nappropriate and equitable coverage for other mental health services.\n\nSEC. 4. NONDISCRIMINATORY AND EQUITABLE HEALTH CARE COVERAGE.\n\n    With respect to persons with severe mental illnesses, to be \nconsidered nondiscriminatory and equitable under this Act, health care \ncoverage shall cover services that are essential to the effective \ntreatment of severe mental illnesses in a manner that--\n            (1) is not more restrictive than coverage provided for \n        other major physical illnesses;\n            (2) provides adequate financial protection to the person \n        requiring the medical treatment for a severe mental illness; \n        and\n            (3) is consistent with effective and common methods of \n        controlling health care costs for other major physical \n        illnesses.\n\nSEC. 5. COMMITMENT TO POLICY.\n\n    It is the purpose of this Act to commit the Congress and the \nExecutive Branch to incorporating the policy set forth in section 3 \nthrough efforts, including the enactment of legislation, which are \nintended to improve access to or control the costs of health care.\n\nSEC. 6. DEFINITION.\n\n    As used in this Act, the term ``severe mental illness'' means an \nillness that is defined through diagnosis, disability and duration, and \nincludes disorders with psychotic symptoms such as schizophrenia, \nschizoaffective disorder, manic depressive disorder, autism, as well as \nsevere forms of other disorders such as major depression, panic \ndisorder, and obsessive compulsive disorder.","title":""}
+{"_id":"c181","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Exclusion and Asylum Reform \nAmendments of 1993''.\n\nSEC. 2. ADMISSIONS FRAUD.\n\n    (a) Exclusion for Fraudulent Documents and Failure To Present \nDocuments.--Section 212(a)(6)(C) of the Immigration and Nationality Act \n(8 U.S.C. 1182(a)(6)(C)) is amended--\n            (1) by striking ``(C) Misrepresentation'' and inserting in \n        lieu thereof the following:\n                    ``(C) Fraud, misrepresentation, and failure to \n                present documents'';\n            (2) by adding at the end the following new clause:\n                            ``(iii) Fraudulent documents and failure to \n                        present documents.--\n                                    ``(I) Any alien who, in seeking \n                                entry to the United States or boarding \n                                a common carrier for the purpose of \n                                coming to the United States, presents \n                                any document which, in the \n                                determination of the immigration \n                                officer, is forged, counterfeit, \n                                altered, falsely made, stolen, or \n                                inapplicable to the alien presenting \n                                the document, or otherwise contains a \n                                misrepresentation of a material fact, \n                                is excludable.\n                                    ``(II) Any alien who, in boarding a \n                                common carrier for the purpose of \n                                coming to the United States, presents a \n                                document that relates or purports to \n                                relate to the alien's eligibility to \n                                enter the United States, and fails to \n                                present such document to an immigration \n                                officer upon arrival at a port of entry \n                                into the United States, is \n                                excludable.''.\n    (b) Availability of Asylum and Other Discretionary Relief.--\n            (1) Section 208 of the Immigration and Nationality Act (8 \n        U.S.C. 1158) is amended by adding at the end the following new \n        subsection:\n    ``(e)(1) Application of Fraud Exclusion.--Notwithstanding \nsubsection (a) and except as provided in paragraph (2), any alien who \nis excludable under section 212(a)(6)(C)(iii) or section \n212(a)(7)(A)(i) may not apply for or be granted asylum.\n    ``(2) Exception.--The limitation under paragraph (1) shall not \napply if the action upon which the exclusion is based was pursuant to \ndirect departure from a country in which (A) the alien has a credible \nfear of persecution, or (B) there is a significant danger that the \nalien would be returned to a country in which the alien would have a \ncredible fear of persecution.\n    ``(3) Definition.--As used in this subsection, the term `credible \nfear of persecution' means (A) that it is more probable than not that \nthe statements made by the alien in support of his or her claim are \ntrue, and (B) that there is a significant possibility, in light of such \nstatements and of such other facts as are known to the officer about \ncountry conditions, that the alien could establish eligibility as a \nrefugee within the meaning of section 101(a)(42)(A).''.\n            (2) Section 212(c) of the Immigration and Nationality Act \n        (8 U.S.C. 1182(c)) is amended in the third sentence by \n        inserting before the period ``or to any alien who is excludable \n        pursuant to section 212(a)(6)(C)(iii)''.\n\nSEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.\n\n    Section 235(b) of the Immigration and Nationality Act (8 U.S.C. \n1225(b)) is amended to read as follows:\n    ``(b) Inspection and Exclusion by Immigration Officers.--\n            ``(1) An immigration officer shall inspect each alien who \n        is seeking entry to the United States.\n            ``(2)(A) If the examining immigration officer determines \n        that an alien seeking entry--\n                    ``(i)(I) is excludable under section \n                212(a)(6)(C)(iii), or\n                    ``(II) is excludable under section 212(a)(7)(A)(i),\n                    ``(ii) does not have any reasonable basis for legal \n                entry into the United States, and\n                    ``(iii) does not indicate an intention to apply for \n                asylum under section 208,\n        the alien shall be specially excluded from entry into the \n        United States without a hearing.\n            ``(B) The examining immigration officer shall refer to an \n        immigration officer, specially trained to conduct interviews \n        and make determinations bearing on eligibility for asylum, any \n        alien who is (i) excludable under section 212(a)(6)(C)(iii) or \n        section 212(a)(7)(A) (i) and (ii) who has indicated an \n        intention to apply for asylum. Such an alien shall not be \n        considered to have entered the United States for purposes of \n        this Act.\n            ``(C) An alien under subparagraph (B) who is determined by \n        an immigration officer, specially trained to conduct interviews \n        and make determinations bearing on eligibility for asylum, to \n        be excludable and ineligible for the exception under section \n        208(e)(2), shall be specially excluded and deported from the \n        United States without further hearing.\n            ``(3)(A) Except as provided in subparagraph (B), if the \n        examining immigration officer determines that an alien seeking \n        entry is not clearly and beyond a doubt entitled to enter, the \n        alien shall be detained for a hearing before an immigration \n        judge.\n            ``(B) The provisions of subparagraph (A) shall not apply--\n                    ``(i) to an alien crewman,\n                    ``(ii) to an alien described in paragraph (2)(A) or \n                (2)(C), or\n                    ``(iii) if the conditions described in section \n                273(d) exist.\n            ``(4) The decision of the examining immigration officer, if \n        favorable to the admission of any alien, shall be subject to \n        challenge by any other immigration officer and such challenge \n        shall operate to take the alien, whose privilege to enter is so \n        challenged, before an immigration judge for a hearing on \n        exclusion of the alien.\n            ``(5) The Attorney General shall establish procedures that \n        ensure that aliens are not specially excluded under paragraph \n        (2)(A) without an inquiry into their reasons for seeking entry \n        into the United States.\n            ``(6)(A) Subject to subparagraph (B), an alien has not \n        entered the United States for purposes of this Act unless and \n        until such alien has been inspected and admitted by an \n        immigration officer pursuant to this subsection.\n            ``(B) An alien who (i) is physically present in the United \n        States, (ii) has been physically present in the United States \n        for a continuous period of one year, and (iii) has not been \n        inspected and admitted by an immigration officer may be said to \n        have entered the United States without inspection. Such an \n        alien is subject to deportation pursuant to section \n        241(a)(1)(B).''.\n\nSEC. 4. JUDICIAL REVIEW.\n\n    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) \n(as amended by section 3) is amended by adding after subsection (c) the \nfollowing new subsections:\n    ``(d) Habeas Corpus Review.--Notwithstanding any other provision of \nlaw, no court shall have jurisdiction to review, except by petition for \nhabeas corpus, any determination made with respect to an alien found \nexcludable pursuant to section 212(a)(6)(C)(iii) or section \n212(a)(7)(A)(i). In any such case, review by habeas corpus shall be \nlimited to examination of whether the petitioner (1) is an alien, and \n(2) was ordered excluded from the United States pursuant to section \n235(b)(2).\n    ``(e) Other Limits on Judicial Review and Action.--Notwithstanding \nany other provision of law, no court shall have jurisdiction (1) to \nreview the procedures established by the Attorney General for the \ndetermination of exclusion pursuant to section 212(a)(6)(C)(iii) or \nsection 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive \nrelief with respect to the implementation of subsection (b)(2). \nRegardless of the nature of the suit or claim, no court shall have \njurisdiction except by habeas corpus petition as provided in subsection \n(d) to consider the validity of any adjudication or determination of \nspecial exclusion or to provide declaratory or injunctive relief with \nrespect to the special exclusion of any alien.\n    ``(f) Collateral Enforcement Proceedings.--In any action brought \nfor the assessment of penalties for improper entry or re-entry of an \nalien under section 275 or 276, no court shall have jurisdiction to \nhear claims collaterally attacking the validity of orders of exclusion, \nspecial exclusion, or deportation entered under sections 235, 236, and \n242.''.\n\nSEC. 5. CONFORMING AMENDMENTS.\n\n    Section 237(a) of the Immigration and Nationality Act (8 U.S.C. \n1227(a)) is amended--\n            (1) in the second sentence of paragraph (1) by striking out \n        ``Deportation'' and inserting in lieu thereof ``Subject to \n        section 235(b)(2), deportation''; and\n            (2) in the first sentence of paragraph (2) by striking out \n        ``If'' and inserting in lieu thereof ``Subject to section \n        235(b)(2), if''.\n\nSEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.\n\n    Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. \n1324(a)(1)) is amended by striking ``five years'' and inserting ``ten \nyears''.\n\nSEC. 7. EFFECTIVE DATE.\n\n    Except as otherwise provided, the amendments made by this Act shall \ntake effect on the date of the enactment of this Act and shall apply to \naliens who arrive in or seek admission to the United States on or after \nsuch date.","title":""}
+{"_id":"c182","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Executive Appointee Ethics \nImprovement Act''.\n\nSEC. 2. AMENDMENTS TO SECTION 207 OF TITLE 18.\n\n    (a) Extension of Post-Employment Ban on Lobbying for Certain Former \nGovernment Employees.--Section 207 of title 18, United States Code, is \namended--\n            (1) in subsection (c)--\n                    (A) in the subsection heading, by striking ``One-\n                year'' and inserting ``Two-Year'';\n                    (B) in paragraph (1)--\n                            (i) by striking ``within 1 year after'' and \n                        inserting ``within 2 years after''; and\n                            (ii) by striking ``within 1 year before \n                        such termination''; and\n                    (C) in paragraph (2), by adding at the end the \n                following:\n            ``(D) Not later than 30 days after a waiver is granted \n        under subparagraph (C), the waiver shall be published in the \n        Federal Register and accompanied by a signed statement by the \n        Director of the Office of Government Ethics describing in \n        detail the reasons for providing such waiver unless such a \n        description would compromise national security.'';\n            (2) in subsection (d)(1), in the matter following \n        subparagraph (C), by striking ``within 2 years'' and inserting \n        ``within 5 years''; and\n            (3) in subsection (d)(2)(A), by striking ``in such \n        position'' and all that follows through ``terminated''.\n    (b) Lifetime Ban on Representation of Foreign Entities for Certain \nHigh-Level Former Employees.--Section 207(f) of such title is amended--\n            (1) in paragraph (1), by inserting ``(or, in the case of an \n        individual described in paragraph (2), at any time)'' after \n        ``within 1 year'';\n            (2) in paragraph (2), by striking ``paragraph (1)'' and \n        inserting ``paragraphs (1) and (2)'';\n            (3) by redesignating paragraphs (2) and (3) as paragraphs \n        (3) and (4); and\n            (4) by inserting after paragraph (1) the following new \n        paragraph:\n            ``(2) Description of individuals subject to lifetime ban.--\n        An individual described in this paragraph is any individual who \n        was--\n                    ``(A) employed in a position described under \n                sections 5312 through 5316 of title 5, United States \n                Code (relating to the Executive Schedule);\n                    ``(B) a limited term appointee, limited emergency \n                appointee, or noncareer appointee in the Senior \n                Executive Service, as defined under paragraphs (5), \n                (6), and (7), respectively, of section 3132(a) of title \n                5, United States Code; or\n                    ``(C) employed in a position of a confidential or \n                policy-determining character under schedule C of \n                subpart C of part 213 of title 5 of the Code of Federal \n                Regulations.''.\n\nSEC. 3. PROHIBITION ON PARTICIPATION IN MATTER RELATING TO PREVIOUS \n              EMPLOYMENT.\n\n    (a) In General.--Chapter 11 of title 18, United States Code, is \namended by inserting after section 219 the following new section:\n``Sec. 220. Prohibition on participation in matter relating to previous \n              employment\n    ``(a) During the 2-year period beginning on the date an individual \nis appointed to a covered position at an agency, any such individual \nwho has not received a waiver under subsection (b)--\n            ``(1) who participates in any particular matter involving \n        specific parties that is directly and substantially related to \n        the individual's former employer or former clients, or\n            ``(2) with respect to any such individual who was a \n        registered lobbyist under the Lobbying Disclosure Act of 1995, \n        or who was not a registered lobbyist under such Act but who \n        engaged in lobbying activity as defined in subsection (c), \n        during the 2-year period preceding the date of such \n        appointment, who--\n                    ``(A) participates in any particular matter on \n                which the individual made a lobbying contact (in the \n                case of a registered lobbyist under such Act), or \n                engaged in such activity, during such 2-year period,\n                    ``(B) participates in the specific issue area in \n                which such particular matter falls, or\n                    ``(C) seeks or accepts employment with any agency \n                with respect to which the individual made a lobbying \n                contact (in the case of a registered lobbyist under \n                such Act), or engaged in such activity, during such 2-\n                year period,\nshall be punished as provided in section 216 of this title.\n    ``(b)(1) The Director of the Office of Management and Budget, in \nconsultation with the Counsel to the President, may waive the \nrequirements of subsection (a) with respect to any individual covered \nby such subsection if the Director certifies, in writing, to the \nCommittee on Oversight and Government Reform of the House of \nRepresentatives, the Committee on Homeland Security and Governmental \nAffairs of the Senate, and the appropriate congressional committees of \njurisdiction, that it is in the public interest to grant the waiver.\n    ``(2) For purposes of carrying out paragraph (1)--\n            ``(A) the public interest includes exigent circumstances \n        relating to public health, public safety, or national security;\n            ``(B) de minimis contact with an agency shall be cause for \n        a waiver of subsection (a)(2); and\n            ``(C) any waiver shall take effect when the certification \n        is published in the Federal Register, accompanied by a signed \n        statement by the Director describing in detail the reasons for \n        providing the waiver unless such a description would compromise \n        national security.\n    ``(c)(1) In this section, the term `lobbying activity' means, with \nrespect to an individual, knowingly making, with the intent to \ninfluence, any communication to or appearance before any officer or \nemployee of the Federal Government on behalf of another person as an \nemployee of a lobbying firm or lobbying organization, in connection \nwith any matter on which such person seeks official action by such \nofficer or employee of the Federal Government. The previous sentence \napplies only with respect to an individual who spends greater than 20% \nof the individual's time as an employee of a lobbying firm or lobbying \norganization engaged in such lobbying activity.\n    ``(2) In paragraph (1), the term `lobbying firm' means any firm, \ncorporation, or limited liability company in which--\n            ``(A) employees of the firm in the aggregate make 2 or more \n        lobbying contacts at any time on behalf of a particular client; \n        and\n            ``(B) the firm receives or expects to receive from a \n        particular client for matters related to lobbying activities at \n        least the amount specified in section 4(a)(3)(A) of the \n        Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) in the \n        quarterly period during which registration would be made under \n        such Act.\n    ``(3) In paragraph (1), the term `lobbying organization' includes \nany organization in which--\n            ``(A) employees of the firm in the aggregate make 2 or more \n        lobbying contacts at any time on its behalf; and\n            ``(B) the organization expends in connection with lobbying \n        activities at least the amount specified in section 4(a)(3)(B) \n        of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) \n        in the quarterly period during which registration would be made \n        under such Act.\n    ``(4) In this subsection, the term `employee' has the meaning given \nsuch term in section 3(5) of the Lobbying Disclosure Act of 1995 (2 \nU.S.C. 1602(5)).\n    ``(d) In this section, the following definitions apply:\n            ``(1) The term `agency' means an `Executive agency' (as \n        that term is defined in section 105 of title 5), the Executive \n        Office of the President, the United States Postal Service, and \n        the Postal Regulatory Commission, but does not include the \n        Government Accountability Office.\n            ``(2) The term `covered position'--\n                    ``(A) means any--\n                            ``(i) full-time, non-career position which \n                        requires appointment by the President or Vice-\n                        President;\n                            ``(ii) non-career position within the \n                        Senior Executive Service or other SES-type \n                        system; or\n                            ``(iii) position that has been excepted \n                        from the competitive service by reason of being \n                        of a confidential or policymaking character, \n                        including positions under schedule C of subpart \n                        C of part 213 of title 5 of the Code of Federal \n                        Regulations; and\n                    ``(B) does not include any individual appointed as \n                a member of the Senior Foreign Service or solely as a \n                uniformed service commissioned officer.\n            ``(3) The term `directly and substantially related to \n        former employer or former clients' means matters in which the \n        individual's former employer or a former client is a party or \n        represents a party.\n            ``(4) The term `former client' means any person for whom \n        the individual served personally as agent, attorney, or \n        consultant, but does include instances where the service \n        provided was limited to a speech or similar appearance or \n        clients of the individual's former employer to whom the \n        individual did not personally provide services.\n            ``(5) The term `former employer' means any person for whom \n        the individual has within the 2 years prior to the date of \n        appointment served as an employee, officer, director, trustee, \n        or general partner, but does not include any agency or other \n        entity of the Federal Government, Native American tribe, or any \n        United States territory or possession.\n            ``(6) The term `lobbying contact' has the meaning given \n        such term in section 3(8) of the Lobbying Disclosure Act of \n        1995 (2 U.S.C. 1602(8)).\n            ``(7) The term `particular matter' has the meaning given \n        that term in section 207 and section 2635.402(b)(3) of title 5, \n        Code of Federal Regulations, or any successor regulation.\n            ``(8) The term `participate' means to participate \n        personally and substantially.\n            ``(9) The term `particular matter involving specific \n        parties' has the meaning as set forth in section 2641.201(h) of \n        title 5, Code of Federal Regulations, or any successor \n        regulation, except that it shall also include any meeting or \n        other communication relating to the performance of an \n        individual's official duties with a former employer or former \n        client, unless the communication applies to a particular matter \n        of general applicability and participation in the meeting or \n        other event is open to all interested parties.''.\n    (b) Clerical Amendment.--The table of sections of chapter 11 of \ntitle 18, United States Code, is amended by inserting after the item \nrelating to section 219 the following new item:\n\n``220. Prohibition on participation in matter relating to previous \n                            employment.''.\n    (c) Application.--The amendments made after subsection (a) shall \napply to any individual appointed to a covered position (as that term \nis defined in section 220(d)(2) of title 18, United States Code, as \nadded by such subsection) after the date of enactment of this Act.","title":""}
+{"_id":"c183","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Executive Cyberspace Coordination \nAct of 2015''.\n\nSEC. 2. NATIONAL OFFICE FOR CYBERSPACE.\n\n    (a) Coordination of Federal Information Policy.--Subchapter II of \nchapter 35 of title 44, United States Code, is amended--\n            (1) in section 3552(b), by adding at the end the following \n        new paragraphs:\n            ``(8) The term `Director' means the Director of the \n        National Office for Cyberspace.\n            ``(9) The term `information infrastructure' means the \n        underlying framework that information systems and assets rely \n        on in processing, storing, or transmitting information \n        electronically.'';\n            (2) in section 3553--\n                    (A) in subsection(a)--\n                            (i) in paragraph (5), by striking ``; and'' \n                        and inserting a semicolon;\n                            (ii) in paragraph (6), by striking the \n                        period at the end and inserting a semicolon; \n                        and\n                            (iii) by inserting after paragraph (6) the \n                        following new paragraphs:\n            ``(7) reviewing at least annually, and approving or \n        disapproving, agency information security programs required \n        under section 3554(b);\n            ``(8) coordinating the defense of information \n        infrastructure operated by agencies in the case of a large-\n        scale attack on information infrastructure, as determined by \n        the Director;\n            ``(9) coordinating information security training for \n        Federal employees with the Office of Personnel Management;\n            ``(10) ensuring the adequacy of protections for privacy and \n        civil liberties in carrying out the responsibilities of the \n        Director under this subchapter;\n            ``(11) making recommendations that the Director determines \n        are necessary to ensure risk-based security of the Federal \n        information infrastructure and information infrastructure that \n        is owned, operated, controlled, or licensed for use by, or on \n        behalf of, the Department of Defense, a military department, or \n        another element of the intelligence community to--\n                    ``(A) the Director of the Office of Management and \n                Budget;\n                    ``(B) the head of an agency; or\n                    ``(C) to Congress with regard to the reprogramming \n                of funds;\n            ``(12) ensuring, in consultation with the Administrator of \n        the Office of Information and Regulatory Affairs, that the \n        efforts of agencies relating to the development of regulations, \n        rules, requirements, or other actions applicable to the \n        national information infrastructure are complementary;\n            ``(13) when directed by the President, carrying out the \n        responsibilities for national security and emergency \n        preparedness communications described in section 706 of the \n        Communications Act of 1934 (47 U.S.C. 606) to ensure \n        integration and coordination; and\n            ``(14) as assigned by the President, other duties relating \n        to the security and resiliency of cyberspace.'';\n            (3) by adding at the end of section 3554, the following new \n        subsection:\n    ``(f) Budget Assessment and Reporting.--\n            ``(1) Agency submission.--The head of each agency shall \n        submit to the Director a budget each year for the following \n        fiscal year relating to the protection of information \n        infrastructure for such agency, by a date determined by the \n        Director that is before July 1 of each year. Such budget shall \n        include--\n                    ``(A) a review of any threats to information \n                technology for such agency;\n                    ``(B) a plan to secure the information \n                infrastructure for such agency based on threats to \n                information technology, using the National Institute of \n                Standards and Technology guidelines and \n                recommendations;\n                    ``(C) a review of compliance by such agency with \n                any previous year plan described in subparagraph (B); \n                and\n                    ``(D) a report on the development of the \n                credentialing process to enable secure authentication \n                of identity and authorization for access to the \n                information infrastructure of such agency.\n            ``(2) Assessment and certification.--The Director shall \n        assess and certify the adequacy of each budget submitted under \n        paragraph (1).\n            ``(3) Agency recommendations.--Not later than July 1 of \n        each year, the Director shall submit to the head of each agency \n        budget recommendations, including requests for specific \n        initiatives that are consistent with the priorities of the \n        President relating to the protection of information \n        infrastructure. Such budget recommendations shall--\n                    ``(A) apply to the next budget year scheduled for \n                formulation under chapter 11 of title 31, and each of \n                the 4 subsequent fiscal years; and\n                    ``(B) address funding priorities developed in the \n                National Office for Cyberspace.\n            ``(4) Recommendations to the president.--The Director shall \n        make recommendations to the President that the Director \n        determines are appropriate regarding changes in the \n        organization, management, and budget of each agency relating to \n        the protection of information infrastructure in each such \n        agency, and changes in the allocation of personnel to and \n        within such agency, including monetary penalties or incentives \n        necessary to encourage and maintain accountability of any \n        agency, or senior agency official, for efforts to secure the \n        information infrastructure of such agency.''; and\n            (4) by adding at the end the following new section:\n``Sec. 3559. National Office for Cyberspace\n    ``(a) Establishment.--There is established within the Executive \nOffice of the President an office to be known as the National Office \nfor Cyberspace.\n    ``(b) Director.--\n            ``(1) In general.--There shall be at the head of the \n        National Office for Cyberspace a Director, who shall be \n        appointed by the President by and with the advice and consent \n        of the Senate. The Director of the National Office for \n        Cyberspace shall administer all functions designated to such \n        Director under section 3553 and collaborate to the extent \n        practicable with the heads of appropriate agencies, the private \n        sector, and international partners. The Office shall serve as \n        the principal office for coordinating issues relating to \n        cyberspace, including achieving an assured, reliable, secure, \n        and survivable information infrastructure and related \n        capabilities for the Federal Government, while promoting \n        national economic interests, security, and civil liberties.\n            ``(2) Basic pay.--The Director of the National Office for \n        Cyberspace shall be paid at the rate of basic pay for level III \n        of the Executive Schedule.\n    ``(c) Staff.--The Director of the National Office for Cyberspace \nmay appoint and fix the pay of additional personnel as the Director \nconsiders appropriate.\n    ``(d) Experts and Consultants.--The Director of the National Office \nfor Cyberspace may procure temporary and intermittent services under \nsection 3109(b) of title 5.''.\n    (b) Technical and Conforming Amendments.--The table of sections for \nsubchapter II of chapter 35 of title 44, United States Code, is amended \nby adding at the end the following:\n\n        ``3559. National Office for Cyberspace.''.\n    (c) National Strategy Required.--Not later than one year after the \ndate of the enactment of this Act, the Director of the National Office \nfor Cyberspace shall establish a national strategy for improving agency \ninformation security.\n    (d) Effective Date.--This section, and the amendments made by this \nsection, shall take effect 180 days after the date of the enactment of \nthis Act.","title":""}
+{"_id":"c184","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Expatriate Health Coverage \nClarification Act of 2014''.\n\nSEC. 2. TREATMENT OF EXPATRIATE HEALTH PLANS UNDER ACA.\n\n    (a) In General.--Subject to subsection (b), the provisions of \n(including any amendment made by) the Patient Protection and Affordable \nCare Act (Public Law 111-148) and of title I and subtitle B of title II \nof the Health Care and Education Reconciliation Act of 2010 (Public Law \n111-152) shall not apply with respect to--\n            (1) expatriate health plans;\n            (2) employers with respect to any such plans for which such \n        employers are acting as plan sponsors; or\n            (3) expatriate health insurance issuers with respect to \n        coverage offered by such issuers under such plans.\n    (b) Minimum Essential Coverage and Eligible Employer-Sponsored \nPlan.--For purposes of section 5000A(f) of the Internal Revenue Code of \n1986, and any other section of the Internal Revenue Code of 1986 that \nincorporates the definition of minimum essential coverage provided \nunder such section 5000A(f) by reference, coverage under an expatriate \nhealth plan shall be deemed to be minimum essential coverage under an \neligible employer-sponsored plan as defined in paragraph (2) of such \nsection.\n    (c) Qualified Expatriates and Dependents Not United States Health \nRisk.--\n            (1) In general.--For purposes of section 9010 of the \n        Patient Protection and Affordable Care Act (26 U.S.C. 4001 note \n        prec.), for calendar years after 2014, a qualified expatriate \n        (and any dependent of such individual) enrolled in an \n        expatriate health plan shall not be considered a United States \n        health risk.\n            (2) Special rule for 2014.--The fee under section 9010 of \n        such Act for calendar year 2014 with respect to any expatriate \n        health insurance issuer shall be the amount which bears the \n        same ratio to the fee amount determined by the Secretary of the \n        Treasury with respect to such issuer under such section for \n        such year (determined without regard to this paragraph) as--\n                    (A) the amount of premiums taken into account under \n                such section with respect to such issuer for such year, \n                less the amount of premiums for expatriate health plans \n                taken into account under such section with respect to \n                such issuer for such year, bears to\n                    (B) the amount of premiums taken into account under \n                such section with respect to such issuer for such year.\n    (d) Definitions.--In this section:\n            (1) Expatriate health insurance issuer.--The term \n        ``expatriate health insurance issuer'' means a health insurance \n        issuer that issues expatriate health plans.\n            (2) Expatriate health plan.--The term ``expatriate health \n        plan'' means a group health plan, health insurance coverage \n        offered in connection with a group health plan, or health \n        insurance coverage offered to a group of individuals described \n        in paragraph (3)(B) (which may include dependents of such \n        individuals) that meets each of the following standards:\n                    (A) Substantially all of the primary enrollees in \n                such plan or coverage are qualified expatriates, with \n                respect to such plan or coverage. In applying the \n                previous sentence, an individual shall not be taken \n                into account as a primary enrollee if the individual is \n                not a national of the United States and resides in the \n                country of which the individual is a citizen.\n                    (B) Substantially all of the benefits provided \n                under the plan or coverage are not excepted benefits \n                described in section 9832(c) of the Internal Revenue \n                Code of 1986.\n                    (C) The plan or coverage provides benefits for \n                items and services, in excess of emergency care, \n                furnished by health care providers--\n                            (i) in the case of individuals described in \n                        paragraph (3)(A), in the country or countries \n                        in which the individual is present in \n                        connection with the individual's employment, \n                        and such other country or countries as the \n                        Secretary of Health and Human Services, in \n                        consultation with the Secretary of the Treasury \n                        and the Secretary of Labor, may designate; or\n                            (ii) in the case of individuals described \n                        in paragraph (3)(B), in the country or \n                        countries as the Secretary of Health and Human \n                        Services, in consultation with the Secretary of \n                        the Treasury and the Secretary of Labor, may \n                        designate.\n                    (D) In the case of an expatriate health plan that \n                is a group health plan offered by a plan sponsor that--\n                            (i) also offers a qualifying minimum value \n                        domestic group health plan, the plan sponsor \n                        reasonably believes that the benefits provided \n                        by the expatriate health plan are actuarially \n                        similar to, or better than, the benefits \n                        provided under a qualifying minimum value \n                        domestic group health plan offered by that plan \n                        sponsor; or\n                            (ii) does not also offer a qualifying \n                        minimum value domestic group health plan, the \n                        plan sponsor reasonably believes that the \n                        benefits provided by the expatriate health plan \n                        are actuarially similar to, or better than, the \n                        benefits provided under a qualifying minimum \n                        value domestic group health plan.\n                    (E) If the plan or coverage provides dependent \n                coverage of children, the plan or coverage makes such \n                dependent coverage available for adult children until \n                the adult child turns 26 years of age, unless such \n                individual is the child of a child receiving dependent \n                coverage.\n                    (F) The plan or coverage--\n                            (i) is issued by an expatriate health plan \n                        issuer, or administered by an administrator, \n                        that maintains, with respect to such plan or \n                        coverage--\n                                    (I) network provider agreements \n                                with health care providers that are \n                                outside of the United States; and\n                                    (II) call centers in more than one \n                                country and accepts calls from \n                                customers in multiple languages; and\n                            (ii) offers reimbursements for items or \n                        services under such plan or coverage in more \n                        than two currencies.\n                    (G) The plan or coverage, and the plan sponsor or \n                expatriate health insurance issuer with respect to such \n                plan or coverage, satisfies the provisions of title \n                XXVII of the Public Health Service Act (42 U.S.C. 300gg \n                et seq.), chapter 100 of the Internal Revenue Code of \n                1986, and part 7 of subtitle B of title I of the \n                Employee Retirement Income Security Act of 1974 (29 \n                U.S.C. 1181 et seq.), which would otherwise apply to \n                such a plan or coverage, and sponsor or issuer, if not \n                for the enactment of the Patient Protection and \n                Affordable Care Act and title I and subtitle B of title \n                II of the Health Care and Education Reconciliation Act \n                of 2010.\n            (3) Qualified expatriate.--The term ``qualified \n        expatriate'' means any of the following individuals:\n                    (A) Workers.--An individual who is a participant in \n                a group health plan, who is an alien residing outside \n                the United States, a national of the United States, \n                lawful permanent resident, or nonimmigrant for whom \n                there is a good faith expectation by the plan sponsor \n                of the plan that, in connection with the individual's \n                employment, the individual is abroad for a total of not \n                less than 180 days during any period of 12 consecutive \n                months.\n                    (B) Other individuals abroad.--An individual, such \n                as a student or religious missionary, who is abroad, \n                and who is a member of a group determined appropriate \n                by the Secretary of Health and Human Services, in \n                consultation with the Secretary of the Treasury and the \n                Secretary of Labor.\n            (4) Qualifying minimum value domestic group health plan.--\n        The term ``qualifying minimum value domestic group health \n        plan'' means a group health plan that is offered in the United \n        States that meets the following requirements:\n                    (A) Substantially all of the primary enrollees in \n                the plan are not qualified expatriates, with respect to \n                such plan.\n                    (B) Substantially all of the benefits provided \n                under the plan are not excepted benefits described in \n                section 9832(c) of the Internal Revenue Code of 1986.\n                    (C) The application of section 36B(c)(2)(C)(ii) of \n                such Code to such plan would not prevent an employee \n                eligible for coverage under such plan from being \n                treated as eligible for minimum essential coverage for \n                purposes of section 36B(c)(2)(B) of such Code.\n            (5) Abroad.--\n                    (A) United states nationals.--\n                            (i) In general.--Except as provided in \n                        clause (ii), for purposes of applying paragraph \n                        (3) to a national of the United States, the \n                        term ``abroad'' means outside the 50 States, \n                        the District of Columbia, and Puerto Rico.\n                            (ii) Special rule.--For purposes of \n                        applying paragraph (3) to a national of the \n                        United States who resides in the United States \n                        Virgin Islands, the Commonwealth of the \n                        Northern Mariana Islands, American Samoa, or \n                        Guam, the term ``abroad'' means outside of the \n                        50 States, the District of Columbia, Puerto \n                        Rico, and such territory or possession.\n                    (B) Foreign citizens.--For purposes of applying \n                paragraph (3) to an individual who is not a national of \n                the United States, the term ``abroad'' means outside of \n                the country of which that individual is a citizen.\n            (6) United states.--The term ``United States'' means the 50 \n        States, the District of Columbia, Puerto Rico, the United \n        States Virgin Islands, the Commonwealth of the Northern Mariana \n        Islands, American Samoa, and Guam.\n            (7) Miscellaneous terms.--\n                    (A) Group health plan; health insurance coverage; \n                health insurance issuer; plan sponsor.--The terms \n                ``group health plan'', ``health insurance coverage'', \n                ``health insurance issuer'', and ``plan sponsor'' have \n                the meanings given those terms in section 2791 of the \n                Public Health Service Act (42 U.S.C. 300gg-91), except \n                that in applying such terms under this section the term \n                ``health insurance issuer'' includes a foreign \n                corporation which is predominantly engaged in an \n                insurance business and which would be subject to tax \n                under subchapter L of chapter 1 of the Internal Revenue \n                Code of 1986 if it were a domestic corporation.\n                    (B) Foreign state; national of the united states; \n                nonimmigrant; reside; lawful permanent resident.--The \n                terms ``national of the United States'', and \n                ``nonimmigrant'' have the meaning given such terms in \n                section 101(a) of the Immigration and Nationality Act \n                (8 U.S.C. 1101(a)), the term ``reside'' means having a \n                residence (within the meaning of such term in such \n                section), and the term ``lawful permanent resident'' \n                means an alien lawfully admitted for permanent \n                residence (as defined in such section).\n\n            Passed the House of Representatives April 29, 2014.\n\n            Attest:\n\n                                                 KAREN L. HAAS,\n\n                                                                 Clerk.","title":""}
+{"_id":"c185","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Fair Elections Act of 1993''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n    (a) Findings.--The Congress makes the following findings:\n            (1) Voting participation in the United States is lower than \n        in any other advanced industrialized democracy.\n            (2) The rights of eligible citizens to seek election to \n        office, vote for candidates of their choice and associate for \n        the purpose of taking part in elections, including the right to \n        create and develop new political parties, are fundamental in a \n        democracy. The rights of citizens to participate in the \n        election process, provided in and derived from the first and \n        fourteenth amendments to the Constitution, having consistently \n        been promoted and protected by the Federal Government. These \n        rights include the right to cast an effective vote and the \n        right to associate for the advancement of political beliefs, \n        which includes the ``constitutional right . . . to create and \n        develop new political parties.'' Norman v. Reed, 502 \n        U.S.______, 112 S.Ct. 699 (1992). It is the duty of the Federal \n        Government to see that these rights are not impaired in \n        elections for Federal office.\n            (3) Certain restrictions on access to the ballot impair the \n        ability of citizens to exercise these rights and have a direct \n        and damaging effect on citizens' participation in the electoral \n        process.\n            (4) Many States unduly restrict access to the ballot by \n        nonmajor party candidates and nonmajor political parties by \n        means of such devices as excessive petition signature \n        requirements, insufficient petitioning periods, \n        unconstitutionally early petition filing deadlines, petition \n        signature distribution criteria, discriminatory petition \n        signature fees, and limitations on eligibility to circulate and \n        sign petitions.\n            (5) Many States require political parties to poll an unduly \n        high number of votes or to register an unduly high number of \n        voters as a precondition for remaining on the ballot.\n            (6) In 1983, the Supreme Court ruled unconstitutional an \n        Ohio law requiring a nonmajor party candidate for President to \n        qualify for the general election ballot earlier than major \n        party candidates. This Supreme Court decision, Anderson v. \n        Celebrezze, 460 U.S. 780 (1983) has been followed by many lower \n        courts in challenges by nonmajor parties and candidates to \n        early petition filing deadlines. See, e.g., Stoddard v. Quinn, \n        593 F. Supp. 300 (D.Me. 1984); Cripps v. Seneca County Board of \n        Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); Libertarian Party \n        of Nevada v. Swackhamer, 638 F. Supp. 565 (D. Nev. 1986); \n        Cromer v. State of South Carolina, 917 F.2d 819 (4th Cir. \n        1990); New Alliance Party of Alabama v. Hand, 933 F. 2d 1568 \n        (11th Cir. 1991).\n            (7) In 1992, 26 States still required nonmajor party \n        candidates for President to qualify for the ballot before the \n        second major party national convention (California, Colorado, \n        Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, \n        Kansas, Maine, Maryland, Michigan, Missouri, Montana, North \n        Carolina, Nevada, New Hampshire, New Jersey, Oklahoma, \n        Pennsylvania, South Carolina, South Dakota, Texas, Washington, \n        West Virginia). Nine of these States required nonmajor party \n        candidates to qualify before the first major party national \n        convention (Florida, Georgia, Indiana, Maine, Michigan, Nevada, \n        North Carolina, Oklahoma, Texas).\n            (8) In 1992, nonmajor party candidates for President had to \n        obtain 806,401 petition signatures to be listed on the ballots \n        of all 50 States and the District of Columbia--32 times more \n        signatures than the 25,500 required of Democratic Party \n        candidates and 15 times more signatures than the 54,250 \n        required of Republican Party candidates. To be listed on the \n        ballot in all 50 States and the District of Columbia with a \n        party label, nonmajor party candidates for President had to \n        obtain approximately 649,092 petition signatures and 79,136 \n        registrants. In 1992, 32 of the 41 States that held \n        Presidential primaries required no signatures of major party \n        candidates for President (Arkansas, California, Colorado, \n        Connecticut, Florida, Georgia, Idaho, Kansas, Kentucky, \n        Louisiana, Maryland, Massachusetts, Michigan, Minnesota, \n        Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, \n        North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, \n        South Carolina, South Dakota, Tennessee, Texas, Virginia, \n        Washington, West Virginia, Wisconsin). Only two States required \n        no signatures of nonmajor party candidates for President \n        (Arkansas and Louisiana; Louisiana, however, requires a $500 \n        filing fee).\n            (9) The number of petition signatures required by the \n        States to list a major party candidate for Senate on the ballot \n        in 1992 ranged from zero to 15,111. The number of petition \n        signatures required to list a nonmajor party candidate for \n        Senate ranged from zero to 180,935. Thirty-one States required \n        no signatures of major party candidates for Senate (Alabama, \n        Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, \n        Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland, \n        Massachusetts, Minnesota, Mississippi, Missouri, Montana, \n        Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, \n        Oklahoma, Oregon, South Carolina, Texas, Utah, Washington, West \n        Virginia, Wyoming). Only one State required no signatures of \n        nonmajor party candidates for Senate, provided they were \n        willing to be listed on the ballot without a party label \n        (Louisiana, although a $600 filing fee is required, and to run \n        with a party label, a candidate must register 106,146 voters \n        into his or her party).\n            (10) The number of petition signatures required by the \n        States to list a major party candidate for Congress on the \n        ballot in 1992 ranged from zero to 2,000. The number of \n        petition signatures required to list a nonmajor party candidate \n        for Congress ranged from zero to 12,252. Thirty-one States \n        required no signatures of major party candidates for Congress \n        (Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, \n        Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana, \n        Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, \n        Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, \n        Oregon, South Carolina, Texas, Utah, Washington, West Virginia, \n        Wyoming). Only one State required no signatures of nonmajor \n        party candidates for Congress, provided they were willing to be \n        listed on the ballot without a party label (Louisiana, although \n        a $600 filing fee is required).\n            (11) Eight States required additional signatures to list a \n        nonmajor party candidate for President on the ballot with a \n        party label (Alabama, Arizona, Idaho, Kansas, Nebraska, North \n        Dakota, Ohio, Tennessee). Thirteen States required additional \n        signatures to list a nonmajor party candidate for Senate or \n        Congress on the ballot with a party label (Alabama, Arizona, \n        Arkansas, California, Idaho, Hawaii, Kansas, Louisiana, North \n        Dakota, Nebraska, Ohio, Oregon, Tennessee). Two of these States \n        (Ohio and Tennessee, respectively) required 5,000 signatures \n        and 25 signatures, respectively, to list a nonmajor party \n        candidate for President or Senate on the ballot in 1992, but \n        required 34,777 signatures and 19,759 signatures, respectively, \n        to list the candidate on the ballot with her or his party \n        label. One State (California) required a nonmajor party to have \n        78,992 registrants in order to have its candidate for President \n        listed on the ballot with a party label.\n            (12) In 1992 one State (Arizona) required nonmajor party \n        candidates for President or Senate to obtain 10,555 signatures \n        in 10 days, but allowed major party candidates for Senate 45 \n        days to obtain approximately half that number of signatures, \n        and required no signatures of major party candidates for \n        President. Another State (California) required nonmajor party \n        candidates for President or Senate to obtain 134,781 signatures \n        in 105 days, but required major party candidates for Senate to \n        obtain only 65 signatures in 105 days, and required no \n        signatures of major party candidates for President. Another \n        State (Texas) required nonmajor party candidates for President \n        or Senate to obtain 38,900 signatures in 75 days, and required \n        no signatures of major party candidates for President or \n        Senate.\n            (13) Two States required all nonmajor party candidates to \n        pay fees of ten and five cents per petition signature, while \n        requiring no fees or signatures of major party candidates \n        (Florida and North Carolina, respectively).\n            (14) Seven States require nonmajor party candidates for \n        President or Senate to collect a certain number or percentage \n        of their petition signatures in each congressional district or \n        in a specified number of congressional districts (Michigan, \n        Missouri, Nebraska, New Hampshire, New York, North Carolina, \n        Virginia). Only three of these States impose a like requirement \n        on major party candidates for President or Senate (Michigan, \n        New York, Virginia).\n            (15) Twenty States restrict the circulation of petitions \n        for nonmajor party candidates to residents of those States \n        (California, Colorado, Connecticut, District of Columbia, \n        Idaho, Illinois, Kansas, Michigan, Missouri, Nebraska, Nevada, \n        New Jersey, New York, Ohio, Pennsylvania, South Dakota, Texas, \n        Virginia, West Virginia, Wisconsin). Three States restrict the \n        circulation of petitions for nonmajor party candidates to the \n        county or congressional district where the circulator lives \n        (Kansas, Nebraska, Virginia).\n            (16) Four States prohibit people who voted in a primary \n        election from signing petitions for nonmajor party candidates \n        (Nebraska, New York, Texas, West Virginia). Twelve States \n        restrict the signing of petitions to people who indicate intent \n        to support or vote for the candidate or party (California, \n        Delaware, Hawaii, Illinois, Indiana, Maryland, New Jersey, New \n        York, North Carolina, Ohio, Oregon, Utah). Five of these 12 \n        States require no petitions of major party candidates \n        (Delaware, Maryland, North Carolina, Oregon, Utah), and only \n        one of the six remaining States restricts the signing of \n        petitions for major party candidates to people who indicate \n        intent to support or vote for the candidate or party (New \n        Jersey).\n            (17) Restrictions on the ability of citizens to exercise \n        the rights identified in this subsection have \n        disproportionately impaired participation in the electoral \n        process by various groups, including racial minorities.\n            (18) The establishment of fair and uniform national \n        standards for access to the ballot in elections for Federal \n        office would remove barriers to the participation of citizens \n        in the electoral process and thereby facilitate such \n        participation and maximize the rights identified in this \n        subsection.\n            (19) The Congress has authority, under the provisions of \n        the Constitution of the United States in sections 4 and 8 of \n        article I, section 1 of article II, article VI, the thirteenth, \n        fourteenth, and fifteenth amendments, and other provisions of \n        the Constitution of the United States, to protect and promote \n        the exercise of the rights identified in this subsection.\n    (b) Purposes.--The purposes of this Act are--\n            (1) to establish fair and uniform standards regulating \n        access to the ballot by eligible citizens who desire to seek \n        election to Federal office and political parties, bodies, and \n        groups which desire to take part in elections for Federal \n        office; and\n            (2) to maximize the participation of eligible citizens in \n        elections for Federal office.\n\nSEC. 3. BALLOT ACCESS RIGHTS.\n\n    (a) An individual shall have the right to be placed as a candidate \non, or to have such individual's political party, body, or group \naffiliation in connection with such candidacy placed on, a ballot or \nsimilar voting materials to be used in a Federal election, if such \nindividual presents a petition stating in substance that the \nsignatories desire such individual's name and political party, body or \ngroup affiliation, if any, to be placed on the ballot or other similar \nvoting materials to be used in the Federal election with respect to \nwhich such rights are to be exercised, and\n            (1) with respect to a Federal election for the office of \n        President, Vice President, or Senator, such petition has a \n        number of signatures of persons qualified to vote for such \n        office equal to one-tenth of one percent of the number of \n        persons who voted in the most recent previous Federal election \n        for such office in the State, or 1,000 signatures, whichever is \n        greater;\n            (2) with respect to a Federal election for the office of \n        Representative in, or Delegate or Resident Commissioner to, the \n        Congress, such petition has a number of signatures of persons \n        qualified to vote for such office equal to one-half of one \n        percent of the number of persons who voted in the most recent \n        previous Federal election for such office, or, if there was no \n        previous Federal election for such office, 1,000 signatures;\n            (3) with respect to a Federal election the date of which \n        was fixed 345 or more days in advance, such petition was \n        circulated during a period beginning on the 345th day and \n        ending on the 75th day before the date of the election;\n            (4) with respect to a Federal election the date of which \n        was fixed less than 345 days in advance, such petition was \n        circulated during a period established by the State holding the \n        election, or, if no such period was established, during a \n        period beginning on the day after the date the election was \n        scheduled and ending on the tenth day before the date of the \n        election, provided, however, that the number of signatures \n        required under paragraph (1) or (2) shall be reduced by \\1\/\n        270\\th for each day less than 270 in such period.\n    (b) An individual shall have the right to be placed as a candidate \non, or to have such individual's political party, body, or group \naffiliation in connection with such candidacy placed on, a ballot or \nsimilar voting materials to be used in a Federal election, without \nhaving to satisfy any requirement relating to a petition under \nsubsection (a), if that or another individual, as a candidate of that \npolitical party, body, or group, received one percent of the votes cast \nin the most recent general Federal election for President or Senator in \nthat State.\n\nSEC. 4. RULEMAKING.\n\n    The Attorney General shall make rules to carry out this Act.\n\nSEC. 5. GENERAL DEFINITIONS.\n\n    As used in this Act--\n            (1) the term ``Federal election'' means a general or \n        special election for the office of--\n                    (A) President or Vice President;\n                    (B) Senator; or\n                    (C) Representative in, or Delegate or Resident \n                Commissioner to, the Congress;\n            (2) the term ``State'' means a State of the United States, \n        the District of Columbia, the Commonwealth of Puerto Rico, and \n        any other territory or possession of the United States; and\n            (3) the term ``individual'' means an individual who has the \n        qualifications required by law of a person who holds the office \n        for which such individual seeks to be a candidate.","title":""}
+{"_id":"c186","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Fairness for America's Servicemen \nand Women in Higher Education Act of 2003''.\n\nSEC. 2. REFUND POLICY.\n\n    Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C. \n1091b(b)(2)) is amended by adding at the end the following:\n                    ``(D) Students on active duty during a war or \n                national emergency.--Notwithstanding subparagraphs (A), \n                (B), and (C), a student who withdraws from an \n                institution of higher education to serve on active duty \n                during a war or national emergency shall not be \n                required to repay any grant assistance that is \n                otherwise required to be repayed under this section.''.\n\nSEC. 3. DEFERMENT DURING ACTIVE DUTY.\n\n    (a) FFEL Subsidized Loans.--Section 428(b)(1)(M) of the Higher \nEducation Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--\n            (1) in clause (ii), by striking ``or'' after the semicolon;\n            (2) in clause (iii), by inserting ``or'' after the \n        semicolon; and\n            (3) by inserting after clause (iii) the following:\n                            ``(iv) during which the borrower--\n                                    ``(I) is a member of a regular \n                                component on active duty during a war \n                                or during a national emergency declared \n                                by the President or Congress, and \n                                receives compensation described in \n                                section 112(a) of the Internal Revenue \n                                Code of 1986;\n                                    ``(II) is on active duty under \n                                section 688, 12301(a), 12301(d), \n                                12301(g), 12302, 12304, 12306, 12307, \n                                or 12406, or chapter 15 of title 10, \n                                United States Code, or any other \n                                provision of law, during a war or \n                                during a national emergency declared by \n                                the President or Congress, regardless \n                                of the location at which such active \n                                duty service is performed; or\n                                    ``(III) in the case of a member of \n                                the National Guard, is on full-time \n                                National Guard duty (as defined in \n                                section 101(d)(5) of title 10, United \n                                States Code) under a call to active \n                                service authorized by the President or \n                                the Secretary of Defense for a period \n                                of more than 30 consecutive days under \n                                section 12402 of title 10, United \n                                States Code, or section 502(f) of title \n                                32, United States Code, for purposes of \n                                responding to a national emergency \n                                declared by the President and supported \n                                by Federal funds.''.\n    (b) Direct Subsidized Loans.--Section 455(f)(2) of such Act (20 \nU.S.C. 1087e(f)(2)) is amended--\n            (1) by striking the period at the end of subparagraph (C) \n        and inserting ``; and''; and\n            (2) by adding at the end the following new subparagraph:\n                    ``(D) during which the borrower--\n                            ``(i) is a member of a regular component on \n                        active duty during a war or during a national \n                        emergency declared by the President or \n                        Congress, and receives compensation described \n                        in section 112(a) of the Internal Revenue Code \n                        of 1986;\n                            ``(ii) is on active duty under section 688, \n                        12301(a), 12301(d), 12301(g), 12302, 12304, \n                        12306, 12307, or 12406, or chapter 15 of title \n                        10, United States Code, or any other provision \n                        of law, during a war or during a national \n                        emergency declared by the President or \n                        Congress, regardless of the location at which \n                        such active duty service is performed; or\n                            ``(iii) in the case of a member of the \n                        National Guard, is on full-time National Guard \n                        duty (as defined in section 101(d)(5) of title \n                        10, United States Code) under a call to active \n                        service authorized by the President or the \n                        Secretary of Defense for a period of more than \n                        30 consecutive days under section 12402 of \n                        title 10, United States Code, or section 502(f) \n                        of title 32, United States Code, for purposes \n                        of responding to a national emergency declared \n                        by the President and supported by Federal \n                        funds.''.\n    (c) Consolidation Loans.--Section 428C(b)(4)(C)(ii) of the Higher \nEducation Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is amended--\n            (1) in subclause (II), by striking ``or'' after the \n        semicolon;\n            (2) in subclause (III), by striking ``or (II)'' and \n        inserting ``, (II) or (III)'';\n            (3) by redesignating subclause (III) (as so amended) as \n        subclause (IV); and\n            (4) by inserting after subclause (II) the following:\n                    ``(III) by the Secretary, in the case of a \n                consolidation loan of a student who is on an active \n                duty deferment under section 428(b)(1)(M)(iv); or''.\n    (d) FFEL Unsubsidized Loans.--Section 428H(e) of the Higher \nEducation Act of 1965 (20 U.S.C. 1078-8(e)) is amended by adding at the \nend the following:\n            ``(C) Notwithstanding subparagraph (A), interest on loans \n        made under this section for which payments of principal are \n        deferred because the student is on an active duty deferment \n        under section 428(b)(1)(M)(iv) shall be paid by the \n        Secretary.''.\n    (e) Direct Unsubsidized Loans.--Section 455(f) of such Act (20 \nU.S.C. 1087e(f)) is amended by adding at the end the following:\n            ``(5) Interest during active duty deferments.--\n        Notwithstanding paragraph (1)(B), interest on loans under this \n        part for which payments of principal are deferred because the \n        student is on an active duty deferment under paragraph (2)(D) \n        shall be paid by the Secretary.''.\n    (f) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education \nAct of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended--\n            (1) in clause (iii), by striking ``or'' after the \n        semicolon;\n            (2) in clause (iv), by inserting ``or'' after the \n        semicolon; and\n            (3) by inserting after clause (iv) the following:\n                            ``(v) during which the borrower--\n                                    ``(I) is a member of a regular \n                                component on active duty during a war \n                                or during a national emergency declared \n                                by the President or Congress, and \n                                receives compensation described in \n                                section 112(a) of the Internal Revenue \n                                Code of 1986;\n                                    ``(II) is on active duty under \n                                section 688, 12301(a), 12301(d), \n                                12301(g), 12302, 12304, 12306, 12307, \n                                or 12406, or chapter 15 of title 10, \n                                United States Code, or any other \n                                provision of law, during a war or \n                                during a national emergency declared by \n                                the President or Congress, regardless \n                                of the location at which such active \n                                duty service is performed; or\n                                    ``(III) in the case of a member of \n                                the National Guard, is on full-time \n                                National Guard duty (as defined in \n                                section 101(d)(5) of title 10, United \n                                States Code) under a call to active \n                                service authorized by the President or \n                                the Secretary of Defense for a period \n                                of more than 30 consecutive days under \n                                section 12402 of title 10, United \n                                States Code, or section 502(f) of title \n                                32, United States Code, for purposes of \n                                responding to a national emergency \n                                declared by the President and supported \n                                by Federal funds.''.\n    (g) Effective Date.--The amendments made by this section shall \napply with respect to loans for which the first disbursement is made on \nor after July 1, 1993, to an individual who is a new borrower (within \nthe meaning of section 103 of the Higher Education Act of 1965 (20 \nU.S.C. 1003)) on or after such date.","title":""}
+{"_id":"c187","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Election Integrity Act of \n2004'' .\n\nSEC. 2. REQUIRING PROOF OF CITIZENSHIP TO ACCOMPANY APPLICATION FOR \n              VOTER REGISTRATION.\n\n    (a) Application Provided With Motor Vehicle License Application.--\nSection 5(c)(2) of the National Voter Registration Act of 1993 (42 \nU.S.C. 1973gg--3(c)(2)) is amended--\n            (1) in subparagraph (B), by striking ``may require'' and \n        inserting ``in addition to the information required under \n        subparagraph (E), may require'';\n            (2) by striking ``and'' at the end of subparagraph (D);\n            (3) by redesignating subparagraph (E) as subparagraph (F); \n        and\n            (4) by inserting after subparagraph (D) the following new \n        subparagraph:\n            ``(E) shall require the applicant to provide a photographic \n        copy of any document which provides proof that the applicant is \n        a citizen of the United States, in accordance with guidelines \n        established by the Election Administration Commission in \n        consultation with the Secretary of Homeland Security and the \n        Secretary of State.''.\n    (b) Mail-In Form.--Section 9(b) of such Act (42 U.S.C. 1973gg--\n7(b)) is amended--\n            (1) in paragraph (1), by striking ``may require'' and \n        inserting ``consistent with paragraph (5), may require'';\n            (2) by striking ``and'' at the end of paragraph (3);\n            (3) by striking the period at the end of paragraph (4) and \n        inserting ``; and''; and\n            (4) by adding at the end the following new paragraph:\n            ``(5) shall require the applicant to provide a photographic \n        copy of any document which provides proof that the applicant is \n        a citizen of the United States, in accordance with guidelines \n        established by the Election Administration Commission in \n        consultation with the Secretary of Homeland Security and the \n        Secretary of State.''.\n    (c) Special Rules for States Without Registration Requirement and \nStates Permitting Same-Day Registration.--\n            (1) In general.--Section 8 of such Act (42 U.S.C. 1973gg--\n        6) is amended--\n                    (A) by redesignating subsection (j) as subsection \n                (k); and\n                    (B) by inserting after subsection (i) the following \n                new subsection:\n    ``(j) Requirement for Proof of Citizenship in States Without \nRegistration Requirement and States Permitting Same-Day Registration.--\n            ``(1) States without registration requirement.--In the case \n        of a State described in section 4(b)(1), the appropriate State \n        or local election official may not provide any individual with \n        a ballot for an election for Federal office (including an \n        absentee ballot) unless the individual provides the official \n        with a photographic copy of any document which provides proof \n        that the individual is a citizen of the United States, in \n        accordance with guidelines established by the Election \n        Administration Commission in consultation with the Secretary of \n        Homeland Security and the Secretary of State.\n            ``(2) States permitting same-day registration.--In the case \n        of a State described in section 4(b)(2), the appropriate State \n        or local election official may not permit any individual to \n        register to vote in an election for Federal office (including \n        an individual who desires to register to vote at the polling \n        place at the time of voting in the election) unless the \n        individual provides the official with a photographic copy of \n        any document which provides proof that the individual is a \n        citizen of the United States, in accordance with guidelines \n        established by the Election Administration Commission in \n        consultation with the Secretary of Homeland Security and the \n        Secretary of State.''.\n            (2) Conforming amendment.--Section 4(b) of such Act (42 \n        U.S.C. 1973gg-2(b)) is amended by striking ``This Act'' and \n        inserting ``Except as provided in section 8(j), this Act''.\n\nSEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.\n\n    (a) In General.--Section 303(b) of the Help America Vote Act of \n2002 (42 U.S.C. 15483(b)) is amended--\n            (1) in the heading, by striking ``for Voters Who Register \n        by Mail'' and inserting ``for Providing Photo Identification''; \n        and\n            (2) by striking paragraphs (1) through (3) and inserting \n        the following:\n            ``(1) Individuals voting in person.--Notwithstanding any \n        other provision of law, the appropriate State or local election \n        official may not provide a ballot for an election for Federal \n        office (including a provisional ballot under section 302(a)) to \n        an individual who desires to vote in person unless the \n        individual presents to the official a current and valid photo \n        identification.\n            ``(2) Individuals voting by mail.--Notwithstanding any \n        other provision of law, the appropriate State or local election \n        official may not accept any ballot for an election for Federal \n        office provided by an individual who votes by mail unless the \n        individual submits with the ballot a copy of a current and \n        valid photo identification.''.\n    (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C. \n15483) is amended--\n            (1) in the heading, by striking ``for voters who register \n        by mail'' and inserting ``for providing photo identification''; \n        and\n            (2) in subsection (c), by striking ``subsections \n        (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting \n        ``subsection (a)(5)(A)(i)(II)''.\n    (c) Clerical Amendment.--The table of contents of such Act is \namended by amending the item relating to section 303 to read as \nfollows:\n\n``Sec. 303. Computerized statewide voter registration list requirements \n                            and requirements for providing photo \n                            identification.''.\n    (d) Effective Date.--Section 303(d) of such Act (42 U.S.C. \n15483(d)) is amended to read as follows:\n    ``(d) Requirement to Provide Photo Identification.--Subsection (b) \nshall apply with respect to the regularly scheduled general election \nfor Federal office held in November 2004 and each succeeding election \nfor Federal office.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n    This Act and the amendments made by this Act shall apply with \nrespect to the regularly scheduled general election for Federal office \nheld in November 2004 and each succeeding election for Federal office.","title":""}
+{"_id":"c188","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Employee Rights Act''.\n\nSEC. 2. LABOR ORGANIZATION DUES.\n\n    (a) Dues Not Deductible From Pay.--Chapter 71 of title 5, United \nStates Code, is amended by striking section 7115 and inserting the \nfollowing:\n``Sec. 7115. Labor organization dues\n    ``(a) Dues Not Deductible From Pay.--\n            ``(1) In general.--An agency may not deduct any amount from \n        the pay of an employee for the dues of a labor organization.\n            ``(2) Restriction.--Appropriated funds may not be used to \n        pay an employee who makes deductions described in paragraph \n        (1).\n            ``(3) Definition.--For purposes of this subsection, the \n        term `agency' means--\n                    ``(A) an Executive agency (as defined in section \n                105), the United States Postal Service, and the Postal \n                Regulatory Commission;\n                    ``(B) an office, agency, or other establishment in \n                the legislative branch;\n                    ``(C) an office, agency, or other establishment in \n                the judicial branch; and\n                    ``(D) the government of the District of Columbia.\n    ``(b) Prohibition on Use of Dues for Political Purposes.--\n            ``(1) In general.--Employee dues collected by a labor \n        organization pursuant to this chapter may not be used for any \n        purpose not directly related to the organization's collective \n        bargaining activities on behalf of the employee under this \n        chapter unless, after a notice period of not less than 35 days, \n        the employee authorizes such use in writing.\n            ``(2) Expiration.--An authorization under paragraph (1) \n        shall--\n                    ``(A) expire not later than 1 year after the date \n                on which such authorization is signed by the employee; \n                and\n                    ``(B) not provide for an automatic renewal of any \n                authorization under this subsection.''.\n    (b) Postal Service Amendment.--Section 1205 of title 39, United \nStates Code, is amended to read as follows:\n``Sec. 1205. Prohibition on use of dues for political purposes\n    ``(a) Employee dues collected by a labor organization pursuant to \nthis chapter may not be used for any purpose not directly related to \nthe organization's collective bargaining activities on behalf of the \nemployee under this chapter unless, after a notice period of not less \nthan 35 days, the employee authorizes such use in writing.\n    ``(b) An authorization under subsection (a) shall--\n            ``(1) expire not later than 1 year after the date on which \n        such authorization is signed by the employee; and\n            ``(2) not provide for an automatic renewal of any \n        authorization under this subsection.''.\n    (c) Clerical Amendments.--\n            (1) Title 5.--The table of sections at the beginning of \n        chapter 71 of title 5, United States Code, is amended by \n        striking the item relating to section 7115 and inserting the \n        following:\n\n``7115. Labor organization dues.''.\n            (2) Title 39.--The table of sections at the beginning of \n        chapter 12 of title 39, United States Code, is amended by \n        striking the item relating to section 1205 and inserting the \n        following:\n\n``1205. Prohibition on use of dues for political purposes.''.\n    (d) Effective Dates; Transition Provisions.--\n            (1) Effective date.--The amendments made by this section \n        shall take effect on the date of enactment of this section.\n            (2) Transition provisions.--\n                    (A) Current deductions for dues of an exclusive \n                representative.--Nothing in this section shall, in the \n                case of an assignment received before the date of \n                enactment of this section under subsection (a) of \n                section 7115 of title 5, United States Code (as then in \n                effect), cause the termination of such assignment \n                before--\n                            (i) the date on which such assignment is \n                        revoked, in accordance with the last sentence \n                        of such subsection (a) (as last in effect \n                        before such date of enactment); or\n                            (ii) if earlier, the date determined under \n                        paragraph (1) or (2) of subsection (b) of such \n                        section 7115 (as last in effect before such \n                        date of enactment).\n                    (B) Current deductions for dues of other labor \n                organizations.--Nothing in this section shall, in the \n                case of a voluntary allotment made before the date of \n                enactment of this section under subsection (c) of \n                section 7115 of title 5, United States Code (as then in \n                effect), cause the termination of such allotment before \n                the date on which the underlying agreement (under \n                authority of which such allotment is being made) ceases \n                to have effect, whether by reason of section \n                7115(c)(2)(B) of such title 5 (as last in effect before \n                such date of enactment) or otherwise.\n                    (C) Current deductions for dues of a labor \n                organization from postal service employees.--Nothing in \n                this section shall, in the case of a written assignment \n                received before the date of enactment of this section \n                under section 1205 of title 39, United States Code (as \n                then in effect), cause the termination of such \n                assignment before the date on which such assignment--\n                            (i) is revoked in accordance with such \n                        section (as last in effect before such date of \n                        enactment); or\n                            (ii) otherwise expires.\n            (3) Nonrenewability.--\n                    (A) In general.--An agreement between an agency and \n                a labor organization, entered into before the date of \n                enactment of this section under subsection (a) or (c) \n                of section 7115 of such title 5 (as then in effect), \n                shall not, to the extent that it relates to deductions \n                for the payment of dues of such labor organization, be \n                subject to renewal or extension.\n                    (B) Postal service.--A written assignment received \n                by the United States Postal Service under section 1205 \n                of title 39, United States Code (as then in effect) or \n                an agreement between the United States Postal Service \n                and any organization of employees in effect pursuant to \n                1205(b) of such title (as then in effect), shall not, \n                to the extent that it relates to deductions for the \n                payment of dues of such organization, be subject to \n                renewal or extension.\n            (4) Definitions.--For purposes of this subsection, the \n        terms ``agency'', ``exclusive representative'', and ``labor \n        organization'' have the respective meanings given such terms in \n        section 7103 of title 5, United States Code.\n\nSEC. 3. REQUIRE MAJORITY VOTE OF EMPLOYEES IN A UNIT TO JOIN UNION.\n\n    (a) In General.--Section 7111 of title 5, United States Code, is \namended--\n            (1) in subsection (a), by striking ``who cast valid ballots \n        in the election'';\n            (2) in subsection (b)(1)(A), by striking ``30 percent'' and \n        inserting ``more than 50 percent''; and\n            (3) in subsection (f)(4), by striking ``voting'' and insert \n        ``in the appropriate unit''.\n    (b) Postal Service Amendments.--Section 1203 of title 39, United \nStates Code, is amended--\n            (1) in subsection (c)(1), by striking ``a substantial \n        number of employees'' and inserting ``a majority of employees \n        in a unit''; and\n            (2) in subsection (d), by striking ``30 percent'' and \n        inserting ``more than 50 percent''.\n    (c) Application.--The amendments made by subsections (a) and (b) \nshall apply to any applicable election or petition filed after the date \nof enactment of this Act.\n\nSEC. 4. USE OF PERSONAL INFORMATION.\n\n    (a) In General.--Section 7111 of title 5, United States Code, is \namended by adding at the end the following:\n    ``(h) During any organizing activity conducted under this chapter, \nan employee may elect, in writing, to withhold the employee's personal \ninformation from a labor organization.''.\n    (b) Postal Service Amendment.--Section 1203 of title 39, United \nStates Code, is further amended by adding at the end the following:\n    ``(f) During any organizing activity conducted under this chapter, \nan employee may elect, in writing, to withhold the employee's personal \ninformation from a labor organization.''.\n\nSEC. 5. REQUIREMENT FOR SECRET PAPER BALLOT ELECTIONS.\n\n    (a) In General.--Section 7111(d) of title 5, United States Code, is \namended by adding at the end after the period the following: ``Any \nelection under this chapter shall be a secret paper ballot election.''.\n    (b) Postal Service Amendment.--Section 1204(a) of title 39, United \nStates Code, is amended by adding at the end after the period the \nfollowing: ``Any election under this chapter shall be a secret paper \nballot election.''.","title":""}
+{"_id":"c189","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Employees Health Benefits \nProvider Integrity Amendments of 1997''.\n\nSEC. 2. DEBARMENT AND OTHER SANCTIONS.\n\n    (a) Amendments.--Section 8902a of title 5, United States Code, is \namended--\n            (1) in subsection (a)--\n                    (A) in paragraph (1)--\n                            (i) by striking ``and'' at the end of \n                        subparagraph (B);\n                            (ii) by striking the period at the end and \n                        inserting ``; and''; and\n                            (iii) by adding at the end the following:\n            ``(D) the term `should know' means that a person, with \n        respect to information, acts in deliberate ignorance of, or in \n        reckless disregard of, the truth or falsity of the information, \n        and no proof of specific intent to defraud is required.''; and\n                    (B) in paragraph (2)(A), by striking ``subsection \n                (b) or (c)'' and inserting ``subsection (b), (c), or \n                (d)'';\n            (2) in subsection (b)--\n                    (A) by striking ``The Office of Personnel \n                Management may bar'' and inserting ``The Office of \n                Personnel Management shall bar''; and\n                    (B) by amending paragraph (5) to read as follows:\n            ``(5) Any provider that is currently suspended or excluded \n        from participation under any program of the Federal Government \n        involving procurement or nonprocurement activities.'';\n            (3) by redesignating subsections (c) through (i) as \n        subsections (d) through (j), respectively, and by inserting \n        after subsection (b) the following:\n    ``(c) The Office may bar the following providers of health care \nservices from participating in the program under this chapter:\n            ``(1) Any provider--\n                    ``(A) whose license to provide health care services \n                or supplies has been revoked, suspended, restricted, or \n                not renewed, by a State licensing authority for reasons \n                relating to the provider's professional competence, \n                professional performance, or financial integrity; or\n                    ``(B) that surrendered such a license while a \n                formal disciplinary proceeding was pending before such \n                an authority, if the proceeding concerned the \n                provider's professional competence, professional \n                performance, or financial integrity.\n            ``(2) Any provider that is an entity directly or indirectly \n        owned, or with a 5 percent or more controlling interest, by an \n        individual who is convicted of any offense described in \n        subsection (b), against whom a civil monetary penalty has been \n        assessed under subsection (d), or who has been debarred from \n        participation under this chapter.\n            ``(3) Any individual who directly or indirectly owns or has \n        a controlling interest in an entity and who knows or should \n        know of the action constituting the basis for the entity's \n        conviction of any offense described in subsection (b), \n        assessment with a civil monetary penalty under subsection (d), \n        or debarment from participation under this chapter.\n            ``(4) Any provider that the Office determines, in \n        connection with claims presented under this chapter, has \n        charged for health care services or supplies in an amount \n        substantially in excess of such provider's customary charge for \n        such services or supplies (unless the Office finds there is \n        good cause for such charge), or charged for health care \n        services or supplies which are substantially in excess of the \n        needs of the covered individual or which are of a quality that \n        fails to meet professionally recognized standards for such \n        services or supplies.\n            ``(5) Any provider that the Office determines has committed \n        acts described in subsection (d).'';\n            (4) in subsection (d) (as so redesignated by paragraph (3)) \n        by amending paragraph (1) to read as follows:\n            ``(1) in connection with claims presented under this \n        chapter, that a provider has charged for a health care service \n        or supply which the provider knows or should have known \n        involves--\n                    ``(A) an item or service not provided as claimed,\n                    ``(B) charges in violation of applicable charge \n                limitations under section 8904(b), or\n                    ``(C) an item or service furnished during a period \n                in which the provider was debarred from participation \n                under this chapter pursuant to a determination by the \n                Office under this section, other than as permitted \n                under subsection (g)(2)(B);'';\n            (5) in subsection (f) (as so redesignated by paragraph (3)) \n        by inserting after ``under this section'' the first place it \n        appears the following: ``(where such debarment is not \n        mandatory)'';\n            (6) in subsection (g) (as so redesignated by paragraph \n        (3))--\n                    (A) by striking ``(g)(1)'' and all that follows \n                through the end of paragraph (1) and inserting the \n                following:\n    ``(g)(1)(A) Except as provided in subparagraph (B), debarment of a \nprovider under subsection (b) or (c) shall be effective at such time \nand upon such reasonable notice to such provider, and to carriers and \ncovered individuals, as shall be specified in regulations prescribed by \nthe Office. Any such provider that is debarred from participation may \nrequest a hearing in accordance with subsection (h)(1).\n    ``(B) Unless the Office determines that the health or safety of \nindividuals receiving health care services warrants an earlier \neffective date, the Office shall not make a determination adverse to a \nprovider under subsection (c)(5) or (d) until such provider has been \ngiven reasonable notice and an opportunity for the determination to be \nmade after a hearing as provided in accordance with subsection \n(h)(1).'';\n                    (B) in paragraph (3)--\n                            (i) by inserting ``of debarment'' after \n                        ``notice''; and\n                            (ii) by adding at the end the following: \n                        ``In the case of a debarment under paragraph \n                        (1), (2), (3), or (4) of subsection (b), the \n                        minimum period of debarment shall not be less \n                        than 3 years, except as provided in paragraph \n                        (4)(B)(ii).'';\n                    (C) in paragraph (4)(B)(i)(I) by striking \n                ``subsection (b) or (c)'' and inserting ``subsection \n                (b), (c), or (d)''; and\n                    (D) by striking paragraph (6);\n            (7) in subsection (h) (as so redesignated by paragraph (3)) \n        by striking ``(h)(1)'' and all that follows through the end of \n        paragraph (2) and inserting the following:\n    ``(h)(1) Any provider of health care services or supplies that is \nthe subject of an adverse determination by the Office under this \nsection shall be entitled to reasonable notice and an opportunity to \nrequest a hearing of record, and to judicial review as provided in this \nsubsection after the Office renders a final decision. The Office shall \ngrant a request for a hearing upon a showing that due process rights \nhave not previously been afforded with respect to any finding of fact \nwhich is relied upon as a cause for an adverse determination under this \nsection. Such hearing shall be conducted without regard to subchapter \nII of chapter 5 and chapter 7 of this title by a hearing officer who \nshall be designated by the Director of the Office and who shall not \notherwise have been involved in the adverse determination being \nappealed. A request for a hearing under this subsection shall be filed \nwithin such period and in accordance with such procedures as the Office \nshall prescribe by regulation.\n    ``(2) Any provider adversely affected by a final decision under \nparagraph (1) made after a hearing to which such provider was a party \nmay seek review of such decision in the United States District Court \nfor the District of Columbia or for the district in which the plaintiff \nresides or has his or her principal place of business by filing a \nnotice of appeal in such court within 60 days after the date the \ndecision is issued, and by simultaneously sending copies of such notice \nby certified mail to the Director of the Office and to the Attorney \nGeneral. In answer to the appeal, the Director of the Office shall \npromptly file in such court a certified copy of the transcript of the \nrecord, if the Office conducted a hearing, and other evidence upon \nwhich the findings and decision complained of are based. The court \nshall have power to enter, upon the pleadings and evidence of record, a \njudgment affirming, modifying, or setting aside, in whole or in part, \nthe decision of the Office, with or without remanding the case for a \nrehearing. The district court shall not set aside or remand the \ndecision of the Office unless there is not substantial evidence on the \nrecord, taken as whole, to support the findings by the Office of a \ncause for action under this section or unless action taken by the \nOffice constitutes an abuse of discretion.''; and\n            (8) in subsection (i) (as so redesignated by paragraph \n        (3))--\n                    (A) by striking ``subsection (c)'' and inserting \n                ``subsection (d)''; and\n                    (B) by adding at the end the following: ``The \n                amount of a penalty or assessment as finally determined \n                by the Office, or other amount the Office may agree to \n                in compromise, may be deducted from any sum then or \n                later owing by the United States to the party against \n                whom the penalty or assessment has been levied.''.\n    (b) Effective Date.--\n            (1) In general.--Except as provided in paragraph (2), the \n        amendments made by this section shall take effect on the date \n        of the enactment of this Act.\n            (2) Exceptions.--(A) Paragraphs (2), (3), and (5) of \n        section 8902a(c) of title 5, United States Code, as amended by \n        subsection (a)(3), shall apply only to the extent that the \n        misconduct which is the basis for debarment under such \n        paragraph (2), (3), or (5), as applicable, occurs after the \n        date of the enactment of this Act.\n    (B) Paragraph (1)(B) of section 8902a(d) of title 5, United States \nCode, as amended by subsection (a)(4), shall apply only with respect to \ncharges which violate section 8904(b) of such title for items or \nservices furnished after the date of the enactment of this Act.\n    (C) Paragraph (3) of section 8902a(g) of title 5, United States \nCode, as amended by subsection (a)(6)(B), shall apply only with respect \nto debarments based on convictions occurring after the date of the \nenactment of this Act.\n\nSEC. 3. AMENDMENT TO THE SOCIAL SECURITY ACT.\n\n    Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a-\n7b(f)(1)), as amended by section 204(a)(7) of the Health Insurance \nPortability and Accountability Act of 1996 (Public Law 104-191; 110 \nStat. 2000), is amended by striking ``(other than the health insurance \nprogram under chapter 89 of title 5, United States Code)''.","title":""}
+{"_id":"c19","text":"SECTION 1. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS.\n\n    (a) Requirement of Benchmarking and Disclosure for Leasing \nBuildings Without Energy Star Labels.--Section 435(b)(2) of the Energy \nIndependence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is \namended--\n            (1) by striking ``paragraph (2)'' and inserting ``paragraph \n        (1)''; and\n            (2) by striking ``signing the contract,'' and all that \n        follows through the period at the end and inserting the \n        following: ``signing the contract, the following requirements \n        are met:\n                    ``(A) The space is renovated for all energy \n                efficiency and conservation improvements that would be \n                cost effective over the life of the lease, including \n                improvements in lighting, windows, and heating, \n                ventilation, and air conditioning systems.\n                    ``(B)(i) Subject to clause (ii), the space is \n                benchmarked under a nationally recognized, online, free \n                benchmarking program, with public disclosure, unless \n                the space is a space for which owners cannot access \n                whole building utility consumption data, including \n                spaces--\n                            ``(I) that are located in States with \n                        privacy laws that provide that utilities shall \n                        not provide such aggregated information to \n                        multitenant building owners; and\n                            ``(II) for which tenants do not provide \n                        energy consumption information to the \n                        commercial building owner in response to a \n                        request from the building owner.\n                    ``(ii) A Federal agency that is a tenant of the \n                space shall provide to the building owner, or authorize \n                the owner to obtain from the utility, the energy \n                consumption information of the space for the \n                benchmarking and disclosure required by this \n                subparagraph.''.\n    (b) Study.--\n            (1) In general.--Not later than 2 years after the date of \n        enactment of this Act, the Secretary of Energy, in \n        collaboration with the Administrator of the Environmental \n        Protection Agency, shall complete a study--\n                    (A) on the impact of--\n                            (i) State and local performance \n                        benchmarking and disclosure policies, and any \n                        associated building efficiency policies, for \n                        commercial and multifamily buildings; and\n                            (ii) programs and systems in which \n                        utilities provide aggregated information \n                        regarding whole building energy consumption and \n                        usage information to owners of multitenant \n                        commercial, residential, and mixed-use \n                        buildings;\n                    (B) that identifies best practice policy approaches \n                studied under subparagraph (A) that have resulted in \n                the greatest improvements in building energy \n                efficiency; and\n                    (C) that considers--\n                            (i) compliance rates and the benefits and \n                        costs of the policies and programs on building \n                        owners, utilities, tenants, and other parties;\n                            (ii) utility practices, programs, and \n                        systems that provide aggregated energy \n                        consumption information to multitenant building \n                        owners, and the impact of public utility \n                        commissions and State privacy laws on those \n                        practices, programs, and systems;\n                            (iii) exceptions to compliance in existing \n                        laws where building owners are not able to \n                        gather or access whole building energy \n                        information from tenants or utilities;\n                            (iv) the treatment of buildings with--\n                                    (I) multiple uses;\n                                    (II) uses for which baseline \n                                information is not available; and\n                                    (III) uses that require high levels \n                                of energy intensities, such as data \n                                centers, trading floors, and \n                                televisions studios;\n                            (v) implementation practices, including \n                        disclosure methods and phase-in of compliance;\n                            (vi) the safety and security of \n                        benchmarking tools offered by government \n                        agencies, and the resiliency of those tools \n                        against cyber attacks; and\n                            (vii) international experiences with regard \n                        to building benchmarking and disclosure laws \n                        and data aggregation for multitenant buildings.\n            (2) Submission to congress.--At the conclusion of the \n        study, the Secretary shall submit to the Committee on Energy \n        and Commerce of the House of Representatives and Committee on \n        Energy and Natural Resources of the Senate a report on the \n        results of the study.\n    (c) Creation and Maintenance of Database.--\n            (1) In general.--Not later than 18 months after the date of \n        enactment of this Act and following opportunity for public \n        notice and comment, the Secretary of Energy, in coordination \n        with other relevant agencies, shall maintain, and if necessary \n        create, a database for the purpose of storing and making \n        available public energy-related information on commercial and \n        multifamily buildings, including--\n                    (A) data provided under Federal, State, local, and \n                other laws or programs regarding building benchmarking \n                and energy information disclosure;\n                    (B) information on buildings that have disclosed \n                energy ratings and certifications; and\n                    (C) energy-related information on buildings \n                provided voluntarily by the owners of the buildings, \n                only in an anonymous form unless the owner provides \n                otherwise.\n            (2) Complementary programs.--The database maintained \n        pursuant to paragraph (1) shall complement and not duplicate \n        the functions of the Environmental Protection Agency's Energy \n        Star Portfolio Manager tool.\n    (d) Input From Stakeholders.--The Secretary of Energy shall seek \ninput from stakeholders to maximize the effectiveness of the actions \ntaken under this section.\n    (e) Report.--Not later than 2 years after the date of enactment of \nthis Act, and every 2 years thereafter, the Secretary of Energy shall \nsubmit to the Committee on Energy and Commerce of the House of \nRepresentatives and Committee on Energy and Natural Resources of the \nSenate a report on the progress made in complying with this section.","title":""}
+{"_id":"c190","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Employees Health Care \nFreedom of Choice Act''.\n\nSEC. 2. AMENDMENTS TO TITLE 5, UNITED STATES CODE.\n\n    (a) Definitions.--Section 8901 of title 5, United States Code, is \namended--\n            (1) in paragraph (10) by striking ``and'' after the \n        semicolon;\n            (2) in paragraph (11) by striking the period and inserting \n        a semicolon; and\n            (3) by adding at the end the following:\n            ``(12) the term `high deductible health plan' means a plan \n        described by section 8903(5) or section 8903a(d); and\n            ``(13) the term `medical savings account' has the meaning \n        given such term by section 220(d) of the Internal Revenue Code \n        of 1986.''.\n    (b) Authority To Contract for High Deductible Health Plans.--\nSection 8902 of title 5, United States Code, is amended by adding at \nthe end the following:\n    ``(p)(1) The Office shall contract under this chapter for a high \ndeductible health plan with any qualified carrier that--\n            ``(A) offers such a plan; and\n            ``(B) as of the date of enactment of the Federal Employees \n        Health Care Freedom of Choice Act, offers a health benefits \n        plan under this chapter.\n    ``(2) The Office may contract under this chapter for a high \ndeductible health plan with any qualified carrier that--\n            ``(A) offers such a plan; but\n            ``(B) does not satisfy the requirement under paragraph \n        (1)(B).''.\n    (c) Description of High Deductible Health Plans and Benefits To Be \nProvided Thereunder.--\n            (1) In general.--Section 8903 of title 5, United States \n        Code, is amended by adding at the end the following:\n            ``(5) High deductible health plans.--(A) One or more plans \n        described by paragraph (1), (2), (3), or (4), which--\n                    ``(i) are high deductible health plans (as defined \n                by section 220(c)(2) of the Internal Revenue Code of \n                1986); and\n                    ``(ii) provide benefits of the types referred to by \n                section 8904(a)(5).\n            ``(B) Nothing in this section shall be considered--\n                    ``(i) to prevent a carrier from simultaneously \n                offering a plan described by subparagraph (A) and a \n                plan described by paragraph (1) or (2);\n                    ``(ii) to require that a high deductible health \n                plan offer two levels of benefits; or\n                    ``(iii) to allow, in any contract year, for--\n                            ``(I) more than one plan to be offered \n                        which satisfies both subparagraph (A) and \n                        paragraph (1) (subject to clause (ii)); and\n                            ``(II) more than one plan which satisfies \n                        both subparagraph (A) and paragraph (2) \n                        (subject to clause (ii)).''.\n            (2) Types of benefits.--Section 8904(a) of title 5, United \n        States Code, is amended by inserting after paragraph (4) the \n        following:\n            ``(5) High deductible health plans.--Benefits of the types \n        named under paragraph (1) or (2) of this subsection or both.''.\n            (3) Conforming amendments.--(A) Section 8903a of title 5, \n        United States Code, is amended by redesignating subsection (d) \n        as subsection (e) and by inserting after subsection (c) the \n        following:\n    ``(d) The plans under this section may include one or more plans, \notherwise allowable under this section, that satisfy the requirements \nof clauses (i) and (ii) of section 8903(5)(A).''.\n            (B) Section 8909(d) of title 5, United States Code, is \n        amended by striking ``8903a(d)'' and inserting ``8903a(e)''.\n            (4) References.--Section 8903 of title 5, United States \n        Code, is amended by adding at the end (as a flush left \n        sentence) the following:\n``The Office shall prescribe regulations under which the requirements \nof section 8902(c), 8902(n), 8909(e), and any other provision of this \nchapter that applies with respect to a plan described by paragraph (1), \n(2), (3), or (4) of this section shall apply with respect to the \ncorresponding plan under paragraph (5) of this section. Similar \nregulations shall be prescribed with respect to any plan under section \n8903a(d).''.\n    (d) Contributions Toward High Deductible Health Plans and Medical \nSavings Accounts.--\n            (1) Amendments.--\n                    (A) In general.--Title 5, United States Code, is \n                amended by redesignating section 8906a as section 8906b \n                and by inserting after section 8906 the following:\n``Sec. 8906a. Contribution provisions relating to certain individuals \n              enrolled in high deductible health plans\n    ``(a) In the case of an employee or annuitant who enrolls in a high \ndeductible health plan, section 8906 shall apply in accordance with its \nterms, except as otherwise provided in this section.\n    ``(b) Instead of the amount that would otherwise apply under the \nprovisions of section 8906(d), the amount to be withheld under such \nprovisions from the pay or annuity of an employee or annuitant \ndescribed in subsection (a), for any biweekly or other period, shall be \nthe equivalent (expressed in terms of such periods) of the amount by \nwhich--\n            ``(1) the applicable average subscription charge, as \n        determined under section 8906(a) for the contract year \n        involved, exceeds\n            ``(2) the total Government contribution allowable for such \n        contract year (as defined in subsection (h)),\nbut not to exceed 100 percent of the subscription charge for the plan \nin which such employee or annuitant is enrolled.\n    ``(c) Instead of the amount that would otherwise apply under the \nprovisions of section 8906(b), in the case of an employee or annuitant \ndescribed in subsection (a), the biweekly or other periodic Government \ncontribution under such provisions toward the subscription charge for \nthe plan in which such employee or annuitant is enrolled shall be the \namount by which such charge exceeds (if at all) the amount which under \nsubsection (b) is required to be withheld from the pay or annuity of \nthe employee or annuitant involved.\n    ``(d)(1) Subject to paragraph (2), there shall be paid to the \nmedical savings account of each employee or annuitant described in \nsubsection (a), at the same time that the Government contribution under \nsection 8906 is made (or would, but for this section, be made) for the \nbenefit of such employee or annuitant, the amount by which--\n            ``(A) the total Government contribution allowable for the \n        contract year involved (as defined in subsection (h)), exceeds\n            ``(B) the amount of the Government contribution which under \n        subsection (c) is required to be made toward the subscription \n        charge for the plan in which such employee or annuitant is \n        enrolled.\nNo election to decline any contributions under this subsection shall be \navailable to an employee or annuitant.\n    ``(2) No contribution under this subsection shall be made to any \nmedical savings account of an employee or annuitant for any period if, \nas of the first day of the month before the month in which such period \ncommences, such employee or annuitant (or the spouse of such employee \nor annuitant, if coverage is for self and family) is entitled to \nbenefits under part A of title XVIII of the Social Security Act.\n    ``(3) The Office shall by regulation prescribe the time, form, and \nmanner in which an employee or annuitant shall identify any medical \nsavings account to which contributions for such employee or annuitant \nshall be made under this subsection.\n    ``(4) Subsections (f) and (g) of section 8906 shall apply with \nrespect to contributions under this subsection.\n    ``(e) Any adjustment in the amount of any contribution under \nsection 8906 that is required by subsection (b) or (c) of this section \nbeginning in any contract year shall take effect--\n            ``(1) in the case of an employee, at the point in such year \n        described in the second sentence of section 8906(b)(1); and\n            ``(2) in the case of an annuitant, at the point in such \n        year described in the third sentence of section 8906(b)(1).\n    ``(f)(1) This section shall not apply to any employee or annuitant \nwith respect to any period for which such employee or annuitant would \nnot otherwise be eligible for a Government contribution under section \n8906 (determined disregarding this section).\n    ``(2) Neither subsection (b) nor (c) shall apply with respect to an \nemployee or annuitant for any period for which--\n            ``(A) such employee or annuitant is ineligible for any \n        contribution under subsection (d) by reason of paragraph (2) \n        thereof; or\n            ``(B) the amount of the contribution under subsection (d) \n        for such employee or annuitant would otherwise be zero.\n    ``(g) The Office shall by regulation provide for the application of \nsection 8906(c) to the extent necessary to reflect any change in the \nratio of individual to Government contributions resulting from the \napplication of this section.\n    ``(h) For purposes of this section, the term `total Government \ncontribution allowable', as used with respect to a contract year, means \nthe maximum Government contribution that could be made for health \nbenefits for an employee or annuitant for such contract year, as \ndetermined under paragraph (1) of section 8906(b) (as well as paragraph \n(3) thereof, if appropriate, but disregarding paragraph (2) thereof and \nthe provisions of this section).''.\n                    (B) Technical and conforming amendments.--(i) The \n                table of sections at the beginning of chapter 89 of \n                title 5, United States Code, is amended by striking the \n                item relating to section 8906a and inserting the \n                following:\n\n``8906a.   Contribution provisions relating to certain individuals \n                            enrolled in high deductible health plans.\n``8906b.   Temporary employees.''.\n                    (ii) Section 8913(b)(4) of title 5, United States \n                Code, is amended by striking ``8906a(a)'' and inserting \n                ``8906b(a)''.\n            (2) High deductible health plans to be disregarded in \n        determining government contributions.--Section 8906 of title 5, \n        United States Code, is amended by adding at the end the \n        following:\n    ``(j) Notwithstanding any other provision of this section, there \nshall not be taken into account, for purposes of computing any average \nunder subsection (a), any subscription charge for any high deductible \nhealth plan or any individuals enrolled therein.''.\n            (3) Coordination provision.--Nothing in this section or in \n        any amendment made by this section shall be considered to \n        affect any authority under section 1005(f) of title 39, United \n        States Code, to vary, add to, or substitute for any provision \n        of chapter 89 of title 5, United States Code, as amended by \n        this section.\n            (4) Technical amendment.--The second sentence of section \n        8909(a) of title 5, United States Code, is amended by inserting \n        ``(not including any Government contributions under section \n        8906a to a medical savings account)'' after ``of this title''.\n    (e) Information to Individuals Who May Be Eligible for Government \nContributions to a Medical Savings Account.--Section 8907 of title 5, \nUnited States Code, is amended by adding at the end the following:\n    ``(c) In addition to any information otherwise provided for under \nthis section, the Office shall make available to all employees and \nannuitants eligible to enroll in a high deductible health plan, in a \nform acceptable to the Office after consultation with the carrier, \ninformation relating to--\n            ``(1) the conditions under which a Government contribution \n        shall be made under this chapter to a medical savings account;\n            ``(2) the amount of the Government contribution payable \n        under this chapter to a medical savings account (or how such \n        amount may be ascertained); and\n            ``(3) any other matter which the Office considers \n        appropriate in connection with medical savings accounts.''.\n    (f) Effective Date.--The amendments made by this section shall \napply with respect to contract years beginning on or after January 1, \n1999. The Office of Personnel Management shall take appropriate \nmeasures to ensure that coverage under a high deductible health plan \nunder chapter 89 of title 5, United States Code (as amended by this \nsection) shall be available as of the beginning of the first contract \nyear described in the preceding sentence.\n\nSEC. 3. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.\n\n    (a) Inclusion of Employees Enrolled in FEHBP High Deductible Health \nPlan.--Clause (iii) of section 220(c)(1)(A) of the Internal Revenue \nCode of 1986 (defining eligible individual) is amended by striking \n``or'' at the end of subclause (I), by striking the period at the end \nof subclause (II) and inserting ``, or'', and by adding at the end the \nfollowing new subclause:\n                                    ``(III) the high deductible health \n                                plan covering such individual is \n                                provided under chapter 89 of title 5, \n                                United States Code.''.\n    (b) Contributions Limited to Federal Contribution.--Subsection (b) \nsection 220 of such Code (relating to limitations) is amended by adding \nat the end the following new paragraph:\n            ``(8) Denial of deduction for individuals covered by high \n        deductible federal employee health benefits plan.--The \n        limitation under this subsection for any month with respect to \n        any individual shall be zero if, as of the first day of such \n        month, such individual is covered under a high deductible \n        health plan provided under chapter 89 of title 5, United States \n        Code. For purposes of applying section 106(b) for such month--\n                    ``(A) the preceding sentence shall not apply, and\n                    ``(B) paragraph (4) shall not apply to any \n                individual who is entitled to receive any amount for \n                such month by reason of being an annuitant (as defined \n                in section 8901(3) of such title 5).''.\n    (c) Numerical Limitations, Etc., Not To Apply.--\n            (1) In general.--Subsection (i) of section 220 of such Code \n        is amended by adding at the end the following new paragraph:\n            ``(6) Exception for individuals covered by federal employee \n        health benefits plans.--This subsection shall not apply to any \n        individual who is an eligible individual by reason of \n        subsection (c)(1)(A)(iii)(III). Medical savings accounts \n        established by such individuals shall not be taken into account \n        in determining whether the numerical limitations under \n        subsection (j) are exceeded.''.\n            (2) Exception from reporting.--Paragraph (4) of section \n        220(j) of such Code is amended by adding at the end the \n        following new subparagraph:\n                    ``(E) Exception for accounts of individuals covered \n                by federal employee health benefits plans.--No report \n                shall be required under this paragraph with respect to \n                a medical savings account of an individual if such \n                account was established at the time such individual was \n                an eligible individual by reason of subsection \n                (c)(1)(A)(iii)(III).''.","title":""}
+{"_id":"c191","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Employees' Compensation \nReform Act of 2011''.\n\nSEC. 2. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT ELIGIBLE \n              EMPLOYEES.\n\n    (a) Transition to Retirement.--\n            (1) In general.--Chapter 81 of title 5, United States Code, \n        is amended by inserting after section 8106 the following:\n``Sec. 8106a. Transition to retirement\n    ``(a) Definitions.--In this section--\n            ``(1) the term `covered employee' means an employee who--\n                    ``(A) is paid compensation under section 8105 or \n                8106; and\n                    ``(B) on or after attaining retirement age is \n                eligible for an annuity under chapter 83 or 84 (other \n                than a survivor annuity); and\n            ``(2) the term `retirement age' has the meaning given under \n        section 216(l)(1) of the Social Security Act (42 U.S.C. \n        416(l)(1)).\n    ``(b) Notwithstanding any other provision of this chapter, the \npayment of compensation under section 8105 or 8106 to a covered \nemployee shall terminate on the date that the covered employee--\n            ``(1) attains retirement age and is eligible for an annuity \n        under chapter 83 or 84 (other than a survivor annuity); or\n            ``(2) after attaining retirement age becomes eligible for \n        an annuity under chapter 83 or 84 (other than a survivor \n        annuity).\n    ``(c) Not later than 1 year before the date that a covered employee \nattains retirement age or subsequently becomes eligible for an annuity \nunder chapter 83 or 84 (other than a survivor annuity), the Secretary \nof Labor shall provide notice of this section to--\n            ``(1) the covered employee;\n            ``(2) the employing agency of that covered employee; and\n            ``(3) the Office of Personnel Management.\n    ``(d) The employing agency of a covered employee shall file an \napplication for an annuity with the Office of Personnel Management in \naccordance with section 8352 or 8471.''.\n            (2) Technical and conforming amendment.--The table of \n        sections for chapter 81 of title 5, United States Code, is \n        amended by inserting after the item relating to section 8106 \n        the following:\n\n``Sec. 8106a. Transition to retirement.''.\n    (b) Filing of Applications.--\n            (1) Civil service retirement system.--\n                    (A) In general.--Chapter 83 of title 5, United \n                States Code, is amended by inserting after section 8351 \n                the following:\n``Sec. 8352. Employees transitioning from workers compensation\n    ``(a) Definition.--In this section, the term `covered employee' \nmeans an employee who is a covered employee as defined under section \n8106a(a)(1) and is eligible for an annuity under this chapter.\n    ``(b) Applications.--Not later than 1 year before the date of the \ntermination of payments of compensation under section 8106a(b) to a \ncovered employee who is eligible for an annuity under this chapter, the \nemploying agency of that covered employee shall file an application for \nan annuity for that covered employee under this chapter with the Office \nof Personnel Management.\n    ``(c) Regulations.--The Office of Personnel Management shall \nprescribe regulations to carry out this section.''.\n                    (B) Technical and conforming amendment.--The table \n                of sections for chapter 83 of title 5, United States \n                Code, is amended by inserting after the item relating \n                to section 8351 the following:\n\n``Sec. 8352. Employees transitioning from workers compensation.''.\n            (2) Federal employees retirement system.--\n                    (A) In general.--Chapter 84 of title 5, United \n                States Code, is amended by inserting after section 8470 \n                the following:\n``Sec. 8471. Employees transitioning from workers compensation\n    ``(a) Definition.--In this section, the term `covered employee' \nmeans an employee who is a covered employee as defined under section \n8106a(a)(1) and is eligible for an annuity under this chapter.\n    ``(b) Applications.--Not later than 1 year before the date of the \ntermination of payments of compensation under section 8106a(b) to a \ncovered employee who is eligible for an annuity under this chapter, the \nemploying agency of that covered employee shall file an application for \nan annuity for that covered employee under this chapter with the Office \nof Personnel Management.\n    ``(c) Regulations.--The Office of Personnel Management shall \nprescribe regulations to carry out this section.''.\n                    (B) Technical and conforming amendment.--The table \n                of sections for chapter 84 of title 5, United States \n                Code, is amended by inserting after the item relating \n                to section 8456 the following:\n\n``Sec. 8471. Employees transitioning from workers compensation.''.\n\nSEC. 3. REGULATIONS.\n\n    Not later than 180 days after the date of enactment of this Act, \nthe Secretary of Labor, after consultation with the Director of the \nOffice of Personnel Management, shall prescribe regulations to carry \nout this Act.\n\nSEC. 4. EFFECTIVE DATE.\n\n    (a) In General.--Except as provided under subsection (b), this Act \n(including the amendments made by this Act) shall take effect on the \ndate of enactment of this Act.\n    (b) Termination of Compensation.--Section 8106a(b) of title 5, \nUnited States Code, (as added by section 2 of this Act) shall take \neffect 1 year after the date regulations are prescribed under section \n3.","title":""}
+{"_id":"c192","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Entrepreneur-in-Residence \nAct of 2012''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act--\n            (1) the term ``Administrator'' means the Administrator of \n        the Small Business Administration;\n            (2) the term ``agency'' means an Executive agency, as \n        defined in section 105 of title 5, United States Code;\n            (3) the term ``Director'' means the Director of the Office \n        of Personnel Management;\n            (4) the term ``entrepreneur-in-residence'' means an \n        individual appointed to a position under the program;\n            (5) the term ``program'' means the Federal entrepreneur-in-\n        residence program established under section 3(a); and\n            (6) the term ``small business concern'' has the meaning \n        given that term under section 3 of the Small Business Act (15 \n        U.S.C. 632).\n\nSEC. 3. FEDERAL ENTREPRENEUR-IN-RESIDENCE PROGRAM.\n\n    (a) Program Established.--The Director, in consultation with the \nAdministrator, shall establish a Federal entrepreneur-in-residence \nprogram under which the Director, with the concurrence of the head of \nan agency, may appoint an entrepreneur-in-residence to a position in \nthe excepted service in the agency to carry out the duties described in \nsubsection (d).\n    (b) Mission of Program.--The mission of the program shall be to--\n            (1) provide for better outreach by the Federal Government \n        to the private sector;\n            (2) strengthen coordination and interaction between the \n        Federal Government and the private sector on issues relevant to \n        entrepreneurs and small business concerns; and\n            (3) make Federal programs simpler, quicker, more efficient, \n        and more responsive to the needs of small business concerns and \n        entrepreneurs.\n    (c) Appointments.--\n            (1) In general.--The Director--\n                    (A) shall appoint entrepreneurs-in-residence under \n                the program during each year; and\n                    (B) may not appoint more than 10 entrepreneurs-in-\n                residence during any year.\n            (2) Selection.--The Director shall select entrepreneurs-in-\n        residence from among individuals who--\n                    (A) are successful in their field;\n                    (B) have demonstrated success in working with small \n                business concerns and entrepreneurs; or\n                    (C) have successfully developed, invented, or \n                created a product and brought the product to the \n                marketplace.\n            (3) Placement.--In appointing entrepreneurs-in-residence, \n        the Director shall--\n                    (A) give priority to placing entrepreneurs-in-\n                residence across the Federal Government at separate \n                agencies; and\n                    (B) to the extent practicable, not appoint more \n                than 2 entrepreneurs-in-residence to positions in the \n                same agency during the same year.\n            (4) Terms of appointment.--An entrepreneur-in-residence--\n                    (A) shall be a full-time employee of the agency to \n                which the entrepreneur-in-residence is appointed; and\n                    (B) may not serve as an entrepreneur-in-residence \n                for more than a period of 2 years.\n    (d) Duties.--An entrepreneur-in-residence shall--\n            (1) assist Federal agencies in improving outreach to small \n        business concerns and entrepreneurs;\n            (2) provide recommendations to the head of the agency \n        employing the entrepreneur-in-residence on inefficient or \n        duplicative programs, if any, at the agency;\n            (3) provide recommendations to the head of the agency \n        employing the entrepreneur-in-residence on methods to improve \n        program efficiency at the agency or new initiatives, if any, \n        that may be instituted at the agency;\n            (4) facilitate meetings and forums to educate small \n        business concerns and entrepreneurs on programs or initiatives \n        of the agency employing the entrepreneur-in-residence;\n            (5) facilitate in-service sessions with employees of the \n        agency employing the entrepreneur-in-residence on issues of \n        concern to entrepreneurs and small business concerns; and\n            (6) provide technical assistance or mentorship to small \n        business concerns and entrepreneurs in accessing programs at \n        the agency employing the entrepreneur-in-residence.\n    (e) Compensation.--\n            (1) In general.--The rate of basic pay for an entrepreneur-\n        in-residence shall be equivalent to the rate of basic pay for a \n        position at GS-13, GS-14, or GS-15 of the General Schedule, \n        which shall be determined in accordance with regulations \n        promulgated by the Director.\n            (2) Promotion.--If an entrepreneur-in-residence with a rate \n        of pay equivalent to the rate of basic pay for a position at \n        GS-13 or GS-14 satisfactorily completes 1 year of service in \n        position under this section, the entrepreneur-in-residence may \n        receive an increase in the rate of basic pay to be equal to the \n        rate of basic pay for a position 1 grade higher on the General \n        Schedule than the initial rate of basic pay of the \n        entrepreneur-in-residence.\n    (f) Reporting.--An entrepreneur-in-residence shall report directly \nto the head of the agency employing the entrepreneur-in-residence.\n    (g) Termination.--The Director may not appoint an entrepreneur-in-\nresidence under this section after September 30, 2016.","title":""}
+{"_id":"c193","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Land Freedom Act of 2015''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) as of the date of enactment of this Act--\n                    (A) 113,000,000 acres of onshore Federal land are \n                open and accessible for oil and natural gas \n                development; and\n                    (B) approximately 166,000,000 acres of onshore \n                Federal land are off-limits or inaccessible for oil and \n                natural gas development;\n            (2) despite the recent oil and natural gas boom in the \n        United States, the number of acres of Federal land leased for \n        oil and natural gas exploration has decreased by 24 percent \n        since 2008;\n            (3) in 2013, the Federal Government leased only 36,000,000 \n        acres of Federal land, in contrast to the 131,000,000 acres \n        that were leased in 1984;\n            (4) the reduction in leasing of Federal land harms economic \n        growth and Federal revenues;\n            (5) in 2013, it took 197 days to process applications for \n        permits to drill on Federal land; and\n            (6) the States have extensive and sufficient regulatory \n        frameworks for permitting oil and natural gas development.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Available federal land.--The term ``available Federal \n        land'' means any Federal land that, as of May 31, 2013--\n                    (A) is located within the boundaries of a State;\n                    (B) is not held by the United States in trust for \n                the benefit of a federally recognized Indian tribe;\n                    (C) is not a unit of the National Park System;\n                    (D) is not a unit of the National Wildlife Refuge \n                System; and\n                    (E) is not a congressionally designated wilderness \n                area.\n            (2) State.--The term ``State'' means--\n                    (A) a State; and\n                    (B) the District of Columbia.\n            (3) State leasing, permitting, and regulatory program.--The \n        term ``State leasing, permitting, and regulatory program'' \n        means a program established pursuant to State law that \n        regulates the exploration and development of oil, natural gas, \n        and other forms of energy on land located in the State.\n\nSEC. 4. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL \n              AVAILABLE FEDERAL LAND.\n\n    (a) State Leasing, Permitting, and Regulatory Programs.--Any State \nthat has established a State leasing, permitting, and regulatory \nprogram may--\n            (1) submit to the Secretaries of the Interior, Agriculture, \n        and Energy a declaration that a State leasing, permitting, and \n        regulatory program has been established or amended; and\n            (2) seek to transfer responsibility for leasing, \n        permitting, and regulating oil, natural gas, and other forms of \n        energy development from the Federal Government to the State.\n    (b) State Action Authorized.--Notwithstanding any other provision \nof law, on submission of a declaration under subsection (a)(1), the \nState submitting the declaration may lease, permit, and regulate the \nexploration and development of oil, natural gas, and other forms of \nenergy on Federal land located in the State in lieu of the Federal \nGovernment.\n    (c) Effect of State Action.--Any action by a State to lease, \npermit, or regulate the exploration and development of oil, natural \ngas, and other forms of energy pursuant to subsection (b) shall not be \nsubject to, or considered a Federal action, Federal permit, or Federal \nlicense under--\n            (1) subchapter II of chapter 5, and chapter 7, of title 5, \n        United States Code (commonly known as the ``Administrative \n        Procedure Act'');\n            (2) the National Historic Preservation Act (16 U.S.C. 470 \n        et seq.);\n            (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et \n        seq.); or\n            (4) the National Environmental Policy Act of 1969 (42 \n        U.S.C. 4321 et seq.).\n\nSEC. 5. NO EFFECT ON FEDERAL REVENUES.\n\n    (a) In General.--Any lease or permit issued by a State pursuant to \nsection 4 shall include provisions for the collection of royalties or \nother revenues in an amount equal to the amount of royalties or \nrevenues that would have been collected if the lease or permit had been \nissued by the Federal Government.\n    (b) Disposition of Revenues.--Any revenues collected by a State \nfrom leasing or permitting on Federal land pursuant to section 4 shall \nbe deposited in the same Federal account in which the revenues would \nhave been deposited if the lease or permit had been issued by the \nFederal Government.\n    (c) Effect on State Processing Fees.--Nothing in this Act prohibits \na State from collecting and retaining a fee from an applicant to cover \nthe administrative costs of processing an application for a lease or \npermit.","title":""}
+{"_id":"c194","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Physicians Comparability \nAllowance Amendments of 2000''.\n\nSEC. 2. AUTHORITY MADE PERMANENT.\n\n    (a) In General.--\n        (1) Amendment to title 5, united states code.--The second \n    sentence of section 5948(d) of title 5, United States Code, is \n    repealed.\n        (2) Amendment to the federal physicians comparability allowance \n    act of 1978.--Section 3 of the Federal Physicians Comparability \n    Allowance Act of 1978 (5 U.S.C. 5948 note) is repealed.\n    (b) Technical and Conforming Amendments.--Section 5948 of title 5, \nUnited States Code, is amended--\n        (1) by repealing paragraph (2) of subsection (j); and\n        (2) in subsection (j)(1)--\n            (A) by striking ``(j)(1)'' and inserting ``(j)'';\n            (B) by redesignating subparagraphs (A) through (E) as \n        paragraphs (1) through (5), respectively; and\n            (C) in paragraph (5) (as so redesignated by this paragraph) \n        by striking ``subparagraph (B)'' and inserting ``paragraph \n        (2)''.\n\nSEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC PAY FOR RETIREMENT \n              PURPOSES.\n\n    (a) Definition of Basic Pay.--Section 8331(3) of title 5, United \nStates Code, is amended--\n        (1) in subparagraph (F) by striking ``and'' after the \n    semicolon;\n        (2) in subparagraph (G) by inserting ``and'' after the \n    semicolon;\n        (3) by inserting after subparagraph (G) the following:\n            ``(H) any amount received under section 5948 (relating to \n        physicians comparability allowances);''; and\n        (4) in the matter following subparagraph (H) (as added by \n    paragraph (3)) by striking ``through (G)'' and inserting ``through \n    (H)''.\n    (b) Civil Service Retirement System.--\n        (1) Computation rules.--Section 8339 of title 5, United States \n    Code, is amended by adding at the end the following:\n    ``(s)(1) For purposes of this subsection, the term `physicians \ncomparability allowance' refers to an amount described in section \n8331(3)(H).\n    ``(2) Except as otherwise provided in this subsection, no part of a \nphysicians comparability allowance shall be treated as basic pay for \npurposes of any computation under this section unless, before the date \nof the separation on which entitlement to annuity is based, the \nseparating individual has completed at least 15 years of service as a \nGovernment physician (whether performed before, on, or after the date \nof the enactment of this subsection).\n    ``(3) If the condition under paragraph (2) is met, then, any \namounts received by the individual in the form of a physicians \ncomparability allowance shall (for the purposes referred to in \nparagraph (2)) be treated as basic pay, but only to the extent that \nsuch amounts are attributable to service performed on or after the date \nof the enactment of this subsection, and only to the extent of the \npercentage allowable, which shall be determined as follows:\n\n``If the total amount of service\n                                                                        \n  performed, on or after the date of\n                                                    Then, the percentage\n   the enactment of this subsection,\n                                                       allowable is:    \n  as a Government physician is:\n                                                                        \n    Less than 2 years.........................................\n                                                                  0     \n    At least 2 but less than 4 years..........................\n                                                                 25     \n    At least 4 but less than 6 years..........................\n                                                                 50     \n    At least 6 but less than 8 years..........................\n                                                                 75     \n    At least 8 years..........................................\n                                                                100.    \n\n    ``(4) Notwithstanding any other provision of this subsection, 100 \npercent of all amounts received as a physicians comparability allowance \nshall, to the extent attributable to service performed on or after the \ndate of the enactment of this subsection, be treated as basic pay \n(without regard to any of the preceding provisions of this subsection) \nfor purposes of computing--\n        ``(A) an annuity under subsection (g); and\n        ``(B) a survivor annuity under section 8341, if based on the \n    service of an individual who dies before separating from \n    service.''.\n        (2) Government physician defined.--Section 8331 of title 5, \n    United States Code, is amended by striking ``and'' at the end of \n    paragraph (26), by striking the period at the end of paragraph (27) \n    and inserting ``; and'', and by adding at the end the following:\n        ``(28) `Government physician' has the meaning given that term \n    under section 5948.''.\n    (c) Federal Employees' Retirement System.--\n        (1) Computation rules.--Section 8415 of title 5, United States \n    Code, is amended by adding at the end the following:\n    ``(i)(1) For purposes of this subsection, the term `physicians \ncomparability allowance' refers to an amount described in section \n8331(3)(H).\n    ``(2) Except as otherwise provided in this subsection, no part of a \nphysicians comparability allowance shall be treated as basic pay for \npurposes of any computation under this section unless, before the date \nof the separation on which entitlement to annuity is based, the \nseparating individual has completed at least 15 years of service as a \nGovernment physician (whether performed before, on, or after the date \nof the enactment of this subsection).\n    ``(3) If the condition under paragraph (2) is met, then, any \namounts received by the individual in the form of a physicians \ncomparability allowance shall (for the purposes referred to in \nparagraph (2)) be treated as basic pay, but only to the extent that \nsuch amounts are attributable to service performed on or after the date \nof the enactment of this subsection, and only to the extent of the \npercentage allowable, which shall be determined as follows:\n\n``If the total amount of service\n                                                                        \n  performed, on or after the date of\n                                                    Then, the percentage\n   the enactment of this subsection,\n                                                       allowable is:    \n  as a Government physician is:\n                                                                        \n    Less than 2 years.........................................\n                                                                  0     \n    At least 2 but less than 4 years..........................\n                                                                 25     \n    At least 4 but less than 6 years..........................\n                                                                 50     \n    At least 6 but less than 8 years..........................\n                                                                 75     \n    At least 8 years..........................................\n                                                                100.    \n\n    ``(4) Notwithstanding any other provision of this subsection, 100 \npercent of all amounts received as a physicians comparability allowance \nshall, to the extent attributable to service performed on or after the \ndate of the enactment of this subsection, be treated as basic pay \n(without regard to any of the preceding provisions of this subsection) \nfor purposes of computing--\n        ``(A) an annuity under section 8452; and\n        ``(B) a survivor annuity under subchapter IV, if based on the \n    service of an individual who dies before separating from \n    service.''.\n        (2) Government physician defined.--Section 8401 of title 5, \n    United States Code, is amended by striking ``and'' at the end of \n    paragraph (32), by striking the period at the end of paragraph (33) \n    and inserting ``; and'', and by adding at the end the following:\n        ``(34) the term `Government physician' has the meaning given \n    such term under section 5948.''.\n    (d) Conforming Amendment.--Section 5948(h)(1) of title 5, United \nStates Code, is amended by striking ``chapter 81, 83, or 87'' and \ninserting ``chapter 81 or 87''.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c195","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Prosecutors Retirement \nBenefit Equity Act of 2001''.\n\nSEC. 2. INCLUSION OF FEDERAL PROSECUTORS IN THE DEFINITION OF A LAW \n              ENFORCEMENT OFFICER.\n\n    (a) Civil Service Retirement System.--\n            (1) In general.--Paragraph (20) of section 8331 of title 5, \n        United States Code, is amended by striking ``position.'' and \n        inserting ``position and a Federal prosecutor.''.\n            (2) Federal prosecutor defined.--Section 8331 of title 5, \n        United States Code, is amended--\n                    (A) in paragraph (27), by striking ``and'' at the \n                end;\n                    (B) in paragraph (28), by striking the period and \n                inserting ``; and''; and\n                    (C) by adding at the end the following:\n            ``(29) `Federal prosecutor' means--\n                    ``(A) an assistant United States attorney under \n                section 542 of title 28; or\n                    ``(B) an attorney employed by the Department of \n                Justice and designated by the Attorney General of the \n                United States.''.\n    (b) Federal Employees' Retirement System.--\n            (1) In general.--Paragraph (17) of section 8401 of title 5, \n        United States Code, is amended--\n                    (A) in subparagraph (C), by striking ``and'' at the \n                end;\n                    (B) in subparagraph (D), by adding ``and'' after \n                the semicolon; and\n                    (C) by adding at the end the following:\n                    ``(E) a Federal prosecutor;''.\n            (2) Federal prosecutor defined.--Section 8401 of title 5, \n        United States Code, is amended--\n                    (A) in paragraph (33), by striking ``and'' at the \n                end;\n                    (B) in paragraph (34), by striking the period and \n                inserting ``; and''; and\n                    (C) by adding at the end the following:\n            ``(35) `Federal prosecutor' means--\n                    ``(A) an assistant United States attorney under \n                section 542 of title 28; or\n                    ``(B) an attorney employed by the Department of \n                Justice and designated by the Attorney General of the \n                United States.''.\n    (c) Treatment Under Certain Provisions of Law (Unrelated to \nRetirement) To Remain Unchanged.--\n            (1) Original appointments.--Subsections (d) and (e) of \n        section 3307 of title 5, United States Code, are amended by \n        adding at the end of each the following: ``The preceding \n        sentence shall not apply in the case of an original appointment \n        of a Federal prosecutor as defined under section 8331(29) or \n        8401(35).''.\n            (2) Mandatory separation.--Sections 8335(b) and 8425(b) of \n        title 5, United States Code, are amended by adding at the end \n        of each the following: ``The preceding provisions of this \n        subsection shall not apply in the case of a Federal prosecutor \n        as defined under section 8331(29) or 8401(35).''.\n    (d) Effective Date.--The amendments made by this section shall take \neffect on the first day of the first applicable pay period beginning on \nor after 120 days after the date of enactment of this Act.\n\nSEC. 3. PROVISIONS RELATING TO INCUMBENTS.\n\n    (a) Definitions.--In this section, the term--\n            (1) ``Federal prosecutor'' means--\n                    (A) an assistant United States attorney under \n                section 542 of title 28, United States Code; or\n                    (B) an attorney employed by the Department of \n                Justice and designated by the Attorney General of the \n                United States; and\n            (2) ``incumbent'' means an individual who is serving as a \n        Federal prosecutor on the effective date of this section.\n    (b) Designated Attorneys.--If the Attorney General of the United \nStates makes any designation of an attorney to meet the definition \nunder subsection (a)(1)(B) for purposes of being an incumbent under \nthis section,--\n            (1) such designation shall be made before the effective \n        date of this section; and\n            (2) the Attorney General shall submit to the Office of \n        Personnel Management before that effective date--\n                    (A) the name of the individual designated; and\n                    (B) the period of service performed by that \n                individual as a Federal prosecutor before that \n                effective date.\n    (c) Notice Requirement.--Not later than 9 months after the date of \nenactment of this Act, the Department of Justice shall take measures \nreasonably designed to provide notice to incumbents on--\n            (1) their election rights under this Act; and\n            (2) the effects of making or not making a timely election \n        under this Act.\n    (d) Election Available to Incumbents.--\n            (1) In general.--An incumbent may elect, for all purposes, \n        to be treated--\n                    (A) in accordance with the amendments made by this \n                Act; or\n                    (B) as if this Act had never been enacted.\n            (2) Failure to elect.--Failure to make a timely election \n        under this subsection shall be treated in the same way as an \n        election under paragraph (1)(A), made on the last day allowable \n        under paragraph (3).\n            (3) Time limitation.--An election under this subsection \n        shall not be effective unless the election is made not later \n        than the earlier of--\n                    (A) 120 days after the date on which the notice \n                under subsection (c) is provided; or\n                    (B) the date on which the incumbent involved \n                separates from service.\n    (e) Limited Retroactive Effect.--\n            (1) Effect on retirement.--In the case of an incumbent who \n        elects (or is deemed to have elected) the option under \n        subsection (d)(1)(A), all service performed by that individual \n        as a Federal prosecutor shall--\n                    (A) to the extent performed on or after the \n                effective date of that election, be treated in \n                accordance with applicable provisions of subchapter III \n                of chapter 83 or chapter 84 of title 5, United States \n                Code, as amended by this Act; and\n                    (B) to the extent performed before the effective \n                date of that election, be treated in accordance with \n                applicable provisions of subchapter III of chapter 83 \n                or chapter 84 of such title, as if the amendments made \n                by this Act had then been in effect.\n            (2) No other retroactive effect.--Nothing in this Act \n        (including the amendments made by this Act) shall affect any of \n        the terms or conditions of an individual's employment (apart \n        from those governed by subchapter III of chapter 83 or chapter \n        84 of title 5, United States Code) with respect to any period \n        of service preceding the date on which such individual's \n        election under subsection (d) is made (or is deemed to have \n        been made).\n    (f) Individual Contributions for Prior Service.--\n            (1) In general.--An individual who makes an election under \n        subsection (d)(1)(A) may, with respect to prior service \n        performed by such individual, contribute to the Civil Service \n        Retirement and Disability Fund the difference between the \n        individual contributions that were actually made for such \n        service and the individual contributions that should have been \n        made for such service if the amendments made by section 2 had \n        then been in effect.\n            (2) Effect of not contributing.--If no part of or less than \n        the full amount required under paragraph (1) is paid, all prior \n        service of the incumbent shall remain fully creditable as law \n        enforcement officer service, but the resulting annuity shall be \n        reduced in a manner similar to that described in section \n        8334(d)(2) of title 5, United States Code, to the extent \n        necessary to make up the amount unpaid.\n            (3) Prior service defined.--For purposes of this section, \n        the term ``prior service'' means, with respect to any \n        individual who makes an election under subsection (d)(1)(A), \n        service performed by such individual before the date as of \n        which appropriate retirement deductions begin to be made in \n        accordance with such election.\n    (g) Government Contributions for Prior Service.--\n            (1) In general.--If an incumbent makes an election under \n        subsection (d)(1)(A), the Department of Justice shall remit to \n        the Office of Personnel Management, for deposit in the Treasury \n        of the United States to the credit of the Civil Service \n        Retirement and Disability Fund, the amount required under \n        paragraph (2) with respect to such service.\n            (2) Amount required.--The amount the Department of Justice \n        is required to remit is, with respect to any prior service, the \n        total amount of additional Government contributions to the \n        Civil Service Retirement and Disability Fund (over and above \n        those actually paid) that would have been required if the \n        amendments made by section 2 had then been in effect.\n            (3) Contributions to be made ratably.--Government \n        contributions under this subsection on behalf of an incumbent \n        shall be made by the Department of Justice ratably (on at least \n        an annual basis) over the 10-year period beginning on the date \n        referred to in subsection (f)(3).\n    (h) Regulations.--Except as provided under section 4, the Office of \nPersonnel Management shall prescribe regulations necessary to carry out \nthis Act, including provisions under which any interest due on the \namount described under subsection (f) shall be determined.\n    (i) Effective Date.--This section shall take effect 120 days after \nthe date of enactment of this Act.\n\nSEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS.\n\n    (a) Definition.--In this section the term ``Federal prosecutor'' \nhas the meaning given under section 3(a)(1).\n    (b) Regulations.--\n            (1) In general.--Not later than 120 days after the date of \n        enactment of this Act, the Attorney General of the United \n        States shall--\n                    (A) consult with the Office of Personnel Management \n                on this Act (including the amendments made by this \n                Act); and\n                    (B) promulgate regulations for making designations \n                of Federal prosecutors who are not assistant United \n                States attorneys.\n            (2) Contents.--Any regulations promulgated under paragraph \n        (1) shall ensure that attorneys designated as Federal \n        prosecutors who are not assistant United States attorneys have \n        routine employee responsibilities that are substantially \n        similar to those of assistant United States attorneys assigned \n        to the litigation of criminal cases, such as the representation \n        of the United States before grand juries and in trials, \n        appeals, and related court proceedings.\n    (c) Designations.--The designation of any Federal prosecutor who is \nnot an assistant United States attorney for purposes of this Act \n(including the amendments made by this Act) shall be at the discretion \nof the Attorney General of the United States.","title":""}
+{"_id":"c196","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Reserve Board Civil Rights \nCompliance Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) The passage of the Civil Rights Act of 1964 was a \n        milestone embodying a national policy of equal protection under \n        the law regardless of race, color, religion, sex, or national \n        origin.\n            (2) Title VII of the Civil Rights Act of 1964 protects \n        individuals against discrimination in the workplace.\n            (3) Section 717 of title VII of such Act applies to all \n        personnel actions affecting employees and applicants for \n        employment in an ``executive agency''.\n            (4) An ``executive agency'' is defined in section 105 of \n        title 5, United States Code, to include an ``independent \n        establishment'' in the executive branch.\n            (5) The Board of Governors of the Federal Reserve System \n        exercises extensive regulatory and enforcement authority as a \n        Federal banking agency (as defined in section 3 of the Federal \n        Deposit Insurance Act) with regard to State banks which are \n        members of a Federal reserve bank, bank holding companies, and \n        foreign bank operations in the United States under the Federal \n        Reserve Act, the Bank Holding Company Act of 1956, the Banking \n        Act of 1933, the International Banking Act of 1978, the Federal \n        Deposit Insurance Act, and other Federal laws, including the \n        authority to remove directors, officers, and employees from \n        their positions in banks and bank holding companies, the \n        authority to impose large civil money penalties, and the \n        authority to order the divestiture of banks by bank holding \n        companies.\n            (6) The Supreme Court of the United States has stated in \n        the case of Bowsher, Comptroller General of the United States \n        v. Synar, Member of Congress, et al., 478 U.S. 714, 733 (1986), \n        that ``[i]nterpreting a law enacted by Congress to implement \n        the legislative mandate is the very essence of `execution' of \n        the law'' and noted that the exercise of judgment concerning \n        facts that affect the application of an Act is typically made \n        by officers charged with executing a statute, ibid.\n            (7) The activities of the Board of Governors of the Federal \n        Reserve System clearly constitute ``execution of the law'' and \n        the Board is, therefore, clearly and unambiguously an \n        independent establishment in the executive branch (as such term \n        is used in section 104 of title 5, United States Code).\n            (8) The Equal Employment Opportunity Commission, which is \n        responsible for enforcing compliance with title VII of the \n        Civil Rights Act of 1964, has consistently and properly \n        interpreted title VII as applying to the Board of Governors of \n        the Federal Reserve System.\n            (9) The United States Court of Appeals for the District of \n        Columbia Circuit established, in the case of Hilliard v. \n        Volcker, 659 F.2d 1125 (D.C. Cir. 1981), that the Board of \n        Governors of the Federal Reserve System is an executive agency \n        within the meaning of section 105 of title 5, United States \n        Code, and section 717 of title VII of the Civil Rights Act of \n        1964.\n            (10) The Board of Governors of the Federal Reserve System \n        did not argue to the contrary while the case of Hilliard v. \n        Volcker was before the United States Court of Appeals for the \n        District of Columbia Circuit.\n            (11) On October 17, 1994, a jury in the case Bennett v. \n        Greenspan, C.A. No. 98-0813-RMU, (Dt. D.C.) found the Board of \n        Governors of the Federal Reserve liable for racial \n        discrimination, and retaliation, in violation of title VII of \n        the Civil Rights Act of 1964.\n            (12) The Board of Governors of the Federal Reserve System \n        has repeatedly suggested in correspondence with the Congress \n        that such Board is not an executive agency under section 105 of \n        title 5, United States Code, and is therefore not covered by \n        title VII of the Civil Rights Act of 1964.\n            (13) The Board of Governors of the Federal Reserve System \n        has acted inconsistently with current law in suggesting, \n        despite--\n                    (A) the unambiguous meaning of section 105 of title \n                5, United States Code,\n                    (B) the unambiguous language title VII of the Civil \n                Rights Act of 1964, and\n                    (C) the clear applicability of title VII of the \n                Civil Rights Act of 1964 to the Board of Governors of \n                the Federal Reserve in several cases brought against \n                the Board in the courts of the United States,\n        that the Board is not covered by title VII of the Civil Rights \n        Act of 1964.\n\nSEC. 3. REQUIRED POSTING OF NOTICES.\n\n    The Board of Governors of the Federal Reserve System shall post and \nkeep posted in conspicuous places upon its premises where such notices \nto employees and applicants for employment are customarily posted, and \nat such other places as the Equal Employment Opportunity Commission may \ndetermine, a notice to be prepared or approved by the Commission \nsetting forth--\n            (1) excerpts from or summaries of the pertinent provisions \n        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e \n        et seq.), and\n            (2) information pertinent to the rights and procedures \n        applicable under such Acts to employees of, and applicants for \n        employment by, the Board.\n\nSEC. 4. REPORT ON COMPLIANCE.\n\n    Not later than 180 days after the date of the enactment of this \nAct, the Board of Governors of the Federal Reserve System shall submit \na report, to the Committee on Banking and Financial Services of the \nHouse of Representatives and the Committee on Banking, Housing, and \nUrban Affairs of the Senate, describing in detail the actions taken by \nthe Board to achieve compliance with section 717 of the Civil Rights \nAct of 1964 (42 U.S.C. 2000e-16).","title":""}
+{"_id":"c197","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Federal Supervisor Training Act of \n2016''.\n\nSEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.\n\n    (a) In General.--Section 4121 of title 5, United States Code, is \namended--\n            (1) by inserting before ``In consultation with'' the \n        following:\n    ``(a) Definitions.--For purposes of this section--\n            ``(1) the term `program' means any activity, project, \n        function, or policy that has an identifiable purpose or set of \n        objectives; and\n            ``(2) the term `supervisor' means--\n                    ``(A) a supervisor, as defined under section \n                7103(a)(10);\n                    ``(B) a management official, as defined under \n                section 7103(a)(11); or\n                    ``(C) any other employee as the Director of the \n                Office of Personnel Management may by regulation \n                prescribe.'';\n            (2) by striking ``In consultation with'' and inserting \n        ``(b) Training Programs To Be Established.--In consultation \n        with''; and\n            (3) by striking paragraph (2) (of the matter redesignated \n        as subsection (b) as a result of the amendment under paragraph \n        (2) of this subsection) and inserting the following:\n            ``(2) a program--\n                    ``(A) to require supervisors to have individual \n                development plans that provide for training on actions, \n                options, and strategies a supervisor may use in--\n                            ``(i) developing and discussing relevant \n                        performance goals and objectives with the \n                        employee and ensuring the performance goals and \n                        objectives align to the mission and priority \n                        goals of the agency;\n                            ``(ii) communicating and discussing \n                        progress relative to performance goals and \n                        objectives, and conducting performance \n                        appraisals;\n                            ``(iii) mentoring and motivating employees \n                        and improving employee engagement, performance, \n                        and productivity;\n                            ``(iv) fostering a work environment \n                        characterized by fairness, respect, equal \n                        opportunity, and attention paid to the merit of \n                        the work of employees;\n                            ``(v) effectively managing employees with \n                        unacceptable performance, including training to \n                        understand the disciplinary options and \n                        procedures available to the supervisor;\n                            ``(vi) effectively using the probationary \n                        period to examine whether an employee has \n                        demonstrated successful performance or conduct \n                        to continue past the probationary period;\n                            ``(vii) addressing reports of a hostile \n                        work environment, retaliation, or harassment \n                        of, or by, another supervisor or employee;\n                            ``(viii) meeting supervisor competencies \n                        established by the Office of Personnel \n                        Management or the employing agency of the \n                        supervisor;\n                            ``(ix) collaborating with human resources \n                        employees to recruit, select, appraise, and \n                        reward employees to build a workforce based on \n                        organizational goals, budget considerations, \n                        and staffing needs; and\n                            ``(x) otherwise carrying out the duties or \n                        responsibilities of a supervisor;\n                    ``(B) to provide training to supervisors on the \n                prohibited personnel practices under section 2302 \n                (particularly with respect to such practices described \n                under paragraphs (1) and (8) of subsection (b) of that \n                section), employee rights, and the procedures and \n                processes used to enforce employee rights; and\n                    ``(C) under which experienced supervisor mentors \n                are identified, evaluated, and approved to provide \n                guidance and advice to new or underperforming \n                supervisors to--\n                            ``(i) transfer knowledge and advice in \n                        areas such as communication, critical thinking, \n                        responsibility, flexibility, motivating and \n                        engaging employees, teamwork, leadership, and \n                        professional development; and\n                            ``(ii) identify strengths and areas for \n                        development.\n    ``(c) Requirements for Training Design.--Training in the program \ncomponents established under subparagraphs (A) and (B) of subsection \n(b)(2) shall--\n            ``(1) be designed using principles of adult learning and an \n        industry standard instructional design model; and\n            ``(2) to the extent practicable, as determined by the \n        agency, be training that is instructor-based.\n    ``(d) Timing of Training.--\n            ``(1) Initial training.--\n                    ``(A) In general.--Not later than 1 year after the \n                date on which an individual is appointed to the \n                position of supervisor, that individual shall be \n                required to have completed each program component \n                established under subsection (b)(2).\n                    ``(B) Extensions.--The Director of the Office of \n                Personnel Management may establish and administer \n                procedures under which an agency may extend the 1-year \n                period described under subparagraph (A) with respect to \n                an individual.\n            ``(2) Subsequent training.--After completion of a program \n        component under subparagraphs (A) and (B) of subsection (b)(2), \n        each supervisor shall be required to complete a program \n        component under such subparagraphs not less frequently than \n        once every 3 years.\n            ``(3) Credit for similar training.--Each program component \n        established under subsection (b)(2) shall include provisions \n        under which the agency gives a supervisor credit toward a \n        period of training that the agency determines is similar to \n        training that the supervisor previously completed.\n            ``(4) Effectiveness evaluation.--Each agency shall measure \n        the effectiveness of training program components established \n        under subsection (b)(2).\n    ``(e) Information on Developmental Opportunities.--An agency shall \nmake available to each supervisor--\n            ``(1) a detailed list of developmental opportunities \n        available to the supervisor; and\n            ``(2) the policies of the agency for requiring supervisor \n        development.\n    ``(f) Regulations.--Notwithstanding section 4118(c), the Director \nof the Office of Personnel Management shall prescribe regulations to \ncarry out this section, including the monitoring of agency compliance \nwith this section. Regulations prescribed under this subsection shall \ninclude measures by which to assess the effectiveness of agency \nsupervisor training programs.''.\n    (b) Report on Extensions for Training Requirements.--\n            (1) Appropriate congressional committees.--In this \n        subsection, the term ``appropriate congressional committees'' \n        means--\n                    (A) the Committee on Homeland Security and \n                Governmental Affairs of the Senate; and\n                    (B) the Committee on Oversight and Government \n                Reform of the House of Representatives.\n            (2) Report.--Not later than 2 years after the date of \n        enactment of this Act and annually thereafter, the Director of \n        the Office of Personnel Management shall submit a report with \n        respect to the preceding fiscal year to the appropriate \n        congressional committees on--\n                    (A) the number of extensions granted under section \n                4121(d)(1)(B) of title 5, United States Code, as added \n                by subsection (a) of this section, which shall \n                include--\n                            (i) a brief description of the reason why \n                        the training was not completed;\n                            (ii) the actions the agency plans to take \n                        to ensure training is received; and\n                            (iii) the date by which the agency intends \n                        to complete the training; and\n                    (B) the number of individuals completing the \n                requirements of section 4121(d)(1)(A) of title 5, \n                United States Code, as added by subsection (a) of this \n                section.\n    (c) Regulations.--Not later than 1 year after the date of enactment \nof this Act, the Director of the Office of Personnel Management shall \nprescribe regulations under section 4121(f) of title 5, United States \nCode, as added by subsection (a) of this section.\n    (d) Career Track for Technical Experts.--Section 5106 of title 5, \nUnited States Code, is amended by adding at the end the following:\n    ``(d) To the extent practicable under the requirements under this \nchapter, each agency shall develop a career track for employees of the \nagency whom the agency determines are mission critical technical \nexperts that affords the employees the opportunity for career \nadvancement, without being required to be appointed to a management or \nsupervisory position.''.\n    (e) Effective Date and Application.--\n            (1) In general.--The amendments made by this section shall \n        take effect 1 year after the date of enactment of this Act.\n            (2) Applicability.--The amendments made by this section \n        shall apply to--\n                    (A) each individual appointed to the position of a \n                supervisor, as defined under section 4121(a) of title \n                5, United States Code (as added by subsection (a) of \n                this section), on or after the effective date of the \n                amendments; and\n                    (B) each individual who is employed in the position \n                of a supervisor on the effective date of the amendments \n                as provided under paragraph (3).\n            (3) Existing supervisors.--Each individual who is employed \n        in the position of a supervisor, as defined under section \n        4121(a) of title 5, United States Code (as added by subsection \n        (a) of this section), on the effective date of the amendments \n        made by this section and is not subject to an extension under \n        section 4121(d)(1)(B) of title 5, United States Code (as added \n        by subsection (a) of this section) shall be required to--\n                    (A) complete each program component established \n                under subparagraphs (A) and (B) of section 4121(b)(2) \n                of title 5, United States Code (as added by subsection \n                (a) of this section), not later than 3 years after the \n                effective date of the amendments; and\n                    (B) complete program components every 3 years \n                thereafter in accordance with paragraphs (2) and (3) of \n                section 4121(d) of that title (as added by subsection \n                (a) of this section).\n    (f) GAO Report.--Not later than 1 year after the date of enactment \nof this Act, the Comptroller General shall submit to Congress a report \non the mandatory training programs required to be established by under \nsection 4121(b)(2) of title 5, United States Code (as added by \nsubsection (a) of this section) and the effectiveness of those \nprograms.\n\nSEC. 3. MANAGEMENT COMPETENCIES.\n\n    (a) In General.--Chapter 43 of title 5, United States Code, is \namended--\n            (1) by redesignating section 4305 as section 4306; and\n            (2) by inserting after section 4304 the following:\n``Sec. 4305. Management competencies\n    ``(a) Definition.--In this section, the term `supervisor' means--\n            ``(1) a supervisor, as defined under section 7103(a)(10);\n            ``(2) a management official, as defined under section \n        7103(a)(11); or\n            ``(3) any other employee as the Director of the Office of \n        Personnel Management may by regulation prescribe.\n    ``(b) Guidance.--The Director of the Office of Personnel Management \nshall issue guidance to agencies on competencies supervisors are \nexpected to meet in order to effectively manage, and be accountable for \nmanaging, the performance of employees.\n    ``(c) Assessment by Agencies.--Based on guidance issued under \nsubsection (b) and on any additional competencies developed by an \nagency, each agency shall assess the performance of the supervisors and \nthe overall capacity of the supervisors in that agency.\n    ``(d) Reports.--Every year, or on any basis requested by the \nDirector of the Office of Personnel Management, each agency shall \nsubmit to the Office of Personnel Management a report on the progress \nof the agency in implementing this section, including measures used to \nassess program effectiveness.''.\n    (b) Technical and Conforming Amendments.--\n            (1) Table of sections.--The table of sections for chapter \n        43 of title 5, United States Code, is amended by striking the \n        item relating to section 4305 and inserting the following:\n\n``4305. Management competencies.\n``4306. Regulations.''.\n            (2) Reference.--Section 4304(b)(3) of title 5, United \n        States Code, is amended by striking ``section 4305'' and \n        inserting ``section 4306''.","title":""}
+{"_id":"c198","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Film Disclosure Act of 1993''.\n\nSEC. 2. AMENDMENT TO THE LANHAM ACT.\n\n    Section 43 of the Act entitled ``An Act to provide for the \nregistration and protection of trade-marks used in commerce, to carry \nout the provisions of certain international conventions, and for other \npurposes'', approved July 5, 1946, commonly known as the Lanham Act (15 \nU.S.C. 1125), is amended by adding at the end the following:\n    ``(c)(1)(A) Any distributor or network that proposes to exploit a \nmaterially altered motion picture shall--\n            ``(i) make a good faith effort to notify each artistic \n        author of the motion picture in writing and by registered mail \n        and in a reasonable amount of time prior to such exploitation;\n            ``(ii) determine the objections of any artistic author so \n        notified to any material alteration of the motion picture;\n            ``(iii) determine the objection of any artistic author so \n        notified by the questionnaire set forth in paragraph (9) to any \n        type of future material alterations which are in addition to \n        those specifically proposed for the motion picture to be \n        exploited;\n            ``(iv) if any objections under clause (ii) or (iii) are \n        determined, include the applicable label under paragraph (6) or \n        (8) in, or affix such label to, all copies of the motion \n        picture before--\n                    ``(I) the public performance of the materially \n                altered motion picture if it is already in \n                distribution, or\n                    ``(II) the initial distribution of the materially \n                altered motion picture to any exhibitor or retail \n                provider; and\n            ``(v) in the event of objections by an artistic author to \n        any future material alterations, include or affix such \n        objections to any copy of the motion picture distributed or \n        transmitted to any exhibitor or retail provider.\n    ``(B) Whenever a distributor or network exploits a motion picture \nwhich has already been materially altered, such distributor or network \nshall not be required to satisfy the requirements of subparagraph (A) \n(i), (ii), and (iii), if--\n            ``(i) such distributor or network does not further \n        materially alter such motion picture; and\n            ``(ii) such motion picture was materially altered by \n        another distributor or network that complied fully with all of \n        the requirements of subparagraph (A).\n    ``(C)(i) The requirement of a good faith effort under subparagraph \n(A)(i) is satisfied if a distributor or network that has not previously \nbeen notified by each artistic author of a motion picture--\n            ``(I) requests in writing the name and address of each \n        artistic author of the motion picture from the appropriate \n        professional guild, indicating a response date of not earlier \n        than 30 days after the date of the request, by which the \n        appropriate professional guild must respond; and\n            ``(II) upon receipt of such information from the \n        appropriate professional guild within the time specified in the \n        request, notifies each artistic author of the motion picture in \n        a reasonable amount of time before the exploitation of the \n        motion picture by such network or distributor.\n    ``(ii) The notice to each artistic author under this paragraph \nshall contain a specific date, not earlier than 30 days after the date \nof such notice, by which the individual so notified shall respond in \naccordance with subparagraph (A)(ii). Failure of the artistic author or \nthe appropriate professional guild to respond within the time period \nspecified in the notice shall relieve the distributor or network of all \nliability under subparagraph (A).\n    ``(D) The requirements of this paragraph for an exhibitor shall be \nlimited to--\n            ``(i) broadcasting, cablecasting, exhibiting, or \n        distributing all labels required under this section in their \n        entirety that are included with or distributed by the network \n        or distributor of the motion picture; and\n            ``(ii) including or affixing a label described in \n        paragraphs (6) and (8) on a materially altered motion picture \n        for any material alterations performed by the exhibitor to \n        which any artistic author has objected under subparagraph \n        (A)(iii).\n    ``(E)(i) The provisions of this paragraph shall apply with respect \nto motion pictures intended for home use through either retail purchase \nor rental, except that no requirement imposed under this paragraph \nshall apply to a motion picture which has been packaged for \ndistribution to retail providers before the effective date of this \nsubsection.\n    ``(ii) The obligations under this paragraph of a retail provider of \nmotion pictures intended for home use shall be limited to including or \ndistributing all labels required under this paragraph in their entirety \nthat are affixed or included by a distributor or network.\n    ``(F) There shall be no consideration in excess of one dollar given \nin exchange for an artistic author's waiver of any objection or waiver \nof the right to object under this subsection.\n    ``(2)(A) Any artistic author of a motion picture that is exploited \nwithin the United States who believes he or she is or is likely to be \ndamaged by a violation of this subsection may bring a civil action for \nappropriate relief, as provided in this paragraph, on account of such \nviolation, without regard to the nationality or domicile of the \nartistic author.\n    ``(B)(i) In any action under subparagraph (A), the court shall have \npower to grant injunctions, according to the principles of equity and \nupon such terms as the court deems reasonable, to prevent the violation \nof this subsection. Any such injunction may include a provision \ndirecting the defendant to file with the court and serve on the \nplaintiff, within 30 days after the service on the defendant of such \ninjunction, or such extended period as the court may direct, a report \nin writing under oath setting forth in detail the manner and form in \nwhich the defendant has complied with the injunction. Any such \ninjunction granted upon hearing, after notice to the defendant, by any \ndistrict court of the United States--\n            ``(I) may be served on the parties against whom such \n        injunction is granted anywhere in the United States where they \n        may be found; and\n            ``(II) shall be operative and may be enforced by \n        proceedings to punish for contempt, or otherwise, by the court \n        by which such injunction was granted, or by any other United \n        States district court in whose jurisdiction the defendant may \n        be found.\n    ``(ii) When a violation of any right of an artistic author is \nestablished in any civil action arising under this subsection, the \nplaintiff shall be entitled to the remedies provided under section \n35(a).\n    ``(iii) In any action under subparagraph (A), the court may order \nthat all film packaging of a materially altered motion picture \n(including film packages of motion pictures intended for home use \nthrough either retail purchase or rental) that is the subject of the \nviolation shall be delivered up and destroyed.\n    ``(C) No action shall be maintained under this paragraph unless it \nis commenced within 1 year after the right of action accrues.\n    ``(3) Any disclosure requirements imposed under the common law or \nstatutes of any State respecting the material alteration of motion \npictures are preempted by this subsection.\n    ``(4) To facilitate the location of a potentially aggrieved party, \neach artistic author of a motion picture may notify the copyright owner \nof the motion picture or any appropriate professional guild. The \nprofessional guilds may each maintain a Professional Guild Registry \nincluding the names and addresses of artistic authors so notifying them \nand may make available information contained in a Professional Guild \nRegistry in order to facilitate the location of any artistic author for \npurposes of paragraph (1)(A). No cause of action shall accrue against \nany professional guild for failure to create or maintain a Professional \nGuild Registry or for any failure to provide information pursuant to \nparagraph (1)(A)(i).\n    ``(5) As used in this subsection--\n            ``(A) the term `artistic author' means the principal \n        director and principal screenwriter of a motion picture and, to \n        the extent a motion picture is colorized or its photographic \n        images materially altered, the principal cinematographer of the \n        motion picture;\n            ``(B) the term `colorize' means to add color, by whatever \n        means, to a motion picture originally made in black and white, \n        and the term `colorization' means the act of colorizing;.\n            ``(C) the term `distributor'--\n                    ``(i) means any person, vendor, or syndicator who \n                engages in the wholesale distribution of motion \n                pictures to any exhibitor, network, retail provider, or \n                other person who publicly performs motion pictures by \n                means of any technology, and\n                    ``(ii) does not include laboratories or other \n                providers of technical services to the motion picture, \n                video, or television industry;\n            ``(D) the term `editing' means the purposeful or accidental \n        removal of existing material or insertion of new material;\n            ``(E) the term `exhibitor' means any local broadcast \n        station, cable system, airline, motion picture theater, or \n        other person that publicly performs a motion picture by means \n        of any technology;\n            ``(F) the term `exploit' means to exhibit publicly or offer \n        to the public through sale or lease, and the term \n        `exploitation' means the act of exploiting;\n            ``(G) the term `film' or `motion picture' means--\n                    ``(i) a theatrical motion picture, after its \n                publication, of 60 minutes duration or greater, \n                intended for exhibition, public performance, public \n                sale or lease, and\n                    ``(ii) does not include episodic television \n                programs of less than 60 minutes duration (exclusive of \n                commercials), motion pictures prepared for private \n                commercial or industrial purposes, or advertisements;\n            ``(H) the term `lexiconning' means altering the sound track \n        of a motion picture to conform the speed of the vocal or \n        musical portion of the motion picture to the visual images of \n        the motion picture, in a case in which the motion picture has \n        been the subject of time compression or expansion;\n            ``(I) the terms `materially alter' and `material \n        alteration'--\n                    ``(i) refer to any change made to a motion picture;\n                    ``(ii) include, but are not limited to, the \n                processes of colorization, lexiconning, time \n                compression or expansion, panning and scanning, and \n                editing; and\n                    ``(iii) do not include insertions for commercial \n                breaks or public service announcements, editing to \n                comply with the requirements of the Federal \n                Communications Commission (in this subparagraph \n                referred to as the `FCC'), transfer of film to \n                videotape or any other secondary media preparation of a \n                motion picture for foreign distribution to the extent \n                that subtitling and editing are limited to those \n                alterations made under foreign standards which are no \n                more stringent than existing FCC standards, or \n                activities the purpose of which is the restoration of \n                the motion picture to its original version;\n            ``(J) the term `network' means any person who distributes \n        motion pictures to broadcasting stations or cable systems on a \n        regional or national basis for public performance on an \n        interconnected basis;\n            ``(K) the term `panning and scanning' means the process by \n        which a motion picture, composed for viewing on theater \n        screens, is adapted for viewing on television screens by \n        modification of the ratio of width to height of the motion \n        picture and the selection, by a person other than the principal \n        director of the motion picture, of some portion of the entire \n        picture for viewing;\n            ``(L) the term `professional guild' means--\n                    ``(i) in the case of directors, the Directors Guild \n                of America (DGA);\n                    ``(ii) in the case of screenwriters, the Writers \n                Guild of America-West (WGA-W) and the Writers Guild of \n                America-East (WGA-E); and\n                    ``(iii) in the case of cinematographers, the \n                International Photographers Guild (IPG), and the \n                American Society of Cinematographers (ASC);\n            ``(M) the term `Professional Guild Registry' means a list \n        of names and addresses of artistic authors that is readily \n        available from the files of a professional guild;\n            ``(N) the term `publication' means, with respect to a \n        motion picture, the first paid public exhibition of the work \n        other than previews, trial runs, and festivals;\n            ``(O) the term `retail provider' means the proprietor of a \n        retail outlet that sells or leases motion pictures for home \n        use;\n            ``(P) the term `secondary media' means any medium, \n        including, but not limited to, video cassette or video disc, \n        other than television broadcast or theatrical release, for use \n        on which motion pictures are sold, leased, or distributed to \n        the public;\n            ``(Q) the term `syndicator' means any person who \n        distributes a motion picture to a broadcast television station, \n        cable television system, or any other means of distribution by \n        which programming is delivered to television viewers;\n            ``(R) the terms `time compression' and `time expansion' \n        mean the alteration of the speed of a motion picture or a \n        portion thereof with the result of shortening or lengthening \n        the running time of the motion picture; and\n            ``(S) the term `vendor' means the wholesaler or packager of \n        a motion picture which is intended for wholesale distribution \n        to retail providers.\n    ``(6)(A) A label for a materially altered version of a motion \npicture intended for public performance or home use shall consist of a \npanel card immediately preceding the commencement of the motion \npicture, which bears one or more of the following statements, as \nappropriate, in legible type and displayed on a conspicuous and \nreadable basis:\n    `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED. ______ mins. and \n______ secs. have been cut [or, if appropriate, added]. The director, \n__________________ ____________________, and screenwriter, __________ \n__________, object because this alteration changes the narrative and\/or \ncharacterization. It has (also) been panned and scanned. The director \nand cinematographer, __________ __________, object because this \nalteration removes visual information and changes the composition of \nthe images. It has (also) been colorized. Colors have been added by \ncomputer to the original black and white images. The director and \ncinematographer object to this alteration because it eliminates the \nblack and white photography and changes the photographic images of the \nactors. It has (also) been electronically speeded up (or slowed down). \nThe director objects because this alteration changes the pace of the \nperformances.'\n    ``(B) A label for a motion picture that has been materially altered \nin a manner not described by any of the label elements set forth in \nsubparagraph (A) shall contain a statement similar in form and \nsubstance to those set forth in subparagraph (A) which accurately \ndescribes the material alteration and the objection of the artistic \nauthor.\n    ``(7) A label for a motion picture which has been materially \naltered in more than one manner, or of which an individual served as \nmore than one artistic author, need only state the name of the artistic \nauthor once, in the first objection of the artistic author so listed. \nIn addition, a label for a motion picture which has been materially \naltered in more than one manner need only state once, at the beginning \nof the label: `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED.'.\n    ``(8) A label for a film package of a materially altered motion \npicture shall consist of--\n            ``(A) an area of a rectangle on the front of the package \n        which bears, as appropriate, one or more of the statements \n        listed in paragraph (6) in a conspicuous and legible type in \n        contrast by typography, layout, or color with other printed \n        matter on the package; and\n            ``(B) an area of a rectangle on the side of the package \n        which bears, as appropriate, one or more of the statements \n        listed in paragraph (6) in a conspicuous and legible type in \n        contrast by typography, layout, or color with other printed \n        matter on the package.\n    ``(9) The questionnaire required under paragraph (1)(A)(iii) shall \nconsist of the following statement and related questions:\n            `In order to conform [insert name of motion picture], of \n        which you are an ``artistic author'', to ancillary media such \n        as television, airline exhibition, video cassettes, video \n        discs, or any other media, do you object to:\n    `(a) Editing (purposeful or accidental deletion or addition of \nprogram material)?\n            Yes____________      No______________\n    `(b) Time compression\/time expansion\/lexiconning?\n            Yes____________      No______________\n    `(c) Panning and scanning?\n            Yes____________      No______________\n    `(d) Colorization, if the motion picture was originally made in \nblack and white?\n            Yes____________      No______________'.''\n\nSEC. 4. EFFECTIVE DATE.\n\n    This Act and the amendments made by this Act shall take effect 180 \ndays after the date of the enactment of this Act.\n\n                                 \n\nHR 1731 IH----2","title":""}
+{"_id":"c199","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Financial Derivatives Supervisory \nImprovement Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds as follows:\n            (1) There should be consistency, coordination, and clarity \n        in the regulation of derivative instruments used by financial \n        institutions.\n            (2) Banks and their affiliates developed, and remain the \n        principal participants in, the derivatives markets.\n            (3) Regulation of the derivatives markets directly affects \n        the liquidity, efficiency, capital position, and safety and \n        soundness of the banking industry and the safety and soundness \n        of the Federal deposit insurance fund.\n            (4) Regulation of the derivatives markets has profound \n        consequences for the continued effectiveness of the bank \n        supervisory process, including the capital provisions of the \n        Federal banking agencies.\n            (5) Statutes and regulations governing use of financial \n        derivatives by depository institutions in the United States, \n        including over-the-counter and exchange-traded derivatives, \n        should be brought up to date to reflect the rapid evolution of \n        the markets in recent years, framed so as to keep pace with \n        changes in the markets brought on by the onrush of \n        technological advances, and formulated in a manner that \n        enhances the legal certainty of derivatives transactions.\n            (6) The Congress desires interagency cooperation to \n        harmonize, to the maximum extent possible, United States rules \n        and regulations related to the derivatives markets.\n            (7) Regulatory arbitrage is a fact of commerce, with market \n        participants having the tendency to move to the weakest \n        regulator.\n            (8) The stability of the international financial system and \n        the competitive position of United States financial \n        institutions are jeopardized if foreign markets are regulated \n        less prudently than United States markets.\n\nSEC. 3. ESTABLISHMENT OF WORKING GROUP ON FINANCIAL DERIVATIVES.\n\n    (a) Establishment; Composition.--There is established the Working \nGroup on Financial Derivatives, which shall consist of--\n            (1) the Secretary of the Treasury;\n            (2) the Chairman of the Board of Governors of the Federal \n        Reserve System;\n            (3) the Chairman of the Securities and Exchange Commission;\n            (4) the Chairman of the Commodity Futures Trading \n        Commission;\n            (5) the Comptroller of the Currency;\n            (6) the Director of the Office of Thrift Supervision;\n            (7) the Chairperson of the Board of Directors of the \n        Federal Deposit Insurance Corporation; and\n            (8) the President of the Federal Reserve Bank of New York.\n    (b) Chairmanship.--The Chairman of the Working Group on Financial \nDerivatives shall be the Secretary of the Treasury.\n    (c) Designation of Officers and Employees.--The members of the \nWorking Group on Financial Derivatives may, from time to time, \ndesignate other officers or employees of their respective agencies to \nassist in carrying out the duties on the Working Group on Financial \nDerivatives.\n    (d) Establishment of Advisory Committees.--In the development of \nrecommendations related to derivative products, the Working Group on \nFinancial Derivatives shall consult, to the widest extent possible, \nwith market participants, and may establish advisory committees \naccordingly.\n    (e) Sunset; Reports.--The Working Group on Financial Derivatives \nshall cease to exist upon the enactment of legislation authorizing \nappropriations for the Commodity Futures Trading Commission for any \nfiscal year after fiscal year 2000. The Secretary of the Treasury and \nthe Chairman of the Board of Governors of the Federal Reserve System \nshall submit to the Congress every 6 months, during the 4-year period \nbeginning on the date of such cessation, a report on the progress of \nthe implementation of the recommendations of the Working Group on \nFinancial Derivatives.\n\nSEC. 4. STUDY AND RECOMMENDATIONS ON REGULATION OF DERIVATIVES MARKETS.\n\n    (a) Study.--The Working Group on Financial Derivatives established \nunder section 2--\n            (1) shall conduct a study on the regulation of the \n        derivatives markets, including over-the-counter derivatives and \n        exchange-traded derivatives, in which depository institutions, \n        brokers or dealers registered under the Securities and Exchange \n        Act of 1934, foreign banks, or affiliates of a depository \n        institution or a foreign bank, participate; and\n            (2) shall develop recommendations for modernizing and \n        harmonizing statutes, regulations, and policies--\n                    (A) to reflect changes in the markets described in \n                paragraph (1);\n                    (B) to improve their operations;\n                    (C) to enhance legal certainty for all types of \n                instruments related to such markets, including hybrid \n                instruments and swap agreements; and\n                    (D) to promote the harmonization of regulation of \n                such markets worldwide.\n    (b) Reports.--\n            (1) Interim report.--Not later than 6 months after the date \n        of the enactment of this Act, the Working Group on Financial \n        Derivatives established under section 2 shall submit an interim \n        report to the Congress describing the working group's progress.\n            (2) Final report.--Not later than 1 year after the date of \n        the enactment of this Act, the Working Group on Financial \n        Derivatives established under section 2 shall submit a final \n        report to the Congress describing the study conducted under \n        subsection (a)(1) and containing the recommendations developed \n        under subsection (a)(2).\n            (3) Separate views.--The reports under paragraph (1) and \n        (2) may include separately stated views of any member of the \n        working group.\n\nSEC. 5. PROTECTION OF INTERNATIONAL BANKING SYSTEM.\n\n    To protect customers, stabilize the international financial system, \nand underpin the safety and soundness of banking institutions in the \nUnited States and the banking system around the world, the Government \nof the United States and the Working Group on Financial Derivatives \nshould make a high priority continual negotiations to ensure that \nforeign markets and regulatory bodies establish and maintain \nregulations comparably prudent to those applicable in United States \nmarkets.\n\nSEC. 6. RESTRICTIONS RELATING TO HYBRID INSTRUMENTS AND SWAP \n              AGREEMENTS.\n\n    Notwithstanding any other provision of law--\n            (1) during the period beginning on the date of the \n        enactment of this Act and ending upon the enactment of \n        legislation authorizing appropriations for the Commodity \n        Futures Trading Commission for any fiscal year after fiscal \n        year 2000, the Commodity Futures Trading Commission may not, \n        without the approval of the Secretary of the Treasury, propose \n        or promulgate any rule, regulation, or order, or issue any \n        interpretive or policy statement, that restricts or regulates \n        activity in a hybrid instrument or swap agreement--\n                    (A) that is eligible for exemption under part 34 or \n                35 of title 17, Code of Federal Regulations (as in \n                effect on January 1, 1998); and\n                    (B) to which a depository institution, a broker or \n                dealer registered under the Securities and Exchange Act \n                of 1934, a foreign bank, or an affiliate of a \n                depository institution or a foreign bank, is a party; \n                and\n            (2) a hybrid instrument or swap agreement described in \n        paragraph (1) that is entered into before the period described \n        in such paragraph shall not be subject to section 2(a)(1)(B)(v) \n        of the Commodity Exchange Act (7 U.S.C. 2a(a)(1)(B)(v)).\n\nSEC. 7. DEFINITIONS.\n\n    For purposes of this Act:\n            (1) The term ``depository institution'' has the meaning \n        given such term in section 19(b)(1)(A) of the Federal Reserve \n        Act (12 U.S.C. 461(b)(1)(A)).\n            (2) The term ``foreign bank'' has the meaning given such \n        term in section 1(b)(7) of the International Banking Act of \n        1978 (12 U.S.C. 3101(b)(7)).","title":""}
+{"_id":"c2","text":"OF CLAIMS.\n\n    (a) In General.--Except as otherwise provided for in this section, \nthe time for the commencement of a health care lawsuit shall be 3 years \nafter the date of manifestation of injury or 1 year after the claimant \ndiscovers, or through the use of reasonable diligence should have \ndiscovered, the injury, whichever occurs first.\n    (b) General Exception.--The time for the commencement of a health \ncare lawsuit shall not exceed 3 years after the date of manifestation \nof injury unless the tolling of time was delayed as a result of--\n            (1) fraud;\n            (2) intentional concealment; or\n            (3) the presence of a foreign body, which has no \n        therapeutic or diagnostic purpose or effect, in the person of \n        the injured person.\n    (c) Minors.--An action by a minor shall be commenced within 3 years \nfrom the date of the alleged manifestation of injury except that if \nsuch minor is under the full age of 6 years, such action shall be \ncommenced within 3 years of the manifestation of injury, or prior to \nthe eighth birthday of the minor, whichever provides a longer period. \nSuch time limitation shall be tolled for minors for any period during \nwhich a parent or guardian and a health care provider or health care \norganization have committed fraud or collusion in the failure to bring \nan action on behalf of the injured minor.\n\nSEC. 5. COMPENSATING PATIENT INJURY.\n\n    (a) Unlimited Amount of Damages for Actual Economic Losses in \nHEALTH Care Lawsuits.--In any health care lawsuit, nothing in this Act \nshall limit the recovery by a claimant of the full amount of the \navailable economic damages, notwithstanding the limitation contained in \nsubsection (b).\n    (b) Additional Noneconomic Damages.--In any health care lawsuit, \nthe amount of noneconomic damages recovered, if otherwise available \nunder applicable Federal or State law, may be as much as $250,000, \nregardless of the number of parties against whom the action is brought \nor the number of separate claims or actions brought with respect to the \nsame occurrence.\n    (c) No Discount of Award for Noneconomic Damages.--In any health \ncare lawsuit--\n            (1) an award for future noneconomic damages shall not be \n        discounted to present value;\n            (2) the jury shall not be informed about the maximum award \n        for noneconomic damages under subsection (b);\n            (3) an award for noneconomic damages in excess of $250,000 \n        shall be reduced either before the entry of judgment, or by \n        amendment of the judgment after entry of judgment, and such \n        reduction shall be made before accounting for any other \n        reduction in damages required by law; and\n            (4) if separate awards are rendered for past and future \n        noneconomic damages and the combined awards exceed $250,000, \n        the future noneconomic damages shall be reduced first.\n    (d) Fair Share Rule.--In any health care lawsuit, each party shall \nbe liable for that party's several share of any damages only and not \nfor the share of any other person. Each party shall be liable only for \nthe amount of damages allocated to such party in direct proportion to \nsuch party's percentage of responsibility. A separate judgment shall be \nrendered against each such party for the amount allocated to such \nparty. For purposes of this section, the trier of fact shall determine \nthe proportion of responsibility of each party for the claimant's harm.\n\nSEC. 6. MAXIMIZING PATIENT RECOVERY.\n\n    (a) Court Supervision of Share of Damages Actually Paid to \nClaimants.--\n            (1) In general.--In any health care lawsuit, the court \n        shall supervise the arrangements for payment of damages to \n        protect against conflicts of interest that may have the effect \n        of reducing the amount of damages awarded that are actually \n        paid to claimants.\n            (2) Contingency fees.--\n                    (A) In general.--In any health care lawsuit in \n                which the attorney for a party claims a financial stake \n                in the outcome by virtue of a contingent fee, the court \n                shall have the power to restrict the payment of a \n                claimant's damage recovery to such attorney, and to \n                redirect such damages to the claimant based upon the \n                interests of justice and principles of equity.\n                    (B) Limitation.--The total of all contingent fees \n                for representing all claimants in a health care lawsuit \n                shall not exceed the following limits:\n                            (i) 40 percent of the first $50,000 \n                        recovered by the claimant(s).\n                            (ii) 33\\1\/3\\ percent of the next $50,000 \n                        recovered by the claimant(s).\n                            (iii) 25 percent of the next $500,000 \n                        recovered by the claimant(s).\n                            (iv) 15 percent of any amount by which the \n                        recovery by the claimant(s) is in excess of \n                        $600,000.\n    (b) Applicability.--\n            (1) In general.--The limitations in subsection (a) shall \n        apply whether the recovery is by judgment, settlement, \n        mediation, arbitration, or any other form of alternative \n        dispute resolution.\n            (2) Minors.--In a health care lawsuit involving a minor or \n        incompetent person, a court retains the authority to authorize \n        or approve a fee that is less than the maximum permitted under \n        this section.\n    (c) Expert Witnesses.--\n            (1) Requirement.--No individual shall be qualified to \n        testify as an expert witness concerning issues of negligence in \n        any health care lawsuit against a defendant unless such \n        individual--\n                    (A) except as required under paragraph (2), is a \n                health care professional who--\n                            (i) is appropriately credentialed or \n                        licensed in 1 or more States to deliver health \n                        care services; and\n                            (ii) typically treats the diagnosis or \n                        condition or provides the type of treatment \n                        under review; and\n                    (B) can demonstrate by competent evidence that, as \n                a result of training, education, knowledge, and \n                experience in the evaluation, diagnosis, and treatment \n                of the disease or injury which is the subject matter of \n                the lawsuit against the defendant, the individual was \n                substantially familiar with applicable standards of \n                care and practice as they relate to the act or omission \n                which is the subject of the lawsuit on the date of the \n                incident.\n            (2) Physician review.--In a health care lawsuit, if the \n        claim of the plaintiff involved treatment that is recommended \n        or provided by a physician (allopathic or osteopathic), an \n        individual shall not be qualified to be an expert witness under \n        this subsection with respect to issues of negligence concerning \n        such treatment unless such individual is a physician.\n            (3) Specialties and subspecialties.--With respect to a \n        lawsuit described in paragraph (1), a court shall not permit an \n        expert in one medical specialty or subspecialty to testify \n        against a defendant in another medical specialty or \n        subspecialty unless, in addition to a showing of substantial \n        familiarity in accordance with paragraph (1)(B), there is a \n        showing that the standards of care and practice in the two \n        specialty or subspecialty fields are similar.\n            (4) Limitation.--The limitations in this subsection shall \n        not apply to expert witnesses testifying as to the degree or \n        permanency of medical or physical impairment.\n\nSEC. 7. ADDITIONAL HEALTH BENEFITS.\n\n    (a) In General.--The amount of any damages received by a claimant \nin any health care lawsuit shall be reduced by the court by the amount \nof any collateral source benefits to which the claimant is entitled, \nless any insurance premiums or other payments made by the claimant (or \nby the spouse, parent, child, or legal guardian of the claimant) to \nobtain or secure such benefits.\n    (b) Preservation of Current Law.--Where a payor of collateral \nsource benefits has a right of recovery by reimbursement or subrogation \nand such right is permitted under Federal or State law, subsection (a) \nshall not apply.\n    (c) Application of Provision.--This section shall apply to any \nhealth care lawsuit that is settled or resolved by a fact finder.\n\nSEC. 8. PUNITIVE DAMAGES.\n\n    (a) Punitive Damages Permitted.--\n            (1) In general.--Punitive damages may, if otherwise \n        available under applicable State or Federal law, be awarded \n        against any person in a health care lawsuit only if it is \n        proven by clear and convincing evidence that such person acted \n        with malicious intent to injure the claimant, or that such \n        person deliberately failed to avoid unnecessary injury that \n        such person knew the claimant was substantially certain to \n        suffer.\n            (2) Filing of lawsuit.--No demand for punitive damages \n        shall be included in a health care lawsuit as initially filed. \n        A court may allow a claimant to file an amended pleading for \n        punitive damages only upon a motion by the claimant and after a \n        finding by the court, upon review of supporting and opposing \n        affidavits or after a hearing, after weighing the evidence, \n        that the claimant has established by a substantial probability \n        that the claimant will prevail on the claim for punitive \n        damages.\n            (3) Separate proceeding.--At the request of any party in a \n        health care lawsuit, the trier of fact shall consider in a \n        separate proceeding--\n                    (A) whether punitive damages are to be awarded and \n                the amount of such award; and\n                    (B) the amount of punitive damages following a \n                determination of punitive liability.\n        If a separate proceeding is requested, evidence relevant only \n        to the claim for punitive damages, as determined by applicable \n        State law, shall be inadmissible in any proceeding to determine \n        whether compensatory damages are to be awarded.\n            (4) Limitation where no compensatory damages are awarded.--\n        In any health care lawsuit where no judgment for compensatory \n        damages is rendered against a person, no punitive damages may \n        be awarded with respect to the claim in such lawsuit against \n        such person.\n    (b) Determining Amount of Punitive Damages.--\n            (1) Factors considered.--In determining the amount of \n        punitive damages under this section, the trier of fact shall \n        consider only the following:\n                    (A) the severity of the harm caused by the conduct \n                of such party;\n                    (B) the duration of the conduct or any concealment \n                of it by such party;\n                    (C) the profitability of the conduct to such party;\n                    (D) the number of products sold or medical \n                procedures rendered for compensation, as the case may \n                be, by such party, of the kind causing the harm \n                complained of by the claimant;\n                    (E) any criminal penalties imposed on such party, \n                as a result of the conduct complained of by the \n                claimant; and\n                    (F) the amount of any civil fines assessed against \n                such party as a result of the conduct complained of by \n                the claimant.\n            (2) Maximum award.--The amount of punitive damages awarded \n        in a health care lawsuit may not exceed an amount equal to two \n        times the amount of economic damages awarded in the lawsuit or \n        $250,000, whichever is greater. The jury shall not be informed \n        of the limitation under the preceding sentence.\n    (c) Liability of Health Care Providers.--A health care provider who \nprescribes, or who dispenses pursuant to a prescription, a drug or \ndevice (including blood products) approved by the Food and Drug \nAdministration shall not be named as a party to a product liability \nlawsuit invoking such drug or device and shall not be liable to a \nclaimant in a class action lawsuit against the manufacturer, \ndistributor, or product seller of such drug or device.\n\nSEC. 9. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN \n              HEALTH CARE LAWSUITS.\n\n    (a) In General.--In any health care lawsuit, if an award of future \ndamages, without reduction to present value, equaling or exceeding \n$50,000 is made against a party with sufficient insurance or other \nassets to fund a periodic payment of such a judgment, the court shall, \nat the request of any party, enter a judgment ordering that the future \ndamages be paid by periodic payments in accordance with the Uniform \nPeriodic Payment of Judgments Act promulgated by the National \nConference of Commissioners on Uniform State Laws.\n    (b) Applicability.--This section applies to all actions which have \nnot been first set for trial or retrial before the effective date of \nthis Act.\n\nSEC. 10. EFFECT ON OTHER LAWS.\n\n    (a) Vaccine Injury.--\n            (1) In general.--To the extent that title XXI of the Public \n        Health Service Act establishes a Federal rule of law applicable \n        to a civil action brought for a vaccine-related injury or \n        death--\n                    (A) this Act shall not affect the application of \n                the rule of law to such an action; and\n                    (B) any rule of law prescribed by this Act in \n                conflict with a rule of law of such title XXI shall not \n                apply to such action.\n            (2) Exception.--If there is an aspect of a civil action \n        brought for a vaccine-related injury or death to which a \n        Federal rule of law under title XXI of the Public Health \n        Service Act does not apply, then this Act or otherwise \n        applicable law (as determined under this Act) will apply to \n        such aspect of such action.\n    (b) Other Federal Law.--Except as provided in this section, nothing \nin this Act shall be deemed to affect any defense available to a \ndefendant in a health care lawsuit or action under any other provision \nof Federal law.\n\nSEC. 11. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.\n\n    (a) HEALTH Care Lawsuits.--The provisions governing health care \nlawsuits set forth in this Act shall preempt, subject to subsections \n(b) and (c), State law to the extent that State law prevents the \napplication of any provisions of law established by or under this Act. \nThe provisions governing health care lawsuits set forth in this Act \nsupersede chapter 171 of title 28, United States Code, to the extent \nthat such chapter--\n            (1) provides for a greater amount of damages or contingent \n        fees, a longer period in which a health care lawsuit may be \n        commenced, or a reduced applicability or scope of periodic \n        payment of future damages, than provided in this Act; or\n            (2) prohibits the introduction of evidence regarding \n        collateral source benefits.\n    (b) Preemption of Certain State Laws.--The provisions of this Act \nshall preempt any constitutional provision, statute, or rule of State \nlaw, whether enacted prior to, on, or after the date of enactment of \nthis Act, that--\n            (1) prohibits the application of any limitation on the \n        amount of compensatory, punitive, or total damages in a health \n        care lawsuit; or\n            (2) provides for a greater amount of compensatory, \n        punitive, or total damages in a health care lawsuit than those \n        provided for under this Act.\n    (c) Protection of State's Rights and Other Laws.--\n            (1) In general.--Any issue that is not governed by a \n        provision of law established by or under this Act (including \n        the State standards of negligence) shall be governed by \n        otherwise applicable Federal or State law.\n            (2) Rule of construction.--Nothing in this Act shall be \n        construed to--\n                    (A) preempt or supersede any Federal or State law \n                that imposes greater procedural or substantive \n                protections (such as a shorter statute of limitations) \n                for a health care provider, health care organization, \n                or the manufacturer, distributor, supplier, marketer, \n                promoter, or seller of a medical product from \n                liability, loss, or damages than those provided by this \n                Act;\n                    (B) create a cause of action that is not otherwise \n                available under Federal or State law; or\n                    (C) affect the scope of preemption of any other \n                Federal law.\n\nSEC. 12. APPLICABILITY; EFFECTIVE DATE.\n\n    This Act shall apply to any health care lawsuit brought in a \nFederal or State court, or subject to an alternative dispute resolution \nsystem, that is initiated on or after the date of the enactment of this \nAct, except that any health care lawsuit arising from an injury \noccurring prior to the date of enactment of this Act shall be governed \nby the applicable statute of limitations provisions in effect at the \ntime the injury occurred.","title":""}
+{"_id":"c20","text":"SECTION 1. ENERGY INNOVATION HUBS.\n\n    (a) Authorization of Program.--\n            (1) In general.--The Secretary of Energy shall carry out a \n        program to enhance the Nation's economic, environmental, and \n        energy security by making awards to consortia for establishing \n        and operating Energy Innovation Hubs to conduct and support, \n        whenever practicable at one centralized location, \n        multidisciplinary, collaborative research, development, \n        demonstration, and commercial application of advanced energy \n        technologies.\n            (2) Technology development focus.--The Secretary shall \n        designate for each Hub a unique advanced energy technology \n        focus.\n            (3) Coordination.--The Secretary shall ensure the \n        coordination of, and avoid unnecessary duplication of, the \n        activities of Hubs with those of other Department of Energy \n        research entities, including the National Laboratories, the \n        Advanced Research Projects Agency--Energy, Energy Frontier \n        Research Centers, and within industry.\n    (b) Consortia.--\n            (1) Eligibility.--To be eligible to receive an award under \n        this section for the establishment and operation of a Hub, a \n        consortium shall--\n                    (A) be composed of no fewer than 2 qualifying \n                entities; and\n                    (B) operate subject to an agreement entered into by \n                its members that documents--\n                            (i) the proposed partnership agreement, \n                        including the governance and management \n                        structure of the Hub;\n                            (ii) measures to enable cost-effective \n                        implementation of the program under this \n                        section;\n                            (iii) a proposed budget, including \n                        financial contributions from non-Federal \n                        sources;\n                            (iv) a plan for managing intellectual \n                        property rights; and\n                            (v) an accounting structure that enables \n                        the Secretary to ensure that the consortium has \n                        complied with the requirements of this section.\n            (2) Application.--A consortium seeking to establish and \n        operate a Hub under this section, acting through a prime \n        applicant, shall transmit to the Secretary an application at \n        such time, in such form, and accompanied by such information as \n        the Secretary shall require, including a detailed description \n        of the elements of the consortium agreement required under \n        paragraph (1)(B). If the consortium members will not be located \n        at one centralized location, such application shall include a \n        communications plan that ensures close coordination and \n        integration of the Hub's activities.\n    (c) Selection and Schedule.--The Secretary shall select consortia \nfor awards for the establishment and operation of Hubs through \ncompetitive selection processes. In selecting consortia, the Secretary \nshall consider the information a consortium must disclose according to \nsubsection (b), as well as any existing facilities a consortium will \nprovide for Hub activities. Awards made to a Hub shall be for a period \nnot to exceed 5 years, after which the award may be renewed, subject to \na rigorous merit review. A Hub already in existence on the date of \nenactment of this Act may continue to receive support for a period of 5 \nyears beginning on the date of establishment of that Hub.\n    (d) Hub Operations.--\n            (1) In general.--Each Hub shall conduct or provide for \n        multidisciplinary, collaborative research, development, \n        demonstration, and, where appropriate, commercial application \n        of advanced energy technologies within the technology \n        development focus designated under subsection (a)(2). Each Hub \n        shall--\n                    (A) encourage collaboration and communication among \n                the member qualifying entities of the consortium and \n                awardees by conducting activities whenever practicable \n                at one centralized location;\n                    (B) develop and publish on the Department of \n                Energy's website proposed plans and programs;\n                    (C) submit an annual report to the Secretary \n                summarizing the Hub's activities, including detailing \n                organizational expenditures, and describing each \n                project undertaken by the Hub; and\n                    (D) monitor project implementation and \n                coordination.\n            (2) Conflicts of interest.--\n                    (A) Procedures.--Hubs shall maintain conflict of \n                interest procedures, consistent with those of the \n                Department of Energy, to ensure that employees and \n                consortia designees for Hub activities who are in \n                decisionmaking capacities disclose all material \n                conflicts of interest and avoid such conflicts.\n                    (B) Disqualification and revocation.--The Secretary \n                may disqualify an application or revoke funds \n                distributed to a Hub if the Secretary discovers a \n                failure to comply with conflict of interest procedures \n                established under subparagraph (A).\n            (3) Prohibition on construction.--\n                    (A) In general.--No funds provided pursuant to this \n                section may be used for construction of new buildings \n                or facilities for Hubs. Construction of new buildings \n                or facilities shall not be considered as part of the \n                non-Federal share of a Hub cost-sharing agreement.\n                    (B) Test bed and renovation exception.--Nothing in \n                this subsection shall prohibit the use of funds \n                provided pursuant to this section, or non-Federal cost \n                share funds, for research or for the construction of a \n                test bed or renovations to existing buildings or \n                facilities for the purposes of research if the \n                Secretary determines that the test bed or renovations \n                are limited to a scope and scale necessary for the \n                research to be conducted.\n    (e) Termination.--Consistent with the existing authorities of the \nDepartment, the Secretary may terminate an underperforming Hub for \ncause during the performance period.\n    (f) Definitions.--For purposes of this section:\n            (1) Advanced energy technology.--The term ``advanced energy \n        technology'' means--\n                    (A) an innovative technology--\n                            (i) that produces energy from solar, wind, \n                        geothermal, biomass, tidal, wave, ocean, or \n                        other renewable energy resources;\n                            (ii) that produces nuclear energy;\n                            (iii) for carbon capture and sequestration;\n                            (iv) that enables advanced vehicles, \n                        vehicle components, and related technologies \n                        that result in significant energy savings;\n                            (v) that generates, transmits, distributes, \n                        utilizes, or stores energy more efficiently \n                        than conventional technologies, including \n                        through Smart Grid technologies; or\n                            (vi) that enhances the energy independence \n                        and security of the United States by enabling \n                        improved or expanded supply and production of \n                        domestic energy resources, including coal, oil, \n                        and natural gas;\n                    (B) research, development, demonstration, and \n                commercial application activities necessary to ensure \n                the long-term, secure, and sustainable supply of energy \n                critical elements; or\n                    (C) another innovative energy technology area \n                identified by the Secretary.\n            (2) Energy critical element.--The term ``energy critical \n        element'' means any of a class of chemical elements that have a \n        high risk of a supply disruption and are critical to one or \n        more new, energy-related technologies such that a shortage of \n        such element would significantly inhibit large-scale deployment \n        of technologies that produce, transmit, store, or conserve \n        energy.\n            (3) Hub.--The term ``Hub'' means an Energy Innovation Hub \n        established or operating in accordance with this section, \n        including any Energy Innovation Hub existing as of the date of \n        enactment of this Act.\n            (4) Qualifying entity.--The term ``qualifying entity'' \n        means--\n                    (A) an institution of higher education;\n                    (B) an appropriate State or Federal entity, \n                including the Department of Energy Federally Funded \n                Research and Development Centers;\n                    (C) a nongovernmental organization with expertise \n                in advanced energy technology research, development, \n                demonstration, or commercial application; or\n                    (D) any other relevant entity the Secretary \n                considers appropriate.","title":""}
+{"_id":"c200","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Financial Privacy and National \nSecurity Enhancement Act''.\n\nSEC. 2. ESTABLISHMENT.\n\n    There is hereby established a commission to be known as the \n``Presidential Commission on Financial Privacy and National Security'' \n(hereafter in this Act referred to as the ``Commission'').\n\nSEC. 3. DUTIES OF THE COMMISSION.\n\n    (a) In General.--The Commission shall conduct an ongoing study of \nthe practices in the financial service industry for protecting the \nprivacy of consumer financial information, the manner and extent to \nwhich such practices are regulated by financial service regulators, and \nways to improve and strengthen financial information privacy while \npreserving effective financial information flow for national security.\n    (b) Specific Questions.--In conducting the study, the Commission \nshall address and seek comments on the following issues:\n            (1) In what manner and to what extent would the existence \n        of State financial privacy laws or other restrictions on the \n        free flow of financial information impair or hinder the ability \n        of the Federal Government to investigate money laundering or \n        fraud, including identity theft?\n            (2) Is the information already being distributed to the \n        consumers concerning the privacy of consumer financial \n        information readily understandable and is it a benefit to the \n        consumer?\n            (3) What is the cost, to a financial institution and \n        ultimately to each consumer, of mailing or otherwise \n        distributing privacy notices to each consumer in accordance \n        with applicable law.\n            (4) What financial information privacy concerns are not \n        addressed by title V of the Gramm-Leach-Bliley Act and other \n        laws and regulations implementing such title?\n            (5) To what extent is there a uniform agreement among \n        financial regulators on what constitutes financial privacy and \n        what processes are utilized to review developments and \n        technological changes in the delivery of financial services \n        that may affect financial privacy?\n            (6) What would be the potential impact on consumers if \n        there were a variety of requirements with respect to financial \n        privacy in effect under the laws of the several States and how \n        would the existence of such a variety of requirements cost the \n        financial services industry?\n\nSEC. 4. MEMBERSHIP.\n\n    (a) Number and Appointment.--The Commission shall be composed of 11 \nmembers :\n            (1) The Chairman of the Securities and Exchange Commission, \n        or a Commissioner of the Securities and Exchange Commission \n        designated by the Chairman.\n            (2) The Chairman of the Board of Governors of the Federal \n        Reserve System, or a member of such Board designated by the \n        Chairman.\n            (3) The Secretary of the Treasury, or an officer of the \n        Department of the Treasury designated by the Secretary.\n            (4) The Attorney General, or an officer of the Department \n        of Justice designated by the Attorney General.\n            (5) A State insurance commissioner appointed by the \n        President after consulting with the National Association of \n        Insurance Commissioners.\n            (6) The Speaker of the House of Representatives, or a \n        designee of the Speaker.\n            (7) The minority leader of the House of Representatives, or \n        a designee of the minority leader.\n            (8) The majority leader of the Senate, or a designee of the \n        majority leader.\n            (9) The minority leader of the Senate, or a designee of the \n        minority leader.\n            (10) 2 members appointed by the President from among \n        individuals who are especially well qualified to serve by \n        virtue of their education, training, and experience in the \n        financial services industry.\n    (b) Continuation of Membership.--If a member was appointed to the \nCommission as a Member of Congress or by virtue of such member's \nposition in the House of Representatives, the Senate, or a Federal \nagency and the member ceases to be a Member of Congress or to serve in \nany such position that member may continue as a member for not longer \nthan the 30-day period beginning on the date that member ceases to be a \nMember of Congress or serve in such position.\n    (c) Terms.--\n            (1) In general.--Each member shall be appointed for the \n        life of the Commission.\n            (2) Vacancies.--Any member appointed to fill a vacancy \n        occurring before the expiration of the term for which the \n        member's predecessor was appointed shall be appointed only for \n        the remainder of that term. A member may serve after the \n        expiration of that member's term until a successor has taken \n        office.\n    (d) Vacancy.--A vacancy in the Commission shall be filled in the \nmanner in which the original appointment was made.\n    (e) No Pay.--Members shall serve without pay.\n    (f) Travel Expenses.--Each member shall receive travel expenses, \nincluding per diem in lieu of subsistence, in accordance with sections \n5702 and 5703 of title 5, United States Code.\n    (g) Quorum.--A majority of the members of the Commission shall \nconstitute a quorum but a lesser number may hold hearings.\n    (h) Chairperson.--The Chairperson of the Commission shall be \nelected by the members from the membership of the Commission.\n    (i) Meetings.--\n            (1) In general.--The Commission shall meet at least once \n        each calendar quarter at the call of the Chairperson or a \n        majority of the members.\n            (2) Open meetings required.--Section 552b of title 5, \n        United States Code, shall apply.\n\nSEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.\n\n    (a) Director.--The Commission may, without regard to section \n5311(b) of title 5, United States Code, have a Director who shall be \nappointed by the Commission. The Director shall be paid at a rate not \nto exceed $140,000 per year.\n    (b) Staff.--The Commission may appoint and fix the pay of such \nadditional personnel as the Commission considers appropriate.\n    (c) Applicability of Certain Civil Service Laws.--The Director and \nstaff of the Commission may be appointed without regard to the \nprovisions of title 5, United States Code, governing appointments in \nthe competitive service, and may be paid without regard to the \nprovisions of chapter 51 and subchapter III of chapter 53 of that title \nrelating to classification and General Schedule pay rates, except that \nan individual so appointed may not receive pay in excess of $140,000 \nper year.\n    (d) Experts and Consultants.--Subject to regulations prescribed by \nthe Commission, the Commission may procure temporary and intermittent \nservices under section 3109(b) of title 5, United States Code.\n    (e) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any Federal department or agency may detail, on a reimbursable \nbasis, any of the personnel of that department or agency to the \nCommission to assist it in carrying out its duties under this Act.\n\nSEC. 6. POWERS OF COMMISSION.\n\n    (a) Hearings and Sessions.--The Commission may, for the purpose of \ncarrying out this Act, hold hearings, sit and act at times and places, \ntake testimony, and receive evidence as the Commission considers \nappropriate.\n    (b) Powers of Members and Agents.--Any member or agent of the \nCommission may, if authorized by the Commission, take any action which \nthe Commission is authorized to take by this section.\n    (c) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information \nnecessary to enable it to carry out this Act. Upon request of the \nChairperson of the Commission, the head of that department or agency \nshall furnish that information to the Commission.\n    (d) Mails.--The Commission may use the United States mails in the \nsame manner and under the same conditions as other departments and \nagencies of the United States.\n    (e) Administrative Support Services.--Upon the request of the \nCommission, the Administrator of General Services shall provide to the \nCommission, on a reimbursable basis, the administrative support \nservices necessary for the Commission to carry out its responsibilities \nunder this Act.\n\nSEC. 7. REPORT.\n\n    The Commission shall transmit a final report to the President and \nthe Congress not later than March 31, 2005. The final report shall \ncontain a detailed statement of the findings and conclusions of the \nCommission, together with its recommendations for such legislative or \nadministrative actions as the Commission considers appropriate.\n\nSEC. 8. TERMINATION.\n\n    The Commission shall terminate 30 days after submitting its final \nreport pursuant to section 7.\n\nSEC. 9. MORATORIUM ON STATE FINANCIAL PRIVACY LAWS.\n\n    (a) In General.--During the period beginning on the date of the \nenactment of this Act and ending on the date the Commission terminates \nunder section 8, no requirement or prohibition may be imposed under the \nlaws of any State, including laws relating to the business of \ninsurance, concerning the use or disclosure by a financial institution \nof information relating to a consumer that has obtained a financial \nproduct or service from the financial institution.\n    (b) Exception.--Subsection (a) shall not apply State insurance laws \nor regulations referred to in section 505(a)(6) of the Gramm-Leach-\nBliley Act.","title":""}
+{"_id":"c201","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Flagship Species Conservation Act of \n2004''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n    (a) Findings.--The Congress finds the following:\n            (1) Numerous species of fauna have continued to decline to \n        the point that the long-term survival of those species in the \n        wild is in serious jeopardy.\n            (2) Many of those species are listed under section 4 of the \n        Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix \n        I or II of the Convention on International Trade in Endangered \n        Species of Wild Fauna and Flora.\n            (3) There are insufficient resources available for \n        addressing the threats facing those species, which will require \n        the joint commitment and effort of countries within the range \n        of those species, the United States and other countries, and \n        the private sector.\n            (4) The grant programs established by the Congress for \n        tigers, rhinoceroses, Asian elephants, African elephants, great \n        apes, neotropical migratory birds, and marine turtles have \n        proven to be extremely successful, provide Federal funds for \n        conservation projects in an efficient and expeditious manner, \n        and encourage additional support for conservation in countries \n        where those species exist in the wild.\n            (5) A new grant program modeled on the existing programs \n        for tigers, rhinoceroses, elephants, great apes, neotropical \n        migratory birds, and marine turtles would provide an effective \n        means to assist in the conservation of flagship species for \n        which there are no existing grant programs.\n    (b) Purpose.--The purpose of this Act is to conserve flagship \nspecies of fauna throughout the world, and the ecosystems on which \nthose species depend, by supporting the conservation programs for those \nspecies and the CITES Secretariat, promoting partnerships between the \npublic and private sectors, and providing financial resources for those \nprograms and partnerships.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Account.--The term ``Fund'' means the Flagship Species \n        Conservation Fund established by section 5.\n            (2) CITES.--The term ``CITES'' means the Convention on \n        International Trade in Endangered Species of Wild Fauna and \n        Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS \n        8249), including its appendices and amendments.\n            (3) Conservation.--The term ``conservation'' means the use \n        of methods and procedures necessary to bring a flagship species \n        to the point at which there are sufficient populations in the \n        wild to ensure that the species does not become extinct, \n        including--\n                    (A) protection and management of populations of a \n                flagship species;\n                    (B) maintenance, management, protection, and \n                restoration of habitat of a flagship species;\n                    (C) research and monitoring;\n                    (D) law enforcement; and\n                    (E) community outreach and education.\n            (4) Fish or wildlife.--The term ``fish or wildlife'' means \n        any mammal, fish, bird, or reptile.\n            (5) Flagship species.--The term ``flagship species''--\n                    (A) subject to subparagraph (B), means a species of \n                fish or wildlife--\n                            (i) that is listed as an endangered species \n                        or threatened species under section 4 of the \n                        Endangered Species Act of 1973 (16 U.S.C. 1533) \n                        or that is listed in Appendix I or II of CITES;\n                            (ii) whose range is wholly outside of the \n                        United States; and\n                            (iii) that appeals to the public and has \n                        other features that make it suitable for \n                        communicating conservation concerns; and\n                    (B) does not include African elephants, Asian \n                elephants, rhinoceros, tigers, great apes, neotropical \n                migratory birds, and marine turtles.\n            (6) Multinational species conservation fund.--The term \n        ``Multinational Species Conservation Fund'' means the fund \n        established under the heading ``multinational species \n        conservation fund'' in title I of the Department of the \n        Interior and Related Agencies Appropriations Act, 1999 (16 \n        U.S.C. 4246).\n            (7) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n\nSEC. 4. FLAGSHIP SPECIES CONSERVATION ASSISTANCE.\n\n    (a) In General.--Subject to the availability of funds, the \nSecretary shall use amounts in the Fund to provide financial assistance \nfor projects for the conservation of that flagship species throughout \nthe world, for which project proposals are approved by the Secretary in \naccordance with this section.\n    (b) Project Proposals.--\n            (1) Eligible applicants.--A proposal for a project for the \n        conservation of a flagship species may be submitted to the \n        Secretary by--\n                    (A) any relevant wildlife management authority of a \n                country that has within its boundaries any part of the \n                range of a flagship species, if the agency has \n                authority over fish or wildlife and the activities of \n                the agency directly or indirectly affect the species;\n                    (B) the CITES Secretariat; or\n                    (C) any person with demonstrated expertise in the \n                conservation of that flagship species.\n            (2) Required information.--A project proposal shall \n        include--\n                    (A) the name of the individual with primary \n                responsibility for conducting the project;\n                    (B) a succinct statement of--\n                            (i) the purposes of the project and the \n                        methodology for implementing the project, \n                        including an assessment of the status of the \n                        flagship species that is the subject of the \n                        project; and\n                            (ii) how the project will benefit that \n                        species and other species that reside within \n                        the same habitat;\n                    (C) a description of the qualifications of the \n                individuals who will conduct the project;\n                    (D) an estimate of the funds and time required to \n                complete the project;\n                    (E) evidence of support for the project by \n                appropriate governmental entities of countries in which \n                the project will be conducted, if the Secretary \n                determines that such support is required for the \n                success of the project;\n                    (F) information regarding the source and amount of \n                matching funds available for the project; and\n                    (G) any other information that the Secretary \n                considers to be necessary for evaluating the \n                eligibility of the project for funding under this Act.\n    (c) Project Review and Approval.--\n            (1) In general.--The Secretary shall--\n                    (A) not later than 30 days after receiving a \n                project proposal, provide a copy of the proposal to \n                other Federal officials, as appropriate; and\n                    (B) review each project proposal in a timely manner \n                to determine whether the proposal meets the criteria \n                specified in subsection (d).\n            (2) Consultation; approval or disapproval.--Not later than \n        180 days after receiving a project proposal, and subject to the \n        availability of funds, the Secretary, after consulting with \n        other Federal officials, as appropriate, shall--\n                    (A) consult on the proposal with the government of \n                each country in which the project is to be conducted;\n                    (B) after taking into consideration any comments \n                resulting from the consultation, approve or disapprove \n                the project proposal; and\n                    (C) provide written notification of the approval or \n                disapproval to the person that submitted the project \n                proposal, other Federal officials, and each country \n                described in subparagraph (A).\n    (d) Criteria for Approval.--The Secretary may approve a project \nproposal under this section if the project will help recover and \nsustain viable populations of flagship species in the wild by assisting \nefforts in foreign countries to implement flagship species conservation \nprograms.\n    (e) Project Sustainability.--To the maximum extent practicable, in \ndetermining whether to approve project proposals under this section, \nthe Secretary shall give preference to conservation projects that are \ndesigned to ensure effective, long-term conservation of flagship \nspecies and their nesting habitats.\n    (f) Matching Funds.--In determining whether to approve project \nproposals under this section, the Secretary shall give preference to \nprojects for which matching funds are available.\n    (g) Project Reporting.--\n            (1) In general.--Each person that receives assistance under \n        this section for a project shall submit to the Secretary \n        periodic reports (at such intervals as the Secretary may \n        require) that include all information that the Secretary, after \n        consultation with other government officials, determines is \n        necessary to evaluate the progress and success of the project \n        for the purposes of ensuring positive results, assessing \n        problems, and fostering improvements.\n            (2) Availability to the public.--Reports under paragraph \n        (1), and any other documents relating to projects for which \n        financial assistance is provided under this Act, shall be made \n        available to the public.\n\nSEC. 5. FLAGSHIP SPECIES CONSERVATION FUND.\n\n    (a) Establishment.--There is established in the Multinational \nSpecies Conservation Fund a separate account to be known as the \n``Flagship Species Conservation Fund'', consisting of--\n            (1) amounts transferred to the Secretary of the Treasury \n        for deposit into the Fund under subsection (e);\n            (2) amounts appropriated to the Fund under section 6; and\n            (3) any interest earned on investment of amounts in the \n        Fund under subsection (c).\n    (b) Expenditures From Fund.--\n            (1) In general.--Subject to paragraph (2), on request by \n        the Secretary, the Secretary of the Treasury shall transfer \n        from the Fund to the Secretary, without further appropriation, \n        such amounts as the Secretary determines are necessary to carry \n        out section 4.\n            (2) Administrative expenses.--Of the amounts in the account \n        available for each fiscal year, the Secretary may expend not \n        more than 3 percent, or up to $80,000, whichever is greater, to \n        pay the administrative expenses necessary to carry out this \n        Act.\n    (c) Investment of Amounts.--\n            (1) In general.--The Secretary of the Treasury shall invest \n        such portion of the Fund as is not, in the judgment of the \n        Secretary of the Treasury, required to meet current \n        withdrawals. Investments may be made only in interest-bearing \n        obligations of the United States.\n            (2) Acquisition of obligations.--For the purpose of \n        investments under paragraph (1), obligations may be acquired--\n                    (A) on original issue at the issue price; or\n                    (B) by purchase of outstanding obligations at the \n                market price.\n            (3) Sale of obligations.--Any obligation acquired by the \n        Fund may be sold by the Secretary of the Treasury at the market \n        price.\n            (4) Credits to fund.--The interest on, and the proceeds \n        from the sale or redemption of, any obligations held in the \n        Fund shall be credited to and form a part of the Fund.\n    (d) Transfers of Amounts.--\n            (1) In general.--The amounts required to be transferred to \n        the Fund under this section shall be transferred at least \n        monthly from the general fund of the Treasury to the Fund on \n        the basis of estimates made by the Secretary of the Treasury.\n            (2) Adjustments.--Proper adjustment shall be made in \n        amounts subsequently transferred to the extent prior estimates \n        were in excess of or less than the amounts required to be \n        transferred.\n    (e) Acceptance and Use of Donations.--The Secretary may accept and \nuse donations to provide assistance under section 4. Amounts received \nby the Secretary in the form of donations shall be transferred to the \nSecretary of the Treasury for deposit in the Fund.\n\nSEC. 6. ADVISORY GROUP.\n\n    (a) In General.--To assist in carrying out this Act, the Secretary \nmay convene an advisory group consisting of individuals representing \npublic and private organizations actively involved in the conservation \nof flagship species.\n    (b) Public Participation.--\n            (1) Meetings.--The Advisory Group shall--\n                    (A) ensure that each meeting of the advisory group \n                is open to the public; and\n                    (B) provide, at each meeting, an opportunity for \n                interested persons to present oral or written \n                statements concerning items on the agenda.\n            (2) Notice.--The Secretary shall provide to the public \n        timely notice of each meeting of the advisory group.\n            (3) Minutes.--Minutes of each meeting of the advisory group \n        shall be kept by the Secretary and shall be made available to \n        the public.\n    (c) Exemption From Federal Advisory Committee Act.--The Federal \nAdvisory Committee Act (5 U.S.C. App.) shall not apply to the advisory \ngroup.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n    There is authorized to be appropriated to the Fund $10,000,000 for \neach of fiscal years 2005 through 2007.\n\nSEC. 8. REPORT TO CONGRESS.\n\n    Not later than October 1, 2005, the Secretary shall submit to the \nCongress a report on the results and effectiveness of the program \ncarried out under this Act, including--\n            (1) recommendations concerning how this Act might be \n        improved, including guidelines for determining species that are \n        flagship species; and\n            (2) recommendations concerning whether the Fund should be \n        continued in the future.","title":""}
+{"_id":"c202","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Flexible Family Leave Tax Credit Act \nof 1993''.\n\n                      TITLE I--FAMILY LEAVE CREDIT\n\nSEC. 101. CREDIT CREATED.\n\n    Subpart D of part IV of subchapter A of chapter 1 of the Internal \nRevenue Code of 1986 (relating to business related credits) is amended \nby adding at the end the following new section:\n\n``SEC. 45A. FAMILY LEAVE CREDIT.\n\n    ``(a) Amount of Credit.--\n            ``(1) In general.--For purposes of section 38, the amount \n        of the family leave credit for any employer for any taxable \n        year is 20 percent of the qualified compensation with respect \n        to an employee who is on family leave.\n            ``(2) Limitations on availability and amount of credit.--\n                    ``(A) Fewer than 500 employees.--An employer is not \n                entitled to a family leave credit for any taxable year \n                unless--\n                            ``(i) in the case of an employer that is in \n                        its first taxable year, the employer had fewer \n                        than 500 employees at the close of that year, \n                        and\n                            ``(ii) in the case of other employers, the \n                        employer averaged fewer than 500 employees for \n                        its preceding taxable year.\n                An employer is considered to average fewer than 500 \n                employees for a taxable year if the sum of its \n                employees on the last day of each quarter in that year \n                divided by the number of quarters is fewer than 500.\n                    ``(B) Dollar cap on qualified compensation.--The \n                amount of qualified compensation that may be taken into \n                account with respect to an employee may not exceed $100 \n                per business day.\n                    ``(C) Maximum period of family leave.--No family \n                leave credit will be available to the extent that the \n                period of family leave for an employee exceeds 12 \n                weeks, defined as 60 business days, in any 12-month \n                period.\n                    ``(D) Additional limitation on leave for personal \n                serious health conditions.--Leave from an employer in \n                connection with a qualified purpose described in \n                subsection (b)(2)(D) will qualify as family leave only \n                if the employee on leave has no unused sick, disability \n                or similar leave.\n    ``(b) Family Leave.--For purposes of this section--\n            ``(1) In general.--Except as otherwise provided in this \n        section, an employee is considered to be on `family leave' if \n        the employee is on leave from the employer in connection with \n        any qualified purpose.\n            ``(2) Qualified purposes.--The term `qualified purposes' \n        means--\n                    ``(A) the birth of a child,\n                    ``(B) the placement of a child with the employee \n                for adoption or foster care,\n                    ``(C) the care of a child, parent or spouse with a \n                serious health condition, or\n                    ``(D) the treatment of a serious health condition \n                which makes the employee unable to perform the \n                functions of his or her position.\n            ``(3) Definitions of child, parent and serious health \n        condition.--\n                    ``(A) Child.--The term `child' means an individual \n                who is a son, stepson, daughter, stepdaughter, eligible \n                foster child as described in sections 32(c)(3)(B)(iii) \n                (I) and (II), or legal ward of the employee or \n                employee's spouse, or a child of a person standing in \n                loco parentis and who either has not reached the age of \n                19 by the commencement of the period of family leave or \n                is physically or mentally incapable of caring for \n                himself or herself.\n                    ``(B) Parent.--The term `parent' means an \n                individual with respect to whom the employee would be \n                considered a `child' within the meaning of subsection \n                (b)(2)(A) without regard to the age limitation.\n                    ``(C) Serious health condition.--The term `serious \n                health condition' means an illness, injury, impairment, \n                or physical or mental condition that involves the \n                inpatient care in a hospital, hospice or residential \n                health care facility, or substantial and continuing \n                treatment by a health care provider.\n    ``(c) Credit Refundable.--In the case of so much of the section 38 \ncredit as is attributable to the family leave credit--\n            ``(1) section 38(c) will not apply, and\n            ``(2) for purposes of this section, such credit will be \n        treated as if it were allowed under section 103 of the Flexible \n        Family Leave Tax Credit Act of 1993.\n    ``(d) Nondiscrimination Requirement.--The family leave credit is \navailable to an employer for a taxable year only if the employer \nprovides family leave to its employees for that year on a \nnondiscriminatory basis.\n    ``(e) Other Definitions and Special Rules.--\n            ``(1) In general.--For purposes of this section--\n                    ``(A) Employer.--Except as otherwise provided in \n                this subpart, the term `employer' has the meaning \n                provided by section 3306(a)(1) and (3).\n                    ``(B) Employee.--The term `employee' includes only \n                permanent employees who have been employed by the \n                employer for at least 12 months and have provided over \n                1000 hours of service to the employer during the 12 \n                months preceding commencement of the family leave.\n                    ``(C) Qualified compensation.--The term `qualified \n                compensation' means the greater of--\n                            ``(i) cash wages paid or incurred by the \n                        employer to or on behalf of the employee as \n                        remuneration for services during the period of \n                        family leave, and\n                            ``(ii) cash wages that would have been paid \n                        or incurred by the employer to or on behalf of \n                        the employee as remuneration for services \n                        during the period of family leave had the \n                        employee not taken the leave.\n                    ``(D) Computation.--For purposes of subsection \n                (e)(1)(C)(ii), the amount of cash wages that would have \n                been paid to the employee for any business day the \n                employee is on family leave is the average daily cash \n                wages of that employee for the four calendar quarters \n                preceding the commencement of the family leave.\n                    ``(E) Average daily cash wages.--For purposes of \n                the computation described in subsection (e)(1)(D), an \n                employee's average daily cash wages is his or her total \n                cash wages for the period described in such subsection \n                divided by the number of business days in that period.\n                    ``(F) Business day.--The term `business day' \n                includes any day other than a Saturday, Sunday or legal \n                holiday.\n            ``(2) Employment and benefits protection.--\n                    ``(A) In general.--Leave taken under this section \n                shall qualify an employer for a family leave credit \n                only if--\n                            ``(i) upon return from such leave, the \n                        employee is entitled to be restored by the \n                        employer to the position of employment held by \n                        the employee when the leave commenced, or to be \n                        restored to an equivalent position with \n                        equivalent employment benefits, pay, and other \n                        terms and conditions of employment;\n                            ``(ii) the taking of such leave does not \n                        result in the loss of any employment benefit \n                        accrued prior to the date on which the leave \n                        commenced; and\n                            ``(iii) the employer maintains coverage \n                        under any `group health plan' (as defined in \n                        section 5000(b)(1)) for the duration of such \n                        leave, at the level and under the conditions \n                        coverage would have been provided if the \n                        employee had continued in employment \n                        continuously during the leave period.\n                    ``(B) Limitation.--Nothing in this paragraph shall \n                be construed to require an employer, as a condition of \n                qualifying for a family leave credit, to entitle any \n                employee taking leave to--\n                            ``(i) the accrual of any seniority or \n                        employment benefits during any period of leave; \n                        or\n                            ``(ii) any right, benefit, or position of \n                        employment other than any right, benefit, or \n                        position to which the employee would have been \n                        entitled had the employee not taken the leave.\n            ``(3) Expectation that employee will return to work.--No \n        family leave credit will be available for any portion of a \n        period of family leave during which the employer does not \n        reasonably believe that the employee will return from leave to \n        work for the employer.\n            ``(4) Special rules.--Rules similar to the rules of section \n        52 shall apply for purposes of this section.\n            ``(5) Regulatory authority.--The Secretary may prescribe \n        such regulations or other guidance as may be necessary or \n        appropriate to carry out the purposes of this section, \n        including guidance relating to ensuring adequate employment and \n        benefits protection and guidance to prevent abuse of this \n        section.''.\n\nSEC. 102. COORDINATION WITH REFUND PROVISION.\n\n    For purposes of section 1324(b)(2) of title 31 of the United States \nCode, section 45A of the Internal Revenue Code of 1986 (as added by \nthis Act) will be considered to be a credit provision of the Internal \nRevenue Code of 1954 enacted before January 1, 1978.\n\nSEC. 103. CONFORMING AMENDMENTS.\n\n    (a) Section 38 is amended by deleting the ``plus'' after subsection \n(b)(7) and ``.'' after subsection (b)(8), by inserting ``, plus'' after \nsubsection (b)(8), and by adding a new subsection (b)(9) to read as \nfollows:\n            ``(9) the family leave credit under section 45A.''\n    (b) The table of sections for subpart D of part IV of subchapter A \nof chapter 1 is amended by adding at the end the following new item:\n\n``Sec. 45A. Family leave credit.''\n\nSEC. 104. EFFECTIVE DATE.\n\n    The amendments made by this title shall apply to family leave that \ncommences 90 days after the date of the enactment of this Act.\n\n                TITLE II--DEFICIT NEUTRAL REVENUE OFFSET\n\nSEC. 201. CORPORATE ESTIMATED TAX PROVISIONS.\n\n    (a) Increase in Estimated Tax.--\n            (1) In general.--Subsection (d) of section 6655 of the \n        Internal Revenue Code of 1986 (relating to amount of required \n        installments) is amended--\n                    (A) by striking ``91 percent'' each place it \n                appears in paragraph (1)(B)(i) and inserting ``100 \n                percent'',\n                    (B) by striking ``91 percent'' in the heading of \n                paragraph (2) and inserting ``100 percent'', and\n                    (C) by striking paragraph (3).\n            (2) Conforming amendments.--\n                    (A) Clause (ii) of section 6655(e)(2)(B) of such \n                Code is amended by striking the table contained therein \n                and inserting the following new table:\n                    \n                                                                    The\n                    ``In the case of the following\n                                                             applicable\n                      required installments:\n                                                         percentage is:\n                            1st......................               254\n                            2nd......................               504\n                            3rd......................               754\n                            4th......................            100.''\n\n                    (B) Clause (i) of section 6655(e)(3)(A) of such \n                Code is amended by striking ``91 percent'' and \n                inserting ``100 percent''.\n    (b) Modification of Periods for Applying Annualization.--\n            (1) Clause (i) of section 6655(e)(2)(A) of such Code is \n        amended--\n                    (A) by striking ``or for the first 5 months'' in \n                subclause (II),\n                    (B) by striking ``or for the first 8 months'' in \n                subclause (III), and\n                    (C) by striking ``or for the first 11 months'' in \n                subclause (IV).\n            (2) Paragraph (2) of section 6655(e) of such Code is \n        amended by adding at the end thereof the following new \n        subparagraph:\n                    ``(C) Election for different annualization \n                periods.--\n                            ``(i) If the taxpayer makes an election \n                        under this clause--\n                                    ``(I) subclause (II) of \n                                subparagraph (A)(i) shall be applied by \n                                substituting `4 months' for `3 months',\n                                    ``(II) subclause (III) of \n                                subparagraph (A)(i) shall be applied by \n                                substituting `7 months' for `6 months', \n                                and\n                                    ``(III) subclause (IV) of \n                                subparagraph (A)(i) shall be applied by \n                                substituting `10 months' for `9 \n                                months'.\n                            ``(ii) If the taxpayer makes an election \n                        under this clause--\n                                    ``(I) subclause (II) of \n                                subparagraph (A)(i) shall be applied by \n                                substituting `5 months' for `3 months',\n                                    ``(II) subclause (III) of \n                                subparagraph (A)(i) shall be applied by \n                                substituting `8 months' for `6 months', \n                                and\n                                    ``(III) subclause (IV) of \n                                subparagraph (A)(i) shall be applied by \n                                substituting `11 months' for `9 \n                                months'.\n                            ``(iii) An election under clause (i) or \n                        (ii) shall apply to the taxable year for which \n                        made and such an election shall be effective \n                        only if made on or before the date required for \n                        the payment of the second required installment \n                        for such taxable year.''\n            (3) The last sentence of section 6655(g)(3) of such Code is \n        amended by striking ``and subsection (e)(2)(A)'' and inserting \n        ``and, except in the case of an election under subsection \n        (e)(2)(C), subsection (e)(2)(A)''.\n    (c) Effective Date.--The amendments made by this section shall \napply to any installment due date occurring more than 90 days after the \ndate of enactment of this Act.","title":""}
+{"_id":"c203","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Flight 93 National Memorial Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n    (a) Findings.--Congress finds that--\n            (1) on September 11, 2001, passengers and crewmembers of \n        United Airlines Flight 93 courageously gave their lives to \n        prevent a planned attack on the Capital of the United States;\n            (2) thousands of people have visited the crash site since \n        September 11, 2001, drawn by the heroic action and sacrifice of \n        the passengers and crewmembers aboard Flight 93;\n            (3) many people in the United States are concerned about \n        the future disposition of the crash site, including--\n                    (A) grieving families of the passengers and \n                crewmembers;\n                    (B) the people of the region where the crash site \n                is located; and\n                    (C) citizens throughout the United States;\n            (4) many of those people are involved in the formation of \n        the Flight 93 Task Force, a broad, inclusive organization \n        established to provide a voice for all parties interested in \n        and concerned about the crash site;\n            (5) the crash site commemorates Flight 93 and is a profound \n        symbol of American patriotism and spontaneous leadership by \n        citizens of the United States;\n            (6) a memorial of the crash site should--\n                    (A) recognize the victims of the crash in an \n                appropriate manner; and\n                    (B) address the interests and concerns of \n                interested parties; and\n            (7) it is appropriate that the crash site of Flight 93 be \n        designated as a unit of the National Park System.\n    (b) Purposes.--The purposes of this Act are--\n            (1) to establish a memorial to honor the passengers and \n        crewmembers aboard United Airlines Flight 93 on September 11, \n        2001;\n            (2) to establish the Flight 93 Advisory Commission to \n        assist in the formulation of plans for the memorial, including \n        the nature, design, and construction of the memorial; and\n            (3) to authorize the Secretary of the Interior to \n        administer the memorial, coordinate and facilitate the \n        activities of the Flight 93 Advisory Commission, and provide \n        technical and financial assistance to the Flight 93 Task Force.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Commission.--The term ``Commission'' means the Flight \n        93 Advisory Commission established by section (4)(b).\n            (2) Crash site.--The term ``crash site'' means the site in \n        Stonycreek Township, Somerset County, Pennsylvania, where \n        United Airlines Flight 93 crashed on September 11, 2001.\n            (3) Memorial.--The term ``Memorial'' means the memorial to \n        the passengers and crewmembers of United Airlines Flight 93 \n        established by section 4(a).\n            (4) Passenger or crewmember.--\n                    (A) In general.--The term ``passenger or \n                crewmember'' means a passenger or crewmember aboard \n                United Airlines Flight 93 on September 11, 2001.\n                    (B) Exclusions.--The term ``passenger or \n                crewmember'' does not include a terrorist aboard United \n                Airlines Flight 93 on September 11, 2001.\n            (5) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n            (6) Task Force.--The term ``Task Force'' means the Flight \n        93 Task Force.\n\nSEC. 4. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93.\n\n    (a) Establishment.--There is established as a unit of the National \nPark System a memorial at the crash site to honor the passengers and \ncrewmembers of Flight 93.\n    (b) Advisory Commission.--\n            (1) Establishment.--There is established a commission to be \n        known as the ``Flight 93 Advisory Commission''.\n            (2) Membership.--The Commission shall be composed of--\n                    (A) the Director of the National Park Service; and\n                    (B) 14 members, appointed by the Secretary, from \n                among persons recommended by the Task Force.\n            (3) Term; vacancies.--\n                    (A) Term.--A member of the Commission shall be \n                appointed for the life of the Commission.\n                    (B) Vacancies.--A vacancy on the Commission--\n                            (i) shall not affect the powers of the \n                        Commission; and\n                            (ii) shall be filled in the same manner as \n                        the original appointment was made.\n            (4) Meetings.--\n                    (A) In general.--The Commission shall meet at the \n                call of the Chairperson or a majority of the members.\n                    (B) Frequency.--The Commission shall meet not less \n                than quarterly.\n                    (C) Notice.--Notice of meetings and the agenda for \n                the meetings shall be published in--\n                            (i) newspapers in and around Somerset \n                        County, Pennsylvania; and\n                            (ii) the Federal Register.\n                    (D) Open meetings.--Meetings of the Commission \n                shall be subject to section 552b of title 5, United \n                States Code.\n            (5) Quorum.--A majority of the members of the Commission \n        shall constitute a quorum.\n            (6) Chairperson.--The Commission shall select a Chairperson \n        from among the members of the Commission.\n            (7) Duties.--The Commission shall--\n                    (A) not later than 3 years after the date of \n                enactment of this Act, submit to the Secretary and \n                Congress a report that contains recommendations for the \n                planning, design, construction, and long-term \n                management of the memorial;\n                    (B) advise the Secretary on--\n                            (i) the boundaries of the memorial; and\n                            (ii) the development of a management plan \n                        for the memorial;\n                    (C) consult with the Task Force, the State of \n                Pennsylvania, and other interested parties, as \n                appropriate;\n                    (D) support the efforts of the Task Force; and\n                    (E) involve the public in the planning and design \n                of the memorial.\n            (8) Powers.--The Commission may--\n                    (A) make expenditures for services and materials \n                appropriate to carry out the purposes of this section;\n                    (B) accept donations for use in carrying out this \n                section and for other expenses associated with the \n                memorial, including the construction of the memorial;\n                    (C) hold hearings and enter into contracts, \n                including contracts for personal services;\n                    (D) by a vote of the majority of the Commission, \n                delegate any duties that the Commission determines to \n                be appropriate to employees of the National Park \n                Service; and\n                    (E) conduct any other activities necessary to carry \n                out this Act.\n            (9) Compensation.--A member of the Commission shall serve \n        without compensation, but may be reimbursed for expenses \n        incurred in carrying out the duties of the Commission.\n            (10) Termination.--The Commission shall terminate on the \n        dedication of the memorial.\n    (c) Duties of the Secretary.--The Secretary shall--\n            (1) administer the memorial as a unit of the National Park \n        Service in accordance with--\n                    (A) this Act; and\n                    (B) the laws generally applicable to units of the \n                National Park System;\n            (2) provide advice to the Commission on the collection, \n        storage, and archiving of information and materials relating to \n        the crash or the crash site;\n            (3) consult with and assist the Commission in--\n                    (A) providing information to the public;\n                    (B) interpreting any information relating to the \n                crash or the crash site;\n                    (C) conducting oral history interviews; and\n                    (D) conducting public meetings and forums;\n            (4) participate in the development of plans for the design \n        and construction of the memorial;\n            (5) provide to the Commission--\n                    (A) assistance in designing and managing exhibits, \n                collections, or activities at the memorial;\n                    (B) project management assistance for design and \n                construction activities; and\n                    (C) staff and other forms of administrative \n                support;\n            (6) acquire from willing sellers the land or interests in \n        land for the memorial by donation, purchase with donated or \n        appropriated funds, or exchange; and\n            (7) provide the Commission any other assistance that the \n        Commission may require to carry out this Act.\n\n            Passed the Senate September 10, 2002.\n\n            Attest:\n\n                                                             Secretary.\n107th CONGRESS\n\n  2d Session\n\n                                S. 2136\n\n_______________________________________________________________________\n\n                                 AN ACT\n\n   To establish a memorial in the State of Pennsylvania to honor the \n  passengers and crewmembers of Flight 93 who, on September 11, 2001, \n  gave their lives to prevent a planned attack on the Capital of the \n                             United States.","title":""}
+{"_id":"c204","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Food Allergy and Anaphylaxis \nManagement Act of 2009''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) Early childhood education program.--The term ``early \n        childhood education program'' means--\n                    (A) a Head Start program or an Early Head Start \n                program carried out under the Head Start Act (42 U.S.C. \n                9831 et seq.);\n                    (B) a State licensed or regulated child care \n                program or school; or\n                    (C) a State prekindergarten program that serves \n                children from birth through kindergarten.\n            (2) ESEA definitions.--The terms ``local educational \n        agency'', ``secondary school'', ``elementary school'', and \n        ``parent'' have the meanings given the terms in section 9101 of \n        the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n        7801).\n            (3) School.--The term ``school'' includes public--\n                    (A) kindergartens;\n                    (B) elementary schools; and\n                    (C) secondary schools.\n            (4) Secretary.--The term ``Secretary'' means the Secretary \n        of Health and Human Services.\n\nSEC. 3. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS \n              MANAGEMENT GUIDELINES.\n\n    (a) Establishment.--\n            (1) In general.--Not later than 1 year after the date of \n        enactment of this Act, the Secretary, in consultation with the \n        Secretary of Education, shall--\n                    (A) develop guidelines to be used on a voluntary \n                basis to develop plans for individuals to manage the \n                risk of food allergy and anaphylaxis in schools and \n                early childhood education programs; and\n                    (B) make such guidelines available to local \n                educational agencies, schools, early childhood \n                education programs, and other interested entities and \n                individuals to be implemented on a voluntary basis \n                only.\n            (2) Applicability of ferpa.--Each plan described in \n        paragraph (1) that is developed for an individual shall be \n        considered an education record for the purpose of the Family \n        Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).\n    (b) Contents.--The voluntary guidelines developed by the Secretary \nunder subsection (a) shall address each of the following, and may be \nupdated as the Secretary determines necessary:\n            (1) Parental obligation to provide the school or early \n        childhood education program, prior to the start of every school \n        year, with--\n                    (A) documentation from their child's physician or \n                nurse--\n                            (i) supporting a diagnosis of food allergy, \n                        and any risk of anaphylaxis, if applicable;\n                            (ii) identifying any food to which the \n                        child is allergic;\n                            (iii) describing, if appropriate, any prior \n                        history of anaphylaxis;\n                            (iv) listing any medication prescribed for \n                        the child for the treatment of anaphylaxis;\n                            (v) detailing emergency treatment \n                        procedures in the event of a reaction;\n                            (vi) listing the signs and symptoms of a \n                        reaction; and\n                            (vii) assessing the child's readiness for \n                        self-administration of prescription medication; \n                        and\n                    (B) a list of substitute meals that may be offered \n                to the child by school or early childhood education \n                program food service personnel.\n            (2) The creation and maintenance of an individual plan for \n        food allergy management, in consultation with the parent, \n        tailored to the needs of each child with a documented risk for \n        anaphylaxis, including any procedures for the self-\n        administration of medication by such children in instances \n        where--\n                    (A) the children are capable of self-administering \n                medication; and\n                    (B) such administration is not prohibited by State \n                law.\n            (3) Communication strategies between individual schools or \n        early childhood education programs and providers of emergency \n        medical services, including appropriate instructions for \n        emergency medical response.\n            (4) Strategies to reduce the risk of exposure to \n        anaphylactic causative agents in classrooms and common school \n        or early childhood education program areas such as cafeterias.\n            (5) The dissemination of general information on life-\n        threatening food allergies to school or early childhood \n        education program staff, parents, and children.\n            (6) Food allergy management training of school or early \n        childhood education program personnel who regularly come into \n        contact with children with life-threatening food allergies.\n            (7) The authorization and training of school or early \n        childhood education program personnel to administer epinephrine \n        when the nurse is not immediately available.\n            (8) The timely accessibility of epinephrine by school or \n        early childhood education program personnel when the nurse is \n        not immediately available.\n            (9) The creation of a plan contained in each individual \n        plan for food allergy management that addresses the appropriate \n        response to an incident of anaphylaxis of a child while such \n        child is engaged in extracurricular programs of a school or \n        early childhood education program, such as non-academic outings \n        and field trips, before- and after-school programs or before- \n        and after-early child education program programs, and school-\n        sponsored or early childhood education program-sponsored \n        programs held on weekends.\n            (10) Maintenance of information for each administration of \n        epinephrine to a child at risk for anaphylaxis and prompt \n        notification to parents.\n            (11) Other elements the Secretary determines necessary for \n        the management of food allergies and anaphylaxis in schools and \n        early childhood education programs.\n    (c) Relation to State Law.--Nothing in this Act or the guidelines \ndeveloped by the Secretary under subsection (a) shall be construed to \npreempt State law, including any State law regarding whether students \nat risk for anaphylaxis may self-administer medication.\n\nSEC. 4. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS.\n\n    (a) In General.--The Secretary may award grants to local \neducational agencies to assist such agencies with implementing \nvoluntary food allergy and anaphylaxis management guidelines described \nin section 3.\n    (b) Application.--\n            (1) In general.--To be eligible to receive a grant under \n        this section, a local educational agency shall submit an \n        application to the Secretary at such time, in such manner, and \n        including such information as the Secretary may reasonably \n        require.\n            (2) Contents.--Each application submitted under paragraph \n        (1) shall include--\n                    (A) an assurance that the local educational agency \n                has developed plans in accordance with the food allergy \n                and anaphylaxis management guidelines described in \n                section 3;\n                    (B) a description of the activities to be funded by \n                the grant in carrying out the food allergy and \n                anaphylaxis management guidelines, including--\n                            (i) how the guidelines will be carried out \n                        at individual schools served by the local \n                        educational agency;\n                            (ii) how the local educational agency will \n                        inform parents and students of the guidelines \n                        in place;\n                            (iii) how school nurses, teachers, \n                        administrators, and other school-based staff \n                        will be made aware of, and given training on, \n                        when applicable, the guidelines in place; and\n                            (iv) any other activities that the \n                        Secretary determines appropriate;\n                    (C) an itemization of how grant funds received \n                under this section will be expended;\n                    (D) a description of how adoption of the guidelines \n                and implementation of grant activities will be \n                monitored; and\n                    (E) an agreement by the local educational agency to \n                report information required by the Secretary to conduct \n                evaluations under this section.\n    (c) Use of Funds.--Each local educational agency that receives a \ngrant under this section may use the grant funds for the following:\n            (1) Purchase of materials and supplies, including limited \n        medical supplies such as epinephrine and disposable wet wipes, \n        to support carrying out the food allergy and anaphylaxis \n        management guidelines described in section 3.\n            (2) In partnership with local health departments, school \n        nurse, teacher, and personnel training for food allergy \n        management.\n            (3) Programs that educate students as to the presence of, \n        and policies and procedures in place related to, food allergies \n        and anaphylactic shock.\n            (4) Outreach to parents.\n            (5) Any other activities consistent with the guidelines \n        described in section 3.\n    (d) Duration of Awards.--The Secretary may award grants under this \nsection for a period of not more than 2 years. In the event the \nSecretary conducts a program evaluation under this section, funding in \nthe second year of the grant, where applicable, shall be contingent on \na successful program evaluation by the Secretary after the first year.\n    (e) Limitation on Grant Funding.--The Secretary may not provide \ngrant funding to a local educational agency under this section after \nsuch local educational agency has received 2 years of grant funding \nunder this section.\n    (f) Maximum Amount of Annual Awards.--A grant awarded under this \nsection may not be made in an amount that is more than $50,000 \nannually.\n    (g) Priority.--In awarding grants under this section, the Secretary \nshall give priority to local educational agencies with the highest \npercentages of children who are counted under section 1124(c) of the \nElementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).\n    (h) Matching Funds.--\n            (1) In general.--The Secretary may not award a grant under \n        this section unless the local educational agency agrees that, \n        with respect to the costs to be incurred by such local \n        educational agency in carrying out the grant activities, the \n        local educational agency shall make available (directly or \n        through donations from public or private entities) non-Federal \n        funds toward such costs in an amount equal to not less than 25 \n        percent of the amount of the grant.\n            (2) Determination of amount of non-federal contribution.--\n        Non-Federal funds required under paragraph (1) may be cash or \n        in-kind, including plant, equipment, or services. Amounts \n        provided by the Federal Government, and any portion of any \n        service subsidized by the Federal Government, may not be \n        included in determining the amount of such non-Federal funds.\n    (i) Administrative Funds.--A local educational agency that receives \na grant under this section may use not more than 2 percent of the grant \namount for administrative costs related to carrying out this section.\n    (j) Progress and Evaluations.--At the completion of the grant \nperiod referred to in subsection (d), a local educational agency shall \nprovide the Secretary with information on how grant funds were spent \nand the status of implementation of the food allergy and anaphylaxis \nmanagement guidelines described in section 3.\n    (k) Supplement, Not Supplant.--Grant funds received under this \nsection shall be used to supplement, and not supplant, non-Federal \nfunds and any other Federal funds available to carry out the activities \ndescribed in this section.\n    (l) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $30,000,000 for fiscal year 2010 \nand such sums as may be necessary for each of the 4 succeeding fiscal \nyears.\n\nSEC. 5. VOLUNTARY NATURE OF GUIDELINES.\n\n    (a) In General.--The food allergy and anaphylaxis management \nguidelines developed by the Secretary under section 3 are voluntary. \nNothing in this Act or the guidelines developed by the Secretary under \nsection 3 shall be construed to require a local educational agency to \nimplement such guidelines.\n    (b) Exception.--Notwithstanding subsection (a), the Secretary may \nenforce an agreement by a local educational agency to implement food \nallergy and anaphylaxis management guidelines as a condition of the \nreceipt of a grant under section 4.","title":""}
+{"_id":"c205","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Foreign Investment Transparency and \nSecurity Act of 2006''.\n\nSEC. 2. LIMITS ON FOREIGN CONTROL OF INVESTMENTS IN CERTAIN UNITED \n              STATES CRITICAL INFRASTRUCTURE.\n\n    (a) In General.--Title II of the Homeland Security Act of 2002 (6 \nU.S.C. 201 et seq.) is amended by adding at the end the following:\n\n   ``Subtitle E--Limits on Foreign Control of Investments in Certain \n                 United States Critical Infrastructure\n\n``SEC. 241. DEFINITIONS.\n\n    ``As used in this subtitle--\n            ``(1) the term `foreign government controlled entity' means \n        any entity in which a foreign government owns a majority \n        interest, or otherwise controls or manages the entity; and\n            ``(2) the term `general business corporation' means any \n        entity that qualifies for treatment for Federal taxation \n        purposes under subchapter C or subchapter S of the Internal \n        Revenue Code of 1986, established or organized under the laws \n        of any State.\n\n``SEC. 242. LIMITATION ON FOREIGN INVESTMENTS.\n\n    ``(a) In General.--A foreign government controlled entity may \nacquire, own, or otherwise control or manage any critical \ninfrastructure of the United States only through the establishment or \noperation of a foreign owned general business corporation that meets \nthe requirements of subsection (b).\n    ``(b) Requirements.--For purposes of this section, a general \nbusiness corporation shall--\n            ``(1) have a board of directors, the majority of which is \n        comprised of United States citizens;\n            ``(2) have a chief security officer who is a United States \n        citizen, responsible for safety and security issues related to \n        the critical infrastructure; and\n            ``(3) maintain all records related to operations, \n        personnel, and security of the United States general business \n        corporation in the United States.\n    ``(c) Rule of Construction.--Nothing in this subtitle may be \nconstrued to restrict or otherwise alter the authority of the President \nor the Committee on Foreign Investment in the United States (or any \nsuccessor thereto) as the designee of the President, under section 721 \nof the Defense Production Act of 1950.\n\n``SEC. 243. REGULATIONS REQUIRED.\n\n    ``Not later than 6 months after the date of enactment of this \nsubtitle, the Secretary, in coordination with the Secretary of the \nTreasury, shall promulgate final regulations to carry out this \nsubtitle.\n\n``SEC. 244. EFFECTIVE DATE.\n\n    ``(a) In General.--Section 242 shall apply beginning on the date \nthat is 6 months after the date of enactment of this subtitle.\n    ``(b) Existing Entities.--A foreign government controlled entity \nthat owns or otherwise controls or manages any critical infrastructure \nof the United States on the effective date of this subtitle shall \ncomply with the requirements of this subtitle not later than 180 days \nafter that effective date.''.\n    (b) Conforming Amendment.--The table of contents under section 1(b) \nof the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by \ninserting after the item relating to section 237 the following:\n\n   ``Subtitle E--Limits on Foreign Control of Investments in Certain \n                 United States Critical Infrastructure\n\n        ``Sec. 241. Definitions.\n        ``Sec. 242. Limitation on foreign investments.\n        ``Sec. 243. Regulations required.\n        ``Sec. 244. Effective date.''.\n\nSEC. 3. MARITIME SECURITY.\n\n    (a) Findings.--Congress finds that--\n            (1) existing scanning processes for maritime containers are \n        insufficient;\n            (2) it should be the goal of the United States to scan 100 \n        percent of inbound maritime containers; and\n            (3) the maritime container inspection system employed in \n        Hong Kong shows promise in enhancing the maritime security \n        capabilities of the United States.\n    (b) Amendments to Homeland Security Act.--\n            (1) In general.--Subtitle A of title IV of the Homeland \n        Security Act (6 U.S.C. 201 et seq.) is amended by adding at the \n        end the following:\n\n``SEC. 404. REPORT ON SCANNING OF MARITIME CONTAINERS.\n\n    ``(a) Report to Congress.--Not later than 90 days after the date of \nenactment of this section, the Secretary shall submit a report to \nCongress detailing the processes and policies for implementation of a \nscanning system for 100 percent of the inbound maritime containers \ndescribed in subsection (a).\n    ``(b) Definition of Container.--The term `container' has the \nmeaning given the term in the International Convention for Safe \nContainers, with annexes, done at Geneva December 2, 1972 (29 UST \n3707).''.\n            (2) Conforming amendment.--The table of contents under \n        section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. \n        101) is amended by inserting after the item relating to section \n        403 the following:\n\n        ``Sec. 404. Report on scanning of maritime containers.''.","title":""}
+{"_id":"c206","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Foreign Service Overseas Pay Equity \nAct of 2008''.\n\nSEC. 2. OVERSEAS COMPARABILITY PAY ADJUSTMENT.\n\n    (a) Overseas Comparability Pay Adjustment.--\n            (1) In general.--Chapter 4 of the Foreign Service Act of \n        1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end \n        the following:\n\n``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.\n\n    ``(a) In General.--A member of the Service who is designated class \n1 or below for purposes of section 403 and whose official duty station \nis not in the continental United States or in a nonforeign area shall \nreceive, in accordance with the phase-in schedule set forth in \nsubsection (c), the same locality-based comparability payment under \nsection 5304 of title 5, United States Code (stated as a percentage) as \nwould be payable to such member if such member's official duty station \nwere in the District of Columbia.\n    ``(b) Treatment as Basic Pay.--The amount of any locality-based \ncomparability payment which is payable to a member of the Service under \nthis section--\n            ``(1) shall be considered a part of the basic pay of such \n        member for the purposes described in--\n                    ``(A) section 5304(c)(2)(A) of title 5, United \n                States Code; and\n                    ``(B) chapter 8 of this Act; and\n            ``(2) shall be subject to any limitations on pay applicable \n        to locality-based comparability payments under section 5304 of \n        such title.\n    ``(c) Phase-In.--The locality-based comparability payment payable \nto a member of the Service under this section shall be equal to--\n            ``(1) 33.33 percent of the payment which would otherwise \n        apply under subsection (a) during the period beginning on the \n        first day of the first pay period beginning on or after the \n        earlier of April 1, 2009, or the date on which appropriations \n        for fiscal year 2009 are made available pursuant to the \n        enactment of  the Department of State, Foreign Operations, and \n        Related Programs Appropriations Act, 2009, and ending on the \n        last day of the last pay period in fiscal year 2009;\n            ``(2) 66.67 percent of the payment which would otherwise \n        apply under subsection (a) during the period beginning on the \n        first day of the first pay period in fiscal year 2010 and \n        ending on the last day of the last pay period in fiscal year \n        2010; and\n            ``(3) 100 percent of the payment determined under \n        subsection (a), beginning on the first day of the first pay \n        period in fiscal year 2011.\n    ``(d) Nonforeign Area Defined.--As used in this section, the term \n`nonforeign area' means 1 of the areas listed in section 591.205 of \ntitle 5, Code of Federal Regulations.''.\n            (2) Conforming amendment.--The table of contents under \n        section 2 of the Foreign Service Act of 1980 is amended by \n        inserting after the item relating to section 414 the following:\n\n``Sec. 415. Overseas comparability pay adjustment.''.\n    (b) Conforming Amendments Relating to the Foreign Service \nRetirement Systems.--\n            (1) Contributions to the fund.--\n                    (A) In general.--Section 805(a) of the Foreign \n                Service Act of 1980 (22 U.S.C. 4045(a)) is amended--\n                            (i) in paragraph (1)--\n                                    (I) by striking ``7.25 percent'' \n                                and inserting ``7 percent''; and\n                                    (II) by striking ``The contribution \n                                by the employing agency'' and all that \n                                follows through ``and shall be made'' \n                                and inserting ``An equal amount shall \n                                be contributed by the employing \n                                agency'';\n                            (ii) in paragraph (2)--\n                                    (I) in subparagraph (A), by \n                                striking ``, plus an amount equal to \n                                .25 percent of basic pay''; and\n                                    (II) in subparagraph (B), by \n                                striking ``, plus an amount equal to \n                                .25 percent of basic pay''; and\n                            (iii) in paragraph (3), by striking ``, \n                        plus .25 percent''.\n                    (B) Effective date.--The amendments made by \n                subparagraph (A) shall take effect on the first day of \n                the first pay period beginning on or after October 1, \n                2010.\n            (2) Computation of annuities.--Section 806(a)(9) of the \n        Foreign Service Act of 1980 (22 U.S.C. 4046(a)(9)) is amended \n        by striking ``is outside the continental United States shall'' \n        and inserting ``was outside the continental United States \n        during the period beginning on December 29, 2002, and ending on \n        the day before the first day of the first pay period beginning \n        on or after October 1, 2010 (or during any portion of such \n        period) shall, to the extent that such computation is based on \n        the basic salary or basic pay of such member for such period \n        (or portion of such period),''.\n            (3) Entitlement to annuity.--Section 855(a)(3) of the \n        Foreign Service Act of 1980 (22 U.S.C. 4071d(a)(3)) is \n        amended--\n                    (A) by striking ``section 8414'' and inserting \n                ``section 8415''; and\n                    (B) by striking ``is outside the continental United \n                States shall'' and inserting ``was outside the \n                continental United States during the period beginning \n                on December 29, 2002, and ending on the day before the \n                first day of the first pay period beginning on or after \n                October 1, 2010 (or during any portion of such period) \n                shall, to the extent that such computation is based on \n                the basic salary or basic pay of such member for such \n                period (or portion of such period),''.\n            (4) Deductions and withholdings from pay.--Section \n        856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to \n        read as follows:\n            ``(2) The applicable percentage under this subsection shall \n        be as follows:\n\n \n   ``Percentage                          Time Period\n \n              7.5    Before January 1, 1999.\n             7.75   January 1, 1999, to December 31, 1999.\n              7.9   January 1, 2000, to December 31, 2000.\n             7.55   January 11, 2003, to the day before the first day of\n                     the first pay period beginning on or after October\n                     1, 2010.\n              7.5   Beginning on the first day of the first pay period\n                     beginning on or after October 1, 2010.''.\n \n\n    (c) Reporting Requirement.--Not later than October 1, 2010, the \nSecretary of State shall submit a report to the Committee on Foreign \nRelations of the Senate, the Committee on Homeland Security and \nGovernmental Affairs of the Senate, the Committee on Foreign Affairs of \nthe House of Representatives, and the Committee on Oversight and \nGovernment Reform of the House of Representatives that includes--\n            (1) an assessment of all allowances provided to members of \n        the Foreign Service under the Foreign Service Act of 1980 or \n        under title 5, United States Code; and\n            (2) an explanation of how such allowances have been or will \n        be affected by the amendments to the Foreign Service Act of \n        1980 made under this Act.\n\nSEC. 3. DEATH GRATUITY.\n\n    Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C. \n3973(a)) is amended by striking ``at the time of death'' and inserting \n``at level II of the Executive Schedule under section 5313 of title 5, \nUnited States Code, at the time of death. If the deceased employee was \ncompensated under a local compensation plan established under section \n408, the amount of such gratuity shall be equal to the greater of 1 \nyear's salary at the time of death or 1 year's salary at the highest \nstep of the highest grade on the local compensation plan from which the \nemployee was being paid at the time of death''.","title":""}
+{"_id":"c207","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Forest Roads-Community Right-To-Know \nAct''.\n\nSEC. 2. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT PROCEDURES FOR \n              PERMANENT CLOSURE OF FOREST ROADS.\n\n    (a) Definitions.--In this section:\n            (1) Permanent closure.--The term ``permanent closure'', \n        with respect to a forest road, means the closure of the road to \n        vehicular traffic for a continuous period of more than one \n        year. The term includes a road closure of one year or less, or \n        of an unspecified duration, unless the Secretary concerned \n        certifies at the time of the closure that the closure will not \n        extend beyond one year.\n            (2) Forest road.--The term ``forest road'' means any road \n        on Federal lands.\n            (3) Federal lands.--The term ``Federal lands'' means--\n                    (A) lands administered by the Bureau of Land \n                Management; and\n                    (B) lands within units of the National Forest \n                System.\n            (4) State and local government officials.--The term ``State \n        and local government officials'' means elected officials of \n        States and counties within which Federal lands are located.\n            (5) Secretary concerned.--The term ``Secretary concerned'' \n        means--\n                    (A) with respect to the Federal lands described in \n                paragraph (3)(A), the Secretary of the Interior; and\n                    (B) with respect to the Federal lands described in \n                paragraph (3)(B), the Secretary of Agriculture.\n    (b) Advance Notice of Permanent Road Closures to State and Local \nGovernment Officials.--\n            (1) Purpose.--The purpose of this subsection is to ensure \n        that the Secretary concerned involves State and local \n        government officials in the process by which the Secretary \n        concerned considers and plans for the potential permanent \n        closure of forest roads on Federal lands.\n            (2) Annual meetings required.--At least once each fiscal \n        year, the Secretary concerned shall meet with appropriate State \n        and local government officials to describe all agency plans or \n        proposals that, within the next two fiscal years, will or may \n        result in the permanent closure of forest roads on Federal \n        lands. Such agency plans or proposals include project \n        proposals, land management plan amendments or revisions, \n        resource management plan amendments or revisions, and regional \n        or subregional plans or proposals\n            (3) Elements of notice.--At a meeting under paragraph (2), \n        the Secretary concerned shall provide information, using maps \n        and other means, that at a minimum--\n                    (A) shows forest roads selected or proposed for \n                permanent closure;\n                    (B) shows traffic patterns and volumes on the roads \n                over the previous five years; and\n                    (C) explains how users of the roads will be \n                adversely affected with longer travel times or adverse \n                travel conditions by the permanent closure of the \n                roads.\n            (4) Special rule for first meeting.--At the first meeting \n        conducted under paragraph (2) for a State or local government, \n        the Secretary concerned shall also provide information on all \n        forest roads that have been subject to permanent closure in \n        that State during the previous five years. The information \n        shall include a map showing the location of the forest \nroads and a description of the methods and costs of the permanent \nclosure of the forest roads.\n    (c) Public Notice and Comment Requirements.--\n            (1) Local notice.--Before proceeding with the permanent \n        closure of a forest road, the Secretary concerned shall publish \n        an announcement describing the proposed closure in the local \n        newspaper of record for the area likely to be affected by the \n        permanent closure of the road. The announcement shall include a \n        description and map of the forest road selected or proposed for \n        permanent closure and a description of any comments generated \n        regarding the closure in meetings with State and local \n        government officials under subsection (b).\n            (2) Comment period.--The permanent closure of a forest road \n        may not take effect until after the end of the 90-day period \n        beginning on the date that the announcement under paragraph (1) \n        was published regarding that road so as to permit the public to \n        submit comments regarding the decision to select or propose the \n        forest road for permanent closure.\n    (d) Prohibition on Permanent Road Closures.--The permanent closure \nof a forest road is prohibited unless--\n            (1) advance notice of the permanent closure of the road is \n        provided to the appropriate State and local government \n        officials in the manner provided in subsection (b); and\n            (2) the Secretary complies with the public notice and \n        comment requirements under subsection (c).\n    (e) Application of Requirements.--The requirements of this section \nshall take effect on the date of the enactment of this Act, except that \nthe prohibition contained in subsection (d)(1) shall not apply to \nprohibit the permanent closure of any forest road implemented during \nthe fiscal year in which this section is enacted.\n    (f) Effect on Valid and Existing Rights.--Nothing in this section \nshall invalidate rights-of-way designated under section 2477 of the \nRevised Statutes of 1878 (43 U.S.C. 932) or other valid and existing \nrights, including rights of ingress and egress.\n    (g) Compliance With State Laws.--In carrying out this section with \nrespect to a forest road, the Secretary concerned shall comply with the \napplicable laws of the State in which the forest road is located.\n\nSEC. 3. EMERGENCIES.\n\n    (a) Emergency Road Closures.--Subject to subsection (b), the \nrequirements of section 2 shall not apply to emergency road closures \nwhere life or property would be endangered or threatened in the absence \nof the road closure.\n    (b) Length of Closure.--If an emergency road closure will extend \nbeyond one year, the Secretary concerned shall comply with the \nrequirements of section 2 within three months after the date on which \nthe emergency road closure commenced.","title":""}
+{"_id":"c208","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Freedom and Mobility in Consumer \nBanking Act''.\n\nSEC. 2. CONSUMER RIGHTS WITH RESPECT TO CLOSED ACCOUNTS.\n\n    The Truth in Savings Act (12 U.S.C. 4301 et seq.) is amended--\n            (1) by striking section 262 and inserting the following:\n\n``SEC. 262. FINDINGS AND PURPOSES.\n\n    ``(a) Findings.--Congress finds that--\n            ``(1) economic stability would be enhanced, competition \n        between depository institutions would be improved, and the \n        ability of the consumer to make informed decisions regarding \n        deposit accounts, and to verify accounts, would be strengthened \n        if there were uniformity in the disclosure of terms and \n        conditions on which interest is paid and fees are assessed in \n        connection with such accounts; and\n            ``(2) consumers lack meaningful choices for managing \n        household funds because--\n                    ``(A) despite dissatisfaction with rising account \n                fees at some depository institutions, consumers often \n                find it too difficult to move their funds to new \n                deposit accounts;\n                    ``(B) the process of moving funds to new deposit \n                accounts often involves several steps and substantial \n                time to complete, and it is not always clear what the \n                proper procedures are for closing an account at a given \n                depository institution;\n                    ``(C) depository institutions have no obligation \n                and may lack the technical capabilities to help \n                consumers transfer automated deposits or debits from \n                old accounts to new accounts, causing delays and \n                confusion;\n                    ``(D) depository institutions may charge fees to \n                close an account and withdraw available funds, which \n                can impede banking mobility for low-income consumers; \n                and\n                    ``(E) some depository institutions have engaged in \n                the practice of reopening closed accounts without the \n                consent of the consumer.\n    ``(b) Purposes.--The purposes of this Act are--\n            ``(1) to allow consumers to make a meaningful comparison \n        between competing claims of depository institutions with regard \n        to deposit accounts by requiring the clear and uniform \n        disclosure of--\n                    ``(A) the rates of interest that are payable on \n                deposit accounts by depository institutions; and\n                    ``(B) the fees that are assessable against deposit \n                accounts; and\n            ``(2) to protect rights of consumers by providing a \n        framework establishing the rights, liabilities, and \n        responsibilities of depository institutions and consumers in \n        closing procedures for certain types of consumer deposit \n        accounts.'';\n            (2) by inserting after section 268 the following:\n\n``SEC. 268A. CLOSURE OF COVERED ACCOUNTS.\n\n    ``(a) In General.--A depository institution may not--\n            ``(1) prohibit a consumer from closing a covered account at \n        the depository institution, regardless of whether the balance \n        in the covered account is positive, zero, or negative;\n            ``(2) charge any fee to close a covered account; or\n            ``(3) reopen a covered account that a consumer has \n        requested to be closed in accordance with this section to apply \n        subsequent debits, whether preauthorized or otherwise, or for \n        any other reason, unless the consumer expressly requests that \n        the covered account be reopened.\n    ``(b) Disclosures Required.--A depository institution shall provide \nto any consumer that opens a covered account at the depository \ninstitution a description of the policies and procedures that the \ndepository institution has in place to close a covered account--\n            ``(1) at the time the consumer opens the covered account;\n            ``(2) at any time, upon request of a consumer; and\n            ``(3) on the website of the depository institution.\n    ``(c) Regulations Relating to Closure of Covered Accounts.--\n            ``(1) In general.--Not later than 1 year after the date of \n        enactment of this section, the Bureau, after consultation with \n        each agency referred to in section 270(a), and public notice \n        and opportunity for comment, shall prescribe final regulations \n        to carry out this section.\n            ``(2) Content.--The regulations required by this subsection \n        shall--\n                    ``(A) require that a depository institution close a \n                covered account not later than 5 business days after \n                the date on which a consumer makes a request to close \n                the covered account, except that the closure of the \n                covered account may be delayed--\n                            ``(i) if a Federal or State law enforcement \n                        agency notifies the depository institution that \n                        the closure will interfere with a criminal \n                        investigation; or\n                            ``(ii) pursuant to any other exception that \n                        the Bureau determines is appropriate;\n                    ``(B) prescribe the methods by which a consumer may \n                make a request to a depository institution to close a \n                covered account, which, except as provided in \n                subparagraph (C), shall include requests made in \n                person, over the phone, or by other electronic or \n                remote means;\n                    ``(C) allow a depository institution to require \n                that a request by a consumer to close a covered account \n                shall be made in person if the covered account contains \n                an amount on deposit exceeding a certain monetary \n                threshold, as determined and established by the Bureau;\n                    ``(D) establish procedures that require a \n                depository institution to positively verify the \n                identity of a consumer requesting to close a covered \n                account before the depository institution closes the \n                covered account, including procedures for a depository \n                institution to follow if the depository institution is \n                unable to verify the identity of the consumer;\n                    ``(E) establish procedures for a depository \n                institution to provide a consumer with the funds \n                contained in a covered account that the consumer has \n                requested to close, which shall include procedures--\n                            ``(i) that ensure that the consumer whose \n                        identity has been positively verified by the \n                        depository institution has access to any funds \n                        available for withdrawal at the time the \n                        consumer makes a request to the depository \n                        institution to close the covered account;\n                            ``(ii) that establish a reasonable amount \n                        of time for the depository institution to remit \n                        to the consumer the remainder of any funds in \n                        the closed covered account, including funds \n                        that are subject to a dispute between the \n                        depository institution and the consumer; and\n                            ``(iii) that allow a consumer whose \n                        identity has been positively verified by the \n                        depository institution to receive available \n                        funds from a covered account that the consumer \n                        has requested to close in the form of--\n                                    ``(I) a cashier's check provided to \n                                the consumer;\n                                    ``(II) an electronic funds transfer \n                                to an account designated by the \n                                consumer;\n                                    ``(III) any means offered by the \n                                depository institution that the \n                                consumer has requested; or\n                                    ``(IV) any means that the Bureau \n                                determines appropriate;\n                    ``(F) except as provided under subparagraph (G), \n                prohibit a depository institution from imposing any fee \n                or charge on a covered account at the depository \n                institution after the consumer has requested to close \n                the covered account;\n                    ``(G) allow a depository institution to assess an \n                overdraft fee after a consumer has requested to close a \n                covered account, if such overdraft fee is associated \n                with a transaction that was initiated by the consumer \n                before the date on which the consumer made a request to \n                the depository institution to close the covered \n                account;\n                    ``(H) not limit the ability of a consumer to earn \n                interest that a covered account had accrued before the \n                date on which the consumer made a request to the \n                depository institution to close the covered account;\n                    ``(I) establish procedures for a depository \n                institution and a consumer to follow if a personal \n                check written by the consumer is deposited by a person \n                other than the consumer after the date on which the \n                consumer has closed a covered account;\n                    ``(J) require the depository institution to provide \n                the consumer with certain information before the \n                depository institution closes a covered account of the \n                consumer, including--\n                            ``(i) a list of any preauthorized \n                        transactions relating to the covered account \n                        that occurred within the 60 days preceding the \n                        date on which the consumer made a request to \n                        the depository institution to close the covered \n                        account;\n                            ``(ii) a list of any preauthorized \n                        transactions scheduled to occur in the 60 days \n                        after the date on which the consumer made a \n                        request to the depository institution to close \n                        the covered account;\n                            ``(iii) a list of any direct deposits into \n                        the covered account in the 60 days preceding \n                        the date on which the consumer made a request \n                        to the depository institution to close the \n                        covered account; and\n                            ``(iv) any other information that the \n                        Bureau determines is necessary to provide \n                        consumers with adequate information about \n                        potential preauthorized activity relating to \n                        the covered account;\n                    ``(K) prohibit a depository institution from \n                reporting an outstanding balance or any other adverse \n                information with respect to a covered account at the \n                depository institution to any consumer reporting \n                agency, as defined in section 603(f) of the Fair Credit \n                Reporting Act (15 U.S.C. 1681a), if--\n                            ``(i) at the time the covered account is \n                        closed, the covered account has a negative \n                        balance resulting solely from any fee assessed \n                        by the depository institution; and\n                            ``(ii) that information could be used to \n                        adversely affect the ability of the consumer to \n                        open an account at another depository \n                        institution;\n                    ``(L) establish the terms under which a depository \n                institution may report that a covered account had a \n                negative balance at the time of the closure of the \n                covered account to a consumer reporting agency, as \n                defined in section 603(f) of the Fair Credit Reporting \n                Act (15 U.S.C. 1681a), if the depository institution--\n                            ``(i) notifies the consumer of the negative \n                        balance; and\n                            ``(ii) provides the consumer with a \n                        reasonable period of time, as determined and \n                        established by the Bureau, to repay the \n                        negative balance; and\n                    ``(M) include any other provisions, guidance, or \n                exceptions that the Bureau determines are appropriate \n                in order to facilitate the purposes of this section.\n    ``(d) Study; Rulemaking.--\n            ``(1) Study.--\n                    ``(A) In general.--The Comptroller General of the \n                United States shall conduct a study to determine \n                additional barriers that could limit the ability of a \n                consumer to close a covered account.\n                    ``(B) Contents of study.--The study required under \n                paragraph (1) shall include, at a minimum, analysis \n                of--\n                            ``(i) potential reforms to payment clearing \n                        and settlement systems that would enable \n                        depository institutions to notify consumers if \n                        a preauthorized recurring debit is directed to \n                        a covered account after the covered account has \n                        been closed;\n                            ``(ii) potential reforms to payment \n                        clearing and settlement systems that would \n                        automatically transfer any direct deposit, \n                        preauthorized transaction, or other similar \n                        scheduled activity relating to a closed covered \n                        account to another account designated by the \n                        consumer;\n                            ``(iii) other factors, including \n                        technological barriers, in payment clearing and \n                        scheduling systems that limit the ability of \n                        consumers to efficiently close a covered \n                        account and transfer funds to another account; \n                        and\n                            ``(iv) recommendations to Congress and the \n                        appropriate Federal banking agencies, including \n                        steps that the appropriate Federal banking \n                        agencies could take through rulemaking to \n                        facilitate the automatic transfer of funds from \n                        a closed covered account to another account \n                        designated by the consumer.\n                    ``(C) Report.--Not later than 1 year after the date \n                of enactment of this subsection, the Comptroller \n                General shall issue a report to the Congress and the \n                Bureau of Consumer Financial Protection on the study \n                required under subparagraph (A), including any findings \n                and determinations made by the Comptroller General in \n                carrying out such study.\n            ``(2) Rulemaking.--Not later than 1 year after the Bureau \n        receives the report issued under paragraph (1)(C) the Bureau \n        shall--\n                    ``(A) determine whether regulations should be \n                issued to remove barriers that limit the ability of a \n                consumer to close a covered account; and\n                    ``(B) if the Bureau determines that such \n                regulations should be issued, the Bureau shall, in \n                consultation with each agency referred to in section \n                270(a), and after public notice and opportunity for \n                comment, issue such regulations.''; and\n            (3) in section 274, by adding at the end the following:\n            ``(9) Available for withdrawal.--The term `available for \n        withdrawal', with respect to funds deposited, means available \n        for all uses generally permitted to the customer for actually \n        and finally collected funds under the account agreement with \n        the depository institution or policies of the depository \n        institution, such as for payment of checks drawn on the \n        account, certification of checks drawn on the account, \n        electronic payments, withdrawals by cash, and transfers between \n        accounts.\n            ``(10) Covered account.--The term `covered account' means \n        any checking, savings, or any other account that the Bureau may \n        include, by regulation.''.","title":""}
+{"_id":"c209","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Fusion Energy Research Authorization \nAct of 1994''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds that--\n            (1) by the year 2050, the world will need to supply between \n        2 and 3 times as much energy as is presently produced to meet \n        minimum requirements for food, shelter, transportation, and \n        economic security;\n            (2) meeting the increased energy demands of the year 2050 \n        cannot be achieved without substantial environmental \n        degradation unless there is a massive shift from dependence on \n        the fossil fuels which today provide more than three-quarters \n        of all energy supply;\n            (3) a wide variety of nonfossil fuel energy technologies \n        must be developed to meet the expected demand of the year 2050;\n            (4) the Federal Government has a responsibility to fund \n        research in energy technologies to help meet future expected \n        energy demand where the technical or economic risks of \n        developing such technologies are too high to be borne solely by \n        the private sector;\n            (5) despite the urgent need to develop a wide variety of \n        nonfossil fuel energy technologies, the Federal Government's \n        investment in all energy supply research and development \n        (including fossil fuels) has declined in real terms by more \n        than two-thirds in the last 14 years;\n            (6) fusion energy is one of the nonfossil fuel technologies \n        which could potentially provide safe, abundant, environmentally \n        sound, secure, and affordable energy supplies in the future;\n            (7) in the last 16 years, fusion energy researchers have \n        made significant progress toward realizing magnetic fusion as a \n        viable source of energy, increasing power production from test \n        reactors more than a million-fold over that time period;\n            (8) while significant engineering, technical, and \n        scientific challenges remain to make fusion energy commercially \n        viable, limited funding remains the primary constraint to more \n        rapid progress;\n            (9) the technical risks and the long time scale needed to \n        demonstrate the commercial viability of fusion energy will \n        likely require a stable, predictable, and sustained investment \n        of government funding for decades to come;\n            (10) while magnetic fusion is the leading fusion \n        technology, research on alternative fusion concepts should \n        continue to be supported;\n            (11) opportunities to participate in international fusion \n        experiments can dramatically lower the cost to the Federal \n        Government of fusion energy research;\n            (12) the United States must demonstrate that it is a \n        credible partner in international scientific programs by being \n        able to make and keep long-term commitments to funding and \n        participation; and\n            (13) the United States should commit to participating in \n        the siting, construction, and operation of ITER as soon as \n        practicable.\n\nSEC. 3. PURPOSES.\n\n    The purposes of this Act are to--\n            (1) provide direction and authorize appropriations for a \n        broadly based fusion energy research program at the Department \n        of Energy which includes development of the magnetic fusion \n        program and research on alternative fusion concepts;\n            (2) provide an accelerated commitment to United States \n        participation in ITER and provide authorization of \n        appropriations for such activity contingent on meeting program \n        milestones;\n            (3) provide for the selection of a host country and \n        establish a site selection process for ITER; and\n            (4) provide a stable basis of funding for multi-year fusion \n        energy research facility construction commitments through the \n        establishment of a trust fund.\n\nSEC. 4. DEFINITIONS.\n\n    For purposes of this Act--\n            (1) the term ``alternative fusion concepts'' means any \n        concepts for the production of energy based on the fusing of \n        atomic nuclei other than toroidal magnetic fusion concepts, \n        including heavy ion inertial fusion, aneutronic fusion, and \n        electrostatic fusion;\n            (2) the term ``Department'' means the Department of Energy;\n            (3) the term ``Fusion Energy Research Program'' means the \n        program described in section 5;\n            (4) the term ``international partners'' means the United \n        States, the European Atomic Energy Community, Japan, and the \n        Russian Federation;\n            (5) the term ``ITER'' means the International Thermonuclear \n        Experimental Reactor;\n            (6) the term ``magnetic fusion'' means fusion based on \n        toroidal confinement concepts;\n            (7) the term ``Secretary'' means the Secretary of Energy; \n        and\n            (8) the term ``Tokamak Physics Experiment'' means a \n        facility to replace the Tokamak Fusion Test Reactor which is \n        designed to be capable of conducting experiments on reactions \n        with a pulse length of at least 15 minutes and demonstrating a \n        more compact and efficient magnetic fusion reactor design.\n\nSEC. 5. FUSION ENERGY RESEARCH PROGRAM.\n\n    (a) Fusion Program.--The Secretary shall carry out in accordance \nwith the provisions of this Act a Fusion Energy Research Program, \nincluding research, development, and demonstration to demonstrate the \ntechnical and economic feasibility of producing safe, environmentally \nsound, and affordable energy from fusion.\n    (b) Program Goals.--The goal of the Fusion Energy Research Program \nis to demonstrate by the year 2010 the practicability of commercial \nelectric power production and to lead to commercial production of \nfusion energy by the year 2040.\n    (c) Program Elements.--The Fusion Energy Research Program shall \nconsist of the following elements:\n            (1) Research, development, and demonstration on magnetic \n        fusion energy technology, including--\n                    (A) research on plasma physics and control, \n                confinement, ignition, and burning;\n                    (B) the design, construction, and operation of \n                experimental fusion reactors, including the Tokamak \n                Physics Experiment, and the development of special \n                materials for such reactors, the facilities to develop \n                such materials, and the development of components which \n                support the operation of such reactors, such as \n                diagnostic and remote maintenance equipment; and\n                    (C) participation by the United States industrial \n                sector in the design and construction of fusion \n                reactors, and cooperation with utilities.\n            (2) Research, development, and demonstration of alternative \n        fusion concepts, to be administered through an Assistant \n        Director for Alternative Fusion Research, including research \n        and development needed to build and test an Induction Linac \n        Systems Experiment for the purpose of developing heavy ion \n        inertial fusion energy.\n            (3) Participation in the design, construction, and \n        operation of ITER with the goal of ITER becoming operational by \n        the year 2005.\n\nSEC. 6. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES.\n\n    Within 6 months after the date of enactment of this Act, the \nSecretary shall contract with the National Academy of Sciences to \nconduct a study which examines the various magnetic fusion technologies \nand alternative fusion concepts to assess their current state of \ndevelopment, evaluates the potential of such technologies and concepts \nto become commercially viable sources of energy in the future, and \nidentifies the research and development goals and priorities, and the \nrange of probable costs and time scales, needed to achieve commercial \nviability.\n\nSEC. 7. ITER SITE SELECTION PROCESS.\n\n    (a) ITER Study and Report.--Within 120 days after the date of \nenactment of this Act, the Secretary shall submit to Congress a study \nwhich compares the technical and scientific advantages and \ndisadvantages and the economic costs and benefits to the United States \nof siting ITER in the United States with siting ITER outside of the \nUnited States. Such study shall include the consideration of the impact \non employment of constructing ITER in the United States, the effect of \nmanufacturing major ITER subsystems (such as superconducting magnets) \nin the United States, and the effect of siting ITER in the United \nStates on United States funding requirements for participation in ITER.\n    (b) Host-Country Selection.--The Secretary shall seek to reach an \nagreement with the international partners which provides for--\n            (1) the selection of a host country in which to site ITER \n        by October, 1995;\n            (2) the equitable distribution of economic and \n        technological benefits among the international partners, \n        including the construction of ITER and related facilities and \n        the manufacture of major ITER subsystems;\n            (3) substantial United States industry and utility \n        involvement in the design, construction, and operation of ITER \n        to ensure United States industry and utility expertise in the \n        technologies developed; and\n            (4) a schedule to complete site-specific design activities \n        by 1998.\n    (c) United States Site Selection.--The Secretary shall--\n            (1) immediately initiate a process for identifying \n        candidate sites within the United States which meet the site \n        requirements for the construction and operation of ITER; and\n            (2) propose within 90 days after the date of enactment of \n        this Act a process for selection of a site within the United \n        States by June, 1996, if the United States is selected as the \n        host country for ITER pursuant to the international agreement \n        described in subsection (b).\n    (d) Final Cost Estimate.--The Secretary shall provide to Congress \nwithin 90 days following the completion of site-specific design \nactivities a detailed estimate of the final projected total cost and \ncost to the United States of the construction and operation of ITER \nbased on final site-specific engineering and construction designs.\n\nSEC. 8. REPORTS AND MISCELLANEOUS PROVISIONS.\n\n    (a) Contingency Plan.--Within 120 days after the date of enactment \nof this Act, the Secretary shall submit to Congress a report on the \nfeasibility of conducting a parallel design effort on the Tokamak \nPhysics Experiment to augment the capabilities of the Tokamak Physics \nExperiment in the event that an international agreement cannot be \nreached on the site selection or construction of ITER.\n    (b) Program Report.--Within 180 days after the date of enactment of \nthis Act, and biennially thereafter, the Secretary shall prepare and \nsubmit to the Congress a report on the Fusion Energy Research Program \nand the progress it has made in meeting the goals and requirements of \nthis Act.\n    (c) Coordination With Defense Fusion Research Programs.--(1) The \nSecretary shall, to the maximum extent practicable, coordinate the \nresearch and development activities of the civilian Inertial Fusion \nEnergy Program and the defense Inertial Confinement Fusion Program to \nmaximize the benefits to both programs.\n    (2) Within 120 days after the enactment of this Act, the Secretary, \nin conjunction with the Secretary of Defense, shall submit a report to \nCongress with recommendations for sharing budget and other resources in \norder to enhance the civilian energy applications of the defense \nInertial Confinement Fusion Program.\n    (d) Repeal.--Section 2114 of the Energy Policy Act of 1992 (Public \nLaw 102-486) is repealed.\n\nSEC. 9. UNIVERSITY RADIATION SCIENCE AND TECHNOLOGY PROGRAM.\n\n    The Secretary shall combine the Nuclear Engineering Research and \nEducation Program, the University Research Reactor Program, and the \nUniversity Reactor Fuel Assistance Program to form a new University \nRadiation Science and Technology Program to be included as a separate \nand distinct part of the University and Science Education Program of \nthe Department.\n\nSEC. 10. FUSION ENERGY FACILITY FUND.\n\n    (a) Establishment of Fees.--The Secretary shall establish a fee, \npayable by persons who sell electricity for ultimate consumption, at a \nrate of 0.1 mills per kilowatt hour.\n    (b) Collection.--The Secretary shall establish procedures for the \ncollection of such fees. The Secretary may use the services of any \nFederal, State, or local agency or instrumentality to collect such \nfees, and may reimburse such agency or instrumentality a reasonable \namount for such services.\n    (c) Use of Funds.--Funds received under this section shall be \ndeposited in a separate account in the Treasury, and shall be used, to \nthe extent provided in advance in appropriation Acts, only for the \ndesign, engineering, and construction of ITER, facilities related to \nITER (including a materials testing facility and a blanket testing \nfacility) and the Tokamak Physics Experiment.\n    (d) Termination of Fees.--The authority to assess and collect fees \nunder this section shall expire at the earlier of--\n            (1) the achievement of a balance in the account established \n        under subsection (c) sufficient in the judgment of the \n        Secretary to satisfy the obligations of the United States in \n        the design, engineering, and construction described in \n        subsection (c); or\n            (2) the completion of ITER construction.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n    (a) Fusion Energy Research Program.--There are authorized to be \nappropriated to the Secretary for carrying out the Fusion Energy \nResearch Program $380,000,000 for fiscal 1995, $425,000,000 for fiscal \nyear 1996, $475,000,000 for fiscal year 1997, and such sums as may be \nnecessary thereafter.\n    (b) Alternative Fusion Research.--From the sums authorized in \nsubsection (a), there are authorized to be appropriated to the \nSecretary for carrying out the Alternative Fusion Research Program \nunder section 5(c)(2), $26,000,000 for fiscal year 1995, $31,000,000 \nfor fiscal year 1996, $31,000,000 for fiscal year 1997, and such sums \nas may be necessary thereafter.\n    (c) Tokamak Physics Experiment.--The total amount to be \nappropriated for the complete design, development, and construction of \nthe Tokamak Physics Experiment shall not exceed $700,000,000.\n    (d) University Radiation Science and Technology Program.--There are \nauthorized to be appropriated to the Secretary for carrying out the \nUniversity Radiation Science and Technology Program $25,000,000 for \nfiscal year 1995, $25,000,000 for fiscal year 1996, $25,000,000 for \nfiscal year 1997, and such sums as may be necessary thereafter.\n    (e) Construction of ITER.--No funds are authorized for the \nconstruction of ITER until the Secretary certifies to the Congress that \nthere is an international agreement that meets the requirements of \nsection 7(b), and until the report required under section 7(d) is \nprovided to Congress.\n    (f) Limitation on Magnetic Fusion Facilities.--No funds are \nauthorized for the design, engineering, or construction of any magnetic \nfusion facility other than ITER, facilities related to ITER (including \na materials testing facility and a blanket testing facility) and the \nTokamak Physics Experiment.","title":""}
+{"_id":"c21","text":"SECTION 1. ENVIRONMENTAL INFRASTRUCTURE.\n\n    (a) Jackson County, Mississippi.--Section 219 of the Water \nResources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is \namended--\n        (1) in subsection (c), by striking paragraph (5) and inserting \n    the following:\n        ``(5) Jackson county, mississippi.--Provision of an alternative \n    water supply and a project for the elimination or control of \n    combined sewer overflows for Jackson County, Mississippi.''; and\n        (2) in subsection (e)(1), by striking ``$10,000,000'' and \n    inserting ``$20,000,000''.\n    (b) Manchester, New Hampshire.--Section 219(e)(3) of the Water \nResources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is \namended by striking ``$10,000,000'' and inserting ``$20,000,000''.\n    (c) Atlanta, Georgia.--Section 219(f)(1) of the Water Resources \nDevelopment Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended by \nstriking ``$25,000,000 for''.\n    (d) Paterson, Passaic County, and Passaic Valley, New Jersey.--\nSection 219(f)(2) of the Water Resources Development Act of 1992 (106 \nStat. 4835; 113 Stat. 335) is amended by striking ``$20,000,000 for''.\n    (e) Elizabeth and North Hudson, New Jersey.--Section 219(f) of the \nWater Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) \nis amended--\n        (1) in paragraph (33), by striking ``$20,000,000'' and \n    inserting ``$10,000,000''; and\n        (2) in paragraph (34)--\n            (A) by striking ``$10,000,000'' and inserting \n        ``$20,000,000''; and\n            (B) by striking ``in the city of North Hudson'' and \n        inserting ``for the North Hudson Sewerage Authority''.\n\nSEC. 2. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT PROGRAM.\n\n    Section 1103(e)(5) of the Water Resources Development Act of 1986 \n(33 U.S.C. 652(e)(5)) (as amended by section 509(c)(3) of the Water \nResources Development Act of 1999 (113 Stat. 340)) is amended by \nstriking ``paragraph (1)(A)(i)'' and inserting ``paragraph (1)(B)''.\n\nSEC. 3. DELAWARE RIVER, PENNSYLVANIA AND DELAWARE.\n\n    Section 346 of the Water Resources Development Act of 1999 (113 \nStat. 309) is amended by striking ``economically acceptable'' and \ninserting ``environmentally acceptable''.\n\nSEC. 4. PROJECT REAUTHORIZATIONS.\n\n    Section 364 of the Water Resources Development Act of 1999 (113 \nStat. 313) is amended--\n        (1) by striking ``Each'' and all that follows through the colon \n    and inserting the following: ``Each of the following projects is \n    authorized to be carried out by the Secretary, and no construction \n    on any such project may be initiated until the Secretary determines \n    that the project is technically sound, environmentally acceptable, \n    and economically justified:'';\n        (2) by striking paragraph (1); and\n        (3) by redesignating paragraphs (2) through (6) as paragraphs \n    (1) through (5), respectively.\n\nSEC. 5. SHORE PROTECTION.\n\n    Section 103(d)(2)(A) of the Water Resources Development Act of 1986 \n(33 U.S.C. 2213(d)(2)(A)) (as amended by section 215(a)(2) of the Water \nResources Development Act of 1999 (113 Stat. 292)) is amended by \nstriking ``or for which a feasibility study is completed after that \ndate,'' and inserting ``except for a project for which a District \nEngineer's Report is completed by that date,''.\n\nSEC. 6. COMITE RIVER, LOUISIANA.\n\n    Section 371 of the Water Resources Development Act of 1999 (113 \nStat. 321) is amended--\n        (1) by inserting ``(a) In General.--'' before ``The''; and\n        (2) by adding at the end the following:\n    ``(b) Crediting of Reduction in Non-Federal Share.--The project \ncooperation agreement for the Comite River Diversion Project shall \ninclude a provision that specifies that any reduction in the non-\nFederal share that results from the modification under subsection (a) \nshall be credited toward the share of project costs to be paid by the \nAmite River Basin Drainage and Water Conservation District.''.\n\nSEC. 7. CHESAPEAKE CITY, MARYLAND.\n\n    Section 535(b) of the Water Resources Development Act of 1999 (113 \nStat. 349) is amended by striking ``the city of Chesapeake'' each place \nit appears and inserting ``Chesapeake City''.\n\nSEC. 8. CONTINUATION OF SUBMISSION OF CERTAIN REPORTS BY THE SECRETARY \n              OF THE ARMY.\n\n    (a) Recommendations of Inland Waterways Users Board.--Section \n302(b) of the Water Resources Development Act of 1986 (33 U.S.C. \n2251(b)) is amended in the last sentence by striking ``The'' and \ninserting ``Notwithstanding section 3003 of Public Law 104-66 (31 \nU.S.C. 1113 note; 109 Stat. 734), the''.\n    (b) List of Authorized but Unfunded Studies.--Section 710(a) of the \nWater Resources Development Act of 1986 (33 U.S.C. 2264(a)) is amended \nin the first sentence by striking ``Not'' and inserting \n``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 \nnote; 109 Stat. 734), not''.\n    (c) Reports on Participation of Minority Groups and Minority-Owned \nFirms in Mississippi River-Gulf Outlet Feature.--Section 844(b) of the \nWater Resources Development Act of 1986 (100 Stat. 4177) is amended in \nthe second sentence by striking ``The'' and inserting ``Notwithstanding \nsection 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), \nthe''.\n    (d) List of Authorized but Unfunded Projects.--Section 1001(b)(2) \nof the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) \nis amended in the first sentence by striking ``Every'' and inserting \n``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113 \nnote; 109 Stat. 734), every''.\n\nSEC. 9. AUTHORIZATIONS FOR PROGRAM PREVIOUSLY AND CURRENTLY FUNDED.\n\n    (a) Program Authorization.--The program described in subsection (c) \nis hereby authorized.\n    (b) Authorization of Appropriations.--Funds are hereby authorized \nto be appropriated for the Department of Transportation for the program \nauthorized in subsection (a) in amounts as follows:\n        (1) Fiscal year 2000.--For fiscal year 2000, $10,000,000.\n        (2) Fiscal year 2001.--For fiscal year 2001, $10,000,000.\n        (3) Fiscal year 2002.--For fiscal year 2002, $7,000,000.\n    (c) Applicability.--The program referred to in subsection (a) is \nthe program for which funds appropriated in title I of Public Law 106-\n69 under the heading ``FEDERAL RAILROAD ADMINISTRATION'' are available \nfor obligation upon the enactment of legislation authorizing the \nprogram.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c210","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Gasoline Price Reduction and \nRefinery Tax Fairness Act of 2004''.\n\nSEC. 2. POLICY.\n\n    It is the policy of the United States to take all actions necessary \nin the areas of conservation, efficiency, alternative sources, \ntechnology development, and domestic production to reduce the United \nStates dependence on foreign energy sources by January 1, 2014, to 45 \npercent of the Nation's total energy needs.\n\nSEC. 3. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED.\n\n    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. \n1362) is amended by adding at the end the following:\n            ``(24) Oil and gas exploration and production.--The term \n        `oil and gas exploration, production, processing, or treatment \n        operations or transmission facilities' means all field \n        activities or operations associated with exploration, \n        production, processing, or treatment operations, or \n        transmission facilities, including activities necessary to \n        prepare a site for drilling and for the movement and placement \n        of drilling equipment, whether or not such field activities or \n        operations may be considered to be construction activities.''.\n\nSEC. 4. OFFICE OF FEDERAL ENERGY PROJECT COORDINATION.\n\n    (a) Establishment.--The President shall establish the Office of \nFederal Energy Project Coordination (referred to in this section as the \n``Office'') within the Executive Office of the President in the same \nmanner and with the same mission as the White House Energy Projects \nTask Force established by Executive Order No. 13212 (42 U.S.C. 13201 \nnote).\n    (b) Staffing.--The Office shall be staffed by functional experts \nfrom relevant Federal agencies on a nonreimbursable basis to carry out \nthe mission of the Office.\n    (c) Report.--The Office shall transmit an annual report to Congress \nthat describes the activities put in place to coordinate and expedite \nFederal decisions on energy projects. The report shall list \naccomplishments in improving the Federal decisionmaking process and \nshall include any additional recommendations or systemic changes needed \nto establish a more effective and efficient Federal permitting process.\n\nSEC. 5. FEDERAL ONSHORE OIL AND GAS LEASING AND PERMITTING PRACTICES.\n\n    (a) Review of Onshore Oil and Gas Leasing Practices.--\n            (1) In general.--The Secretary of the Interior, in \n        consultation with the Secretary of Agriculture with respect to \n        National Forest System lands under the jurisdiction of the \n        Department of Agriculture, shall perform an internal review of \n        current Federal onshore oil and gas leasing and permitting \npractices.\n            (2) Inclusions.--The review shall include the process for--\n                    (A) accepting or rejecting offers to lease;\n                    (B) administrative appeals of decisions or orders \n                of officers or employees of the Bureau of Land \n                Management with respect to a Federal oil or gas lease;\n                    (C) considering surface use plans of operation, \n                including the timeframes in which the plans are \n                considered, and any recommendations for improving and \n                expediting the process; and\n                    (D) identifying stipulations to address site-\n                specific concerns and conditions, including those \n                stipulations relating to the environment and resource \n                use conflicts.\n    (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Secretary of the Interior and the Secretary of \nAgriculture shall transmit a report to Congress that describes--\n            (1) actions taken under section 3 of Executive Order No. \n        13212 (42 U.S.C. 13201 note); and\n            (2) actions taken or any plans to improve the Federal \n        onshore oil and gas leasing program.\n\nSEC. 6. MANAGEMENT OF FEDERAL OIL AND GAS LEASING PROGRAMS.\n\n    (a) Timely Action on Leases and Permits.--To ensure timely action \non oil and gas leases and applications for permits to drill on land \notherwise available for leasing, the Secretary of the Interior (in this \nsection referred to as the ``Secretary'') shall--\n            (1) ensure expeditious compliance with section 102(2)(C) of \n        the National Environmental Policy Act of 1969 (42 U.S.C. \n        4332(2)(C));\n            (2) improve consultation and coordination with the States \n        and the public; and\n            (3) improve the collection, storage, and retrieval of \n        information relating to the leasing activities.\n    (b) Best Management Practices.--\n            (1) In general.--Not later than 18 months after the date of \n        enactment of this Act, the Secretary shall develop and \n        implement best management practices to--\n                    (A) improve the administration of the onshore oil \n                and gas leasing program under the Mineral Leasing Act \n                (30 U.S.C. 181 et seq.); and\n                    (B) ensure timely action on oil and gas leases and \n                applications for permits to drill on lands otherwise \n                available for leasing.\n            (2) Considerations.--In developing the best management \n        practices under paragraph (1), the Secretary shall consider any \n        recommendations from the review under section 5.\n            (3) Regulations.--Not later than 180 days after the \n        development of best management practices under paragraph (1), \n        the Secretary shall publish, for public comment, proposed \n        regulations that set forth specific timeframes for processing \n        leases and applications in accordance with the practices, \n        including deadlines for--\n                    (A) approving or disapproving resource management \n                plans and related documents, lease applications, and \n                surface use plans; and\n                    (B) related administrative appeals.\n    (c) Improved Enforcement.--The Secretary shall improve inspection \nand enforcement of oil and gas activities, including enforcement of \nterms and conditions in permits to drill.\n    (d) Authorization of Appropriations.--In addition to amounts \nauthorized to be appropriated to carry out section 17 of the Mineral \nLeasing Act (30 U.S.C. 226), there are authorized to be appropriated to \nthe Secretary for each of fiscal years 2005 through 2008--\n            (1) $40,000,000 to carry out subsections (a) and (b); and\n            (2) $20,000,000 to carry out subsection (c).\n\nSEC. 7. CONSULTATION REGARDING OIL AND GAS LEASING ON PUBLIC LAND.\n\n    (a) In General.--Not later than 180 days after the date of \nenactment of this Act, the Secretary of the Interior and the Secretary \nof Agriculture shall enter into a memorandum of understanding regarding \noil and gas leasing on--\n            (1) public lands under the jurisdiction of the Secretary of \n        the Interior; and\n            (2) National Forest System lands under the jurisdiction of \n        the Secretary of Agriculture.\n    (b) Contents.--The memorandum of understanding shall include \nprovisions that--\n            (1) establish administrative procedures and lines of \n        authority that ensure timely processing of oil and gas lease \n        applications, surface use plans of operation, and applications \n        for permits to drill, including steps for processing surface \n        use plans and applications for permits to drill consistent with \n        the timelines established by the amendment made by section 10;\n            (2) eliminate duplication of effort by providing for \n        coordination of planning and environmental compliance efforts; \n        and\n            (3) ensure that lease stipulations are--\n                    (A) applied consistently;\n                    (B) coordinated between agencies; and\n                    (C) only as restrictive as necessary to protect the \n                resource for which the stipulations are applied.\n    (c) Data Retrieval System.--\n            (1) In general.--Not later than 1 year after the date of \n        enactment of this Act, the Secretary of the Interior and the \n        Secretary of Agriculture shall establish a joint data retrieval \n        system that is capable of--\n                    (A) tracking applications and formal requests made \n                in accordance with procedures of the Federal onshore \n                oil and gas leasing program; and\n                    (B) providing information regarding the status of \n                the applications and requests within the Department of \n                the Interior and the Department of Agriculture.\n            (2) Resource mapping.--Not later than 2 years after the \n        date of enactment of this Act, the Secretary of the Interior \n        and the Secretary of Agriculture shall establish a joint \n        Geographic Information System mapping system for use in--\n                    (A) tracking surface resource values to aid in \n                resource management; and\n                    (B) processing surface use plans of operation and \n                applications for permits to drill.\n\nSEC. 8. ESTIMATES OF OIL AND GAS RESOURCES UNDERLYING ONSHORE FEDERAL \n              LAND.\n\n    (a) Assessment.--Section 604 of the Energy Act of 2000 (42 U.S.C. \n6217) is amended--\n            (1) in subsection (a)--\n                    (A) in paragraph (1)--\n                            (i) by striking ``reserve''; and\n                            (ii) by striking ``and'' after the \n                        semicolon; and\n                    (B) by striking paragraph (2) and inserting the \n                following:\n            ``(2) the extent and nature of any restrictions or \n        impediments to the development of the resources, including--\n                    ``(A) impediments to the timely granting of leases;\n                    ``(B) post-lease restrictions, impediments, or \n                delays on development for conditions of approval, \n                applications for permits to drill, or processing of \n                environmental permits; and\n                    ``(C) permits or restrictions associated with \n                transporting the resources for entry into commerce; and\n            ``(3) the quantity of resources not produced or introduced \n        into commerce because of the restrictions.'';\n            (2) in subsection (b)--\n                    (A) by striking ``reserve'' and inserting \n                ``resource''; and\n                    (B) by striking ``publically'' and inserting \n                ``publicly''; and\n            (3) by striking subsection (d) and inserting the following:\n    ``(d) Assessments.--Using the inventory, the Secretary of Energy \nshall make periodic assessments of economically recoverable resources \naccounting for a range of parameters such as current costs, commodity \nprices, technology, and regulations.''.\n    (b) Methodology.--The Secretary of the Interior shall use the same \nassessment methodology across all geological provinces, areas, and \nregions in preparing and issuing national geological assessments to \nensure accurate comparisons of geological resources.\n\nSEC. 9. COMPLIANCE WITH EXECUTIVE ORDER 13211; ACTIONS CONCERNING \n              REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY, \n              DISTRIBUTION, OR USE.\n\n    (a) Requirement.--The head of each Federal agency shall require \nthat before the Federal agency takes any action that could have a \nsignificant adverse effect on the supply of domestic energy resources \nfrom Federal public land, the Federal agency taking the action shall \ncomply with Executive Order No. 13211 (42 U.S.C. 13201 note).\n    (b) Guidance.--Not later than 180 days after the date of enactment \nof this Act, the Secretary of Energy shall publish guidance for \npurposes of this section describing what constitutes a significant \nadverse effect on the supply of domestic energy resources under \nExecutive Order No. 13211 (42 U.S.C. 13201 note).\n    (c) Memorandum of Understanding.--The Secretary of the Interior and \nthe Secretary of Agriculture shall include in the memorandum of \nunderstanding under section 7 provisions for implementing subsection \n(a) of this section.\n\nSEC. 10. DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR PERMITS.\n\n    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by \nadding at the end the following:\n    ``(p) Deadlines for Consideration of Applications for Permits.--\n            ``(1) In general.--Not later than 10 days after the date on \n        which the Secretary receives an application for any permit to \n        drill, the Secretary shall--\n                    ``(A) notify the applicant that the application is \n                complete; or\n                    ``(B) notify the applicant that information is \n                missing and specify any information that is required to \n                be submitted for the application to be complete.\n            ``(2) Issuance or deferral.--Not later than 30 days after \n        the applicant for a permit has submitted a complete \n        application, the Secretary shall--\n                    ``(A) issue the permit; or\n                    ``(B)(i) defer decision on the permit; and\n                    ``(ii) provide to the applicant a notice that \n                specifies any steps that the applicant could take for \n                the permit to be issued.\n            ``(3) Requirements for deferred applications.--\n                    ``(A) In general.--If the Secretary provides notice \n                under paragraph (2)(B)(ii), the applicant shall have a \n                period of 2 years from the date of receipt of the \n                notice in which to complete all requirements specified \n                by the Secretary, including providing information \n                needed for compliance with the National Environmental \n                Policy Act of 1969 (42 U.S.C. 4321 et seq.).\n                    ``(B) Issuance of decision on permit.--If the \n                applicant completes the requirements within the period \n                specified in subparagraph (A), the Secretary shall \n                issue a decision on the permit not later than 10 days \n                after the date of completion of the requirements \n                described in subparagraph (A).\n                    ``(C) Denial of permit.--If the applicant does not \n                complete the requirements within the period specified \n                in subparagraph (A), the Secretary shall deny the \n                permit.\n    ``(q) Report.--On a quarterly basis, each field office of the \nBureau of Land Management and the Forest Service shall transmit to the \nSecretary of the Interior or the Secretary of Agriculture, \nrespectively, a report that--\n            ``(1) specifies the number of applications for permits to \n        drill received by the field office in the period covered by the \n        report; and\n            ``(2) describes how each of the applications was disposed \n        of by the field office.''.\n\nSEC. 11. ENVIRONMENTAL REGULATIONS.\n\n    In issuing any rule or order relating to gasoline production and \ndistribution, a Federal agency shall include a detailed analysis of the \neffects the rule or order would have on gasoline supply. Each Federal \nagency shall seek to ensure that no such rule or order is issued that \nwill increase United States dependence on foreign sources of oil.\n\nSEC. 12. ACCELERATED DEPRECIATION FOR REFINERY MACHINERY.\n\n    (a) In General.--Subparagraph (B) of section 168(e)(3) of the \nInternal Revenue Code of 1986 (relating to classification of property) \nis amended by striking ``and'' at the end of clause (v), by striking \nthe period at the end of clause (vi) and inserting ``, and'', and by \nadding at the end the following new clause:\n                            ``(vii) any refinery machinery.''.\n    (b) Alternative System.--The table contained in section \n168(g)(3)(B) of such Code is amended by inserting after the item \nrelating to subparagraph (B)(iii) the following new item:\n\n``(B)(vii)..................................................      10''.\n    (c) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2004.\n\nSEC. 13. REFINERY PERMITTING PROCESS.\n\n    Each Federal agency with authority to approve or disapprove actions \naffecting the siting or operation of United States refineries shall, \nwithin 180 days after receiving an application for such approval, \neither provide the approval or notify the applicant of the reasons for \nrejection along with an explanation of what steps would be necessary to \nobtain approval.","title":""}
+{"_id":"c211","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``General Services Administration \nModernization Act''.\n\nSEC. 2. FEDERAL ACQUISITION SERVICE.\n\n    (a) Establishment.--\n        (1) In general.--Section 303 of title 40, United States Code, \n    is amended to read as follows:\n\n``Sec. 303. Federal Acquisition Service\n\n    ``(a) Establishment.--There is established in the General Services \nAdministration a Federal Acquisition Service. The Administrator of \nGeneral Services shall appoint a Commissioner of the Federal \nAcquisition Service, who shall be the head of the Federal Acquisition \nService.\n    ``(b) Functions.--Subject to the direction and control of the \nAdministrator of General Services, the Commissioner of the Federal \nAcquisition Service shall be responsible for carrying out functions \nrelated to the uses for which the Acquisition Services Fund is \nauthorized under section 321 of this title, including any functions \nthat were carried out by the entities known as the Federal Supply \nService and the Federal Technology Service and such other related \nfunctions as the Administrator considers appropriate.\n    ``(c) Regional Executives.--The Administrator may appoint Regional \nExecutives in the Federal Acquisition Service, to carry out such \nfunctions within the Federal Acquisition Service as the Administrator \nconsiders appropriate.''.\n        (2) Clerical amendment.--The item relating to section 303 at \n    the beginning of chapter 3 of such title is amended to read as \n    follows:\n\n``303. Federal Acquisition Service.''.\n\n    (b) Executive Schedule Compensation.--Section 5316 of title 5, \nUnited States Code, is amended by striking ``Commissioner, Federal \nSupply Service, General Services Administration.'' and inserting the \nfollowing:\n        ``Commissioner, Federal Acquisition Service, General Services \n    Administration.''.\n    (c) References.--Any reference in any other Federal law, Executive \norder, rule, regulation, reorganization plan, or delegation of \nauthority, or in any document--\n        (1) to the Federal Supply Service is deemed to refer to the \n    Federal Acquisition Service;\n        (2) to the GSA Federal Technology Service is deemed to refer to \n    the Federal Acquisition Service;\n        (3) to the Commissioner of the Federal Supply Service is deemed \n    to refer to the Commissioner of the Federal Acquisition Service; \n    and\n        (4) to the Commissioner of the GSA Federal Technology Service \n    is deemed to refer to the Commissioner of the Federal Acquisition \n    Service.\n\nSEC. 3. ACQUISITION SERVICES FUND.\n\n    (a) Abolishment of General Supply Fund and Information Technology \nFund.--The General Supply Fund and the Information Technology Fund in \nthe Treasury are hereby abolished.\n    (b) Transfers.--Capital assets and balances remaining in the \nGeneral Supply Fund and the Information Technology Fund as in existence \nimmediately before this section takes effect shall be transferred to \nthe Acquisition Services Fund and shall be merged with and be available \nfor the purposes of the Acquisition Services Fund under section 321 of \ntitle 40, United States Code (as amended by this Act).\n    (c) Assumption of Obligations.--Any liabilities, commitments, and \nobligations of the General Supply Fund and the Information Technology \nFund as in existence immediately before this section takes effect shall \nbe assumed by the Acquisition Services Fund.\n    (d) Existence and Composition of Acquisition Services Fund.--\nSubsections (a) and (b) of section 321 of title 40, United States Code, \nare amended to read as follows:\n    ``(a) Existence.--The Acquisition Services Fund is a special fund \nin the Treasury.\n    ``(b) Composition.--\n        ``(1) In general.--The Fund is composed of amounts authorized \n    to be transferred to the Fund or otherwise made available to the \n    Fund.\n        ``(2) Other credits.--The Fund shall be credited with all \n    reimbursements, advances, and refunds or recoveries relating to \n    personal property or services procured through the Fund, \n    including--\n            ``(A) the net proceeds of disposal of surplus personal \n        property; and\n            ``(B) receipts from carriers and others for loss of, or \n        damage to, personal property; and\n            ``(C) receipts from agencies charged fees pursuant to rates \n        established by the Administrator.\n        ``(3) Cost and capital requirements.--The Administrator shall \n    determine the cost and capital requirements of the Fund for each \n    fiscal year and shall develop a plan concerning such requirements \n    in consultation with the Chief Financial Officer of the General \n    Services Administration. Any change to the cost and capital \n    requirements of the Fund for a fiscal year shall be approved by the \n    Administrator. The Administrator shall establish rates to be \n    charged agencies provided, or to be provided, supply of personal \n    property and non-personal services through the Fund, in accordance \n    with the plan.\n        ``(4) Deposit of fees.--Fees collected by the Administrator \n    under section 313 of this title may be deposited in the Fund to be \n    used for the purposes of the Fund.''.\n    (e) Uses of Fund.--Section 321(c) of such title is amended in \nparagraph (1)(A)--\n        (1) by striking ``and'' at the end of clause (i);\n        (2) by inserting ``and'' after the semicolon at the end of \n    clause (ii); and\n        (3) by inserting after clause (ii) the following new clause:\n                ``(iii) personal services related to the provision of \n            information technology (as defined in section 11101(6) of \n            this title);''.\n    (f) Payment for Property and Services.--Section 321(d)(2)(A) of \nsuch title is amended--\n        (1) by striking ``and'' at the end of clause (iv);\n        (2) by redesignating clause (v) as clause (vi); and\n        (3) by inserting after clause (iv) the following new clause:\n                ``(v) the cost of personal services employed directly \n            in providing information technology (as defined in section \n            11101(6) of this title); and''.\n    (g) Transfer of Uncommitted Balances.--Subsection (f) of section \n321 of such title is amended to read as follows:\n    ``(f) Transfer of Uncommitted Balances.--Following the close of \neach fiscal year, after making provision for a sufficient level of \ninventory of personal property to meet the needs of Federal agencies, \nthe replacement cost of motor vehicles, and other anticipated operating \nneeds reflected in the cost and capital plan developed under subsection \n(b), the uncommitted balance of any funds remaining in the Fund shall \nbe transferred to the general fund of the Treasury as miscellaneous \nreceipts.''.\n    (h) Conforming and Clerical Amendments.--\n        (1) Section 322 of such title is repealed.\n        (2) The heading for section 321 of such title is amended to \n    read as follows:\n\n``Sec. 321. Acquisition Services Fund''.\n\n        (3) The table of sections for chapter 3 of such title is \n    amended by striking the items relating to sections 321 and 322 and \n    inserting the following:\n\n``321. Acquisition Services Fund.''.\n\n        (4) Section 573 of such title is amended by striking ``General \n    Supply Fund'' both places it appears and inserting ``Acquisition \n    Services Fund''.\n        (5) Section 604(b) of such title is amended--\n            (A) in the heading, by striking ``General Supply Fund'' and \n        inserting ``Acquisition Services Fund''; and\n            (B) in the text, by striking ``General Supply Fund'' and \n        inserting ``Acquisition Services Fund''.\n        (6) Section 605 of such title is amended--\n            (A) in subsection (a)--\n                (i) in the heading, by striking ``General Supply Fund'' \n            and inserting ``Acquisition Services Fund''; and\n                (ii) in the text, by striking ``General Supply Fund'' \n            and inserting ``Acquisition Services Fund''; and\n            (B) in subsection (b)(2)--\n                (i) by striking ``321(f)(1)'' and inserting ``321(f)''; \n            and\n                (ii) by striking ``General Supply Fund'' and inserting \n            ``Acquisition Services Fund''.\n\nSEC. 4. PROVISIONS RELATING TO ACQUISITION PERSONNEL.\n\n    Section 37 of the Office of Federal Procurement Policy Act (41 \nU.S.C. 433) is amended by adding at the end the following new \nsubsection:\n    ``(i) Provisions Relating to Reemployment.--\n        ``(1) Policies and procedures.--The head of each executive \n    agency, after consultation with the Administrator and the Director \n    of the Office of Personnel Management, shall establish policies and \n    procedures under which the agency head may reemploy in an \n    acquisition-related position (as described in subsection (g)(1)(A)) \n    an individual receiving an annuity from the Civil Service \n    Retirement and Disability Fund, on the basis of such individual's \n    service, without discontinuing such annuity. The head of each \n    executive agency shall keep the Administrator informed of the \n    agency's use of this authority.\n        ``(2) Service not subject to csrs or fers.--An individual so \n    reemployed shall not be considered an employee for the purposes of \n    chapter 83 or 84 of title 5, United States Code.\n        ``(3) Criteria for exercise of authority.--Polices and \n    procedures established pursuant to this subsection shall authorize \n    the head of the executive agency, on a case-by-case basis, to \n    continue an annuity if--\n            ``(A) the unusually high or unique qualifications of an \n        individual receiving an annuity from the Civil Service \n        Retirement and Disability Fund on the basis of such \n        individual's service,\n            ``(B) the exceptional difficulty in recruiting or retaining \n        a qualified employee, or\n            ``(C) a temporary emergency hiring need,\n    makes the reemployment of an individual essential.\n        ``(4) Reporting requirement.--The Administrator shall submit \n    annually to the Committee on Government Reform of the House of \n    Representatives and the Committee on Homeland Security and \n    Governmental Affairs of the Senate a report on the use of the \n    authority under this subsection, including the number of employees \n    reemployed under authority of this subsection.\n        ``(5) Sunset provision.--The authority under this subsection \n    shall expire on December 31, 2011.''.\n\nSEC. 5. DISPOSAL OF FEDERAL SURPLUS PROPERTY TO HISTORIC LIGHT \n              STATIONS.\n\n    Section 549(c)(3)(B) of title 40, United States Code, is amended--\n        (1) in clause (vii), by striking ``or'' after the semicolon;\n        (2) in clause (viii), by striking the period and inserting ``; \n    or''; and\n        (3) by adding at the end the following:\n                ``(ix) a historic light station as defined under \n            section 308(e)(2) of the National Historic Preservation Act \n            (16 U.S.C. 470w-7(e)(2)), including a historic light \n            station conveyed under subsection (b) of that section, \n            notwithstanding the number of hours that the historic light \n            station is open to the public.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n    This Act and the amendments made by this Act shall take effect 60 \ndays after the date of the enactment of this Act.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c212","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Generating Antibiotic Incentives Now \nAct of 2011''.\n\nSEC. 2. TABLE OF CONTENTS.\n\n    The table of contents of this Act is as follows:\n\nSec. 1. Short title.\nSec. 2. Table of contents.\nSec. 3. Extension of exclusivity period for drugs.\nSec. 4. Additional extension of exclusivity period for qualified \n                            infectious disease products for which a \n                            companion diagnostic test is cleared or \n                            approved.\nSec. 5. Priority review.\nSec. 6. Fast track product.\nSec. 7. Study on incentives for qualified infectious disease biological \n                            products.\nSec. 8. Clinical trials.\n\nSEC. 3. EXTENSION OF EXCLUSIVITY PERIOD FOR DRUGS.\n\n    (a) In General.--The Federal Food, Drug, and Cosmetic Act is \namended by inserting after section 505D (21 U.S.C. 355e) the following:\n\n``SEC. 505E. EXTENSION OF EXCLUSIVITY PERIOD FOR NEW QUALIFIED \n              INFECTIOUS DISEASE PRODUCTS.\n\n    ``(a) Extension.--If, prior to approval of a drug pursuant to an \napplication submitted under section 505(b), the Secretary determines \nthat the drug is a qualified infectious disease product, then the four- \nand five-year periods described in subsections (c)(3)(E)(ii) and \n(j)(5)(F)(ii) of section 505, the three-year periods described in \nclauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and \n(iv) of subsection (j)(5)(F) of section 505, or the seven-year period \ndescribed in section 527, as applicable, shall be extended by five \nyears.\n    ``(b) Relation to Pediatric Exclusivity.--Any extension under \nsubsection (a) of a period shall be in addition to any extension of the \nperiod under section 505A with respect to the drug.\n    ``(c) Limitations.--Subsection (a) does not apply to the approval \nof--\n            ``(1) a supplement to an application under section 505(b) \n        for any qualified infectious disease product for which an \n        extension described in subsection (a) is in effect or has \n        expired; or\n            ``(2) a subsequent application filed by the same sponsor or \n        manufacturer of a qualified infectious disease product \n        described in paragraph (1) (or a licensor, predecessor in \n        interest, or other related entity) for--\n                    ``(A) a change (not including a modification to the \n                structure of the qualified infectious disease product) \n                that results in a new indication, route of \n                administration, dosing schedule, dosage form, delivery \n                system, delivery device, or strength; or\n                    ``(B) a modification to the structure of the \n                qualified infectious disease product that does not \n                result in a change in safety or effectiveness.\n    ``(d) Determination.--The manufacturer or sponsor of a drug may \nrequest the Secretary to designate a drug as a qualified infectious \ndisease product. Such a request for designation shall be made at least \n45 days before the submission of an application under section 505(b) \nfor such drug. The Secretary shall, not later than 30 days after the \nsubmission of such request, determine whether the drug is a qualified \ninfectious disease product.\n    ``(e) Regulations.--The Secretary shall promulgate regulations for \ncarrying out this section. The Secretary shall promulgate the initial \nregulations for carrying out this section not later than 12 months \nafter the date of the enactment of this section.\n    ``(f) Definitions.--In this section:\n            ``(1) Qualified infectious disease product.--The term \n        `qualified infectious disease product' means an antibiotic drug \n        for treating, detecting, preventing, or identifying a \n        qualifying pathogen.\n            ``(2) Qualifying pathogen.--The term `qualifying pathogen' \n        means--\n                    ``(A) resistant gram positive pathogens, including \n                methicillin-resistant Staphylococcus aureus (MRSA), \n                vancomycin-resistant Staphylococcus aureus (VRSA), and \n                vancomycin-resistant enterococcus (VRE);\n                    ``(B) multi-drug resistant gram negative bacteria, \n                including Acinetobacter, Klebsiella, Pseudomonas, and \n                E. coli species;\n                    ``(C) multi-drug resistant tuberculosis; or\n                    ``(D) any other infectious pathogen identified for \n                purposes of this section by the Secretary.''.\n    (b) Application.--Section 505E of the Federal Food, Drug, and \nCosmetic Act, as added by subsection (a), applies only with respect to \na drug that is first approved under section 505(c) of such Act (21 \nU.S.C. 355(c)) on or after the date of the enactment of this Act.\n\nSEC. 4. ADDITIONAL EXTENSION OF EXCLUSIVITY PERIOD FOR QUALIFIED \n              INFECTIOUS DISEASE PRODUCTS FOR WHICH A COMPANION \n              DIAGNOSTIC TEST IS CLEARED OR APPROVED.\n\n    The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), \nas amended by section 3, is further amended by inserting after section \n505E the following:\n\n``SEC. 505E-1. ADDITIONAL EXTENSION OF EXCLUSIVITY FOR QUALIFIED \n              INFECTIOUS DISEASE PRODUCTS FOR WHICH A COMPANION \n              DIAGNOSTIC TEST IS CLEARED OR APPROVED.\n\n    ``(a) In General.--If the sponsor or manufacturer of a qualified \ninfectious disease product identifies in accordance with subsection (b) \na companion diagnostic test described in subsection (c), any period \nextended under section 505E(a) with respect to such product shall be \nfurther extended by 6 months.\n    ``(b) Identification Requirements.--For purposes of subsection (a), \nthe identification of a companion diagnostic test shall--\n            ``(1) be made in such manner as the Secretary may require; \n        and\n            ``(2) occur before the expiration of the period to be \n        extended under subsection (a), not counting any extension to \n        such period under section 505E(a) or 505A.\n    ``(c) Companion Diagnostic Test.--For purposes of subsection (a), a \ndevice is a companion diagnostic test with respect to a qualified \ninfectious disease product if each of the following is met:\n            ``(1) The device is determined by the Secretary under \n        subsection (f) to be a test for diagnosis of a qualifying \n        pathogen.\n            ``(2) The qualified infectious disease product has been \n        determined under section 505E(d) to be for treating, detecting, \n        preventing, or identifying such qualifying pathogen.\n            ``(3) The device is cleared under section 510(k) or \n        approved under section 515.\n            ``(4) The sponsor or manufacturer, as applicable, of the \n        qualified infectious disease product has the exclusive rights \n        to submit an identification under subsection (a) with respect \n        to the device.\n    ``(d) Relation to Pediatric Exclusivity.--Any extension under \nsubsection (a) of a period with respect to a qualified infectious \ndisease product shall be in addition to any extension of the period \nunder section 505A of this Act with respect to the product.\n    ``(e) Limitations.--After the extension of any period under \nsubsection (a) with respect to a qualified infectious disease product \npursuant to the identification of a device as a companion diagnostic \ntest, subsection (a) does not authorize--\n            ``(1) any subsequent extension with respect to such \n        product; or\n            ``(2) any extension with respect to any other product \n        pursuant to identification of such device.\n    ``(f) Determination.--The sponsor or manufacturer of a drug may \nrequest the Secretary to determine that a device is a test for \ndiagnosis of a qualifying pathogen. Such a request shall be made at \nleast 45 days before the submission of a notification under section \n510(k) or an application under section 515 for such device. The \nSecretary shall, not later than 30 days after the submission of such \nrequest, determine whether the device is a test for diagnosis of a \nqualifying pathogen.\n    ``(g) Definitions.--In this section:\n            ``(1) The term `qualified infectious disease product' means \n        a drug that is determined to be a qualified infectious disease \n        product under section 505E.\n            ``(2) The term `qualifying pathogen' has the meaning given \n        to such term in section 505E.''.\n\nSEC. 5. PRIORITY REVIEW.\n\n    (a) Amendment.--Chapter V of the Federal Food, Drug, and Cosmetic \nAct is amended by inserting after section 524 (21 U.S.C. 360n) the \nfollowing:\n\n``SEC. 524A. PRIORITY REVIEW FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS.\n\n    ``(a) In General.--If the Secretary makes a determination under \nsection 505E(c) that a drug is a qualified infectious disease product, \nthen the Secretary shall give priority review to any application \nsubmitted for approval for such drug under section 505(b).\n    ``(b) Definition.--In this section, the term `priority review', \nwith respect to an application described in subsection (a), means \nreview and action by the Secretary on such application not later than 6 \nmonths after receipt by the Secretary of such application.''.\n    (b) Application.--Section 524A of the Federal Food, Drug, and \nCosmetic Act, as added by subsection (a), applies only with respect to \nan application that is submitted under section 505(b) (21 U.S.C. \n355(b)) on or after the date of the enactment of this Act.\n\nSEC. 6. FAST TRACK PRODUCT.\n\n    Paragraph (1) of section 506(a) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 356(a)) is amended by inserting after ``if it \nis intended for the treatment of a serious or life-threatening \ncondition and it demonstrates the potential to address unmet medical \nneeds for such a condition'' the following: ``or if the Secretary \ndetermines under section 505E that the drug is a qualified infectious \ndisease product''.\n\nSEC. 7. STUDY ON INCENTIVES FOR QUALIFIED INFECTIOUS DISEASE BIOLOGICAL \n              PRODUCTS.\n\n    (a) In General.--The Comptroller General of the United States \nshall--\n            (1) conduct a study on the need for incentives to encourage \n        the research, development, and marketing of qualified \n        infectious disease biological products; and\n            (2) not later than 1 year after the date of the enactment \n        of this Act, submit a report to the Congress on the results of \n        such study, including any recommendations of the Comptroller \n        General on appropriate incentives for addressing such need.\n    (b) Definitions.--In this section:\n            (1) The term ``biological product'' has the meaning given \n        to such term in section 351 of the Public Health Service Act \n        (42 U.S.C. 262).\n            (2) The term ``qualified infectious disease biological \n        product'' means a biological product for treating, detecting, \n        preventing, or identifying a qualifying pathogen.\n            (3) The term ``qualifying pathogen'' has the meaning given \n        to such term in section 505E of the Federal Food, Drug, and \n        Cosmetic Act, as added by section 3 of this Act.\n\nSEC. 8. CLINICAL TRIALS.\n\n    (a) Review and Revision of Guidelines.--\n            (1) In general.--Not later than 1 year after the date of \n        the enactment of this Act, and not later than 4 years \n        thereafter, the Secretary shall--\n                    (A) review the guidelines of the Food and Drug \n                Administration for the conduct of clinical trials with \n                respect to antibiotic drugs; and\n                    (B) as appropriate, revise such guidelines to \n                reflect developments in scientific and medical \n                information and technology and to ensure clarity \n                regarding the procedures and requirements for approval \n                of an antibiotic drug under chapter V of the Federal \n                Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.).\n            (2) Issues for review.--At a minimum, the review under \n        paragraph (1) shall address the appropriate animal models of \n        infection, in vitro techniques, valid micro-biological \n        surrogate markers, the use of non-inferiority versus \n        superiority trials, and appropriate delta values for non-\n        inferiority trials.\n            (3) Rule of construction.--Except to the extent to which \n        the Secretary of Health and Human Services makes revisions \n        under paragraph (1)(B), nothing in this section shall be \n        construed to repeal or otherwise affect the guidelines of the \n        Food and Drug Administration.\n    (b) Recommendations for Investigations.--\n            (1) Request.--The sponsor of a drug intended to be used to \n        treat, detect, prevent, or identify a qualifying pathogen may \n        request that the Secretary provide written recommendations for \n        nonclinical and clinical investigations which may be conducted \n        with the drug before it may be approved for such use under \n        section 505 of the Federal Food, Drug, and Cosmetic Act (21 \n        U.S.C. 355).\n            (2) Recommendations.--If the Secretary has reason to \n        believe that a drug for which a request is made under this \n        subsection is a qualified infections disease product, the \n        Secretary shall provide the person making the request written \n        recommendations for the nonclinical and clinical investigations \n        which the Secretary believes, on the basis of information \n        available to the Secretary at the time of the request, would be \n        necessary for approval under section 505 of the Federal Food, \n        Drug, and Cosmetic Act (21 U.S.C. 355) of such drug for the use \n        described in paragraph (1).\n    (c) Definitions.--In this section:\n            (1) The term ``drug'' has the meaning given to such term in \n        section 201 of the Federal Food, Drug, and Cosmetic Act (21 \n        U.S.C. 321).\n            (2) The term ``qualifying pathogen'' has the meaning given \n        to such term in section 505E of the Federal Food, Drug, and \n        Cosmetic Act, as added by section 3 of this Act.\n            (3) The term ``Secretary'' means the Secretary of Health \n        and Human Services, acting through the Commissioner of Food and \n        Drugs.","title":""}
+{"_id":"c213","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Global Investments in America's \nCities Act''.\n\nSEC. 2. MODIFICATION OF EB-5 VISA PROGRAM.\n\n    Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. \n1153(b)(5)) is amended by adding at the end the following:\n                    ``(E) Set-aside for economically distressed urban \n                areas.--\n                            ``(i) In general.--Not less than 3,000 of \n                        the visas made available under this paragraph \n                        in each fiscal year shall be reserved for \n                        qualified immigrants seeking to invest in a new \n                        commercial enterprise described in subparagraph \n                        (A) which will create employment in an \n                        economically distressed urban area and--\n                                    ``(I) with respect to which such \n                                alien or a relative of that alien has \n                                invested or, is actively in the process \n                                of investing, in that new enterprise, \n                                capital in an amount not less than the \n                                amount specified in clause (ii);\n                                    ``(II) with respect to which such \n                                alien has completed an investment \n                                agreement with a qualified venture \n                                capital operating company for an \n                                investment in that new enterprise of an \n                                amount not less than the amount \n                                specified in clause (ii); or\n                                    ``(III) with respect to which such \n                                alien has completed an investment \n                                agreement with one or more angel \n                                investors for an investment in that new \n                                enterprise of an amount not less than \n                                the amount specified in clause (ii).\n                            ``(ii) Capital amount required.--The amount \n                        of capital specified in this clause is \n                        $250,000. To account for inflation, the \n                        Secretary of Homeland Security may by rule \n                        adjust the amount of capital specified in this \n                        clause.\n                            ``(iii) Definitions.--In this subparagraph:\n                                    ``(I) Angel investor.--The term \n                                `angel investor' means, with respect to \n                                a qualified immigrant, an individual \n                                who--\n                                            ``(aa) is an accredited \n                                        investor (as defined in section \n                                        230.501(a) of title 17, Code of \n                                        Federal Regulations (as in \n                                        effect on April 1, 2010));\n                                            ``(bb) is a United States \n                                        citizen or an alien lawfully \n                                        admitted to the United States \n                                        for permanent residence; and\n                                            ``(cc) has made at least 2 \n                                        equity investments of not less \n                                        than $50,000 in each of the 3 \n                                        years before the date of a \n                                        petition by the qualified \n                                        immigrant for classification \n                                        under this paragraph.\n                                    ``(II) Economically distressed \n                                urban area.--The term `economically \n                                distressed urban area' means, at the \n                                time a petition for classification \n                                under this paragraph is filed the \n                                following:\n                                            ``(aa) A city that has an \n                                        average unemployment rate of \n                                        not less than 150 percent of \n                                        the national average rate for \n                                        the preceding year.\n                                            ``(bb) Any principal city \n                                        for a Metropolitan Statistical \n                                        Area, as defined by the Office \n                                        of Management and Budget.\n                                    ``(III) Qualified venture capital \n                                operating company.--The term `qualified \n                                venture capital operating company' \n                                means an entity that--\n                                            ``(aa) is registered under \n                                        the Investment Company Act of \n                                        1940 (15 U.S.C. 80a-1 et seq.); \n                                        or\n                                            ``(bb) is an investment \n                                        company, as defined in \n                                        subsection (a)(1) of section 3 \n                                        of such Act (15 U.S.C. 80a-3), \n                                        that is exempt from \n                                        registration under subsection \n                                        (c)(1) or (c)(7) of such \n                                        section, and is not registered.\n                                    ``(IV) Relative.--The term \n                                `relative' means, with respect to a \n                                qualified immigrant--\n                                            ``(aa) a spouse;\n                                            ``(bb) a sibling;\n                                            ``(cc) a child;\n                                            ``(dd) a parent;\n                                            ``(ee) an aunt or uncle;\n                                            ``(ff) a first cousin; or\n                                            ``(gg) a grandparent.''.\n\nSEC. 3. EXPEDITED PROCESSING FOR CERTAIN EB-5 INVESTORS.\n\n    Section 286(u) of the Immigration and Nationality Act (8 U.S.C. \n1356(u)) is amended by adding at the end the following: ``In the case \nof a petition filed under section 204(a)(1)(H) for classification under \nsection 203(b)(5)(E), the petitioner shall be guaranteed of a decision \non the petition in 60 days or less.''.\n\nSEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.\n\n    (a) In General.--Not later than 2 years after the date of the \nenactment of this Act, the Comptroller General of the United States \nshall submit a report to Congress on the EB-5 Visa Program authorized \nunder section 203(b)(5) of the Immigration and Nationality Act (8 \nU.S.C. 1153(b)(5)).\n    (b) Contents.--The report described in subsection (a) shall include \ninformation regarding--\n            (1) the number of immigrant entrepreneurs who have received \n        a visa under such visa program, listed by country of origin;\n            (2) the localities in which such immigrant entrepreneurs \n        have initially settled;\n            (3) whether such immigrant entrepreneurs generally remain \n        in the localities in which they initially settle;\n            (4) the types of commercial enterprises that such immigrant \n        entrepreneurs have established; and\n            (5) the types and number of jobs created by such immigrant \n        entrepreneurs.","title":""}
+{"_id":"c214","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Gold King Accountability and \nCompensation for Taxpayers'' or the ``Gold King ACT''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) on August 5, 2015, the Environmental Protection Agency \n        caused the release of approximately 3,000,000 gallons of \n        contaminated water from the Gold King Mine into Cement Creek;\n            (2) the Environmental Protection Agency takes full \n        responsibility for the Gold King Mine spill;\n            (3) the peer reviewer of the Corps of Engineers to the \n        report of the Department of the Interior relating to the Gold \n        King Mine spill expressed concerns about the independent nature \n        of the report and the internal communications and decisions of \n        the Environmental Protection Agency relating to the spill;\n            (4) the Environmental Protection Agency should be held to \n        the same standards as the private sector would be if the \n        private sector caused a similar spill;\n            (5) the Environmental Protection Agency should hold \n        accountable those individuals responsible for the Gold King \n        Mine spill; and\n            (6) since response activities took place after October 31, \n        2015, the Environmental Protection Agency should reimburse \n        requests for response activity expenses incurred after that \n        date.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Administrator.--The term ``Administrator'' means the \n        Administrator of the Environmental Protection Agency.\n            (2) Gold king mine spill.--The term ``Gold King Mine \n        spill'' means the discharge on August 5, 2015, of approximately \n        3,000,000 gallons of contaminated water from the Gold King Mine \n        north of Silverton, Colorado, into Cement Creek that occurred \n        while contractors of the Environmental Protection Agency were \n        conducting an investigation of the Gold King Mine.\n            (3) Independent contractor.--The term ``independent \n        contractor'' means any person, as of August 5, 2015, that--\n                    (A) entered into a contract with a Federal agency \n                (as defined in section 2671 of title 28, United States \n                Code) for goods or services relating to the Gold King \n                Mine spill; and\n                    (B) was not an employee of the Government (as \n                defined in section 2671 of title 28, United States \n                Code).\n            (4) Injured person.--The term ``injured person'' means a \n        person that--\n                    (A) suffered injury resulting from the Gold King \n                Mine spill; and\n                    (B) is--\n                            (i) an individual;\n                            (ii) an Indian tribe, tribal corporation, \n                        or other tribal organization;\n                            (iii) a corporation, business, partnership, \n                        company, association, insurer, county, \n                        township, city, State or political subdivision \n                        of a State, school district, ditch company, \n                        special district, water district, water \n                        company, the Animas-La Plata Operation, \n                        Maintenance and Replacement Association, or \n                        other non-Federal entity; or\n                            (iv) a legal representative of an \n                        individual or entity described in any of \n                        clauses (i) through (iii).\n            (5) Injury.--The term ``injury'' means any damage to, or \n        loss of, property, or a personal injury or death, caused by a \n        negligent or wrongful act or omission of a Federal officer, \n        employee, contractor, or subcontractor while acting within the \n        scope of office, employment, or contract, under circumstances \n        in which the Federal officer, employee, contractor, or \n        subcontractor, if a private person, would be liable to the \n        claimant in accordance with the law of the jurisdiction in \n        which the act or omission occurred.\n\nSEC. 4. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE FEDERAL TORT CLAIMS \n              ACT.\n\n    (a) Responsibilities of the Administrator.--\n            (1) In general.--An injured person may bring a claim \n        arising out of, or relating to, any injury resulting from the \n        Gold King Mine spill under chapter 171 of title 28, United \n        States Code (commonly known as the ``Federal Tort Claims Act'') \n        and the Administrator shall receive, process, and pay those \n        claims in accordance with this section.\n            (2) Timing.--\n                    (A) In general.--Notwithstanding section 2675(a) of \n                title 28, United States Code, not later than 90 days \n                after the date on which an injured person submits to \n                the Administrator a claim under this section, the \n                Administrator shall award or deny the payment of the \n                claim.\n                    (B) Partially paid claims.--In the case of a claim \n                for which, as of the date of enactment of this Act, the \n                Administrator has partially awarded payment to an \n                injured person, the Administrator shall award the \n                remaining payment not later than 60 days after that \n                date of enactment.\n                    (C) Previously filed claims.--In the case of a \n                claim for which, as of the date of enactment of this \n                Act, not fewer than 90 days have passed since the date \n                on which an injured person submitted to the \n                Administrator a claim under this section, not later \n                than 60 days after that date of enactment, the \n                Administrator shall award or deny payment of the claim.\n    (b) Applicability of Other Law.--\n            (1) Applicability of exception.--Section 2680(a) of title \n        28, United States Code, shall not apply to claims brought under \n        this section.\n            (2) Independent contractors.--For purposes of a claim \n        brought under this section, the definition of the term \n        ``Federal agency'' under section 2671 of title 28, United \n        States Code, shall be considered to include an independent \n        contractor.\n    (c) Allowable Damages.--\n            (1) Property loss.--A claim that is paid for loss of \n        property under this section may include otherwise-uncompensated \n        damages resulting from the Gold King Mine spill for--\n                    (A) a cost resulting from lost tribal or nontribal \n                subsistence from hunting, fishing, firewood gathering, \n                timbering, grazing, or agricultural activities, or from \n                lost use for traditional or ceremonial uses, conducted \n                on land or water damaged by the Gold King Mine spill;\n                    (B) a cost of reforestation or revegetation on \n                tribal or non-Federal land, to the extent that the cost \n                of reforestation or revegetation is not covered by any \n                other Federal program;\n                    (C) any costs borne by any injured person to \n                determine the extent of--\n                            (i) the damages to agricultural land; or\n                            (ii) any other damages covered by this Act;\n                    (D) any costs borne by an injured person to pay for \n                water supplies or equipment to treat water during the \n                period for which a water supply of the injured person \n                was compromised by the Gold King Mine spill; and\n                    (E) any other loss that the Administrator \n                determines to be appropriate for inclusion as loss of \n                property.\n            (2) Business loss.--A claim that is paid for an injury \n        under this section may include damages resulting from the Gold \n        King Mine spill for the following types of otherwise-\n        uncompensated business loss:\n                    (A) Damage to tangible assets or inventory.\n                    (B) Lost business income.\n                    (C) Overhead costs.\n                    (D) Employee wages for work not performed.\n                    (E) Any other loss that the Administrator \n                determines to be appropriate for inclusion as a \n                business loss.\n            (3) Financial loss.--A claim that is paid for an injury \n        under this section may include damages resulting from the Gold \n        King Mine spill for the following types of otherwise-\n        uncompensated financial loss:\n                    (A) An insurance deductible.\n                    (B) Lost wages or personal income.\n                    (C) Emergency staffing expenses.\n                    (D) Debris removal and other cleanup costs.\n                    (E) Any other loss that the Administrator \n                determines to be appropriate for inclusion as a \n                financial loss.\n    (d) Recoupment for Improper Payments.--Notwithstanding any other \nprovision of law, during the 13-year period beginning on the date on \nwhich a claim is awarded under this section, the Administrator may take \nsuch action as is necessary to recover payments made under this section \nwith respect to fraudulent claims and claims made with inaccurate \ninformation.\n    (e) Source of Payments.--\n            (1) In general.--Any compensation or award against the \n        Government made pursuant to a claim under this section shall be \n        paid by the Administrator from unobligated balances in the \n        appropriations accounts of the Environmental Protection Agency.\n            (2) Intent of congress.--It is the intent of Congress that \n        no additional funds be appropriated to carry out this Act.\n\nSEC. 5. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE COMPREHENSIVE \n              ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT.\n\n    (a) In General.--The Administrator shall, consistent with the \nnational contingency plan, receive, process, and pay under the \nComprehensive Environmental Response, Compensation, and Liability Act \nof 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine \nspill.\n    (b) Eligible Claims.--The Administrator shall receive, process, and \npay under the Comprehensive Environmental Response, Compensation, and \nLiability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the \nGold King Mine spill that otherwise would be ineligible under that Act \nor the national contingency plan if the response action carried out by \nthe claimant is not inconsistent with the national contingency plan as \ndescribed in section 107 of that Act (42 U.S.C. 9607).\n    (c) Timing.--\n            (1) In general.--Not later than 90 days after the date on \n        which an injured person submits to the Administrator a claim \n        under this section, the Administrator shall award or deny the \n        payment of the claim.\n            (2) Partially paid claims.--In the case of a claim for \n        which, as of the date of enactment of this Act, the \n        Administrator has partially awarded payment to an injured \n        person, the Administrator shall award the remaining payment not \n        later than 60 days after that date of enactment.\n            (3) Previously filed claims.--In the case of a claim for \n        which, as of the date of enactment of this Act, not fewer than \n        90 days have passed since the date on which an injured person \n        submitted to the Administrator a claim under this section, not \n        later than 60 days after that date of enactment, the \n        Administrator shall award or deny payment of the claim.\n\nSEC. 6. EFFECT OF ACT; REDUCTION IN PAYMENT.\n\n    (a) Effect of Act.--This Act does not diminish the ability of the \nAdministrator to carry out the responsibilities of the Administrator \nunder any other provision of law.\n    (b) Reduction in Payment.--To prevent a claimant from receiving \ntwice the damage award for the same injury or claim--\n            (1) any compensation or award against the Government under \n        section 4 shall be deducted from any payment awarded against \n        the Government under section 5; and\n            (2) any compensation or award against the Government under \n        section 5 shall be deducted from any payment awarded against \n        the Government under section 4.\n\nSEC. 7. WATER QUALITY PROGRAM.\n\n    (a) In General.--In response to the Gold King Mine spill, the \nAdministrator, in coordination with affected States and Indian tribes, \nshall develop and implement a program for long-term water quality \nmonitoring of the Animas River.\n    (b) Requirements.--In carrying out the program described in \nsubsection (a), the Administrator shall--\n            (1) collect water quality samples and sediment data;\n            (2) provide the public with a means of viewing the samples \n        and data referred to in paragraph (1) by, at a minimum, posting \n        the information on the website of the Administrator;\n            (3) take any other relevant measure necessary to assist \n        affected States and Indian tribes with long-term water \n        monitoring; and\n            (4) carry out additional program activities, as determined \n        by the Administrator.","title":""}
+{"_id":"c215","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Government Excess Prevention Act of \n2011''.\n\nSEC. 2. LIMITATION ON GOVERNMENT PRINTING COSTS.\n\n    Not later than 180 days after the date of enactment of this Act, \nthe Director of the Office of Management and Budget shall coordinate \nwith the heads of Federal departments and independent agencies to--\n            (1) determine which Government publications could be \n        available on Government websites and no longer printed and to \n        devise a strategy to reduce overall Government printing costs \n        over the 10-year period beginning with fiscal year 2012, except \n        that the Director shall ensure that essential printed documents \n        prepared for Social Security recipients, Medicare \n        beneficiaries, and other populations in areas with limited \n        Internet access or use continue to remain available;\n            (2) establish government-wide Federal guidelines on \n        employee printing;\n            (3) issue on the Office of Management and Budget's public \n        website the results of a cost-benefit analysis on implementing \n        a digital signature system and on establishing employee \n        printing identification systems, such as the use of individual \n        employee cards or codes, to monitor the amount of printing done \n        by Federal employees; except that the Director of the Office of \n        Management and Budget shall ensure that Federal employee \n        printing costs unrelated to national defense, homeland \n        security, border security, national disasters, and other \n        emergencies do not exceed $860,000,000 annually; and\n            (4) issue guidelines requiring every department, agency, \n        commission, or office to list at a prominent place near the \n        beginning of each publication distributed to the public and \n        issued or paid for by the Federal Government--\n                    (A) the name of the issuing agency, department, \n                commission, or office;\n                    (B) the total number of copies of the document \n                printed;\n                    (C) the collective cost of producing and printing \n                all of the copies of the document; and\n                    (D) the name of the firm publishing the document.\n\nSEC. 3. LIMITATION OF GOVERNMENT TRAVEL COSTS.\n\n    (a) In General.--Notwithstanding any other provision of law, the \ntotal amount which is paid or reimbursed by an agency under subchapter \nI of chapter 57 of title 5, United States Code (relating to travel and \nsubsistence expenses; mileage allowances for official travel by Federal \nemployees) may not, for any of the 5 fiscal years beginning after the \ndate of enactment of this Act, exceed 50 percent of the total amount so \npaid or reimbursed by such agency for the fiscal year in which such \ndate of enactment occurs.\n    (b) Exceptions.--For purposes of carrying out subsection (a), there \nshall not be taken into account the amounts paid or reimbursed for--\n            (1) any subsistence or travel expenses for threatened law \n        enforcement personnel, as described in section 5706a of title \n        5, United States Code; or\n            (2) any other expenses for which an exception is \n        established under subsection (c) for reasons relating to \n        national security or public safety.\n    (c) Regulations.--Any regulations necessary to carry out this \nsection shall, in consultation with the Director of the Office of \nManagement and Budget, be prescribed by the same respective authorities \nas are responsible for prescribing regulations under section 5707 of \ntitle 5, United States Code.\n\nSEC. 4. REDUCTION IN FEDERAL VEHICLE COSTS.\n\n    Notwithstanding any other provision of law--\n            (1) of the amounts made available to the General Services \n        Administration for the acquisition of new vehicles for the \n        Federal fleet for fiscal year 2011 and remaining unobligated as \n        of the date of enactment of this Act, an amount equal to 20 \n        percent of all such amounts is rescinded;\n            (2) for fiscal year 2012 and each fiscal year thereafter--\n                    (A) the amount made available to the General \n                Services Administration for the acquisition of new \n                vehicles for the Federal fleet shall not exceed an \n                amount equal to 80 percent of the amount made available \n                for the acquisition of those vehicles for fiscal year \n                2011 (before application of paragraph (1)); and\n                    (B) the number of new vehicles acquired by the \n                General Services Administration for the Federal fleet \n                shall not exceed a number equal to 50 percent of the \n                vehicles so acquired for fiscal year 2011; and\n            (3) any amounts made available under the American Recovery \n        and Reinvestment Act of 2009 (Public Law 111-5) for the \n        acquisition of new vehicles for the Federal fleet shall be \n        disregarded for purposes of determining the baseline.","title":""}
+{"_id":"c216","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Greater Access to Affordable \nPharmaceuticals Act'' or the ``GAAP Act of 2000''.\n\nSEC. 2. NEW DRUG APPLICATIONS.\n\n    (a) Limitations on the Use of Patents To Prevent Approval of \nAbbreviated New Drug Applications.--Section 505(b)(2) of the Federal \nFood, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended--\n            (1) in subparagraph (A)--\n                    (A) in the matter preceding clause (i), by striking \n                ``the drug for which such investigations were conducted \n                or which claims a use for such drug for which the \n                applicant is seeking approval under this subsection'' \n                and inserting ``an active ingredient of the drug for \n                which such investigations were conducted, alone or in \n                combination with another active ingredient or which \n                claims the first approved use for such drug for which \n                the applicant is seeking approval under this \n                subsection''; and\n                    (B) in clause (iv), by striking ``; and'' and \n                inserting a period;\n            (2) in the matter preceding subparagraph (A), by striking \n        ``shall also include--'' and all that follows through ``a \n        certification'' and inserting ``shall also include a \n        certification'';\n            (3) by striking subparagraph (B); and\n            (4) by redesignating clauses (i) through (iv) as \n        subparagraphs (A) through (D), respectively, and aligning the \n        margins of the subparagraphs with the margins of subparagraph \n        (A) of section 505(c)(1) of that Act (21 U.S.C. 355(c)(1)).\n    (b) Abbreviated New Drug Applications.--Section 505(j)(2)(A) of the \nFederal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is \namended--\n            (1) in clause (vi), by striking the semicolon and inserting \n        ``; and''; and\n            (2) in clause (vii)--\n                    (A) in the matter preceding subclause (I), by \n                striking ``the listed drug referred to in clause (i) or \n                which claims a use for such listed drug for which the \n                applicant is seeking approval under this subsection'' \n                and inserting ``an active ingredient of the listed drug \n                referred to in clause (i), alone or in combination with \n                another active ingredient or which claims the first \n                approved use for such drug for which the applicant is \n                seeking approval under this subsection'';\n                    (B) in subclause (IV), by striking ``; and'' and \n                inserting a period; and\n                    (C) by striking clause (viii).\n    (c) Effective Date.--The amendments made by this section shall only \nbe effective with respect to a listed drug for which no certification \npursuant to section 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug, \nCosmetic Act was made prior to the date of enactment of this Act.\n\nSEC. 3. CITIZEN PETITION REVIEW.\n\n    Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 \nU.S.C. 355(j)(5)) is amended--\n            (1) by redesignating subparagraphs (C) and (D) as \n        subparagraphs (D) and (E), respectively; and\n            (2) by inserting after subparagraph (B) the following:\n    ``(C) Notwithstanding any other provision of law, the submission of \na citizen's petition filed pursuant to section 10.30 of title 21, Code \nof Federal Regulations, with respect to an application submitted under \nparagraph (2)(A), shall not cause the Secretary to delay review and \napproval of such application, unless such petition demonstrates through \nsubstantial scientific proof that approval of such application would \npose a threat to public health and safety.''.\n\nSEC. 4. BIOEQUIVALENCE TESTING METHODS.\n\n    Section 505(j)(8)(B) of the Federal Food, Drug, and Cosmetic Act \n(21 U.S.C. 355(j)(8)(B)) is amended--\n            (1) in clause (i), by striking ``or'' at the end;\n            (2) in clause (ii), by striking the period and inserting \n        ``; or''; and\n            (3) by adding at the end the following:\n                    ``(iii) the effects of the drug and the listed drug \n                do not show a significant difference based on tests \n                (other than tests that assess rate and extent of \n                absorption), including comparative pharmacodynamic \n                studies, limited confirmation studies, or in vitro \n                methods, that demonstrate that no significant \n                differences in therapeutic effects of active or \n                inactive ingredients are expected.''.\n\nSEC. 5. ACCELERATED GENERIC DRUG COMPETITION.\n\n    (a) In General.--Section 505(j)(5) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 355(j)(5)) is amended--\n            (1) in subparagraph (B)(iv), by striking subclause (II) and \n        inserting the following:\n                    ``(II) the date of a final decision of a court in \n                an action described in clause (ii) from which no appeal \n                can or has been taken, or the date of a settlement \n                order or consent decree signed by a Federal judge, that \n                enters a final judgement, and includes a finding that \n                the relevant patents that are the subject of the \n                certification involved are invalid or not infringed, \n                whichever is earlier,'';\n            (2) by redesignating subparagraphs (C) and (D) as \n        subparagraphs (D) and (E), respectively; and\n            (3) by inserting after subparagraph (B), the following:\n    ``(C) The one-hundred and eighty day period described in \nsubparagraph (B)(iv) shall become available to the next applicant \nsubmitting an application containing a certification described in \nparagraph (2)(A)(vii)(IV) if the previous applicant fails to commence \ncommercial marketing of its drug product once its application is made \neffective, withdraws its application, or amends the certification from \na certification under subclause (IV) to a certification under subclause \n(III) of such paragraph, either voluntarily or as a result of a \nsettlement or defeat in patent litigation.''.\n    (b) Effective Date.--The amendments made by this section shall only \nbe effective with respect to an application filed under section 505(j) \nof the Federal Food, Drug, Cosmetic Act for a listed drug for which no \ncertification pursuant to 505(j)(2)(A)(vii)(IV) of such Act was made \nprior to the date of enactment of this Act.\n\nSEC. 6. SENSE OF CONGRESS.\n\n    It is the sense of Congress that measures should be taken to \neffectuate the purpose of the Drug Price Competition and Patent Term \nRestoration Act of 1984 (referred to in this section as the ``Hatch-\nWaxman Act'') to make generic drugs more available and accessible, and \nthereby reduce health care costs, including measures that require \nmanufacturers of a drug for which an application is approved under \nsection 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n255(c)) desiring to extend a patent of such drug to utilize the patent \nextension procedure provided under the Hatch-Waxman Act.\n\nSEC. 7. CONFORMING AMENDMENTS.\n\n    (a) Applications.--Section 505 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 355) is amended--\n            (1) in subsection (b)(3), in subparagraphs (A) and (C), by \n        striking ``paragraph (2)(A)(iv)'' and inserting ``paragraph \n        (2)'';\n            (2) in subsection (c)(3)--\n                    (A) in subparagraph (A), by striking ``clause (i) \n                or (ii) of subsection (b)(2)(A)'' and inserting \n                ``subparagraph (A) or (B) of subsection (b)(2)'';\n                    (B) in subparagraph (B), by striking ``clause (iii) \n                of subsection (b)(2)(A)'' and all that follows through \n                the period and inserting ``subparagraph (C) of \n                subsection (b)(2), the approval may be made effective \n                on the date certified under subparagraph (C).'';\n                    (C) in subparagraph (C), by striking ``clause (iv) \n                of subsection (b)(2)(A)'' and inserting ``subparagraph \n                (D) of subsection (b)(2)''; and\n                    (D) in subparagraph (D)(ii), by striking ``clause \n                (iv) of subsection (b)(2)(A)'' and inserting \n                ``subparagraph (D) of subsection (b)(2)''; and\n            (3) in subsection (j), in paragraph (2)(A), in the matter \n        following clause (vii)(IV), by striking ``clauses (i) through \n        (viii)'' and inserting ``clauses (i) through (vii)''.\n    (b) Pediatric Studies of Drugs.--Section 505A of the Federal Food, \nDrug, and Cosmetic Act (21 U.S.C. 355a) is amended--\n            (1) in subsection (a)(2)--\n                    (A) in clause (i) of subparagraph (A), by striking \n                ``(b)(2)(A)(ii)'' and inserting ``(b)(2)'';\n                    (B) in clause (ii) of subparagraph (A), by striking \n                ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and\n                    (C) in subparagraph (B), by striking ``subsection \n                (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''; \n                and\n            (2) in subsection (c)(2)--\n                    (A) in clause (i) of subparagraph (A), by striking \n                ``(b)(2)(A)(ii)'' and inserting ``(b)(2)'';\n                    (B) in clause (ii) of subparagraph (A), by striking \n                ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and\n                    (C) in subparagraph (B), by striking ``subsection \n                (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''.\n    (c) Definition.--Section 201 of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 321) is amended by adding at the end the \nfollowing:\n    ``(kk) For purposes of the references to court decisions in clauses \n(i) and (iii) of section 505(c)(3)(C) and clauses (iii)(I), (iii)(III) \nof section 505(j)(5)(B), the term `the court' means the court that \nenters final judgment from which no appeal (not including a writ of \ncertiorari) can or has been taken.''.","title":""}
+{"_id":"c217","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Green Railcar Enhancement Act of \n2010''.\n\nSEC. 2. CREDIT FOR FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION.\n\n    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45R. FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION CREDIT.\n\n    ``(a) General Rule.--For purposes of section 38, the freight \nrailcar replacement or modernization credit determined under this \nsection for the taxable year is an amount equal to 25 percent of the \nsum of--\n            ``(1) the basis of any qualified freight railcar placed in \n        service by the taxpayer during the taxable year, plus\n            ``(2) the qualified freight railcar rebuild expenditures of \n        the taxpayer for the taxable year.\n    ``(b) Qualified Freight Railcar.--\n            ``(1) In general.--For purposes of this section, the term \n        `qualified freight railcar' means a freight railcar which--\n                    ``(A) is acquired or rebuilt by the taxpayer \n                pursuant to a binding agreement entered into after the \n                date of the enactment of this section, and\n                    ``(B) meets the capacity or fuel efficiency \n                improvement requirements of paragraph (2).\n            ``(2) Capacity or fuel efficiency requirements.--\n                    ``(A) In general.--A freight railcar shall be \n                treated as meeting the capacity or fuel efficiency \n                requirements of this paragraph if--\n                            ``(i) in the case of a freight railcar \n                        which is acquired by the taxpayer during the \n                        taxable year (`replacement railcar'), the \n                        taxpayer identifies another railcar (although \n                        not necessarily one being used for an identical \n                        purpose) which the taxpayer certifies--\n                                    ``(I) was removed permanently from \n                                service as a freight railcar during the \n                                taxable year, or\n                                    ``(II) is being rebuilt in such a \n                                manner as to achieve a significant \n                                improvement in capacity or fuel \n                                efficiency, or\n                            ``(ii) in the case of a freight railcar \n                        rebuilt by the taxpayer, such rebuilding \n                        results in a significant improvement in \n                        capacity or fuel efficiency.\n                    ``(B) Ownership not required.--For purposes of \n                subparagraph (A)(i), such other railcar may be one \n                owned by the taxpayer or one owned by another taxpayer, \n                so long as there exists a binding agreement to so \n                remove or rebuild the railcar.\n                    ``(C) Significant improvement.--For purposes of \n                subparagraph (A), an improvement in capacity or fuel \n                efficiency with respect to a freight railcar shall be \n                treated as significant if such capacity or fuel \n                efficiency, as the case may be, is increased by at \n                least 8 percent.\n    ``(c) Qualified Freight Railcar Rebuild Expenditure.--For purposes \nof this section, the term `qualified freight railcar rebuild \nexpenditure' means any amount paid or incurred--\n            ``(1) in connection with the modification of a freight \n        railcar resulting in such railcar being a qualified freight \n        railcar, and\n            ``(2) which is properly chargeable to a capital account \n        with respect to such freight railcar.\n    ``(d) Other Special Rules.--\n            ``(1) Coordination with other credits.--Any amount taken \n        into account in determining the credit under this section may \n        not be taken into account in determining a credit under any \n        other provision of this title.\n            ``(2) Basis adjustment.--For purposes of this subtitle, if \n        a credit is allowed under subsection (a) with respect to any \n        qualified freight railcar, the basis of such railcar shall be \n        reduced by the amount of the credit so allowed.\n            ``(3) Sale-leaseback.--For purposes of subsection (a)(1), \n        if any qualified freight railcar is--\n                    ``(A) originally placed in service by a person \n                after [the date of the enactment of this section], and\n                    ``(B) sold and leased back by such person within 3 \n                months after the railcars are originally placed in \n                service (or, in the case of more than 1 railcar subject \n                to the same lease, within 3 months after the date the \n                final railcar is placed in service, so long as the \n                period between the time the first railcar is placed in \n                service and the time the last railcar is placed in \n                service does not exceed 12 months),\n        such railcars shall be treated as originally placed in service \n        not earlier than the date on which such railcars are used under \n        the leaseback referred to in subparagraph (B).\n            ``(4) Syndication.--For purposes of subsection (a)(1), if--\n                    ``(A) any qualified freight railcar is originally \n                placed in service after the date of enactment of this \n                section by the lessor of such railcar,\n                    ``(B) such railcar is sold by such lessor or any \n                subsequent purchaser within 3 months after the date \n                such railcar was originally placed in service (or, in \n                the case of more than 1 railcar subject to the same \n                lease, within 3 months after the date the final railcar \n                is placed in service and the time the last railcar is \n                placed in service does not exceed 12 months), and\n                    ``(C) the user of such railcar after the last sale \n                during such 3-month period remains the same as when \n                such railcar was originally placed in service,\n        such railcars shall be treated as originally placed in service \n        not earlier than the date of such last sale.\n            ``(5) Recapture.--The benefit of any credit allowable under \n        subsection (a) shall, under regulations prescribed by the \n        Secretary, be recaptured with respect to any qualified freight \n        railcar that is sold or otherwise disposed of by the taxpayer \n        during the 5-year period beginning on the date on which such \n        railcar is originally placed in service. The preceding sentence \n        shall not apply to a qualified freight railcar that is sold by \n        and subsequently leased back to the taxpayer.\n            ``(6) Reporting requirements.--The Secretary, in \n        consultation with the Surface Transportation Board, may develop \n        appropriate reporting requirements for taxpayers utilizing this \n        credit.\n    ``(e) Termination.--This section shall not apply to any freight \nrailcars acquired, or with respect to which at least 50 percent of the \nrebuilding is completed, after December 31, 2011.''.\n    (b) Credit Allowed as Business Credit.--Section 38(b) of the \nInternal Revenue Code of 1986 (relating to current year business \ncredit) is amended by striking ``plus'' at the end of paragraph (34), \nby striking the period at the end of paragraph (35) and inserting ``, \nplus'' and by adding at the end the following new paragraph:\n            ``(36) the freight railcar replacement or modernization \n        credit determined under section 45R.''.\n    (c) Coordination With Section 55.--Section 38(c)(4)(B) of the \nInternal Revenue Code of 1986 is amended by striking ``and'' at the end \nof clause (vii), by striking the period at the end of clause (viii) and \ninserting ``, and'' and by adding at the end the following new clause:\n                            ``(ix) the credit determined under section \n                        45R.''.\n    (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 45Q the \nfollowing new item:\n\n``Sec. 45R. Freight railcar replacement or modernization credit.''.\n    (e) Effective Date.--The amendments made by this section shall \napply to property placed in service, and amounts paid or incurred, \nafter December 31, 2009.","title":""}
+{"_id":"c218","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Gun Victim Compensation Act''.\n\nSEC. 2. VICTIM COMPENSATION FROM PERSONS WHO UNLAWFULLY PROVIDE \n              FIREARMS TO JUVENILES, FELONS, AND OTHER DISQUALIFIED \n              INDIVIDUALS.\n\n    (a) Victim Compensation.--Section 924 of title 18, United States \nCode, is amended by adding at the end the following new subsection:\n    ``(j)  Victim Compensation.--\n            ``(1)  In general.--Any person who sells, delivers, or \n        otherwise transfers--\n                    ``(A) a firearm in violation of section 922(d) or \n                section 922(b)(1); or\n                    ``(B) a handgun to a person who the transferor \n                knows or has reasonable cause to believe is a juvenile, \n                except as provided in paragraph (6),\n        shall be liable for damages caused by a discharge of the \n        transferred firearm by the transferee.\n            ``(2) Civil action.--An action to recover damages under \n        paragraph (1) may be brought in a United States district court \n        by, or on behalf of, any person, or the estate of any person, \n        who suffers damages resulting from bodily injury to or the \n        death of any person caused by a discharge of the transferred \n        firearm by the transferee.\n            ``(3) Disentitlement to recovery.--There shall be no \n        liability under this subsection if it is established by a \n        preponderance of the evidence that--\n                    ``(A) the damages were suffered by a person who was \n                engaged in a criminal act against the person or \n                property of another at the time of the injury; or\n                    ``(B) the injury was self-inflicted, unless the \n                plaintiff establishes that, at the time of the \n                transfer, the transferor knew or had reasonable cause \n                to believe that the transferee had not attained the age \n                of 18 years or had been adjudicated as a mental \n                defective or committed to a mental institution.\n            ``(4) Period of liability.--No action under this subsection \n        may be brought for damages that are caused more than 5 years \n        after the date of the transfer of a firearm upon which an \n        action could otherwise be based.\n            ``(5)  Attorney's fees and punitive damages.--A prevailing \n        plaintiff in an action under this subsection--\n                    ``(A) shall be awarded reasonable attorney's fees \n                and costs, and\n                    ``(B) may be awarded punitive damages.\n            ``(6) Juveniles.--Paragraph (1)(B) does not apply to--\n                    ``(A) a temporary transfer of a handgun to a \n                juvenile if the handgun is used by the juvenile--\n                            ``(i) in the course of employment, in the \n                        course of ranching or farming related to \n                        activities at the residence of the juvenile (or \n                        on property used for ranching or farming at \n                        which the juvenile, with the permission of the \n                        property owner or lessee, is performing \n                        activities related to the operation of the farm \n                        or ranch), target practice, hunting, or a \n                        course of instruction in the safe and lawful \n                        use of a handgun;\n                            ``(ii) with the prior written consent of \n                        the juvenile's parent or guardian who is not \n                        prohibited by Federal, State, or local law from \n                        possessing a firearm, except--\n                                    ``(I) during transportation by the \n                                juvenile of an unloaded handgun in a \n                                locked container directly from the \n                                place of transfer to a place at which \n                                an activity described in clause (i) is \n                                to take place and transportation by the \n                                juvenile of that handgun, unloaded and \n                                in a locked container, directly from \n                                the place at which such an activity \n                                took place to the transferor; or\n                                    ``(II) with respect to ranching or \n                                farming activities as described in \n                                clause (i), with the prior written \n                                approval of the juvenile's parent or \n                                legal guardian and at the direction of \n                                an adult who is not prohibited by \n                                Federal, State, or local law from \n                                possessing a firearm;\n                            ``(iii) if the juvenile keeps the prior \n                        written consent in the juvenile's possession at \n                        all times when a handgun is in the possession \n                        of the juvenile; and\n                            ``(iv) in accordance with State and local \n                        law;\n                    ``(B) issuance of a handgun to a juvenile who is a \n                member of the Armed Forces of the United States or the \n                National Guard who possesses or is armed with the \n                handgun in the line of duty;\n                    ``(C) a transfer by inheritance of title (but not \n                possession) of a handgun to a juvenile;\n                    ``(D) a delivery of a handgun by a juvenile to be \n                used in defense of the juvenile or other persons \n                against an intruder into the residence of the juvenile \n                or a residence in which the juvenile is an invited \n                guest; or\n                    ``(E) a transfer of a handgun for consideration if \n                the transfer is made in accordance with State and local \n                law and with the prior consent of the juvenile's parent \n                or legal guardian who is not prohibited by Federal, \n                State, or local law from possessing a firearm.\n            ``(7) Rule of construction.--Nothing in this subsection \n        shall be construed to limit or have any other effect on any \n        other cause of action available to any person.''.\n    (b) Definition.--Section 921(a) of title 18, United States Code, is \namended by adding at the end the following new paragraph:\n    ``(30) The term `juvenile' means a person who is less than 18 years \nof age.''.\n    (c) Application of Amendment.--The amendment made by subsection (a) \nshall apply to damages resulting from a firearm that was transferred as \ndescribed in section 924(j)(1) of title 18, on or after the date of \nenactment of this Act.","title":""}
+{"_id":"c219","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``HMO Guaranty Act of 2000''.\n\nSEC. DEFINITIONS.\n\n    In this Act:\n            (1) Board.--The term ``Board'' means the Board of Directors \n        appointed under section 3(d).\n            (2) Contractual obligation.--The term ``contractual \n        obligation'' means an obligation by a health maintenance \n        organization, under an agreement, policy, certificate, or \n        evidence of coverage involving a covered individual and the \n        organization, to pay or reimburse the covered individual (or a \n        health care provider who provided items or services to the \n        individual) for services provided prior to the declaration of \n        the insolvency of the health maintenance organization, that \n        remains unpaid at the time of such insolvency. Such term does \n        not include claims by former employees, including medical \n        professional employees, for deferred compensation, severance, \n        vacation, or other employment benefits.\n            (3) Covered individual.--The term ``covered individual'' \n        means an enrollee or member of a health maintenance \n        organization.\n            (4) Guaranty fund.--The term ``Guaranty Fund'' means the \n        Federal HMO Guaranty Fund established under section 3.\n            (5) Health care provider.--The term ``health care \n        provider'' means a physician, hospital, or other person that is \n        licensed or otherwise authorized by the State to provide health \n        care services, and that provided health care services to an \n        enrollee of a health maintenance organization.\n            (6) Health maintenance organization.--The term ``health \n        maintenance organization'' has the meaning given such term by \n        section 2791(b)(3) of the Public Health Service Act (42 U.S.C. \n        300gg-91(b)(3)).\n            (7) Health maintenance organization contract.--The term \n        ``covered health maintenance organization contract'' means a \n        policy, certificate, or other evidence of health care coverage \n        that is issued by a health maintenance organization.\n            (8) Insolvent organization.--The term ``insolvent \n        organization'' means a health maintenance organization that is \n        declared insolvent by court of competent jurisdiction and \n        placed under the control of a State Commissioner of Insurance \n        for the purpose of liquidation.\n            (9) Secretary.--The term ``Secretary'' means the Secretary \n        of Health and Human Services, in consultation with the \n        Secretary of Labor and the Secretary of the Treasury.\n            (10) State.--The term ``State'' includes each of the \n        several States, the District of Columbia, the Commonwealth of \n        Puerto Rico, the Northern Mariana Islands, or any agency or \n        instrumentality thereof.\n            (11) Uncovered expenditures.--The term ``uncovered \n        expenditures'' means the expenditures for the provision of \n        health care services that are the obligation of a health \n        maintenance organization that have not been paid by such \n        organization and for which no alternative payment arrangements \n        have been made.\n\nSEC. 3. ESTABLISHMENT OF HMO GUARANTY FUND.\n\n    (a) In General.--There is established in the Treasury of the United \nStates a fund to be known as the HMO Guaranty Fund to be used as \nprovided for in this Act.\n    (b) Amounts in Fund.--\n            (1) In general.--There shall be deposited into the Guaranty \n        Fund--\n                    (A) amounts collected under section 5(a);\n                    (B) penalties collected under section 5(b); and\n                    (C) earnings on investments of monies in the \n                Guaranty Fund.\n            (2) Investments.--\n                    (A) In general.--The Secretary of the Treasury \n                shall invest amounts in the Guaranty Fund that are not \n                required to meet current withdrawals. Such investments \n                may be made only in interest-bearing obligations of the \n                United States. For such purpose, such obligations may \n                be acquired on original issue at the issue price, or by \n                purchase of outstanding obligations at the market \n                price.\n                    (B) Availability of income.--Any interest derived \n                from obligations held by the Guaranty Fund and the \n                proceeds from any sale or redemption of such \n                obligations, are hereby appropriated to the Fund.\n    (c) Use of Guaranty Fund.--Subject to section 4, amounts in the \nGuaranty Fund shall be used to make payments to a State--\n            (1) to pay the outstanding health care provider claims for \n        uncovered expenditures, and to fulfill contractual obligations \n        to covered individuals, with respect to an insolvent health \n        maintenance organization; and\n            (2) to provide for a temporary continuation of health care \n        coverage for covered individuals.\n    (d) Board of Directors.--\n            (1) In general.--The Guaranty Fund shall be administered by \n        a Board of Directors to be composed of 9 individuals of which--\n                    (A) three directors shall be appointed by the \n                National Association of Insurance Commissioners from \n                among individuals who serve as insurance regulators of \n                a State;\n                    (B) three directors shall be appointed by a \n                national association which represents the health \n                maintenance organization industry of all States (as \n                determined by the Secretary) from among representatives \n                of health maintenance organizations; and\n                    (C) three directors shall be--\n                            (i) the Secretary of the Treasury, or the \n                        designee of the Secretary;\n                            (ii) the Secretary of Health and Human \n                        Services, or the designee of the Secretary; and\n                            (iii) the Secretary of Labor, or the \n                        designee of the Secretary.\n            (2) Terms, vacancies.--The members of the Board shall \n        establish the terms of service of the members of the Board \n        appointed under subparagraphs (A) and (B) of paragraph (1). Any \n        vacancy in the Board shall not affect its powers, and shall be \n        filled in the same manner as the original appointment.\n            (3) Compensation of members.--\n                    (A) In general.--Except as provided in subparagraph \n                (B), each member of the Board who is not an officer or \n                employee of the Federal Government shall serve without \n                compensation. All members of the Board who are officers \n                or employees of the United States shall serve without \n                compensation in addition to that received for their \n                services as officers or employees of the United States.\n                    (B) Travel expenses.--The members of the Board \n                shall be allowed travel expenses, including per diem in \n                lieu of subsistence, at rates authorized for employees \n                of agencies under subchapter I of chapter 57 of title \n                5, United States Code, while away from their homes or \n                regular places of business in the performance of \n                services for the Board. Such expenses shall be paid \n                from the Guaranty Fund.\n            (4) Voting.--Each member of the Board shall have 1 vote. \n        The Board shall set policy and decide all matters by a simple \n        majority of the votes cast.\n            (5) Chairperson.--The Board shall elect a chairperson from \n        among its members.\n            (6) Meetings.--The Board shall first meet not later than 30 \n        days after the date on which all members are appointed under \n        paragraph (1). Subsequent meetings shall be at the call of the \n        chairperson. The Board may hold public hearings after giving \n        proper notice.\n            (7) Fiduciary duty.--With respect to the members of the \n        Board that are not appointed under paragraph (1)(A), in \n        carrying out the duties of the Board such members shall have a \n        fiduciary duty to the Guaranty Fund that shall supersede any \n        duty to an employer or other special interest that the member \n        may otherwise represent.\n            (8) Limitations on liability.--A member of the Board shall \n        not be liable, or in any way responsible, for the obligations \n        of the Guaranty Fund.\n    (e) Duties.--The Board shall--\n            (1) administer the Guaranty Fund;\n            (2) adopt bylaws that permit the Board to enter into \n        contracts to receive contributions and make distributions in \n        accordance with this Act;\n            (3) establish the application criteria and materials \n        necessary to enable a State to submit an application to the \n        Guaranty Fund;\n            (4) review and make determination on applications received \n        under section 4(b); and\n            (5) carry out other activities in accordance with this Act.\n\nSEC. 4. EXPENDITURES FROM THE GUARANTY FUND.\n\n    (a) In General.--The Guaranty Fund shall be used to make payments \nto a State to enable such State to pay the claims of health care \nproviders for health care services provided to covered individuals \nprior to the declaration of insolvency of a health maintenance \norganization and to provide for a temporary continuation of health care \ncoverage for such individuals.\n    (b) Procedure.--\n            (1) In general.--Upon the declaration by a court of \n        competent jurisdiction that a health maintenance organization \n        is insolvent, the official responsible for regulating health \n        insurance in the State in which the declaration is made may \n        submit an application to the Guaranty Fund for payment under \n        this Act.\n            (2) Contents of application.--An application submitted by a \n        State under paragraph (1) shall include the following:\n                    (A) Liquidation of assets and return of unused \n                funds.--The application shall contain an accounting of \n                amounts received (or expected to be received) as a \n                result of the liquidation of the assets of the \n                insolvent organization.\n                    (B) Fund amount.--The application shall contain a \n                request for a specific amount of funds that will be \n                used for the uncovered expenditures and contractual \n                obligations of an insolvent organization.\n                    (C) Uncovered expenditures.--The application shall \n                contain an estimate of the aggregate number of \n                uncovered individuals and aggregate amount of uncovered \n                expenditures with respect to the insolvent organization \n                involved.\n                    (D) Continuation coverage.--The application shall \n                contain an estimate of the aggregate amount of funds \n                needed to provide continuation coverage to uncovered \n                individuals.\n    (c) Consideration by Board.--Not later than 30 days after the date \non which the Guaranty Fund receives a completed application from a \nState under subsection (b), the Board shall make a determination with \nrespect to payments to the States.\n    (d) Limitation.--The aggregate amount that may be paid to a State \nunder this section with respect to a single uncovered individual shall \nnot exceed $300,000.\n    (e) Use for Continuation Coverage.--\n            (1) In general.--A State may use amounts provided under \n        this section to provide for the continuation of health care \n        coverage for an uncovered individual through a health \n        maintenance organization or other health care coverage that has \n        been determined appropriate by the official responsible for \n        regulating health insurance in the State in collaboration with \n        the Board.\n            (2) Limitation.--The period of continuation coverage with \n        respect to an uncovered individual under paragraph (1) shall \n        terminate on the earlier of--\n                    (A) the date that is 1 year after the date on which \n                the health maintenance organization was declared \n                insolvent; or\n                    (B) or the date on which the contractual obligation \n                of the health maintenance organization to the \n                individual was to terminate.\n    (f) Repayment of Funds.--The State shall repay to the Guaranty Fund \nan amount equal to--\n            (1) any amounts not utilized by the State on the date on \n        which the liquidation of the insolvent organization is \n        completed; and\n            (2) any amounts recovered through liquidation that have not \n        been accounted for in the application of the State under \n        subsection (b)(2)(A).\n\nSEC. 5. CONTRIBUTIONS TO THE GUARANTY FUND.\n\n    (a) Assessment on Health Maintenance Organizations.--\n            (1) In general.--Not later than January 1, 2001, and every \n        6 months thereafter, each health maintenance organization that \n        is licensed by a State to provide health care coverage shall \n        pay to the Guaranty Fund an amount to be determined in \n        accordance with an assessment schedule to be established by the \n        Secretary not later than 180 days after the date of enactment \n        of this Act.\n            (2) Deferment.--The Board, after consultation with the \n        official responsible for regulating health insurance in the \n        State involved may exempt, abate, or defer, in whole or in \n        part, the assessment of a health maintenance organization under \n        paragraph (1) if the organization demonstrates that the payment \n        of the assessment would endanger the ability of the \n        organization to fulfill its contractual obligations or place \n        the organization in an unsound financial condition.\n            (3) Prohibition.--A health maintenance organization shall \n        not adjust the amount of premiums paid by enrollees to account \n        for the assessment paid under paragraph (1).\n    (b) Failure to Pay.--A health maintenance organization that fails \nto pay an assessment under subsection (a)(1) within 30 days after the \ndate on which such assessment was to be paid shall be subject to a \ncivil penalty in an amount not to exceed $1,000 per day.\n\nSEC. 6. STATE PREEMPTION.\n\n    (a) In General.--Nothing in this Act shall be construed to preempt \nor supersede any provision of State law that establishes, implements, \nor continues in effect any standard or requirement relating to health \nmaintenance organizations.\n    (b) Definition.--In this section, the term ``State law'' means all \nlaws, decisions, rules, regulations or other State actions that have \nthe effect of law.","title":""}
+{"_id":"c22","text":"SECTION 1. ERISA PREEMPTION NOT TO APPLY TO CERTAIN STATE LAW CAUSES OF \n              ACTION.\n\n    (a) In General.--Section 514 of the Employee Retirement Income \nSecurity Act of 1974 (29 U.S.C. 1144) is amended--\n            (1) by redesignating subsections (d) and (e) as subsection \n        (e) and (f), respectively, and\n            (2) by inserting after subsection (c) the following new \n        subsection:\n    ``(d) Preemption Not To Apply to Causes of Action Under State Law \nInvolving Medically Reviewable Decision.--\n            ``(1) In general.--Except as provided in this subsection, \n        nothing in this title (including section 502) shall be \n        construed to supersede or otherwise alter, amend, modify, \n        invalidate, or impair any cause of action under State law of a \n        participant or beneficiary under a group health plan (or the \n        estate of such a participant or beneficiary) against the plan, \n        the plan sponsor, any health insurance issuer offering health \n        insurance coverage in connection with the plan, or any managed \n        care entity in connection with the plan to recover damages \n        resulting from personal injury or for wrongful death if such \n        cause of action arises by reason of a medically reviewable \n        decision.\n            ``(2) Definitions and related rules.--For purposes of this \n        subsection--\n                    ``(A) Medically reviewable decision.--The term \n                `medically reviewable decision' means a denial of a \n                claim for benefits under the plan.\n                    ``(B) Personal injury.--The term `personal injury' \n                means a physical injury and includes an injury arising \n                out of the treatment (or failure to treat) a mental \n                illness or disease.\n                    ``(C) Claim for benefit.--The term `claim for \n                benefits' means any request for coverage (including \n                authorization of coverage), for eligibility, or for \n                payment (or reimbursement for payment) in whole or in \n                part, for an item or service under a group health plan \n                or health insurance coverage.\n                    ``(D) Denial of claim for benefits.--The term \n                `denial' means, with respect to a claim for benefits, a \n                denial (in whole or in part) of, or a failure to act on \n                a timely basis upon, the claim for benefits and \n                includes a failure to provide benefits (including items \n                and services) required to be provided under this title.\n                    ``(E) Managed care entity.--\n                            ``(i) In general.--The term `managed care \n                        entity' means, in connection with a group \n                        health plan and subject to clause (ii), any \n                        entity that is involved in determining the \n                        manner in which or the extent to which items or \n                        services (or reimbursement therefor) are to be \n                        provided as benefits under the plan.\n                            ``(ii) Treatment of treating physicians, \n                        other treating health care professionals, and \n                        treating hospitals.--Such term does not include \n                        a treating physician or other treating health \n                        care professional of the participant or \n                        beneficiary and also does not include a \n                        treating hospital insofar as it is acting \n                        solely in the capacity of providing treatment \n                        or care to the participant or beneficiary. \n                        Nothing in the preceding sentence shall be \n                        construed to preempt vicarious liability of any \n                        plan, plan sponsor, health insurance issuer, or \n                        managed care entity.\n            ``(3) Exclusion of employers and other plan sponsors.--\n                    ``(A) Causes of action against employers and plan \n                sponsors precluded.--Subject to subparagraph (B), \n                paragraph (1) does not apply with respect to--\n                            ``(i) any cause of action against an \n                        employer or other plan sponsor maintaining the \n                        plan (or against an employee of such an \n                        employer or sponsor acting within the scope of \n                        employment), or\n                            ``(ii) a right of recovery, indemnity, or \n                        contribution by a person against an employer or \n                        other plan sponsor (or such an employee) for \n                        damages assessed against the person pursuant to \n                        a cause of action to which paragraph (1) \n                        applies.\n                    ``(B) Certain causes of action permitted.--\n                Notwithstanding subparagraph (A), paragraph (1) applies \n                with respect to any cause of action that is brought by \n                a participant or beneficiary under a group health plan \n                (or the estate of such a participant or beneficiary) to \n                recover damages resulting from personal injury or for \n                wrongful death against any employer or other plan \n                sponsor maintaining the plan (or against an employee of \n                such an employer or sponsor acting within the scope of \n                employment) if such cause of action arises by reason of \n                a medically reviewable decision, to the extent that \n                there was direct participation by the employer or other \n                plan sponsor (or employee) in the decision.\n                    ``(C) Direct participation.--\n                            ``(i) Direct participation in decisions.--\n                        For purposes of subparagraph (B), the term \n                        `direct participation' means, in connection \n                        with a decision described in subparagraph (B), \n                        the actual making of such decision or the \n                        actual exercise of control in making such \n                        decision or in the conduct constituting the \n                        failure.\n                            ``(ii) Rules of construction.--For purposes \n                        of clause (i), the employer or plan sponsor (or \n                        employee) shall not be construed to be engaged \n                        in direct participation because of any form of \n                        decisionmaking or other conduct that is merely \n                        collateral or precedent to the decision \n                        described in subparagraph (B) on a particular \n                        claim for benefits of a particular participant \n                        or beneficiary, including (but not limited \n                        to)--\n                                    ``(I) any participation by the \n                                employer or other plan sponsor (or \n                                employee) in the selection of the group \n                                health plan or health insurance \n                                coverage involved or the third party \n                                administrator or other agent;\n                                    ``(II) any engagement by the \n                                employer or other plan sponsor (or \n                                employee) in any cost-benefit analysis \n                                undertaken in connection with the \n                                selection of, or continued maintenance \n                                of, the plan or coverage involved;\n                                    ``(III) any participation by the \n                                employer or other plan sponsor (or \n                                employee) in the process of creating, \n                                continuing, modifying, or terminating \n                                the plan or any benefit under the plan, \n                                if such process was not substantially \n                                focused solely on the particular \n                                situation of the participant or \n                                beneficiary referred to in paragraph \n                                (1)(A); and\n                                    ``(IV) any participation by the \n                                employer or other plan sponsor (or \n                                employee) in the design of any benefit \n                                under the plan, including the amount of \n                                copayment and limits connected with \n                                such benefit.''.\n    (b) Conforming Amendment.--Section 502(b)(4) of such Act (29 U.S.C. \n1132(b)(4)) is amended by striking ``514(e)(3)'' and inserting \n``514(f)(3)''.\n    (c) Effective Date.--The amendments made by this section shall \napply to acts and omissions (from which a cause of action arises) \noccurring on or after the date of the enactment of this Act.","title":""}
+{"_id":"c220","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Handgun Trigger Safety Act of \n2014''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds as follows:\n            (1) It is in the interest of the United States to protect \n        its citizens from handgun violence and accidental firearm \n        deaths.\n            (2) Personalizing handguns would prevent unauthorized \n        users, whether children, criminals, or others, from misusing \n        the weapons.\n            (3) Personalizing handguns would allow authorized users to \n        continue to lawfully own and use their handguns more safely.\n            (4) In 2011, according to the Centers for Disease Control, \n        there were 851 accidental firearm deaths.\n            (5) In 2010, according to the Centers for Disease Control, \n        62 people under the age of 15 were killed accidentally with \n        firearms.\n            (6) According to the National Crime Victimization Survey, \n        almost 350,000 incidents of firearm theft from private citizens \n        occur each year.\n            (7) According to the Federal Bureau of Investigation, 45 \n        law enforcement officers were killed with their own firearm \n        between 2002 and 2011.\n            (8) According to the Federal Bureau of Investigation, \n        almost half of all murders in the United States in 2011 were \n        committed with handguns.\n\n          TITLE I--TECHNOLOGY FOR PERSONALIZED HANDGUNS GRANTS\n\nSEC. 101. DEFINITIONS.\n\n    In this title:\n            (1) Handgun.--The term ``handgun'' has the meaning given \n        the term in section 921(a)(29) of title 18, United States Code.\n            (2) Personalized handgun.--The term ``personalized \n        handgun'' means a handgun that--\n                    (A) enables only an authorized user of the handgun \n                to fire the handgun; and\n                    (B) was manufactured in such a manner that the \n                firing restriction described in subparagraph (A)--\n                            (i) is incorporated into the design of the \n                        handgun;\n                            (ii) is not sold as an accessory; and\n                            (iii) cannot be readily removed or \n                        deactivated.\n            (3) Qualified entity.--The term ``qualified entity'' \n        means--\n                    (A) a State or unit of local government;\n                    (B) a nonprofit or for-profit organization; or\n                    (C) an institution of higher education (as defined \n                in section 101 of the Higher Education Act of 1965 (20 \n                U.S.C. 1001)).\n            (4) Retrofitted personalized handgun.--The term \n        ``retrofitted personalized handgun'' means a handgun fitted \n        with a device that--\n                    (A) enables only an authorized user of the handgun \n                to fire the handgun; and\n                    (B) cannot be readily removed or deactivated.\n\nSEC. 102. AUTHORIZATION.\n\n    The Attorney General, acting through the Director of the National \nInstitute of Justice (referred to in this title as the ``Director''), \nshall make grants to qualified entities to develop technology for \npersonalized handguns.\n\nSEC. 103. APPLICATIONS.\n\n    A qualified entity seeking a grant under this title shall submit to \nthe Director an application at such time, in such manner, and \ncontaining such information as the Director may reasonably require.\n\nSEC. 104. USES OF FUNDS.\n\n    A qualified entity that receives a grant under this title--\n            (1) shall use not less than 70 percent of the amount of the \n        grant to develop technology for personalized handguns;\n            (2) may use not more than 20 percent of the amount of the \n        grant to develop technology for retrofitted personalized \n        handguns; and\n            (3) may use not more than 10 percent of the amount of the \n        grant for administrative costs associated with the development \n        of technology funded under this title.\n\nSEC. 105. TERM; RENEWAL.\n\n    (a) Term.--A grant awarded under this title shall be for a term of \n1 year.\n    (b) Renewal.--A qualified entity receiving a grant under this title \nmay renew the grant by submitting to the Director an application for \nrenewal at such time, in such manner, and containing such information \nas the Director may reasonably require.\n\nSEC. 106. REPORTS.\n\n    (a) Reports to Director.--A qualified entity receiving a grant \nunder this title shall submit to the Director such reports, at such \ntime, in such manner, and containing such information as the Director \nmay reasonably require.\n    (b) Reports to Congress.--Each year, the Director shall submit to \nCongress a report that contains a summary of the information submitted \nto the Director under subsection (a) during the previous year.\n\nSEC. 107. REGULATIONS.\n\n    The Director may promulgate such guidelines, rules, regulations, \nand procedures as may be necessary to carry out this title.\n\nSEC. 108. AUTHORIZATION OF APPROPRIATIONS.\n\n    There is authorized to be appropriated to carry out this title \n$2,000,000 for each of fiscal years 2015 and 2016.\n\n      TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD\n\nSEC. 201. DEFINITIONS.\n\n    In this title:\n            (1) Antique firearm; firearm; handgun.--The terms ``antique \n        firearm'', ``firearm'', and ``handgun'' have the meaning given \n        those terms in section 921 of title 18, United States Code.\n            (2) Authorized user.--The term ``authorized user'', with \n        respect to a firearm, means--\n                    (A) the lawful owner of the firearm; and\n                    (B) any individual who is--\n                            (i) authorized by the lawful owner of the \n                        firearm to use the firearm; and\n                            (ii) authorized, under the law of the State \n                        where the firearm is being used, to own, carry, \n                        or use a firearm in the State.\n            (3) Commission.--The term ``Commission'' means the Consumer \n        Product Safety Commission\n            (4) Consumer product safety rule.--The term ``consumer \n        product safety rule'' has the meaning given such term in \n        section 3(a) of the Consumer Product Safety Act (15 U.S.C. \n        2052(a)).\n            (5) Manufactured and manufacturer.--The terms \n        ``manufactured'' and ``manufacturer'' have the meaning given \n        such terms in section 3(a) of the Consumer Product Safety Act \n        (15 U.S.C. 2052(a)).\n            (6) Personalized handgun.--The term ``personalized \n        handgun'' means a handgun that--\n                    (A) enables only an authorized user of a handgun to \n                fire the handgun; and\n                    (B) is manufactured in such a manner that the \n                firing restriction described in subparagraph (A)--\n                            (i) is incorporated into the design of the \n                        handgun; and\n                            (ii) cannot be readily removed or \n                        deactivated.\n            (7) Retrofitted personalized handgun.--The term \n        ``retrofitted personalized handgun'' means a handgun fitted \n        with a device that--\n                    (A) enables only an authorized user of a handgun to \n                fire the handgun; and\n                    (B) attaches to the handgun in a manner such that \n                the device cannot be readily removed or deactivated.\n            (8) State and united states.--The terms ``State'' and \n        ``United States'' have the meaning given such terms in section \n        3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).\n            (9) To distribute in commerce and distribution in \n        commerce.--The terms ``to distribute in commerce'' and \n        ``distribution in commerce'' have the meaning given such terms \n        in section 3(a) of the Consumer Product Safety Act (15 U.S.C. \n        2052(a)).\n\nSEC. 202. PROHIBITION ON MANUFACTURING AND DISTRIBUTION OF HANDGUNS \n              THAT ARE NOT PERSONALIZED HANDGUNS.\n\n    (a) Prohibition.--\n            (1) Manufacturing.--Beginning on the date that is 2 years \n        after the date of enactment of this Act, no person may \n        manufacture in the United States a handgun that is not a \n        personalized handgun.\n            (2) Distribution in commerce.--Beginning on the date that \n        is 3 years after the date of enactment of this Act, no person \n        may distribute in commerce any handgun that is not a \n        personalized handgun or a retrofitted personalized handgun.\n            (3) Exemptions for antique firearms and military \n        firearms.--Paragraphs (1) and (2) shall not apply to--\n                    (A) an antique firearm;\n                    (B) the manufacture of a firearm that is sold to \n                the Department of Defense; or\n                    (C) the sale or distribution of a firearm to the \n                Department of Defense.\n    (b) Enforcement by Consumer Product Safety Commission.--\n            (1) Treatment of violation.--Notwithstanding section \n        3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. \n        2052(a)(5)(E)), a violation of subsection (a) or any rule \n        promulgated by the Commission pursuant to paragraph (4) shall \n        be treated as a violation of section 19(a)(1) of the Consumer \n        Product Safety Act (15 U.S.C. 2068(a)(1)).\n            (2) Treatment as consumer product safety standards.--\n        Notwithstanding section 3(a)(5)(E) of the Consumer Product \n        Safety Act (15 U.S.C. 2052(a)(5)(E)), subsection (a) and any \n        rule promulgated pursuant to paragraph (4) shall be considered \n        consumer product safety rules.\n            (3) Powers of commission.--\n                    (A) In general.--The Commission shall enforce this \n                section in the same manner, by the same means, and with \n                the same jurisdiction, powers, and duties as though all \n                applicable terms and provisions of the Consumer Product \n                Safety Act (15 U.S.C. 2051 et seq.) were incorporated \n                into and made a part of this section.\n                    (B) Privileges and immunities.--Any person who \n                violates this section shall be subject to the penalties \n                and entitled to the privileges and immunities provided \n                in the Consumer Product Safety Act (15 U.S.C. 2051 et \n                seq.).\n            (4) Regulations.--The Commission, in consultation with the \n        Attorney General and the Director of the National Institute of \n        Justice, may promulgate such rules as the Commission considers \n        appropriate to carry out this section.\n    (c) Enforcement by States.--If an attorney general, other official, \nor agency of a State has reason to believe that an interest of the \nresidents of the State has been or is threatened or adversely affected \nby a person who violates subsection (a), the attorney general, \nofficial, or agency may bring a civil action on behalf of the residents \nof the State against the person in an appropriate district court of the \nUnited States to enjoin any further such violation and for other relief \nas may be appropriate.\n    (d) Cost of Retrofitting.--\n            (1) Cost borne by manufacturers.--Upon the request of the \n        owner of a handgun that was manufactured in the United States \n        and that is not a personalized handgun or retrofitted \n        personalized handgun, the manufacturer of the handgun--\n                    (A) shall--\n                            (i) retrofit the handgun so that the \n                        handgun is a retrofitted personalized handgun; \n                        and\n                            (ii) return the handgun to the owner within \n                        a reasonable period of time; and\n                    (B) may not request compensation for the retrofit \n                from the owner.\n            (2) Rulemaking.--Not later than 1 year after the date of \n        enactment of this Act, the Commission, in consultation with the \n        Attorney General and the Director of the National Institute of \n        Justice, shall by regulation establish the maximum period of \n        time within which a manufacturer that receives a request from \n        the owner of a handgun under paragraph (1) shall retrofit and \n        return the handgun to the owner.\n            (3) Reimbursement from department of justice assets \n        forfeiture fund.--Section 524(c) of title 28, United States \n        Code, is amended--\n                    (A) in subparagraph (H), by striking ``and'' at the \n                end;\n                    (B) in subparagraph (I), by striking the period at \n                the end and inserting ``; and''; and\n                    (C) by inserting after subparagraph (I) the \n                following:\n            ``(J) payments to reimburse manufacturers of handguns for \n        the costs of retrofitting handguns to comply with the \n        requirement under section 202(d)(1) of the Handgun Trigger \n        Safety Act of 2014.''.\n    (e) Relation to State Law.--Nothing in this section or the Consumer \nProduct Safety Act (15 U.S.C. 2051 et seq.) shall be construed to \npreempt or otherwise affect any State requirement with respect to any \nhandgun not specifically regulated in a consumer product safety \nstandard under the Consumer Product Safety Act.\n\nTITLE III--EXEMPTION FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT\n\nSEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS \n              ACT.\n\n    Section 4 of the Protection of Lawful Commerce in Arms Act (15 \nU.S.C. 7903) is amended--\n            (1) in paragraph (4)--\n                    (A) by striking ``The term `qualified product' \n                means'' and inserting the following: ``The term \n                `qualified product'--\n                            ``(i) except as provided in clause (ii), \n                        means'';\n                    (B) by striking the period at the end and inserting \n                ``; and''; and\n                    (C) by adding at the end the following:\n                            ``(ii) does not include a handgun that--\n                                    ``(I) is manufactured on or after \n                                the date that is 2 years after the date \n                                of enactment of the Handgun Trigger \n                                Safety Act of 2014; and\n                                    ``(II) is not a--\n                                            ``(aa) personalized \n                                        handgun; or\n                                            ``(bb) retrofitted \n                                        personalized handgun.''; and\n            (2) by adding at the end the following:\n            ``(10) Authorized user.--The term `authorized user', with \n        respect to a handgun, means--\n                    ``(A) the lawful owner of the firearm; and\n                    ``(B) any individual who is--\n                            ``(i) authorized by the lawful owner of the \n                        firearm to use the firearm; and\n                            ``(ii) authorized, under the law of the \n                        State where the firearm is being used, to own, \n                        carry, or use a firearm in the State.\n            ``(11) Handgun.--The term `handgun' has the meaning given \n        the term in section 921(a)(29) of title 18, United States Code.\n            ``(12) Personalized handgun.--The term `personalized \n        handgun' means a handgun that--\n                    ``(A) enables only an authorized user of the \n                handgun to fire the handgun; and\n                    ``(B) is manufactured in such a manner that the \n                firing restriction described in subparagraph (A)--\n                            ``(i) is incorporated into the design of \n                        the handgun; and\n                            ``(ii) cannot be readily removed or \n                        deactivated.\n            ``(13) Retrofitted personalized handgun.--The term \n        `retrofitted personalized handgun' means a handgun fitted with \n        a device that--\n                    ``(A) enables only an authorized user of the \n                handgun to fire the handgun; and\n                    ``(B) attaches to the handgun in a manner such that \n                the device cannot be readily removed or deactivated.''.","title":""}
+{"_id":"c221","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Harriet Tubman National Historical \nParks Act''.\n\nSEC. 2. HARRIET TUBMAN UNDERGROUND RAILROAD NATIONAL HISTORICAL PARK, \n              MARYLAND.\n\n    (a) Definitions.--In this section:\n            (1) Historical park.--The term ``historical park'' means \n        the Harriet Tubman Underground Railroad National Historical \n        Park established by subsection (b)(1)(A).\n            (2) Map.--The term ``map'' means the map entitled \n        ``Authorized Acquisition Area for the Proposed Harriet Tubman \n        Underground Railroad National Historical Park'', numbered T20\/\n        80,001, and dated July 2010.\n            (3) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n            (4) State.--The term ``State'' means the State of Maryland.\n    (b) Harriet Tubman Underground Railroad National Historical Park.--\n            (1) Establishment.--\n                    (A) In general.--Subject to subparagraph (B), there \n                is established the Harriet Tubman Underground Railroad \n                National Historical Park in Caroline, Dorchester, and \n                Talbot Counties, Maryland, as a unit of the National \n                Park System.\n                    (B) Determination by secretary.--The historical \n                park shall not be established until the date on which \n                the Secretary determines that a sufficient quantity of \n                land, or interests in land, has been acquired to \n                constitute a manageable park unit.\n                    (C) Notice.--Not later than 30 days after the date \n                on which the Secretary makes a determination under \n                subparagraph (B), the Secretary shall publish in the \n                Federal Register notice of the establishment of the \n                historical park, including an official boundary map for \n                the historical park.\n                    (D) Availability of map.--The official boundary map \n                published under subparagraph (C) shall be on file and \n                available for public inspection in appropriate offices \n                of the National Park Service.\n            (2) Purpose.--The purpose of the historical park is to \n        preserve and interpret for the benefit of present and future \n        generations the historical, cultural, and natural resources \n        associated with the life of Harriet Tubman and the Underground \n        Railroad.\n            (3) Land acquisition.--\n                    (A) In general.--The Secretary may acquire land and \n                interests in land within the areas depicted on the map \n                as ``Authorized Acquisition Areas'' by purchase from \n                willing sellers, donation, or exchange.\n                    (B) Boundary adjustment.--On acquisition of land or \n                an interest in land under subparagraph (A), the \n                boundary of the historical park shall be adjusted to \n                reflect the acquisition.\n    (c) Administration.--\n            (1) In general.--The Secretary shall administer the \n        historical park in accordance with this section and the laws \n        generally applicable to units of the National Park System, \n        including--\n                    (A) the National Park System Organic Act (16 U.S.C. \n                1 et seq.); and\n                    (B) the Act of August 21, 1935 (16 U.S.C. 461 et \n                seq.).\n            (2) Interagency agreement.--Not later than 1 year after the \n        date on which the historical park is established, the Director \n        of the National Park Service and the Director of the United \n        States Fish and Wildlife Service shall enter into an agreement \n        to allow the National Park Service to provide for public \n        interpretation of historic resources located within the \n        boundary of the Blackwater National Wildlife Refuge that are \n        associated with the life of Harriet Tubman, consistent with the \n        management requirements of the Refuge.\n            (3) Interpretive tours.--The Secretary may provide \n        interpretive tours to sites and resources located outside the \n        boundary of the historical park in Caroline, Dorchester, and \n        Talbot Counties, Maryland, relating to the life of Harriet \n        Tubman and the Underground Railroad.\n            (4) Cooperative agreements.--\n                    (A) In general.--The Secretary may enter into a \n                cooperative agreement with the State, political \n                subdivisions of the State, colleges and universities, \n                non-profit organizations, and individuals--\n                            (i) to mark, interpret, and restore \n                        nationally significant historic or cultural \n                        resources relating to the life of Harriet \n                        Tubman or the Underground Railroad within the \n                        boundaries of the historical park, if the \n                        agreement provides for reasonable public \n                        access; or\n                            (ii) to conduct research relating to the \n                        life of Harriet Tubman and the Underground \n                        Railroad.\n                    (B) Visitor center.--The Secretary may enter into a \n                cooperative agreement with the State to design, \n                construct, operate, and maintain a joint visitor center \n                on land owned by the State--\n                            (i) to provide for National Park Service \n                        visitor and interpretive facilities for the \n                        historical park; and\n                            (ii) to provide to the Secretary, at no \n                        additional cost, sufficient office space to \n                        administer the historical park.\n                    (C) Cost-sharing requirement.--\n                            (i) Federal share.--The Federal share of \n                        the total cost of any activity carried out \n                        under this paragraph shall not exceed 50 \n                        percent.\n                            (ii) Form of non-federal share.--The non-\n                        Federal share of the cost of carrying out an \n                        activity under this paragraph may be in the \n                        form of in-kind contributions or goods or \n                        services fairly valued.\n    (d) General Management Plan.--\n            (1) In general.--Not later than 3 years after the date on \n        which funds are made available to carry out this section, the \n        Secretary shall prepare a general management plan for the \n        historical park in accordance with section 12(b) of the \n        National Park Service General Authorities Act (16 U.S.C. 1a-\n        7(b)).\n            (2) Consultation.--The general management plan shall be \n        prepared in consultation with the State (including political \n        subdivisions of the State).\n            (3) Coordination.--The Secretary shall coordinate the \n        preparation and implementation of the management plan with--\n                    (A) the Blackwater National Wildlife Refuge;\n                    (B) the Harriet Tubman National Historical Park \n                established by section 3(b)(1)(A); and\n                    (C) the National Underground Railroad Network to \n                Freedom.\n    (e) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section.\n\nSEC. 3. HARRIET TUBMAN NATIONAL HISTORICAL PARK, AUBURN, NEW YORK.\n\n    (a) Definitions.--In this section:\n            (1) Historical park.--The term ``historical park'' means \n        the Harriet Tubman National Historical Park established by \n        subsection (b)(1)(A).\n            (2) Home.--The term ``Home'' means The Harriet Tubman Home, \n        Inc., located in Auburn, New York.\n            (3) Map.--The term ``map'' means the map entitled ``Harriet \n        Tubman National Historical Park'', numbered T18\/80,000, and \n        dated March 2009.\n            (4) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n            (5) State.--The term ``State'' means the State of New York.\n    (b) Harriet Tubman National Historical Park.--\n            (1) Establishment.--\n                    (A) In general.--Subject to subparagraph (B), there \n                is established the Harriet Tubman National Historical \n                Park in Auburn, New York, as a unit of the National \n                Park System.\n                    (B) Determination by secretary.--The historical \n                park shall not be established until the date on which \n                the Secretary determines that a sufficient quantity of \n                land, or interests in land, has been acquired to \n                constitute a manageable park unit.\n                    (C) Notice.--Not later than 30 days after the date \n                on which the Secretary makes a determination under \n                subparagraph (B), the Secretary shall publish in the \n                Federal Register notice of the establishment of the \n                historical park.\n                    (D) Map.--The map shall be on file and available \n                for public inspection in appropriate offices of the \n                National Park Service.\n            (2) Boundary.--The historical park shall include the \n        Harriet Tubman Home, the Tubman Home for the Aged, the Thompson \n        Memorial AME Zion Church and Rectory, and associated land, as \n        identified in the area entitled ``National Historical Park \n        Proposed Boundary'' on the map.\n            (3) Purpose.--The purpose of the historical park is to \n        preserve and interpret for the benefit of present and future \n        generations the historical, cultural, and natural resources \n        associated with the life of Harriet Tubman.\n            (4) Land acquisition.--The Secretary may acquire land and \n        interests in land within the areas depicted on the map by \n        purchase from a willing seller, donation, or exchange.\n    (c) Administration.--\n            (1) In general.--The Secretary shall administer the \n        historical park in accordance with this section and the laws \n        generally applicable to units of the National Park System, \n        including--\n                    (A) the National Park System Organic Act (16 U.S.C. \n                1 et seq.); and\n                    (B) the Act of August 21, 1935 (16 U.S.C. 461 et \n                seq.).\n            (2) Interpretive tours.--The Secretary may provide \n        interpretive tours to sites and resources located outside the \n        boundary of the historical park in Auburn, New York, relating \n        to the life of Harriet Tubman.\n            (3) Cooperative agreements.--\n                    (A) In general.--The Secretary may enter into a \n                cooperative agreement with the owner of any land within \n                the historical park to mark, interpret, or restore \n                nationally significant historic or cultural resources \n                relating to the life of Harriet Tubman, if the \n                agreement provides that--\n                            (i) the Secretary shall have the right of \n                        access to any public portions of the land \n                        covered by the agreement to allow for--\n                                    (I) access at reasonable times by \n                                historical park visitors to the land; \n                                and\n                                    (II) interpretation of the land for \n                                the public; and\n                            (ii) no changes or alterations shall be \n                        made to the land except by mutual agreement of \n                        the Secretary and the owner of the land.\n                    (B) Research.--The Secretary may enter into a \n                cooperative agreement with the State, political \n                subdivisions of the State, institutions of higher \n                education, the Home and other nonprofit organizations, \n                and individuals to conduct research relating to the \n                life of Harriet Tubman.\n                    (C) Cost-sharing requirement.--\n                            (i) Federal share.--The Federal share of \n                        the total cost of any activity carried out \n                        under this paragraph shall not exceed 50 \n                        percent.\n                            (ii) Form of non-federal share.--The non-\n                        Federal share may be in the form of in-kind \n                        contributions or goods or services fairly \n                        valued.\n                    (D) Attorney general.--\n                            (i) In general.--The Secretary shall submit \n                        to the Attorney General for review any \n                        cooperative agreement under this paragraph \n                        involving religious property or property owned \n                        by a religious institution.\n                            (ii) Finding.--No cooperative agreement \n                        subject to review under this subparagraph shall \n                        take effect until the date on which the \n                        Attorney General issues a finding that the \n                        proposed agreement does not violate the \n                        Establishment Clause of the first amendment to \n                        the Constitution.\n    (d) General Management Plan.--\n            (1) In general.--Not later than 3 years after the date on \n        which funds are made available to carry out this section, the \n        Secretary shall prepare a general management plan for the \n        historical park in accordance with section 12(b) of the \n        National Park Service General Authorities Act (16 U.S.C. 1a-\n        7(b)).\n            (2) Coordination.--The Secretary shall coordinate the \n        preparation and implementation of the management plan with--\n                    (A) the Harriet Tubman Underground Railroad \n                National Historical Park established by section \n                2(b)(1); and\n                    (B) the National Underground Railroad Network to \n                Freedom.\n    (e) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this Act, except \nthat not more than $7,500,000 shall be available to provide financial \nassistance under subsection (c)(3).\n\nSEC. 4. OFFSET.\n\n    Section 101(b)(12) of the Water Resources Development Act of 1996 \n(Public Law 104-303; 110 Stat. 3667) is amended by striking \n``$53,852,000'' and inserting ``$29,852,000''.\n\n            Passed the Senate July 9, 2014.\n\n            Attest:\n\n                                                NANCY ERICKSON,\n\n                                                             Secretary.","title":""}
+{"_id":"c222","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Healthy School Meals Act of 2010''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n     (a) Findings.--Congress finds the following:\n            (1) National Health and Nutrition Examination Surveys \n        (1976-1980 and 2003-2006) conducted for the Centers for Disease \n        Control and Prevention show that obesity prevalence increased \n        from 5.0 percent to 12.4 percent in children aged 2 to 5 years, \n        from 6.5 percent to 17.0 percent in those aged 6-11 years and \n        from 5.0 percent to 17.6 percent in those aged 12 to 19 years.\n            (2) A 2007 Department of Agriculture School Nutrition \n        Dietary study found that an estimated 70 percent of schools \n        serve meals that exceed recommended levels of saturated fat, \n        which is linked to heart disease and other obesity-related \n        chronic diseases, such as diabetes and some cancers.\n            (3) The Centers for Disease Control and Prevention predicts \n        one in three children born in the year 2000 will develop \n        diabetes in his or her life.\n            (4) A Yale University study of overweight and obese \n        children found higher than normal blood sugar. Twenty-five \n        percent of children age 4 to 10 had impaired glucose tolerance, \n        suggesting diabetes may soon occur.\n            (5) Healthy school meals are essential for protecting \n        children from weight problems and other diet-related \n        conditions; meals too high in fat and calories are found to \n        contribute to weight and health problems.\n            (6) The Department of Agriculture's National Nutrient \n        Database lists vegetables, fruits, whole grains, and legumes as \n        being extremely low in saturated fat and containing no \n        cholesterol.\n            (7) The American Medical Association and the American \n        Public Health Association have passed resolutions calling for \n        plant-based foods including vegetables, fruits, legumes, \n        grains, and healthful dairy alternative beverages to be \n        included in school meals.\n            (8) A rapidly increasing number of families in the United \n        States opt for plant-based meals for health, ethical, or \n        religious reasons.\n            (9) The July 2009 Journal of the American Dietetic \n        Association published an official position paper of the \n        American Dietetic Association which concluded that plant-based \n        diets are nutritionally adequate for everyone, including \n        children, and provide health benefits when compared to other \n        eating patterns.\n            (10) Studies have shown that the bioavailability of calcium \n        from soymilk fortified with calcium carbonate is equivalent to \n        cow's milk.\n            (11) The Department of Agriculture includes fruits, \n        vegetables, whole grains, and legumes in its commodities \n        program, but these essential ingredients to healthy meals are \n        often underutilized or unavailable to many schools.\n            (12) Access to healthful plant-based school lunch options \n        is essential to improving the health of America's children.\n    (b) Purpose.--The purpose of this Act is to improve the health of \nAmerica's schoolchildren by raising the nutritional quality of food \nthrough the promotion of plant-based meals and healthful dairy \nalternative beverages in schools.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Plant-based alternate protein product.--The term \n        ``plant-based alternate protein product'' means an alternate \n        protein product that--\n                    (A) meets the nutritional requirements described in \n                appendix A to part 210 of title 7 of the Code of \n                Federal Regulations (as in effect on the date of the \n                enactment of this Act); and\n                    (B) contains no animal-based foods, products, or \n                byproducts.\n            (2) Plant-based meat alternate.--The term ``plant-based \n        meat alternate'' means a meat alternate that--\n                    (A) meets the nutritional requirements described in \n                paragraph (k)(1) of part 210.10 of title 7 of the Code \n                of Federal Regulations (as in effect on the date of the \n                enactment of this Act); and\n                    (B) contains no animal-based foods, products, or \n                byproducts.\n            (3) Plant-based entree.--The term ``plant-based entree'' \n        means a combination of foods or a single food item offered as a \n        main course that--\n                    (A) meets the nutritional requirements described in \n                part 210.10 of title 7 of the Code of Federal \n                Regulations (as in effect on the date of the enactment \n                of this Act) as a meat alternate for food-based menu \n                planning or protein requirement for nutrient-based menu \n                planning for lunches that are reimbursable under the \n                Richard B. Russell National School Lunch Act (20 U.S.C. \n                1751 et seq.); and\n                    (B) contains no animal-based foods, products, or \n                byproducts.\n            (4) Secretary.--The term ``Secretary'' means the Secretary \n        of Agriculture.\n            (5) Substitute for fluid milk.--The term ``substitute for \n        fluid milk'' means a nondairy fluid milk that is nutritionally \n        equivalent to fluid dairy milk and meets the nutritional \n        standards established by the Secretary, which shall include \n        fortification of calcium, 6 or more grams of protein per 8-\n        ounce serving, vitamin A, vitamin D, magnesium, phosphorus, \n        potassium, riboflavin, and vitamin B12 to levels found in fluid \n        dairy milk.\n\nSEC. 4. HEALTHY SCHOOL MEALS PILOT PROGRAM.\n\n    (a) In General.--Not later than 6 months after the date of the \nenactment of this Act, the Secretary shall select school food \nauthorities to participate in a pilot program that evaluates the use of \nplant-based alternate protein products and substitute for fluid milk \nproducts under the school meal programs under the Richard B. Russell \nNational School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the \nChild Nutrition Act of 1966 (42 U.S.C. 1773).\n    (b) Selection and Program Requirements.--\n            (1) Selection requirements.--The Secretary shall select \n        school food authorities to participate in the pilot program \n        under this section that are nationally representative of school \n        food authorities in terms of size, geographic location, and \n        socioeconomic levels of students served.\n            (2) Program requirements.--In addition to the commodities \n        delivered under section 6(b) of the Richard B. Russell National \n        School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall \n        deliver to the school food authorities selected to participate \n        in the pilot program under this section, at no cost to the \n        school food authorities, plant-based alternate protein products \n        and substitute for fluid milk products for schools under the \n        jurisdiction of such school food authorities for the \n        preparation of daily meals under--\n                    (A) the school lunch program under the Richard B. \n                Russell National School Lunch Act (42 U.S.C. 1751 et \n                seq.); and\n                    (B) the school breakfast program under section 4 of \n                the Child Nutrition Act of 1966 (42 U.S.C. 1773).\n    (c) Evaluation.--Not later than 24 months after the date of the \nenactment of this Act the Secretary shall evaluate the pilot program \nconducted under this section to assess--\n            (1) which plant-based alternate protein products and \n        substitute for fluid milk products are superior with regard \n        to--\n                    (A) cost-effectiveness;\n                    (B) marketability to school food authorities;\n                    (C) ease of preparation and use; and\n                    (D) acceptance by children participating in the \n                school meal programs under the Richard B. Russell \n                National School Lunch Act (42 U.S.C. 1751 et seq.) and \n                section 4 of the Child Nutrition Act of 1966 (42 U.S.C. \n                1773).\n            (2) any other factors and outcomes associated with \n        increasing the availability of plant-based alternate protein \n        products and substitute for fluid milk products in schools, as \n        determined by the Secretary.\n    (d) Funds.--Not later than October 15, 2011, out of the funds in \nthe Treasury not otherwise appropriated, the Secretary of Treasury \nshall transfer to the Secretary of Agriculture $4,000,000 to carry out \nthis section. The Secretary of Agriculture shall be entitled to receive \nthe funds and shall accept the funds, without further appropriation.\n\nSEC. 5. PURCHASE OF PLANT-BASED COMMODITIES.\n\n    (a) Purchase of Plant-Based Commodities.--Not later than 24 months \nafter the date of the enactment of this Act, in addition to the \ncommodities delivered under section 6(b) of the Richard B. Russell \nNational School Lunch Act (42 U.S.C. 1755(b)), the Secretary shall \ndeliver plant-based alternate protein products and substitute for fluid \nmilk products that are determined to be superior according to the \nfindings of the evaluation conducted under section 4(c) for use in--\n            (1) the school lunch program under the Richard B. Russell \n        National School Lunch Act (42 U.S.C. 1751 et seq.); and\n            (2) the school breakfast program under section 4 of the \n        Child Nutrition Act of 1966 (42 U.S.C. 1773).\n    (b) Training.--The Secretary shall provide training materials to \nschools and school food authorities on the nutritional benefits and \npreparation of plant-based meat alternates and alternate protein \nproduct commodities for schoolchildren.\n\nSEC. 6. COMMODITY ASSISTANCE FOR PLANT-BASED OPTIONS.\n\n    (a) Rules.--Not later than 24 months after the date of the \nenactment of this Act, the Secretary shall promulgate rules that--\n            (1) based on the most recent Dietary Guidelines published \n        under section 301 of the National Nutrition Monitoring and \n        Related Research Act of 1990 (7 U.S.C. 5341), reflect specific \n        recommendations, expressed in serving recommendations, for \n        increased consumption of plant-based foods, including plant-\n        based meat alternates and plant-based entrees, in school \n        nutrition programs under the Richard B. Russell National School \n        Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act \n        of 1966 (42 U.S.C. 1771 et seq.); and\n            (2) provide for the distribution--\n                    (A) to any school food authority in which at least \n                two-thirds of the students served by the authority are \n                offered a plant-based entree as a menu item on each \n                daily school lunch menu, supplemental commodity \n                assistance or cash in lieu thereof under section 14 of \n                the Richard B. Russell National School Lunch Act 42 \n                U.S.C. 1762a) that--\n                            (i) is not less than 25 percent of the \n                        total commodity assistance or cash in lieu \n                        thereof provided to the school food authority \n                        during the preceding school year; and\n                            (ii) shall be used by the authority to \n                        purchase entirely plant-based commodity food \n                        products or substitute for fluid milk products;\n                    (B) to each State educational agency in which a \n                school food authority receives supplemental commodity \n                assistance or cash in lieu thereof pursuant to \n                paragraph (1), not more than 5 percent of such \n                assistance or cash; and\n                    (C) of increased levels of supplemental commodity \n                assistance or cash in lieu thereof to school food \n                authorities pursuant to paragraph (1) as school food \n                authorities increase the number of students who are \n                offered a plant-based entree as a menu item on each \n                daily school lunch menu.\n    (b) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section.\n\nSEC. 7. SUBSTITUTE FOR FLUID MILK.\n\n    (a) Amendments.--Section 9(a)(2) of the Richard B. Russell National \nSchool Lunch Act (42 U.S.C. 1958(a)(2)(A)) is amended to read as \nfollows:\n            ``(2) Fluid milk.--\n                    ``(A) In general.--Lunches served by schools \n                participating in the school lunch program under this \n                Act--\n                            ``(i) shall offer students fluid milk in a \n                        variety of fat contents; and\n                            ``(ii) may offer students flavored and \n                        unflavored fluid milk, lactose-free fluid milk, \n                        and a nondairy substitute for fluid milk.\n                    ``(B) Substitutes.--\n                            ``(i) Standards for substitution.--A school \n                        shall substitute for the fluid milk provided \n                        under subparagraph (A)(i), a nondairy beverage \n                        that is nutritionally equivalent to fluid milk \n                        and meets nutritional standards established by \n                        the Secretary (which shall, among other \n                        requirements to be determined by the Secretary, \n                        include fortification of calcium, vitamin A, \n                        vitamin D, magnesium, phosphorus, potassium, \n                        riboflavin, and vitamin B12 to levels found in \n                        fluid dairy milk, and not less than 6 grams of \n                        protein per 8-ounce serving) for students who \n                        cannot consume fluid milk because of a \n                        disability or medical or other special dietary \n                        need.\n                            ``(ii) Excess expenses borne by school food \n                        authority.--Expenses incurred in providing \n                        substitutions under this subparagraph that are \n                        in excess of expenses covered by reimbursements \n                        under this chapter shall be paid by the school \n                        food authority.''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect not later than 24 months after the date of the enactment of \nthis Act.","title":""}
+{"_id":"c223","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Helicopter Medical Services Patient \nSafety, Protection, and Coordination Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) The Federal Aviation Administration is responsible for \n        regulating civil aviation in the United States.\n            (2) Each State is responsible for the regulation of public \n        health planning and protection, patient safety and protection, \n        emergency medical services, the quality and coordination of \n        medical care, and the practice of medicine within its \n        jurisdiction.\n            (3) Helicopter medical services are an essential component \n        of the health care delivery and emergency medical services \n        system in each State and are integral to each State's \n        management of public health planning and protection, patient \n        safety and protection, emergency medical services, the quality \n        and coordination of medical care, and the practice of medicine \n        within the State's jurisdiction.\n            (4) Existing or future regulation of helicopter medical \n        services by the several States is in the public interest.\n            (5) Helicopter medical services represent a unique and \n        discrete area of air transportation because those services \n        present issues involving the adequacy and availability of \n        medical services to patients.\n            (6) Court rulings and statutory interpretations issued by \n        the Secretary of Transportation have imposed limitations on, \n        impeded, or prevented, the ability of States to effectively \n        regulate helicopter medical services in a manner similar to the \n        regulation of other health care services by the States.\n            (7) Those rulings and interpretations have concluded that \n        certain State actions related to public health planning and \n        protection, patient safety and protection, emergency medical \n        services, the quality and coordination of medical care, and the \n        practice of medicine, and related aspects of helicopter medical \n        services, are preempted by Federal law, either pursuant to the \n        preemption provisions of the Airline Deregulation Act of 1978 \n        (Public Law 95-504; 92 Stat. 1705) or through the application \n        of the ``field occupation'' preemption doctrine.\n            (8) The Airline Deregulation Act of 1978 did not \n        contemplate helicopter medical services, and the use of the Act \n        to strike down intrastate health-related regulations overseeing \n        the provision of helicopter medical services that would \n        otherwise be permissible with respect to any other segment of \n        the health care industry is not in the public interest.\n            (9) At the same time, it is also important to ensure that \n        the Federal Aviation Administration's plenary and exclusive \n        jurisdiction over matters of aviation safety is not infringed \n        by any State. Accordingly, any State health-related regulation \n        of helicopter medical services must be harmonized and shall not \n        be inconsistent with Federal regulation of aviation safety \n        because the safe operation of the helicopter medical services \n        flight is of paramount importance.\n            (10) Accordingly, there is a need for clarification of \n        existing Federal law so that States may regulate helicopter \n        medical services with respect to public health planning and \n        protection, patient safety and protection, emergency medical \n        services, the quality and coordination of medical care, and the \n        practice of medicine without infringing on the Federal \n        government's plenary power to regulate aviation safety.\n\nSEC. 3. CLARIFICATION OF STATE AUTHORITY OVER HELICOPTER MEDICAL \n              SERVICES.\n\n    (a) In General.--Chapter 401 of title 49, United States Code, is \namended by adding at the end the following:\n``Sec. 40130. Clarification of State authority over helicopter medical \n              services\n    ``(a) Clarification of State Authority.--Nothing in this subtitle \nshall prohibit a State from--\n            ``(1) requiring medical licenses for the provision of \n        helicopter medical services between locations within the State; \n        or\n            ``(2) prescribing regulations relating to the provision of \n        such services if such regulations are prescribed pursuant to \n        subsection (c), (d), or (e).\n    ``(b) Applicability of Federal Aviation Safety Authority.--No State \nhealth-related regulation established pursuant to this section shall \nsupersede or be inconsistent with any Federal operating requirement \nwith respect to aviation safety.\n    ``(c) State Authority Over Medical Services.--A State may prescribe \nregulations relating to the provision of helicopter medical services \nwith respect to the following:\n            ``(1) The medical qualifications and medical training of \n        helicopter medical personnel, except that a State may not \n        impose any requirement with respect to a pilot.\n            ``(2) The obligation of providers of helicopter medical \n        services to comply with the health planning, patient safety, \n        and medical service requirements of the State, including--\n                    ``(A) coordination of the interrelationship, \n                interaction, and agreements among providers of \n                helicopter medical services, providers of other \n                emergency medical services, providers of other medical \n                transport services, referring entities, and medical \n                institutions that receive patients transported by \n                providers of helicopter medical services with respect \n                to the transport of patients;\n                    ``(B) demonstration of adequate capacity to provide \n                helicopter medical services;\n                    ``(C) demonstration of the need for new or expanded \n                helicopter medical services;\n                    ``(D) determinations with respect to the number and \n                base location of helicopters used in the provision of \n                helicopter medical services within the State or region \n                of the State or the regulation of competition for \n                specific markets within the State;\n                    ``(E) affiliation with health care institutions;\n                    ``(F) sanitation and infection control protocols;\n                    ``(G) medical records requirements;\n                    ``(H) quality of medical care requirements, \n                including participation in patient safety and medical \n                quality control efforts, such as peer review processes, \n                utilization review, and error reporting systems; and\n                    ``(I) the proffer of gifts of monetary value (other \n                than training or educational programs) to referring \n                entities (or personnel employed by such entities) \n                within the State.\n    ``(d) State Authority Over Medical Services Subject to \nHarmonization Requirement.--A State may prescribe regulations relating \nto the provision of helicopter medical services with respect to the \nfollowing, if such regulations are harmonized with, and do not infringe \nupon, any applicable Federal operating requirements:\n            ``(1) The establishment of appropriate medical criteria for \n        determining the appropriate medical institution to receive a \n        patient being transported from the scene at which the patient's \n        injury or accident, or other event resulting in the need for \n        medical services for the patient, occurred.\n            ``(2) The specification of service requirements with \n        respect to geographic areas within the State or during \n        specified hours and days.\n            ``(3) The coordination of flight requests for emergency \n        helicopter medical services.\n            ``(4) The compliance with accreditation requirements \n        regarding medical services, except where such requirements \n        infringe upon relevant Federal operating requirements.\n            ``(5) The provision of emergency helicopter medical \n        services to all persons for whom such services are medically \n        necessary and appropriate.\n    ``(e) State Authority Over Medical Services Subject to Consistency \nRequirement.--\n            ``(1) In general.--Subject to paragraph (2), a State may \n        prescribe regulations relating to the provision of helicopter \n        medical services with respect to the following, if such \n        regulations are consistent with, and do not infringe upon, any \n        applicable Federal operating requirements:\n                    ``(A) The necessary medical equipment and supplies \n                to be carried on board or affixed to the helicopter.\n                    ``(B) The physical attributes of the helicopter--\n                            ``(i) necessary for the provision of \n                        quality medical care, including--\n                                    ``(I) permanently installed climate \n                                control systems capable of meeting \n                                specified temperature settings;\n                                    ``(II) a configuration that allows \n                                adequate access to the patient, medical \n                                equipment, and medical supplies by the \n                                helicopter medical personnel;\n                                    ``(III) use of materials in the \n                                helicopter that are appropriate for \n                                proper patient care;\n                                    ``(IV) sufficient electrical supply \n                                to support medical equipment without \n                                compromising helicopter power; and\n                                    ``(V) the ability of the helicopter \n                                to transport a patient a certain \n                                distance without refueling within the \n                                State; and\n                            ``(ii) necessary--\n                                    ``(I) for the protection of \n                                helicopter personnel, ground medical \n                                personnel, and emergency response \n                                personnel; and\n                                    ``(II) to ensure that the \n                                helicopter has no structural or \n                                functional defects that may adversely \n                                affect such personnel, such as by \n                                requiring tailroter illumination for \n                                loading patients at night or external \n                                search lights.\n                    ``(C) Communication capabilities enabling--\n                            ``(i) the helicopter medical personnel to \n                        communicate with emergency medical services and \n                        public safety personnel and personnel at \n                        medical institutions that receive patients \n                        transported by providers of helicopter medical \n                        services; and\n                            ``(ii) the flightcrew to communicate with \n                        the helicopter medical personnel, to the extent \n                        that the communications do not interfere with \n                        the safe operation of the flight.\n            ``(2) Limitations.--\n                    ``(A) Providers licensed in multiple states.--If a \n                provider of helicopter medical services is licensed to \n                provide such services in more than one State and the \n                regulations established pursuant to this subsection by \n                the States in which the provider is licensed are \n                inconsistent, the provider shall comply with the most \n                stringent of such regulations.\n                    ``(B) Nondelegation requirement.--A State may not \n                delegate authority provided under this subsection to a \n                political subdivision of the State.\n    ``(f) Interstate Agreements.--In regulating the provision of \nhelicopter medical services pursuant to this section, a State shall, if \nnecessary, establish regulations or negotiate mutual aid agreements \nwith adjacent States or providers of helicopter medical services in \nadjacent States to ensure access to helicopter medical services across \nState borders.\n    ``(g) Definitions.--In this section:\n            ``(1) Helicopter medical services.--The term `helicopter \n        medical services' means the helicopter transport of a patient, \n        in both emergency and nonemergency situations, as well as the \n        medical services provided to such patient in the course of \n        transport by such helicopter.\n            ``(2) Federal operating requirements.--The term `Federal \n        operating requirements' means requirements under part A of \n        subtitle VII of title 49, United States Code, and Federal \n        aviation regulations set forth in title 14, Code of Federal \n        Regulations.\n            ``(3) Referring entities.--The term `referring entity' \n        means any entity that dispatches or provides a referral for a \n        provider of helicopter medical services, such as a medical \n        institution, an agency providing emergency medical services, or \n        a first responder.''.\n    (b) Conforming Amendment.--The table of sections at the beginning \nof chapter 401 of title 49, United States Code, is amended by adding at \nthe end the following:\n\n``40130. Clarification of State authority over intrastate helicopter \n                            medical services.''.","title":""}
+{"_id":"c224","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Helping Responsible Homeowners \nAct''.\n\nSEC. 2. AFFORDABLE REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY \n              FANNIE MAE AND FREDDIE MAC.\n\n    (a) Definitions.--As used in this Act, the following definitions \nshall apply:\n            (1) Director.--The term ``Director'' means the Director of \n        the Federal Housing Finance Agency.\n            (2) Enterprise.--The term ``enterprise'' means the Federal \n        National Mortgage Association and the Federal Home Loan \n        Mortgage Corporation.\n            (3) Qualified mortgage.--The term ``qualified mortgage'' \n        means a mortgage that--\n                    (A) is an existing first mortgage that was made for \n                purchase of, or refinancing another first mortgage on, \n                a one- to four-family dwelling, including a condominium \n                or a share in a cooperative ownership housing \n                association, that is occupied by the mortgagor as the \n                principal residence of the mortgagor;\n                    (B) is owned or guaranteed by the Federal National \n                Mortgage Association or the Federal Home Loan Mortgage \n                Corporation; and\n                    (C) the mortgagor is current on payments due under \n                the mortgage.\n            (4) Refinancing mortgage.--The term ``refinancing \n        mortgage'' means a mortgage that meets the following \n        requirements:\n                    (A) Refinancing of qualified mortgage.--The \n                principal loan amount repayment of which is secured by \n                the mortgage shall be used to satisfy all indebtedness \n                under an existing qualified mortgage and any closing \n                costs from the refinancing of the mortgage that the \n                mortgagor chooses to include in the refinanced \n                mortgage.\n                    (B) Single-family housing.--The property that is \n                subject to the mortgage shall be the same property that \n                is subject to the qualified mortgage being refinanced.\n                    (C) Interest rate.--The mortgage shall bear a fair \n                rate of interest, which shall not exceed 40 basis \n                points above the required net yield for a 60-day \n                commitment to purchase a prime conventional conforming \n                fixed rate mortgage as published by the Federal \n                National Mortgage Association or the Federal Home Loan \n                Mortgage Corporation at the time the interest rate is \n                locked in.\n                    (D) Loan to value.--The mortgage shall not be \n                limited by the loan-to-value ratio.\n                    (E) Waiver of prepayment penalties.--All penalties \n                for prepayment or refinancing of the qualified mortgage \n                that is refinanced by the mortgage, and all fees and \n                penalties related to the default or delinquency on such \n                mortgage, shall have been waived or forgiven.\n                    (F) Term to maturity.--The mortgage shall have a \n                term to maturity of not more than 40 years from the \n                date of the beginning of the amortization of the \n                mortgage.\n    (b) Authority.--The Federal National Mortgage Association and the \nFederal Home Loan Mortgage Corporation shall each carry out a program \nunder this section to provide for the refinancing of qualified \nmortgages on single-family housing owned by such enterprise through a \nrefinancing mortgage, and for the purchase of and securitization of \nsuch refinancing mortgages, in accordance with this section and \npolicies and procedures that the Director of the Federal Housing \nFinance Agency shall establish. Such program shall require the Federal \nNational Mortgage Association and the Federal Home Loan Mortgage \nCorporation to purchase or guarantee the refinancing mortgage used to \nrefinance a qualified mortgage upon the request of the mortgagee.\n    (c) Prohibition on Loan Level Price Adjustments and Post Settlement \nDelivery Fees.--In carrying out the program established under this \nsection, the Federal National Mortgage Association and the Federal Home \nLoan Mortgage Corporation shall not charge the mortgagee any up-front \nfee beyond the standard guarantee fee for the refinancing of the \nqualified mortgage through the refinancing mortgage.\n    (d) Resubordination of Second Liens.--For any servicer or creditor \nholding a second lien on a qualified mortgage who refuses to \nresubordinate that lien, thereby preventing the refinancing of the \nqualified mortgage, new mortgages originated by that servicer or \ncreditor shall be ineligible for purchase or guarantee by the Federal \nNational Mortgage Association or the Federal Home Loan Mortgage \nCorporation.\n    (e) Termination.--The requirement for an enterprise to refinance \nqualified mortgages under this section shall not apply to any request \nfor refinancing made after the expiration of the 1-year period \nbeginning on the date of the enactment of this Act. Notwithstanding the \nprior sentence, the Director, at his or her discretion, may extend the \nprogram established under this section, and the requirements of such \nprogram shall apply during any such extension, in 1-year increments.\n    (f) Regulations.--The Director shall issue any regulations or \nguidance necessary to carry out the program established under this \nsection.\n\nSEC. 3. NOTICE OF THE REFINANCING PROGRAM.\n\n    The Federal National Mortgage Association and the Federal Home Loan \nMortgage Corporation shall require each servicer of a mortgage owned or \nguaranteed by each such enterprise to inform each borrower of such \nmortgage of the refinancing program authorized and established under \nsection 2.\n\nSEC. 4. REPORT.\n\n    The Director shall, as part of the monthly Foreclosure Prevention & \nRefinance Report published by the Director, include information on the \nprogress of the refinancing program authorized and established under \nsection 2.","title":""}
+{"_id":"c225","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Hereditary Hemorrhagic \nTelangiectasia Diagnosis and Treatment Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds as follows:\n            (1) Hereditary hemorrhagic telangiectasia (``HHT'') is a \n        largely undiagnosed or misdiagnosed vascular genetic bleeding \n        disorder that causes abnormalities of the blood vessels. A \n        person with HHT has the tendency to form blood vessels that \n        lack the capillaries between an artery and vein. HHT can cause \n        spontaneous hemorrhage or stroke when brain or lung \n        arteriovenous malformations, which are tangled blood vessels, \n        rupture unexpectedly in all age groups. In addition to \n        hemorrhagic stroke, embolic stroke, and brain abscess occur in \n        approximately 30 percent of individuals with HHT caused by \n        artery-vein malformations in the lung (due to lack of \n        capillaries between the arterial and venous systems which \n        prevent or normally filter out clots and bacteria), causing \n        disability and sudden premature death.\n            (2) One in 5,000 American children and adults suffer from \n        HHT.\n            (3) Studies have found an increase in morbidity and \n        mortality rate for individuals who suffer from HHT.\n            (4) Due to the widespread lack of knowledge, accurate \n        diagnosis, and appropriate intervention, 90 percent of HHT-\n        affected families are at risk for preventable life-threatening \n        and disabling medical incidents such as stroke.\n            (5) Early detection, screening, and treatment can prevent \n        premature deaths, spontaneous hemorrhage, hemorrhagic stroke, \n        embolic stroke, brain abscess, and other long-term health care \n        complications resulting from HHT.\n            (6) HHT is an important health condition with serious \n        health consequences which are amenable to early identification \n        and diagnosis with suitable tests, and acceptable and available \n        treatments in established treatment centers.\n            (7) Timely identification and management of HHT cases is an \n        important public health objective because it will save lives, \n        prevent disability, and reduce direct and indirect health care \n        costs expenditures.\n            (8) Without a new program for early detection, screening, \n        and treatment, 14,000 children and adults who suffer from HHT \n        in the population today will suffer premature death and \n        disability.\n\nSEC. 3. PURPOSE.\n\n    The purpose of this Act is to create a federally led and financed \ninitiative for early diagnosis and appropriate treatment of hereditary \nhemorrhagic telangiectasia that will result in the reduction of the \nsuffering of families, prevent premature death and disability, and \nlower health care costs through proven treatment interventions.\n\nSEC. 4. NATIONAL INSTITUTES OF HEALTH.\n\n    Part B of title IV of the Public Health Service Act (42 U.S.C. 284 \net seq.) is amended by adding at the end the following:\n\n``SEC. 409K. HEREDITARY HEMORRHAGIC TELANGIECTASIA.\n\n    ``(a) HHT Initiative.--\n            ``(1) Establishment.--The Secretary shall establish and \n        implement an HHT initiative to assist in coordinating \n        activities to improve early detection, screening, and treatment \n        of people who suffer from HHT. Such initiative shall focus on--\n                    ``(A) advancing research on the causes, diagnosis, \n                and treatment of HHT, including through the conduct or \n                support of such research; and\n                    ``(B) increasing physician and public awareness of \n                HHT.\n            ``(2) Consultation.--In carrying out this subsection, the \n        Secretary shall consult with the Director of the National \n        Institutes of Health and the Director of the Centers for \n        Disease Control and Prevention.\n    ``(b) HHT Coordinating Committee.--\n            ``(1) Establishment.--Not later than 60 days after the date \n        of the enactment of this section, the Secretary, in \n        consultation with the Director of the National Institutes of \n        Health, shall establish a committee to be known as the HHT \n        Coordinating Committee.\n            ``(2) Membership.--\n                    ``(A) In general.--The members of the Committee \n                shall be appointed by the Secretary, in consultation \n                with the Director of the National Institutes of Health, \n                and shall consist of 12 individuals who are experts in \n                HHT or arteriovenous malformation (AVM) as follows:\n                            ``(i) Four representatives of HHT Treatment \n                        Centers of Excellence designated under section \n                        317U(c)(1).\n                            ``(ii) Four experts in vascular, molecular, \n                        or basic science.\n                            ``(iii) Four representatives of the \n                        National Institutes of Health.\n                    ``(B) Chair.--The Secretary shall designate the \n                Chair of the Committee from among its members.\n                    ``(C) Interim members.--In place of the 4 members \n                otherwise required to be appointed under paragraph \n                (2)(A)(i), the Secretary may appoint 4 experts in \n                vascular, molecular, or basic science to serve as \n                members of the Committee during the period preceding \n                designation and establishment of HHT Treatment Centers \n                of Excellence under section 317U.\n                    ``(D) Publication of names.--Not later than 30 days \n                after the establishment of the Committee, the Secretary \n                shall publish the names of the Chair and members of the \n                Committee on the Website of the Department of Health \n                and Human Services.\n                    ``(E) Terms.--The members of the Committee shall \n                each be appointed for a 3-year term and, at the end of \n                each such term, may be reappointed.\n                    ``(F) Vacancies.--A vacancy on the Committee shall \n                be filled by the Secretary in the same manner in which \n                the original appointment was made.\n            ``(3) Responsibilities.--The Committee shall develop and \n        coordinate implementation of a plan to advance research and \n        understanding of HHT by--\n                    ``(A) conducting or supporting basic, \n                translational, and clinical research on HHT across the \n                relevant national research institutes, national \n                centers, and offices of the National Institutes of \n                Health, including the National Heart, Lung, and Blood \n                Institute; the National Institute of Neurological \n                Disorders and Stroke; the National Institutes of \n                Diabetes and Digestive and Kidney Diseases; the Eunice \n                Kennedy Shriver National Institute of Child Health and \n                Human Development; the National Cancer Institute; and \n                the Office of Rare Diseases; and\n                    ``(B) conducting evaluations and making \n                recommendations to the Secretary, the Director of the \n                National Institutes of Health, and the Director of the \n                National Cancer Institute regarding the prioritization \n                and award of National Institutes of Health research \n                grants relating to HHT, including with respect to \n                grants for--\n                            ``(i) expand understanding of HHT through \n                        basic, translational, and clinical research on \n                        the cause, diagnosis, prevention, control, and \n                        treatment of HHT;\n                            ``(ii) training programs on HHT for \n                        scientists and health professionals; and\n                            ``(iii) HHT genetic testing research to \n                        improve the accuracy of genetic testing.\n    ``(c) Definitions.--In this section:\n            ``(1) The term `Committee' means the HHT Coordinating \n        Committee established under subsection (b).\n            ``(2) The term `HHT' means hereditary hemorrhagic \n        telangiectasia.''.\n\nSEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION.\n\n    Part B of title III of the Public Health Service Act is amended by \ninserting after section 317T (42 U.S.C. 247b-22) the following:\n\n``SEC. 317U. HEREDITARY HEMORRHAGIC TELANGIECTASIA.\n\n    ``(a) In General.--With respect to hereditary hemorrhagic \ntelangiectasia (in this section referred to as `HHT'), the Director of \nthe Centers for Disease Control and Prevention (in this section \nreferred to as the `Director') shall carry out the following \nactivities:\n            ``(1) The conduct of population screening described in \n        subsection (c).\n            ``(2) The identification and conduct of investigations to \n        further develop and support guidelines for diagnosis of, and \n        intervention for, HHT, including cost-benefit studies.\n            ``(3) The development of a standardized survey and \n        screening tool on family history.\n            ``(4) The establishment, in collaboration with a voluntary \n        health organization representing HHT families, of an HHT \n        resource center within the Centers for Disease Control and \n        Prevention to provide comprehensive education on, and \n        disseminate information about, HHT to health professionals, \n        patients, industry, and the public.\n            ``(5) The conduct or support of public awareness programs \n        in collaboration with medical, genetic, and professional \n        organizations to improve the education of health professionals \n        about HHT.\n    ``(b) Collaborative Approaches.--The Director shall carry out this \nsection through collaborative approaches within the National Center on \nBirth Defects and Developmental Disabilities and the Division for Heart \nDisease and Stroke Prevention of the Centers for Disease Control and \nPrevention.\n    ``(c) Population Screening.--In carrying out population screening \nunder subsection (a)(1), the Director shall--\n            ``(1) designate and provide funding for a sufficient number \n        of HHT Treatment Centers of Excellence to improve patient \n        access to information, treatment, and care by HHT experts;\n            ``(2) conduct surveillance through a regional population \n        study, supplemented by sentinel health care provider or center \n        surveillance, and administrative database analyses as useful to \n        accurately identify--\n                    ``(A) the prevalence of HHT; and\n                    ``(B) the prevalence of hemorrhagic and embolic \n                stroke and brain abscess, resulting from HHT;\n            ``(3) include HHT screening questions in the Behavioral \n        Risk Factor Surveillance System survey conducted by the Centers \n        for Disease Control and Prevention in order to screen a broader \n        population and more accurately determine the prevalence of HHT;\n            ``(4) disseminate data collected under paragraph (2)(B) to \n        the Paul Coverdell National Acute Stroke Registry, to be \n        utilized for analyses of natural history of hemorrhagic and \n        embolic stroke in HHT, and to develop screening and artery-vein \n        malformation treatment guidelines specific to prevention of \n        complications from HHT;\n            ``(5) develop and implement programs, targeted for \n        physicians and health care professional groups likely to be \n        accessed by families with HHT, to increase HHT diagnosis and \n        treatment rates through the--\n                    ``(A) establishment of a partnership with HHT \n                Treatment Centers of Excellence designated under \n                paragraph (1) through the creation of an international \n                database of patients assessed at such HHT Treatment \n                Centers of Excellence (including with respect to \n                phenotype information, genotype information, \n                transfusion dependence, and radiological findings);\n                    ``(B) integration of such database with the \n                universal data collection system used by the Centers \n                for monitoring hemophilia with the blood disorders and \n                the Paul Coverdell National Acute Stroke Registry; and\n                    ``(C) inclusion of other medical providers who \n                treat HHT patients; and\n            ``(6) use existing administrative databases on non-HHT \n        Treatment Center of Excellence patients to learn about the \n        natural history of HHT, the efficacy of various treatment \n        modalities, and to better inform and develop screening and \n        treatment guidelines associated with improvement in health care \n        outcomes, and research priorities relevant to HHT.\n    ``(d) Eligibility for Designation as HHT Treatment Center of \nExcellence.--In carrying out subsection (c)(1), the Director may \ndesignate as an HHT Treatment Center of Excellence only academic health \ncenters demonstrating each of the following:\n            ``(1) The academic health center possesses a team of \n        medical experts capable of providing comprehensive evaluation, \n        treatment, and education to individuals with known or suspected \n        HHT and their health care providers.\n            ``(2) The academic health center has sufficient personnel \n        with knowledge about HHT, or formal collaboration with \n        partnering organizations for personnel or resources, to be able \n        to--\n                    ``(A) respond in a coordinated, multidisciplinary \n                way to patient inquiries; and\n                    ``(B) coordinate evaluation, treatment, and \n                education of patients and their families in a timely \n                manner.\n            ``(3) The academic health center has the following \n        personnel, facilities, and patient volume:\n                    ``(A) A medical director with--\n                            ``(i) specialized knowledge of the main \n                        organ manifestations of HHT; and\n                            ``(ii) the ability to coordinate the \n                        multidisciplinary diagnosis and treatment of \n                        patients referred to the center.\n                    ``(B) Administrative staff with--\n                            ``(i) sufficient knowledge to respond to \n                        patient inquiries and coordinate patient care \n                        in a timely fashion; and\n                            ``(ii) adequate financial support to allow \n                        the staff to commit at least 25 to 50 percent \n                        of their time on the job to HHT.\n                    ``(C) An otolaryngologist with experience and \n                expertise in the treatment of recurrent epistaxis in \n                HHT patients.\n                    ``(D) An interventional radiologist with experience \n                and expertise in the treatment of pulmonary \n                arteriovenous malformations (AVM).\n                    ``(E) A genetic counselor or geneticist with the \n                expertise to provide HHT-specific genetic counseling to \n                patients and families.\n                    ``(F) On-site facilities to screen for all major \n                organ manifestations of HHT.\n                    ``(G) A patient volume of at least 25 new HHT \n                patients per year.\n                    ``(H) Established mechanisms to coordinate \n                surveillance and outreach with HHT patient advocacy \n                organizations.''.\n\nSEC. 6. ADDITIONAL HEALTH AND HUMAN SERVICES ACTIVITIES.\n\n    With respect to hereditary hemorrhagic telangiectasia (in this sec \nreferred to as ``HHT''), the Secretary of Health and Human Services, \nacting through the Administrator of the Centers for Medicare & Medicaid \nServices, shall award grants on a competitive basis--\n            (1) for an analysis by grantees of the Medicare Provider \n        Analysis and Review (MEDPAR) file to develop preliminary \n        estimates on the total costs to the Medicare program under \n        title XVIII of the Social Security Act for items, services, and \n        treatments for HHT furnished to individuals with HHT who are \n        entitled to benefits under part A of title XVIII of the Social \n        Security Act or enrolled under part B of such title; and\n            (2) to make recommendations regarding an enhanced data \n        collection protocol to permit a more precise determination of \n        the total costs described in paragraph (1).\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n    (a) In General.--To carry out section 409K of the Public Health \nService Act as added by section 4 of this Act, section 317U of the \nPublic Health Service Act as added by section 5 of this Act, and \nsection 6 of this Act, there is authorized to be appropriated \n$5,000,000 for each of fiscal years 2012 through 2016.\n    (b) Resource Center.--Of the amount authorized to be appropriated \nunder subsection (a) for each of fiscal years 2012 through 2016, \n$1,000,000 shall be for carrying out section 317U(a)(4) of the Public \nHealth Service Act, as added by section 5 of this Act.","title":""}
+{"_id":"c226","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Highway Trust Fund Integrity Act of \n1997''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1)(A) the Budget Enforcement Act of 1990 split the Federal \n        budgeting process into two budget categories, one for receipts \n        and mandatory spending and the other for discretionary \n        spending; and\n            (B) each budget category has its own rules, procedures, and \n        incentives;\n            (2) the taxes deposited into the Highway Trust Fund are in \n        the mandatory category, but most spending from the Highway \n        Trust Fund is in the discretionary category;\n            (3) since the Highway Trust Fund is split between the two \n        budget categories, the link between Highway Trust Fund taxes \n        and transportation spending is severed; and\n            (4) to reestablish the link between the taxes and spending \n        of the Highway Trust Fund, all the components of the Highway \n        Trust Fund should be part of the same budget category and \n        subject to the same budget rules and procedures.\n\nSEC. 3. DEFINITION.\n\n    (a) Balanced Budget and Emergency Deficit Control Act of 1985.--\nSection 250(c) of the Balanced Budget and Emergency Deficit Control Act \nof 1985 (2 U.S.C. 900(c)) is amended by adding at the end the \nfollowing:\n            ``(22) Revenue constrained fund.--The term `revenue \n        constrained fund'--\n                    ``(A) means the budget authority, outlays, and \n                receipts of the--\n                            ``(i) the Highway Account of the Highway \n                        Trust Fund as established by section 9503 of \n                        the Internal Revenue Code of 1986;\n                    ``(B) shall not be--\n                            ``(i) considered to be part of any category \n                        (as defined in section 250(c)(4) of the \n                        Balanced Budget and Emergency Deficit Control \n                        Act of 1985 (2 U.S.C. 900(c)(4))) of \n                        discretionary appropriations; or\n                            ``(ii) subject to sequestration under \n                        section 251(a) of the Act (2 U.S.C. 901(a)); \n                        and\n                    ``(C) shall not be--\n                            ``(i) considered to be part of direct \n                        spending (as defined in section 250(c)(8) of \n                        the Balanced Budget and Emergency Deficit \n                        Control Act of 1985 (2 U.S.C. 900(c)(8))); or\n                            ``(ii) subject to sequestration under \n                        section 252(b) of the Act (2 U.S.C. 902(b)).''.\n    (b) Congressional Budget Act of 1974.--Section 3 of the \nCongressional Budget Act of 1974 (2 U.S.C. 622) is amended by adding at \nthe end thereof the following:\n            ``(11) Revenue constrained fund.--The term `revenue \n        constrained fund' has the meaning given that term in section \n        250(c) of the Balanced Budget and Emergency Deficit Control Act \n        of 1985 (2 U.S.C. 900(c)).''.\n\nSEC. 4. BUDGETARY TREATMENT.\n\n    (a) In General.--Part A of title IV of the Congressional Budget Act \nof 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the \nfollowing:\n\n                      ``revenue constrained funds\n\n    ``Sec. 408. It shall not be in order in either the House of \nRepresentatives or the Senate to consider any bill, joint resolution, \namendment, motion, conference report, or other measure if the effect of \nthe measure would have the effect of increasing any specific new budget \nauthority for a fiscal year for a revenue constrained fund above the \namount made available by section 251B(b)(2) of the Balanced Budget and \nEmergency Deficit Control Act of 1985.''.\n    (b) Point of Order.--Subsections (c) and (d) of section 904 of the \nCongressional Budget Act of 1974 are each amended by inserting after \n``306,'' the following: ``408,''.\n    (c) Amendment to Table of Contents.--The table of contents for the \nCongressional Budget Impoundment Control Act of 1974 is amended by \nadding at the end of title IV the following:\n\n``Sec. 408. Revenue constrained funds.''.\n\nSEC. 5. SEQUESTER.\n\n    (a) In General.--Part C of the Balanced Budget and Emergency \nDeficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended by \ninserting after section 251A the following:\n\n``SEC. 251B. SEQUESTRATION WITH RESPECT TO REVENUE CONSTRAINED FUNDS.\n\n    ``(a) Budget Authority Limits.--Amounts available from a revenue \nconstrained fund shall be reduced by the amount necessary to eliminate \nany amount by which budget authority in the budget year from the \nrevenue constrained fund exceed the amount deposited in the revenue \nconstrained fund in the previous fiscal year.\n    ``(b) Amount Available.--\n            ``(1) Initial estimate.--\n                    ``(A) In general.--On October 1 of each year OMB \n                shall estimate the total amount of revenues deposited \n                into each revenue constrained fund during the previous \n                fiscal year.\n                    ``(B) Initial amount available.--An amount equal to \n                40 percent of the total amount of revenues is estimated \n                to be deposited in a revenue constrained fund under \n                subparagraph (A) shall be available for obligation in \n                the budget year on the date of the estimate under \n                subparagraph (A).\n            ``(2) Final estimate.--\n                    ``(A) In general.--On December 15 of each year OMB \n                shall determine the total amount of revenues deposited \n                into each revenue constrained fund during the previous \n                fiscal year.\n                    ``(B) Amount available.--An amount equal to the \n                total amount of revenues determined to be deposited in \n                a revenue constrained fund under subparagraph (A)--\n                            ``(i) shall be the total amount available \n                        for obligation in the budget year on the date \n                        of the determination under subparagraph (A); \n                        and\n                            ``(ii) shall replace the amount made \n                        available under paragraph (1).\n    ``(c) Look-Back.--If--\n            ``(1) an appropriation for the fiscal year in progress is \n        enacted that causes a budgetary excess in a revenue constrained \n        fund as described in subsection (a) for that year; or\n            ``(2) errors in the determination made pursuant to \n        subsection (b)(2) cause a budgetary excess in a revenue \n        constrained fund for the fiscal year in progress;\nthe level set forth in subsection (b)(2) for the next fiscal year shall \nbe reduced by the amount of that excess.''.\n    (b) Amendment to Table of Contents.--The table of contents for the \nBalanced Budget and Emergency Deficit Control Act of 1985 is amended by \nadding after the item for section 251A the following:\n\n``Sec. 251B. Sequestration with respect to revenue constrained \n                            funds.''.\n\nSEC. 5. BUDGETARY IMPACT.\n\n    (a) Findings and Purpose.--\n            (1) Findings.--The Congress finds that--\n                    (A) the United States has substantial surface \n                transportation and infrastructure needs; and\n                    (B) this Act will result in additional spending \n                from the Highway Account of the Highway Trust Fund to \n                help address these substantial needs.\n            (2) Purpose.--The purpose of this section is to clarify \n        that any budgetary offset necessary because of the additional \n        spending provided by this Act should not come from surface \n        transportation programs.\n    (b) Sequestration.--The budgetary impact of the amendments made by \nthis Act shall not be considered for purposes of sequestration under \nsections 251 or 252 of the Balanced Budget and Emergency Deficit \nControl Act of 1985 (2 U.S.C. 901, 902).\n    (c) Discretionary Spending Limitations.--OMB shall reduce \ndiscretionary spending limits for budget authority and outlays in \naccordance with the Balanced Budget and Emergency Deficit Control Act \nof 1985 for each applicable fiscal year set forth in section \n601(a)(2)--\n            (1) for budget authority, by an amount equal to the total \n        amount of discretionary budget authority provided from the \n        Highway Account of the Highway Trust Fund in the Department of \n        Transportation and Related Agencies Appropriations Act, 1997; \n        and\n            (2) for outlays, by an amount equal to an estimate of the \n        amount of discretionary outlays that would be expended from the \n        Highway Account of the Highway Trust Fund assuming that the \n        total amount of new budget authority and obligation authority \n        from the Highway Account of the Highway Trust Fund equaled the \n        amounts of new budget authority and obligation authority \n        provided from the Highway Account of the Highway Trust Fund in \n        the Department of Transportation and Related Agencies \n        Appropriations Act, 1997.\n\nSEC. 6. STUDY TO ENSURE THAT THE HIGHWAY TRUST FUND IS DEFICIT NEUTRAL.\n\n    (a) Findings.--The Congress finds the following:\n            (1) It is the policy of the United States Government that \n        the Highway Trust Fund should not contribute to or reduce the \n        Federal Government's annual budget deficit.\n            (2) Under current budgetary scorekeeping conventions used \n        by both the Congressional Budget Office and the Office of \n        Management and Budget, increases in Highway Trust Fund revenue \n        generated by tax increases are partially offset by a reduction \n        in other Federal revenues that is equal to 25 percent of the \n        increase in Highway Trust Fund revenue.\n            (3) This 25 percent offset is a scorekeeping convention \n        that applies to all excise taxes, and is not uniquely applied \n        to Highway Trust Fund taxes.\n            (4) An up-to-date examination of how this offset should be \n        applied to Highway Trust Fund taxes is needed.\n    (b) Report.--\n            (1) In general.--Not later than 24 months after the date of \n        enactment of this Act, the Secretary of Treasury, in \n        consultation with the Director of the Office of Management and \n        Budget, shall submit a report to Congress on ensuring the \n        deficit neutrality of the Highway Trust Fund.\n            (2) Contents.--In the report, the Secretary shall--\n                    (A) determine the extent to which each of the taxes \n                deposited into the Highway Trust Fund is a deductible \n                expense from other Federal taxes;\n                    (B) provide an estimate of the amount of Highway \n                Trust Fund taxes that were deducted from Federal income \n                taxes or other taxes;\n                    (C) provide an estimate of the annual revenue loss \n                because Highway Trust Fund taxes are deductible from \n                other Federal taxes;\n                    (D) determine the appropriate scorekeeping \n                convention that should apply to Highway Trust Fund \n                taxes, or if needed, separately to each of the taxes \n                now deposited into the Highway Trust Fund; and\n                    (E) provide the Congress with policy options that \n                would ensure that changes to the Highway Trust Fund \n                taxes do not contribute to the deficit.","title":""}
+{"_id":"c227","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Hire Just One Act of 2013''.\n\nSEC. 2. TREATMENT OF EMPLOYMENT ASSISTANCE VOUCHER PROGRAMS.\n\n    (a) Use of Unemployment Fund for Employment Assistance Voucher \nProgram.--\n            (1) State law.--Section 3304(a)(4) of the Internal Revenue \n        Code of 1986 is amended by striking ``and'' at the end of \n        subparagraph (F), by inserting ``and'' at the end of \n        subparagraph (G), and by adding at the end the following new \n        subparagraph:\n                    ``(H) during the 120-day period beginning on the \n                date of the enactment of the Hire Just One Act of 2013, \n                amounts may be withdrawn for the payment of allowances \n                under an employment assistance voucher program (as \n                defined in section 3306(v));''.\n            (2) Permissible expenditures.--Section 3306(f) of such Code \n        is amended--\n                    (A) by striking ``and'' at the end of paragraph \n                (5),\n                    (B) by redesignating the paragraph relating to the \n                self-employment assistance program as paragraph (6) and \n                striking the period at the end of such paragraph and \n                inserting ``; and'', and\n                    (C) by adding at the end the following new \n                paragraph:\n            ``(7) during the 120-day period beginning on the date of \n        the enactment of the Hire Just One Act of 2013, amounts may be \n        withdrawn for the payment of allowances under an employment \n        assistance voucher program (as defined in subsection (v)).''.\n    (b) Employment Assistance Voucher Program Defined.--Section 3306 of \nsuch Code is amended by adding at the end the following new subsection:\n    ``(v) Employment Assistance Voucher Program.--For the purposes of \nthis chapter--\n            ``(1) In general.--The term `employment assistance voucher \n        program' means a program under which--\n                    ``(A) an eligible individual is issued an \n                employment assistance voucher,\n                    ``(B) upon employment with an employer described in \n                paragraph (5)--\n                            ``(i) the eligible individual transfers the \n                        employment assistance voucher to the employer,\n                            ``(ii) the individual ceases to receive \n                        unemployment compensation and is paid wages by \n                        the employer, and\n                            ``(iii) the employer receives payments upon \n                        presenting the voucher to the State, and\n                    ``(C) the program meets such other requirements as \n                the Secretary of Labor determines to be appropriate.\n            ``(2) Rules relating to unemployed individuals.--For \n        purposes of paragraph (1)--\n                    ``(A) Compensation.--Compensation pursuant to \n                paragraph (1)(B)(ii) shall--\n                            ``(i) not be less than 200 percent of the \n                        unemployment compensation otherwise payable to \n                        the individual on the date of the individual's \n                        employment under the employment assistance \n                        voucher program,\n                            ``(ii) not be less than the minimum wage \n                        (as specified in section 6 of the Fair Labor \n                        Standards Act of 1938),\n                            ``(iii) be payable for a period not to \n                        exceed the maximum number of remaining weeks of \n                        unemployment compensation (including \n                        supplemental and emergency) to which the \n                        employee would be entitled (but for \n                        participating in the employment assistance \n                        voucher program), determined as of the date of \n                        employment.\n                    ``(B) Termination of employment.--If, before the \n                end of the period referred to in subparagraph (A)(iii), \n                an individual's employment with an employer under the \n                employment assistance voucher program is terminated for \n                reasons other than cause, the individual is entitled to \n                the remaining period of entitlement referred to in \n                subparagraph (A)(iii) less the number of weeks of such \n                employment.\n                    ``(C) Certain requirements not to apply.--State \n                requirements relating to availability for work, active \n                search for work, and refusal to accept work are not \n                applicable to individuals participating in the \n                employment assistance voucher program.\n            ``(3) Employment assistance voucher.--The term `employment \n        assistance voucher' means a voucher--\n                    ``(A) obtained by an eligible individual pursuant \n                to the State law,\n                    ``(B) payable to the employer of the eligible \n                individual--\n                            ``(i) at a rate determined under State law \n                        but not to exceed 90 percent of the amount of \n                        unemployment compensation to which the eligible \n                        individual is entitled, and\n                            ``(ii) on the same schedule as unemployment \n                        compensation would be payable to the individual \n                        but for employment under the employment \n                        assistance voucher program.\n            ``(4) Eligible individual.--The term `eligible individual' \n        means an individual who--\n                    ``(A) is eligible to receive regular unemployment \n                compensation under the State law, extended \n                unemployment, or emergency unemployment or would be \n                eligible to receive such compensation except for the \n                requirements described in paragraph (1)(B),\n                    ``(B) is identified pursuant to a State worker \n                profiling system as an individual likely to exhaust \n                regular unemployment compensation,\n                    ``(C) immediately prior to employment by the \n                eligible employer, was unemployed for not less than 6 \n                months, and\n                    ``(D) is employed by an eligible employer.\n            ``(5) Eligible employer.--The term `eligible employer' \n        means an employer who agrees to the terms and conditions of \n        employment under the unemployment assistance voucher program \n        and who is approved by the State agency.\n            ``(6) Treatment of participating individuals under federal \n        and state law.--Individuals participating in an unemployment \n        assistance voucher program shall be treated as unemployed for \n        the purposes of Federal and State laws applicable to \n        unemployment compensation, except that wages paid to the \n        employee under such program shall be subject to Federal and \n        State taxation to the same extent and in the same manner as \n        wages generally.\n            ``(7) Cost limiter.--A State program shall not be treated \n        as an employment assistance voucher program for purposes of \n        this chapter unless the program does not result in any cost to \n        the Unemployment Trust Fund (established by section 904(a) of \n        the Social Security Act) in excess of the cost that would be \n        incurred by such State and charged to such Fund, or to any \n        Federal funds in the system if the State had not participated \n        in such program.\n            ``(8) Prevention of employment termination to participate \n        in program.--A State program shall not be treated as an \n        employment assistance voucher program for purposes of this \n        chapter unless the State has in effect measures to prevent \n        employers from terminating employment for purposes of \n        participating in the employment assistance voucher program.\n            ``(9) Prevention in terminating employees during program.--\n        A State program shall not be treated as an employment \n        assistance voucher program for purposes of this chapter unless \n        the State has in effect measures to recoup payments made to an \n        employer under the program if the employer has terminated from \n        employment more employees during the 120-day period referred to \n        in section 3304(a)(4)(H) than the employer has hired under the \n        program.''.\n    (c) Conforming Amendment.--Section 303(a)(5) of the Social Security \nAct (42 U.S.C. 503(a)(5)) is amended by striking ``; and'' and \ninserting ``: Provided further, That amounts may be withdrawn for the \npayment of allowances under an employment assistance voucher program \n(as defined in section 3306(v) of the Internal Revenue Code of 1986); \nand''.\n    (d) State Reports.--Any State operating an employment assistance \nvoucher program approved by the Secretary of Labor pursuant to section \n3304(a)(4)(H) of the Internal Revenue Code of 1986 (as added by this \nsection) shall report annually to the Secretary on the number of \nindividuals who participate in the program, the operating costs of the \nprogram, compliance with program requirements, and any other relevant \naspects of program operations requested by the Secretary.\n    (e) Report to Congress.--Not later than 1 year after the date of \nthe enactment of this Act, the Secretary of Labor shall submit a report \nto the Congress with respect to the operation of the employment \nassistance voucher program. Such report shall be based on the reports \nreceived from the States pursuant to subsection (d) and include such \nother information as the Secretary of Labor determines is appropriate.\n    (f) Effective Date.--The provisions of this section and the \namendments made by this section shall take effect on the date of the \nenactment of this Act.","title":""}
+{"_id":"c228","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Home Health Care Planning \nImprovement Act of 2007''.\n\nSEC. 2. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES.\n\n    (a) In General.--Section 1814(a)(2) of the Social Security Act (42 \nU.S.C. 1395f(a)(2)), in the matter preceding subparagraph (A), is \namended--\n            (1) by inserting ``(as those terms are defined in section \n        1861(aa)(5))'' after ``clinical nurse specialist''; and\n            (2) by inserting ``, or in the case of services described \n        in subparagraph (C), a physician, or a nurse practitioner or \n        clinical nurse specialist who is working in collaboration with \n        a physician in accordance with State law, or a certified nurse-\n        midwife (as defined in section 1861(gg)) as authorized by State \n        law, or a physician assistant (as defined in section \n        1861(aa)(5)) under the supervision of a physician'' after \n        ``collaboration with a physician''.\n    (b) Conforming Amendments.--(1) Section 1814(a) of the Social \nSecurity Act (42 U.S.C. 1395f(a)) is amended--\n            (A) in paragraph (2)(C), by inserting ``, a nurse \n        practitioner, a clinical nurse specialist, a certified nurse-\n        midwife, or a physician assistant (as the case may be)'' after \n        ``physician'' each place it appears;\n            (B) in the second sentence, by striking ``or clinical nurse \n        specialist'' and inserting ``clinical nurse specialist, \n        certified nurse-midwife, or physician assistant'';\n            (C) in the third sentence--\n                    (i) by striking ``physician certification'' and \n                inserting ``certification'';\n                    (ii) by inserting ``(or on January 1, 2008, in the \n                case of regulations to implement the amendments made by \n                section 2 of the Home Health Care Planning Improvement \n                Act of 2007)'' after ``1981''; and\n                    (iii) by striking ``a physician who'' and inserting \n                ``a physician, nurse practitioner, clinical nurse \n                specialist, certified nurse-midwife, or physician \n                assistant who''; and\n            (D) in the fourth sentence, by inserting ``, nurse \n        practitioner, clinical nurse specialist, certified nurse-\n        midwife, or physician assistant'' after ``physician''.\n    (2) Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) \nis amended--\n            (A) in paragraph (2)--\n                    (i) in the matter preceding subparagraph (A), by \n                inserting ``or, in the case of services described in \n                subparagraph (A), a physician, or a nurse practitioner \n                or clinical nurse specialist (as those terms are \n                defined in 1861(aa)(5)) who is working in collaboration \n                with a physician in accordance with State law, or a \n                certified nurse-midwife (as defined in section \n                1861(gg)) as authorized by State law, or a physician \n                assistant (as defined in section 1861(aa)(5)) under the \n                supervision of a physician'' after ``a physician''; and\n                    (ii) in each of clauses (ii) and (iii) of \n                subparagraph (A) by inserting ``, a nurse practitioner, \n                a clinical nurse specialist, a certified nurse-midwife, \n                or a physician assistant (as the case may be)'' after \n                ``physician'';\n            (B) in the third sentence, by inserting ``, nurse \n        practitioner, clinical nurse specialist, certified nurse-\n        midwife, or physician assistant (as the case may be)'' after \n        physician;\n            (C) in the fourth sentence--\n                    (i) by striking ``physician certification'' and \n                inserting ``certification'';\n                    (ii) by inserting ``(or on January 1, 2008, in the \n                case of regulations to implement the amendments made by \n                section 2 of the Home Health Care Planning Improvement \n                Act of 2007)'' after ``1981''; and\n                    (iii) by striking ``a physician who'' and inserting \n                ``a physician, nurse practitioner, clinical nurse \n                specialist, certified nurse-midwife, or physician \n                assistant who''; and\n            (D) in the fifth sentence, by inserting ``, nurse \n        practitioner, clinical nurse specialist, certified nurse-\n        midwife, or physician assistant'' after ``physician''.\n    (3) Section 1861 of the Social Security Act (42 U.S.C. 1395x) is \namended--\n            (A) in subsection (m)--\n                    (i) in the matter preceding paragraph (1)--\n                            (I) by inserting ``a nurse practitioner or \n                        a clinical nurse specialist (as those terms are \n                        defined in subsection (aa)(5)), a certified \n                        nurse-midwife (as defined in section 1861(gg)), \n                        or a physician assistant (as defined in \n                        subsection (aa)(5))'' after ``physician'' the \n                        first place it appears; and\n                            (II) by inserting ``a nurse practitioner, a \n                        clinical nurse specialist, a certified nurse-\n                        midwife, or a physician assistant'' after \n                        ``physician'' the second place it appears; and\n                    (ii) in paragraph (3), by inserting ``a nurse \n                practitioner, a clinical nurse specialist, a certified \n                nurse-midwife, or a physician assistant'' after \n                ``physician''; and\n            (B) in subsection (o)(2)--\n                    (i) by inserting ``, nurse practitioners or \n                clinical nurse specialists (as those terms are defined \n                in subsection (aa)(5)), certified nurse-midwives (as \n                defined in section 1861(gg)), or physician assistants \n                (as defined in subsection (aa)(5))'' after \n                ``physicians''; and\n                    (ii) by inserting ``, nurse practitioner, clinical \n                nurse specialist, certified nurse-midwife, physician \n                assistant,'' after ``physician''.\n    (4) Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is \namended--\n            (A) in subsection (c)(1), by inserting ``, the nurse \n        practitioner or clinical nurse specialist (as those terms are \n        defined in section 1861(aa)(5)), the certified nurse-midwife \n        (as defined in section 1861(gg)), or the physician assistant \n        (as defined in section 1861(aa)(5)),'' after ``physician''; and\n            (B) in subsection (e)--\n                    (i) in paragraph (1)(A), by inserting ``, a nurse \n                practitioner or clinical nurse specialist (as those \n                terms are defined in section 1861(aa)(5)), a certified \n                nurse-midwife (as defined in section 1861(gg)), or a \n                physician assistant (as defined in section \n                1861(aa)(5))'' after ``physician''; and\n                    (ii) in paragraph (2)--\n                            (I) in the heading, by striking ``Physician \n                        certification'' and inserting ``Rule of \n                        construction regarding requirement for \n                        certification''; and\n                            (II) by striking ``physician''.\n    (c) Effective Date.--The amendments made by this section shall \napply to items and services furnished on or after January 1, 2008.","title":""}
+{"_id":"c229","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Homeowners Empowerment and \nProtection Act of 1995''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds and declares that--\n            (1) there are 65,000,000 homeowners in the United States, \n        representing approximately two-thirds of all households, who \n        have a strong and justified interest in preserving and \n        enhancing the value of their property;\n            (2) the value of a homeowner's home is based in large part \n        on the location of the property relative to other features of \n        the built and natural environment, and the increase or decrease \n        in the value of a home over time is inextricably linked to \n        changes in the quality of the neighborhood and environment in \n        which the home is located, including but not limited to the \n        quality of the water for drinking, fishing, and swimming, the \n        clarity and healthfulness of the air, the risk of flooding, the \n        scenic beauty of the community, the presence or absence of \n        offensive odors and excessive noise, the health and abundance \n        of wildlife resources, and other factors;\n            (3) the value of homes in the United States is frequently \n        reduced, and sometimes destroyed, by certain types of land \n        development, industrial activity, and other actions that occur \n        on neighboring properties or at other locations, including \n        sites upwind, upstream, or upslope from private homes;\n            (4) protecting private homeowners from the adverse affects \n        of irresponsible actions of certain entities and individuals \n        which cause injury to homeowners' property values is important \n        not only to homeowners but also to their communities and \n        society as a whole; and\n            (5) current public information and participation procedures \n        are often insufficient to provide individual homeowners with \n        notice of activities and the opportunity to effectively \n        participate in decisionmaking procedures that have the \n        potential to significantly affect the value of their homes.\n\nSEC. 3. HOMEOWNER RIGHT OF ACCESS TO INFORMATION ABOUT ACTIVITIES THAT \n              COULD REDUCE THE VALUE OF THEIR HOMES.\n\n    (a) Notice.--\n            (1) General requirement.--Within 90 days after the \n        enactment of this Act, the Director of the Office of Management \n        and Budget shall establish uniform Federal procedures \n        applicable to all agencies under this section. In accordance \n        with such procedures, each agency shall require any person \n        required to file any application to conduct property impacting \n        activity with the agency to provide the notice described in \n        this section. The Director shall designate a lead agency in the \n        case of any application under this section that involves more \n        than one agency.\n            (2) Application to conduct property impacting activity.--\n        For purposes of this section, the term an ``application to \n        conduct property impacting activity'' means an application for \n        a permit, license, or other approval form, or contract, lease, \n        or other arrangement, with an agency, that would authorize the \n        applicant, pursuant to Federal law, to conduct an activity that \n        generates pollutants or produces other adverse impacts with the \n        potential to reduce the value of any private home.\n            (3) Homeowners required to receive notice.--The notice \n        under this section shall be provided by delivery, by certified \n        mail, of individual written notice to each homeowner whose \n        property lies within \\1\/4\\ mile of the perimeter of the site at \n        which the activity that is the subject of the application will \n        be carried out. The applicant shall also publish notice under \n        this subsection at least 3 times in the newspapers of general \n        circulation in the affected community. The agency may also \n        provide notice under this subsection by mail to the owner of \n        any home identified by the agency as reasonably likely \nto suffer a reduction in value as a result of the proposed activity.\n            (4) Notice contents.--The notice referred to in paragraph \n        (2) shall describe the nature of the application to conduct \n        property impacting activity, the potential impacts of the \n        proposed activity on the value of private homes, potential \n        impacts on homeowners and other members of the public, the name \n        and telephone number of the applicant and an agency \n        representative assigned to provide further information about \n        the application, and any opportunities available for homeowner \n        or other affected members of the public to comment on the \n        proposed activity.\n    (b) Public Response; Identification of Alternatives to Reduce \nProperty Impacts.--In addition to and not in lieu of any other \nprocedures established by law, each agency shall establish a toll-free \ntelephone number which homeowners may call to register concerns about \nthe potential effects on property values of an application for a \nproposed activity or to request additional information concerning \napplications to conduct property impacting activities filed with the \nagency and opportunities to submit public comment. If requested by an \napplicant or any homeowner whose property is reasonably likely to \nsuffer a reduction in value as a result of the activity to be \nauthorized by such application, the agency shall thoroughly investigate \nthe potential impact of the proposed activity on the value of private \nhomes, and seek to identify alternatives to the proposed action which \nreduce the adverse effects on the value of private homes.\n\nSEC. 4. HOMEOWNER RIGHT OF ACTION.\n\n    (a) Right of Action.--Whenever any person has carried out any \nactivity that--\n            (1) is authorized (or required to be authorized) by a \n        permit, license, or other approval issued by an agency or \n        pursuant to Federal law to such person, or by a contract, \n        lease, or other arrangement between such person and an agency, \n        and\n            (2) generates pollutants or produces other adverse impacts \n        that cause or significantly contribute to a total reduction in \n        the value of one or more private homes of $10,000 or more,\nany owner of a private home, the value of which is reduced by such \nactivity, may commence an action against such person under this \nsection.\n    (b) Notice of Intent to Sue and Voluntary Claim Resolution \nProcedures.--At least 30 days prior to filing an action under this \nsection, a homeowner shall deliver a notice of intent to sue to the \ndefendant and to the head of the agency to which the application to \nconduct property impacting activity is submitted or required to be \nsubmitted or which has authority to enter into the contract, lease, or \nother arrangement. If either the homeowner or the defendant requests \nthat the agency resolve the claim, the agency head shall convene a \nmeeting of the parties and use his or her best efforts to arrive at a \njust resolution of the claim in order to avoid unnecessary litigation \ncosts. Such efforts shall not affect the right of the homeowner to \nbring an action under this section at any time after the expiration of \nthe 30-day period referred to in this subsection.\n    (c) Burden of Proof.--In any action under this section, the \nhomeowner shall have the burden of demonstrating that the activity \nconducted by the defendant caused or contributed to a reduction in the \nvalue of the homeowner's home.\n    (d) Class Actions.--Similarly affected homeowners are authorized to \nfile suit under this section in accordance with rule 23 of the Federal \nRules of Civil Procedure in Federal district court in the district \nwhere his or her home is located.\n    (e) Remedy.--Any homeowner authorized to bring suit under this \nsection shall be entitled to recover an amount equal to the reduction \nin the value of the homeowner's home caused or significantly \ncontributed to by the activity referred to in subsection (a), except \nthat such compensation may not exceed the median value (as determined \nby the court) of all private homes in the immediate vicinity of the \nhomeowner's home.\n    (f) Attorneys Fees.--Any homeowner who receives compensation under \nthis section shall be awarded reasonable attorney's fees, including the \ncost of expert witnesses and other reasonable costs.\n    (g) Injunction.--In addition to providing compensation under this \nsection, whenever any activity that is the subject of an action under \nthis section constitutes a violation of any Federal statute, \nregulation, permit, license, contract, lease, or other arrangement or \nform of approval, the court may enjoin such activity.\n    (h) Jurisdiction.--The United States district court shall have \noriginal jurisdiction, concurrent with State courts, of any action \nbrought under this section.\n    (i) Frivolous or Otherwise Improper Lawsuits.--If the court \ndismisses any action under this section after finding that the \nplaintiff's case was frivolous, dilatory, abusive, or brought to harass \nthe defendant or for any other improper purpose, in addition to any \nother sanction available to the court under the Federal Rules of Civil \nProcedure, the court may, upon motion by the defendant, order the \nplaintiff to pay the defendant's reasonable attorney's fees and other \nexpenses reasonably incurred by the defendant in participating in the \nlitigation.\n    (j) Statute of Limitations.--No action may be brought under this \nsection with respect to any private home or homes after the date 5 \nyears after the date on which the total reduction in the value of such \nhome or homes has reached $10,000.\n    (k) Savings Provisions.--\n            (1) Prohibition of limitation on other claims.--No \n        provision of this Act shall be construed to limit the rights of \n        any person to pursue any claim or cause of action under the \n        Constitution or any other law (including a claim or cause of \n        action concerning real or personal property).\n            (2) Prohibition of use as condition precedent.--\n        Commencement of a suit under this Act, or receipt of \n        compensation under this Act, shall not be a condition precedent \n        for any claim or cause of action under any other authority of \n        law.\n\nSEC. 5. EFFECTIVE DATE.\n\n    This Act shall apply to each permit, license, or other form of \napproval issued by an agency after the date 180 days after the \nenactment of this Act and to each contract, lease, or other arrangement \nentered into by an agency after the date 180 days after the enactment \nof this Act.\n\nSEC. 6. DEFINITIONS.\n\n    As used in this Act:\n            (1) Agency.--The term ``agency'' has the meaning given that \n        term in section 551(1) of title 5, United States Code.\n            (2) Potential to reduce the value.--An activity that \n        generates pollutants or produces other adverse impacts shall be \n        considered to have the potential to reduce the value of any \n        private home whenever such activity may result in physical \n        damage or any other unlawful or objectively unreasonable \n        interference with the use and enjoyment of a private home.\n            (3) Private home.--The term ``private home'' means any \n        owner occupied dwelling, including any multi-family dwelling \n        and any condominium.\n            (4) Reduction in value.--For any private home affected by \n        an activity referred to in section 4, the term ``reduction in \n        value'' means the difference (estimated based on values at the \n        time an action is brought under this section) between the fair \n        market value of the home, and the fair market value of the home \n        in the absence of such activity.\n            (5) Person.--The term ``person'' means any individual, \n        corporation, partnership, or other organization or entity other \n        than a Federal, State, or local government agency.","title":""}
+{"_id":"c23","text":"SECTION 1. EXCHANGE OVERSIGHT.\n\n    Subtitle D of title I of the Patient Protection and Affordable Care \nAct (42 U.S.C. 18021 et seq.) is amended by adding at the end the \nfollowing:\n\n                      ``PART 6--EXCHANGE OVERSIGHT\n\n``SEC. 1351. BOARD OF DIRECTORS AND CEO.\n\n    ``(a) In General.--There is established the Marketplace Health \nInsurance Corporation headed by a Chief Executive Officer and directed \nby a Board of Directors, to oversee management of the Federal Exchange \nand State Exchanges, and to provide health insurance oversight.\n    ``(b) CEO.--\n            ``(1) In general.--The President shall appoint a Chief \n        Executive Officer, by and with the consent of the Senate, who \n        shall be responsible for administering the Federal Exchange, \n        for overseeing State Exchanges, and for health insurance \n        oversight.\n            ``(2) Authorities and duties.--The Chief Executive Officer \n        shall--\n                    ``(A) report directly to the President;\n                    ``(B) be accountable for implementation of the \n                Federal Exchange and oversight of the State Exchanges;\n                    ``(C) be responsible for all Federal health \n                insurance oversight; and\n                    ``(D) serve the public interest of individuals \n                seeking health insurance, serve businesses seeking \n                access to health coverage through the Exchanges, and \n                ensure the efficient operation and function of the \n                Exchanges.\n            ``(3) Requirement.--To be eligible for appointment as Chief \n        Executive Officer, an individual shall have a background in \n        health care issues and private-sector management experience.\n    ``(c) Board of Directors.--\n            ``(1) Establishment.--There is established a Board of \n        Directors of the Marketplace Health Insurance Corporation.\n            ``(2) Duties.--The Board of Directors shall advise the \n        Chief Executive Officer on the operation of the Federal \n        Exchange, implementation of the State Exchanges, and health \n        insurance oversight, including--\n                    ``(A) the functionality of healthcare.gov (or any \n                subsequent Internet site), including SHOP exchanges;\n                    ``(B) ensuring that enrollment information is \n                properly transferred from healthcare.gov (or any \n                subsequent Internet site) to State Medicaid agencies;\n                    ``(C) accuracy of enrollee information submitted \n                through the Exchanges;\n                    ``(D) ensuring the accuracy of advanced premium tax \n                credits;\n                    ``(E) ensuring the accuracy of payment to insurers;\n                    ``(F) enhancement of the consumer experience when \n                comparing plans, including out-of-pocket costs, and \n                searching for a specific provider or drug formulary;\n                    ``(G) overseeing the selection of plans offered on \n                the Federal Exchange, including sufficient network \n                adequacy and transparency requirements;\n                    ``(H) providing recommendations to the Secretary of \n                the Treasury with respect to the implementation of \n                section 4980H of the Internal Revenue Code of 1986 and \n                potential policy changes with respect to such section \n                and associated reporting requirements;\n                    ``(I) creating an automated appeals system for \n                healthcare.gov (or any subsequent Internet site);\n                    ``(J) overseeing the transition from a State \n                Exchange to the Federal Exchange;\n                    ``(K) enabling online enrollment in health \n                insurance plans through the Exchanges for small \n                businesses and employee choice for employees of small \n                businesses;\n                    ``(L) overseeing the Federal contracting related to \n                healthcare.gov (or any subsequent Internet site);\n                    ``(M) providing recommendations to the Office of \n                Personal Management on the oversight and administration \n                of the multi-State plan program; and\n                    ``(N) additional matters, as determined by the \n                Secretary of Health and Human Services, the Chief \n                Executive Officer, or President.\n            ``(3) Membership.--The Board of Directors shall be \n        comprised of the following:\n                    ``(A) The Secretary of Health and Human Services.\n                    ``(B) The Administrator of the Centers for Medicare \n                & Medicaid Services.\n                    ``(C) The Commissioner of the Internal Revenue \n                Service.\n                    ``(D) The Administrator of the Small Business \n                Administration.\n                    ``(E) Three representatives of the private sector \n                who have demonstrated knowledge in individual health \n                care coverage, small employer health care coverage, \n                administering a public or private health care delivery \n                system, operating complex information system \n                technologies, or promoting health and wellness, \n                appointed by the Comptroller General of the United \n                States.\n            ``(4) Terms.--\n                    ``(A) Officers of the federal government.--Each \n                member of the Board of Directors described in \n                subparagraphs (A) through (D) of paragraph (3) shall \n                serve for a term that is concurrent with the member's \n                term as an officer within the Federal department or \n                agency.\n                    ``(B) Other members.--Each member of the board \n                described in paragraph (3)(E) shall be appointed for a \n                term of 3 years and may be reappointed for a term of an \n                additional 2 years.\n            ``(5) Chairperson.--The Secretary of Health and Human \n        Services shall serve as Chair of the Board of Directors.\n    ``(d) Technical Advisory Committee.--\n            ``(1) In general.--To assist the Chief Executive Officer \n        and Board of Directors in carrying out their duties, the Board \n        of Directors shall establish a technical advisory committee.\n            ``(2) Membership.--The technical advisory committee shall \n        be comprised of the following:\n                    ``(A) One technical expert from the Centers for \n                Medicare & Medicaid Administration.\n                    ``(B) One representative of the health insurance \n                industry.\n                    ``(C) One representative of health care consumer \n                groups.\n                    ``(D) One representative of the National \n                Association of Insurance Commissioners.\n                    ``(E) One representative of the State Medicaid \n                agencies.\n                    ``(F) One representative from the small business \n                community.\n                    ``(G) One representative of Federal information \n                technology contractors involved in the operation and \n                development of healthcare.gov (or any subsequent \n                Internet site).\n                    ``(H) At the discretion of the Chair of the Board \n                of Directors, up to 2 additional members, selected by \n                the Chair and approved by the Chief Executive Officer.\n            ``(3) Chair.--The Chair of the Board of Directors shall \n        appoint one member of the technical advisory committee to serve \n        as Chair of such committee.\n            ``(4) Terms.--Each member of the technical advisory \n        committee shall be appointed for a term of 3 years and may be \n        reappointed for a term of an additional 2 years.\n    ``(e) Work Plan and Report.--\n            ``(1) Work plan.--Not later than 3 months after the date of \n        enactment of this section, the Chief Executive Officer, in \n        cooperation with the Board of Directors, shall develop a work \n        plan with respect to duties described in subsection (c)(2), \n        indicating the priority and schedule the Board of Directors \n        will take in addressing such duties. The work plan shall be \n        displayed on healthcare.gov (or any subsequent Internet site).\n            ``(2) Annual report.--Not later than February 1 of each \n        year, the Chief Executive Officer, in consultation with the \n        Board of Directors, shall submit an annual report to the \n        President and Congress on the status of the Federal Exchange \n        and related insurance oversight, including progress made on the \n        duties of the Chief Executive Officer and Board of Directors \n        under subsection (c)(2) and remaining issues to be addressed to \n        enhance the functionality of healthcare.gov (or any subsequent \n        Internet site).''.","title":""}
+{"_id":"c230","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Housing Assistance Authorization Act \nof 2007''.\n\nSEC. 2. LIMITATION ON USE OF AUTHORIZED AMOUNTS.\n\n    None of the amounts authorized by this Act may be used to lobby or \nretain a lobbyist for the purpose of influencing a Federal, State, or \nlocal governmental entity or officer.\n\nSEC. 3. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.\n\n    (a) Use.--The Secretary of Housing and Urban Development may \nprovide financial assistance to the Housing Assistance Council for use \nby such Council to develop the ability and capacity of community-based \nhousing development organizations to undertake community development \nand affordable housing projects and programs in rural areas. Assistance \nprovided by the Secretary under this section may be used by the Housing \nAssistance Council for--\n            (1) technical assistance, training, support, and advice to \n        develop the business and administrative capabilities of rural \n        community-based housing development organizations;\n            (2) loans, grants, or other financial assistance to rural \n        community-based housing development organizations to carry out \n        community development and affordable housing activities for \n        low- and moderate-income families; and\n            (3) such other activities as may be determined by the \n        Secretary and the Housing Assistance Council.\n    (b) Authorization of Appropriations.--There is authorized to be \nappropriated for financial assistance under this section for the \nHousing Assistance Council--\n            (1) $5,000,000 for fiscal year 2008; and\n            (2) $10,000,000 for each of fiscal years 2009 and 2010.\n\nSEC. 4. ASSISTANCE FOR RAZA DEVELOPMENT FUND.\n\n    (a) Use.--The Secretary of Housing and Urban Development may make a \ngrant to the Raza Development Fund for the purpose of providing \ntechnical and financial assistance to local non-profit organizations to \nundertake community development and affordable housing projects and \nprograms serving low- and moderate-income households, particularly \nthrough organizations located in neighborhoods with substantial \npopulations of income-disadvantaged households of Hispanic origin. \nAssistance provided by the Secretary under this section may be used by \nthe Raza Development Fund to--\n            (1) provide technical and financial assistance for site \n        acquisition and development, construction financing, and short- \n        and long-term financing for housing, community facilities, and \n        economic development;\n            (2) leverage capital from private entities, including \n        private financial institutions, insurance companies, and \n        private philanthropic organizations;\n            (3) provide technical assistance, training, support, and \n        advice to develop the management, financial, and administrative \n        capabilities of housing development organizations serving low-\n        income households, including Hispanic households; and\n            (4) conduct such other activities as may be determined by \n        the Secretary and the Raza Development Fund.\n    (b) Authorization of Appropriations.--There is authorized to be \nappropriated for grants under this section--\n            (1) $5,000,000 for fiscal year 2008; and\n            (2) $10,000,000 for each of fiscal years 2009 and 2010.\n\nSEC. 5. ASSISTANCE FOR THE HOUSING PARTNERSHIP NETWORK.\n\n    (a) Use.--The Secretary of Housing and Urban Development may make a \ngrant to the Housing Partnership Network (hereafter referred to as the \n``Network'') for the purpose of creating, sustaining, and improving \naccess to affordable housing and community facilities that benefit very \nlow-, low- and moderate-income households and communities. Assistance \nprovided by the Secretary under this section may be used by the Network \nto--\n            (1) make investments, loans, and grants to its member \n        nonprofits that demonstrate expertise in using such funds to \n        leverage additional private capital to build, operate, finance, \n        and sustain affordable housing and related community \n        development facilities;\n            (2) make investments in entities sponsored by the Network \n        with the intent to leverage additional private capital for the \n        purpose of furthering the production capacity, sustainability, \n        or efficiency of its members;\n            (3) pay for the necessary and reasonable expenses of the \n        Network to administer and oversee such investments, including \n        the cost of underwriting, managing the assets of the Network, \n        and reporting to the Secretary and other capital providers, \n        provided however, that such expenses do not exceed 6 percent of \n        any amounts made available pursuant to subsection (b); and\n            (4) conduct such other activities as may be determined by \n        the Secretary and the Network.\n    (b) Authorization of Appropriations.--There is authorized to be \nappropriated for grants under this section--\n            (1) $5,000,000 for fiscal year 2008; and\n            (2) $10,000,000 for each of fiscal years 2009 and 2010.\n\nSEC. 6. AUDITS AND REPORTS.\n\n    (a) Audit.--In any year in which an entity or organization \ndescribed under either section 3, 4, or 5 receives funds under this \nAct, the Comptroller General of the United States shall--\n            (1) audit the financial transactions and activities of such \n        entity or organization only with respect to such funds so \n        received; and\n            (2) submit a report detailing such audit to the Committee \n        on Banking, Housing, and Urban Affairs of the Senate and the \n        Committee on Financial Services of the House of \n        Representatives.\n    (b) GAO Report.--The Comptroller General of the United States shall \nconduct a study and submit a report to the Committee on Banking, \nHousing, and Urban Affairs of the Senate and the Committee on Financial \nServices of the House of Representative on the use of any funds \nappropriated to an entity or organization described under either \nsection 3, 4, or 5 over the past 10 years.\n\nSEC. 7. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES.\n\n    None of the funds made available under this Act may be used to \nprovide direct housing assistance to any person not lawfully present in \nthe United States.","title":""}
+{"_id":"c231","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Housing Authority Funding Fairness \nAct of 2007''.\n\nSEC. 2. VOUCHER RENEWAL FUNDING.\n\n    Section 8 of the United States Housing Act of 1937 (42 U.S.C. \n1437f) is amended by striking subsection (dd) and inserting the \nfollowing new subsection:\n    ``(dd) Tenant-Based Vouchers.--\n            ``(1) Authorization of appropriations.--There are \n        authorized to be appropriated, for each of fiscal years 2008 \n        through 2012, such sums as may be necessary for tenant-based \n        assistance under subsection (o) for the following purposes:\n                    ``(A) To renew all expiring annual contributions \n                contracts for tenant-based rental assistance.\n                    ``(B) To provide tenant-based rental assistance \n                for--\n                            ``(i) relocation and replacement of housing \n                        units that are demolished or disposed of \n                        pursuant to the Omnibus Consolidated \n                        Rescissions and Appropriations Act of 1996 \n                        (Public Law 104-134);\n                            ``(ii) conversion of section 23 projects to \n                        assistance under this section;\n                            ``(iii) the family unification program \n                        under subsection (x) of this section;\n                            ``(iv) relocation of witnesses in \n                        connection with efforts to combat crime in \n                        public and assisted housing pursuant to a \n                        request from a law enforcement or prosecution \n                        agency;\n                            ``(v) enhanced vouchers authorized under \n                        subsection (t) of this section;\n                            ``(vi) vouchers in connection with the HOPE \n                        VI program under section 24;\n                            ``(vii) demolition or disposition of public \n                        housing units pursuant to section 18 of the \n                        United States Housing Act of 1937 (42 U.S.C. \n                        1437p);\n                            ``(viii) mandatory and voluntary \n                        conversions of public housing to vouchers, \n                        pursuant to sections 33 and 22 of the United \n                        States Housing Act of 1937, respectively (42 \n                        U.S.C. 1437z-5, 1437t);\n                            ``(ix) vouchers necessary to comply with a \n                        consent decree or court order;\n                            ``(x) vouchers transferred from another \n                        public housing agency; and\n                            ``(xi) tenant protection assistance, \n                        including replacement and relocation \n                        assistance.\n            ``(2) Allocation of renewal funding among public housing \n        agencies.--\n                    ``(A) From amounts appropriated for each year \n                pursuant to paragraph (1)(A), the Secretary shall \n                provide renewal funding for each public housing \n                agency--\n                            ``(i) based on leasing and costs from the \n                        prior year, as adjusted by an annual adjustment \n                        factor to be established by the Secretary;\n                            ``(ii) by making any adjustments necessary \n                        to provide for the first-time renewal of \n                        vouchers funded under paragraph (1)(B); and\n                            ``(iii) by making such other adjustments as \n                        the Secretary considers appropriate.\n                    ``(B) Leasing and cost data.--For purposes of \n                subparagraph (A)(i), leasing and cost data shall be \n                calculated not less often than biennially by using the \n                average for the calendar year that, at the time of such \n                calculation, is the most recently completed calendar \n                year for which the Secretary determines data is \n                available, substantially verifiable, and complete. Such \n                leasing data shall be adjusted to include vouchers that \n                were set aside under a commitment to provide project-\n                based assistance under subsection (o)(13).\n                    ``(C) Moving to work.--Notwithstanding \n                subparagraphs (A) and (B), each public housing agency \n                participating at any time in the moving to work \n                demonstration under section 204 of the Departments of \n                Veterans Affairs and Housing and Urban Development, and \n                Independent Agencies Appropriations Act, 1996 (42 \n                U.S.C. 1437f note) or in the Moving to Work program \n                under section 36 of this Act shall be funded pursuant \n                to its agreement under such program and shall be \n                subject to any pro rata adjustment made under \n                subparagraph (D).\n                    ``(D) Pro rata allocation.--\n                            ``(i) Insufficient funds.--To the extent \n                        that amounts made available for a fiscal year \n                        are not sufficient to provide each public \n                        housing agency with the full allocation for the \n                        agency determined pursuant to subparagraphs (A) \n                        and (C), the Secretary shall reduce such \n                        allocation for each agency on a pro rata basis, \n                        except that renewal funding of enhanced \n                        vouchers under section 8(t) shall not be \n                        subject to such proration.\n                            ``(ii) Excess funds.--To the extent that \n                        amounts made available for a fiscal year exceed \n                        the amount necessary to provide each housing \n                        agency with the full allocation for the agency \n                        determined pursuant to subparagraphs (A) and \n                        (C), such excess amounts shall be used for the \n                        purposes specified in subparagraphs (B) and (C) \n                        of paragraph (4).\n            ``(3) Advances.--\n                    ``(A) Authority.--During the last 3 months of each \n                calendar year, the Secretary shall provide amounts to \n                any public housing agency, at the request of the \n                agency, in an amount up to two percent of the \n                allocation for the agency for such calendar year.\n                    ``(B) Use.--Amounts advanced under subparagraph (A) \n                may be used to pay for additional voucher costs, \n                including costs related to temporary overleasing.\n                    ``(C) Repayment.--Amounts advanced under \n                subparagraph (A) in a calendar year shall be repaid to \n                the Secretary in the subsequent calendar year by \n                reducing the amounts made available for such agency for \n                such subsequent calendar year pursuant to allocation \n                under paragraph (2) by an amount equal to the amount so \n                advanced to the agency.\n            ``(4) Recapture.--\n                    ``(A) In general.--The Secretary shall recapture, \n                from amounts provided under the annual contributions \n                contract for a public housing agency for a calendar \n                year, all amounts allocated under paragraph (2) that \n                are unused by the agency at the end of each calendar \n                year.\n                    ``(B) Reallocation.--Not later than May 1 of each \n                calendar year, the Secretary shall--\n                            ``(i) calculate the aggregate unused \n                        amounts for the preceding year recaptured \n                        pursuant to subparagraph (A);\n                            ``(ii) set aside and make available such \n                        amounts as the Secretary considers appropriate \n                        to reimburse public housing agencies for \n                        increased costs related to portability and \n                        family self-sufficiency activities during such \n                        year; and\n                            ``(iii) reallocate all remaining amounts \n                        among public housing agencies that, in the \n                        preceding year, used at least 99 percent of \n                        amounts allocated under paragraph (2) for the \n                        agency and leased fewer than the number of \n                        vouchers authorized for the agency; except that \n                        the Secretary may establish priority for \n                        allocation of such amounts to public housing \n                        agencies that leased fewer vouchers in such \n                        preceding year than in the 12-month period \n                        ending April 1, 2004.\n                    ``(C) Use.--Amounts reallocated to a public housing \n                agency pursuant to subparagraph (B)(iii) may be used \n                only to increase voucher leasing rates to the level \n                authorized for the agency.''.","title":""}
+{"_id":"c232","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Human Cloning Prohibition Act of \n1998''.\n\nSEC. 2. FINDING.\n\n    Congress finds that in order to prevent the creation of a cloned \nhuman individual through human somatic cell nuclear transfer \ntechnology, it is right and proper to prohibit the creation of cloned \nhuman embryos that would never have the opportunity for implantation \nand that would therefore be created solely for research that would \nultimately lead to their destruction.\n\nSEC. 3. PROHIBITION ON CLONING.\n\n    (a) In General.--Title 18, United States Code, is amended by \ninserting after chapter 15, the following:\n\n                         ``CHAPTER 16--CLONING\n\n        ``Sec.\n        ``301. Prohibition on cloning.\n``Sec. 301 Prohibition on cloning\n    ``(a) In General.--It shall be unlawful for any person or entity, \npublic or private, in or affecting interstate commerce, to use human \nsomatic cell nuclear transfer technology.\n    ``(b) Importation.--It shall be unlawful for any person or entity, \npublic or private, to import an embryo produced through human somatic \ncell nuclear transfer technology.\n    ``(c) Penalties.--\n            ``(1) In general.--Any person or entity who is convicted of \n        violating any provision of this section shall be fined \n        according to the provisions of this title or sentenced to up to \n        10 years in prison, or both.\n            ``(2) Civil penalty.--Any person or entity who is convicted \n        of violating any provision of this section shall be subject to, \n        in the case of a violation that involves the derivation of a \n        pecuniary gain, a civil penalty of not more than an amount \n        equal to the amount of the gross gain multiplied by 2.\n    ``(d) Definition.--The term `human somatic cell nuclear transfer \ntechnology' means taking the nuclear material of a human somatic cell \nand incorporating it into an oocyte from which the nucleus has been \nremoved or rendered inert and producing an embryo (including a \npreimplantation embryo).''.\n    (b) Clerical Amendment.--The table of chapters for part I of title \n18, United States Code, is amended by inserting after the item relating \nto chapter 15, the following:\n\n``16. Cloning Sec. 301''....................................\n\nSEC. 4. COMMISSION TO PROMOTE A NATIONAL DIALOGUE ON BIOETHICS.\n\n    (a) Establishment.--There is established within the Institute of \nMedicine a commission to be known as the National Commission to Promote \na National Dialogue on Bioethics (referred to in this section as the \n``Commission'').\n    (b) Membership.--\n            (1) Number and appointment.--The Commission shall be \n        composed of 25 members, of whom--\n                    (A) 6 shall be appointed by the Majority Leader of \n                the Senate;\n                    (B) 6 shall be appointed by the Minority Leader of \n                the Senate;\n                    (C) 6 shall be appointed by the Speaker of the \n                House of Representatives; and\n                    (D) 6 shall be appointed by the Minority Leader of \n                the House of Representatives; and\n                    (E) 1, who shall serve as the Chairperson of the \n                Commission, to be appointed jointly by the Majority \n                Leader of the Senate, and the Speaker of the House of \n                Representatives, in consultation with the Minority \n                Leader of the Senate and the Minority Leader of the \n                House of Representatives.\n            (2) Requirements.--Each individual described in \n        subparagraph (A) through (D) of paragraph (1) shall ensure that \n        members appointed to the Commission are representative of the \n        fields of law, theology, philosophy or ethics, medicine, \n        science, and society.\n            (3) Deadline for appointment.--Members of the Commission \n        shall be appointed by not later than December 1, 1998.\n            (4) Terms of appointment.--A member of the Commission \n        appointed under paragraph (1) shall serve for a term of 3 \n        years. Members may not serve consecutive terms.\n            (5) Meetings.--The Commission shall meet at the call of its \n        Chairperson or a majority of its members.\n            (6) Quorum.--A quorum shall consist of 13 members of the \n        Commission.\n            (7) Vacancies.--A vacancy on the Commission shall be filled \n        in the same manner in which the original appointment was made \n        not later than 30 days after the Commission is given notice of \n        the vacancy and shall not affect the power of the remaining \n        members to execute the duties of the Commission.\n            (8) Compensation.--Members of the Commission shall receive \n        no additional pay, allowances, or benefits by reason of their \n        service on the Commission.\n            (9) Expenses.--Each member of the Commission shall receive \n        travel expenses and per diem in lieu of subsistence in \n        accordance with sections 5702 and 5703 of title 5, United \n        States Code.\n    (c) Duties of the Commission.--The Commission shall provide an \nindependent forum for broad public participation and discourse \nconcerning important bioethical issues including cloning, and provide \nfor a report to Congress concerning the findings, conclusions, and \nrecommendations of the Commission concerning Federal policy and \npossible Congressional action.\n    (d) Staff and Support Services.--\n            (1) Staff.--With the approval of the Commission, the \n        chairperson of the Commission may appoint such personnel as the \n        chairperson considers appropriate.\n            (2) Applicability of civil service laws.--The staff of the \n        Commission shall be appointed without regard to the provisions \n        of title 5, United States Code, governing appointments in the \n        competitive service, and shall be paid without regard to the \n        provisions of chapter 51 and subchapter III of chapter 53 of \n        such title (relating to classification and General Schedule pay \n        rates).\n            (3) Experts and consultants.--With the approval of the \n        Commission, the chairperson may procure temporary and \n        intermittent services under section 3109(b) of title 5, United \n        States Code.\n            (4) Physical facilities.--The Administrator of the General \n        Services Administration shall locate suitable office space for \n        the operation of the Commission. The facilities shall serve as \n        the headquarters of the Commission and shall include all \n        necessary equipment and incidentals required for the proper \n        functioning of the Commission.\n    (e) Powers of Commission.--\n            (1) Hearings and other activities.--For the purpose of \n        carrying out its duties, the Commission may hold such public \n        hearings and undertake such other activities as the Commission \n        determines to be necessary to carry out its duties.\n            (2) Detail of federal employees.--Upon the request of the \n        Commission, the head of any Federal agency is authorized to \n        detail, without reimbursement, any of the personnel of such \n        agency to the Commission to assist the Commission in carrying \n        out its duties. Any such detail shall not interrupt or \n        otherwise affect the civil service status or privileges of the \n        Federal employee.\n            (3) Technical assistance.--Upon the request of the \n        Commission, the head of a Federal agency shall provide such \n        technical assistance to the Commission as the Commission \n        determines to be necessary to carry out its duties.\n            (4) Use of mails.--The Commission may use the United States \n        mails in the same manner and under the same conditions as \n        Federal agencies and shall, for purposes of the frank, be \n        considered a commission of Congress as described in section \n        3215 of title 39, United States Code.\n            (5) Obtaining information.--The Commission may secure \n        directly from any Federal agency information necessary to \n        enable it to carry out its duties, if the information may be \n        disclosed under section 552 of title 5, United States Code. \n        Upon request of the Chairperson of the Commission, the head of \n        such agency shall furnish such information to the Commission.\n            (6) Administrative support services.--Upon the request of \n        the Commission, the Administrator of General Services shall \n        provide to the Commission on a reimbursable basis such \n        administrative support services as the Commission may request.\n            (7) Printing.--For purposes of costs relating to printing \n        and binding, including the cost of personnel detailed from the \n        Government Printing Office, the Commission shall be deemed to \n        be a committee of the Congress.\n    (f) Subcommittees.--\n            (1) In general.--The Commission shall establish 6 \n        subcommittees, including--\n                    (A) a subcommittee on legal issues;\n                    (B) a subcommittee on theological issues;\n                    (C) a subcommittee on philosophical and ethical \n                issues;\n                    (D) a subcommittee on medical issues;\n                    (E) a subcommittee on scientific issues; and\n                    (F) a subcommittee on social issues.\n            (2) Membership.--With respect to the issues for which each \n        subcommittee has been established, each subcommittee shall be \n        composed of--\n                    (A) 1 expert to be appointed by the members of the \n                Committee who were appointed under subparagraphs (A) \n                and (C) of subsection (b)(1);\n                    (B) 1 expert to be appointed by the members of the \n                Committee who were appointed under subparagraphs (B) \n                and (D) of subsection (b)(1);\n                    (C) 1 individual operating in the private sector \n                who is acquainted with the issues but who is not an \n                expert to be appointed by the members of the Committee \n                who were appointed under subparagraphs (A) and (C) of \n                subsection (b)(1);\n                    (D) 1 individual operating in the private sector \n                who is acquainted with the issues but who is not an \n                expert to be appointed by the members of the Committee \n                who were appointed under subparagraphs (B) and (D) of \n                subsection (b)(1); and\n                    (E) 4 members of the Commission with relevant \n                expertise.\n            (3) Meetings.--Meetings of the subcommittees shall be \n        approved by the Commission.\n    (g) Report.--Not later than December 31, 1999, and annually \nthereafter, the Commission shall prepare and submit to the appropriate \ncommittees of Congress a report which shall contain a detailed \nstatement of the recommendations, findings, and conclusions of the \nCommission.\n    (h) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this section.\n\nSEC. 5. UNRESTRICTED SCIENTIFIC RESEARCH.\n\n    Nothing in this Act (or an amendment made by this Act) shall be \nconstrued to restrict areas of scientific research that are not \nspecifically prohibited by this Act (or amendments).\n\nSEC. 6. SENSE OF CONGRESS.\n\n    It is the sense of Congress that the Federal Government should \nadvocate for and join an international effort to prohibit the use of \nhuman somatic cell nuclear transfer technology to produce a human \nembryo.","title":""}
+{"_id":"c233","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Immigration Backlog Reduction Act of \n2011''.\n\nSEC. 2. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS.\n\n    Section 235(b)(1)(A) of the Immigration and Nationality Act (8 \nU.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) \nand inserting the following:\n                            ``(i) In general.--If an immigration \n                        officer determines that an alien (other than an \n                        alien described in subparagraph (F)) who is \n                        arriving in the United States, or who has not \n                        been admitted or paroled into the United States \n                        and has not been physically present in the \n                        United States continuously for the 4-year \n                        period immediately prior to the date of the \n                        determination of inadmissibility under this \n                        paragraph, is inadmissible under section \n                        212(a)(6)(C) or 212(a)(7), the officer shall \n                        order the alien removed from the United States \n                        without further hearing or review, unless--\n                                    ``(I) the alien has been charged \n                                with a crime;\n                                    ``(II) the Secretary determines \n                                that the alien presents a significant \n                                risk to national security; or\n                                    ``(III) the alien indicates an \n                                intention to apply for asylum under \n                                section 208 or a credible fear of \n                                persecution and the officer determines \n                                that the alien has been physically \n                                present in the United States for less \n                                than 1 year.\n                            ``(ii) Claims for asylum.--If an \n                        immigration officer determines that an alien \n                        (other than an alien described in subparagraph \n                        (F)) who is arriving in the United States, or \n                        who has not been admitted or paroled into the \n                        United States and has not been physically \n                        present in the United States continuously for \n                        the 4-year period immediately prior to the date \n                        of the determination of inadmissibility under \n                        this paragraph, is inadmissible under section \n                        212(a)(6)(C) or 212(a)(7), and the alien \n                        indicates either an intention to apply for \n                        asylum under section 208 or a credible fear of \n                        persecution, the officer shall refer the alien \n                        for an interview by an asylum officer under \n                        subparagraph (B) if the officer determines that \n                        the alien has been physically present in the \n                        United States for less than 1 year.''.\n\nSEC. 3. EXPEDITED REMOVAL OF CRIMINAL ALIENS.\n\n    (a) In General.--Section 238 of the Immigration and Nationality Act \n(8 U.S.C. 1228) is amended--\n            (1) by amending the section heading to read as follows: \n        ``expedited removal of criminal aliens'';\n            (2) in subsection (a), by amending the subsection heading \n        to read as follows: ``Expedited Removal From Correctional \n        Facilities'';\n            (3) in subsection (b), by amending the subsection heading \n        to read as follows: ``Removal of Criminal Aliens'';\n            (4) in subsection (b), by striking paragraphs (1) and (2) \n        and inserting the following:\n            ``(1) The Secretary of Homeland Security may, in the case \n        of an alien described in paragraph (2), determine the \n        deportability of such alien and issue an order of removal \n        pursuant to the procedures set forth in this subsection or \n        section 240.\n            ``(2) An alien is described in this paragraph if the alien, \n        whether or not admitted into the United States--\n                    ``(A) was convicted of any criminal offense \n                described in subparagraph (A)(iii), (C), or (D) of \n                section 237(a)(2); and\n                    ``(B) at the time of the commission of the offense \n                of which that alien was convicted, that alien was--\n                            ``(i) not lawfully admitted for permanent \n                        residence; or\n                            ``(ii) had permanent resident status on a \n                        conditional basis (as described in section \n                        216).'';\n            (5) in the first subsection (c) (relating to presumption of \n        deportability), by striking ``convicted of an aggravated \n        felony'' and inserting ``described in paragraph (b)(2)''; and\n            (6) by redesignating the second subsection (c) (relating to \n        judicial removal) as subsection (d).\n    (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8 \nU.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether \ntemporarily or otherwise,'' after ``enjoin''.","title":""}
+{"_id":"c234","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Improved Consumer Access to Travel \nInformation Act''.\n\nSEC. 2. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE \n              IN THE AIRLINE INDUSTRY.\n\n    (a) Findings.--The Congress finds the following:\n            (1) The continued success of a deregulated airline system \n        requires that consumers have full access to complete \n        information concerning airline fares, routes, and other \n        services.\n            (2) The means of distributing information about the \n        products and services of the airline industry are changing; \n        during the past four years, airlines have begun selling a \n        larger percentage of their products and services directly to \n        consumers, and Internet businesses are now offering services \n        that allow consumers to compare prices for these products and \n        services.\n            (3) Airline policies with respect to travel agencies, who \n        historically have sold a majority of the airline industry's \n        products and services, threaten the ability of consumers to \n        gather the information necessary to evaluate market prices, \n        routes, and services.\n            (4) Further reductions in the number of travel agents and \n        greater marketplace reliance on direct airline sales may result \n        in a marketplace in which consumers lack sufficient information \n        and are thereby forced to pay higher prices.\n    (b) Establishment.--There is established a commission to be known \nas the ``National Commission to Ensure Consumer Information and Choice \nin the Airline Industry'' (hereinafter in this section referred to as \nthe ``Commission'').\n    (c) Duties.--\n            (1) Study.--The Commission shall undertake a study of--\n                    (A) consumer access to information about the \n                products and services of the airline industry;\n                    (B) the effect on the marketplace of the emergence \n                of new means of distributing such products and \n                services;\n                    (C) the effect on consumers of the declining \n                financial condition of travel agents in the United \n                States; and\n                    (D) the impediments imposed by the airline industry \n                on distributors of the industry's products and \n                services, including travel agents and Internet-based \n                distributors.\n            (2) Policy recommendations.--Based on the results of the \n        study described in paragraph (1), the Commission shall \n        recommend to the President and Congress policies necessary--\n                    (A) to ensure full consumer access to complete \n                information concerning airline fares, routes, and other \n                services;\n                    (B) to ensure that the means of distributing the \n                products and services of the airline industry, and of \n                disseminating information about such products and \n                services, is adequate to ensure that competitive \n                information is available in the marketplace;\n                    (C) to ensure that distributors of the products and \n                services of the airline industry have adequate relief \n                from illegal, anticompetitive practices that occur in \n                the marketplace; and\n                    (D) to foster healthy competition in the airline \n                industry and the entry of new entrants.\n    (d) Specific Matters To Be Addressed.--In carrying out the study \nauthorized under subsection (c)(1), the Commission shall specifically \naddress the following:\n            (1) Consumer access to information.--With respect to \n        consumer access to information regarding the services and \n        products offered by the airline industry:\n                    (A) The state of such access.\n                    (B) The effect in the next 5 years of the making of \n                alliances in the airline industry.\n                    (C) Whether and to what degree the trends regarding \n                such access will produce benefits to consumers.\n            (2) Means of distribution.--With respect to the means of \n        distributing the products and services of the airline industry:\n                    (A) The state of such means of distribution.\n                    (B) The roles played by travel agencies and \n                Internet-based providers of travel information and \n                services in distributing such products and services.\n                    (C) Whether the policies of the United States \n                promote the access of consumers to multiple means of \n                distribution.\n            (3) Airline reservation systems.--With respect to airline \n        reservation systems:\n                    (A) The rules, regulations, policies, and practices \n                of the industry governing such systems.\n                    (B) How trends in such systems will affect \n                consumers, including--\n                            (i) the effect on consumer access to flight \n                        reservation information; and\n                            (ii) the effect on consumers of the use by \n                        the airline industry of penalties and \n                        promotions to convince distributors to use such \n                        systems, and the degree of consumer awareness \n                        of such penalties and promotions.\n            (4) Legal impediments to distributors seeking relief for \n        anticompetitive actions.--The policies of the United States \n        with respect to the legal impediments to distributors seeking \n        relief for anticompetitive actions, including--\n                    (A) Federal preemption of civil actions against \n                airlines; and\n                    (B) the role of the Department of Transportation in \n                enforcing rules against anticompetitive practices.\n    (e) Membership.--\n            (1) Appointment.--The Commission shall be composed of 15 \n        voting members and 11 nonvoting members as follows:\n                    (A) 5 voting members and 1 nonvoting member \n                appointed by the President.\n                    (B) 3 voting members and 3 nonvoting members \n                appointed by the Speaker of the House of \n                Representatives.\n                    (C) 2 voting members and 2 nonvoting members \n                appointed by the minority leader of the House of \n                Representatives.\n                    (D) 3 voting members and 3 nonvoting members \n                appointed by the majority leader of the Senate.\n                    (E) 2 voting members and 2 nonvoting members \n                appointed by the minority leader of the Senate\n            (2) Qualifications.--Voting members appointed pursuant to \n        paragraph (1) shall be appointed from among individuals who are \n        experts in economics, service product distribution, or \n        transportation, or any related discipline, and who can \n        represent consumers, passengers, shippers, travel agents, \n        airlines, or general aviation.\n            (3) Terms.--Members shall be appointed for the life of the \n        Commission.\n            (4) Vacancies.--A vacancy in the Commission shall be filled \n        in the manner in which the original appointment was made.\n            (5) Travel expenses.--Members shall serve without pay but \n        shall receive travel expenses, including per diem in lieu of \n        subsistence, in accordance with subchapter I of chapter 57 of \n        title 5, United States Code.\n            (6) Chairman.--The President, in consultation with the \n        Speaker of the House of Representatives and the majority leader \n        of the Senate, shall designate the Chairman of the Commission \n        from among its voting members.\n    (f) Commission Panels.--The Chairman shall establish such panels \nconsisting of voting members of the Commission as the Chairman \ndetermines appropriate to carry out the functions of the Commission.\n    (g) Staff.--The Commission may appoint and fix the pay of such \npersonnel as it considers appropriate.\n    (h) Staff of Federal Agencies.--Upon request of the Commission, the \nhead of any department or agency of the United States may detail, on a \nreimbursable basis, any of the personnel of that department or agency \nto the Commission to assist it in carrying out its duties under this \nsection.\n    (i) Other Staff and Support.--Upon the request of the Commission, \nor a panel of the Commission, the Secretary of Transportation shall \nprovide the Commission or panel with professional and administrative \nstaff and other support, on a reimbursable basis, to assist the \nCommission or panel in carrying out its responsibilities.\n    (j) Obtaining Official Data.--The Commission may secure directly \nfrom any department or agency of the United States information (other \nthan information required by any statute of the United States to be \nkept confidential by such department or agency) necessary for the \nCommission to carry out its duties under this section. Upon request of \nthe Commission, the head of that department or agency shall furnish \nsuch nonconfidential information to the Commission.\n    (k) Report.--Not later than 6 months after the date on which \ninitial appointments of members to the Commission are completed, the \nCommission shall transmit to the President and Congress a report on the \nactivities of the Commission, including recommendations made by the \nCommission under subsection (c)(2).\n    (l) Termination.--The Commission shall terminate on the 30th day \nfollowing the date of transmittal of the report under subsection (k). \nAll records and papers of the Commission shall thereupon be delivered \nby the Administrator of General Services for deposit in the National \nArchives.\n    (m) Applicability of the Federal Advisory Committee Act.--The \nFederal Advisory Committee Act (5 U.S.C. App.) shall not apply to the \nCommission.","title":""}
+{"_id":"c235","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Improving Medical Device Innovation \nAct''.\n\nSEC. 2. RECOGNITION OF STANDARDS.\n\n    (a) In General.--Section 514(c) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360d(c)) is amended--\n            (1) in paragraph (1), by inserting after subparagraph (B) \n        the following new subparagraphs:\n                    ``(C)(i) Any person may submit a request for \n                recognition under subparagraph (A) of all or part of an \n                appropriate standard established by a nationally or \n                internationally recognized standard organization.\n                    ``(ii) Not later than 60 calendar days after the \n                Secretary receives such a request, the Secretary \n                shall--\n                            ``(I) make a determination to recognize \n                        all, part, or none of the standard that is the \n                        subject of the request; and\n                            ``(II) issue to the person who submitted \n                        such request a response in writing that states \n                        the Secretary's rationale for that \n                        determination, including the scientific, \n                        technical, regulatory, or other basis for such \n                        determination.\n                    ``(iii) The Secretary shall take such actions as \n                may be necessary to implement all or part of a standard \n                recognized under subclause (I) of clause (ii), in \n                accordance with subparagraph (A).\n                    ``(D) The Secretary shall make publicly available, \n                in such manner as the Secretary determines appropriate, \n                the rationale for recognition of all, part, or none of \n                a standard, including the scientific, technical, \n                regulatory, or other basis for the decision regarding \n                such recognition.''; and\n            (2) by adding at the end the following:\n            ``(4) Training on use of standards.--The Secretary shall \n        provide to all employees of the Food and Drug Administration \n        who review premarket submissions for devices periodic training \n        on the concept and use of recognized standards for purposes of \n        meeting a premarket submission requirement or other applicable \n        requirement under this Act, including standards relevant to an \n        employee's area of device review.''.\n    (b) Guidance.--The Secretary of Health and Human Services, acting \nthrough the Commissioner of Food and Drugs, shall review and update, if \nnecessary, previously published guidance and standard operating \nprocedures identifying the principles for recognizing standards, and \nfor withdrawing the recognition of standards, under section 514(c) of \nthe Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d(c)), taking \ninto account the experience with and reliance on a standard by foreign \nregulatory authorities and the device industry, and whether recognition \nof a standard will promote harmonization among regulatory authorities \nin the regulation of devices.\n\nSEC. 3. CERTAIN CLASS I AND CLASS II DEVICES.\n\n    (a) Class I Devices.--Section 510(l) of the Federal Food, Drug, and \nCosmetic Act (21 U.S.C. 360(l)) is amended--\n            (1) by striking ``A report under subsection (k)'' and \n        inserting ``(1) A report under subsection (k)''; and\n            (2) by adding at the end the following new paragraph:\n            ``(2) Not later than 120 calendar days after the date of \n        enactment of the Improving Medical Device Innovation Act and at \n        least once every 5 years thereafter, as the Secretary \n        determines appropriate, the Secretary shall identify, through \n        publication in the Federal Register, any type of class I device \n        that the Secretary determines no longer requires a report under \n        subsection (k) to provide reasonable assurance of safety and \n        effectiveness. Upon such publication--\n                    ``(A) each type of class I device so identified \n                shall be exempt from the requirement for a report under \n                subsection (k); and\n                    ``(B) the classification regulation applicable to \n                each such type of device shall be deemed amended to \n                incorporate such exemption.''.\n    (b) Class II Devices.--Section 510(m) of the Federal Food, Drug, \nand Cosmetic Act (21 U.S.C. 360(m)) is amended--\n            (1) by striking paragraph (1) and inserting the following \n        new paragraph:\n            ``(1) The Secretary shall--\n                    ``(A) not later than 90 days after the date of \n                enactment of the Improving Medical Device Innovation \n                Act and at least once every 5 years thereafter, as the \n                Secretary determines appropriate--\n                            ``(i) publish in the Federal Register a \n                        notice that contains a list of each type of \n                        class II device that the Secretary determines \n                        no longer requires a report under subsection \n                        (k) to provide reasonable assurance of safety \n                        and effectiveness; and\n                            ``(ii) provide for a period of not less \n                        than 60 calendar days for public comment \n                        beginning on the date of the publication of \n                        such notice; and\n                    ``(B) not later than 210 calendar days after the \n                date of enactment of the Improving Medical Device \n                Innovation Act, publish in the Federal Register a list \n                representing the Secretary's final determination with \n                respect to the devices contained in the list published \n                under subparagraph (A).''; and\n            (2) in paragraph (2)--\n                    (A) by striking ``1 day after the date of \n                publication of a list under this subsection,'' and \n                inserting ``1 calendar day after the date of \n                publication of the final list under paragraph \n                (1)(B),''; and\n                    (B) by striking ``30-day period'' and inserting \n                ``60-calendar-day period''; and\n                    (C) by adding at the end the following new \n                paragraph:\n            ``(3) Upon the publication of the final list under \n        paragraph (1)(B)--\n                    ``(A) each type of class II device so listed shall \n                be exempt from the requirement for a report under \n                subsection (k); and\n                    ``(B) the classification regulation applicable to \n                each such type of device shall be deemed amended to \n                incorporate such exemption.''.\n\nSEC. 4. CLASSIFICATION PANELS.\n\n    (a) Classification Panels.--Paragraph (5) of section 513(b) of the \nFederal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(b)) is amended--\n            (1) by striking ``(5)'' and inserting ``(5)(A)''; and\n            (2) by adding at the end the following:\n                    ``(B) When a device is specifically the subject of \n                review by a classification panel, the Secretary shall--\n                            ``(i) ensure that adequate expertise is \n                        represented on the classification panel to \n                        assess--\n                                    ``(I) the disease or condition \n                                which the device is intended to cure, \n                                treat, mitigate, prevent, or diagnose; \n                                and\n                                    ``(II) the technology of the \n                                device; and\n                            ``(ii) provide an opportunity for the \n                        person whose device is specifically the subject \n                        of panel review to provide recommendations on \n                        the expertise needed among the voting members \n                        of the panel.\n                    ``(C) For purposes of subparagraph (B)(i), the term \n                `adequate expertise' means that the membership of the \n                classification panel includes--\n                            ``(i) two or more voting members, with a \n                        specialty or other expertise clinically \n                        relevant to the device under review; and\n                            ``(ii) at least one voting member who is \n                        knowledgeable about the technology of the \n                        device.\n                    ``(D) The Secretary shall provide an annual \n                opportunity for patients, representatives of patients, \n                and sponsors of medical device submissions to provide \n                recommendations for individuals with appropriate \n                expertise to fill voting member positions on \n                classification panels.''.\n    (b) Panel Review Process.--Section 513(b)(6) of the Federal Food, \nDrug, and Cosmetic Act (21 U.S.C. 360c(b)(6)) is amended--\n            (1) in subparagraph (A)(iii), by inserting before the \n        period at the end ``, including by designating a representative \n        who will be provided a time during the panel meeting to address \n        the panel individually (or accompanied by experts selected by \n        such representative) for the purpose of correcting \n        misstatements of fact or providing clarifying information, \n        subject to the discretion of the panel chairperson''; and\n            (2) by striking subparagraph (B) and inserting the \n        following new subparagraph:\n                    ``(B)(i) Any meeting of a classification panel with \n                respect to the review of a device shall--\n                            ``(I) provide adequate time for initial \n                        presentations by the person whose device is \n                        specifically the subject of such review and by \n                        the Secretary; and\n                            ``(II) provide adequate time for and \n                        encourage free and open participation by all \n                        interested persons.\n                    ``(ii) Following the initial presentations \n                described in clause (i), the panel may--\n                            ``(I) pose questions to the designated \n                        representative described in subparagraph \n                        (A)(iii); and\n                            ``(II) consider the responses to such \n                        questions in the panel's review of the \n                        device.''.\n\nSEC. 5. POSTMARKET PILOT TO IMPROVE MEDICAL DEVICE REPORTING.\n\n    (a) Pilot Projects.--\n            (1) In general.--In order to improve the value and \n        efficiency of reporting so as to advance the objectives of \n        section 519(a) of the Federal Food, Drug, and Cosmetic Act (21 \n        U.S.C. 360i(a)), within one year of the date of enactment of \n        this Act, the Secretary of Health and Human Services shall \n        establish one or more pilot projects, in coordination with \n        device manufacturers, to explore and evaluate the use of \n        alternative methods of compliance with such subsection for \n        manufacturers of devices described in section 513(a)(1)(C) of \n        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n        360c(a)(1)(C)).\n            (2) Voluntary participation.--Participation in such pilot \n        projects shall be voluntary for device manufacturers. The \n        Secretary may establish the conditions for such voluntary \n        participation and may establish a process for authorizing \n        participation.\n            (3) Purposes.--The pilot projects established under \n        paragraph (1) shall be designed to--\n                    (A) test methods of reporting for one or more \n                device types, with priority given to devices for which \n                device manufacturers submit a relatively high volume of \n                reports under the regulations implementing section \n                519(a) of the Federal Food, Drug, and Cosmetic Act (21 \n                U.S.C. 360i(a));\n                    (B) evaluate forms of data monitoring and reporting \n                that improve the usability of report data by focusing \n                on events and information that are most relevant to \n                reasonably assuring the safety and effectiveness of the \n                device;\n                    (C) identify methods of reporting that will be \n                least burdensome for device manufacturers; and\n                    (D) evaluate methods that are alternative to, and \n                do not duplicate, compliance with requirements of part \n                803 of title 21, Code of Federal Regulations (or \n                successor regulations).\n            (4) Notification to congress.--The Secretary of Health and \n        Human Services shall notify the Committee on Health, Education, \n        Labor, and Pensions of the Senate and the Committee on Energy \n        and Commerce of the House of Representatives not later than 18 \n        months after the date of enactment of this Act of the number of \n        manufacturers that have agreed to participate in a pilot \n        project under this subsection with the Secretary of Health and \n        Human Services.\n            (5) Rule of construction.--Nothing in this subsection shall \n        limit the authority of the Secretary of Health and Human \n        Services to provide for alternative methods of medical device \n        reporting under part 803 of title 21, Code of Federal \n        Regulations (or successor regulations), including such methods \n        described in this subsection.\n            (6) Compliance with requirements for records or reports on \n        devices.--\n                    (A) In general.--A device manufacturer that \n                participates in a pilot project under this subsection \n                shall be required to comply with all applicable \n                provisions of section 519 of the Federal Food, Drug, \n                and Cosmetic Act (21 U.S.C. 360i), and implementing \n                regulations, except as described in subparagraph (B).\n                    (B) Conditional exemption.--The Secretary may \n                determine that, for a specified time period to be \n                determined by the Secretary, a manufacturer \n                participating in a pilot project under this subsection \n                is exempt from certain provisions of section 519(a) of \n                the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n                360i(a)), and implementing regulations, if such \n                manufacturer complies with the conditions set forth in \n                a pilot project under this subsection.\n    (b) GAO Review.--\n            (1) Review of pilot projects.--The Comptroller General of \n        the United States shall conduct a review of the pilot projects \n        established under subsection (a), and of the reporting system \n        under part 803 of title 21, Code of Federal Regulations (or \n        successor regulations).\n            (2) Report.--Not later than January 31, 2021, the \n        Comptroller General of the United States shall submit to \n        Congress a report containing the results of the review \n        described in paragraph (1). Such report shall analyze the \n        value, efficiency, and effectiveness of reporting methods under \n        subsections (a) and (b) of section 519 of Federal Food, Drug, \n        and Cosmetic Act (21 U.S.C. 360i) and identify any \n        recommendations for statutory amendments that would enhance the \n        objectives of section 519(a) of such Act.","title":""}
+{"_id":"c236","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Increasing Medical Oversight in the \nDepartment of Veterans Affairs Act of 2014''.\n\nSEC. 2. OFFICE OF THE MEDICAL INSPECTOR.\n\n    (a) Establishment.--Subchapter I of chapter 73 of title 38, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 7310. Office of the Medical Inspector\n    ``(a) In General.--There is established in the Department within \nthe Office of the Under Secretary for Health an office to be known as \nthe `Office of the Medical Inspector' (in this section referred to as \nthe `Office').\n    ``(b) Head.--(1) The Medical Inspector shall be the head of the \nOffice.\n    ``(2) The Medical Inspector shall be appointed by the Secretary \nfrom among individuals qualified to perform the duties of the position.\n    ``(3) The Medical Inspector shall report directly to the Under \nSecretary for Health.\n    ``(c) Functions.--The functions of the Office shall include the \nfollowing:\n            ``(1) To review the quality of health care provided to \n        veterans--\n                    ``(A) by the Department generally; and\n                    ``(B) by the Department through contracts with non-\n                Department health care providers.\n            ``(2) To review offices of the Veterans Health \n        Administration that have an impact on the quality of health \n        care provided to veterans by the Department and the performance \n        of the Department in providing such care.\n            ``(3) To review offices and facilities of the Veterans \n        Health Administration to ensure that policies and procedures of \n        the Department and the Veterans Health Administration are \n        applied consistently at all such offices and facilities.\n            ``(4) To investigate any systemic issues, as determined by \n        the Medical Inspector, that arise within the Veterans Health \n        Administration, including the following:\n                    ``(A) Improper issuance of credentials and \n                privileges to health care providers.\n                    ``(B) Impediments to the access of veterans to \n                health care from the Department.\n                    ``(C) Wait times for appointments by veterans at \n                medical facilities of the Department in excess of wait-\n                time goals established by the Department.\n                    ``(D) Intentional falsification by employees of the \n                Department of information or data with respect to wait \n                times for such appointments.\n            ``(5) To establish temporary investigative teams to carry \n        out reviews or investigations described in paragraphs (1), (2), \n        (3), and (4) in response to specific incidents or inquiries, \n        including the following:\n                    ``(A) Investigations of complaints by a veteran, a \n                family member of a veteran, or another individual that \n                may require a visit to a facility or facilities of the \n                Department.\n                    ``(B) Assessments to examine potential systemic \n                issues within the Veterans Health Administration that \n                may require the conduct of surveys, the collection of \n                data, and the analysis of databases of the Department.\n            ``(6) To recommend policies to promote economy and \n        efficiency in the administration of, and to prevent and detect \n        criminal activity, waste, abuse, and mismanagement in, programs \n        and operations of the Veterans Health Administration.\n            ``(7) To carry out any other tasks required of the Office \n        by the Secretary or the Under Secretary for Health before, on, \n        or after the date of the enactment of this section.\n    ``(d) Reports.--(1) Not later than 30 days after the date of the \nenactment of this section, and periodically thereafter, the Medical \nInspector shall submit to the Secretary, the Under Secretary for \nHealth, and Congress reports on any problems or deficiencies \nencountered in programs and operations of the Veterans Health \nAdministration, including any recommendations for corrective actions.\n    ``(2) Each report required by paragraph (1) shall be made available \nto the public on an Internet website of the Department.\n    ``(3) Any other report prepared by the Medical Inspector in \ncarrying out the functions of the Office under this section shall be--\n            ``(A) submitted to Congress; and\n            ``(B) made available to the public on an Internet website \n        of the Department.\n    ``(e) Privacy Matters.--Any medical or other personal information \nobtained by the Office shall be protected from disclosure or misuse in \naccordance with the laws on privacy applicable to such information.''.\n    (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 73 of such title is amended by inserting after the item \nrelating to section 7309 the following new item:\n\n``7310. Office of the Medical Inspector.''.\n    (c) Conforming Amendments.--Section 7306(a) of such title is \namended by--\n            (1) redesignating paragraph (10) as paragraph (11); and\n            (2) inserting after paragraph (9) the following new \n        paragraph (10):\n            ``(10) The Medical Inspector, who shall be the head of the \n        Office of the Medical Inspector under section 7310 of this \n        title.''.\n    (d) Continuation in Office.--The individual serving as the Medical \nInspector of the Department of Veterans Affairs on the day before the \ndate of the enactment of this Act may serve as the Medical Inspector of \nthe Department of Veterans Affairs after that date until the date on \nwhich the Secretary of Veterans Affairs appoints an individual to be \nthe Medical Inspector pursuant to section 7310(b)(2) of title 38, \nUnited States Code, as added by subsection (a).","title":""}
+{"_id":"c237","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Independent Fannie Mae and Freddie \nMac Investigative Commission Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) The United States has suffered tremendously from the \n        irresponsible and unchecked growth of the mortgage industry \n        which proliferated under the policies of Fannie Mae and Freddie \n        Mac.\n            (2) The Federal conservatorship of Fannie Mae and Freddie \n        Mac may cost the American people a minimum of $200,000,000,000, \n        and potentially $2.4 trillion, making it potentially the \n        largest financial bailout in our Nation's history.\n            (3) The American people, forced to shoulder the financial \n        burden of the bailout, deserve to know what went wrong and why.\n            (4) Any executive officers and members of the boards of \n        directors at Fannie Mae and Freddie Mac who may have exercised \n        poor judgment or committed wrongdoing should be held \n        accountable for such judgments and actions.\n            (5) In June 2003, Freddie Mac disclosed that it had \n        misstated its earnings by roughly $5 billion between the years \n        2000 and 2002 to smooth the appearance of quarterly volatility \n        in earnings and to meet Wall Street expectations.\n            (6) In December 2004, the Securities and Exchange \n        Commission found that Fannie Mae had violated accounting rules \n        and needed to restate its earnings by recording a loss of up to \n        $9 billion from 2001 to 2004 based on board policies \n        established prior to that period.\n            (7) The shareholders of Fannie Mae and Freddie Mac and the \n        employees and directors of the boards of these enterprises have \n        enjoyed large dividends, bonuses, salaries, and other \n        compensation based on policies and practices that may have been \n        misguided or fraudulent.\n            (8) In 2007, former Freddie Mac Chairman and Chief \n        Executive Richard Syron alone received nearly $18,300,000 in \n        compensation, despite the fact that the enterprise's stock lost \n        half its value.\n            (9) Last year, former Fannie Mae President and Chief \n        Executive Daniel Mudd received compensation valued at \n        $11,600,000.\n            (10) Previous investigations of Fannie Mae and Freddie Mac \n        have focused on accounting fraud, but there have not been any \n        investigations on the policies and decisions that contributed \n        to and exacerbated our Nation's housing crisis and financial \n        collapse of these corporations.\n            (11) According to the Office of Federal Housing Enterprise \n        Oversight, regulation allowed Freddie Mac and Fannie Mae to \n        overleverage and operate with just $83.2 billion of capital at \n        the end of 2007, even though it supported $5.2 trillion of debt \n        and guarantees.\n            (12) Although the executive officers of Fannie Mae and \n        Freddie Mac have come under scrutiny, their boards of directors \n        have been held harmless throughout the Nation's housing crisis, \n        despite having the authority to create, influence, and vote for \n        the policies of such enterprises.\n            (13) The involvement of the boards of directors in the \n        policies of Fannie Mae and Freddie Mac has been shrouded in \n        secrecy, as their policymaking decisions have not been publicly \n        disclosed, despite the public protections and benefits their \n        enterprises receive.\n            (14) There is a need to fully understand what went wrong in \n        the management of Fannie Mae and Freddie Mac and the misguided, \n        potentially fraudulent board policies and practices that \n        ultimately led to the Federal conservatorship of such \n        enterprises so that similar mistakes will not be repeated in \n        the future.\n\nSEC. 3. ESTABLISHMENT.\n\n    There is established a commission to be known as the ``Independent \nFannie Mae and Freddie Mac Investigative Commission'' (in this Act \nreferred to as the ``Commission''). The Commission shall function upon \nthe legislation being signed by the President of the United States and \nwill conduct its investigations for a period of two years, issuing a \nfinal report upon completion with necessary hearings and assembly of \nrelated records for the period following the savings and loan crisis of \nthe 1980s to the present.\n\nSEC. 4. DUTIES OF THE COMMISSION.\n\n    The Commission shall investigate, determine, and make \nrecommendations with respect to the following:\n            (1) The policies, practices, and board decisions of Fannie \n        Mae and Freddie Mac from the 1990s through the present that led \n        to the enterprises' financial instability and the subsequent \n        Federal conservatorship of such enterprises.\n            (2) Fannie Mae and Freddie Mac's involvement, if any, in \n        the creation and proliferation of the securitized mortgage \n        instrument, and how such instrument affected the solvency of \n        such enterprises.\n            (3) The role of the boards of directors of Fannie Mae and \n        Freddie Mac in developing the accounting and financial risk \n        policies of such enterprises, particularly as they relate to \n        subprime mortgages and the international securitization of \n        mortgages.\n            (4) The actions of each board member or members, executive \n        officer or officers, or the board member or members and \n        executive officer or officers responsible for making the \n        financial decisions to grow such enterprises' portfolios of \n        subprime mortgage loans.\n            (5) The board member or members, executive officer or \n        officers, or the board member or members and executive officer \n        or officers responsible for making the decisions that may have \n        encouraged the proliferation of the subprime mortgage industry.\n            (6) The decisions that contributed to the overvaluation of \n        risky mortgage investments in the stock market and to the \n        growth of the subprime mortgage industry.\n            (7) The annual compensation, stock options, and other \n        financial benefits that accrued to each of Fannie Mae and \n        Freddie Mac's executive officers and members of their boards of \n        directors from 1990 to 2008.\n            (8) The board members, if any, who financially benefitted \n        from their appointment to either board of directors and\/or \n        through the decisions of such board.\n            (9) The tracking of political contributions to Presidential \n        and congressional elections and campaign funds that served to \n        influence U.S. housing policy by board members, officers, and \n        employees.\n            (10) The appropriate role of Fannie Mae and Freddie Mac in \n        the U.S. housing market nationwide and regionally.\n            (11) Such other matters that the President or the Congress \n        may place before the Commission.\n            (12) The Commission shall possess full subpoena power and \n        authority to hire necessary staff to conduct its affairs.\n\nSEC. 5. MEMBERSHIP.\n\n    (a) Number and Appointment.--The Commission shall be composed of 9 \nmembers appointed by the President as follows:\n            (1) One member who shall serve as the Chairperson, shall be \n        appointed with the advice of the Senate.\n            (2) Eight members, not more than four of whom shall be \n        members of the same political party, to be appointed based on \n        recommendations from the Speaker and the minority leader of the \n        House of Representatives, and the majority leader and minority \n        leader of the Senate, who shall each submit the names of two \n        recommended candidates to the President.\n    (b) Terms.--Each member shall be appointed for the life of the \nCommission.\n    (c) Vacancies.--A vacancy on the Commission shall be filled in the \nmanner in which the original appointment was made for the remainder of \nthat term. If there is a vacancy in the Chair of the Commission, the \nremaining members of the Commission may choose from among the members \nan interim Chairperson to serve until a new Chairperson is appointed.\n\nSEC. 6. COMPENSATION.\n\n    Members of Congress.--Members of the Commission who are Members of \nCongress shall not receive additional pay, allowances, or benefits by \nreason of their service on the Commission, but, as permitted by law, \nmay be reimbursed for travel, subsistence, and other necessary expenses \nincurred when performing duties of the Commission.\n\nSEC. 7. COMMISSION HIRING ALLOWANCE.\n\n    Such sums as are necessary shall be appropriated to conduct the \nactivities of the Commission but shall be no less than $5 million \nannually. Recovery of any assets fraudulently accruing to members of \nthe boards of directors shall be returned to the general Treasury to \noffset such expenditures.","title":""}
+{"_id":"c238","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Infertility Research Centers Act of \n2002''.\n\nSEC. 2. GRANTS AND CONTRACTS FOR RESEARCH CENTERS WITH RESPECT TO \n              INFERTILITY PREVENTION.\n\n    Subpart 7 of part C of title IV of the Public Health Service Act \n(42 U.S.C. 285g et seq.) is amended by adding at the end the following \nnew section:\n\n``SEC. 452H. RESEARCH CENTERS WITH RESPECT TO INFERTILITY PREVENTION.\n\n    ``(a) In General.--The Director of the Institute, after \nconsultation with the advisory council for the Institute, shall make \ngrants to, or enter into contracts with, public or nonprofit private \nentities for the development and operation of centers to conduct \nactivities for the purpose of improving methods of preventing \ninfertility.\n    ``(b) Number of Centers.--In carrying out subsection (a), the \nDirector of the Institute shall, subject to the extent of amounts made \navailable in appropriations Acts, provide for the establishment of two \ncenters with respect to infertility prevention.\n    ``(c) Use of Funds.--\n            ``(1) In general.--Each center assisted under this section \n        shall, in carrying out the purpose of the center involved--\n                    ``(A) conduct clinical and other applied research, \n                including clinical trials of new or improved drugs and \n                devices for the diagnosis and treatment of infertility \n                in males and females;\n                    ``(B) develop protocols for training physicians, \n                scientists, nurses, and other health and allied health \n                professionals;\n                    ``(C) conduct training programs for such \n                individuals;\n                    ``(D) develop model continuing education programs \n                for such professionals; and\n                    ``(E) disseminate information to such professionals \n                and the public.\n            ``(2) Stipends.--A center may use funds provided under \n        subsection (a) to provide stipends for health and allied health \n        professionals enrolled in programs described in subparagraph \n        (C) of paragraph (1), and to provide fees to individuals \n        serving as subjects in clinical trials conducted under such \n        paragraph.\n    ``(d) Coordination.--The Director of the Institute shall, as \nappropriate, provide for the coordination of information among the \ncenters assisted under this section.\n    ``(e) Facilities.--Each center assisted under subsection (a) shall \nuse the facilities of a single institution, or be formed from a \nconsortium of cooperating institutions, meeting such requirements as \nmay be prescribed by the Director of the Institute.\n    ``(f) Period of Support.--Support of a center under subsection (a) \nmay be for a period not exceeding 5 years. Such period may be extended \nfor one or more additional periods not exceeding 5 years if the \noperations of such center have been reviewed by an appropriate \ntechnical and scientific peer review group established by the Director \nand if such group has recommended to the Director that such period \nshould be extended.\n    ``(g) Authorization of Appropriations.--For the purpose of carrying \nout this section, there are authorized to be appropriated $30,000,000 \nfor fiscal year 2003, and such sums as may be necessary for each of the \nfiscal years 2004 and 2005.''.\n\nSEC. 3. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO INFERTILITY \n              PREVENTION.\n\n    Part F of title IV of the Public Health Service Act (42 U.S.C. 287d \net seq.) is amended--\n            (1) by redesignating the second section 487F (relating to \n        the pediatric research loan repayment program) as section 487G; \n        and\n            (2) by inserting after section 487G (as so redesignated) \n        the following section:\n\n``SEC. 487H. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO \n              INFERTILITY PREVENTION.\n\n    ``(a) Establishment.--The Secretary, in consultation with the \nDirector of the National Institute of Child Health and Human \nDevelopment, shall establish a program of entering into agreements with \nqualified health professionals (including graduate students) under \nwhich such health professionals agree to conduct research with respect \nto infertility prevention, in consideration of the Federal Government \nagreeing to repay, for each year of such service, not more than $20,000 \nof the principal and interest of the educational loans of such health \nprofessionals.\n    ``(b) Application of Provisions.--The provisions of sections 338B, \n338C, and 338E shall apply to the program established in subsection (a) \nto the same extent and in the same manner as such provisions apply to \nthe National Health Service Corps Loan Repayment Program established in \nsubpart III of part D of title III.\n    ``(c) Funding.--Amounts appropriated for carrying out this section \nshall remain available until the expiration of the second fiscal year \nbeginning after the fiscal year for which the amounts were \nappropriated.''.","title":""}
+{"_id":"c239","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Innovation Competitiveness Act of \n2004''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) If the United States is to dominate the next critically \n        decisive stage of industrial progress, it must be the first to \n        create the technologies and skilled workforce capable of taking \n        advantage of new high technology opportunities.\n            (2) Research, innovation, and human capital are our \n        principal strengths. By sustaining United States investments in \n        research and finding collaborative arrangements to leverage \n        existing resources and funds in a scarce budget environment, we \n        ensure that America remains at the forefront of scientific and \n        technological capability.\n            (3) The United States has begun to confront a new level of \n        global competition.\n            (4) The United States remains a leading attraction for \n        innovating talent and entrepreneurial activity. The United \n        States's research and development system is the best in the \n        world. It comprises the world's largest market and promotes a \n        vibrant entrepreneurial business climate.\n            (5) For the United States to maintain its high standards of \n        living through continued economic prosperity over the long-\n        term, the basic components of the Nation's innovation \n        ecosystems must remain healthy.\n            (6) Technology transfer of publicly funded research is a \n        critical mechanism for optimizing the return on taxpayer \n        investment, particularly where other benefits are not \n        measurable at all or are very long-term.\n            (7) Active marketing and educational campaigns tailored by \n        individual Federal agencies on their respective research and \n        development activities are important where--\n                    (A) inventions have multiple applications and may \n                need to be matched-up with commercial enterprises \n                representing several industries; and\n                    (B) new invention applications may require rapid \n                development and dissemination by companies not \n                otherwise known by the agency.\n            (8) Technology transfer has become a very broad activity, \n        with many stakeholders and users. Aggregating available \n        technology transfer resources into a single location, available \n        in an electronic format, would help--\n                    (A) facilitate the access, administration, \n                education, monitoring, and efficiency of technology \n                transfer activities with the government;\n                    (B) stimulate further interaction and \n                responsiveness from the private sector; and\n                    (C) facilitate the formation of much needed \n                technology transfer databases and provide opportunities \n                to examine and track more refined measurements of \n                technology flows.\n            (9) A 2003 Department of Commerce survey reported that only \n        34 percent of the Federal laboratories surveyed formed \n        laboratory industrial advisory committees. These committees can \n        advocate and promote effective communication between Federal \n        laboratories and the user communities to help facilitate mutual \n        understanding and leverage maximum impact of the research \n        conducted.\n            (10) Because the entire innovation process is continuing to \n        evolve in an arena of increasing global competition, \n        identifying metrics to quantify program effectiveness is of \n        increasing importance. Metrics need to take into account a wide \n        range of steps in a highly complex process, as well as the \n        ultimate product or service, but should not constrain the \n        continued evolution or development of new technology transfer \napproaches. In addition, these metrics need to accommodate.\n                    (A) characteristics unique to varying industries; \n                and\n                    (B) mission differences between the licensing \n                institutions.\n            (11) Local and regional impacts from Federal research and \n        development activities have a direct impact on communities in \n        which they are conducted. Such activities attract new \n        businesses to these areas, thereby stimulating local economies \n        and improving local education.\n            (12) State governments are already active in providing a \n        friendly and complementary research and development \n        environment.\n            (13) Half of all States each receive half a billion or more \n        Federal research and development dollars yearly.\n            (14) Given the importance of Federal research and \n        development investments to the Nation, States, and localities, \n        little information is widely available. There is a need for a \n        data system that can provide detailed information on all of the \n        activities and scope of the Federal research and development \n        enterprise so that State and local officials can use the \n        information to identify new opportunities for State-Federal \n        research collaboration.\n\nSEC. 3. OUTREACH ACTIVITIES.\n\n    (a) Technology Transfer Director.--The Secretary of Commerce shall \ndesignate a Technology Transfer Director within the Technology \nAdministration to perform oversight of and policy development for \ntechnology transfer activities at the Department of Commerce.\n    (b) Duties.--The Director shall--\n            (1) coordinate the activities of the Interagency Working \n        Group on Technology Transfer, oversee the expenditure of funds \n        allocated to the Technology Transfer Working Group;\n            (2) coordinate with each technology partnership ombudsman \n        appointed under section 11 of the Technology Transfer \n        Commercialization Act of 2000 (42 U.S.C. 7261c);\n            (3) establish and maintain procedures for ensuring the \n        effective coordination of the technology transfer outreach \n        activities of the Department between and among--\n                    (A) the National Technical Information Service;\n                    (B) the Federal Laboratory Consortium for \n                Technology Transfer;\n                    (C) the National Science Foundation;\n                    (D) the National Aeronautics and Space \n                Administration; and\n                    (E) other appropriate Federal agencies.\n    (b) Responsibilities.--The Director's responsibilities shall \ninclude--\n            (1) coordinating technology transfer activities occurring \n        at National Laboratories and single purpose research \n        facilities;\n            (2) exchanging information about technology transfer \n        practices, including alternative approaches to resolution of \n        disputes involving intellectual property rights and other \n        technology transfer matters;\n            (3) developing and disseminating to the public and \n        prospective technology partners information about opportunities \n        and procedures for technology transfer through a one-stop \n        information virtual center; and\n            (4) providing and disseminating information through \n        prepared material on Federally owned or originated products, \n        processes, and services having potential application to State \n        and local governments and to private industry.\n    (d) Oversight.--The Director shall--\n            (1) periodically review the procedures maintained under \n        subsection (c) for the purpose of ensuring that such procedures \n        meet the requirements of that subsection; and\n            (2) make such modifications to such procedures as the \n        Director considers appropriate in light of such review in order \n        to better achieve the purposes of this section.\n\nSEC. 4. RESEARCH ACTIVITIES.\n\n    (a) In General.--The Secretary, through the Technology Transfer \nDirector as established by section 3, shall establish a research \nprogram within the Technology Administration that will--\n            (1) involve consultation, as appropriate, with the various \n        units of the Commerce Department, including the Federal \n        Laboratory Consortium for Technology Transfer, each Federal \n        agency's research and technology applications, and utilization \n        (with the consent of the agency involved) of the expertise and \n        services of the National Science Foundation, the National \n        Aeronautics and Space Administration, and other Federal \n        agencies;\n            (2) build upon ongoing efforts of the private sector; and\n            (3) involve consortia that include government and industry.\n    (b) Development of Research Tools and Practices.--The Director \nshall work with industry, trade associations, professional societies, \nand others to conduct experimentation, analysis, testing, verification, \nand demonstration of improved tools and practices that identify--\n            (1) best practices for technology transfer, and\n            (2) metrics to quantify technology transfer practices \n        effectiveness, taking into account wide range of differences in \n        technology, market dynamics, intellectual property in varying \n        industrial sectors, as well as different mission differences \n        between licensing institutions.\n    (c) Study.--The Director shall work with industry, trade \nassociations, professional societies, and others--\n            (1) to develop reliable data on how to improve workforce \n        education and address critical workforce issues, including the \n        availability of scientists and engineers and a readily \n        available pool of skilled employees;\n            (2) to process reviews to reduce complexity of, and time \n        required to complete, technology transfer transactions;\n            (3) to study and assess the implications of technology \n        development and transfer in a global environment, with specific \n        attention to the effects of emerging technology; and\n            (4) to analyze why the widely recognized ``valley of \n        death'' remains an obstacle to the adaption by the private \n        sector of Federal laboratory technologies for use in commercial \n        markets.\n    (d) Dissemination and Technical Assistance Program.--The Director \nshall oversee a dissemination and technical assistance program to \nassist with the immediate dissemination and implementation of the \npractices, standards, and codes developed by the Technology \nAdministration.\n    (e) Reports.--\n            (1) Initial report.--Not later than 120 days after the date \n        of enactment of this Act, the Director shall submit a report \n        detailing the proposed schedule of studies and other activities \n        to be undertaken under this Act to the Senate Committee on \n        Commerce, Science, and Transportation and the House of \n        Representatives Committee on Science.\n            (2) Annual progress reports.--Not later than 12 months \n        after the date of enactment of this Act, and annually \n        thereafter, the Director shall submit a progress report to the \n        committees described under paragraph (1), which summarizes the \n        Technology Administration's activities under this Act.\n\nSEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE.\n\n    The Secretary shall designate a small business advocate within the \nDepartment--\n            (1) to increase the participation of small business \n        concerns, including socially and economically disadvantaged \n        small business concerns, in procurement, collaborative \n        research, technology licensing, and technology transfer \n        activities conducted by the National Laboratories or single-\n        purpose research facilities;\n            (2) to report to the National Laboratory Consortium on the \n        actual participation of small business concerns in procurement \n        and collaborative research along with recommendations, if \n        appropriate, on how to improve participation;\n            (3) to make available to small business concerns training, \n        mentoring, and clear, up-to-date information on how to \n        participate in procurement and collaborative research, \n        including how to submit effective proposals, and information \n        related to alternative approaches to resolution of disputes \n        involving intellectual property rights and other technology \n        transfer matters;\n            (4) to increase awareness inside the National Laboratories \n        and single-purpose research facilities of the capabilities and \n        opportunities presented by small business concerns; and\n            (5) to establish guidelines for a small business program \n        under this Act and report on the effectiveness of such program \n        to the Secretary.\n\nSEC. 6. COORDINATE RESEARCH AND DEVELOPMENT EFFORTS WITH STATES.\n\n    (a) Establishment.--The Secretary shall establish a State and \nIndustry Task Force for the purpose of highlighting areas--\n            (1) where the Federal government can help in State efforts \n        to provide a complementary research and development \n        environment; and\n            (2) that exist where the Federal government could assist in \n        efforts to help match Federal programs, to the extent possible, \n        with State economic development efforts.\n    (b) Membership.--The Task Force shall be comprised of not fewer \nthan 9 nor more than 15 members appointed by the Secretary, and shall \ninclude such representatives from State and local governments, \nindustry, universities, professional societies, Government \nlaboratories, and other organizations as the Secretary considers \nappropriate based on the Secretary's assessment of the technical and \nother qualifications of such representatives.\n    (c) Terms.--\n            (1) In general.--The term of a member of the Task Force \n        shall be 3 years.\n            (2) Staggered terms.--The Secretary may appoint members of \n        the Task Force in a manner that allows the terms of the members \n        serving at any time to expire at spaced intervals so as to \n        ensure continuity in the functioning of the Task Force.\n            (3) Reappointment.--A member of the Task Force whose term \n        expires may be reappointed.\n    (d) Chairperson.--The Task Force shall have a chairperson, who \nshall be elected by the members.\n    (e) Cooperation.--The heads of Federal agencies shall cooperate \nwith the Task Force in carrying out the requirements of this section \nand shall furnish to the Task Force such information as the committee \nconsiders necessary to enable it to carry out its functions.\n\nSEC. 7. DEFINITIONS.\n\n    In this Act:\n            (1) Director.--The term ``Director'' means the Technology \n        Transfer Director appointed under section 3.\n            (2) Secretary.--The term ``Secretary'' means the Secretary \n        of Commerce.\n            (3) Small business concern.--The term ``small business \n        concern'' has the meaning given that term in section 3 of the \n        Small Business Act (15 U.S.C. 632).\n            (4) Socially and economically disadvantaged small business \n        concerns.--The term ``socially and economically disadvantaged \n        small business concerns'' has the meaning given that term in \n        section 8(a)(4) of the Small Business Act (15 U.S.C. \n        637(a)(4)).","title":""}
+{"_id":"c24","text":"SECTION 1. EXCISE TAX ON MANUFACTURE AND IMPORTATION OF TIRES.\n\n    (a) In General.--Chapter 38 of the Internal Revenue Code of 1986 \n(relating to environmental taxes) is amended by adding at the end the \nfollowing:\n\n                      ``Subchapter E--Tax on Tires\n\n                              ``Sec. 4691. Imposition of tax.\n\n``SEC. 4691. IMPOSITION OF TAX.\n\n    ``(a) General Rule.--There is imposed a tax on the manufacture or \nimportation of tires of any type, including solid and pneumatic tires.\n    ``(b) Amount of Tax.--The amount of the tax imposed by subsection \n(a) shall be 50 cents per tire.\n    ``(c) Liability for Tax.--The tax imposed by subsection (a) shall \nbe paid by the manufacturer or importer of the tire not later than 30 \ndays after the end of each calendar quarter for each tire manufactured \nor imported during such quarter.\n    ``(d) Tires on Imported Articles.--For purposes of subsection (a), \nif an article imported into the United States is equipped with tires, \nthe importer of the article shall be treated as the importer of the \ntires with which such article is equipped.\n    ``(e) Effective Date.--The tax imposed by this section shall apply \nto tires manufactured or imported after December 31, 1997, and before \nJanuary 1, 2003.''.\n    (b) Conforming Amendment.--The table of subchapters for chapter 38 \nof such Code is amended by adding after the item relating to subchapter \nD the following:\n\n                              ``Subchapter E. Tax on tires.''.\n\nSEC. 2. ESTABLISHMENT OF TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST \n              FUND.\n\n    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue \nCode of 1986 (relating to the establishment of trust funds) is amended \nby adding after section 9511 the following:\n\n``SEC. 9512. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST FUND.\n\n    ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the ``Waste Tire \nRecycling, Abatement, and Disposal Trust Fund'' consisting of such \namounts as may be appropriated or credited to such Trust Fund as \nprovided in this section or section 9602(b).\n    ``(b) Transfers to Trust Fund.--There are appropriated to the Waste \nTire Recycling, Abatement, and Disposal Trust Fund amounts equivalent \nto--\n            ``(1) taxes received in the Treasury under section 4691 \n        (relating to an assessment on motor vehicle tires); and\n            ``(2) amounts received in the Treasury and collected under \n        section 4011 of the Solid Waste Disposal Act.\n    ``(c) Expenditures.--Amounts in the Waste Tire Recycling, \nAbatement, and Disposal Trust Fund shall be available, as provided in \nappropriation Acts, only for the purpose of making expenditures to \ncarry out the purposes of section 4011 of the Solid Waste Disposal Act.\n    ``(d) Authority to Borrow.--\n            ``(1) In general.--There are authorized to be appropriated \n        to the Waste Tire Recycling, Abatement, and Disposal Trust \n        Fund, as repayable advances, such sums as may be necessary to \n        carry out the purposes of section 4011(k) of the Solid Waste \n        Disposal Act.\n            ``(2) Limitation on aggregate advances.--The maximum \n        aggregate amount of repayable advances to the Waste Tire \n        Recycling, Abatement, and Disposal Trust Fund which is \n        outstanding at any one time shall not exceed an amount equal to \n        the amount which the Secretary estimates will be equal to the \n        sum of the amounts received from the tax imposed by section \n        4691 during any 2-year period.\n            ``(3) Repayment of advances.--\n                    ``(A) In general.--Advances made to the Waste Tire \n                Recycling, Abatement, and Disposal Trust Fund shall be \n                repaid, and interest on such advances shall be paid, to \n                the general fund of the Treasury when the Secretary \n                determines that moneys are available for such purposes \n                in the Waste Tire Recycling, Abatement, and Disposal \n                Trust Fund.\n                    ``(B) Date for termination of advances.--No advance \n                shall be paid to the Trust Fund after December 31, 2001 \n                and all advances to the Trust Fund shall be repaid on \n                or before such date.\n                    ``(C) Interest rate on advances.--Interest on \n                advances made to the Trust Fund shall be at a rate \n                determined by the Secretary to be equal to the current \n                market yield on outstanding marketable obligations of \n                the United States with remaining periods to maturity \n                comparable to the anticipated period during which the \n                advance will be outstanding, and shall be compounded \n                annually.''.\n            (b) Conforming Amendment.--The table of sections for \n        subchapter A of chapter 98 of such Code is amended by adding \n        after the item relating to section 9511 the following:\n\n                              ``Sec. 9511. Waste Tire Recycling, \n                                        Abatement, and Disposal Trust \n                                        Fund.''.","title":""}
+{"_id":"c240","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Intermodal Equipment Safety and \nResponsibility Act of 2003''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) Promoting safety on United States highways is a \n        national priority. The Secretary of Transportation has \n        promulgated the Federal Motor Carrier Safety Regulations to \n        further this purpose. The systematic maintenance, repair, and \n        inspection of equipment traveling on public highways in \n        interstate commerce are an integral part of this safety regime.\n            (2) Intermodal transportation plays a significant role in \n        expanding the United States economy, which depends heavily upon \n        the ability to transport goods by various modes of \n        transportation.\n            (3) Although motor carriers and their drivers often receive \n        trailers, chassis, containers, and other items of intermodal \n        equipment to be transported in interstate commerce, they do not \n        possess the requisite level of control or authority over this \n        intermodal equipment to perform the systematic maintenance, \n        repair, and inspection necessary to ensure compliance with the \n        applicable Federal Motor Carrier Safety Regulations and to \n        ensure the safety of United States highways.\n            (4) As a result of roadside inspections, motor carriers and \n        their drivers are cited and fined for violations of the Federal \n        Motor Carrier Safety Regulations attributable to intermodal \n        equipment that they do not have the opportunity to \n        systematically maintain. These violations negatively affect the \n        safety records of motor carriers.\n\nSEC. 3. PURPOSE.\n\n    The purpose of this Act is to ensure that only those parties that \ncontrol intermodal equipment transported on public highways in the \nUnited States (and thus have the opportunity and authority to \nsystematically maintain, repair, and inspect the intermodal equipment) \nhave legal responsibility for the safety of that equipment as it \ntravels in interstate commerce.\n\nSEC. 4. DEFINITIONS.\n\n    Section 5901 of title 49, United States Code, is amended by adding \nat the end the following new paragraphs:\n            ``(9) `motor carrier' includes--\n                    ``(A) a motor private carrier, as defined in \n                section 13102 of this title; and\n                    ``(B) an agent of a motor carrier.\n            ``(10) `intermodal equipment'--\n                    ``(A) means equipment that is commonly used in the \n                intermodal transportation of freight over public \n                highways as an instrumentality of foreign or interstate \n                commerce; and\n                    ``(B) includes a trailer, chassis, container, and \n                any device associated with a trailer, chassis, or \n                container.\n            ``(11) `equipment interchange agreement', with respect to \n        intermodal equipment, means a written document that--\n                    ``(A) is executed by a controller of the equipment, \n                or its agent, and a motor carrier; and\n                    ``(B) establishes the responsibilities and \n                liabilities of both parties as they relate to the \n                interchange of the equipment.\n            ``(12) `controller', with respect to intermodal equipment, \n        means any party that has any legal right, title, or interest in \n        the equipment, except that a motor carrier--\n                    ``(A) is not a controller of the equipment solely \n                because it provides or arranges for any part of the \n                intermodal transportation of the equipment; and\n                    ``(B) may not be considered a controller of the \n                equipment if authority for systematic maintenance and \n                repairs of the equipment has not been delegated to the \n                motor carrier.\n            ``(13) `interchange', with respect to intermodal equipment, \n        means the act of providing the equipment to a motor carrier for \n        the purpose of transporting the equipment for loading or \n        unloading by any party or repositioning the equipment for the \n        benefit of the equipment controller, except that such term does \n        not mean the leasing of the equipment to a motor carrier for \n        use in the motor carrier's over-the-road freight hauling \n        operations.\n            ``(14) `applicable safety regulations' means the \n        regulations applicable to controllers of intermodal equipment \n        under section 5909 of this title.''.\n\nSEC. 5. JURISDICTION OVER EQUIPMENT CONTROLLERS.\n\n    Chapter 59 of title 49, United States Code, is amended by adding at \nthe end the following new section:\n``Sec. 5909. Jurisdiction over equipment controller\n    ``The authority of the Secretary of Transportation to prescribe \nregulations on commercial motor vehicle safety under section 31136 of \nthis title shall apply to controllers of intermodal equipment that is \ninterchanged or to be interchanged.''.\n\nSEC. 6. EQUIPMENT CONTROLLER RESPONSIBILITY.\n\n    (a) In General.--Chapter 59 of title 49, United States Code, as \namended by section 5, is further amended by adding at the end the \nfollowing new section:\n``Sec. 5910. Equipment inspection, repair, and maintenance\n    ``(a) In General.--Notwithstanding any provision of an equipment \ninterchange agreement, a controller of intermodal equipment that is \ninterchanged or to be interchanged--\n            ``(1) shall be responsible and held liable for the \n        systematic inspection, maintenance, and repair of the \n        equipment;\n            ``(2) shall, each time prior to offering a motor carrier \n        the equipment for interchange, inspect the equipment and \n        provide such maintenance on, and make such repairs to, the \n        equipment to ensure that such equipment complies with all \n        applicable safety regulations at all times; and\n            ``(3) shall not offer intermodal equipment to a motor \n        carrier unless such equipment has been inspected and repaired \n        as necessary to comply with such regulations.\n    ``(b) Reimbursement.--\n            ``(1) In general.--In the event that a repair of \n        interchanged intermodal equipment is necessary while in a motor \n        carrier's possession in order to comply with applicable safety \n        regulations, the controller of the equipment shall promptly \n        reimburse the motor carrier for the actual expenses that are \n        incurred by the motor carrier for the necessary repair, \n        together with compensation for any loss incurred by the motor \n        carrier by reason of delay in the transportation of the \n        equipment necessitated by the need for the repair.\n            ``(2) Exception.--The controller of intermodal equipment \n        shall not be liable to provide reimbursement or compensation \n        for a repair to a motor carrier under paragraph (1) if the \n        motor carrier's negligence or willful misconduct caused the \n        condition requiring the repair.\n    ``(c) Fines.--The Secretary may prescribe fines against controllers \nof intermodal equipment for violations of this section.''.\n\nSEC. 7. SAFETY COMPLIANCE.\n\n    (a) In General.--Chapter 59 of title 49, United States Code, as \namended by section 6, is further amended by adding at the end the \nfollowing new section:\n``Sec. 5911. Compliance with safety regulations\n    ``(a) Liability of Equipment Controller.--Notwithstanding any \nprovision of an equipment interchange agreement, the controller of \nintermodal equipment covered by such agreement shall be liable for each \nviolation of applicable safety regulations that is attributable to such \nequipment and shall pay any fine, penalty, and damages resulting from \nsuch violation, except that the controller of such equipment shall not \nbe liable for any such violations that is proximately caused by the \nnegligence or willful misconduct of a motor carrier that is not the \ncontroller of such equipment.\n    ``(b) Limitation on Liability of Motor Carrier.--A motor carrier \nwho receives intermodal equipment through interchange may not be held \nliable for a violation of applicable safety regulations that is \nattributable to such equipment other than under the circumstances and \nto the extent provided in subsection (a).\n    ``(c) Limitation on Effect.--No record or report of a violation of \napplicable safety regulations attributable to interchanged intermodal \nequipment, whether issued by a Federal, State, or local law enforcement \nauthority, shall have any effect on a motor carrier's overall safety \nrating or safety status measurement system score, as determined by the \nFederal Motor Carrier Safety Administration, or on a driving record of \na driver for the motor carrier unless such violation was proximately \ncaused by the negligence or willful misconduct of the motor carrier or \ndriver, respectively.\n    ``(d) Procedure for Records Corrections.--The Secretary of \nTransportation shall prescribe an expedited procedure to correct \nrecords or reports of violations that under subsection (c) should not \nhave been adversely affected by a violation of applicable safety \nregulations.''.\n    (b) Time for Prescribing Records Correction Procedures.--The \nSecretary shall issue final regulations setting forth the expedited \nprocedures required by section 5910(d) of title 49, United States Code, \nnot later than 180 days after the date of enactment of this Act.\n\nSEC. 8. AUTHORITY TO INSPECT.\n\n    Chapter 59 of title 49, United States Code, as amended by section \n7, is further amended by adding at the end the following new section:\n``Sec. 5912. Authority to inspect\n    ``(a) Authority.--The Secretary of Transportation is authorized to \nenter any facility of a controller of intermodal equipment interchanged \nfor use on a public highway in order to inspect the equipment to \ndetermine whether the equipment complies with the applicable \nregulations.\n    ``(b) Inspection Program.--The Secretary shall establish and \nimplement with appropriate staffing an inspection and audit program at \nfacilities of controllers of intermodal equipment in order to make \ndeterminations under subsection (a). Inspection of equipment and \nmaintenance records for such equipment at such facility shall take \nplace not less frequently than once every 3 months.\n    ``(c) Non-Complying Equipment.--Any intermodal equipment that is \ndetermined under this section as failing to comply with applicable \nsafety regulations shall be placed out of service and may not be used \non a public highway until the repairs necessary to bring such equipment \ninto compliance have been completed. Repairs of equipment placed out of \nservice shall be documented in the maintenance records for such \nequipment.''.\n\nSEC. 9. PROHIBITION ON RETALIATION.\n\n    Chapter 59 of title 49, United States Code, as amended by section \n8, is further amended by adding at the end the following new section:\n``Sec. 5913. Penalties for retaliation\n    ``(a) Retaliation Prohibited.--A controller of intermodal equipment \nmay not take any action to threaten, coerce, discipline, discriminate, \nor otherwise retaliate against a motor carrier in response to a request \nmade by the motor carrier for maintenance or repair of equipment \nintended for interchange in order to comply with the applicable safety \nregulations.\n    ``(b) Failure To Timely Provide Safe Equipment Deemed To Be \nRetaliation.--Upon receiving a motor carrier's request for maintenance \nor repair of intermodal equipment to be picked up by the motor carrier \nin an interchange of equipment, the controller of intermodal equipment \nshall be considered to have retaliated against the motor carrier for \nthe purposes of this section if the controller of intermodal equipment \nfails to provide the motor carrier with the equipment in a condition \ncompliant with the applicable safety regulations within 60 minutes \nafter the motor carrier arrives to pick up the equipment at the place \nwhere the equipment is to be picked up.\n    ``(c) Penalty.--A controller of intermodal equipment that violates \nsubsection (a) shall be liable to the United States Government for a \ncivil penalty of up to $10,000 for each violation.''.\n\nSEC. 10. DELEGATION OF MAINTENANCE RESPONSIBILITY.\n\n    Chapter 59 of title 49, United States Code, as amended by section \n9, is further amended by adding at the end the following new section:\n``Sec. 5914. Maintenance responsibility\n    ``A controller of intermodal equipment may not delegate its \nresponsibility to systematically maintain and repair equipment intended \nfor interchange to a motor carrier or motor carrier agent in an \nequipment interchange agreement.''.\n\nSEC. 11. COMPATIBILITY OF STATE LAWS.\n\n    (a) In General.--Chapter 59 of title 49, United States Code, as \namended by section 10, is further amended by adding at the end the \nfollowing new section:\n``Sec. 5915. Compatibility of State laws\n    ``(a) Preemption Generally.--Except as provided in subsection (b) \nor as otherwise authorized by Federal law, a law, regulation, order, or \nother requirement of a State or political subdivision of a State, or of \na tribal organization, is preempted if compliance with such law, \nregulation, order, or other requirement would preclude compliance with \na requirement imposed under this chapter.\n    ``(b) Certain Rules not Preempted.--A law, regulation, order, or \nother requirement of a State or political subdivision of a State, or of \na tribal organization, shall not be preempted under subsection (a) if \nsuch law, regulation, order, or other requirement is more stringent \nthan, but otherwise compatible with, a requirement under this chapter.\n    ``(c) Tribal Organization Defined.--In this section, the term \n`tribal organization' has the meaning given such term in section (4)(l) \nof the Indian Self-Determination and Education Assistance Act (25 \nU.S.C. 450b(l)).''.\n\nSEC. 12. REPEAL OF OBSOLETE PROVISION.\n\n    Section 5907 of title 49, United States Code, is repealed.\n\nSEC. 13. CLERICAL AMENDMENTS.\n\n    The table of sections at the beginning of such chapter is amended--\n            (1) by striking the item relating to section 5907; and\n            (2) by adding at the end the following:\n\n``5909. Jurisdiction over equipment controller.\n``5910. Equipment inspection, repair, and maintenance.\n``5911. Compliance with safety regulations.\n``5912. Authority to inspect.\n``5913. Penalties for retaliation.\n``5914. Maintenance responsibility.\n``5915. Compatibility of State laws.''.\n\nSEC. 14. IMPLEMENTING REGULATIONS.\n\n    (a) Regulations.--The Secretary of Transportation, after notice and \nopportunity for comment, shall issue regulations implementing the \nprovisions of this Act. The regulations shall be issued as part of the \nFederal Motor Carrier Safety Regulations of the Department of \nTransportation. The implementing regulations shall include--\n            (1) a requirement to identify controllers of intermodal \n        equipment that is interchanged or intended for interchange in \n        intermodal transportation;\n            (2) a requirement to match such equipment readily to its \n        controller through a unique identifying number;\n            (3) a requirement to ensure that each controller of \n        intermodal equipment maintains a system of maintenance and \n        repair records for such equipment;\n            (4) a requirement to evaluate the compliance of controllers \n        of intermodal equipment with the applicable Federal Motor \n        Carrier Safety Regulations;\n            (5) a provision that prohibits controllers of intermodal \n        equipment that fail to attain satisfactory compliance with such \n        regulations from authorizing the placement of equipment on \n        public highways;\n            (6) a requirement for the Secretary to consider the effect \n        that adequate maintenance facilities may have on safety \n        condition of equipment;\n            (7) a process by which motor carriers and agents of motor \n        carriers may anonymously petition the Federal Motor Carrier \n        Safety Administration to undertake an investigation of a \n        noncompliant controller of intermodal equipment;\n            (8) administrative procedures to resolve disputes arising \n        under the regulations; and\n            (9) the inspection and audit program required under section \n        5912(b) of title 49, United States Code, as added by section 8.\n    (b) Time for Issuing Regulations.--The regulations required under \nsubsection (a) shall be developed pursuant to a rulemaking proceeding \ninitiated not later than 120 days after the date of the enactment of \nthis Act and shall be issued not later than one year after such date of \nenactment.\n    (c) Definitions.--For the purposes of this section, the definitions \nset forth in section 5901 of title 49, United States Code, as amended \nby section 4, shall apply.\n\nSEC. 15. AUTHORIZATION OF APPROPRIATIONS.\n\n    There is authorized to be appropriated to the Federal Motor Carrier \nSafety Administration such sums as may be necessary for the \nestablishment and implementation of the inspection program required \nunder section 5912 of title 49, United States Code, as added by section \n8.\n\nSEC. 16. EFFECTIVE DATE.\n\n    Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of this Act and the \namendments made by such sections shall take effect 30 days after the \ndate of the enactment of this Act.","title":""}
+{"_id":"c241","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``International Development Act of \n1994''.\n\nSEC. 2. GLOBAL ENVIRONMENT FACILITY.\n\n    The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended \nby adding at the end the following:\n\n``SEC. 61. CONTRIBUTION TO GLOBAL ENVIRONMENT FACILITY.\n\n    ``(a) Contribution Authority.--\n            ``(1) In general.--The United States Governor of the Bank \n        may contribute $400,000,000 on behalf of the United States to \n        the Global Environment Facility.\n            ``(2) Subject to appropriations.--The authority provided by \n        paragraph (1) shall be effective only to such extent and in \n        such amounts as are provided in advance in appropriations Acts.\n    ``(b) Limitations on Authorization of Appropriations.--For the \ncontribution authorized by subsection (a), there are authorized to be \nappropriated to the Secretary of the Treasury not more than \n$400,000,000, without fiscal year limitation.''.\n\nSEC. 3. AFRICAN DEVELOPMENT FUND.\n\n    (a) In General.--The African Development Fund Act (22 U.S.C. 290g-\n290g-15) is amended by adding at the end the following:\n\n``SEC. 217. SEVENTH REPLENISHMENT.\n\n    ``(a) Contribution Authority.--\n            ``(1) In general.--The United States Governor of the Fund \n        may contribute $315,000,000 to the seventh replenishment of the \n        resources of the Fund.\n            ``(2) Subject to appropriations.--The authority provided by \n        paragraph (1) shall be effective only to such extent and in \n        such amounts as are provided in advance in appropriations Acts.\n    ``(b) Limitations on Authorization of Appropriations.--For the \ncontribution authorized by subsection (a), there are authorized to be \nappropriated to the Secretary of the Treasury not more than \n$315,000,000, without fiscal year limitation.''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on the later of--\n            (1) October 1, 1994; or\n            (2) the date the Secretary of the Treasury notifies the \n        Congress that the negotiations of the seventh replenishment of \n        the resources of the African Development Fund have been \n        concluded successfully.\n\nSEC. 4. INTER-AMERICAN DEVELOPMENT BANK AND FUND FOR SPECIAL \n              OPERATIONS.\n\n    The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is \namended by adding at the end the following:\n\n``SEC. 38. CAPITAL INCREASE; INCREASE IN RESOURCES OF FUND FOR SPECIAL \n              OPERATIONS.\n\n    ``(a) Authority To Vote for Increase in Authorized Capital Stock of \nBank and Increase in Resources of Fund for Special Operations.--The \nUnited States Governor of the Bank may vote for resolutions which--\n            ``(1) were transmitted by the Board of Executive Directors \n        to the Governors of the Bank by resolution of __________;\n            ``(2) are pending before the Board of Governors of the \n        Bank; and\n            ``(3) provide for--\n                    ``(A) an increase in the authorized capital stock \n                of the Bank and subscriptions to the Bank; and\n                    ``(B) an increase in the resources of the Fund for \n                Special Operations and contributions to the Fund.\n    ``(b) Subscription and Contribution Authority.--\n            ``(1) In general.--On adoption of the resolutions described \n        in subsection (a), the United States Governor of the Bank may, \n        on behalf of the United States--\n                    ``(A) subscribe to 760,644 shares of the increase \n                in the authorized capital stock of the Bank, 12,738 of \n                which shall be shares of paid-in capital stock and \n                747,906 of which shall be shares of callable capital \n                stock; and\n                    ``(B) contribute $82,304,000 to the Fund for \n                Special Operations.\n            ``(2) Subject to appropriations.--The authority provided by \n        paragraph (1) shall be effective only to such extent and in \n        such amounts as are provided in advance in appropriations Acts.\n    ``(c) Limitations on Authorization of Appropriations.--\n            ``(1) Subscription.--For the subscription authorized by \n        subsection (b)(1)(A), there are authorized to be appropriated \n        to the Secretary of the Treasury, without fiscal year \n        limitation--\n                    ``(A) not more than $76,832,001 for shares of paid-\n                in capital stock of the Bank; and\n                    ``(B) not more than $4,511,156,729 for shares of \n                callable capital stock of the Bank.\n            ``(2) Contribution.--For the contribution authorized by \n        subsection (b)(1)(B), there are authorized to be appropriated \n        to the Secretary of the Treasury not more than $82,304,000, \n        without fiscal year limitation.\n    ``(d) Authority To Vote for Certain Resolutions.--The United States \nGovernor of the Bank may vote for a proposed resolution of the Board of \nGovernors entitled `Amendments to the Agreement Establishing the Inter-\nAmerican Development Bank, the Regulations of the Board of Governors, \nthe General Rules Governing Admission of Nonregional Countries to \nMembership in the Bank, and the Regulations for the Election of \nExecutive Directors', which was submitted to the Board of Governors \npursuant to a resolution of the Board of Executive Directors approved \non __________.''.\n\nSEC. 5. ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL \n              MONETARY FUND.\n\n    The Bretton Woods Agreements Act (22 U.S.C. 286-286mm), as amended \nby section 2 of this Act, is amended by adding at the end the \nfollowing:\n\n``SEC. 62. CONTRIBUTION TO THE INTEREST SUBSIDY ACCOUNT OF THE ENHANCED \n              STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL \n              MONETARY FUND.\n\n    ``(a) Contribution Authority.--\n            ``(1) In general.--Subject to paragraph (2), the United \n        States Governor of the Fund may make contributions on behalf of \n        the United States in fulfillment of the United States \n        commitment to contribute to the Interest Subsidy Account of the \n        Enhanced Structural Adjustment Facility of the Fund.\n            ``(2) Subject to appropriations.--The authority provided by \n        paragraph (1) shall be effective only to such extent and in \n        such amounts as are provided in advance in appropriations Acts.\n    ``(b) Limitation on Authorization of Appropriations.--For the \ncontribution authorized by subsection (a), there are authorized to be \nappropriated to the Secretary of the Treasury not more than \n$25,000,000, without fiscal year limitation.''.\n\nSEC. 6. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY INVOLVEMENT \n              IN THE ECONOMIES OF RECIPIENT COUNTRIES.\n\n    Title XV of the International Financial Institutions Act (22 U.S.C. \n262o) is amended by adding at the end the following:\n\n``SEC. 1502. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY \n              INVOLVEMENT IN THE ECONOMIES OF RECIPIENT COUNTRIES.\n\n    ``(a) Consideration of Commitment to Achieving Certain Goals.--The \nSecretary of the Treasury shall instruct the United States Executive \nDirectors of the international financial institutions (as defined in \nsection 1701(c)(2)) to promote growth in the international economy by \ntaking into account, when considering whether to support or oppose loan \nproposals at these institutions, the extent to which the recipient \ngovernment has demonstrated a commitment to achieving the following \ngoals:\n            ``(1) To provide accurate and complete data on the annual \n        expenditures and receipts of the armed forces.\n            ``(2) To end excessive military involvement in the economy.\n            ``(3) To make substantial reductions in excessive military \n        spending and forces.\n            ``(4) To end corruption involoving members of the armed \n        forces.\nThe Secretary shall submit to the Committees on Banking, Finance and \nUrban Affairs and on Appropriations of the House of Representatives and \nthe Committees on Foreign Relations and on Appropriations of the Senate \na report on the steps taken to determine appropriate definitions of the \ngoals set forth in subsection (a).\n    ``(b) Steps to Achieve Goals Required.--The Secretary of the \nTreasury shall instruct the United States Executive Directors of the \ninternational financial institutions (as so defined) to promote a \npolicy at each institution under which--\n            ``(1) the staff will include in its supporting documents \n        for each proposed loan a report on military expenditures and an \n        assessment of the steps taken by the recipient government to \n        achieve the goals set forth in subsection (a);\n            ``(2) the governing body will not approve proposed loans \n        where insufficient effort has been made to achieve such goals, \n        except in cases where the proposed loans are specifically \n        designed to meet the basic human needs of the poor; and\n            ``(3) a report on military expenditures and an assessment \n        of the steps taken by the recipient government to achieve the \n        goals set forth in subsection (a) will be included in regular \n        policy consultations with developing countries.\n    ``(c) Conditional Opposition to Loans to Indonesia.--In furtherance \nof the policy established by subsection (a), the Secretary of the \nTreasury, in consultation with the Secretary of State, shall, not later \nthan May 1, 1995, submit to the Committees on Banking, Finance and \nUrban Affairs and on Appropriations of the House of Representatives and \nthe Committees on Foreign Relations and on Appropriations of the Senate \na report on the performance of the Government of Indonesia in achieving \nor implementing a credible plan to achieve the goals set forth in \nsubsection (a).''.\n\nSEC. 7. RESPECT FOR INDIGENOUS PEOPLES.\n\n    Title XVI of the International Financial Institutions Act (22 \nU.S.C. 262p-262p-5) is amended by redesignating section 1620 as section \n1621 and by inserting after section 1619 the following:\n\n``SEC. 1620. RESPECT FOR INDIGENOUS PEOPLES.\n\n    ``The Secretary of the Treasury shall direct the United States \nExecutive Directors of the international financial institutions (as \ndefined in section 1701(c)(2)) and the United States representative to \nthe council of the Global Environment Facility administered by the \nInternational Bank for Reconstruction and Development to use the voice \nand vote of the United States to bring about the creation and full \nimplementation of policies designed to promote respect for and full \nprotection of the territorial rights, traditional economies, cultural \nintegrity, traditional knowledge, and human rights of indigenous \npeoples.''.\n\nSEC. 8. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE CARRIBEAN.\n\n    The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is \namended by adding at the end the following:\n\n``SEC. 38. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE \n              CARRIBEAN.\n\n    ``The Secretary of the Treasury shall direct the United States \nExecutive Director of the Bank to use the voice and vote of the United \nStates to support an increased focus on the poorest countries in Latin \nAmerica and the Carribean, and on poorer areas of better off countries, \nand to support porgrams conducted by the Multilateral Investment Fund, \nparticularly in targeting low-income countries and populations, working \nwith nongovernmental organizations and training and assisting former \ncombatants from civil conflicts in Latin America.''.\n\nSEC. 9. GUARANTEE OF WORKER RIGHTS.\n\n    Title XVI of the International Financial Institutions Act (22 \nU.S.C. 262p-262p-5), as amended by section 7 of this Act, is amended by \nredesignating section 1621 as section 1622 and by inserting after \nsection 1620 the following:\n\n``SEC. 1621. GUARANTEE OF WORKER RIGHTS.\n\n    ``The Secretary of the Treasury shall direct the United States \nExecutive Director at each international financial institution (as \ndefined in section 1701(c)(2) of this Act) to use the voice and vote of \nthe United States to urge the respective institution to adopt policies \nto encourage borrowing countries to guarantee internationally \nrecognized worker rights (within the meaning of section 502(a)(4) of \nthe Trade Act of 1974).''.","title":""}
+{"_id":"c242","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``International Space Station \nIndependent Safety Commission Act of 2004''.\n\nSEC. 2. DEFINITIONS.\n\n    For purposes of this Act--\n            (1) the term ``Commission'' means the Commission \n        established under this Act;\n            (2) the term ``ISS'' means the International Space Station;\n            (3) the term ``NASA'' means the National Aeronautics and \n        Space Administration;\n            (4) the term ``NASA Administrator'' means the Administrator \n        of NASA; and\n            (5) the term ``NTSB'' means the National Transportation \n        Safety Board.\n\nSEC. 3. ESTABLISHMENT OF COMMISSION.\n\n    (a) Establishment.--The President shall establish an independent, \nnonpartisan Commission within the executive branch to discover and \nassess any vulnerabilities of the International Space Station that \ncould lead to its destruction, compromise the health of its crew, or \nnecessitate its premature abandonment.\n    (b) Deadline for Establishment.--The President shall issue an \nexecutive order establishing a Commission within 30 days after the date \nof enactment of this Act.\n\nSEC. 4. COMPOSITION OF COMMISSION.\n\n    (a) Number of Commissioners.--The Commission shall consist of 15 \nmembers.\n    (b) Selection.--The members of the Commission shall be chosen in \nthe following manner:\n            (1) The Chairman of the NTSB shall be a member of the \n        Commission.\n            (2) The President shall appoint the remaining 14 members, \n        and shall designate the Chairman and Vice Chairman of the \n        Commission from among its members.\n            (3) Five of the 14 members appointed by the President shall \n        be selected by the President in the following manner:\n                    (A) The majority leader of the Senate, the minority \n                leader of the Senate, the Speaker of the House of \n                Representatives, the minority leader of the House of \n                Representatives, and the President of the collective-\n                bargaining organization including the largest number of \n                NASA engineers, shall each provide to the President a \n                list of candidates for membership on the Commission.\n                    (B) The President shall select one of the \n                candidates from each of the 5 lists for membership on \n                the Commission.\n            (4)(A) With the exception of the Chairman of the NTSB, no \n        officer or employee of the Federal Government shall serve as a \n        member of the Commission.\n            (B) No member of the Commission shall have, or have \n        pending, a contractual relationship with NASA.\n            (C) The President may waive the prohibitions in \n        subparagraphs (A) and (B) with respect to the selection of not \n        more than 2 members of the Commission.\n            (5) The President shall not appoint any individual as a \n        member of the Commission who has a current or former \n        relationship with the NASA Administrator that the President \n        determines would constitute a conflict of interest.\n            (6) To the extent practicable, the President shall ensure \n        that the members of the Commission include some individuals \n        with experience relative to human-carrying spacecraft, as well \n        as some individuals with investigative experience and some \n        individuals with legal experience.\n            (7) To the extent practicable, the President shall seek \n        diversity in the membership of the Commission.\n    (c) Deadline for Appointment.--All members of the Commission shall \nbe appointed no later than 60 days after issuance of the executive \norder establishing the Commission.\n    (d) Initial Meeting.--The Commission shall meet and begin \noperations as soon as practicable.\n    (e) Quorum; Vacancies.--After its initial meeting, the Commission \nshall meet upon the call of the Chairman or a majority of its members. \nEight members of the Commission shall constitute a quorum. Any vacancy \nin the Commission shall not affect its powers, but shall be filled in \nthe same manner in which the original appointment was made.\n\nSEC. 5. TASKS OF THE COMMISSION.\n\n    The Commission shall, to the extent possible, undertake the \nfollowing tasks:\n            (1) Catalog threats to and vulnerabilities of the ISS, \n        including design flaws, natural phenomena, computer software or \n        hardware flaws, sabotage or terrorist attack, number of \n        crewmembers, and inability to adequately deliver replacement \n        parts and supplies, and management or procedural deficiencies.\n            (2) Make recommendations for corrective actions.\n            (3) Provide any additional findings or recommendations \n        considered by the Commission to be important, whether or not \n        they are related to ISS safety.\n            (4) Prepare a report to Congress, the President, and the \n        public.\n\nSEC. 6. POWERS OF COMMISSION.\n\n    (a) In General.--\n            (1) Hearings and evidence.--The Commission or, on the \n        authority of the Commission, any subcommittee or member \n        thereof, may, for the purpose of carrying out this Act--\n                    (A) hold such hearings and sit and act at such \n                times and places, take such testimony, receive such \n                evidence, administer such oaths; and\n                    (B) subject to paragraph (2)(A), require, by \n                subpoena or otherwise, the attendance and testimony of \n                such witnesses and the production of such books, \n                records, correspondence, memoranda, papers, and \n                documents,\n        as the Commission or such designated subcommittee or designated \n        member may determine advisable.\n            (2) Subpoenas.--\n                    (A) Issuance.--\n                            (i) In general.--A subpoena may be issued \n                        under this subsection only--\n                                    (I) by the agreement of the \n                                Chairman and the Vice Chairman; or\n                                    (II) by the affirmative vote of 8 \n                                members of the Commission.\n                            (ii) Signature.--Subject to clause (i), \n                        subpoenas issued under this subsection may be \n                        issued under the signature of the Chairman or \n                        any member designated by a majority of the \n                        Commission, and may be served by any person \n                        designated by the Chairman or by a member \n                        designated by a majority of the Commission.\n                    (B) Enforcement.--\n                            (i) In general.--In the case of contumacy \n                        or failure to obey a subpoena issued under \n                        subparagraph (A), the United States district \n                        court for the judicial district in which the \n                        subpoenaed person resides, is served, or may be \n                        found, or where the subpoena is returnable, may \n                        issue an order requiring such person to appear \n                        at any designated place to testify or to \n                        produce documentary or other evidence. Any \n                        failure to obey the order of the court may be \n                        punished by the court as a contempt of that \n                        court.\n                            (ii) Additional enforcement.--In the case \n                        of a failure of a witness to comply with a \n                        subpoena or to testify when summoned under \n                        authority of this section, the Commission may, \n                        by majority vote, certify a statement of fact \n                        constituting such failure to the appropriate \n                        United States attorney, who may bring the \n                        matter before a grand jury for its action, \n                        under the same statutory authority and \n                        procedures as if the United States attorney had \n                        received a certification under sections 102 \n                        through 104 of the Revised Statutes of the \n                        United States (2 U.S.C. 192 through 194).\n    (b) Contracting.--The Commission may, to such extent and in such \namounts as are provided in appropriation Acts, enter into contracts to \nenable the Commission to discharge its duties under this Act.\n    (c) Information From Federal Agencies.--\n            (1) In general.--The Commission may secure directly from \n        any executive department, bureau, agency, board, commission, \n        office, independent establishment, or instrumentality of the \n        Government, information, suggestions, estimates, and statistics \n        for the purposes of this Act. Each department, bureau, agency, \n        board, commission, office, independent establishment, or \n        instrumentality shall, to the extent authorized by law, furnish \n        such information, suggestions, estimates, and statistics \n        directly to the Commission, upon request made by the Chairman, \n        the chairman of any subcommittee created by a majority of the \n        Commission, or any member designated by a majority of the \n        Commission.\n            (2) Receipt, handling, storage, and dissemination.--\n        Information shall be received, handled, stored, and \n        disseminated by members of the Commission and its staff \n        consistent with all applicable statutes, regulations, and \n        Executive orders.\n    (d) Assistance From Federal Agencies.--\n            (1) General services administration.--The Administrator of \n        General Services shall provide to the Commission on a \n        reimbursable basis administrative support and other services \n        for the performance of the Commission's tasks.\n            (2) Other departments and agencies.--In addition to the \n        assistance prescribed in paragraph (1), departments and \n        agencies of the United States may provide to the Commission \n        such services, funds, facilities, staff, and other support \n        services as they may determine advisable and as may be \n        authorized by law.\n            (3) NASA engineering and safety center.--The NASA \n        Engineering and Safety Center shall provide data and technical \n        support as requested by the Commission.\n    (e) Postal Services.--The Commission may use the United States \nmails in the same manner and under the same conditions as departments \nand agencies of the United States.\n\nSEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.\n\n    (a) Public Meetings and Release of Public Versions of Reports.--The \nCommission shall--\n            (1) hold public hearings and meetings to the extent \n        appropriate; and\n            (2) release public versions of the reports required under \n        this Act.\n    (b) Public Hearings.--Any public hearings of the Commission shall \nbe conducted in a manner consistent with the protection of information \nprovided to or developed for or by the Commission as required by any \napplicable statute, regulation, or Executive order.\n\nSEC. 8. STAFF OF COMMISSION.\n\n    (a) In General.--\n            (1) Appointment and compensation.--The Chairman, in \n        consultation with Vice Chairman, in accordance with rules \n        agreed upon by the Commission, may appoint and fix the \n        compensation of a staff director and such other personnel as \n        may be necessary to enable the Commission to carry out its \n        functions, without regard to the provisions of title 5, United \n        States Code, governing appointments in the competitive service, \n        and without regard to the provisions of chapter 51 and \n        subchapter III of chapter 53 of such title relating to \n        classification and General Schedule pay rates, except that no \n        rate of pay fixed under this paragraph may exceed the \n        equivalent of that payable for a position at level V of the \n        Executive Schedule under section 5316 of title 5, United States \n        Code. Employees of NASA shall not be appointed to the staff of \n        the Commission.\n            (2) Personnel as federal employees.--\n                    (A) In general.--The executive director and any \n                personnel of the Commission shall be considered \n                employees under section 2105 of title 5, United States \n                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, \n                89, and 90 of that title.\n                    (B) Members of commission.--Subparagraph (A) does \n                not apply to members of the Commission.\n    (b) Detailees.--Any Federal Government employee, except for an \nemployee of NASA, may be detailed to the Commission without \nreimbursement from the Commission, and such detailee shall retain the \nrights, status, and privileges of his or her regular employment without \ninterruption.\n    (c) Consultant Services.--The Commission may procure the services \nof experts and consultants in accordance with section 3109 of title 5, \nUnited States Code, but at rates not to exceed the daily rate paid a \nperson occupying a position at level IV of the Executive Schedule under \nsection 5315 of title 5, United States Code. Any consultant or expert \nwhose services are procured under this subsection shall disclose any \ncontract or association it has with NASA or any NASA contractor.\n\nSEC. 9. COMPENSATION AND TRAVEL EXPENSES.\n\n    (a) Compensation.--Each member of the Commission may be compensated \nat not to exceed the daily equivalent of the annual rate of basic pay \nin effect for a position at level IV of the Executive Schedule under \nsection 5315 of title 5, United States Code, for each day during which \nthat member is engaged in the actual performance of the duties of the \nCommission.\n    (b) Travel Expenses.--While away from their homes or regular places \nof business in the performance of services for the Commission, members \nof the Commission shall be allowed travel expenses, including per diem \nin lieu of subsistence, in the same manner as persons employed \nintermittently in the Government service are allowed expenses under \nsection 5703(b) of title 5, United States Code.\n\nSEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.\n\n    The appropriate Federal agencies or departments shall cooperate \nwith the Commission in expeditiously providing to the Commission \nmembers and staff appropriate security clearances to the extent \npossible pursuant to existing procedures and requirements. No person \nshall be provided with access to classified information under this Act \nwithout the appropriate security clearances.\n\nSEC. 11. REPORTING REQUIREMENTS AND TERMINATION.\n\n    (a) Interim Reports.--The Commission may submit to the President \nand Congress interim reports containing such findings, conclusions, and \nrecommendations for corrective actions as have been agreed to by a \nmajority of Commission members.\n    (b) Final Report.--The Commission shall submit to the President and \nCongress, and make concurrently available to the public, a final report \ncontaining such findings, conclusions, and recommendations for \ncorrective actions as have been agreed to by a majority of Commission \nmembers. Such report shall include any minority views or opinions not \nreflected in the majority report.\n    (c) Termination.--\n            (1) In general.--The Commission, and all the authorities of \n        this Act with respect to the Commission, shall terminate 60 \n        days after the date on which the final report is submitted \n        under subsection (b).\n            (2) Administrative activities before termination.--The \n        Commission may use the 60-day period referred to in paragraph \n        (1) for the purpose of concluding its activities, including \n        providing testimony to committees of Congress concerning its \n        reports and disseminating the final report.\n    (d) National Academy of Sciences Review.--The NASA Administrator \nshall enter into an arrangement with the National Academy of Sciences \nfor a review of compliance with the recommendations of the Commission. \nThe National Academy of Sciences may consult with former members of the \nCommission as appropriate. The NASA Administrator shall transmit a \nreport to the Congress containing the results of the review not later \nthan 18 months after the date the final report of the Commission is \nsubmitted under section 11(b).\n\nSEC. 12. FUNDING.\n\n    Such sums as are necessary to carry out this Act are authorized to \nbe appropriated. Sums authorized by this Act shall remain available \nuntil the termination of the Commission.","title":""}
+{"_id":"c243","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``International Tuberculosis Control \nAct of 2002''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that:\n            (1) Tuberculosis is a great health and economic burden to \n        impoverished nations and a health and security threat to the \n        United States and other industrialized countries.\n            (2) Tuberculosis kills 2,000,000 people each year (a person \n        every 15 seconds) and is second only to HIV\/AIDS as the \n        greatest infectious killer of adults worldwide.\n            (3) Tuberculosis is today the leading killer of women of \n        reproductive age and of people who are HIV-positive.\n            (4) One-third of the world's population is currently \n        infected with the tuberculosis bacterium, including 10,000,000 \n        through 15,000,000 persons in the United States, and someone in \n        the world is newly infected with tuberculosis every second.\n            (5) With 46 percent of tuberculosis cases in the United \n        States in the year 2000 found in foreign-born persons, as \n        compared to 24 percent in 1990, it is clear that the only way \n        to control tuberculosis in the United States is to control it \n        worldwide.\n            (6) Left untreated, a person with active tuberculosis can \n        infect an average of 10 through 15 people in one year.\n            (7) Pakistan and Afghanistan are among the 22 countries \n        identified by the World Health Organization as having the \n        highest tuberculosis burden globally.\n            (8) More than one-quarter of all adult deaths in Pakistan \n        are due to tuberculosis, and Afghan refugees entering Pakistan \n        have very high rates of tuberculosis, with refugee camps, in \n        particular, being areas where tuberculosis runs rampant.\n            (9) The tuberculosis and AIDS epidemics are inextricably \n        linked. Tuberculosis is the first manifestation of AIDS in more \n        than 50 percent of cases in developing countries and is \n        responsible for 40 percent or more of deaths of people with \n        AIDS worldwide.\n            (10) An effective, low-cost cure exists for tuberculosis: \n        Directly Observed Treatment Short-course or DOTS. Expansion of \n        DOTS is an urgent global priority.\n            (11) DOTS is one of the most cost-effective health \n        interventions available today. A full course of DOTS drugs \n        costs as little as US$10 in low-income countries.\n            (12) Proper DOTS treatment is imperative to prevent the \n        development of dangerous multidrug resistant tuberculosis (MDR-\n        TB) that arises through improper or incomplete tuberculosis \n        treatment.\n            (13) The Global Fund to fight AIDS, Tuberculosis, and \n        Malaria is an important new global partnership established to \n        combat these 3 infectious diseases that together kill 6,000,000 \n        people a year. Expansion of effective tuberculosis treatment \n        programs should constitute a major component of Global Fund \n        investment.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) DOTS.--The term ``DOTS'' or ``Directly Observed \n        Treatment Short-course'' means the World Health Organization-\n        recommended strategy for treating standard tuberculosis.\n            (2) Global alliance for tuberculosis drug development.--The \n        term ``Global Alliance for Tuberculosis Drug Development'' \n        means the public-private partnership that brings together \n        leaders in health, science, philanthropy, and private industry \n        to devise new approaches to tuberculosis and to ensure that new \n        medications are available and affordable in high tuberculosis \n        burden countries and other affected countries.\n            (3) Global plan to stop tuberculosis.--The term ``Global \n        Plan to Stop Tuberculosis'' means the plan developed jointly by \n        the Stop Tuberculosis Partnership Secretariat and Partners in \n        Health that lays out what needs to be done to control and \n        eliminate tuberculosis.\n            (4) Global tuberculosis drug facility.--The term ``Global \n        Tuberculosis Drug Facility (GDF)'' means the new initiative of \n        the Stop Tuberculosis Partnership to increase access to high-\n        quality tuberculosis drugs to facilitate DOTS expansion.\n            (5) Stop tuberculosis partnership.--The term ``Stop \n        Tuberculosis Partnership'' means the partnership of the World \n        Health Organization, donors including the United States, high \n        tuberculosis burden countries, multilateral agencies, and \n        nongovernmental and technical agencies committed to short- and \n        long-term measures required to control and eventually eliminate \n        tuberculosis as a public health problem in the world.\n\n SEC. 4. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL, \n              AND ELIMINATION.\n\n    Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2151b(c)) is amended by adding at the end the following:\n            ``(7)(A) Congress recognizes the growing international \n        problem of tuberculosis and the impact its continued existence \n        has on those countries that had previously largely controlled \n        the disease. Congress further recognizes that the means exist \n        to control and treat tuberculosis by implementing the Global \n        Plan to Stop Tuberculosis and by adequately investing in newly \n        created mechanisms, including the Global Tuberculosis Drug \n        Facility, and that it is therefore a major objective of the \n        foreign assistance program to control the disease. To this end, \n        Congress expects the agency primarily responsible for \n        administering this part--\n                    ``(i) to coordinate with the World Health \n                Organization, the Centers for Disease Control, the \n                National Institutes of Health, and other organizations \n                with respect to the development and implementation of a \n                comprehensive tuberculosis control program; and\n                    ``(ii) to set as a goal the detection of at least \n                70 percent of the cases of infectious tuberculosis, and \n                the cure of at least 85 percent of the cases detected, \n                by December 31, 2005, in those countries classified by \n                the World Health Organization as among the highest \n                tuberculosis burden, and by December 31, 2010, in all \n                countries in which the agency has established \n                development programs.\n            ``(B)(i) There is authorized to be appropriated \n        $200,000,000 for each of the fiscal years 2003 through 2005 for \n        carrying out this paragraph.\n            ``(ii) Funds appropriated under this paragraph are \n        authorized to remain available until expended.\n            ``(C) In carrying out subparagraph (A), not less than 75 \n        percent of the amount authorized to be appropriated under \n        subparagraph (B) shall be expended for antituberculosis drugs, \n        supplies, patient services, and training in diagnosis and care, \n        in order to increase directly observed treatment shortcourse \n        (DOTS) coverage, including funding for the Global Tuberculosis \n        Drug Facility.\n            ``(D) In carrying out subparagraph (A), of the amount \n        authorized to be appropriated under subparagraph (B)--\n                    ``(i) not less than 10 percent shall be used for \n                funding of the Global Tuberculosis Drug Facility;\n                    ``(ii) not less than 7.5 percent shall be used for \n                funding of the Stop Tuberculosis Partnership; and\n                    ``(iii) not less than 2.5 percent shall be used for \n                funding of the Global Alliance for Tuberculosis Drug \n                Development.\n            ``(E) The President shall submit a report to Congress \n        annually specifying the increases in the number of people \n        treated and the increases in number of tuberculosis patients \n        cured through each program, project, or activity receiving \n        United States foreign assistance for tuberculosis control \n        purposes.''.","title":""}
+{"_id":"c244","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Internet Freedom and Broadband \nDeployment Act of 1999''.\n\n SEC. 2. FINDINGS AND PURPOSE.\n\n    (a) Findings.--Congress finds the following:\n            (1) Internet access services are inherently interstate and \n        international in nature, and should therefore not be subject to \n        regulation by the States.\n            (2) The imposition of regulations by the Federal \n        Communications Commission and the States has impeded the rapid \n        delivery of high speed Internet access services to the public, \n        thereby reducing consumer choice and welfare.\n            (3) The Telecommunications Act of 1996 represented a \n        careful balance between the need to open up local \n        telecommunications markets to competition and the need to \n        increase competition in the provision of interLATA voice \n        telecommunications services.\n            (4) In enacting the prohibition on Bell operating company \n        provision of interLATA services, Congress recognized that \n        certain telecommunications services have characteristics that \n        render them incompatible with the prohibition on Bell operating \n        company provision of interLATA services, and exempted such \n        services from the interLATA prohibition.\n            (5) High speed data services and Internet access services \n        constitute unique markets that are likewise incompatible with \n        the prohibition on Bell operating company provision of \n        interLATA services.\n            (6) Since the enactment of the Telecommunications Act of \n        1996, the Federal Communications Commission has construed the \n        prohibition on Bell operating company provision of interLATA \n        services in a manner that has impeded the development of \n        advanced telecommunications services, thereby limiting consumer \n        choice and welfare.\n            (7) Internet users should have choice among competing \n        Internet service providers.\n            (8) Internet service providers should have the right to \n        interconnect with high speed data networks in order to provide \n        service to Internet users.\n    (b) Purposes.--It is therefore the purpose of this Act to provide \nmarket incentives for the rapid delivery of advanced telecommunications \nservices--\n            (1) by deregulating high speed data services and Internet \n        access services;\n            (2) by clarifying that the prohibition on Bell operating \n        company provision of interLATA services does not extend to the \n        provision of high speed data services and Internet access \n        services;\n            (3) by ensuring that consumers can choose among competing \n        Internet service providers; and\n            (4) by ensuring that Internet service providers can \n        interconnect with competitive high speed data networks in order \n        to provide Internet access service to the public.\n\n SEC. 3. DEFINITIONS\n\n    (a) Amendments.--Section 3 of the Communications Act of 1934 (47 \nU.S.C. 153) is amended--\n            (1) by redesignating paragraph (20) as paragraph (21);\n            (2) by redesignating paragraphs (21) through (52) as \n        paragraphs (24) through (54), respectively;\n            (3) by inserting after paragraph (19) the following new \n        paragraph:\n            ``(20) High speed data service.--The term `high speed data \n        service' means any service that consists of or includes the \n        offering of a capability to transmit, using a packet-switched \n        or successor technology, information at a rate that is \n        generally not less than 384 kilobits per second in at least one \n        direction.'';\n            (4) by inserting after paragraph (22) the following new \n        paragraphs:\n            ``(23) Internet.--The term ``Internet'' means collectively \n        the myriad of computer and telecommunications facilities, \n        including equipment and operating software, which comprise the \n        interconnected world-wide network of networks that employ the \n        Transmission Control Protocol\/Internet Protocol, or any \n        predecessor or successor protocols to such protocol, to \n        communicate information of all kinds by wire or radio.\n            ``(24) Internet Access Service.--The term `Internet access \n        service' means (A) a service that combines computer processing, \n        information storage, protocol conversion, and routing with \n        transmission to enable users to access Internet content and \n        services, and (B) the transmission of such service, but does \n        not include the portion of such transmission from the user to \n        the provider of such service.''.\n    (b) Conforming Amendments.--\n            (1) Section 230(f) of the Communications Act of 1934 (47 \n        U.S.C. 230(f)) is amended--\n                    (A) by striking paragraph (1); and\n                    (B) by redesignating paragraphs (2) through (4) as \n                paragraphs (1) through (3), respectively.\n            (2) Section 223(h)(2) of such Act (47 U.S.C. 223(h)(2)) is \n        amended by striking ``230(f)(2)'' and inserting ``230(f)(1)''.\n\n SEC. 4. LIMITATION ON AUTHORITY TO REGULATE HIGH SPEED DATA SERVICES.\n\n    (a) In General.--Part I of title II of the Communications Act of \n1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 232. PROVISION OF HIGH SPEED DATA SERVICES.\n\n    ``(a) Freedom From Regulation.--Except to the extent that high \nspeed data service and Internet access service are expressly referred \nto in this Act, neither the Commission, nor any State, shall have \nauthority to regulate the rates, charges, terms, or conditions for, or \nentry into the provision of, any high speed data service or Internet \naccess service, or to regulate the facilities used in the provision of \neither such service.\n    ``(b) Savings Provision.--Nothing in this section shall be \nconstrued to limit or affect the authority of any State to regulate \nvoice telephone exchange services, nor affect the rights of cable \nfranchise authorities to establish requirements that are otherwise \nconsistent with this Act.\n    ``(c) Continued Enforcement of ESP Exemption, Universal Service \nRules Permitted.--Nothing in this section shall affect the ability of \nthe Commission to retain or modify--\n            ``(1) the exemption from interstate access charges for \n        enhanced service providers under Part 69 of the Commission's \n        Rules; or\n            ``(2) rules issued pursuant to section 254.''.\n    (b) Conforming Amendment.--Section 251 of the Communications Act of \n1934 (47 U.S.C. 251) is amended by adding at the end thereof the \nfollowing new subsection:\n    ``(j) Exemption.--\n            ``(1) In general.--Notwithstanding the provisions of \n        subsections (c) and (d), the Commission shall not require an \n        incumbent local exchange carrier to--\n                    ``(A) provide unbundled access to any network \n                elements used in the provision of any high speed data \n                service, other than those network elements described in \n                section 51.319 of the Commission's regulations (47 \n                C.F.R. 51.319), as in effect on January 1, 1999; or\n                    ``(B) offer for resale at wholesale rates any high \n                speed data service.\n            ``(2) Authority to reduce elements subject to \n        requirement.--Paragraph (1)(A) shall not prohibit the \n        Commission from modifying the regulation referred to in that \n        paragraph to reduce the number of network elements subject to \n        the unbundling requirement, or to forbear from enforcing any \n        portion of that regulation in accordance with the Commission's \n        authority under section 706 of the Telecommunications Act of \n        1996, notwithstanding any limitation on that authority in \n        section 10 of this Act.''.\n\nSEC. 5. INTERNET CONSUMERS FREEDOM OF CHOICE.\n\n    Part I of title II of the Communications Act of 1934, as amended by \nsection 4, is amended by adding at the end the following new section:\n\n``SEC. 233. INTERNET CONSUMERS FREEDOM OF CHOICE.\n\n    ``(a) Purpose.--It is the purpose of this section to ensure that \nInternet users have freedom of choice of Internet service provider.\n    ``(b) Obligations of Incumbent Local Exchange Carriers.--- Each \nincumbent local exchange carrier has the duty to provide--\n            ``(1) Internet users with the ability to subscribe to and \n        have access to any Internet service provider that interconnects \n        with such carrier's high speed data service;\n            ``(2) any Internet service provider with the right to \n        acquire the facilities and services necessary to interconnect \n        with such carrier's high speed data service for the provision \n        of Internet access service; and\n            ``(3) any Internet service provider with the ability to \n        collocate equipment in accordance with the provisions of \n        section 251, to the extent necessary to achieve the objectives \n        of paragraphs (1) and (2) of this subsection.\n    ``(c) Definitions.--As used in this section--\n            ``(1) Internet service provider.--The term `Internet \n        service provider' means any provider of Internet access \n        service.\n            ``(2) Incumbent local exchange carrier.--The term \n        `incumbent local exchange carrier' has the same meaning as \n        provided in section 251(h).''.\n\nSEC. 6. INCIDENTAL INTERLATA PROVISION OF HIGH SPEED DATA AND INTERNET \n              ACCESS SERVICES.\n\n    (a) Incidental InterLATA Service Premitted.--Section 271(g) of the \nCommunications Act of 1934 (47 U.S.C. 271(g)) is amended--\n            (1) by striking ``or'' at the end of paragraph (5);\n            (2) by striking the period at the end of paragraph (6) and \n        inserting ``; or''; and\n            (3) by adding at the end thereof the following new \n        paragraph:\n            ``(7) of high speed data service or Internet access \n        service.''.\n    (b) Prohibition on Marketing Voice Services.--Section 271 of such \nAct is amended by adding at the end thereof the following new \nsubsection:\n    ``(k) Prohibition on Marketing Voice Telephone Services.--Until the \ndate on which a Bell operating company is authorized to offer interLATA \nservices originating in an in-region State in accordance with the \nprovisions of this section, such Bell operating company offering any \nhigh speed data service or Internet access service pursuant to the \nprovisions of paragraph (7) of subsection (g) may not, in such in-\nregion State market, bill, or collect for interLATA voice \ntelecommunications service obtained by means of the high speed data \nservice or Internet access service provided by such company.''.\n    (c) Conforming Amendments.--\n            (1) Section 272(a)(2)(B)(i) of such Act is amended to read \n        as follows:\n                            ``(i) incidental interLATA services \n                        described in paragraphs (1), (2), (3), (5), \n                        (6), and (7) of section 271(g).''.\n            (2) Section 272(a)(2)(C) of such Act is repealed.","title":""}
+{"_id":"c245","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Internet Tax Freedom Act''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) As a massive global network spanning not only State but \n        international borders, the Internet is inherently a matter of \n        interstate and foreign commerce within the jurisdiction of the \n        United States Congress under Article I, Section 8 of the United \n        States Constitution.\n            (2) Even within the United States, the Internet does not \n        respect State lines and operates independently of State \n        boundaries. Addresses on the Internet are designed to be \n        geographically indifferent. Internet transmissions are \n        insensitive to physical distance and can have multiple \n        geographical addresses.\n            (3) Because transmissions over the Internet are made \n        through packet-switching, it is impossible to determine with \n        any degree of certainty the precise geographic route or \n        endpoints of specific Internet transmissions, and infeasible to \n        separate intrastate from interstate, and domestic from foreign, \n        Internet transmissions.\n            (4) Inconsistent and unadministrable taxes imposed on \n        Internet activity by State and local governments threaten not \n        only to subject consumers, businesses, and other users engaged \n        in interstate and foreign commerce to multiple, confusing, and \n        burdensome taxation, but also to restrict the growth and \n        continued technological maturation of the Internet itself, and \n        to call into question the continued viability of this dynamic \n        medium.\n            (5) Because the tax laws and regulations of so many \n        jurisdictions were established before the Internet or \n        interactive computer services, their application to this new \n        medium in unintended and unpredictable ways threatens every \n        Internet user, access provider, vendor, and interactive \n        computer service provider.\n            (6) The electronic marketplace of services, products, and \n        ideas available through the Internet or interactive computer \n        services can be especially beneficial to senior citizens, the \n        physically challenged, citizens in rural areas, and small \n        businesses. It also offers a variety of uses and benefits for \n        educational institutions and charitable organizations.\n            (7) Consumers, businesses, and others engaging in \n        interstate and foreign commerce through the Internet or \n        interactive computer services could become subject to more than \n        30,000 separate taxing jurisdictions in the United States \n        alone.\n            (8) The consistent and coherent national policy regarding \n        taxation of Internet activity that is needed to avoid burdening \n        this evolving form of interstate and foreign commerce can best \n        be achieved by the United States exercising its authority under \n        Article I, Section 8, Clause 3 of the United States \n        Constitution.\n\nSEC. 3. MORATORIUM ON IMPOSITION OF TAXES ON INTERNET OR INTERACTIVE \n              COMPUTER SERVICES.\n\n    (a) Moratorium.--Except as otherwise provided in this section, no \nState or local government (including any political subdivision) may \nimpose, assess, or attempt to collect any tax or fee directly or \nindirectly on--\n            (1) the Internet or interactive computer services; or\n            (2) the use of the Internet or interactive computer \n        services.\n    (b) Preservation of State and Local Taxing Authority.--Subsection \n(a)--\n            (1) does not apply to taxes imposed on and measured by net \n        income derived from the Internet or interactive computer \n        services;\n            (2) does not apply to fairly apportioned business license \n        taxes applied to businesses that have a business location in \n        the taxing jurisdiction, and\n            (3) does not affect the authority of a State, or political \n        subdivision thereof, to impose a sales or use tax on sales or \n        other transactions effected by use of the Internet or \n        interactive computer services if--\n                    (A) the tax is the same as the tax imposed and \n                collected by that State, or political subdivision \n                thereof, on sales or interstate transactions effected \n                by mail order, telephone, or other remote means within \n                its taxing jurisdiction; and\n                    (B) the obligation to collect the tax from sales or \n                other transactions effected by use of the Internet or \n                interactive computer services is imposed on the same \n                person or entity as in the case of sales or \n                transactions effected by mail order, telephone, or \n                other remote means.\n\nSEC. 4. ADMINISTRATION POLICY RECOMMENDATIONS TO CONGRESS.\n\n    (a) Consultative Group.--The Secretaries of the Treasury, Commerce, \nor State, in consultation with appropriate committees of the Congress, \nconsumer and business groups, States and political subdivisions \nthereof, and other appropriate groups, shall--\n            (1) undertake an examination of United States domestic and \n        international taxation of the Internet and interactive computer \n        services, as well as commerce conducted thereon; and\n            (2) jointly submit appropriate policy recommendations \n        concerning United States domestic and foreign policies toward \n        taxation of the Internet and interactive computer services, if \n        any, to the President within 18 months after the date of \n        enactment of this Act.\n    (b) President.--Not later than 2 years after the date of enactment \nof this Act, the President shall transmit to the appropriate committees \nof Congress policy recommendations on the taxation of sales and other \ntransactions effected on the Internet or through interactive computer \nservices.\n     (c) Recommendations to Be Consistent With Telecommunications Act \nof 1996 Policy Statement.--The Secretaries and the President shall take \ncare to ensure that any such policy recommendations are fully \nconsistent with the policy set forth in paragraphs (1) and (2) of \nsection 230(b) of the Communications Act of 1934 (47 U.S.C. 230(b)).\n\nSEC. 5. BAN ON REGULATION OF INTERNET PRICES BY THE FEDERAL \n              COMMUNICATIONS COMMISSION.\n\n    (a) Prohibition on Commission Regulation of Computer Services.--\nSection 230 of the Communications Act of 1934 (47 U.S.C. 230) is \namended--\n            (1) by redesignating subsections (d) and (e) as subsections \n        (e) and (f), respectively; and\n            (2) by inserting after subsection (c) the following new \n        subsection:\n    ``(d) Prohibition on Commission Regulation of Computer Services.--\nThe Commission shall have no authority or jurisdiction under this Act, \nnor shall any State commission have any authority or jurisdiction, to \nregulate the prices or charges paid by subscribers for interactive \ncomputer services, or information services transmitted through the \nInternet, except for the requirement in section 254(h) that such \nservices be provided at affordable rates to rural health care \nproviders, schools, and libraries.''.\n    (b) Conforming Amendment.--Section 223(h)(2) of the Communications \nAct of 1934 (47 U.S.C. 223(h)(2)) is amended by striking ``230(e)(2)'' \nand inserting ``230(f)(2)''.\n\nSEC. 6. DECLARATION THAT THE INTERNET BE FREE OF FOREIGN TARIFFS, TRADE \n              BARRIERS, AND OTHER RESTRICTIONS.\n\n    It is the sense of the Congress that the President should seek \nbilateral and multilateral agreements through the World Trade \nOrganization, the Organization for Economic Cooperation and \nDevelopment, the Asia Pacific Economic Cooperation Council, or other \nappropriate international fora to establish activity on the Internet \nand interactive computer services is free from tariff and taxation.\n\nSEC. 7. DEFINITIONS.\n\n    For purposes of this Act--\n            (1) Internet; interactive computer service.--The terms \n        ``Internet'' and ``interactive computer service'' have the \n        meaning given such terms by paragraphs (1) and (2), \n        respectively, of section 230(e) of the Communications Act of \n        1934 (47 U.S.C. 230(e)).\n            (2) Tax.--The term ``tax'' includes any tax, license, or \n        fee that is imposed by any governmental entity and the \n        imposition on the seller of an obligation to collect and remit \n        a tax imposed on the buyer.","title":""}
+{"_id":"c246","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Investing for Tomorrow's Schools Act \nof 2014''.\n\nSEC. 2. STATE INFRASTRUCTURE BANK PILOT PROGRAM.\n\n    (a) Establishment.--\n            (1) Cooperative agreements.--Subject to the provisions of \n        this section, the Secretary of the Treasury, in consultation \n        with the Secretary of Education, may enter into cooperative \n        agreements with States for the establishment of State \n        infrastructure banks and multistate infrastructure banks for \n        making loans--\n                    (A) to local educational agencies for building or \n                repairing elementary or secondary schools which provide \n                free public education (as such terms are defined in \n                section 14101 of the Elementary and Secondary Education \n                Act of 1965 (20 U.S.C. 8801));\n                    (B) to public libraries for building or repairing \n                library facilities;\n                    (C) to eligible charter school entities for use for \n                the objective described in section 5224(2) of such Act \n                (20 U.S.C. 7223c(2)) consistent with subpart 2 of part \n                B of title V of such Act (20 U.S.C. 7223 et seq.); and\n                    (D) to community learning centers to connect and \n                improve broadband services.\n            (2) Interstate compacts.--Congress grants consent to two or \n        more of the States, entering into a cooperative agreement under \n        paragraph (1) with the Secretary of the Treasury for the \n        establishment of a multistate infrastructure bank, to enter \n        into an interstate compact establishing such bank in accordance \n        with this section.\n    (b) Funding.--The Secretary of the Treasury, in consultation with \nthe Secretary of Education, shall make grants to State infrastructure \nbanks and multistate infrastructure banks in a State in a cooperative \nagreement under subsection (a)(1) to provide initial capital for loans \nprovided under this section. Each bank shall apply repayments of \nprincipal and interest on loans to the making of additional loans. The \nSecretary shall take final action on an application for a grant under \nthis subsection within 90 days of the date of the submission of such \napplication.\n    (c) Infrastructure Bank Requirements.--In order to establish an \ninfrastructure bank under this section, each State establishing the \nbank shall--\n            (1) contribute, at a minimum, in each account of the bank \n        from non-Federal sources an amount equal to 25 percent of the \n        amount of each capitalization grant made to the State and \n        contributed to the bank under subsection (b);\n            (2) identify an operating entity of the State as recipient \n        of the grant if the entity has the capacity to manage loan \n        funds and issue debt instruments of the State for purposes of \n        leveraging the funds;\n            (3) allow such funds to be used as reserve for debt issued \n        by the State so long as proceeds are deposited in the fund for \n        loan purposes;\n            (4) ensure that investment income generated by funds \n        contributed to an account of the bank will be--\n                    (A) credited to the account;\n                    (B) available for use in providing loans to \n                projects eligible for assistance from the account; and\n                    (C) invested in United States Treasury securities, \n                bank deposits, or such other financing instruments as \n                the Secretary may approve to earn interest to enhance \n                the leveraging of projects assisted by the bank;\n            (5) ensure that any loan from the bank to an eligible \n        charter school entity, local educational agency, public \n        library, or community learning center will bear interest at or \n        below the lowest interest rates being offered for bonds the \n        income from which is exempt from Federal taxation, as \n        determined by the State, to make the project that is the \n        subject of the loan feasible;\n            (6) ensure that repayment of any loan from the bank to an \n        eligible charter school entity, local educational agency, \n        public library, or community learning center will commence not \n        later than 1 year after the project has been completed;\n            (7) ensure that the term for repaying any loan to an \n        eligible charter school entity, local educational agency, \n        public library, or community learning center will not exceed 30 \n        years after the date of the first payment on the loan under \n        paragraph (5);\n            (8) ensure that the funds loaned annually that are used \n        under subsection (a)(1)(C) are limited to a percentage of the \n        total funds loaned that does not exceed the percentage of \n        elementary and secondary school students in the State enrolled \n        in charter schools during the most recent school year for which \n        enrollment data are available;\n            (9) ensure that the funds loaned annually under subsection \n        (a)(1)(D) are used exclusively to connect and improve broadband \n        services; and\n            (10) require the bank to make an annual report to the \n        Secretary on its status and make such other reports as the \n        Secretary may require by guidelines.\n    (d) Forms of Assistance From Infrastructure Banks.--\n            (1) In general.--An infrastructure bank established under \n        this section may make loans in an amount equal to all or part \n        of the cost of carrying out a project eligible for assistance \n        under this section.\n            (2) Applications for loans.--An application to an \n        infrastructure bank for a loan shall include--\n                    (A) in the case of a renovation project, a \n                description of each architectural, civil, structural, \n                mechanical, or electrical deficiency to be corrected \n                with funds under a loan and the priorities to be \n                applied;\n                    (B) a description of the criteria used by the \n                applicant to determine the type of corrective action \n                necessary for the renovation of a facility;\n                    (C) a description of improvements to be made and a \n                cost estimate for the improvements;\n                    (D) a description of how work undertaken with the \n                loan will promote the conservation of energy, water, or \n                waste; and\n                    (E) such other information as the infrastructure \n                bank may require.\n        An infrastructure bank shall take final action on a completed \n        application submitted to it within 90 days after the date of \n        its submission.\n            (3) Criteria for loans.--In considering applications for a \n        loan to an eligible charter school entity, local educational \n        agency, public library, or community learning center, an \n        infrastructure bank shall consider--\n                    (A) the extent to which the eligible charter school \n                entity, local educational agency, public library, or \n                community learning center involved lacks the fiscal \n                capacity, including the ability to raise funds through \n                the full use of such agency's bonding capacity and \n                otherwise, to undertake the project for which the loan \n                would be used without the loan;\n                    (B) in the case of a local educational agency, the \n                threat that the condition of the physical plant in the \n                project poses to the safety and well-being of students;\n                    (C) the demonstrated need for the construction, \n                reconstruction, or renovation based on the condition of \n                the facility in the project;\n                    (D) the age of such facility; and\n                    (E) demonstrated need to connect and improve \n                broadband services in the local community.\n    (e) Qualifying Projects.--\n            (1) In general.--Subject to subsection (a)(1), a project is \n        eligible for a loan from an infrastructure bank if it is a \n        project that consists of--\n                    (A) the construction of new elementary or secondary \n                schools to meet the needs imposed by enrollment growth;\n                    (B) the repair, rebuilding, or upgrading of \n                classrooms or structures related to academic learning, \n                including the repair of leaking roofs, crumbling walls, \n                inadequate plumbing, poor ventilation equipment, and \n                inadequate heating or light equipment;\n                    (C) an activity to increase physical safety at the \n                educational facility involved;\n                    (D) an activity to enhance the educational facility \n                involved to provide access for students, teachers, and \n                other individuals with disabilities;\n                    (E) an activity to address environmental or health \n                hazards at the educational facility involved, such as \n                poor ventilation, indoor air quality, or lighting;\n                    (F) the provision of basic infrastructure that \n                facilitates educational technology, such as \n                communications outlets, electrical systems, power \n                outlets, or a communication closet;\n                    (G) work that will bring an educational facility \n                into conformity with the requirements of--\n                            (i) environmental protection or health and \n                        safety programs mandated by Federal, State, or \n                        local law if such requirements were not in \n                        effect when the facility was initially \n                        constructed; and\n                            (ii) hazardous waste disposal, treatment, \n                        and storage requirements mandated by the \n                        Resource Conservation and Recovery Act of 1976 \n                        or similar State laws;\n                    (H) work that will enable efficient use of \n                available energy resources;\n                    (I) work that will reduce reliance on fossil fuels \n                and expand use of solar power, wind power, and other \n                renewable energy resources;\n                    (J) work to detect, remove, or otherwise contain \n                asbestos hazards in educational facilities;\n                    (K) work to construct new public library facilities \n                or repair or upgrade existing public library \n                facilities;\n                    (L) work to connect entities described in \n                subsection (a)(1) to broadband services, and to improve \n                such connections for such entities; or\n                    (M) measures designed to reduce or eliminate human \n                exposure to classroom noise and environmental noise \n                pollution.\n            (2) Davis-bacon.--The wage requirements of the Act of March \n        3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a \n        et seq.) shall apply with respect to individuals employed on \n        the projects described in paragraph (1).\n            (3) Green practices.--An entity using a loan under this \n        section to fund a new construction or renovation project \n        described in paragraph (1) shall ensure that the project is \n        certified, verified, or consistent with State laws, \n        regulations, and any applicable provisions of--\n                    (A) the LEED Green Building Rating System;\n                    (B) Living Building Challenge;\n                    (C) the CHPS green building rating program \n                developed by the Collaborative for High Performance \n                Schools; or\n                    (D) a program that--\n                            (i) has equivalent or more stringent \n                        standards;\n                            (ii) is adopted by the State or another \n                        jurisdiction with authority over the entity; \n                        and\n                            (iii) includes a verifiable method to \n                        demonstrate compliance with such program.\n    (f) Supplementation.--Any loan made by an infrastructure bank shall \nbe used to supplement and not supplant other Federal, State, and local \nfunds available.\n    (g) Limitation on Repayments.--Notwithstanding any other provision \nof law, the repayment of a loan from an infrastructure bank under this \nsection may not be credited towards the non-Federal share of the cost \nof any project.\n    (h) Secretarial Requirements.--In administering this section, the \nSecretary of the Treasury shall specify procedures and guidelines for \nestablishing, operating, and providing assistance from an \ninfrastructure bank.\n    (i) United States Not Obligated.--The contribution of Federal funds \ninto an infrastructure bank established under this section shall not be \nconstrued as a commitment, guarantee, or obligation on the part of the \nUnited States to any third party, nor shall any third party have any \nright against the United States for payment solely by virtue of the \ncontribution. Any security or debt financing instrument issued by the \ninfrastructure bank shall expressly state that the security or \ninstrument does not constitute a commitment, guarantee, or obligation \nof the United States.\n    (j) Management of Federal Funds.--Sections 3335 and 6503 of title \n31, United States Code, shall not apply to funds contributed under this \nsection.\n    (k) Program Administration.--For each of fiscal years 2015 through \n2019, a State may expend not to exceed 2 percent of the Federal funds \ncontributed to an infrastructure bank established by the State under \nthis section to pay the reasonable costs of administering the bank.\n    (l) Secretarial Review.--The Secretary of the Treasury shall review \nthe financial condition of each infrastructure bank established under \nthis section and transmit to Congress a report on the results of such \nreview not later than 90 days after the completion of the review.\n    (m) Authorization of Appropriations.--For grants to States for the \ninitial capitalization of infrastructure banks there are authorized to \nbe appropriated $500,000,000 for fiscal year 2015 and for each of the 4 \nsucceeding fiscal years.\n\nSEC. 3. DEFINITIONS.\n\n    For purposes of this Act:\n            (1) Community learning center.--The term ``community \n        learning center'' has the meaning given such term in section \n        4201(b)(1) of the Elementary and Secondary Education Act of \n        1965 (20 U.S.C. 7171(b)(1)).\n            (2) Eligible charter school entity.--The term ``eligible \n        charter school entity'' means--\n                    (A) a charter school (as defined in section 5210 of \n                the Elementary and Secondary Education Act of 1965 (20 \n                U.S.C. 7221i)); or\n                    (B) a developer (as so defined) that has applied to \n                an authorized public chartering agency (as so defined) \n                to operate a charter school.\n            (3) Local educational agency.--(A) The term ``local \n        educational agency'' means a public board of education or other \n        public authority legally constituted within a State for either \n        administrative control or direction of, or to perform a service \n        function for, public elementary or secondary schools in a city, \n        county, township, school district, or other political \n        subdivision of a State, or for such combination of school \n        districts or counties as are recognized in a State as an \n        administrative agency for its public elementary or secondary \n        schools.\n            (B) The term includes any other public institution or \n        agency having administrative control and direction of a public \n        elementary or secondary school.\n            (C) The term includes an elementary or secondary school \n        funded by the Bureau of Indian Affairs but only to the extent \n        that such inclusion makes such school eligible for programs for \n        which specific eligibility is not provided to such school in \n        another provision of law and such school does not have a \n        student population that is smaller than the student population \n        of the local educational agency receiving assistance under this \n        Act with the smallest student population, except that such \n        school shall not be subject to the jurisdiction of any State \n        educational agency other than the Bureau of Indian Affairs.\n            (4) Outlying area.--The term ``outlying area'' means the \n        Virgin Islands, Guam, American Samoa, the Commonwealth of the \n        Northern Mariana Islands, the Republic of the Marshall Islands, \n        the Federated States of Micronesia, and the Republic of Palau.\n            (5) Public library.--The term ``public library'' means a \n        library that serves free of charge all residents of a \n        community, district, or region, and receives its financial \n        support in whole or in part from public funds. Such term also \n        includes a research library, which, for the purposes of this \n        sentence, means a library that--\n                    (A) makes its services available to the public free \n                of charge;\n                    (B) has extensive collections of books, \n                manuscripts, and other materials suitable for scholarly \n                research which are not available to the public through \n                public libraries;\n                    (C) engages in the dissemination of humanistic \n                knowledge through services to readers, fellowships, \n                educational and cultural programs, publication of \n                significant research, and other activities; and\n                    (D) is not an integral part of an institution of \n                higher education.\n            (6) State.--The term ``State'' means each of the 50 States, \n        the District of Columbia, the Commonwealth of Puerto Rico, and \n        each of the outlying areas.","title":""}
+{"_id":"c247","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Iran Intelligence Oversight Act''.\n\nSEC. 2. INTELLIGENCE ON IRAN.\n\n    (a) Submittal to Congress of Updated National Intelligence Estimate \non Iran.--\n            (1) Submittal required.--As soon as is practicable, but not \n        later than 90 days after the date of the enactment of this Act, \n        the Director of National Intelligence shall submit to Congress \n        an updated National Intelligence Estimate on Iran.\n            (2) Notice regarding submittal.--If the Director determines \n        that the National Intelligence Estimate required by paragraph \n        (1) cannot be submitted by the date specified in that \n        paragraph, the Director shall submit to Congress a report \n        setting forth--\n                    (A) the reasons why the National Intelligence \n                Estimate cannot be submitted by such date; and\n                    (B) an estimated date for the submittal of the \n                National Intelligence Estimate.\n            (3) Form.--The National Intelligence Estimate under \n        paragraph (1) shall be submitted in classified form. Consistent \n        with the protection of intelligence sources and methods, an \n        unclassified summary of the key judgments of the National \n        Intelligence Estimate should be submitted.\n            (4) Elements.--The National Intelligence Estimate submitted \n        under paragraph (1) shall address the following:\n                    (A) The foreign policy and regime objectives of \n                Iran.\n                    (B) The current status of the nuclear programs of \n                Iran, including--\n                            (i) an assessment of the current and \n                        projected capabilities of Iran to design a \n                        nuclear weapon, to produce plutonium, enriched \n                        uranium, and other weapons materials, to build \n                        a nuclear weapon, and to deploy a nuclear \n                        weapon; and\n                            (ii) an assessment of the intentions of \n                        Iran regarding possible development of nuclear \n                        weapons, the motivations underlying such \n                        intentions, and the factors that might \n                        influence changes in such intentions.\n                    (C) The military and defense capabilities of Iran, \n                including any non-nuclear weapons of mass destruction \n                programs and related delivery systems.\n                    (D) The relationship of Iran with terrorist \n                organizations, the use by Iran of terrorist \n                organizations in furtherance of its foreign policy \n                objectives, and the factors that might cause Iran to \n                reduce or end such relationships.\n                    (E) The prospects for support from the \n                international community for various potential courses \n                of action with respect to Iran, including diplomacy, \n                sanctions, and military action.\n                    (F) The anticipated reaction of Iran to the courses \n                of action set forth under subparagraph (E), including \n                an identification of the course or courses of action \n                most likely to successfully influence Iran in \n                terminating or moderating its policies of concern.\n                    (G) The level of popular and elite support within \n                Iran for the Iran regime, and for its civil nuclear \n                program, nuclear weapons ambitions, and other policies, \n                and the prospects for reform and political change \n                within Iran.\n                    (H) The views among the populace and elites of Iran \n                with respect to the United States, including views on \n                direct discussions with or normalization of relations \n                with the United States.\n                    (I) The views among the populace and elites of Iran \n                with respect to other key countries involved in nuclear \n                diplomacy with Iran.\n                    (J) The likely effects and consequences of any \n                military action against the nuclear programs or other \n                regime interests of Iran.\n                    (K) The confidence level of key judgments in the \n                National Intelligence Estimate, the quality of the \n                sources of intelligence on Iran, the nature and scope \n                of any gaps in intelligence on Iran, and any \n                significant alternative views on the matters contained \n                in the National Intelligence Estimate.\n    (b) Presidential Report on Policy Objectives and United States \nStrategy Regarding Iran.--\n            (1) Report required.--As soon as is practicable, but not \n        later than 90 days after the date of the enactment of this Act, \n        the President shall submit to Congress a report on the \n        following:\n                    (A) The objectives of United States policy on Iran.\n                    (B) The strategy for achieving such objectives.\n            (2) Form.--The report under paragraph (1) shall be \n        submitted in unclassified form with a classified annex, as \n        appropriate.\n            (3) Elements.--The report submitted under paragraph (1) \n        shall--\n                    (A) address the role of diplomacy, incentives, \n                sanctions, other punitive measures and incentives, and \n                other programs and activities relating to Iran for \n                which funds are provided by Congress; and\n                    (B) summarize United States contingency planning \n                regarding the range of possible United States military \n                actions in support of United States policy objectives \n                with respect to Iran.\n    (c) Director of National Intelligence Report on Process for Vetting \nand Clearing Administration Officials' Statements Drawn From \nIntelligence.--\n            (1) Report required.--As soon as is practicable, but not \n        later than 90 days after the date of the enactment of this Act, \n        the Director of National Intelligence shall submit to Congress \n        a report on the process for vetting and clearing statements of \n        Administration officials that are drawn from or rely upon \n        intelligence.\n            (2) Elements.--The report shall--\n                    (A) describe current policies and practices of the \n                Office of the Director of National Intelligence and the \n                intelligence community for--\n                            (i) vetting and clearing statements of \n                        senior Administration officials that are drawn \n                        from or rely upon intelligence; and\n                            (ii) how significant misstatements of \n                        intelligence that may occur in public \n                        statements of senior public officials are \n                        identified, brought to the attention of any \n                        such officials, and corrected;\n                    (B) assess the sufficiency and adequacy of such \n                policies and practices; and\n                    (C) include any recommendations that the Director \n                considers appropriate to improve such policies and \n                practices.","title":""}
+{"_id":"c248","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Iraq Strategic Agreement Review Act \nof 2008''.\n\nSEC. 2. DEFINITION.\n\n    In this Act, the term ``long-term security, economic, or political \nagreement with the Government of Iraq'' means any agreement or \ncommitment of more than one year, which is made by the President or any \nofficer, employee, or representative of the executive branch of the \nGovernment of the United States with the Government of Iraq that \nincludes--\n            (1) the basing of the Armed Forces of the United States \n        within the territory of Iraq;\n            (2) defending Iraq's system of government from internal and \n        external threats;\n            (3) providing security assurances and commitments to deter \n        foreign aggression against Iraq;\n            (4) the military training or equipping of the Iraqi \n        Security Forces;\n            (5) economic, monetary, material and technical commerce, \n        and arrangements; or\n            (6) diplomatic and political understandings.\n\nSEC. 3. FINDINGS.\n\n    Congress finds the following:\n            (1) Under Article I of the Constitution of the United \n        States, the Congress has the power to provide for the common \n        defense, to regulate commerce with foreign nations, to raise, \n        support, provide, and maintain the military, and to make rules \n        for the Government and regulation of the military.\n            (2) Under Article II of the Constitution of the United \n        States, the President is the Commander in Chief of the military \n        and has the power to receive Ambassadors and other public \n        ministers.\n            (3) Under Article II of the Constitution of the United \n        States, the President has the right to make treaties by and \n        with the advice and consent of two-thirds of the Senate.\n            (4) The North Atlantic Treaty, which created the North \n        Atlantic Treaty Organization (NATO), entered into force on \n        August 24, 1949, after approval by the Senate with each \n        protocol providing for the accession of an additional country \n        approved by the Senate.\n            (5) The Mutual Defense Treaty between the United States and \n        South Korea, which established a long-term United States \n        military presence on the Korean peninsula, entered into force \n        on November 17, 1954, after approval by the Senate.\n            (6) The Treaty of Mutual Cooperation and Security between \n        the United States and Japan, which established a long-term \n        United States military presence in Japan, entered into force on \n        June 23, 1960, after approval by the Senate.\n            (7) On June 1, 2007, Secretary of Defense Robert Gates \n        discussed a ``long and enduring presence'' in Iraq of which the \n        ``Korea model'' and the ``security relationship that we have \n        with Japan'' are examples.\n            (8) On November 26, 2007, President George W. Bush and \n        Iraqi Prime Minister Nouri al-Maliki signed a ``Declaration of \n        Principles for a Long-Term Relationship of Cooperation and \n        Friendship Between the Republic of Iraq and the United States \n        of America'', outlining the parameters for negotiation of a \n        long-term relationship in the security, economic, political, \n        diplomatic, and cultural spheres.\n            (9) The Declaration of Principles include, ``supporting the \n        Republic of Iraq in defending its democratic system against \n        internal and external threats'', ``providing security \n        assurances and commitments to the Republic of Iraq to deter \n        foreign aggression against Iraq'', and ``supporting the \n        Republic of Iraq in training, equipping, and arming the Iraqi \n        Security Forces''.\n            (10) On November 26, 2007, Assistant to the President and \n        Deputy National Security Advisor for Iraq and Afghanistan, \n        Lieutenant General Douglas E. Lute, stated that he does not \n        ``anticipate now that these negotiations [under the Declaration \n        of Principles] will lead to the status of a formal treaty which \n        would then bring us to formal negotiations or formal inputs \n        from the Congress''.\n            (11) On November 26, 2007, Assistant to the President and \n        Deputy National Security Advisor for Iraq and Afghanistan, \n        Lieutenant General Douglas E. Lute, further stated that the \n        ``target'' to conclude negotiations is July 2008.\n\nSEC. 4. CONSULTATIONS WITH CONGRESS.\n\n    (a) Consultations.--\n            (1) In general.--Immediately upon the date of the enactment \n        of this Act, the Secretary of State, the Secretary of Defense, \n        and any other necessary officer, employee, or representative of \n        the executive branch of the Government of the United States \n        shall commence consultations with the congressional committees \n        and leadership described in paragraph (2) on any potential \n        long-term security, economic, or political agreement with the \n        Government of Iraq.\n            (2) Congressional committees and leadership described.--The \n        congressional committees and leadership referred to in \n        paragraph (1) are--\n                    (A) the Committee on Foreign Relations and the \n                Committee on Armed Services of the Senate and the \n                Committee on Foreign Affairs and the Committee on Armed \n                Services of the House of Representatives;\n                    (B) the Speaker, majority leader, and minority \n                leader of the House of Representatives and majority \n                leader and minority leader of the Senate; and\n                    (C) any other congressional committee, Senator, or \n                Member of the House of Representatives that requests \n                consultations under paragraph (1).\n    (b) Framework.--Consultations required under subsection (a) shall \ninclude full and complete transparency of all security, economic, \npolitical, and other arrangements under consideration for the \nagreement.\n    (c) Timeframe.--Consultations required under subsection (a) shall \ncontinue throughout the period of negotiations with the Government of \nIraq to conclude the agreement.\n\nSEC. 5. SENSE OF CONGRESS.\n\n    It is the sense of the Congress that--\n            (1) full Iraqi sovereignty over its territories, waters, \n        and airspace, and Iraqi control over its armed forces and \n        administrative institutions is in the national interest of the \n        United States; and\n            (2) any long-term security, economic, or political \n        agreement with the Government of Iraq that is not in the form \n        of a treaty with respect to which the Senate has given its \n        advice and consent to ratification under Article II of the \n        Constitution of the United States does not have the force and \n        effect of law.\n\nSEC. 6. LIMITATION ON THE USE OF FUNDS.\n\n    No funds made available by any Act of Congress shall be obligated \nor expended for the implementation of any long-term security, economic, \nor political agreement with the Government of Iraq unless the agreement \nis in the form of a treaty with respect to which the Senate has given \nits advice and consent to ratification under Article II of the \nConstitution of the United States.","title":""}
+{"_id":"c249","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Irrigation Subsidy Reduction Act of \n1996''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) the Federal reclamation program has been in existence \n        for over 90 years, with an estimated taxpayer investment of \n        over $70,000,000,000;\n            (2) the program has had and continues to have an enormous \n        effect on the water resources and aquatic environments of the \n        western States;\n            (3) irrigation water made available from Federal water \n        projects in the West is a very valuable resource for which \n        there are increasing and competing demands;\n            (4) the justification for providing water at less than full \n        cost was to benefit and promote the development of small family \n        farms and exclude large corporate farms, but this purpose has \n        been frustrated over the years due to inadequate implementation \n        of subsidy and acreage limits;\n            (5) below-cost water prices tend to encourage excessive use \n        of scarce water supplies in the arid regions of the West, and \n        reasonable price increases to the wealthiest western farmers \n        would provide an economic incentive for greater water \n        conservation;\n            (6) the Federal Government has increasingly applied \n        eligibility tests based on income for Federal entitlement and \n        subsidy programs, measures that are consistent with the \n        historic approach of the reclamation program's acreage \n        limitations that seek to limit water subsidies to smaller \n        farms; and\n            (7) including a means test based on gross income in the \n        reclamation program will increase the effectiveness of carrying \n        out the family farm goals of the Federal reclamation laws.\n\nSEC. 3. AMENDMENTS.\n\n    (a) Definitions.--Section 202 of the Reclamation Reform Act of 1982 \n(43 U.S.C. 390bb) is amended--\n            (1) by redesignating paragraphs (7), (8), (9), (10), and \n        (11) as paragraphs (9), (10), (11), (12), and (13), \n        respectively;\n            (2) in paragraph (6) by striking ``owned or operated under \n        a lease which'' and inserting ``owned, leased, or operated by \n        an individual or legal entity and which'';\n            (3) by inserting after paragraph (6) the following:\n            ``(7) Legal entity.--The term `legal entity' includes a \n        corporation, association, partnership, trust, joint tenancy, or \n        tenancy in common, or any other entity that owns, leases, or \n        operates a farm operation for the benefit of more than 1 \n        individual under any form of agreement or arrangement.\n            ``(8) Operator.--\n                    ``(A) In general.--The term `operator'--\n                            ``(i) means an individual or legal entity \n                        that operates a single farm operation on a \n                        parcel (or parcels) of land that is owned or \n                        leased by another person (or persons) under any \n                        form of agreement or arrangement (or agreements \n                        or arrangements); and\n                            ``(ii) if the individual or legal entity--\n                                    ``(I) is an employee of an \n                                individual or legal entity, includes \n                                the individual or legal entity; or\n                                    ``(II) is a legal entity that \n                                controls, is controlled by, or is under \n                                common control with another legal \n                                entity, includes each such other legal \n                                entity.\n                    ``(B) Operation of a farm operation.--For the \n                purposes of subparagraph (A), an individual or legal \n                entity shall be considered to operate a farm operation \n                if the individual or legal entity is the person that \n                performs the greatest proportion of the decisionmaking \n                for and supervision of the agricultural enterprise on \n                land served with irrigation water.''; and\n            (4) by adding at the end the following:\n            ``(14) Single farm operation.--\n                    ``(A) In general.--The term `single farm operation' \n                means the total acreage of land served with irrigation \n                water for which an individual or legal entity is the \n                operator.\n                    ``(B) Rules for determining whether separate \n                parcels are operated as a single farm operation.--\n                            ``(i) Equipment- and labor-sharing \n                        activities.--The conduct of equipment- and \n                        labor-sharing activities on separate parcels of \n                        land by separate individuals or legal entities \n                        shall not by itself serve as a basis for \n                        concluding that the farming operations of the \n                        individuals or legal entities constitute a \n                        single farm operation.\n                            ``(ii) Performance of certain services.--\n                        The performance by an individual or legal \n                        entity of an agricultural chemical application, \n                        pruning, or harvesting for a farm operation on \n                        a parcel of land shall not by itself serve as a \n                        basis for concluding that the farm operation on \n                        that parcel of land is part of a single farm \n                        operation operated by the individual or entity \n                        on other parcels of land.''.\n    (b) Identification of Owners, Lessees, and Operators and of Single \nFarm Operations.--The Reclamation Reform Act of 1982 (43 U.S.C. 39aa et \nseq.) is amended by inserting after section 201 the following:\n\n``SEC. 201A. IDENTIFICATION OF OWNERS, LESSEES, AND OPERATORS AND OF \n              SINGLE FARM OPERATIONS.\n\n    ``(a) In General.--Subject to subsection (b), for each parcel of \nland to which irrigation water is delivered or proposed to be \ndelivered, the Secretary shall identify a single individual or legal \nentity as the owner, lessee, or operator.\n    ``(b) Shared Decisionmaking and Supervision.--If the Secretary \ndetermines that no single individual or legal entity is the owner, \nlessee, or other individual that performs the greatest proportion of \ndecisionmaking for and supervision of the agricultural enterprise on a \nparcel of land--\n            ``(1) all individuals and legal entities that own, lease, \n        or perform a proportion of decisionmaking and supervision that \n        is equal as among themselves but greater than the proportion \n        performed by any other individual or legal entity shall be \n        considered jointly to be the owner, lessee, or operator; and\n            ``(2) all parcels of land of which any such individual or \n        legal entity is the owner, lessee, or operator shall be \n        considered to be part of the single farm operation of the \n        owner, lessee, or operator identified under subsection (1).\n    (c) Pricing.--Section 205 of the Reclamation Reform Act of 1982 (43 \nU.S.C. 390ee) is amended by adding at the end the following:\n    ``(d) Single Farm Operations Generating More Than $500,000 in Gross \nFarm Income.--\n            ``(1) In general.--Notwithstanding subsections (a), (b), \n        and (c), in the case of--\n                    ``(A) a qualified recipient that reports gross farm \n                income from a single farm operation in excess of \n                $500,000 for a taxable year; or\n                    ``(B) a limited recipient that received irrigation \n                water on or before October 1, 1981, and that reports \n                gross farm income from a single farm operation in \n                excess of $500,000 for a taxable year;\n        irrigation water may be delivered to the single farm operation \n        of the qualified recipient or limited recipient at less than \n        full cost to a number of acres that does not exceed the number \n        of acres determined under paragraph (2).\n            ``(2) Maximum number of acres to which irrigation water may \n        be delivered at less than full cost.--The number of acres \n        determined under this subparagraph is the number equal to the \n        number of acres of the single farm operation multiplied by a \n        fraction, the numerator of which is $500,000 and the \n        denominator of which is the amount of gross farm income \n        reported by the qualified recipient or limited recipient in the \n        most recent taxable year.\n            ``(3) Inflation adjustment.--\n                    ``(A) In general.--The $500,000 amount under \n                paragraphs (1) and (2) for any taxable year beginning \n                in a calendar year after 1997 shall be equal to the \n                product of--\n                            ``(i) $500,000, multiplied by\n                            ``(ii) the inflation adjustment factor for \n                        the taxable year.\n                    ``(B) Inflation adjustment factor.--The term \n                `inflation adjustment factor' means, with respect to \n                any calendar year, a fraction the numerator of which is \n                the GDP implicit price deflator for the preceding \n                calendar year and the denominator of which is the GDP \nimplicit price deflator for 1996. Not later than April 1 of any \ncalendar year, the Secretary shall publish the inflation adjustment \nfactor for the preceding calendar year.\n                    ``(C) GDP implicit price deflator.--For purposes of \n                subparagraph (B), the term `GDP implicit price \n                deflator' means the first revision of the implicit \n                price deflator for the gross domestic product as \n                computed and published by the Secretary of Commerce.\n                    ``(D) Rounding.--If any increase determined under \n                subparagraph (A) is not a multiple of $100, the \n                increase shall be rounded to the next lowest multiple \n                of $100.''.\n    (d) Certification of Compliance.--Section 206 of the Reclamation \nReform Act of 1982 (43 U.S.C. 390ff) is amended to read as follows:\n\n``SEC. 206. CERTIFICATION OF COMPLIANCE.\n\n    ``(a) In General.--As a condition to the receipt of irrigation \nwater for land in a district that has a contract described in section \n203, each owner, lessee, or operator in the district shall furnish the \ndistrict, in a form prescribed by the Secretary, a certificate that the \nowner, lessee, or operator is in compliance with this title, including \na statement of the number of acres owned, leased, or operated, the \nterms of any lease or agreement pertaining to the operation of a farm \noperation, and, in the case of a lessee or operator, a certification \nthat the rent or other fees paid reflect the reasonable value of the \nirrigation water to the productivity of the land.\n    ``(b) Documentation.--The Secretary may require a lessee or \noperator to submit for the Secretary's examination--\n            ``(1) a complete copy of any lease or other agreement \n        executed by each of the parties to the lease or other \n        agreement; and\n            ``(2) a copy of the return of income tax imposed by chapter \n        1 of the Internal Revenue Code of 1986 for any taxable year in \n        which the single farm operation of the lessee or operator \n        received irrigation water at less than full cost.''.\n    (e) Trusts.--Section 214 of the Reclamation Reform Act of 1982 (43 \nU.S.C. 390nn) is repealed.\n    (f) Administrative Provisions.--\n            (1) Penalties.--Section 224(c) of the Reclamation Reform \n        Act of 1982 (43 U.S.C. 390ww(c)) is amended--\n                    (A) by striking ``(c) The Secretary'' and inserting \n                the following:\n    ``(c) Regulations; Data Collection; Penalties.--\n            ``(1) Regulations; data collection.--The Secretary''; and\n                    (B) by adding at the end the following:\n            ``(2) Penalties.--Notwithstanding any other provision of \n        law, the Secretary shall establish appropriate and effective \n        penalties for failure to comply with any provision of this Act \n        or any regulation issued under this Act.''.\n            (2) Interest.--Section 224(i) of the Reclamation Reform Act \n        of 1982 (43 U.S.C. 390ww(i)) is amended by striking the last \n        sentence and inserting the following: ``The interest rate \n        applicable to underpayments shall be equal to the rate \n        applicable to expenditures under section 202(3)(C).''.\n    (g) Reporting.--Section 228 of the Reclamation Reform Act of 1982 \n(43 U.S.C. 390zz) is amended by inserting ``operator or'' before \n``contracting entity'' each place it appears.\n    (h) Memorandum of Understanding.--The Reclamation Reform Act of \n1982 (43 U.S.C. 390aa et seq.) is amended--\n            (1) by redesignating sections 229 and 230 as sections 230 \n        and 231; and\n            (2) by inserting after section 228 the following:\n\n``SEC. 229. MEMORANDUM OF UNDERSTANDING.\n\n    ``The Secretary, the Secretary of the Treasury, and the Secretary \nof Agriculture shall enter into a memorandum of understanding or other \nappropriate instrument to permit the Secretary, notwithstanding section \n6103 of the Internal Revenue Code of 1986, to have access to and use of \navailable information collected or maintained by the Department of the \nTreasury and the Department of Agriculture that would aid enforcement \nof the ownership and pricing limitations of Federal reclamation law.''.","title":""}
+{"_id":"c25","text":"SECTION 1. EXPANSION AND ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR \n              SURVIVORS AND DEPENDENTS OF VETERANS.\n\n    (a) Termination of Durational Limitation on Use of Educational \nAssistance.--\n            (1) Termination of limitation and restatement of continuing \n        requirements.--Subsection (a) of section 3511 of title 38, \n        United States Code, is amended to read as follows:\n    ``(a)(1) Notwithstanding any other provision of this chapter or \nchapter 36 of this title, any payment of educational assistance \ndescribed in paragraph (2) shall not be charged against the entitlement \nof any individual under this chapter.\n    ``(2) The payment of educational assistance referred to in \nparagraph (1) is the payment of such assistance to an individual for \npursuit of a course or courses under this chapter if the Secretary \nfinds that the individual--\n            ``(A) had to discontinue such course pursuit as a result of \n        being ordered to serve on active duty under section 688, \n        12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; and\n            ``(B) failed to receive credit or training time toward \n        completion of the individual's approved educational, \n        professional, or vocational objective as a result of having to \n        discontinue, as described in subparagraph (A), the course \n        pursuit.''.\n            (2) Conforming amendments.--(A) The heading of section 3511 \n        of such title is amended to read as follows:\n``Sec. 3511. Treatment of certain interruptions in pursuit of programs \n              of education''.\n            (B) Section 3532(g) of such title is amended--\n                    (i) by striking paragraph (2); and\n                    (ii) by redesignating paragraph (3) as paragraph \n                (2).\n            (C) Section 3541 of such title is amended to read as \n        follows:\n``Sec. 3541. Special restorative training\n    ``(a) The Secretary may, at the request of an eligible person--\n            ``(1) determine whether such person is in need of special \n        restorative training; and\n            ``(2) if such need is found to exist, prescribe a course \n        which is suitable to accomplish the purposes of this chapter.\n    ``(b) A course of special restorative training under subsection (a) \nmay, at the discretion of the Secretary, contain elements that would \ncontribute toward an ultimate objective of a program of education.''.\n            (D) Section 3695(a)(4) of such title is amended by striking \n        ``35,''.\n    (b) Extension of Delimiting Age of Eligibility for Dependents.--\nSection 3512(a) of title 38, United States Code, is amended by striking \n``twenty-sixth birthday'' each place it appears and inserting \n``thirtieth birthday''.\n    (c) Amount of Educational Assistance.--\n            (1) In general.--Section 3532 of title 38, United States \n        Code, is amended to read as follows:\n``Sec. 3532. Amount of educational assistance\n    ``(a) The aggregate amount of educational assistance to which an \neligible person is entitled under this chapter is $80,000, as increased \nfrom time to time under section 3564 of this title.\n    ``(b) Within the aggregate amount provided for in subsection (a), \neducational assistance under this chapter may be paid for any purpose, \nand in any amount, as follows:\n            ``(1) A program of education consisting of institutional \n        courses.\n            ``(2) A full-time program of education that consists of \n        institutional courses and alternate phases of training in a \n        business or industrial establishment with the training in the \n        business or industrial establishment being strictly \n        supplemental to the institutional portion.\n            ``(3) A farm cooperative program consisting of \n        institutional agricultural courses prescheduled to fall within \n        forty-four weeks of any period of twelve consecutive months \n        that is pursued by an eligible person who is concurrently \n        engaged in agricultural employment which is relevant to such \n        institutional agricultural courses as determined under \n        standards prescribed by the Secretary.\n            ``(4) A course or courses or other program of special \n        educational assistance as provided in section 3491(a) of this \n        title.\n            ``(5) A program of apprenticeship or other on-job training \n        pursued in a State as provided in section 3687(a) of this \n        title.\n            ``(6) In the case of an eligible spouse or surviving \n        spouse, a program of education exclusively by correspondence as \n        provided in section 3686 of this title.\n            ``(7) A special training allowance for special restorative \n        training as provided in section 3542 of this title.\n    ``(c) If a program of education is pursued by an eligible person at \nan institution located in the Republic of the Philippines, any \neducational assistance for such person under this chapter shall be paid \nat the rate of $0.50 for each dollar.\n    ``(d)(1) Subject to paragraph (2), the amount of educational \nassistance payable under this chapter for a licensing or certification \ntest described in section 3501(a)(5) of this title is the lesser of \n$2,000 or the fee charged for the test.\n    ``(2) In no event shall payment of educational assistance under \nthis subsection for such a test exceed the amount of the individual's \navailable entitlement under this chapter.''.\n            (2) Conforming amendments.--(A) Section 3533 of such title \n        is amended to read as follows:\n``Sec. 3533. Tutorial assistance\n    ``An eligible person shall, without any charge to any entitlement \nof such person to educational assistance under section 3532(a) of this \ntitle be entitled to the benefits provided an eligible veteran under \nsection 3492 of this title.''.\n            (B) Section 3534 of such title is repealed.\n            (C) Section 3542 of such title is amended--\n                    (i) in subsection (a), by striking ``computed at \n                the basic rate'' and all that follows through the end \n                of the subsection and inserting a period; and\n                    (ii) in subsection (b), by striking ``an \n                educational assistance allowance'' and inserting \n                ``educational assistance''.\n            (D) Section 3543(c) of such title is amended--\n                    (i) in paragraph (1), by adding ``and'' at the end;\n                    (ii) by striking paragraph (2); and\n                    (iii) by redesignating paragraph (3) as paragraph \n                (2).\n            (E) Section 3564 of such title is amended by striking \n        ``rates payable under sections 3532, 3534(b), and 3542(a)'' and \n        inserting ``aggregate amount of educational assistance payable \n        under section 3532''.\n            (F) Paragraph (1) of section 3565(b) of such title is \n        amended to read as follows:\n            ``(1) educational assistance payable under section 3532 of \n        this title, including the special training allowance referred \n        to in subsection (b)(7) of such section, shall be paid at the \n        rate of $0.50 for each dollar; and''.\n            (G) Section 3687 of such title is amended--\n                    (i) in subsection (a)--\n                            (I) in the matter preceding paragraph (1), \n                        by striking ``or an eligible person (as defined \n                        in section 3501(a) of this title)''; and\n                            (II) in the flush matter following \n                        paragraph (2), by striking ``chapters 34 and \n                        35'' and inserting ``chapter 34'';\n                    (ii) in subsection (c), by striking ``chapters 34 \n                and 35'' and inserting ``chapter 34''; and\n                    (iii) in subsection (e), by striking paragraph (3) \n                and inserting the following new paragraph (3):\n            ``(3) In this subsection, the term `individual' means an \n        eligible veteran who is entitled to monthly educational \n        assistance allowances payable under section 3015(e) of this \n        title.''.\n    (d) Other Conforming Amendments.--(1) Section 3524 of title 38, \nUnited States Code, is amended by striking ``allowance'' each place it \nappears.\n    (2)(A) Section 3531 of such title is amended--\n            (i) in subsection (a), by striking ``an educational \n        assistance allowance'' and inserting ``educational \n        assistance''; and\n            (ii) in subsection (b), by striking ``allowance''.\n    (B) The heading of such section is amended by striking \n``allowance''.\n    (3) Section 3537(a) of such title is amended by striking \n``additional''.\n    (e) Clerical Amendments.--The table of sections at the beginning of \nchapter 35 of title 38, United States Code, is amended--\n            (1) by striking the item relating to section 3511 and \n        inserting the following new item:\n\n``3511. Treatment of certain interruptions in pursuit of programs of \n                            education.'';\n            (2) by striking the items relating to section 3531, 3532, \n        and 3533 and inserting the following new items:\n\n``3531. Educational assistance.\n``3532. Amount of educational assistance.\n``3533. Tutorial assistance.'';\n            (3) by striking the item relating to section 3534; and\n            (4) by striking the item relating to section 3541 and \n        inserting the following new item:\n\n``3541. Special restorative training.''.\n    (f) Effective Dates.--(1) The amendments made by this section shall \ntake effect on the date of the enactment of this Act.\n    (2) Notwithstanding the effective date under paragraph (1) of the \namendment to section 3564 of title 38, United States Code, made by \nsubsection (c)(2)(E), the Secretary of Veterans Affairs shall make the \nfirst increase in the aggregate amount of educational assistance under \nsection 3532 of such title as required by such section 3564 (as so \namended) for fiscal year 2006.","title":""}
+{"_id":"c250","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Janey Ensminger Act of 2016''.\n\nSEC. 2. REVIEW OF ILLNESSES AND CONDITIONS RELATING TO VETERANS \n              STATIONED AT CAMP LEJEUNE, NORTH CAROLINA, AND THEIR \n              FAMILY MEMBERS.\n\n    (a) Review and Publication of Illness or Condition.--Part P of \ntitle III of the Public Health Service Act (42 U.S.C. 280g et seq.) is \namended by adding at the end the following:\n\n``SEC. 399V-6. REVIEW AND PUBLICATION OF ILLNESSES AND CONDITIONS.\n\n    ``(a) In General.--Consistent with section 104(i) of the \nComprehensive Environmental Response, Compensation, and Liability Act \nof 1980, not later than 1 year after the date of enactment of this \nsection, and not less frequently than once every 3 years thereafter, \nthe Secretary, acting through the Administrator of the Agency for Toxic \nSubstances and Disease Registry, shall--\n            ``(1)(A) review the scientific literature relevant to the \n        relationship between the employment or residence of individuals \n        at Camp Lejeune, North Carolina, for not fewer than 30 days \n        during the period beginning on August 1, 1953, and ending on \n        December 21, 1987, and specific illnesses or conditions \n        incurred by those individuals;\n            ``(B) determine each illness or condition for which there \n        is evidence that exposure to a toxic substance at Camp Lejeune, \n        North Carolina, during the period specified in subparagraph (A) \n        may be a cause of the illness or condition; and\n            ``(C) with respect to each illness or condition for which a \n        determination has been made under subparagraph (B), categorize \n        the evidence of the connection of the illness or condition to \n        exposure described in that subparagraph as--\n                    ``(i) sufficient to conclude with reasonable \n                confidence that the exposure is a cause of the illness \n                or condition;\n                    ``(ii) modest supporting causation, but not \n                sufficient to conclude with reasonable confidence that \n                exposure is a cause of the illness or condition; or\n                    ``(iii) no more than limited supporting causation;\n            ``(2) publish in the Federal Register and on the Internet \n        website of the Department of Health and Human Services--\n                    ``(A) a list of each illness or condition for which \n                a determination has been made under paragraph (1)(B), \n                including the categorization of the evidence of causal \n                connection relating to the illness or condition under \n                paragraph (1)(C); and\n                    ``(B) the bibliographic citations for all \n                literature reviewed under paragraph (1) for each \n                illness or condition listed under such paragraph; and\n            ``(3) update the list under paragraph (2), as applicable, \n        to add an illness or condition for which a determination has \n        been made under paragraph (1)(B), including the categorization \n        of the evidence of causal connection relating to the illness or \n        condition under paragraph (1)(C), since such list was last \n        updated consistent with the requirements of this subsection.''.\n    (b) Eligibility for Health Care From Department of Veterans \nAffairs.--\n            (1) In general.--Section 1710(e)(1)(F) of title 38, United \n        States Code, is amended--\n                    (A) by redesignating clauses (i) through (xv) as \n                subclauses (I) through (XV), respectively;\n                    (B) by striking ``(F) Subject to'' and inserting \n                ``(F)(i) Subject to'';\n                    (C) by striking ``any of the following'' and \n                inserting ``any of the illnesses or conditions for \n                which the evidence of connection of the illness or \n                condition to exposure to a toxic substance at Camp \n                Lejeune, North Carolina, during such period is \n                categorized as sufficient or modest in the most recent \n                list published under section 399V-6(a)(2) of the Public \n                Health Service Act, which may include any of the \n                following''; and\n                    (D) by adding at the end the following new clause:\n    ``(ii) For the purposes of ensuring continuation of care, any \nveteran who has been furnished hospital care or medical services under \nthis subparagraph for an illness or condition shall remain eligible for \nhospital care or medical services for such illness or condition \nnotwithstanding that the evidence of connection of such illness or \ncondition to exposure to a toxic substance at Camp Lejeune, North \nCarolina, during the period described in clause (i) is not categorized \nas sufficient or modest in the most recent list published under section \n399V-6(a)(2) of the Public Health Service Act.''.\n            (2) Family members.--Section 1787 of such title is amended \n        by adding at the end the following new subsection:\n    ``(c) Continuation of Care.--For the purposes of ensuring \ncontinuation of care, any individual who has been furnished hospital \ncare or medical services under this section for an illness or condition \nshall remain eligible for hospital care or medical services for such \nillness or condition notwithstanding that the illness or condition is \nno longer described in section 1710(e)(1)(F) of this title.''.\n            (3) Transfer of amounts for program.--Notwithstanding any \n        other provision of law, for each of fiscal years 2017 and 2018, \n        the Secretary of Veterans Affairs shall transfer $2,000,000 \n        from amounts made available to the Department of Veterans \n        Affairs for medical support and compliance to the Chief \n        Business Office and Financial Services Center of the Department \n        to be used to continue building and enhancing the claims \n        processing system, eligibility system, and web portal for the \n        Camp Lejeune Family Member Program of the Department.","title":""}
+{"_id":"c251","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Job Access and Work Incentives \nAct''.\n\n    TITLE I--PREFERENCE FOR CONTRACTORS THAT HIRE WELFARE RECIPIENTS\n\nSEC. 101. PREFERENCE FOR CONTRACTORS THAT HIRE WELFARE RECIPIENTS.\n\n    (a) Preference.--In awarding a contract covered by this section, \nthe head of a department or agency of the Federal Government shall give \npreference to an entity that agrees to hire welfare recipients for jobs \ncreated to carry out the contract.\n    (b) Evaluation.--To carry out subsection (a), the head of a \ndepartment or agency shall develop a system under which, in the \nevaluation of an offer from an entity for a contract, the preference \ngiven to the entity will be greater as the number of welfare recipients \nthat the offeror agrees to hire increases.\n    (c) Exceptions.--The requirement of subsection (a) shall not apply \nin the evaluation of offers for a contract if--\n            (1) the Secretary of Defense determines that the subsection \n        should not apply for national security reasons; or\n            (2) the head of the department or agency determines that no \n        entry-level jobs are expected to be created to carry out the \n        contract.\n    (d) Covered Contracts.--This section applies to any contract in an \namount in excess of $500,000 entered into after the date of the \nenactment of this Act by a department or agency of the Federal \nGovernment using competitive procedures.\n    (e) Welfare Recipient.--The term ``welfare recipient'' means a \nrecipient of assistance under a State program funded under part A of \ntitle IV of the Social Security Act.\n\n            TITLE II--JOB ACCESS AND REVERSE COMMUTE GRANTS\n\nSEC. 201. JOB ACCESS AND REVERSE COMMUTE GRANTS.\n\n    Section 3037(l)(1) of the Transportation Equity Act for the 21st \nCentury (49 U.S.C. 5309 note; 112 Stat. 391) is amended--\n            (1) in subparagraph (A) by striking clauses (ii) through \n        (v) and inserting the following:\n                            ``(ii) $500,000,000 for fiscal year 2000;\n                            ``(iii) $500,000,000 for fiscal year 2001;\n                            ``(iv) $500,000,000 for fiscal year 2002;\n                            ``(v) $500,000,000 for fiscal year 2003; \n                        and\n                            ``(vi) $500,000,000 for fiscal year \n                        2004.'';\n            (2) in subparagraph (B) by striking ``this section'' and \n        all that follows through the period at the end and inserting \n        ``this section $10,000,000 for fiscal year 1999.''; and\n            (3) in subparagraph (C) by striking ``this section'' and \n        all that follows through the period at the end and inserting \n        ``this section $100,000,000 for fiscal year 1999.''.\n\n  TITLE III--GUARANTEES OF LOANS MADE BY STATES TO CURRENT OR RECENT \n                           WELFARE RECIPIENTS\n\nSEC. 301. GUARANTEES OF LOANS MADE BY STATES TO CURRENT OR RECENT \n              WELFARE RECIPIENTS.\n\n    (a) In General.--The Secretary of Health and Human Services may \nprovide loan guarantees to States in accordance with this section.\n    (b) Limitation on Annual Amount of Loan Guarantees.--The total \ndollar amount of loan guarantees that may be provided under this \nsection in a fiscal year shall not exceed $50,000,000.\n    (c) Limitation on Annual Amount of Loan Guarantees per State.--The \ntotal dollar amount of loan guarantees that may be provided to a State \nunder this section in a fiscal year is the amount that bears the same \nratio to $50,000,000 as the total dollar amount payable to the State \nunder section 403(a)(1) of the Social Security Act for the fiscal year \n(determined without regard to any penalty imposed under section 409 of \nsuch Act) bears to the total dollar amount payable to all States under \nsuch section 403(a)(1) for the fiscal year (as so determined).\n    (d) Loans That May Be Guaranteed.--The Secretary of Health and \nHuman Services may provide a loan guarantee under this section with \nrespect to a loan if--\n            (1) the loan is made by a State;\n            (2) the borrower is a recipient of assistance under a State \n        program funded under part A of title IV of the Social Security \n        Act;\n            (3) the principal amount of the loan is not less than $20 \n        and not more than $5,000; and\n            (4) the loan bears interest at an annual rate that does not \n        exceed the rate at which interest is payable annually on bonds \n        most recently issued by the smallest political subdivision of \n        the State in which the borrower resides that has borrowing \n        authority.\n    (e) Definition of State.--In this section, the term ``State'' has \nthe meaning given such term in section 419(5) of the Social Security \nAct.\n    (f) Regulations.--The Secretary of Health and Human Services shall \nprescribe such regulations as may be necessary to carry out this \nsection.\n\n          TITLE IV--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES\n\nSEC. 401. APPROPRIATIONS FOR PROGRAMS AND ACTIVITIES OF SUBSTANCE ABUSE \n              AND MENTAL HEALTH SERVICES ADMINISTRATION.\n\n    For carrying out titles V and XIX of the Public Health Service Act \nwith respect to substance abuse and mental health services, there is \nappropriated, out of any money in the Treasury not otherwise \nappropriated, $2,730,000,000 for fiscal year 2000.\n\n                   TITLE V--RESTORATION OF DEDUCTIONS\n\nSEC. 501. RESTORATION OF DEDUCTION FOR BUSINESS MEALS AND ENTERTAINMENT \n              AND FOR TRAVEL EXPENSES OF SPOUSES AND OTHERS \n              ACCOMPANYING THE TAXPAYER ON BUSINESS.\n\n    (a) Restoration of Deduction for Business Meals and \nEntertainment.--\n            (1) In general.--Subsection (n) of section 274 of the \n        Internal Revenue Code of 1986 (relating to only 50 percent of \n        meal and entertainment expenses allowed as deduction) is hereby \n        repealed.\n            (2) Effective date.--The amendment made by this subsection \n        shall apply to taxable years beginning after December 31, 1999.\n    (b) Repeal of Special Limitation on Deduction for Travel Expenses \nof Spouses, Etc.--\n            (1) In general.--Subsection (m) of section 274 of such Code \n        is amended by striking paragraph (3).\n            (2) Effective date.--The amendment made by this subsection \n        shall apply to amounts paid or incurred after December 31, \n        1999.","title":""}
+{"_id":"c252","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Job Opportunity and Welfare \nReduction Act of 1997''.\n\nSEC. 2. PILOT PROGRAM FOR PLACING WELFARE RECIPIENTS IN JOBS VACATED BY \n              UNAUTHORIZED ALIENS.\n\n    (a) In General.--The Attorney General shall conduct a pilot program \nunder which the Attorney General shall provide a written notice to a \nState of one or more potential employment opportunities for an adult \nwho is receiving assistance under the State program funded under part A \nof title IV of the Social Security Act, where such opportunity arises \nfrom--\n            (1) the removal of one or more unauthorized aliens from a \n        work site in the State by an officer or employee of the Service \n        performing duties relating to the enforcement of the \n        immigration laws; or\n            (2) the issuance of an unauthorized work letter by the \n        Attorney General to an employer.\n    (b) Implementation Deadline; Termination.--The Attorney General \nshall implement the pilot program not later than October 1, 1998. The \nAttorney General shall terminate the pilot program at the end of the 4-\nyear period beginning on the first day the pilot program is in effect.\n    (c) Scope of Operation.--The Attorney General shall provide for the \noperation of the pilot program in each State--\n            (1) the chief executive officer of which has requested that \n        the Attorney General provide for such operation; and\n            (2) that is receiving a grant under part A of title IV of \n        the Social Security Act.\n    (d) Notice.--\n            (1) Contents.--The notice required under subsection (a) \n        shall include the following:\n                    (A) The name and address of the employer--\n                            (i) from whose work site an unauthorized \n                        alien was removed; or\n                            (ii) to whom the unauthorized work letter \n                        was issued.\n                    (B) A classification of the employment position (or \n                positions) formerly held by each unauthorized alien who \n                was removed from the work site or was the subject of \n                the unauthorized work letter, in terms of industry and \n                whether the work performed was skilled or unskilled.\n                    (C) The location of the work site.\n                    (D) The number of unauthorized aliens who were--\n                            (i) removed; or\n                            (ii) the subject of the unauthorized work \n                        letter.\n            (2) Deadline.--The Attorney General shall submit the notice \n        required under subsection (a) not later than 8 days after the \n        day on which--\n                    (A) the unauthorized alien is removed (in a case \n                described in subsection (a)(1)); or\n                    (B) an officer or employee of the Service enters \n                onto the work site for the purpose of removing an \n                unauthorized alien, following issuance of the \n                unauthorized work letter (in a case described in \n                subsection (a)(2)).\n    (e) Definitions.--For purposes of this Act:\n            (1) Service.--The term ``Service'' has the meaning given \n        such term in section 101(a)(34) of the Immigration and \n        Nationality Act.\n            (2) State.--The term ``State'' has the meaning given such \n        term in section 101(a)(36) of the Immigration and Nationality \n        Act.\n            (3) Unauthorized alien.--The term ``unauthorized alien'' \n        has the meaning given such term in section 274A(h)(3) of the \n        Immigration and Nationality Act.\n            (4) Unauthorized work letter.--The term ``unauthorized work \n        letter'' means a Form I-9 Inspection Result Letter, issued by \n        the Attorney General to an employer, identifying the possible \n        presence of an unauthorized alien worker.\n\nSEC. 3. BONUS TO REWARD PARTICIPATING STATES.\n\n    (a) In General.--Section 403(a)(4) of the Social Security Act (42 \nU.S.C. 603(a)(4)) (as amended by section 103 of the Personal \nResponsibility and Work Opportunity Reconciliation Act of 1996 (Public \nLaw 104-193; 110 Stat. 2121)) is amended--\n            (1) in subparagraph (B)(i), by adding at the end the \n        following:\n                        ``In the case of a high performing State that \n                        is an immigration pilot program State, such \n                        amount shall also be based on the score \n                        assigned to the State under subparagraph \n                        (D)(iii) for such fiscal year.'';\n            (2) by amending subparagraph (C) to read as follows:\n                    ``(C) Formula for measuring state performance.--\n                            ``(i) In general.--Not later than 1 year \n                        after the date of the enactment of the Personal \n                        Responsibility and Work Opportunity \n                        Reconciliation Act of 1996, the Secretary, in \n                        consultation with the National Governors' \n                        Association and the American Public Welfare \n                        Association, shall develop a formula for \n                        measuring State performance in operating the \n                        State program funded under this part so as to \n                        achieve the goals set forth in section 401(a).\n                            ``(ii) Immigration pilot program states.--\n                        Not later than 6 months after the date of the \n                        enactment of the Job Opportunity and Welfare \n                        Reduction Act of 1997, the Secretary, in \n                        consultation with the National Governors' \n                        Association and the American Public Welfare \n                        Association, shall develop a formula for \n                        measuring the performance of immigration pilot \n                        program States in placing adults receiving \n                        assistance under the State program funded under \n                        this part in employment vacancies arising \n                        from--\n                                    ``(I) the removal of an \n                                unauthorized alien (as defined in \n                                section 2 of such Act) from a work site \n                                in the State by an officer or employee \n                                of the Immigration and Naturalization \n                                Service performing duties relating to \n                                the enforcement of the immigration \n                                laws; or\n                                    ``(II) the issuance by the Attorney \n                                General to an employer of an \n                                unauthorized work letter (as defined in \n                                such section) with respect to a work \n                                site in the State.'';\n            (3) by amending subparagraph (D) to read as follows:\n                    ``(D) Scoring of state performance; setting of \n                performance thresholds.--For each bonus year, the \n                Secretary shall--\n                            ``(i) use the formula developed under \n                        subparagraph (C)(i) to assign a score to each \n                        eligible State for the fiscal year that \n                        immediately precedes the bonus year;\n                            ``(ii) prescribe a performance threshold, \n                        based on the scores assigned under clause (i), \n                        in such a manner so as to ensure that--\n                                    ``(I) the average annual total \n                                amount of grants to be made under this \n                                paragraph for each bonus year equals \n                                $200,000,000; and\n                                    ``(II) the total amount of grants \n                                to be made under this paragraph for all \n                                bonus years equals $1,000,000,000; and\n                            ``(iii) use the formula developed under \n                        subparagraph (C)(ii) to assign an additional \n                        score to each immigration pilot program State \n                        for the fiscal year that immediately precedes \n                        the bonus year, which score shall be used to \n                        reward immigration pilot program States--\n                                    ``(I) based on their performance, \n                                as measured under subparagraph (C)(ii); \n                                and\n                                    ``(II) in a manner consistent with \n                                subclauses (I) and (II) of clause \n                                (ii).''; and\n            (4) in subparagraph (E), by adding at the end the \n        following:\n                            ``(iii) Immigration pilot program state.--\n                        The term `immigration pilot program State' \n                        means, with respect to a fiscal year \n                        immediately preceding a bonus year, an eligible \n                        State--\n                                    ``(I) within which the Attorney \n                                General is operating the pilot program \n                                under section 2 of the Job Opportunity \n                                and Welfare Reduction Act of 1997;\n                                    ``(II) that, after each receipt of \n                                a notice of an employment vacancy (or \n                                vacancies) from the Attorney General \n                                under such section 2, provided to the \n                                employer having the vacancy a list \n                                containing, with respect to each such \n                                vacancy, the name, address, and \n                                telephone number of not more than 3 \n                                adults who are receiving assistance \n                                under the State program funded under \n                                this part and who are determined by the \n                                State, based on the adult's training, \n                                skills, prior experience, and \n                                availability for employment, to be \n                                qualified to fill the vacancy; and\n                                    ``(III) that provided to the \n                                Secretary, in such form and manner as \n                                the Secretary may have required, a \n                                report containing the information \n                                necessary for the Secretary to measure \n                                the State's performance under \n                                subparagraph (C)(ii).''.\n    (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the later of July 1, 1998, or the date of the enactment \nof this Act.\n\nSEC. 4. REPORT.\n\n    Not later than 3 months after the date of the termination of the \npilot program under section 2, the Secretary of Health and Human \nServices shall submit to the Congress a report, based on the rate of \nsuccess of the program in providing referrals leading to job \nplacements, containing the recommendations of the Secretary of Health \nand Human Services concerning whether the program should be \nreauthorized, whether the program should be expanded, and how the \nprogram could be improved.","title":""}
+{"_id":"c253","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Jobs Through Trade Expansion Act of \n1994''.\n\n            TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION\n\nSEC. 101. RAISING CEILING ON INSURANCE.\n\n    Section 235(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2195(a)(1)) is amended by striking ``$9,000,000,000'' and inserting \n``$13,500,000,000''.\n\nSEC. 102. RAISING CEILING ON FINANCING.\n\n    Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2195(a)(2)) is amended to read as follows:\n        ``(2) Financing.--(A) The maximum contingent liability \n    outstanding at any one time pursuant to financing issued under \n    subsections (b) and (c) of section 234 shall not exceed in the \n    aggregate $9,500,000,000.\n        ``(B) Subject to spending authority provided in appropriations \n    Acts pursuant to section 504(b) of the Federal Credit Reform Act of \n    1990, the Corporation is authorized to transfer such sums as are \n    necessary from its noncredit activities to pay for the subsidy cost \n    of the investment guaranties and direct loan programs under \n    subsections (b) and (c) of section 234.''.\n\nSEC. 103. EXTENDING ISSUING AUTHORITY.\n\n    Section 235(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2195(a)(3)) is amended by striking ``1994'' and inserting ``1996''.\n\nSEC. 104. ADMINISTRATIVE EXPENSES.\n\n    Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) \nis amended by striking subsection (g).\n\nSEC. 105. EXEMPTIONS FOR CERTAIN COUNTRIES.\n\n    Paragraph (2) of the second undesignated paragraph of section 231 \nof the Foreign Assistance Act of 1961 (22 U.S.C. 2191) is amended by \ninserting after ``Recovery Act (19 U.S.C. 2702)'' the following: ``, \nIreland, and Northern Ireland''.\n\n                 TITLE II--TRADE AND DEVELOPMENT AGENCY\n\nSEC. 201. TRADE AND DEVELOPMENT AGENCY.\n\n    Section 661(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. \n2421(f)(1)) is amended--\n        (1) by striking ``There are authorized'' and inserting ``(A) \n    There are authorized'';\n        (2) by striking ``$55,000,000'' and all that follows and \n    inserting ``$77,000,000 for fiscal year 1995 and such sums as are \n    necessary for fiscal year 1996.''; and\n        (3) by adding at the end the following new subparagraph:\n        ``(B) Amounts appropriated pursuant to the authorization of \n    appropriations under subparagraph (A) are authorized to remain \n    available until expended.''.\n\n  TITLE III--EXPORT PROMOTION PROGRAMS WITHIN THE INTERNATIONAL TRADE \n                             ADMINISTRATION\n\nSEC. 301. EXPORT PROMOTION AUTHORIZATION.\n\n    Section 202 of the Export Administration Amendments Act of 1985 (15 \nU.S.C. 4052) is amended to read as follows:\n\n``SEC. 202. AUTHORIZATION OF APPROPRIATIONS.\n\n    ``There are authorized to be appropriated to the Department of \nCommerce to carry out export promotion programs such sums as are \nnecessary for fiscal years 1995 and 1996.''.\n\n       TITLE IV--PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS\n\nSEC. 401. SHORT TITLE.\n\n    This title may be cited as the ``Environmental Export Promotion Act \nof 1994''.\n\nSEC. 402. PROMOTION OF ENVIRONMENTAL EXPORTS.\n\n    (a) Environmental Technologies Trade Advisory Committee.--Section \n2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is \namended--\n        (1) by striking subsection (d);\n        (2) by redesignating subsection (c) as subsection (e); and\n        (3) by inserting after subsection (b) the following:\n    ``(c) Environmental Technologies Trade Advisory Committee.--\n        ``(1) Establishment and purpose.--The Secretary, in carrying \n    out the duties of the chairperson of the TPCC, shall establish the \n    Environmental Technologies Trade Advisory Committee (hereafter in \n    this section referred to as the `Committee'). The purpose of the \n    Committee shall be to provide advice and guidance to the Working \n    Group in the development and administration of programs to expand \n    United States exports of environmental technologies, goods, and \n    services and products that comply with United States environmental, \n    safety, and related requirements.\n        ``(2) Membership.--The members of the Committee shall be drawn \n    from representatives of--\n            ``(A) environmental businesses, including small businesses;\n            ``(B) trade associations in the environmental sector;\n            ``(C) private sector organizations involved in the \n        promotion of environmental exports, including products that \n        comply with United States environmental, safety, and related \n        requirements;\n            ``(D) States (as defined in section 2301(i)(5)) and \n        associations representing the States; and\n            ``(E) other appropriate interested members of the public, \n        including labor representatives.\n    The Secretary shall appoint as members of the Committee at least 1 \n    individual under each of subparagraphs (A) through (E).\n    ``(d) Export Plans for Priority Countries.--\n        ``(1) Priority country identification.--The Working Group, in \n    consultation with the Committee, shall annually assess which \n    foreign countries have markets with the greatest potential for the \n    export of United States environmental technologies, goods, and \n    services. Of these countries the Working Group shall select as \n    priority countries 5 with the greatest potential for the \n    application of United States Government export promotion resources \n    related to environmental exports.\n        ``(2) Export plans.--The Working Group, in consultation with \n    the Committee, shall annually create a plan for each priority \n    country selected under paragraph (1), setting forth in detail ways \n    to increase United States environmental exports to such country. \n    Each such plan shall--\n            ``(A) identify the primary public and private sector \n        opportunities for United States exporters of environmental \n        technologies, goods, and services in the priority country;\n            ``(B) analyze the financing and other requirements for \n        major projects in the priority country which will use \n        environmental technologies, goods, and services, and analyze \n        whether such projects are dependent upon financial assistance \n        from foreign countries or multilateral institutions; and\n            ``(C) list specific actions to be taken by the member \n        agencies of the Working Group to increase United States exports \n        to the priority country.''.\n    (b) Additional Mechanisms To Promote Environmental Exports.--\nSection 2313 of the Export Enhancement Act of 1988 is further amended \nby adding at the end the following:\n    ``(f) Environmental Technologies Specialists in the United States \nand Foreign Commercial Service.--\n        ``(1) Assignment of environmental technologies specialists.--\n    The Secretary shall assign a specialist in environmental \n    technologies to the office of the United States and Foreign \n    Commercial Service in each of the 5 priority countries selected \n    under subsection (d)(1), and the Secretary is authorized to assign \n    such a specialist to the office of the United States and Foreign \n    Commercial Service in any country that is a promising market for \n    United States exports of environmental technologies, goods, and \n    services. Such specialist may be an employee of the Department, an \n    employee of any relevant United States Government department or \n    agency assigned on a temporary or limited term basis to the \n    Commerce Department, or a representative of the private sector \n    assigned to the Department of Commerce.\n        ``(2) Duties of environmental technologies specialists.--Each \n    specialist assigned under paragraph (1) shall provide export \n    promotion assistance to United States environmental businesses, \n    including, but not limited to--\n            ``(A) identifying factors in the country to which the \n        specialist is assigned that affect the United States share of \n        the domestic market for environmental technologies, goods, and \n        services, including market barriers, standards-setting \n        activities, and financing issues;\n            ``(B) providing assessments of assistance by foreign \n        governments that is provided to producers of environmental \n        technologies, goods, and services in such countries in order to \n        enhance exports to the country to which the specialist is \n        assigned, the effectiveness of such assistance on the \n        competitiveness of United States products, and whether \n        comparable United States assistance exists;\n            ``(C) training Foreign Commercial Service Officers in the \n        country to which the specialist is assigned, other countries in \n        the region, and United States and Foreign Commercial Service \n        offices in the United States, in environmental technologies and \n        the international environmental market;\n            ``(D) providing assistance in identifying potential \n        customers and market opportunities in the country to which the \n        specialist is assigned;\n            ``(E) providing assistance in obtaining necessary business \n        services in the country to which the specialist is assigned;\n            ``(F) providing information on environmental standards and \n        regulations in the country to which the specialist is assigned;\n            ``(G) providing information on all United States Government \n        programs that could assist the promotion, financing, and sale \n        of United States environmental technologies, goods, and \n        services in the country to which the specialist is assigned; \n        and\n            ``(H) promoting the equal treatment of United States \n        environmental, safety, and related requirements, with those of \n        other exporting countries, in order to promote exports of \n        United States-made products.\n    ``(g) Environmental Training in One-Stop Shops.--In addition to the \ntraining provided under subsection (f)(2)(C), the Secretary shall \nestablish a mechanism to train--\n        ``(1) Commercial Service Officers assigned to the one-stop \n    shops provided for in section 2301(b)(8), and\n        ``(2) Commercial Service Officers assigned to district offices \n    in districts having large numbers of environmental businesses,\nin environmental technologies and in the international environmental \nmarketplace, and ensure that such officers receive appropriate training \nunder such mechanism. Such training may be provided by officers or \nemployees of the Department of Commerce, and other United States \nGovernment departments and agencies, with appropriate expertise in \nenvironmental technologies and the international environmental \nworkplace, and by appropriate representatives of the private sector.\n    ``(h) International Regional Environmental Initiatives.--\n        ``(1) Establishment of initiatives.--The TPCC may establish one \n    or more international regional environmental initiatives the \n    purpose of which shall be to coordinate the activities of Federal \n    departments and agencies in order to build environmental \n    partnerships between the United States and the geographic region \n    outside the United States for which such initiative is established. \n    Such partnerships shall enhance environmental protection and \n    promote sustainable development by using in the region technical \n    expertise and financial resources of United States departments and \n    agencies that provide foreign assistance and by expanding United \n    States exports of environmental technologies, goods, and services \n    to that region.\n        ``(2) Activities.--In carrying out each international regional \n    environmental initiative, the TPCC shall--\n            ``(A) support, through the provision of foreign assistance, \n        the development of sound environmental policies and practices \n        in countries in the geographic region for which the initiative \n        is established, including the development of environmentally \n        sound regulatory regimes and enforcement mechanisms;\n            ``(B) identify and disseminate to United States \n        environmental businesses information regarding specific \n        environmental business opportunities in that geographic region;\n            ``(C) coordinate existing Federal efforts to promote \n        environmental exports to that geographic region, and ensure \n        that such efforts are fully coordinated with environmental \n        export promotion efforts undertaken by the States and the \n        private sector;\n            ``(D) increase assistance provided by the Federal \n        Government to promote exports from the United States of \n        environmental technologies, goods, and services to that \n        geographic region, such as trade missions, reverse trade \n        missions, trade fairs, and programs in the United States to \n        train foreign nationals in United States environmental \n        technologies; and\n            ``(E) increase high-level advocacy by United States \n        Government officials (including the United States ambassadors \n        to the countries in that geographic region) for United States \n        environmental businesses seeking market opportunities in that \n        geographic region.\n    ``(i) Environmental Technologies Project Advocacy Calendar and \nInformation Dissemination Program.--The Working Group shall--\n        ``(1) maintain a calendar, updated at the end of each calendar \n    quarter, of significant opportunities for United States \n    environmental businesses in foreign markets and trade promotion \n    events, which shall--\n            ``(A) be made available to the public;\n            ``(B) identify the 50 to 100 environmental infrastructure \n        and procurement projects in foreign markets that have the \n        greatest potential in the calendar quarter for United States \n        exports of environmental technologies, goods, and services; and\n            ``(C) include trade promotion events, such as trade \n        missions and trade fairs, in the environmental sector; and\n        ``(2) provide, through the National Trade Data Bank and other \n    information dissemination channels, information on opportunities \n    for environmental businesses in foreign markets and information on \n    Federal export promotion programs.\n    ``(j) Environmental Technology Export Alliances.--Subject to the \navailability of appropriations for such purpose, the Secretary is \nauthorized to use the Market Development Cooperator Program to support \nthe creation on a regional basis of alliances of private sector \nentities, nonprofit organizations, and universities, that support the \nexport of environmental technologies, goods, and services and promote \nthe export of products complying with United States environmental, \nsafety, and related requirements.\n    ``(k) Definition.--For purposes of this section, the term \n`environmental business' means a business that produces environmental \ntechnologies, goods, or services.''.\n\n       TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY\n\nSEC. 501. ESTABLISHMENT OF PROGRAM.\n\n    (a) In General.--In carrying out part I of the Foreign Assistance \nAct of 1961 and other relevant foreign assistance laws, the President, \nacting through the Administrator of the United States Agency for \nInternational Development, shall establish a program of training and \nother technical assistance to assist foreign countries in--\n        (1) developing and strengthening laws and regulations to \n    protect intellectual property; and\n        (2) developing the infrastructure necessary to implement and \n    enforce such laws and regulations.\n    (b) Participation of Other Agencies.--The Administrator of the \nUnited States Agency for International Development--\n        (1) shall utilize the expertise of the Patent and Trademark \n    Office and other agencies of the United States Government in \n    designing and implementing the program of assistance provided for \n    in this section;\n        (2) shall coordinate assistance under this section with efforts \n    of other agencies of the United States Government to increase \n    international protection of intellectual property, including \n    implementation of international agreements containing high levels \n    of protection of intellectual property; and\n        (3) shall consult with the heads of such other agencies in \n    determining which foreign countries will receive assistance under \n    this section.\n\n\n\n\n\n\n\n                               Speaker of the House of Representatives.\n\n\n\n\n\n\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c254","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Joe Testaverde Adult Stem Cell \nResearch Act of 2005''.\n\nSEC. 2. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF \n              NATIONAL INSTITUTES OF HEALTH REGARDING QUALIFYING ADULT \n              STEM CELL RESEARCH.\n\n    Part B of title IV of the Public Health Service Act (42 U.S.C. 284 \net seq.) is amended by adding at the end the following:\n\n``SEC. 409J. QUALIFYING ADULT STEM CELL RESEARCH.\n\n    ``(a) In General.--\n            ``(1) Expansion of activities.--The Director of NIH shall \n        expand, intensify, and coordinate the activities of the \n        National Institutes of Health regarding qualifying adult stem \n        cell research.\n            ``(2) Collaboration among agencies.--The Director shall \n        carry out this section in collaboration with any other agencies \n        that the Director determines appropriate.\n    ``(b) Centers of Excellence.--\n            ``(1) In general.--In carrying out subsection (a)(1), the \n        Director shall make awards of grants and contracts to public or \n        nonprofit private entities to pay all or part of the cost of \n        planning, establishing, improving, and providing basic \n        operating support for centers of excellence regarding \n        qualifying adult stem cell research.\n            ``(2) Research.--Each center shall conduct basic and \n        clinical research regarding qualifying adult stem cells. Such \n        research should include investigations into the cause, \n        diagnosis, early detection, prevention, control, and treatment \n        of disease.\n            ``(3) Services for patients.--\n                    ``(A) In general.--A center may expend amounts \n                provided under paragraph (1) to carry out a program to \n                make individuals aware of opportunities to participate \n                as subjects in research conducted by the centers.\n                    ``(B) Referrals and costs.--A program under \n                subparagraph (A) may, in accordance with such criteria \n                as the Director may establish, provide to the subjects \n                described in such subparagraph, referrals for health \n                and other services, and such patient care costs as are \n                required for research.\n                    ``(C) Availability and access.--The extent to which \n                a center can demonstrate availability and access to \n                clinical services shall be considered by the Director \n                in decisions about awarding grants to applicants which \n                meet the scientific criteria for funding under this \n                section.\n            ``(4) Coordination of centers; reports.--The Director \n        shall, as appropriate, provide for the coordination of \n        information among centers and ensure regular communication \n        between such centers, and may require the periodic preparation \n        of reports on the activities of the centers and the submission \n        of the reports to the Director.\n            ``(5) Organization of centers.--Each center shall use the \n        facilities of a single institution, or be formed from a \n        consortium of cooperating institutions, meeting such \n        requirements as may be prescribed by the Director.\n            ``(6) Number of centers; duration of support.--\n                    ``(A) In general.--The Director shall provide for \n                the establishment of not less than five centers under \n                paragraph (1).\n                    ``(B) Duration.--Support for a center may be \n                provided under this section for a period of not to \n                exceed 5 years. Such period may be extended for one or \n                more additional periods not exceeding 5 years if the \n                operations of such center have been reviewed by an \n                appropriate technical and scientific peer review group \n                established by the Director and if such group has \n                recommended to the Director that such period should be \n                extended.\n    ``(c) Facilitation of Research.--In carrying out subsection (a)(1), \nthe Director shall provide for a program under which samples of tissues \nand genetic materials that are of use in qualifying adult stem cell \nresearch are donated, collected, preserved, and made available for such \nresearch. The program shall be carried out in accordance with accepted \nscientific and medical standards for the donation, collection, and \npreservation of such samples.\n    ``(d) Public Input.--In carrying out subsection (a)(1), the \nDirector shall provide for means through which the public can obtain \ninformation on the existing and planned programs and activities of the \nNational Institutes of Health regarding qualifying adult stem cell \nresearch and through which the Director can receive comments from the \npublic regarding such programs and activities.\n    ``(e) Definitions.--In this section:\n            ``(1) The term `center' means a center of excellence under \n        subsection (b)(1).\n            ``(2) The term `Director' means the Director of NIH.\n            ``(3) The term `qualifying adult stem cell' means a human \n        stem cell obtained from a human placenta, umbilical cord blood, \n        an organ or tissue of a living or deceased human being who has \n        been born, or an organ or tissue of unborn human offspring who \n        died of natural causes (such as spontaneous abortion).\n    ``(f) Authorization of Appropriations.--To carry out this section, \nthere are authorized to be appropriated such sums as may be necessary \nfor fiscal year 2006 and each subsequent fiscal year. Such \nauthorization of appropriations is in addition to any other \nauthorization of appropriations that is available for activities of the \nNational Institutes of Health regarding qualifying adult stem cell \nresearch.''.","title":""}
+{"_id":"c255","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Joining Forces for Military Mental \nHealth Act''.\n\nSEC. 2. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF DEFENSE EFFORTS \n              ON MENTAL HEALTH IN THE NATIONAL GUARD AND RESERVES \n              THROUGH COMMUNITY PARTNERSHIPS.\n\n    (a) Pilot Program Authorized.--\n            (1) In general.--The Secretary of Defense may carry out a \n        pilot program to assess the feasibility and advisability of \n        enhancing the efforts of the Department of Defense in research, \n        treatment, education, and outreach on mental health and \n        substance use disorders and Traumatic Brain Injury (TBI) in \n        members of the National Guard and Reserves, their family \n        members, and their caregivers through community partners \n        described in subsection (c).\n            (2) Duration.--The duration of the pilot program may not \n        exceed three years.\n    (b) Grants.--In carrying out the pilot program, the Secretary may \naward not more than five grants to community partners described in \nsubsection (c). Any grant so awarded shall be awarded using a \ncompetitive and merit-based award process.\n    (c) Community Partners.--A community partner described in this \nsubsection is a private non-profit organization or institution (or \nmultiple organizations and institutions) that--\n            (1) engages in each of the research, treatment, education, \n        and outreach activities described in subsection (d); and\n            (2) meets such qualifications for treatment as a community \n        partner as the Secretary shall establish for purposes of the \n        pilot program.\n    (d) Activities.--Amounts awarded under a grant under the pilot \nprogram shall be utilized by the community partner awarded the grant \nfor one or more of the following:\n            (1) To engage in research on the causes, development, and \n        innovative treatment of mental health and substance use \n        disorders and Traumatic Brain Injury in members of the National \n        Guard and Reserves, their family members, and their caregivers.\n            (2) To provide treatment to such members and their families \n        for such mental health and substance use disorders and \n        Traumatic Brain Injury.\n            (3) To identify and disseminate evidence-based treatments \n        of mental health and substance use disorders and Traumatic \n        Brain Injury described in paragraph (1).\n            (4) To provide outreach and education to such members, \n        their families and caregivers, and the public about mental \n        health and substance use disorders and Traumatic Brain Injury \n        described in paragraph (1).\n    (e) Requirement for Matching Funds.--\n            (1) Requirement.--The Secretary may award a grant under \n        this section to an organization or institution (or \n        organizations and institutions) only if the awardee agrees to \n        make contributions toward the costs of activities carried out \n        with the grant, from non-Federal sources (whether public or \n        private), an amount equal to not less than $3 for each $1 of \n        funds provided under the grant.\n            (2) Nature of non-federal contributions.--Contributions \n        from non-Federal sources for purposes of paragraph (1) may be \n        in cash or in-kind, fairly evaluated. Amounts provided by the \n        Federal Government, or services assisted or subsidized to any \n        significant extent by the Federal Government, may not be \n        included in determining the amount of contributions from non-\n        Federal sources for such purposes.\n    (f) Application.--An organization or institution (or organizations \nand institutions) seeking a grant under this section shall submit to \nthe Secretary an application therefore in such a form and containing \nsuch information as the Secretary considers appropriate, including the \nfollowing:\n            (1) A description how the activities proposed to be carried \n        out with the grant will help improve collaboration and \n        coordination on research initiatives, treatment, and education \n        and outreach on mental health and substance use disorders and \n        Traumatic Brain Injury among the Armed Forces.\n            (2) A description of existing efforts by the applicant to \n        put the research described in (c)(1) into practice.\n            (3) If the application comes from multiple organizations \n        and institutions, how the activities proposed to be carried out \n        with the grant would improve coordination and collaboration \n        among such organizations and institutions.\n            (4) If the applicant proposes to provide services or \n        treatment to members of the Armed Forces or family members \n        using grant amounts, reasonable assurances that such services \n        or treatment will be provided by a qualified provider.\n            (5) Plans to comply with subsection (g).\n    (g) Exchange of Medical and Clinical Information.--A community \npartner awarded a grant under the pilot program shall agree to any \nrequirements for the sharing of medical or clinical information \nobtained pursuant to the grant that the Secretary shall establish for \npurposes of the pilot program. The exchange of medical or clinical \ninformation pursuant to this subsection shall comply with applicable \nprivacy and confidentiality laws.\n    (h) Dissemination of Information.--The Secretary of Defense shall \nshare with the Secretary of Veterans Affairs information on best \npractices in research, treatment, education, and outreach on mental \nhealth and substance use disorders and Traumatic Brain Injury \nidentified by the Secretary of Defense as a result of the pilot \nprogram.\n    (i) Report.--Not later than 180 days before the completion of the \npilot program, the Secretary of Defense shall submit to the Secretary \nof Veterans Affairs, and to Congress, a report on the pilot program. \nThe report shall include the following:\n            (1) A description of the pilot program, including the \n        community partners awarded grants under the pilot program, the \n        amount of grants so awarded, and the activities carried out \n        using such grant amounts.\n            (2) A description of any research efforts advanced using \n        such grant amounts.\n            (3) The number of members of the National Guard and \n        Reserves provided treatment or services by community partners \n        using such grant amounts, and a summary of the types of \n        treatment and services so provided.\n            (4) A description of the education and outreach activities \n        undertaken using such grant amounts.\n            (5) A description of efforts to exchange clinical \n        information under subsection (g).\n            (6) A description and assessment of the effectiveness and \n        achievements of the pilot program with respect to research, \n        treatment, education, and outreach on mental health and \n        substance use disorders and Traumatic Brain Injury.\n            (7) Such recommendations as the Secretary of Defense \n        considers appropriate in light of the pilot program on the \n        utilization of organizations and institutions such as community \n        partners under the pilot program in efforts of the Department \n        described in subsection (a).\n            (8) A description of the metrics used by the Secretary in \n        making recommendations under paragraph (7).\n    (j) Available Funds.--Funds for the pilot program shall be derived \nfrom amounts authorized to be appropriated for the Department of \nDefense for Defense Health Program and otherwise available for \nobligation and expenditure.\n    (k) Definitions.--In this section, the terms ``family member'' and \n``caregiver'', in the case of a member of the National Guard or \nReserves, have the meaning given such terms in section 1720G(d) of \ntitle 38, United States Code, with respect to a veteran.","title":""}
+{"_id":"c256","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Joint Committee on Agency Rule \nReview Act of 2003'' or the ``JCARR Act''.\n\nSEC. 2. ESTABLISHMENT OF A JOINT COMMITTEE ON AGENCY RULE REVIEW.\n\n    Section 802 of title 5, United States Code, is amended by \nredesignating subsection (g) as subsection (i) and by inserting before \nsubsection (i) the following new subsection:\n    ``(h)(1) There is established a Joint Committee on Agency Rule \nReview to be composed of 12 Members of the Senate to be appointed by \nthe majority leader of the Senate and 12 Members of the House of \nRepresentatives to be appointed by the Speaker of the House of \nRepresentatives. In each instance, not more than 7 Members shall be \nmembers of the same political party.\n    ``(2) In carrying out its duties under this chapter, the joint \ncommittee, or any duly authorized subcommittee thereof, is authorized \nto--\n            ``(A) hold such hearings, to sit and act at such places and \n        times within the United States during the sessions, recesses, \n        and adjourned periods of Congress;\n            ``(B) require the attendance of such witnesses and the \n        production of such books, papers, and documents, administer \n        such oaths, take such testimony, procure such printing and \n        binding as it deems necessary; and\n            ``(C) make such rules respecting its organization and \n        procedures as it deems necessary, but no bill shall be reported \n        from the joint committee unless a majority of the committee \n        assent.\n    ``(3) The members of the joint committee who are Members of the \nSenate shall from time to time report to the Senate, and the members of \nthe joint committee who are Members of the House of Representatives \nshall from time to time report to the House, by bill or otherwise, \ntheir recommendations with respect to matters within the jurisdiction \nof their respective Houses which are referred to the joint committee or \notherwise within the jurisdiction of the joint committee.\n    ``(4) Vacancies in the membership of the joint committee shall not \naffect the power of the remaining members to execute the functions of \nthe joint committee, and shall be filled in the same manner as in the \ncase of the original selection. The joint committee shall select a \nchairman and a vice chairman from among its members at the beginning of \neach Congress. The vice chairman shall act in place of the chairman in \nthe absence of the chairman. The chairmanship shall alternate between \nthe Senate and the House of Representatives with each Congress, and the \nchairman shall be selected by the Members from that House entitled to \nthe chairmanship. The vice chairman shall be chosen from the House \nother than that of the chairman by the Members from that House.\n    ``(5) The joint committee may appoint and fix the compensation of \nsuch staff as it deems necessary.\n    ``(6)(A) Notwithstanding any law, rule, or other authority, there \nshall be paid out of the applicable accounts of the House of \nRepresentatives such sums as may be necessary for one-half of the \nexpenses of the joint committee. Such payments shall be made on \nvouchers signed by the chairman or vice chairman of the joint committee \nwho is a Member of the House of Representatives, as the case may be, \nand approved in the manner directed by the Committee on House \nAdministration of the House of Representatives. Amounts made available \nunder this paragraph shall be expended in accordance with regulations \nprescribed by the Committee on House Administration of the House of \nRepresentatives.\n    ``(B) (To be supplied by the Senate).''.\n\nSEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTATIVES AND THE SENATE.\n\n    (a) House of Representatives.--Section 802 of title 5, United \nStates Code, is amended by redesignating subsection (f) as subsection \n(g) and by inserting after subsection (e) the following new subsection:\n    ``(f)(1) In the House, after the third legislative day after the \ndate on which the joint committee has reported a joint resolution \ndescribed in subsection (a), it is in order for any Member of the House \nto move to proceed to consideration of the joint resolution. All points \nof order against the motion to proceed and against consideration of \nthat motion are waived. The motion is privileged in the House and is \nnot debatable. The motion is not subject to amendment, or to a motion \nto postpone, or to a motion to proceed to the consideration of other \nbusiness. A motion to reconsider the vote by which the motion is agreed \nto or disagreed to shall not be in order. If a motion to proceed to the \nconsideration of the joint resolution is agreed to, the House shall \nimmediately proceed to consideration of the joint resolution without \nintervening motion (except one motion to adjourn), order, or other \nbusiness.\n    ``(2)(A) In the House, debate shall be confined to the joint \nresolution and shall not exceed one hour equally divided and controlled \nby a proponent and an opponent of the joint resolution. The previous \nquestion shall be considered as ordered on the joint resolution to \nfinal passage without intervening motion, except one motion to \nrecommit. A motion to reconsider the vote on passage of the joint \nresolution shall not be in order.''.\n    (b) Senate.--The first sentence of section 802(d)(1) of title 5, \nUnited States Code, is amended by inserting ``any Member of the Senate \nto make'' before ``a motion to proceed''.\n\nSEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.\n\n    (a) Congressional Review.--Section 801(a) of title 5, United States \nCode, is amended--\n            (1) in paragraph (1)(A), by striking ``each House of \n        Congress'' and inserting ``the joint committee'';\n            (2) in paragraph (1)(B), by striking ``each House of \n        Congress'' and inserting ``the joint committee'';\n            (3) by amending paragraph (1)(C) to read as follows:\n    ``(C) Upon receipt of a report submitted under subparagraph (A), \nthe chairman or vice chairman of the joint committee shall provide \ncopies of the report to the chairman and ranking member of each \napplicable standing committee with jurisdiction under the rules of the \nHouse of Representatives or the Senate of the subject matter of the \nprovision of law under which the rule is issued.'';\n            (4) in paragraph (2)(A), by striking ``committees of \n        jurisdiction in each House of the Congress'' and inserting \n        ``joint committee'';\n            (5) in paragraph (3)(A)(i), by striking ``Congress'' and \n        inserting ``joint committee''; and\n            (6) in paragraph (4), by striking ``Congress'' and \n        inserting ``the joint committee''.\n    (b) Congressional Disapproval Procedure.--Section 802 of title 5, \nUnited States Code, is amended--\n            (1) in subsection (a), by striking ``Congress'' the first \n        place it appears and inserting ``the joint committee'';\n            (2) by striking subsection (b) and inserting the following \n        new subsection:\n    ``(b) For purposes of this section, the term `submission or \npublication date' means the later of the date on which--\n            ``(1) the joint committee receives the report submitted \n        under section 801(a)(1); or\n            ``(2) the rule is published in the Federal Register, if so \n        published.'';\n            (3) in subsection (c), by striking ``committee to which is \n        referred a joint resolution described in subsection (a) has not \n        reported such'' and inserting ``joint committee has not \n        reported a''; and\n            (4) in subsection (d)(1), by striking ``committee to which \n        is referred a joint resolution is referred has reported'' and \n        inserting ``joint committee'' and by striking ``a committee'' \n        and inserting ``the joint committee''.\n    (c) Definitions.--Section 804 of title 5, United States Code, is \namended by adding at the end the following new paragraph:\n            ``(4) The term `joint committee' refers to the Joint \n        Committee on Agency Rule Review.''.\n\nSEC. 5. EFFECTIVE DATE.\n\n    This Act and the amendments made by it shall take effect at noon on \nJanuary 3, 2005.","title":""}
+{"_id":"c257","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Judicial Amendments Act of 1994''.\n\nSEC. 2. AMENDMENTS TO THE JUDICIARY AUTOMATION FUND.\n\n    Section 612 of title 28, United States Code, is amended--\n        (1) in subsection (a)--\n            (A) in the second sentence by inserting after ``equipment \n        for'' the following: ``program activities included in the \n        courts of appeals, district courts, and other judicial services \n        account of''; and\n            (B) in the third sentence by striking out all after \n        ``personal services'' and inserting in lieu thereof ``, support \n        personnel in the courts and in the Administrative Office of the \n        United States Courts, and other costs, for the effective \n        management, coordination, operation, and use of automatic data \n        processing equipment purchased by the Fund. In addition, all \n        agencies of the judiciary may make deposits into the Fund to \n        meet their automatic data processing needs in accordance with \n        subsections (b) and (c)(2).'';\n        (2) in subsection (b)(1) by striking out ``judicial branch'' \n    and inserting in lieu thereof ``activities funded under subsection \n    (a) and shall include an annual estimate of any fees that may be \n    collected under section 404 of the Judiciary Appropriations Act, \n    1991 (Public Law 101-515; 104 Stat. 2133)'';\n        (3) in subsection (b)(2) by striking out ``judicial branch of \n    the United States'' and inserting in lieu thereof ``activities \n    funded under subsection (a)'';\n        (4) in subsection (c)(1)(A), by inserting after ``surplus \n    property'' the following: ``, all fees collected after the date of \n    the enactment of the Judicial Amendments Act of 1994 by the \n    judiciary under section 404 of the Judiciary Appropriations Act, \n    1991 (Public Law 101-515; 104 Stat. 2133)'';\n        (5) in subsection (e)(1)--\n            (A) by striking out ``(A)''; and\n            (B) by striking out ``$75,000,000'' and inserting in lieu \n        thereof ``amounts estimated to be collected under subsection \n        (c) for that fiscal year'';\n        (6) in subsection (h) by amending the subsection to read as \n    follows:\n    ``(h) Annual Report.--\n        ``(1) In general.--The Director shall submit to the Congress an \n    annual report on the operation of the Fund, including on the \n    inventory, use, and acquisition of automatic data processing \n    equipment from the Fund and the consistency of such acquisition \n    with the plan prepared under subsection (b). The report shall set \n    forth the amounts deposited into the Fund under subsection (c).\n        ``(2) Additional contents of report.--The annual report \n    submitted under this subsection shall include--\n            ``(A) the specific actions taken and the progress made to \n        improve the plan developed under subsection (b) and the long \n        range automation plan and strategic business plan developed \n        under subsection (k); and\n            ``(B) a comparison of planned Fund expenditures and \n        accomplishments with actual Fund expenditures and \n        accomplishments, and the reasons for any delays in scheduled \n        systems development, or budget overruns.\n        ``(3) Report in year of termination of authority.--The annual \n    report submitted under this subsection for any year in which the \n    authority for this section is to terminate under subsection (m), \n    shall be submitted no later than 9 months before the date of such \n    termination.'';\n        (7) in subsection (i) by striking out all after ``Judicial \n    Conference of the United States,'' and inserting in lieu thereof \n    ``may transfer amounts up to $1,000,000 from the Fund into the \n    account to which the funds were originally appropriated. Any \n    amounts transferred from the Fund in excess of $1,000,000 in any \n    fiscal year may only be transferred by following reprogramming \n    procedures in compliance with section 606 of the Departments of \n    Commerce, Justice, and State, the Judiciary, and Related Agencies \n    Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2227).'';\n        (8) in subsection (j) in the second sentence by inserting ``in \n    statute'' after ``not specified'';\n        (9) by redesignating subsections (k) and (l) as subsections (l) \n    and (m), respectively, and by inserting after subsection (j) the \n    following new subsection:\n    ``(k) Long Range Management and Business Plans.--The Director of \nthe Administrative Office of the United States Court shall--\n        ``(1) develop an overall strategic business plan which would \n    identify the judiciary's missions, goals, and objectives;\n        ``(2) develop a long range automation plan based on the \n    strategic business plan and user needs assessments;\n        ``(3) establish effective Administrative Office oversight of \n    court automation efforts to ensure the effective operation of \n    existing systems and control over developments of future systems;\n        ``(4) expedite efforts to complete the development and \n    implementation of life cycle management standards;\n        ``(5) utilize the standards in developing the next generation \n    of case management and financial systems; and\n        ``(6) assess the current utilization and future user \n    requirements of the data communications network.''; and\n        (10) in subsection (m) (as redesignated under paragraph (9)) of \n    this section--\n            (A) in the first sentence by striking out ``1994'', and \n        inserting in lieu thereof, ``1997''; and\n            (B) in the second sentence by striking out ```Judicial \n        Services Account''' and inserting in lieu thereof ``fund \n        established under section 1931 of this title''.\n\nSEC. 3. COURT ARBITRATION AUTHORIZATION.\n\n    (a) Authorization of Appropriations.--Section 905 of the Judicial \nImprovements and Access to Justice Act (28 U.S.C. 651 note) is \namended--\n        (1) in the first sentence by striking out ``for the fiscal year \n    ending September 30, 1989, and for each of the succeeding 7 fiscal \n    years,'' and inserting in lieu thereof ``for each of the fiscal \n    years 1994 through 1997''; and\n        (2) in the third sentence by striking out all beginning with \n    ``, except that'' through ``this Act''.\n    (b) Removal of Repealer.--Section 906 of the Judicial Improvements \nand Access to Justice Act (28 U.S.C. 651 note), and the item relating \nto such section in the table of contents contained in section 3 of such \nAct, are repealed.\nSEC. 4. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PILOT \nPROGRAMS.\n    Section 105 of the Civil Justice Reform Act of 1990 (28 U.S.C. 471 \nnote; 104 Stat. 5097) is amended--\n        (1) in subsection (a)(1) by striking out ``4-year period'' and \n    inserting in lieu thereof ``5-year period'';\n        (2) in subsection (b)(3)--\n            (A) in the first sentence by striking out ``3 years'' and \n        inserting in lieu thereof ``4 years''; and\n            (B) in the second sentence by striking out ``3-year \n        period'' and inserting in lieu thereof ``4-year period''; and\n        (3) in subsection (c)(1) by striking out ``December 31, 1995,'' \n    and inserting in lieu thereof ``December 31, 1996,''.\n\n\n\n\n\n\n\n                               Speaker of the House of Representatives.\n\n\n\n\n\n\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c258","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Jumpstarting Our Business Sector Act \nof 2011''.\n\nSEC. 2. REDUCTION IN CORPORATE INCOME TAX RATES.\n\n    (a) In General.--Subsection (b) of section 11 of the Internal \nRevenue Code of 1986 is amended to read as follows:\n    ``(b) Amount of Tax.--The amount of the tax imposed by subsection \n(a) shall be 0 percent of taxable income.''.\n    (b) Conforming Amendments.--\n            (1) Section 55(b)(1)(B)(i) of such Code is amended by \n        striking ``20 percent'' and inserting ``0 percent''.\n            (2) Section 280C(c)(3)(B)(ii)(II) of such Code is amended \n        by striking ``maximum rate of tax under section 11(b)(1)'' and \n        inserting ``rate of tax under section 11(b)''.\n            (3) Sections 860E(e)(2)(B), 860E(e)(6)(A)(ii), \n        860K(d)(2)(A)(ii), 860K(e)(1)(B)(ii), 1446(b)(2)(B), and \n        7874(e)(1)(B) of such Code are each amended by striking \n        ``highest rate of tax specified in section 11(b)(1)'' and \n        inserting ``rate of tax specified in section 11(b)''.\n            (4) Section 904(b)(3)(D)(ii) of such Code is amended by \n        striking ``(determined without regard to the last sentence of \n        section 11(b)(1))''.\n            (5) Section 962 of such Code is amended by striking \n        subsection (c) and by redesignating subsection (d) as \n        subsection (c).\n            (6) Section 1201(a) of such Code is amended--\n                    (A) by striking ``35 percent (determined without \n                regard to the last 2 sentences of section 11(b)(1))'' \n                and inserting ``0 percent'', and\n                    (B) by striking ``35 percent'' in paragraph (2) and \n                inserting ``0 percent''.\n            (7) Section 1561(a) of such Code is amended--\n                    (A) by striking paragraph (1) and by redesignating \n                paragraphs (2), (3), and (4) as paragraphs (1), (2), \n                and (3), respectively,\n                    (B) by striking ``The amounts specified in \n                paragraph (1), the'' and inserting ``The'',\n                    (C) by striking ``paragraph (2)'' and inserting \n                ``paragraph (1)'',\n                    (D) by striking ``paragraph (3)'' both places it \n                appears and inserting ``paragraph (2)'',\n                    (E) by striking ``paragraph (4)'' and inserting \n                ``paragraph (3)'', and\n                    (F) by striking the fourth sentence.\n            (8) Subsection (b) of section 1561 of such Code is amended \n        to read as follows:\n    ``(b) Certain Short Taxable Years.--If a corporation has a short \ntaxable year which does not include a December 31 and is a component \nmember of a controlled group of corporations with respect to such \ntaxable year, then for purposes of this subtitle, the amount to be used \nin computing the accumulated earnings credit under section 535(c) (2) \nand (3) of such corporation for such taxable year shall be the amount \nspecified in subsection (a)(1) divided by the number of corporations \nwhich are component members of such group on the last day of such \ntaxable year. For purposes of the preceding sentence, section 1563(b) \nshall be applied as if such last day were substituted for December \n31.''.\n    (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2011.\n\nSEC. 3. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND \n              CORPORATIONS.\n\n    (a) Zero Percent Capital Gains Rate for Individuals.--\n            (1) In general.--Paragraph (1) of section 1(h) of the \n        Internal Revenue Code of 1986 is amended by striking \n        subparagraph (C), by redesignating subparagraphs (D) and (E) \n        and subparagraphs (C) and (D), respectively, and by amending \n        subparagraph (B) to read as follows:\n                    ``(B) 0 percent of the adjusted net capital gain \n                (or, if less, taxable income);''.\n            (2) Alternative minimum tax.--Paragraph (3) of section \n        55(b) is amended by striking subparagraph (C), by redesignating \n        subparagraph (D) as subparagraph (C), and by amending \n        subparagraph (B) to read as follows:\n                    ``(B) 0 percent of the adjusted net capital gain \n                (or, if less, taxable excess), plus''.\n            (3) Repeal of sunset of reduction in capital gains rates \n        for individuals.--Section 303 of the Jobs and Growth Tax Relief \n        Reconciliation Act of 2003 shall not apply to section 301 of \n        such Act.\n    (b) Zero Percent Capital Gains Rate for Corporations.--\n            (1) In general.--Section 1201 of the Internal Revenue Code \n        of 1986 is amended by redesignating subsection (b) as \n        subsection (c), and by striking subsection (a) and inserting \n        the following new subsections:\n    ``(a) General Rule.--If for any taxable year a corporation has a \nnet capital gain, then, in lieu of the tax imposed by sections 11, 511, \n821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax \nis less than the tax imposed by such sections) which shall consist of \nthe sum of--\n            ``(1) a tax computed on the taxable income reduced by the \n        amount of the net capital gain, at the rates and in the manner \n        as if this subsection had not been enacted,\n            ``(2) 0 percent of the adjusted net capital gain (or, if \n        less, taxable income),\n            ``(3) 25 percent of the excess (if any) of--\n                    ``(A) the unrecaptured section 1250 gain (or, if \n                less, the net capital gain (determined without regard \n                to subsection (b)(2)), over\n                    ``(B) the excess (if any) of--\n                            ``(i) the sum of the amount on which tax is \n                        determined under paragraph (1) plus the net \n                        capital gain, over\n                            ``(ii) taxable income, plus\n            ``(4) 28 percent of the amount of taxable income in excess \n        of the sum of the amounts on which tax is determined under the \n        preceding paragraphs of this subsection.\n    ``(b) Definitions and Special Rules.--For purposes of this \nsection--\n            ``(1) In general.--The terms `adjusted net capital gain' \n        and `unrecaptured section 1250 gain' shall have the respective \n        meanings given such terms in section 1(h).\n            ``(2) Dividends taxed at net capital gain.--Except as \n        otherwise provided in this section, the term `net capital gain' \n        has the meaning given such term in section 1(h)(11).''.\n            (2) Alternative minimum tax.--Section 55(b) of such Code is \n        amended by adding at the end the following new paragraph:\n            ``(4) Maximum rate of tax on net capital gain of \n        corporations.--The amount determined under paragraph (1)(B)(i) \n        shall not exceed the sum of--\n                    ``(A) the amount determined under such paragraph \n                computed at the rates and in the same manner as if this \n                paragraph had not been enacted on the taxable excess \n                reduced by the net capital gain, plus\n                    ``(B) the amount determined under section 1201.''.\n            (3) Technical amendments.--\n                    (A) Section 1445(e)(1) of such Code is amended by \n                striking ``35 percent (or, to the extent provided in \n                regulations, 15 percent)'' and inserting ``0 percent''.\n                    (B) Section 1445(e)(2) of such Code is amended by \n                striking ``35 percent'' and inserting ``0 percent''.\n                    (C) Section 7518(g)(6)(A) of such Code is amended \n                by striking ``15 percent (34 percent in the case of a \n                corporation)'' and inserting ``0 percent''.\n                    (D) Section 607(h)(6)(A) of the Merchant Marine \n                Act, 1936 is amended by striking ``15 percent (34 \n                percent in the case of a corporation)'' and inserting \n                ``0 percent''.\n    (c) Effective Date.--\n            (1) In general.--Except as provided in paragraph (2), the \n        amendments made by this section shall apply to taxable years \n        ending after the date of the enactment of this Act.\n            (2) Withholding.--The amendments made by subparagraphs (A) \n        and (B) of subsection (b)(3) shall apply to dispositions and \n        distributions after the date of the enactment of this Act.\n\nSEC. 4. ONE-YEAR EXTENSION OF BONUS DEPRECIATION AND 100 PERCENT \n              EXPENSING FOR CERTAIN BUSINESS ASSETS.\n\n    (a) In General.--\n            (1) Bonus depreciation.--Paragraph (2) of section 168(k) of \n        the Internal Revenue Code of 1986 is amended--\n                    (A) by striking ``January 1, 2014'' in subparagraph \n                (A)(iv) and inserting ``January 1, 2015'', and\n                    (B) by striking ``January 1, 2013'' each place it \n                appears and inserting ``January 1, 2014''.\n            (2) 100 percent expensing.--Paragraph (5) of section 168(k) \n        is amended to read as follows:\n            ``(5) Temporary 100 percent bonus depreciation.--Paragraph \n        (1)(A) shall be applied by substituting `100 percent' for `50 \n        percent' in the case of property placed in service by the \n        taxpayer after September 8, 2010, which would be qualified \n        property if--\n                    ``(A) `January 1, 2013' were substituted for \n                `January 1, 2014' each place it appears in paragraph \n                (2),\n                    ``(B) `January 1, 2014' were substituted for \n                `January 1, 2015' in clause (iv) of paragraph (2)(A), \n                and\n                    ``(C) `September 8, 2010' were substituted for \n                `December 31, 2007' each place it appears in paragraph \n                (2).''.\n            (3) Special rules relating to election to accelerate amt \n        credit in lieu of bonus depreciation.--\n                    (A) Subclause (II) of section 168(k)(4)(D)(iii) of \n                such Code is amended by striking ``January 1, 2013'' \n                and inserting ``January 1, 2014''.\n                    (B) Clause (iv) of section 168(k)(4)(I) of such \n                Code is amended--\n                            (i) by inserting after ``Act of 2010'', and\n                            (ii) by striking ``of such Act'' and \n                        inserting ``or section 2(a)(3)(A) of either \n                        such Act, respectively''.\n            (4) Conforming amendments.--\n                    (A) The heading for subsection (k) of section 168 \n                of such Code is amended by striking ``January 1, 2013'' \n                and inserting ``January 1, 2014''.\n                    (B) The heading for clause (ii) of section \n                168(k)(2)(B) of such Code is amended by striking ``pre-\n                january 1, 2013'' and inserting ``pre-january 1, \n                2014''.\n                    (C) Subparagraph (C) of section 168(n)(2) of such \n                Code is amended by striking ``January 1, 2013'' and \n                inserting ``January 1, 2014''.\n                    (D) Subparagraph (D) of section 1400L(b)(2) of such \n                Code is amended by striking ``January 1, 2013'' and \n                inserting ``January 1, 2014''.\n                    (E) Subparagraph (B) of section 1400N(d)(3) of such \n                Code is amended by striking ``January 1, 2013'' and \n                inserting ``January 1, 2014''.\n    (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after December 31, 2011.","title":""}
+{"_id":"c259","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Justice for Victims of State \nSponsored Terrorism Act''.\n\nSEC. 2. TERRORISM EXCEPTION TO IMMUNITY.\n\n    (a) In General.--Chapter 97 of title 28, United States Code, is \namended by inserting after section 1605 the following:\n``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a \n              foreign state\n    ``(a) In General.--\n            ``(1) No immunity.--A foreign state shall not be immune \n        from the jurisdiction of courts of the United States or of the \n        States in any case not otherwise covered by this chapter in \n        which money damages are sought against a foreign state for \n        personal injury or death that was caused by an act of torture, \n        extrajudicial killing, aircraft sabotage, hostage taking, or \n        the provision of material support or resources (as defined in \n        section 2339A of title 18) for such an act if such act or \n        provision of material support is engaged in by an official, \n        employee, or agent of such foreign state while acting within \n        the scope of his or her office, employment, or agency.\n            ``(2) Claim heard.--The court shall hear a claim under this \n        section if--\n                    ``(A) the foreign state was designated as a state \n                sponsor of terrorism under section 6(j) of the Export \n                Administration Act of 1979 (50 U.S.C. App. 2405(j)) or \n                section 620A of the Foreign Assistance Act of 1961 (22 \n                U.S.C. 2371) at the time the act occurred, unless later \n                designated as a result of such act;\n                    ``(B) the claimant or the victim was--\n                            ``(i) a national of the United States (as \n                        that term is defined in section 101(a)(22) of \n                        the Immigration and Nationality Act (8 U.S.C. \n                        1101(a)(22));\n                            ``(ii) a member of the Armed Forces of the \n                        United States (as that term is defined in \n                        section 976 of title 10); or\n                            ``(iii) otherwise an employee of the \n                        government of the United States or one of its \n                        contractors acting within the scope of their \n                        employment when the act upon which the claim is \n                        based occurred; or\n                    ``(C) where the act occurred in the foreign state \n                against which the claim has been brought, the claimant \n                has afforded the foreign state a reasonable opportunity \n                to arbitrate the claim in accordance with the accepted \n                international rules of arbitration.\n    ``(b) Definition.--For purposes of this section--\n            ``(1) the terms `torture' and `extrajudicial killing' have \n        the meaning given those terms in section 3 of the Torture \n        Victim Protection Act of 1991 (28 U.S.C. 1350 note);\n            ``(2) the term `hostage taking' has the meaning given that \n        term in Article 1 of the International Convention Against the \n        Taking of Hostages; and\n            ``(3) the term `aircraft sabotage' has the meaning given \n        that term in Article 1 of the Convention for the Suppression of \n        Unlawful Acts Against the Safety of Civil Aviation.\n    ``(c) Time Limit.--An action may be brought under this section if \nthe action is commenced not later than the latter of--\n            ``(1) 10 years after April 24, 1996; or\n            ``(2) 10 years from the date on which the cause of action \n        arose.\n    ``(d) Private Right of Action.--A private cause of action may be \nbrought against a foreign state designated under section 6(j) of the \nExport Administration Act of 1979 (50 U.S.C. 2405(j)), and any \nofficial, employee, or agent of said foreign state while acting within \nthe scope of his or her office, employment, or agency which shall be \nliable to a national of the United States (as that term is defined in \nsection 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. \n1101(a)(22)), a member of the Armed Forces of the United States (as \nthat term is defined in section 976 of title 10), or an employee of the \ngovernment of the United States or one of its contractors acting within \nthe scope of their employment or the legal representative of such a \nperson for personal injury or death caused by acts of that foreign \nstate or its official, employee, or agent for which the courts of the \nUnited States may maintain jurisdiction under this section for money \ndamages which may include economic damages, solatium, pain, and \nsuffering, and punitive damages if the acts were among those described \nin this section. A foreign state shall be vicariously liable for the \nactions of its officials, employees, or agents.\n    ``(e) Additional Damages.--After an action has been brought under \nsubsection (d), actions may also be brought for reasonably foreseeable \nproperty loss, whether insured or uninsured, third party liability, and \nlife and property insurance policy loss claims.\n    ``(f) Special Masters.--\n            ``(1) In general.--The Courts of the United States may from \n        time to time appoint special masters to hear damage claims \n        brought under this section.\n            ``(2) Transfer of funds.--The Attorney General shall \n        transfer, from funds available for the program under sections \n        1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to \n        the Administrator of the United States District Court in which \n        any case is pending which has been brought pursuant to section \n        1605(a)(7) such funds as may be required to carry out the \n        Orders of that United States District Court appointing Special \n        Masters in any case under this section. Any amount paid in \n        compensation to any such Special Master shall constitute an \n        item of court costs.\n    ``(g) Appeal.--In an action brought under this section, appeals \nfrom orders not conclusively ending the litigation may only be taken \npursuant to section 1292(b) of this title.\n    ``(h) Property Disposition.--\n            ``(1) In general.--In every action filed in a United States \n        district court in which jurisdiction is alleged under this \n        section, the filing of a notice of pending action pursuant to \n        this section, to which is attached a copy of the complaint \n        filed in the action, shall have the effect of establishing a \n        lien of lis pendens upon any real property or tangible personal \n        property located within that judicial district that is titled \n        in the name of any defendant, or titled in the name of any \n        entity controlled by any such defendant if such notice contains \n        a statement listing those controlled entities.\n            ``(2) Notice.--A notice of pending action pursuant to this \n        section shall be filed by the clerk of the district court in \n        the same manner as any pending action and shall be indexed by \n        listing as defendants all named defendants and all entities \n        listed as controlled by any defendant.\n            ``(3) Enforceability.--Liens established by reason of this \n        subsection shall be enforceable as provided in chapter 111 of \n        this title.''.\n    (b) Amendment to Chapter Analysis.--The chapter analysis for \nchapter 97 of title 28, United States Code, is amended by inserting \nafter the item for section 1605 the following:\n\n``1605A. Terrorism exception to the jurisdictional immunity of a \n                            foreign state.''.\n\nSEC. 3. CONFORMING AMENDMENTS.\n\n    (a) Property.--Section 1610 of title 28, United States Code, is \namended by adding at the end the following:\n    ``(g) Property in Certain Actions.--\n            ``(1) In general.--The property of a foreign state, or \n        agency or instrumentality of a foreign state, against which a \n        judgment is entered under this section, including property that \n        is a separate juridical entity, is subject to execution upon \n        that judgment as provided in this section, regardless of--\n                    ``(A) the level of economic control over the \n                property by the government of the foreign state;\n                    ``(B) whether the profits of the property go to \n                that government;\n                    ``(C) the degree to which officials of that \n                government manage the property or otherwise control its \n                daily affairs;\n                    ``(D) whether that government is the sole \n                beneficiary in interest of the property; or\n                    ``(E) whether establishing the property as a \n                separate entity would entitle the foreign state to \n                benefits in United States courts while avoiding its \n                obligations.\n            ``(2) United states sovereign immunity inapplicable.--Any \n        property of a foreign state, or agency or instrumentality of a \n        foreign state, to which paragraph (1) applies shall not be \n        immune from execution upon a judgment entered under this \n        section because the property is regulated by the United States \n        Government by reason of action taken against that foreign state \n        under the Trading With the Enemy Act or the International \n        Emergency Economic Powers Act.''.\n    (b) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of \nCrime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking \n``December 21, 1988, with respect to which an investigation or'' and \ninserting ``October 23, 1983, with respect to which an investigation or \ncivil or criminal''.\n    (c) General Exception.--Section 1605 of title 28, United States \nCode, is amended--\n            (1) in subsection (a)--\n                    (A) in paragraph (5)(B), by inserting ``or'' after \n                the semicolon;\n                    (B) in paragraph (6)(D), by striking ``; or'' and \n                inserting a period; and\n                    (C) by striking paragraph (7); and\n            (2) by striking subsections (e) and (f).\n\nSEC. 4. APPLICATION TO PENDING CASES.\n\n    (a) In General.--The amendments made by this Act shall apply to any \nclaim arising under section 1605A or 1605(g) of title 28, United States \nCode, as added by this Act.\n    (b) Prior Actions.--Any judgment or action brought under section \n1605(a)(7) of title 28, United States Code, or section 101(c) of Public \nLaw 104-208 after the effective date of such provisions relying on \neither of these provisions as creating a cause of action, which has \nbeen adversely affected on the grounds that either or both of these \nprovisions fail to create a cause of action opposable against the \nstate, and which is still before the courts in any form, including \nappeal or motion under Federal Rule of Civil Procedure 60(b), shall, on \nmotion made to the Federal District Court where the judgment or action \nwas initially entered, be given effect as if it had originally been \nfiled pursuant to section 1605A(d) of title 28, United States Code. The \ndefenses of res judicata, collateral estoppel and limitation period are \nwaived in any re-filed action described in this paragraph and based on \nthe such claim. Any such motion or re-filing must be made not later \nthan 60 days after enactment of this Act.","title":""}
+{"_id":"c26","text":"SECTION 1. EXPORT-IMPORT BANK ASSISTANCE FOR EXPORTS TO CHINA \n              CONDITIONED ON ADHERENCE TO CODE OF CONDUCT.\n\n    (a) In General.--Section 2(b) of the Export-Import Bank Act of 1945 \n(12 U.S.C. 635(b)) is amended by adding at the end the following:\n    ``(f) Assistance for Exports to China Conditioned Upon Adherence to \nCode of Conduct.--\n            ``(1) Prohibitions.--\n                    ``(A) Pre-assistance condition.--The Bank shall not \n                guarantee, insure, extend credit, or participate in the \n                extension of credit to an entity with respect to the \n                export of any good or service destined for the People's \n                Republic of China unless the Board of Directors \n                determines that the entity has established and is \n                adhering to the code of conduct set forth in paragraph \n                (2).\n                    ``(B) Penalty for violation.--The Bank shall \n                withdraw any guarantee, insurance, or credit that the \n                Bank has provided, and shall withdraw from any \n                participation in an extension of credit, to an entity \n                with respect to the export of any good or service \n                destined for the People's Republic of China if the \n                Board of Directors determines that the entity is not \n                adhering to the code of conduct set forth in paragraph \n                (2).\n            ``(2) Code of conduct.--An entity shall do all of the \n        following in all of its operations:\n                    ``(A) Provide a safe and healthy workplace.\n                    ``(B) Ensure fair employment, including by--\n                            ``(i) avoiding child and forced labor, and \n                        discrimination based upon race, gender, \n                        national origin, or religious beliefs;\n                            ``(ii) respecting freedom of association \n                        and the right to organize and bargain \n                        collectively;\n                            ``(iii) paying not less than the minimum \n                        wage required by law or the prevailing industry \n                        wage, whichever is higher; and\n                            ``(iv) providing all legally mandated \n                        benefits.\n                    ``(C) Obey all applicable environmental laws.\n                    ``(D) Comply with United States and local laws \n                promoting good business practices, including laws \n                prohibiting illicit payments and ensuring fair \n                competition.\n                    ``(E) Maintain, through leadership at all levels, a \n                corporate culture--\n                            ``(i) which respects free expression \n                        consistent with legitimate business concerns, \n                        and does not condone political coercion in the \n                        workplace;\n                            ``(ii) which encourages good corporate \n                        citizenship and makes a positive contribution \n                        to the communities in which the entity \n                        operates; and\n                            ``(iii) in which ethical conduct is \n                        recognized, valued, and exemplified by all \n                        employees.\n                    ``(F) Require similar behavior by partners, \n                suppliers, and subcontractors under terms of contracts.\n                    ``(G) Implement and monitor compliance with the \n                subparagraphs (A) through (F) through a program that is \n                designed to prevent and detect noncompliance by any \n                employee or supplier of the entity and that includes--\n                            ``(i) standards for ethical conduct of \n                        employees of the entity and of suppliers which \n                        refer to the subparagraphs;\n                            ``(ii) procedures for assignment of \n                        appropriately qualified personnel at the \n                        management level to monitor and enforce \n                        compliance;\n                            ``(iii) procedures for reporting \n                        noncompliance by employees and suppliers;\n                            ``(iv) procedures for selecting qualified \n                        individuals who are not employees of the entity \n                        or of suppliers to monitor compliance, and for \n                        assessing the effectiveness of such compliance \n                        monitoring;\n                            ``(v) procedures for disciplinary action in \n                        response to noncompliance;\n                            ``(vi) procedures designed to ensure that, \n                        in cases in which noncompliance is detected, \n                        reasonable steps are taken to correct the \n                        noncompliance and prevent similar noncompliance \n                        from occurring; and\n                            ``(vii) communication of all standards and \n                        procedures with respect to the code of conduct \n                        to every employee and supplier--\n                                    ``(I) by requiring all management \n                                level employees and suppliers to \n                                participate in a training program; or\n                                    ``(II) by disseminating information \n                                orally and in writing, through posting \n                                of an explanation of the standards and \n                                procedures in prominent places \n                                sufficient to inform all employees and \n                                suppliers, in the local languages \n                                spoken by employees and managers.\n            ``(3) Small business exception.--This subsection shall not \n        apply to an entity that is a small business (within the meaning \n        of the Small Business Act).''.\n    (b) Annual Report.--Section 2(b)(1)(A) of such Act (12 U.S.C. \n635(b)(1)(A)) is amended by adding at the end the following: ``The Bank \nshall include in the annual report a description of the actions the \nBank has taken to comply with subsection (f) during the period covered \nby the report.''.\n    (c) Sense of the Congress.--It is the sense of the Congress that \nthe Export-Import Bank of the United States and the Clearinghouse on \nCorporate Responsibility that is being developed by the Department of \nCommerce should work together to ensure that businesses are made aware \nof, and have access to, resources and organizations that can assist \nbusinesses in developing, implementing, and monitoring global codes of \ncorporate conduct.","title":""}
+{"_id":"c260","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Keeping Salvadoran Families Together \nAct''.\n\nSEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR \n              GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS.\n\n    (a) In General.--Title II of the Immigration and Nationality Act (8 \nU.S.C. 1101 et seq.) is amended by inserting after section 244 the \nfollowing:\n\n``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR \n              GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS.\n\n    ``(a) In General.--The status of any alien described in subsection \n(c) shall be adjusted by the Secretary of Homeland Security to that of \nan alien lawfully admitted for permanent residence, if the alien--\n            ``(1) applies for such adjustment within 3 years after the \n        date of the enactment of this section;\n            ``(2) is determined to be admissible to the United States \n        for permanent residence; and\n            ``(3) meets the criteria established under subsection (c).\n    ``(b) Certain Grounds for Inadmissability Inapplicable.--\n            ``(1) In general.--For purposes of determining \n        admissibility under subsection (a)(2), the grounds for \n        inadmissibility specified in paragraphs (4), (5), (6)(A), and \n        (7)(A) of section 212(a) of the Immigration and Nationality Act \n        shall not apply.\n            ``(2) Additional waiver for individual aliens.--The \n        Secretary may waive any other provision of section 212(a) in \n        the case of an individual alien for humanitarian purposes, to \n        assure family unity, or when it is otherwise in the public \n        interest.\n    ``(c) Aliens Eligible for Adjustment of Status.--An alien shall be \neligible for adjustment of status if the alien--\n            ``(1) is a national of El Salvador who was granted \n        temporary protected status, or was otherwise eligible for \n        temporary protected status, on or before the date of the \n        enactment of this section; and\n            ``(2) has been continuously physically present in the \n        United States for a period of not less than 3 years before the \n        date of the enactment of this section.\n    ``(d) Waiver Authorized.--Notwithstanding any provision of this \nAct, an alien who fails to meet the continuous physical presence \nrequirement under paragraph (2) of subsection (c) shall be considered \neligible for status adjustment as provided in this section if the \nAttorney General or the Secretary determines that the removal of the \nalien from the United States would result in extreme hardship to the \nalien, their spouse, their children, their parents, or their domestic \npartner.\n    ``(e) Effect of Application on Certain Orders.--An alien present in \nthe United States who has been ordered removed or has been granted \nvoluntary departure from the United States may, notwithstanding such \norder, apply for adjustment of status under this section. Such alien \nshall not be required to file a separate motion to reopen, reconsider, \nor vacate the order of removal. If the Secretary approves the \napplication, the Secretary shall cancel the order of removal. If the \nSecretary renders a final administrative decision to deny the \napplication, the order of removal shall be effective and enforceable to \nthe same extent as if the application had not been made.\n    ``(f) Work Authorization.--The Secretary shall authorize an alien \nwho has applied for adjustment of status under this section to engage \nin employment in the United States during the pendency of such \napplication and shall provide the alien with an appropriate document \nsignifying authorization of employment.\n    ``(g) Adjustment of Status for Certain Family Members.--\n            ``(1) In general.--The status of an alien shall be adjusted \n        by the Secretary to that of an alien lawfully admitted for \n        permanent residence if the alien--\n                    ``(A) is the spouse, parent, or unmarried son or \n                daughter of an alien whose status is adjusted under \n                this section;\n                    ``(B) applies for adjustment under this section \n                within 3 years after the date of the enactment of this \n                section; and\n                    ``(C) is determined to be admissible to the United \n                States for permanent residence.\n            ``(2) Certain grounds for inadmissibility inapplicable.--\n        For purposes of determining admissibility under subsection \n        (g)(1)(C), the grounds for inadmissibility specified in \n        paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall \n        not apply.\n    ``(h) Availability of Administrative Review.--The Secretary shall \nprovide to aliens applying for adjustment of status under this section \nthe same right to, and procedures for, administrative review as are \nprovided to--\n            ``(1) applicants for adjustment of status under section \n        245; and\n            ``(2) aliens subject to removal proceedings under section \n        240.\n    ``(i) No Offset in Number of Visas Available.--The granting of \nadjustment of status under this section shall not reduce the number of \nimmigrant visas authorized to be issued under any provision of this \nAct.\n    ``(j) Treatment of Brief, Casual, and Innocent Departures and \nCertain Other Absences.--An alien who has failed to maintain the 3-year \ncontinuous physical presence requirement under subsection (c) because \nof brief, casual, and innocent departures or, emergency travel, or \nextenuating circumstances outside of the control of the alien, shall \nnot be considered to have failed to maintain continuous physical \npresence in the United States.\n    ``(k) Definition.--In this section, the term `domestic partner' \nmeans an adult of at least 18 years of age in a committed relationship \nwith an alien applying for adjustment of status under this section. A \ncommitted relationship is one in which the employee and the domestic \npartner of the employee are each other's sole domestic partner (and are \nnot married to or domestic partners with anyone else) and share \nresponsibility for a significant measure of each other's common welfare \nand financial obligations. This includes any relationship between two \nindividuals of the same or opposite sex that is granted legal \nrecognition by a State or by the District of Columbia as a marriage or \nanalogous relationship (including a civil union).''.\n    (b) Clerical Amendment.--The table of contents of the Immigration \nand Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting \nafter the item relating to section 244 the following:\n\n``Sec. 244A. Adjustment of status for certain nationals of El Salvador \n                            granted or eligible for temporary protected \n                            status.''.\n\nSEC. 3. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS \n              TO CANCELLATION OF REMOVAL.\n\n    Section 244(e) of the Immigration and Nationality Act (8 U.S.C. \n1254a(e)) is amended--\n            (1) by striking ``With respect to an alien'' and inserting \n        the following:\n            ``(1) In general.--With respect to an alien''; and\n            (2) by adding at the end the following:\n            ``(2) Waiver for certain temporary protected status \n        holders.--The provisions in subsection (e) shall not apply to \n        an alien who is eligible for adjustment of status pursuant to \n        section 244A.''.\n\nSEC. 4. ELIGIBILITY FOR NATURALIZATION.\n\n    (a) In General.--Notwithstanding sections 319(b), 328, and 329 of \nthe Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440), \nan alien whose status is adjusted under section 244A of the Immigration \nand Nationality Act, as added by section 2 of this Act, to that of an \nalien lawfully admitted for permanent residence may apply for \nnaturalization under chapter 2 of title III of the Immigration and \nNationality Act (8 U.S.C. 1421 et seq.) not earlier than 5 years after \nsuch adjustment of status.\n    (b) Language Requirement Waiver.--Section 312(b)(2) of the \nImmigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended--\n            (1) in the matter preceding subparagraph (A), by striking \n        ``334, either--'' and inserting ``334--'';\n            (2) in subparagraph (A), by striking ``, or'' at the end \n        and inserting a semicolon;\n            (3) in subparagraph (B), by striking the period at the end \n        and inserting ``; or''; and\n            (4) by adding at the end the following:\n                    ``(C) is an alien who received adjustment of status \n                under section 244A.''.","title":""}
+{"_id":"c261","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Kids 2000 Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) There is an increasing epidemic of juvenile crime \n        throughout the United States.\n            (2) It is well documented that the majority of juvenile \n        crimes take place during after-school hours.\n            (3) Knowledge of technology is becoming increasingly \n        necessary for children in school and out of school.\n            (4) The Boys and Girls Clubs of America have 2,300 clubs \n        throughout all 50 States, serving over 3,000,000 boys and girls \n        primarily from at-risk communities.\n            (5) The Boys and Girls Clubs of America have the physical \n        structures in place for immediate implementation of an after-\n        school technology program.\n            (6) Building technology centers and providing integrated \n        content and full-time staffing at those centers in the Boys and \n        Girls Clubs of America nationwide will help foster education, \n        job training, and an alternative to crime for at-risk youth.\n            (7) Partnerships between the public sector and the private \n        sector are an effective way of providing after-school \n        technology programs in the Boys and Girls Clubs of America.\n            (8) PowerUp: Bridging the Digital Divide is an entity \n        comprised of more than a dozen nonprofit organizations, major \n        corporations, and Federal agencies that have joined together to \n        launch a major new initiative to help ensure that America's \n        underserved young people acquire the skills, experiences, and \n        resources they need to succeed in the digital age.\n            (9) Bringing PowerUp into the Boys and Girls Clubs of \n        America will be an effective way to ensure that our youth have \n        a safe, crime-free environment in which to learn the \n        technological skills they need to close the divide between \n        young people who have access to computer-based information and \n        technology-related skills and those who do not.\n\nSEC. 3. AFTER-SCHOOL TECHNOLOGY GRANTS TO THE BOYS AND GIRLS CLUBS OF \n              AMERICA.\n\n    (a) Purposes.--The Attorney General shall make grants to the Boys \nand Girls Clubs of America for the purpose of funding effective after-\nschool technology programs, such as PowerUp, in order to provide--\n            (1) constructive technology-focussed activities that are \n        part of a comprehensive program to provide access to technology \n        and technology training to youth during after-school hours, \n        weekends, and school vacations;\n            (2) supervised activities in safe environments for youth; \n        and\n            (3) full-time staffing with teachers, tutors, and other \n        qualified personnel.\n    (b) Subawards.--The Boys and Girls Clubs of America shall make \nsubawards to local boys and girls clubs authorizing expenditures \nassociated with providing technology programs such as PowerUp, \nincluding the hiring of teachers and other personnel, procurement of \ngoods and services, including computer equipment, or such other \npurposes as are approved by the Attorney General.\n\nSEC. 4. APPLICATIONS.\n\n    (a) Eligibility.--In order to be eligible to receive a grant under \nthis Act, an applicant for a subaward (specified in section 3(b)) shall \nsubmit an application to the Boys and Girls Clubs of America, in such \nform and containing such information as the Attorney General may \nreasonably require.\n    (b) Application Requirements.--Each application submitted in \naccordance with subsection (a) shall include--\n            (1) a request for a subgrant to be used for the purposes of \n        this Act;\n            (2) a description of the communities to be served by the \n        grant, including the nature of juvenile crime, violence, and \n        drug use in the communities;\n            (3) written assurances that Federal funds received under \n        this Act will be used to supplement and not supplant, non-\n        Federal funds that would otherwise be available for activities \n        funded under this Act;\n            (4) written assurances that all activities funded under \n        this Act will be supervised by qualified adults;\n            (5) a plan for assuring that program activities will take \n        place in a secure environment that is free of crime and drugs;\n            (6) a plan outlining the utilization of content-based \n        programs such as PowerUp, and the provision of trained adult \n        personnel to supervise the after-school technology training; \n        and\n            (7) any additional statistical or financial information \n        that the Boys and Girls Clubs of America may reasonably \n        require.\n\nSEC. 5. GRANT AWARDS.\n\n    In awarding subgrants under this Act, the Boys and Girls Clubs of \nAmerica shall consider--\n            (1) the ability of the applicant to provide the intended \n        services;\n            (2) the history and establishment of the applicant in \n        providing youth activities; and\n            (3) the extent to which services will be provided in crime-\n        prone areas and technologically underserved populations, and \n        efforts to achieve an equitable geographic distribution of the \n        grant awards.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n    (a) In General.--There are authorized to be appropriated \n$20,000,000 for each of the fiscal years 2001 through 2006 to carry out \nthis Act.\n    (b) Source of Funds.--Funds to carry out this Act may be derived \nfrom the Violent Crime Reduction Trust Fund.\n    (c) Continued Availability.--Amounts made available under this \nsection shall remain available until expended.","title":""}
+{"_id":"c262","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Kids First Research Act of 2013''.\n\nSEC. 2. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION \n              CAMPAIGNS.\n\n    (a) Termination of Designation of Income Tax Payments.--Section \n6096 of the Internal Revenue Code of 1986 is amended by adding at the \nend the following new subsection:\n    ``(d) Termination.--This section shall not apply to taxable years \nending on or after the date of the enactment of this subsection.''.\n    (b) Termination of Fund and Account.--\n            (1) Termination of presidential election campaign fund.--\n                    (A) In general.--Chapter 95 of such Code is amended \n                by adding at the end the following new section:\n\n``SEC. 9014. TERMINATION.\n\n    ``The provisions of this chapter shall not apply with respect to \nany presidential election (or any presidential nominating convention) \nafter the date of the enactment of this section, or to any candidate in \nsuch an election.''.\n                    (B) Conversion of fund to 10-year pediatric \n                research initiative fund.--Section 9006 of such Code is \n                amended by adding at the end the following new \n                subsection:\n    ``(d) Conversion to 10-Year Pediatric Research Initiative Fund.--\n            ``(1) Conversion.--Effective on the date of the enactment \n        of the Kids First Research Act of 2013--\n                    ``(A) the special fund established under this \n                section shall be known and designated as the `10-Year \n                Pediatric Research Initiative Fund'; and\n                    ``(B) all amounts in the fund as of such date shall \n                be available only for the purpose provided in section \n                402A(a)(2) of the Public Health Service Act, and only \n                to the extent and in such amounts as are provided in \n                advance in appropriation Acts.\n            ``(2) Termination.--Any amounts in the fund that remain \n        unobligated on October 1, 2024, shall be deposited into the \n        general fund of the Treasury.''.\n            (2) Termination of account.--Chapter 96 of such Code is \n        amended by adding at the end the following new section:\n\n``SEC. 9043. TERMINATION.\n\n    ``The provisions of this chapter shall not apply to any candidate \nwith respect to any presidential election after the date of the \nenactment of this section.''.\n    (c) Clerical Amendments.--\n            (1) The table of sections for chapter 95 of such Code is \n        amended by adding at the end the following new item:\n\n``Sec. 9014. Termination.''.\n            (2) The table of sections for chapter 96 of such Code is \n        amended by adding at the end the following new item:\n\n``Sec. 9043. Termination.''.\n\nSEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE.\n\n    (a) Allocation of NIH Funds in Common Fund for Pediatric \nResearch.--Paragraph (7) of section 402(b) of the Public Health Service \nAct (42 U.S.C. 282(b)) is amended to read as follows:\n            ``(7)(A) shall, through the Division of Program \n        Coordination, Planning, and Strategic Initiatives--\n                    ``(i) identify research that represents important \n                areas of emerging scientific opportunities, rising \n                public health challenges, or knowledge gaps that \n                deserve special emphasis and would benefit from \n                conducting or supporting additional research that \n                involves collaboration between 2 or more national \n                research institutes or national centers, or would \n                otherwise benefit from strategic coordination and \n                planning;\n                    ``(ii) include information on such research in \n                reports under section 403; and\n                    ``(iii) in the case of such research supported with \n                funds referred to in subparagraph (B)--\n                            ``(I) require as appropriate that proposals \n                        include milestones and goals for the research;\n                            ``(II) require that the proposals include \n                        timeframes for funding of the research; and\n                            ``(III) ensure appropriate consideration of \n                        proposals for which the principal investigator \n                        is an individual who has not previously served \n                        as the principal investigator of research \n                        conducted or supported by the National \n                        Institutes of Health;\n            ``(B)(i) may, with respect to funds reserved under section \n        402A(c)(1) for the Common Fund, allocate such funds to the \n        national research institutes and national centers for \n        conducting and supporting research that is identified under \n        subparagraph (A); and\n            ``(ii) shall, with respect to funds appropriated to the \n        Common Fund under section 402A(a)(2), allocate such funds to \n        the national research institutes and national centers for \n        making grants for pediatric research that is identified under \n        subparagraph (A); and\n            ``(C) may assign additional functions to the Division in \n        support of responsibilities identified in subparagraph (A), as \n        determined appropriate by the Director;''.\n    (b) Funding for 10-Year Pediatric Research Initiative.--Section \n402A of the Public Health Service Act (42 U.S.C. 282a) is amended--\n            (1) in subsection (a)--\n                    (A) by redesignating paragraphs (1) through (3) as \n                subparagraphs (A) through (C), respectively, and moving \n                the indentation of each such subparagraph 2 ems to the \n                right;\n                    (B) by striking ``For purposes of carrying out this \n                title'' and inserting the following:\n            ``(1) This title.--For purposes of carrying out this \n        title''; and\n                    (C) by adding at the end the following:\n            ``(2) Funding for 10-year pediatric research initiative \n        through common fund.--For carrying out section \n        402(b)(7)(B)(ii), there is authorized to be appropriated, out \n        of funds in the 10-Year Pediatric Research Initiative Fund \n        established by section 9006 of the Internal Revenue Code of \n        1986, and in addition to amounts otherwise made available under \n        paragraph (1) of this subsection and reserved under subsection \n        (c)(1)(B)(i) of this section, $13,000,000 for each of fiscal \n        years 2014 through 2023.''; and\n            (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by \n        striking ``subsection (a)'' each place it appears and inserting \n        ``subsection (a)(1)''.\n    (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds \nappropriated under section 402A(a)(2) of the Public Health Service Act, \nas added by subsection (b)--\n            (1) shall be used to supplement, not supplant, the funds \n        otherwise allocated by the National Institutes of Health for \n        pediatric research; and\n            (2) notwithstanding any transfer authority in any \n        appropriation Act, shall not be used for any purpose other than \n        making grants as described in section 402(b)(7)(B)(ii) of the \n        Public Health Service Act, as added by subsection (a).\n\nSEC. 4. PROHIBITION AGAINST NIH RESEARCH ON HEALTH ECONOMICS.\n\n    Section 402A of the Public Health Service Act (42 U.S.C. 282a) is \namended by adding at the end the following:\n    ``(f) Health Economics Research.--\n            ``(1) Ongoing research.--Before continuing any health \n        economics research grant, project, or activity that is ongoing \n        as of the date of the enactment of this subsection, the \n        Director of NIH shall submit to the Congress a report that \n        outlines the justification for such ongoing grant, project, or \n        activity, including the reason for giving priority to such \n        ongoing grant, project, or activity over research on pediatric \n        diseases and disorders, such as autism, cancer, and other \n        pediatric genetic disorders without cures.\n            ``(2) New research.--The Director of NIH may not initiate \n        any health economics research grant, project, or activity \n        until--\n                    ``(A) the Director has submitted the report \n                described in paragraph (1); and\n                    ``(B) a Federal law has been enacted authorizing \n                the National Institutes of Health to use funding \n                specifically for health economics research.''.","title":""}
+{"_id":"c263","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Knife Owners' Protection Act of \n2017''.\n\nSEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.\n\n    (a) In General.--Notwithstanding any provision of any law or any \nrule or regulation of the United States, or of a State or any political \nsubdivision of a State, any person who is not otherwise prohibited by \nFederal law from possessing, transporting, shipping, or receiving a \nknife or knives shall be entitled to transport a knife or knives from \nany place where such person may lawfully possess, carry or transport \nsuch a knife or knives to any other place where such person may \nlawfully possess, carry or transport such a knife or knives if--\n            (1) in the case of transportation by motor vehicle, the \n        knife or knives are not directly accessible from the passenger \n        compartment of such transporting vehicle, or, in the case of a \n        motor vehicle without a compartment separate from the passenger \n        compartment, the knife or knives shall be contained in a locked \n        container, glove compartment, or console; or\n            (2) in the case of transportation by other means (including \n        any conveyance over land, on or through water, or through the \n        air), the knife or knives are contained in a locked container.\n    (b) Emergency Knives.--Any knife or tool designed for enabling \nescape in an emergency incorporating a blunt tipped safety blade, a \nguarded blade, or both, for cutting safety belts may be carried in the \npassenger compartment and need not be secured in a locked container, \nglove compartment, or console. This subsection shall not apply to the \ntransport of any such knife or tool in the passenger cabin of aircraft \nwhose passengers are subject to airport screening procedures of the \nTransportation Security Administration.\n    (c) No Arrest or Detention.--A person who is transporting a knife \nor knives in compliance with this section may not be arrested or \notherwise detained for violation of any law or any rule or regulation \nof a State or any political subdivision of a State related to the \npossession, transportation, or carrying of knives, unless there is \nprobable cause to believe that the person is not in compliance with at \nleast one of the requirements of subsection (a).\n    (d) Claim or Defense.--A person may assert this section as a claim \nor defense in any action or proceeding, civil or criminal. When a \nperson asserts this section as a claim or defense in a criminal \nproceeding, the State or political subdivision shall bear the burden of \nproving, beyond a reasonable doubt, that the person was not in \ncompliance with subsection (a).\n    (e) Right of Action.--Any person who, under color of any statute, \nordinance, regulation, custom, or usage, of any State or political \nsubdivision of a State, subjects, or causes to be subjected, any person \nto the deprivation of the rights, privileges, or immunities set forth \nin this section, shall be liable to the person so deprived in an action \nat law, suit in equity, or other proper proceeding for redress. When a \nperson asserts this section as a claim or defense, the court shall \naward the prevailing party (including any party who receives a \nfavorable resolution through a decision by a court, settlement of a \nclaim, withdrawal of criminal charges, or change of a statute or \nregulation), other than a State or any political subdivision of a State \nor its employees or representatives, a reasonable attorneys' fee.\n    (f) Definition.--As used in this section, the term ``transport'' \nincludes staying in temporary lodging overnight, common carrier \nmisrouting or delays, stops for food, fuel, vehicle maintenance, \nemergencies, medical treatment, and all other activity related to the \nperson's overall journey. The term shall not include any transportation \nof a knife or knives with the intent to commit any offense punishable \nby imprisonment for a term exceeding one year involving the use or \nthreatened use of force against another, or with knowledge, or \nreasonable cause to believe, that such an offense is to be committed in \nthe course of, or arising from, such journey. Within any form of \ntemporary lodging, a knife or knives may be accessible.\n    (g) Rule of Construction.--Nothing in this section shall be \nconstrued in any way to limit any right to possess, carry, or transport \na knife or knives under applicable State law.\n\nSEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO SWITCHBLADE KNIVES.\n\n    (a) Repeals.--\n            (1) Chapter 29 of title 15, United States Code, is \n        repealed.\n            (2) Subsections (g) and (i) of section 1716, title 18, \n        United States Code, are repealed.\n    (b) Conforming Amendments.--\n            (1) The table of chapters at the beginning of title 15, \n        United States Code, is amended by striking the item relating to \n        chapter 29, and inserting in lieu thereof, ``[Chapter 29. \n        Repealed]''.\n            (2) Section 1716 of title 18, United States Code, is \n        amended by redesignating--\n                    (A) subsection (h) as subsection (g);\n                    (B) subsection (j) as subsection (h); and\n                    (C) subsection (k) as subsection (i).\n    (c) Effective Date.--The repeals made by subsection (a)--\n            (1) shall take effect on the date of enactment of this Act; \n        and\n            (2) do not apply with respect to any indictment, \n        convictions, sentencing, appeals, civil or criminal fines or \n        penalties obtained, forfeitures obtained, terms of imprisonment \n        or any other enforcement actions or proceedings occurring or \n        commenced, on or before the date of enactment of this Act.","title":""}
+{"_id":"c264","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Lavender Offense Victim Exoneration \nAct of 2017'' or the ``LOVE Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) During the so-called ``Lavender Scare'', at least 1,000 \n        people were wrongfully dismissed from the Department of State \n        for alleged homosexuality during the 1950s and well into the \n        1960s.\n            (2) According to the Department of State's Bureau of \n        Diplomatic Security, Department of State employees were forced \n        out of the Department on the grounds that their sexual \n        orientation ostensibly rendered them vulnerable to blackmail \n        and made them security risks.\n            (3) In addition to those wrongfully dismissed, many other \n        patriotic Americans were prevented from joining the Department \n        due to a screening process that was put in place to prevent the \n        hiring of those who, according to the findings of the Bureau of \n        Diplomatic Security, ``seemed like they might be gay or \n        lesbian''.\n            (4) Congress bears a special measure of responsibility as \n        the Department's actions were in part in response to \n        congressional investigations into ``sex perversion of Federal \n        employees'', reports on the employment of ``moral perverts by \n        Government Agencies'', hearings and pressure placed on the \n        Department through the appropriations process and congressional \n        complaints that Foggy Bottom was ``rampant with homosexuals who \n        were sympathetic to Communism and vulnerable to blackmail''.\n            (5) Between 1950 and 1969, the Department of State was \n        required to report on the number of homosexuals fired each year \n        as part of their annual appeals before Committees on \n        Appropriations.\n            (6) Although the worst effects of the ``Lavender Scare'' \n        are behind us, as recently as the early 1990s, the Department \n        of State's security office was investigating State personnel \n        thought to be gay and driving them out of government service as \n        ``security risks''.\n            (7) In 1994, Secretary of State Warren Christopher issued a \n        prohibition against discrimination in the Department of State, \n        including that based on sexual orientation.\n            (8) In 1998, President William Jefferson Clinton signed \n        Executive Order 13087 barring discrimination on the basis of \n        sexual orientation.\n            (9) On January 9, 2017, Secretary of State John Kerry \n        issued a statement regarding the ``Lavender Scare'', saying, \n        ``On behalf of the Department, I apologize to those who were \n        impacted by the practices of the past and reaffirm the \n        Department's steadfast commitment to diversity and inclusion \n        for all our employees, including members of the LGBTI \n        community.''.\n\nSEC. 3. DIRECTOR GENERAL REVIEW.\n\n    (a) Review.--The Director General of the Foreign Service and \nDirector of Human Resources of the Department of State, in consultation \nwith the Historian of the Department of State, shall review all \nemployee terminations that occurred after January 1, 1950, to determine \nwho was wrongfully terminated owing to their sexual orientation, \nwhether real or perceived.\n    (b) Report.--Not later than 270 days after the date of the \nenactment of this Act, the Director General shall, consistent with \napplicable privacy regulations, compile the information compiled under \nsubsection (a) in a publicly available report. The report shall include \nhistorical statements made by officials of the Department of State and \nCongress encouraging and implementing policies and tactics that led to \nthe termination of employees due to their sexual orientation.\n\nSEC. 4. REPORTS ON REVIEWS.\n\n    (a) Reviews.--The Secretary of State shall conduct reviews of the \nconsistency and uniformity of the reviews conducted by the Director \nGeneral under section 3.\n    (b) Reports.--Not later than 270 days after the date of the \nenactment of this Act, and annually thereafter for 2 years, the \nSecretary shall submit to Congress a report on the reviews conducted \nunder section 3. Each report shall include any comments or \nrecommendations for continued actions.\n\nSEC. 5. ESTABLISHMENT OF RECONCILIATION BOARD.\n\n    (a) Establishment.--The Secretary of State shall establish, within \nthe Office of Civil Rights of the Department of State, an independent \nReconciliation Board to review the reports released by the Director \nGeneral of the Foreign Service and Director of Human Services under \nsection 3(b).\n    (b) Duties.--The Reconciliation Board shall--\n            (1) consistent with applicable privacy regulations, contact \n        all employees found to be fired due to the ``Lavender Scare'' \n        or, in the case of deceased former employees, the family \n        members of the employees, to inform them that their termination \n        from the Department of State has been deemed inappropriate and \n        that, if they wish, their employment record can be changed to \n        reflect these findings;\n            (2) designate a point of contact at a senior level position \n        within the Office of the Director General of the Foreign \n        Service and Director of Human Resources to receive oral \n        testimony of any employees or family members of deceased \n        employees mentioned in the report who personally experienced \n        discrimination and termination because of the actual or \n        perceived sexual orientation in order that such testimony may \n        serve as an official record of these discriminatory policies \n        and their impact on United States lives; and\n            (3) provide an opportunity for any former employee not \n        mentioned in the report to bring forth a grievance to the Board \n        if they believe they were terminated due to their sexual \n        orientation.\n    (c) Review of Claims.--\n            (1) In general.--The Board shall review each claim \n        described in subsection (b) within 150 days of receiving the \n        claim. Lack of paperwork may not be used as a basis for \n        dismissing any claims.\n            (2) Cooperation.--The Department of State shall be \n        responsible for producing pertinent information regarding each \n        claim to prove the employee was not wrongfully terminated.\n    (d) Termination.--The Board shall terminate 5 years after the date \nof the enactment of this Act.\n\nSEC. 6. ISSUANCE OF APOLOGY.\n\n    (a) Finding.--Secretary of State Kerry delivered the following \napology on January 9, 2017:\n    ``Throughout my career, including as Secretary of State, I have \nstood strongly in support of the LGBTI community, recognizing that \nrespect for human rights must include respect for all individuals. \nLGBTI employees serve as proud members of the State Department and \nvalued colleagues dedicated to the service of our country. For the last \nseveral years, the Department has pressed for the families of LGBTI \nofficers to have the same protections overseas as families of other \nofficers. In 2015, to further promote LGBTI rights throughout the \nworld, I appointed the first ever Special Envoy for the Human Rights of \nLGBTI Persons.\n    ``In the past--as far back as the 1940s, but continuing for \ndecades--the Department of State was among many public and private \nemployers that discriminated against employees and job applicants on \nthe basis of perceived sexual orientation, forcing some employees to \nresign or refusing to hire certain applicants in the first place. These \nactions were wrong then, just as they would be wrong today.\n    ``On behalf of the Department, I apologize to those who were \nimpacted by the practices of the past and reaffirm the Department's \nsteadfast commitment to diversity and inclusion for all our employees, \nincluding members of the LGBTI community.''\n    (b) Congressional Apology.--Congress hereby offers a formal apology \nfor its responsibility in encouraging the ``Lavender Scare'' and \nsimilar policies at the Department of State, as these policies were in \npart a response to congressional investigations into ``sex perversion \nof Federal employees'', reports on the employment of ``moral perverts \nby Government Agencies'', and hearings or pressure otherwise placed on \nthe Department of State through the appropriations process.\n\nSEC. 7. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE.\n\n    (a) In General.--The Secretary of State shall work with the current \npublic-private partnership associated with the Department of State's \nnew United States Diplomacy Center to establish a permanent exhibit on \nthe ``Lavender Scare'' in the museum to assure that the history of this \nunfortunate episode is not brushed aside.\n    (b) Specifications.--The exhibit--\n            (1) shall be installed at the museum not later than one \n        year after the date of enactment of this Act;\n            (2) should provide access to the reports compiled by the \n        Director General of the Foreign Service and Director of Human \n        Resources under section 3(b); and\n            (3) shall readily display material gathered from oral \n        testimony received pursuant to section 5(b)(2) from employees \n        or family members of deceased employees who were subject to \n        these discriminatory policies during the ``Lavender Scare''.\n\nSEC. 8. GUIDANCE ON ISSUING VISAS.\n\n    To demonstrate the Department of State's commitment to ensuring \nfairness for current employees, not later than 100 days after the date \nof the enactment of this Act, the Secretary of State shall submit to \nCongress a report on countries not issuing visas to the spouses of all \nForeign Service personnel posted overseas due to their sexual \norientation. This report shall include any comments or recommendations \nfor actions, including eliminating visa reciprocity with countries \nfound to be instituting these practices against the spouses of Foreign \nService personnel, that will lead to ensuring that all spouses of \nForeign Service personnel receive visas for the country their spouse is \nassigned, regardless of sexual orientation.\n\nSEC. 9. ESTABLISHMENT OF ADVANCEMENT BOARD.\n\n    (a) Establishment.--The Secretary of State shall establish, within \nthe Office of the Director General of the Department of State, a board \ncomprised of senior-level officials to address the issues faced by \nLGBTQI Foreign Service employees and their families.\n    (b) Hearing of Testimony.--The Advancement Board shall hear \ntestimony from any willing LGBTQI Foreign Service employees and their \nfamilies regarding any discrimination they have faced due to their \nsexual orientation.\n    (c) Report.--\n            (1) In general.--Not later than 100 days after completing \n        collection of testimony described under subsection (b), and \n        annually thereafter for 5 years, the Advancement Board shall \n        submit to Congress a report based on the testimony.\n            (2) Content.--The report required under paragraph (1) shall \n        include any comments or recommendations for continued actions \n        to improve the Department of State to ensure that no employee \n        or their family members experience discrimination due to their \n        sexual orientation.\n            (3) Privacy.--The report required under paragraph (1) shall \n        remain private and will only be accessible to Members of \n        Congress, their appropriate staff, and members of the \n        Advancement Board.","title":""}
+{"_id":"c265","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Liquefied Natural Gas Safety and \nSecurity Act of 2005''.\n\nSEC. 2. SITING OF LIQUEFIED NATURAL GAS IMPORT FACILITIES.\n\n    Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by \nadding at the end the following:\n    ``(d)(1) Before issuing an order authorizing an applicant to site, \nconstruct, expand, or operate a liquefied natural gas import facility, \nthe Commission shall require the applicant, in cooperation with the \nCommandant of the Coast Guard and State and local agencies that provide \nfor the safety and security of the liquefied natural gas import \nfacility and any vessels that serve the facility, to develop a cost-\nsharing plan.\n    ``(2) A cost-sharing plan developed under paragraph (1) shall \ninclude a description of any direct cost reimbursements that the \napplicant agrees to provide to any State and local agencies with \nresponsibility for security and safety--\n            ``(A) at the liquefied natural gas import facility; and\n            ``(B) in proximity to vessels that serve the facility.\n    ``(e)(1) In this subsection, the term `region' means a census \nregion designated by the Bureau of the Census as of the date of \nenactment of this subsection.\n    ``(2) Not later than 90 days after the date of enactment of this \nsubsection and annually thereafter, the Commission shall--\n            ``(A) review all applications for the siting, construction, \n        expansion, or operation of a liquefied natural gas import \n        facility in a region that are pending with the Commission;\n            ``(B) consult with States in the region to identify remote \n        sites for the development of potential liquefied natural gas \n        import facilities in the region; and\n            ``(C) in collaboration with the Commandant of the Coast \n        Guard, review--\n                    ``(i) any offshore liquefied natural gas projects \n                proposed for a region; and\n                    ``(ii) other potential offshore sites for the \n                development of liquefied natural gas.\n    ``(3) Based on the reviews and consultations under paragraph (1), \nthe Commission shall determine--\n            ``(A) whether liquefied natural gas import facilities are \n        needed in a region; and\n            ``(B) if the Commission determines under subparagraph (A) \n        that liquefied natural gas import facilities are needed for a \n        region, the number of liquefied natural gas import facilities \n        that are needed for the region.\n    ``(4) The Commission shall cooperate with the Commandant of the \nCoast Guard and States to ensure that--\n            ``(A) the Commission approves only the number of liquefied \n        natural gas import facilities that are needed for a region, as \n        determined under paragraph (3)(B); and\n            ``(B) any liquefied natural gas import facilities approved \n        under subparagraph (A) are sited in locations that provide \n        maximum safety and security to the public.\n    ``(f)(1) Notwithstanding any other provision of law, the Commission \nshall not issue a final environmental impact statement or similar \nanalysis required under the National Environmental Policy Act of 1969 \n(42 U.S.C. 4321 et seq.) with respect to a proposed liquefied natural \ngas facility before the date on which--\n            ``(A) the applicant completes--\n                    ``(i) a security assessment for the proposed \n                facility; and\n                    ``(ii) a security plan for the proposed facility; \n                and\n            ``(B) the Commandant of the Coast Guard completes an \n        incident action plan that identifies the resources needed to \n        support appropriate air, land, and sea security measures during \n        the transit and offload of a liquefied natural gas vessel.\n    ``(2) The Commission shall incorporate into the final environmental \nimpact statement or similar analysis the non-security sensitive \ncomponents of the incident action plan and all other safety and \nsecurity resource requirements identified by the Commandant of the \nCoast Guard for a proposed liquefied natural gas import facility.\n    ``(g)(1) For purposes of reviewing and approving or disapproving an \napplication to site, construct, or operate a liquefied natural gas \nimport facility, the Commission shall--\n            ``(A) consult with the State in which the facility is \n        proposed to be located; and\n            ``(B) comply with all applicable Federal laws, including--\n                    ``(i) the National Historic Preservation Act (16 \n                U.S.C. 470 et seq.);\n                    ``(ii) the Coastal Zone Management Act of 1972 (16 \n                U.S.C. 1451 et seq.);\n                    ``(iii) sections 401 and 402(b) of the Federal \n                Water Pollution Control Act (33 U.S.C. 1341, 1342(b)); \n                and\n                    ``(iv) sections 107, 111(c), and 116 of the Clean \n                Air Act (42 U.S.C. 7401, 7411(c), 7416).\n    ``(2) Nothing in this section precludes or denies the right of any \nState to review an application to site, construct, or operate a \nliquefied natural gas import facility under--\n            ``(A) the National Historic Preservation Act (16 U.S.C. 470 \n        et seq.);\n            ``(B) the Coastal Zone Management Act of 1972 (16 U.S.C. \n        1451 et seq.);\n            ``(C) sections 401 and 402(b) of the Federal Water \n        Pollution Control Act (33 U.S.C. 1341, 1342(b)); and\n            ``(D) sections 107, 111(c), and 116 of the Clean Air Act \n        (42 U.S.C. 7401, 7411(c), 7416).\n    ``(3) Notwithstanding any other provision of law, the Commission \nshall have no authority to preempt a State permitting determination \nwith respect to a liquefied natural gas import facility that is made \nunder Federal or State law.''.\n\nSEC. 3. STANDARDS FOR LIQUEFIED NATURAL GAS PIPELINE FACILITIES.\n\n    Section 60103 of title 49, United States Code, is amended--\n            (1) by redesignating subsections (e), (f), and (g) as \n        subsections (f), (g), and (h), respectively; and\n            (2) by inserting after subsection (d) the following:\n    ``(e) Remote Siting Standards.--Not later than 180 days after the \ndate of enactment of this Act, the Secretary shall promulgate \nregulations establishing standards to promote the remote siting of \nliquefied natural gas pipeline facilities.''.\n\nSEC. 4. THERMAL AND VAPOR DISPERSION EXCLUSION ZONES.\n\n    As soon as practicable after the date of enactment of this Act, the \nCommandant of the Coast Guard shall issue regulations establishing \nthermal and vapor dispersion exclusion zone requirements for vessels \ntransporting liquefied natural gas that are based on sections 193.2057 \nand 193.2059 of title 49, Code of Federal Regulations (or any successor \nregulations).","title":""}
+{"_id":"c266","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Loan Interest Forgiveness for \nEducation Act''.\n\nSEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS.\n\n    (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 221 as \nsection 222 and by inserting after section 220 the following:\n\n``SEC. 221. INTEREST ON EDUCATION LOANS.\n\n    ``(a) Allowance of Deduction.--In the case of an individual, there \nshall be allowed as a deduction for the taxable year an amount equal to \nthe interest paid by the taxpayer during the taxable year on any \nqualified education loan.\n    ``(b) Limitation Based on Modified Adjusted Gross Income.--\n            ``(1) In general.--If the modified adjusted gross income of \n        the taxpayer for the taxable year exceeds $65,000 ($85,000 in \n        the case of a joint return), the amount which would (but for \n        this paragraph) be allowable as a deduction under this section \n        shall be reduced (but not below zero) by the amount which bears \n        the same ratio to the amount which would be so allowable as \n        such excess bears to $20,000.\n            ``(2) Modified adjusted gross income.--For purposes of \n        paragraph (1), the term `modified adjusted gross income' means \n        adjusted gross income determined--\n                    ``(A) without regard to this section and sections \n                135, 911, 931, and 933, and\n                    ``(B) after application of sections 86, 219, and \n                469.\n        For purposes of sections 86, 135, 219, and 469, adjusted gross \n        income shall be determined without regard to the deduction \n        allowed under this section.\n            ``(3) Inflation adjustment.--In the case of any taxable \n        year beginning after 1997, the $65,000 and $85,000 amounts \n        referred to in paragraph (1) shall be increased by an amount \n        equal to--\n                    ``(A) such dollar amount, multiplied by\n                    ``(B) the cost-of-living adjustment determined \n                under section (1)(f)(3) for the calendar year in which \n                the taxable year begins, by substituting `1996' for \n                `1992'.\n            ``(4) Rounding.--If any amount as adjusted under paragraph \n        (3) is not a multiple of $50, such amount shall be rounded to \n        the nearest multiple of $50.\n    ``(c) Dependents Not Eligible for Deduction.--No deduction shall be \nallowed by this section to an individual for the taxable year if a \ndeduction under section 151 with respect to such individual is allowed \nto another taxpayer for the taxable year beginning in the calendar year \nin which such individual's taxable year begins.\n    ``(d) Definitions.--For purposes of this section--\n            ``(1) Qualified education loan.--The term `qualified \n        education loan' means any indebtedness incurred to pay \n        qualified higher education expenses--\n                    ``(A) which are incurred on behalf of the taxpayer, \n                the taxpayer's spouse, or any dependent of the taxpayer \n                as of the time the indebtedness was incurred,\n                    ``(B) which are paid or incurred within a \n                reasonable period of time before or after the \n                indebtedness is incurred, and\n                    ``(C) which are attributable to education furnished \n                during a period during which the recipient was at least \n                a half-time student.\n        Such term includes indebtedness used to refinance indebtedness \n        which qualifies as a qualified education loan. The term \n        `qualified education loan' shall not include any indebtedness \n        owed to a person who is related (within the meaning of section \n        267(b) or 707(b)(1)) to the taxpayer.\n            ``(2) Qualified higher education expenses.--The term \n        `qualified higher education expenses' means the cost of \n        attendance (as defined in section 472 of the Higher Education \n        Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before \n        the date of the enactment of this Act) of the taxpayer or the \n        taxpayer's spouse at an eligible educational institution, \n        reduced by the sum of--\n                    ``(A) the amount excluded from gross income under \n                section 135 by reason of such expenses, and\n                    ``(B) the amount of the reduction described in \n                section 135(d)(1).\n        For purposes of the preceding sentence, the term `eligible \n        educational institution' has the same meaning given such term \n        by section 135(c)(3), except that such term shall also include \n        an institution conducting an internship or residency program \n        leading to a degree or certificate awarded by an institution of \n        higher education, a hospital, or a health care facility which \n        offers postgraduate training.\n            ``(3) Half-time student.--The term `half-time student' \n        means any individual who would be a student as defined in \n        section 151(c)(4) if `half-time' were substituted for `full-\n        time' each place it appears in such section.\n            ``(4) Dependent.--The term `dependent' has the meaning \n        given such term by section 152.\n    ``(e) Special Rules.--\n            ``(1) Denial of double benefit.--No deduction shall be \n        allowed under this section for any amount for which a deduction \n        is allowable under any other provision of this chapter.\n            ``(2) Married couples must file joint return.--If the \n        taxpayer is married at the close of the taxable year, the \n        deduction shall be allowed under subsection (a) only if the \n        taxpayer and the taxpayer's spouse file a joint return for the \n        taxable year.\n            ``(3) Marital status.--Marital status shall be determined \n        in accordance with section 7703.''.\n    (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other \nDeductions.--Section 62(a) of the Internal Revenue Code of 1986 \n(defining adjusted gross income) is amended by inserting after \nparagraph (16) the following:\n            ``(17) Interest on education loans.--The deduction allowed \n        by section 221.''.\n    (c) Reporting Requirement.--\n            (1) In general.--Subpart B of part III of subchapter A of \n        chapter 61 of the Internal Revenue Code of 1986 (relating to \n        information concerning transactions with other persons) is \n        amended by inserting after section 6050R the following:\n\n``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN \n              TRADE OR BUSINESS FROM INDIVIDUALS.\n\n    ``(a) Education Loan Interest of $600 or More.--Any person--\n            ``(1) who is engaged in a trade or business, and\n            ``(2) who, in the course of such trade or business, \n        receives from any individual interest aggregating $600 or more \n        for any calendar year on 1 or more qualified education loans,\nshall make the return described in subsection (b) with respect to each \nindividual from whom such interest was received at such time as the \nSecretary may by regulations prescribe.\n    ``(b) Form and Manner of Returns.--A return is described in this \nsubsection if such return--\n            ``(1) is in such form as the Secretary may prescribe,\n            ``(2) contains--\n                    ``(A) the name, address, and TIN of the individual \n                from whom the interest described in subsection (a)(2) \n                was received,\n                    ``(B) the amount of such interest received for the \n                calendar year, and\n                    ``(C) such other information as the Secretary may \n                prescribe.\n    ``(c) Application to Governmental Units.--For purposes of \nsubsection (a)--\n            ``(1) Treated as persons.--The term `person' includes any \n        governmental unit (and any agency or instrumentality thereof).\n            ``(2) Special rules.--In the case of a governmental unit or \n        any agency or instrumentality thereof--\n                    ``(A) subsection (a) shall be applied without \n                regard to the trade or business requirement contained \n                therein, and\n                    ``(B) any return required under subsection (a) \n                shall be made by the officer or employee appropriately \n                designated for the purpose of making such return.\n    ``(d) Statements To Be Furnished to Individuals With Respect To \nWhom Information Is Required.--Every person required to make a return \nunder subsection (a) shall furnish to each individual whose name is \nrequired to be set forth in such return a written statement showing--\n            ``(1) the name and address of the person required to make \n        such return, and\n            ``(2) the aggregate amount of interest described in \n        subsection (a)(2) received by the person required to make such \n        return from the individual to whom the statement is required to \n        be furnished.\nThe written statement required under the preceding sentence shall be \nfurnished on or before January 31 of the year following the calendar \nyear for which the return under subsection (a) was required to be made.\n    ``(e) Qualified Education Loan Defined.--For purposes of this \nsection, except as provided in regulations prescribed by the Secretary, \nthe term `qualified education loan' has the meaning given such term by \nsection 221(d)(1).\n    ``(f) Returns Which Would Be Required To Be Made by 2 or More \nPersons.--Except to the extent provided in regulations prescribed by \nthe Secretary, in the case of interest received by any person on behalf \nof another person, only the person first receiving such interest shall \nbe required to make the return under subsection (a).''.\n            (2) Assessable penalties.--Section 6724(d) of such Code \n        (relating to definitions) is amended--\n                    (A) in paragraph (1)(B), by redesignating clauses \n                (x) through (xv) as clauses (xi) through (xvi), \n                respectively, and by inserting after clause (ix) the \n                following new clause:\n                            ``(x) section 6050S (relating to returns \n                        relating to education loan interest received in \n                        trade or business from individuals),'', and\n                    (B) in paragraph (2), by striking ``or'' at the end \n                of the next to last subparagraph, by striking the \n                period at the end of the last subparagraph and \n                inserting ``, or'', and by adding at the end the \n                following new subparagraph:\n                    ``(Z) section 6050S(d) (relating to returns \n                relating to education loan interest received in trade \n                or business from individuals).''.\n    (d) Conforming Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of the Internal Revenue Code of 1986 is \namended by striking the last item and inserting the following:\n\n                              ``Sec. 221. Interest on education loans.\n                              ``Sec. 222. Cross reference.''.\n\n    (e) Effective Date.--The amendments made by this section shall \napply to any qualified education loan (as defined in section 221(d)(1) \nof the Internal Revenue Code of 1986, as added by this section) \nincurred on, before, or after the date of the enactment of this Act, \nbut only with respect to any loan interest payment due after December \n31, 1996.","title":""}
+{"_id":"c267","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Local Zoning Preservation Act of \n1999''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n    (a) Findings.--Congress makes the following findings:\n            (1) In the Telecommunications Act of 1996, Congress \n        preserved local zoning authority over decisions regarding the \n        placement, construction and modification of personal wireless \n        service facilities, except that (A) the zoning application must \n        be acted upon within a reasonable amount of time; (B) the \n        decision must be in writing and be supported by substantial \n        evidence; (C) the decision must not be based on concerns about \n        the environmental effects of radio frequency emissions from \n        facilities; and (D) the State or locality must not discriminate \n        among personal wireless service providers.\n            (2) State and municipal zoning decisions traditionally have \n        been afforded virtually complete deference by Federal courts. \n        Issues of land use are distinctly local and therefore fall on \n        the State-side of the federalism divide.\n            (3) When Congress passed the Telecommunications Act of \n        1996, it anticipated the need for and proliferation of personal \n        wireless service facilities. Congress, however, included the \n        provisions on the preservation of local zoning authority \n        because it also realized the need to protect State and local \n        authority to regulate the placement, construction, and \n        modification of these facilities, with few limitations.\n            (4) The limitations in the Act have forced States and \n        localities into needless litigation regarding denials of \n        facility applications. In some cases, the courts have \n        misinterpreted the intent of the limitations in the Act on \n        State and local authority, forcing many States and localities \n        to approve applications for construction of unsightly mammoth \n        personal wireless service towers in their community.\n            (5) Many residents of States and local towns have expressed \n        concerns about the impact of personal wireless facilities and \n        towers on property values, aesthetics, and the character of \n        local communities.\n            (6) Many localities have refused to approve personal \n        wireless service facility applications in response to citizen \n        concerns about the facility and tower impacts on property \n        values, aesthetics, and character of the community.\n            (7) A specific limitation included in the section \n        332(c)(7)(B)(iii) of the Communications Act of 1934, as amended \n        by the Telecommunications Act of 1996, provides that any \n        decision by a state or local government to deny a request to \n        place, construct, or modify personal wireless service \n        facilities shall be in writing and supported by ``substantial \n        evidence'' contained in the written record. The conference \nreport for the Telecommunications Act of 1996 defined ``substantial \nevidence contained in the written record'' as the traditional standard \nused for judicial review of agency actions--more than a scintilla of \nevidence but less than a preponderance.\n            (8) Denials of these personal wireless service facility \n        applications have led to litigation in Federal courts, \n        sometimes resulting in federal judges overturning local zoning \n        board decisions.\n            (9) The Federal courts are split on what constitutes \n        ``substantial evidence'' to uphold a local zoning board's \n        decision to deny a permit for construction, placement, or \n        modification of personal wireless service facility.\n            (10) Some Federal courts have refused to acknowledge \n        citizen concerns about aesthetics or a decline in property \n        value as legitimate reasons for denying a personal wireless \n        service facility application, holding that such concerns do not \n        constitute ``substantial evidence''. See, e.g., APT \n        Minneapolis, Inc. v. City of Maplewood, 1998 WL 634224, at *5 \n        (D. Minn. Aug. 12, 1998) (concluding that ``[c]ourts construing \n        the TCA have universally held that general aesthetic \n        considerations fail to meet the substantial evidence test''); \n        Omnipoint Communications Enterprises, Inc. v. Town of Amherst, \n        N.H., Civil No. 97-614-JD (D. N.H. Aug. 21, 1998) (stating that \n        ``[a]lthough aesthetic considerations may be properly taken \n        into account by local governments in some circumstances, they \n        cannot be used to exclude PWS towers entirely'').\n            (11) Other Federal courts, however, have held that local \n        residents' concerns about the personal wireless service \n        facility's impact on aesthetics of the community constitute \n        ``substantial evidence''. See, e.g., Cellular Telephone Co., v. \n        Town of Oyster Bay, 1999 WL 35195, at *7 (2d Cir. Jan. 29, \n        1999) (concluding that ``aesthetics qualify as a permissible \n        ground for denial of a permit only if we can conclude that \n        there was `more than a scintilla' of evidence . . . before the \n        [Zoning] Board on the negative visual impact of the cell \n        cites''); AT&T Wireless PCS, Inc. v. City Council of the City \n        of Virginia Beach, 155 F.3d 423, 427-28 (4th Cir. 1998) \n        (concluding that testimony from citizens ``demonstrating \n        concerns about the aesthetics of the towers and their \n        incompatibility with the residential character'' of the \n        community ``is more than enough to demonstrate the real, and \n        surely reasonable, concerns animating the democratically \n        elected'' city council's decision).\n            (12) To provide the courts better guidance the \n        Telecommunications Act of 1996 must be amended to clarify that \n        the substantial evidence test may be satisfied by testimony of \n        local residents expressing concerns about the impact of \n        personal wireless service facilities on aesthetics, property \n        values, and the character of residential neighborhoods. Such a \n        legislative change would not discriminate against personal \n        wireless service providers or impede their attempts to provide \n        personal wireless services, but instead would encourage \n        providers and States and localities to work together to design \n        towers, facilities, or other feasible alternatives that do not \n        intrude or diminish the aesthetics of residential communities, \n        thus avoiding costly and protracted litigation.\n\nSEC. 3. AMENDMENTS.\n\n    (a) Substantial Evidence.--Section 332(c)(7)(B)(iii) of the \nCommunications Act of 1934 (47 U.S.C. 332(c)(7)(B)(iii)) is amended by \nadding at the end the following: ``For purposes of this clause, the \nterm `substantial evidence' includes testimony by local residents \nexpressing their concerns about the impact of personal wireless service \nfacilities on the aesthetics, property values, and the character of the \ncommunity.''.\n    (b) Burden of Proof.--Section 332(c)(7)(B)(v) of such Act is \namended by inserting after the second sentence the following: ``In any \nsuch action in which a person seeking to place, construct, or modify a \ntower facility is a party, such person shall bear the burden of \nproof.''.","title":""}
+{"_id":"c268","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Lorton Correctional Complex Closure \nAct''.\n\nSEC. 2. CLOSURE OF THE LORTON CORRECTIONAL COMPLEX.\n\n    (a) In General.--Notwithstanding any other provision of law, not \nlater than 6 years after the date of the enactment of this Act, all \nreal property and improvements thereon comprising the Lorton \nCorrectional Complex as of the date of the enactment of this Act (other \nthan any such property retained by the District of Columbia under the \nImplementation Plan described in section 4) shall be transferred to the \nAdministrator of General Services for disposal in accordance with the \nImplementation Plan described in section 4.\n    (b) Prohibiting Placement of Future District of Columbia Prison \nFacilities in Virginia.--No prison, penitentiary, jail, correctional \ninstitution, or related facility of the District of Columbia may be \nestablished in the Commonwealth of Virginia after the date of the \nenactment of this Act without the approval of the Governor of Virginia.\n\nSEC. 3. INCARCERATION OF DISTRICT OF COLUMBIA FELONS.\n\n    (a) Transfer to Federal Custody.--\n            (1) In general.--Notwithstanding any other provision of \n        law, any District of Columbia felon who is committed to the \n        custody of the Attorney General for a term of imprisonment on \n        or after the date of the enactment of this Act shall be \n        incarcerated in a facility designated by the Director of the \n        Bureau of Prisons, in accordance with such rules as the \n        Attorney General may establish to assure that the treatment of \n        District of Columbia felons is similar to the treatment of \n        other individuals under the control of the Director of the \n        Bureau of Prisons.\n            (2) Transition rule.--In the case of an individual \n        convicted of a felony in the Superior Court of the District of \n        Columbia who is under the custody and control of the Director \n        of the District of Columbia Department of Corrections as of the \n        date of the enactment of this Act, the individual shall be \n        transferred to the control of the Director of the Bureau of \n        Prisons not later than 5 years after the date of the enactment \n        of this Act.\n            (3) Conforming amendment.--Section 4042 of title 18, United \n        States Code, is amended--\n                    (A) by striking ``and'' at the end of paragraph \n                (4);\n                    (B) by striking the period at the end of paragraph \n                (5) and inserting ``; and''; and\n                    (C) by adding at the end the following new \n                paragraph:\n            ``(6) provide suitable quarters and provide for the \n        safekeeping, care and subsistence and for the protection, \n        instruction and discipline of all District of Columbia felons \n        (as defined in section 3(b) of the Lorton Correctional Complex \n        Closure Act) who are sentenced to death or committed to the \n        custody of the Attorney General for a term of imprisonment.''.\n    (b) District of Columbia Felon Defined.--The term ``District of \nColumbia felon'' means an individual convicted in the Superior Court of \nthe District of Columbia of an offense punishable by death or \nimprisonment for a term exceeding one year (without regard to the \nsentence actually imposed), but does not include any individual \nconvicted in the Superior Court of the District of Columbia of a \nmisdemeanor offense, as a juvenile offender, or any person detained \npending trial in the Superior Court of the District of Columbia.\n\nSEC. 4. IMPLEMENTATION PLAN.\n\n    (a) Description of Plan.--In accordance with the process described \nin subsection (b), not later than 18 months after the date of the \nenactment of this Act, the Administrator of General Services shall \nsubmit to Congress an Implementation Plan for the closure of the Lorton \nCorrectional Complex which shall identify actions with respect to each \nof the following:\n            (1) The future use of the land on which the Complex is \n        located, including (if appropriate) plans for a regional park \n        at the site.\n            (2) The need to address the impact of such future uses on \n        local and regional transportation resources.\n            (3) If appropriate, the transfer of real property and \n        improvements thereon to Federal agencies (including the Bureau \n        of Prisons) for Federal use, the Government of the District of \n        Columbia, or any other governmental entity.\n            (4) If appropriate, the disposal of real property or \n        improvements thereon.\n            (5) Changes in law or regulation necessary to effect the \n        purposes of this Act and the closure of the Lorton Correctional \n        Complex.\n            (6) Such other actions as considered appropriate by the \n        Administrator to effectively implement this Act.\n    (b) Process for Submission of Final Implementation Plan.--\n            (1) Development and submission of initial proposal by \n        commission.--Not later than 13 months after the date of the \n        enactment of the Act, the Commission shall develop and submit \n        to the Administrator a proposal for the Implementation Plan.\n            (2) Review of commission proposal.--Not later than 4 months \n        after receiving the proposal for the Implementation Plan from \n        the Commission under paragraph (1), the Administrator shall \n        submit a proposal for the Plan to the Commission for comment \n        and review.\n            (3) Comments of commission.--During the 1-month period \n        beginning on the date the Administrator submits the proposed \n        final Implementation Plan to the Commission under paragraph \n        (2), the Commission and each of its members may submit comments \n        on the Plan to the Administrator. Any comments made by the \n        Commission or any individual commissioner shall be transmitted \n        by the Administrator with the final Implementation Plan under \n        paragraph (4).\n            (4) Submission of final plan.--Not later than 18 months \n        after the date of the enactment of this Act, the Administrator \n        shall submit to Congress the final Implementation Plan for the \n        closure of the Lorton Correctional Complex.\n    (c) Automatic Implementation of Plan.--The Implementation Plan \nsubmitted by the Administrator under subsection (b)(4) shall take \neffect at the end of the 60-day period beginning on the day such plan \nis transmitted to the Speaker of the House of Representatives and the \nPresident of the Senate.\n\nSEC. 5. COMMISSION ON CLOSURE OF LORTON CORRECTIONAL COMPLEX.\n\n    (a) Establishment.--There is hereby established a commission to be \nknown as the Commission on Closure of the Lorton Correctional Complex.\n    (b) Membership.--\n            (1) Number and appointment.--The Commission shall be \n        composed of 11 members appointed not later than 1 month after \n        the date of the enactment of this Act as follows:\n                    (A) The Fairfax County Board of Supervisors shall \n                appoint 5 members, one of which shall be specially \n                qualified by training and experience in matters \n                relating to regional transportation problems and \n                issues.\n                    (B) The Prince William County Board of Supervisors \n                shall appoint 3 members.\n                    (C) The Mayor of the District of Columbia, with the \n                advice and consent of the District of Columbia City \n                Council, shall appoint 2 members.\n                    (D) The Administrator shall serve as an ex officio \n                member.\n            (2) Continuation of membership.--\n                    (A) General rule.--Except as provided in \n                subparagraph (B), if a member was appointed to the \n                Commission because the member was an officer or \n                employee of any government or if a member is appointed \n                to the Commission and later becomes an officer or \n                employee of a government, the member may continue \n                service on the Commission for not longer than the 30-\n                day period beginning on the date the member ceases to \n                be such an officer or employee or becomes such an \n                officer or employee, as the case may be.\n                    (B) Exception.--Service as a member of the \n                Commission shall not be discontinued pursuant to \n                subparagraph (A) in the case of a member who has served \n                on the Commission for not less than 3 months.\n            (3) Terms.--Each member of the Commission shall be \n        appointed for the life of the Commission.\n            (4) Vacancies.--Any member appointed to fill a vacancy \n        occurring before the expiration of the term for which the \n        member's predecessor was appointed shall be appointed only for \nthe remainder of that term, except that a member may serve after the \nexpiration of that member's term until a successor has taken office. A \nvacancy in the Commission shall be filled in the manner in which the \noriginal appointment was made.\n            (5) Compensation.--No member of the Commission may receive \n        additional pay, allowances, or benefits by reason of service on \n        the Commission.\n            (6) Quorum.--6 members of the Commission shall constitute a \n        quorum but a lesser number may hold hearings.\n            (7) Chairperson; vice chairperson.--The Chairperson and \n        Vice Chairperson of the Commission shall be elected by a \n        majority of the members of the Commission.\n    (c) Director and Staff; Experts and Consultants.--\n            (1) Director.--The Commission shall, without regard to \n        section 5311(b) of title 5, United States Code, have a Director \n        who shall be appointed by the Commission and paid at the rate \n        of basic pay payable for Level III of the Executive Schedule.\n            (2) Appointment and pay of staff.--The Commission may \n        appoint such personnel as it considers appropriate without \n        regard to the provisions of title 5, United States Code, \n        governing appointment to the competitive service. Such \n        personnel shall be paid in accordance with the provisions of \n        chapter 51 and subchapter III of chapter 53 of title 5, United \n        States Code, relating to classification and General Schedule \n        pay rates.\n            (3) Experts and consultants.--The Commission may procure \n        temporary and intermittent services under section 3109(b) of \n        title 5, United States Code.\n            (4) Staff of federal agencies.--Upon request of the \n        Commission, the head of any Federal department or agency may \n        detail, on a reimbursable basis, any of the personnel of that \n        department or agency to the Commission to assist it in carrying \n        out its duties.\n    (d) Powers.--\n            (1) Hearings and sessions.--\n                    (A) In general.--The Commission may hold hearings, \n                sit and act at times and places, take testimony, and \n                receive evidence as the Commission considers \n                appropriate to carry out its duties under this Act. The \nCommission may administer oaths or affirmations to witnesses appearing \nbefore it.\n                    (B) Maximization of local involvement.--The \n                Commission shall hold its hearings in a place and \n                manner which maximizes local community involvement, \n                input, and participation.\n            (2) Powers of members and agents.--Any member or agent of \n        the Commission may, if authorized by the Commission, take any \n        action which the Commission is authorized to take by this \n        section.\n            (3) Information.--The Commission may secure directly from \n        any department or agency of the United States any information \n        necessary to enable it to carry out its duties under this Act. \n        Upon request of the Chairperson or Vice Chairperson of the \n        Commission, the head of that department or agency shall furnish \n        that information to the Commission to the extent otherwise \n        permitted by law.\n            (4) Gifts and donations.--The Commission may accept, use, \n        and dispose of gifts or donations of services or property.\n            (5) Mails.--The Commission may use the United States mails \n        in the same manner and under the same conditions as other \n        departments and agencies of the United States.\n            (6) Administrative support services.--The Administrator \n        shall provide to the Commission, on a reimbursable basis, such \n        administrative support services as the Commission may request.\n    (e) Termination.--The Commission shall terminate 30 days after \nsubmitting its final comments pursuant to section 4(b)(3).\n    (f) Authorization of Appropriations.--There is authorized to be \nappropriated to the Commission for carrying out its duties under this \nAct an amount not to exceed $200,000.\n\nSEC. 6. DEFINITIONS.\n\n    In this Act:\n            (1) Administrator.--The term ``Administrator'' means the \n        Administrator of General Services or the Administrator's \n        designated representative.\n            (2) Commission.--The term ``Commission'' means the \n        Commission on Closure of the Lorton Correctional Complex \n        established under section 5(a).\n            (3) Lorton correctional complex.--The term ``Lorton \n        Correctional Complex'' means any District of Columbia \n        correctional, reformatory, or related facility which is located \n        in the Commonwealth of Virginia and which is operated under the \n        authority, control, supervision or management of the District \n        of Columbia Department of Corrections, the Mayor of the \n        District of Columbia, or any other agency or official of the \n        District of Columbia.\n            (4) Implementation plan.--The term ``Implementation Plan'' \n        means the Implementation Plan described in section 4.","title":""}
+{"_id":"c269","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Low Volume Motor Vehicle \nManufacturers Act of 2015''.\n\nSEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME \n              MANUFACTURERS.\n\n    Section 30114 of title 49, United States Code, is amended--\n            (1) by striking ``The'' and inserting ``(a) Vehicles Used \n        for Particular Purposes.--The''; and\n            (2) by adding at the end the following new subsection:\n    ``(b) Exemption for Low Volume Manufacturers.--\n            ``(1) In general.--The Secretary shall--\n                    ``(A) exempt from section 30112(a) of this title \n                not more than 500 replica motor vehicles per year that \n                are manufactured or imported by a low volume \n                manufacturer; and\n                    ``(B) except as provided in paragraph (5) of this \n                subsection, limit any such exemption to the Federal \n                Motor Vehicle Safety Standards applicable to motor \n                vehicles and not motor vehicle equipment.\n            ``(2) Registration requirement.--To qualify for an \n        exemption under paragraph (1), a low volume manufacturer shall \n        register with the Secretary at such time, in such manner, and \n        under such terms that the Secretary determines appropriate. The \n        Secretary shall establish terms that ensure that no person may \n        register as a low volume manufacturer if the person is \n        registered as an importer under section 30141 of this title.\n            ``(3) Permanent label requirement.--\n                    ``(A) In general.--The Secretary shall require a \n                low volume manufacturer to affix a permanent label to a \n                motor vehicle exempted under paragraph (1) that \n                identifies the specified standards and regulations for \n                which such vehicle is exempt from section 30112(a) and \n                designates the model year such vehicle replicates.\n                    ``(B) Written notice.--The Secretary may require a \n                low volume manufacturer of a motor vehicle exempted \n                under paragraph (1) to deliver written notice of the \n                exemption to--\n                            ``(i) the dealer; and\n                            ``(ii) the first purchaser of the motor \n                        vehicle, if the first purchaser is not an \n                        individual that purchases the motor vehicle for \n                        resale.\n                    ``(C) Reporting requirement.--A low volume \n                manufacturer shall annually submit a report to the \n                Secretary including the number and description of the \n                motor vehicles exempted under paragraph (1) and a list \n                of the exemptions described on the label affixed under \n                subparagraph (A).\n            ``(4) Definitions.--In this subsection:\n                    ``(A) Low volume manufacturer.--The term `low \n                volume manufacturer' means a motor vehicle \n                manufacturer, other than a person who is registered as \n                an importer under section 30141 of this title, whose \n                annual worldwide production is not more than 5,000 \n                motor vehicles.\n                    ``(B) Replica motor vehicle.--The term `replica \n                motor vehicle' means a motor vehicle produced by a low \n                volume manufacturer and that--\n                            ``(i) is intended to resemble the body of \n                        another motor vehicle that was manufactured not \n                        less than 25 years before the manufacture of \n                        the replica motor vehicle; and\n                            ``(ii) is manufactured under a license for \n                        the product configuration, trade dress, \n                        trademark or patent for the motor vehicle that \n                        is intended to be replicated from the original \n                        manufacturer, its successors or assignees, or \n                        current owner of such rights, unless there is a \n                        preponderance of evidence that such rights have \n                        been abandoned for at least three years.\n            ``(5) Conforming amendment.--Any motor vehicle exempted \n        under this subsection shall also be exempted from sections \n        32304, 32502, and 32902 of this title, and from section 1232 of \n        title 15 of the United States Code.\n            ``(6) Limitation and public notice.--The Secretary shall \n        have 60 days to review and approve a registration submitted \n        under paragraph (2). Any registration not approved or denied \n        within 60 days shall be deemed approved. The Secretary shall \n        have the authority to revoke an existing registration based on \n        a failure to comply with requirements set forth in this \n        subsection. The registrant shall be provided a reasonable \n        opportunity to correct all deficiencies, if such are \n        correctable based on the sole discretion of the Secretary. An \n        exemption granted by the Secretary to a low volume manufacturer \n        under this subsection may not be transferred to any other \n        person, and any unused allotment of vehicles authorized to be \n        manufactured or imported on an annual basis by a low volume \n        manufacturer shall not carry forward to another calendar year. \n        The Secretary shall maintain and update the list of current \n        registrants on an annual basis and publish such list in the \n        Federal Register or on a Web page operated by the Secretary.\n            ``(7) Limitation of liability for original manufacturers, \n        licensors, or owners of product configuration, trade dress or \n        design patents.--The original manufacturer, its successor or \n        assignee, or current owner who grants a license or otherwise \n        transfers rights to a low volume manufacturer as defined in \n        this section shall incur no liability to any person or entity \n        under Federal or State statute, regulation, local ordinance, or \n        under any Federal or State common law for such license or \n        assignment to a low volume manufacturer.''.\n\nSEC. 3. VEHICLE EMISSION COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR \n              VEHICLE MANUFACTURERS.\n\n    Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is \namended--\n            (1) in section 206(a) by adding at the end the following \n        new paragraph:\n            ``(5)(A) A motor vehicle engine (including all engine \n        emission controls) from a motor vehicle that has been granted a \n        certificate of conformity by the Administrator for the model \n        year in which the motor vehicle is assembled, or an engine that \n        has been granted an Executive order for the model year in which \n        the motor vehicle is assembled subject to regulations \n        promulgated by the California Air Resources Board, may be \n        installed in an exempted specially produced motor vehicle, if--\n                    ``(i) the manufacturer of the engine supplies \n                written instructions explaining how to install the \n                engine and maintain functionality of the engine's \n                emission control system and the on-board diagnostic \n                system (commonly known as `OBD II'), except with \n                respect to evaporative emissions diagnostics;\n                    ``(ii) the producer of the exempted specially \n                produced motor vehicle installs the engine in \n                accordance with such instructions; and\n                    ``(iii) the installation instructions include \n                emission control warranty information from the engine \n                manufacturer in compliance with section 207, including \n                where warranty repairs can be made, emission control \n                labels to be affixed to the vehicle, and the \n                certificate of conformity number for the applicable \n                vehicle in which the engine was originally intended or \n                the applicable Executive order number for the engine.\n            ``(B) A motor vehicle containing an engine compliant with \n        the requirements of subparagraph (A) shall be treated as \n        meeting the requirements of section 202 applicable to new \n        vehicles manufactured or imported in the model year in which \n        the exempted specially produced motor vehicle is assembled.\n            ``(C) Engine installations that are not performed in \n        accordance with installation instructions provided by the \n        manufacturer and alterations to the engine not in accordance \n        with the installation instructions shall be treated as \n        prohibited acts by the installer under section 203 and subject \n        to penalties under section 205.\n            ``(D) The producer of an exempted specially produced motor \n        vehicle that has an engine compliant with the requirements of \n        subparagraph (A) shall provide to the purchaser of such vehicle \n        all information received by the producer from the engine \n        manufacturer, including information regarding emissions \n        warranties from the engine manufacturer and all emissions-\n        related recalls by the engine manufacturer.\n            ``(E) To qualify to install an engine under this paragraph, \n        a producer of exempted specially produced motor vehicles shall \n        register with the Administrator at such time and in such manner \n        as the Administrator determines appropriate. The producer shall \n        submit an annual report to the Administrator that includes--\n                    ``(i) a description of the exempted specially \n                produced motor vehicles produced and engines installed \n                in such vehicles; and\n                    ``(ii) the certificate of conformity number issued \n                to the motor vehicle in which the engine was originally \n                intended or the applicable Executive order number for \n                the engine.\n            ``(F) Exempted specially produced motor vehicles compliant \n        with this paragraph shall be exempted from--\n                    ``(i) motor vehicle certification testing that \n                might otherwise be required under section 206; and\n                    ``(ii) vehicle emission control inspection and \n                maintenance programs required under section 110.\n            ``(G) A producer of exempted specially produced motor \n        vehicles that is compliant with subparagraphs (A) through (E) \n        of this paragraph is not considered a manufacturer for the \n        purposes of this Act.''; and\n            (2) in section 216 by adding at the end the following new \n        paragraph:\n            ``(12) Exempted specially produced motor vehicle.--The term \n        `exempted specially produced motor vehicle' means a replica \n        motor vehicle that is exempt from specified standards as \n        defined in section 30114(b) of title 49, United States Code.''.\n\nSEC. 4. IMPLEMENTATION.\n\n    Not later than 12 months after the date of the enactment of this \nAct, the Secretary of Transportation and the Administrator of the \nEnvironmental Protection Agency shall issue such regulations as may be \nnecessary to implement sections 2 and 3 of this Act, respectively.","title":""}
+{"_id":"c27","text":"SECTION 1. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE \n              COMPETITIVE SERVICE.\n\n    (a) In General.--Section 3321 of title 5, United States Code, is \namended--\n            (1) in subsection (a), by striking ``The President'' and \n        inserting ``Subject to subsections (c) and (d), the \n        President'';\n            (2) by redesignating subsection (c) as subsection (e); and\n            (3) by inserting after subsection (b) the following:\n    ``(c)(1) Except as provided in paragraph (2), the length of a \nprobationary period established under paragraph (1) or (2) of \nsubsection (a) shall be--\n            ``(A) with respect to any position that requires formal \n        training, a period of 2 years beginning on the date that such \n        formal training is completed;\n            ``(B) with respect to any position that requires a license, \n        a period of 2 years beginning on the date that such license is \n        granted; and\n            ``(C) with respect to any position not covered by \n        subparagraph (A) or (B), not less than 2 years.\n    ``(2) The length of a probationary period established under \nparagraph (1) or (2) of subsection (a) in the case of a preference \neligible shall be not longer than--\n            ``(A) if the appointment (as referred to in subsection \n        (a)(1)) or the initial appointment (as referred to in \n        subsection (a)(2)) is to a position that exists on the \n        effective date of this subsection, the length of the \n        probationary period which applies to such position as of such \n        effective date; or\n            ``(B) if the appointment (as referred to in subsection \n        (a)(1)) or the initial appointment (as referred to in \n        subsection (a)(2)) is to a position that does not exist on the \n        effective date of this subsection, such length of time as the \n        President may establish, consistent with the purposes of this \n        subparagraph.\n    ``(3) In paragraph (1)--\n            ``(A) the term `formal training' means, with respect to any \n        position, a training program required by law, rule, or \n        regulation, or otherwise required by the employing agency, to \n        be completed by the employee before the employee is able to \n        successfully execute the duties of the applicable position; and\n            ``(B) the term `license' means a license, certification, or \n        other grant of permission to engage in a particular activity.\n    ``(d) The head of each agency shall, in the administration of this \nsection, take appropriate measures to ensure that--\n            ``(1) any announcement of a vacant position within such \n        agency and any offer of appointment made to any individual with \n        respect to any such position shall clearly state the terms and \n        conditions of the probationary period applicable to such \n        position;\n            ``(2) any individual who is required to complete a \n        probationary period under this section shall receive timely \n        notice of the performance and other requirements which must be \n        met in order to successfully complete the probationary period; \n        and\n            ``(3) upon successful completion of a probationary period \n        under this section, certification to that effect shall be made, \n        supported by a brief statement of the basis for that \n        certification, in such form and manner as the President may by \n        regulation prescribe.''.\n    (b) Technical Amendment.--Section 3321(e) of title 5, United States \nCode (as so redesignated by subsection (a)(2)) is amended by striking \n``Subsections (a) and (b)'' and inserting ``Subsections (a) through \n(d)''.\n    (c) Effective Date.--This section and the amendments made by this \nsection--\n            (1) shall take effect 180 days after the date of enactment \n        of this Act; and\n            (2) shall apply in the case of any appointment (as referred \n        to in section 3321(a)(1) of title 5, United States Code) and \n        any initial appointment (as referred to in section 3321(a)(2) \n        of such title) taking effect on or after the date on which this \n        section takes effect.\n\nSEC. 2. EXTENSION OF PROBATIONARY PERIOD FOR POSITIONS WITHIN THE \n              SENIOR EXECUTIVE SERVICE .\n\n    (a) In General.--Section 3393(d) of title 5, United States Code, is \namended by striking ``1-year'' and inserting ``2-year''.\n    (b) Conforming Amendment.--Section 3592(a)(1) of such title is \namended by striking ``1-year'' and inserting ``2-year''.\n\nSEC. 3. APPEALS FROM ADVERSE ACTIONS.\n\n    (a) Subchapter I of Chapter 75 of Title 5.--Section 7501(1) of \ntitle 5, United States Code, is amended--\n            (1) by striking ``1 year'' the first place it appears and \n        inserting ``not less than 2 years''; and\n            (2) by striking ``1 year'' the second place it appears and \n        inserting ``2 years''.\n    (b) Subchapter II of Chapter 75 of Title 5.--Section 7511(a)(1) of \ntitle 5, United States Code, is amended--\n            (1) in subparagraph (A)(ii), by striking ``1 year'' the \n        first place it appears and inserting ``not less than 2 years''; \n        and\n            (2) in subparagraph (C)(ii), by striking ``2 years'' the \n        first place it appears and inserting ``not less than 2 years''.\n    (c) Effective Date.--The amendments made by subsections (a) and \n(b)--\n            (1) shall take effect 180 days after the date of enactment \n        of this Act; and\n            (2) shall apply in the case of any individual whose period \n        of continuous service (as referred to in the provision of law \n        amended by paragraph (1) or (2) of subsection (b), as the case \n        may be) commences on or after the date on which this section \n        takes effect.","title":""}
+{"_id":"c270","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Lymphedema Diagnosis and Treatment \nCost-Saving Act of 2011''.\n\nSEC. 2. COVERAGE OF LYMPHEDEMA DIAGNOSIS AND TREATMENT SERVICES UNDER \n              MEDICARE.\n\n    (a) Coverage of Services.--Section 1861 of the Social Security Act \n(42 U.S.C. 1395x) is amended--\n            (1) in subsection (s)(2)--\n                    (A) in subparagraph (EE), by striking ``and'' at \n                the end;\n                    (B) in subparagraph (FF), by adding ``and'' at the \n                end; and\n                    (C) by adding at the end the following new \n                subparagraph:\n                    ``(GG)(i) lymphedema diagnosis services (as defined \n                in subsection (iii)(1)) and lymphedema treatment \n                services (as described in subsection (iii)(2)); and\n                    ``(ii) lymphedema compression treatment items (as \n                defined in subsection (jjj)).''; and\n            (2) by adding at the end the following new subsections:\n    ``(iii) Lymphedema Diagnosis and Treatment Services.--(1) \nLymphedema Diagnosis Services.--The term `lymphedema diagnosis \nservices' means, with respect to an individual, the differential \ndiagnosis of the source of the individual's edema and the \nidentification of the specific etiology and functional lymphatic \ndeficiency, in which such diagnosis--\n            ``(A) is provided by a provider, as defined in paragraph \n        (3), for the purpose of developing a lymphedema treatment plan; \n        and\n            ``(B) may utilize any diagnostic tools the provider \n        determines to be reasonable and necessary.\n    ``(2) Lymphedema Treatment Services.--The term `lymphedema \ntreatment services' means, with respect to an individual, services for \nthe treatment of lymphedema (regardless of cause)--\n            ``(A) that are--\n                    ``(i) provided in an inpatient or outpatient \n                setting;\n                    ``(ii) provided by a provider, as defined in \n                paragraph (3), within the established scope of practice \n                of such provider; and\n                    ``(iii) medically necessary, in accordance with the \n                current standard of lymphedema treatment, including \n                complete decongestive therapy, which is a multi-modal \n                therapy comprising of manual lymph drainage, \n                compression therapy utilizing multilayer bandage \n                systems, compression garments and devices, exercise, \n                skin care, patient education, and any other lymphedema \n                treatment modalities determined by the Secretary to be \n                safe and effective; and\n            ``(B) which shall--\n                    ``(i) include as medically necessary with respect \n                to the individual--\n                            ``(I) an initial evaluation and course of \n                        clinical treatment, including initial baseline \n                        measurements and subsequent measurements to \n                        assess treatment efficacy and progress;\n                            ``(II) follow-up courses of clinical \n                        treatment;\n                            ``(III) in the case that such individual \n                        has cancer, clinical measurements, including \n                        initial pre-operative baseline measurements and \n                        periodic subsequent measurements to diagnose \n                        the presence of lymphedema; and\n                            ``(IV) any other treatment modality \n                        approved by the Secretary; and\n                    ``(ii) be provided in accordance with such \n                schedule, duration, and number of treatments as \n                determined medically necessary.\n    ``(3) Provider Defined.--For purposes of this subsection and \nsubsection (jjj), the term `provider' means any licensed medical or \nhealth care provider whose State licensing board recognizes lymphedema \ndiagnosis, lymphedema treatment, or both to fall within the scope of \npractice of such medical or health care provider.\n    ``(jjj) Lymphedema Compression Treatment Items.--The term \n`lymphedema compression treatment items' means, with respect to an \nindividual, compression garments, devices, bandaging systems, \ncomponents, and supplies that are primarily and customarily used in the \nmedical treatment of lymphedema of the arms, hands, legs, feet, torso, \nface and neck, breast and chest, abdomen, and genitalia, as prescribed \nby a provider, as defined in subsection (iii)(3). Such term includes--\n            ``(1) multilayer compression bandaging systems, including \n        short-stretch and medium-stretch compression bandages; cotton, \n        synthetic, or foam padding; gauze or elastic finger and toe \n        bandages; foam pads; directional flow padding; and tubular \n        bandages;\n            ``(2) custom or standard fit gradient compression garments;\n            ``(3) non-elastic and low-elastic compression garments, \n        manually adjustable or fitted padded directional flow garments \n        (with or without elastic or non-elastic compression jackets) \n        and compression wraps and directional flow pads;\n            ``(4) aids and ancillary equipment consisting of donning \n        aids, bandage rollers, shoes to fit over compression items, and \n        other specialized items used with the items described in \n        paragraphs (1) through (3);\n            ``(5) pneumatic appliances connected to and used in \n        conjunction with pneumatic sequential compression controllers;\n            ``(6) any other compression garments, bandaging systems, \n        devices, and aids determined by the Secretary to be effective \n        in the prevention or treatment of lymphedema; and\n            ``(7) replacements of any items under this subsection in \n        accordance with section 1834(p)(3).''.\n    (b) Payment.--\n            (1) Lymphedema compression treatment items.--\n                    (A) In general.--Section 1833(a) of such Act (42 \n                U.S.C. 1395l(a)) is amended--\n                            (i) in paragraph (8), by striking at the \n                        end ``and'';\n                            (ii) in paragraph (9), by striking at the \n                        end the period and inserting a semi-colon; and\n                            (iii) by adding at the end the following \n                        new paragraph:\n            ``(10) in the case of lymphedema compression treatment \n        items described in section 1861(jjj), the amount determined \n        under section 1834(p); and''.\n                    (B) Payment determined.--Section 1834 of such Act \n                (42 U.S.C. 1395m) is amended by adding at the end the \n                following new subsection:\n    ``(p) Payment for Lymphedema Compression Treatment Items.--\n            ``(1) General rule for payment.--\n                    ``(A) In general.--With respect to a lymphedema \n                compression treatment item as defined in section \n                1861(jjj)) for which payment is determined under this \n                subsection, subject to subparagraph (D), payment shall \n                be made in an amount equal to 80 percent of the payment \n                basis described in subparagraph (B).\n                    ``(B) Payment basis.--The payment basis described \n                in this subparagraph, with respect to a lymphedema \n                compression treatment item described in section \n                1861(jjj), is the actual charge for the item.\n                    ``(C) Exclusive payment rule for home health \n                agencies.--Notwithstanding any other provision of this \n                title, this subsection shall constitute the exclusive \n                provision of this title for payment for lymphedema \n                compression treatment items described in section \n                1861(jjj) under this part or under part A to a home \n                health agency or for such items that are furnished as \n                an incident to a physician's professional service.\n            ``(2) Allowable quantities.--In the case it is determined \n        by a provider, as defined in section 1861(iii)(3), that \n        lymphedema compression treatment items are required as part of \n        lymphedema treatment services under section 1861(iii)(2), then \n        payment may be made under this title in accordance with this \n        subsection for such items in the quantity which is customary, \n        reasonable, and medically necessary.\n            ``(3) Replacement of lymphedema compression treatment \n        items.--\n                    ``(A) In general.--Payment shall be made under this \n                subsection, with respect to an individual, for the \n                replacement of a lymphedema compression treatment item \n                if the period of the reasonable and useful lifetime of \n                the item (as described in subparagraph (B)) has expired \n                or a provider, as defined in section 1861(iii)(3), \n                determines that a replacement, or repair, of such item, \n                is medically necessary.\n                    ``(B) Reasonable and useful lifetime.--For purposes \n                of subparagraph (A), the period of the reasonable and \n                useful lifetime of a lymphedema compression treatment \n                item is as follows:\n                            ``(i) In the case of any item described in \n                        section 1861(jjj)(1), 1 year.\n                            ``(ii) In the case of any item described in \n                        section 1861(jjj)(2), 6 months.\n                            ``(iii) In the case of any item described \n                        in section 1861(jjj)(3), 2 years.\n                            ``(iv) In the case of any item described in \n                        section 1861(jjj)(4), 1 year.\n                            ``(v) In the case of any item described in \n                        section 1861(jjj)(5), 5 years.\n                            ``(vi) In the case of any item described in \n                        section 1861(jjj)(6), such period as determined \n                        by the Secretary, in consultation with \n                        appropriate health organizations, at the time \n                        the Secretary determines such item to be \n                        effective in the prevention or treatment of \n                        lymphedema.''.\n                    (C) Application of supplier requirements.--Section \n                1834(j)(5) of such Act (42 U.S.C. 1395m(j)(5)) is \n                amended--\n                            (i) in subparagraph (E), by striking at the \n                        end ``and'';\n                            (ii) in subparagraph (F), by striking at \n                        the end the period and inserting ``; and''; and\n                            (iii) by adding at the end the following \n                        new subparagraph:\n                    ``(G) lymphedema compression treatment items (as \n                defined in section 1861(jjj)).''.\n            (2) Lymphedema diagnosis and treatment services.--\n                    (A) In general.--Section 1833(a) of such Act, as \n                amended by paragraph (1)(A), is further amended by \n                adding at the end the following new paragraph:\n            ``(11)(A) in the case of lymphedema diagnosis services (as \n        defined in section 1861(iii)(1)) furnished by a provider (as \n        defined in section 1861(iii)(3)) the amount described in \n        section 1834(q); and\n            ``(B) in the case of lymphedema treatment services (as \n        defined in section 1861(iii)(2)) furnished by a provider (as \n        defined in section 1861(iii)(3)) the amount described in \n        section 1834(k).''.\n                    (B) Payment method.--Section 1834 of such Act, as \n                amended by paragraph (1)(B), is further amended by \n                adding at the end the following new subsection:\n    ``(q) Payment for Outpatient Lymphedema Diagnosis and Treatment \nServices by Physicians and Non-Physician Practitioners.--\n            ``(1) In general.--For purposes of section 1833(a)(11), the \n        amount described in this subsection, with respect to a \n        lymphedema diagnosis service or lymphedema treatment service, \n        is 80 percent of the lesser of--\n                    ``(A) the actual charge for the service; or\n                    ``(B) the applicable fee schedule amount (as \n                defined in paragraph (2)) for the service.\n            ``(2) Applicable fee schedule amount.--In this subsection, \n        the term `applicable fee schedule amount' means, with respect \n        to services furnished in a year, the amount determined under \n        the fee schedule established under section 1848 for such \n        services furnished during the year.''.\n                    (C) Conforming amendment for payments under \n                1834(k).--Section 1834(k)(1) of such Act (42 U.S.C. \n                1395m(k)(1)) is amended by striking ``or 1833(a)(9)'' \n                and inserting ``1833(a)(9), or 1833(a)(11)''.\n    (c) Effective Date.--The amendments made by this section shall \napply to items and services furnished on or after the date that is 180 \ndays from the date of the enactment of this Act.","title":""}
+{"_id":"c271","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Making Home Affordable Improvements \nAct''.\n\nSEC. 2. ALLOCATION OF MAKING HOME AFFORDABLE FUNDING FOR FORECLOSURE \n              MITIGATION COUNSELING IN CONNECTION WITH HOME AFFORDABLE \n              MODIFICATION PROGRAM AND HOME AFFORDABLE FORECLOSURE \n              ALTERNATIVES PROGRAM.\n\n    (a) Funding for Foreclosure Mitigation Counseling.--From any \namounts made available for carrying out the Making Home Affordable \ninitiative of the Secretary of the Treasury pursuant to title I of the \nEmergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), \nthe Secretary shall provide assistance, in the amounts provided under \nsubsection (c), to the National Foreclosure Mitigation Counseling \nProgram for foreclosure mitigation counseling activities in connection \nwith the Home Affordable Modification Program (HAMP) of such \ninitiative.\n    (b) Distribution of Assistance.--\n            (1) In general.--The National Foreclosure Mitigation \n        Counseling Program shall distribute amounts received pursuant \n        to subsection (a) to grantees in good standing in accordance \n        with guidelines, policies, and procedures of the Program.\n            (2) Housing counseling agency eligibility.--For a housing \n        counseling agency to be eligible to receive assistance from \n        amounts received pursuant to subsection (a), the agency must be \n        a recipient of funding from the National Foreclosure Mitigation \n        Counseling Program.\n    (c) Formula for Funding.--The amount provided under this subsection \nshall be an amount, for each mortgage modified under the Home \nAffordable Modification Program, as follows:\n            (1) Trial modifications.--For each mortgage for which a \n        servicer or lender has entered into a trial modification under \n        the Program with the borrower, $500.\n            (2) Permanent modifications.--For each mortgage for which a \n        servicer or lender has entered into a permanent modification \n        under the Program with the borrower, $750.\n            (3) Home affordable foreclosure alternatives program.--For \n        each mortgage for which the servicer or lender has agreed to an \n        alternative to foreclosure under the Home Affordable \n        Foreclosure Alternatives (HAFA) Program, $300.\n    (d) Administrative Fees.--The Neighborhood Reinvestment Corporation \nmay use up to 15 percent of the amount allocated under subsection (a) \nfor administrative expenses.\n    (e) Use of Foreclosure Mitigation Counseling Funds.--Not later than \nthe expiration of the 180-day period beginning on the date of the \nenactment of this Act, the Neighborhood Reinvestment Corporation shall \nestablish a procedure by which the National Foreclosure Mitigation \nCounseling Program shall direct the amounts provided to such Program \npursuant to this section to participating housing counseling agencies.\n    (f) National Foreclosure Mitigation Counseling Program.--For \npurposes of this section, the term ``National Foreclosure Mitigation \nCounseling Program'' means the program of the Neighborhood Reinvestment \nCorporation for mortgage foreclosure mitigation activities carried out \npursuant to--\n            (1) title III of division K of the Consolidated \n        Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2441);\n            (2) section 2305 of the Housing and Economic Recovery Act \n        of 2008 (42 U.S.C. 5301 note);\n            (3) title III of division I of the Omnibus Appropriations \n        Act, 2009 (Public Law 111-8; 123 Stat. 9821); and\n            (4) any other provision of law providing amounts to the \n        Neighborhood Reinvestment Corporation for such activities.\n    (g) Guidelines.--The Secretary of the Treasury shall revise the \nguidelines of the Making Home Affordable initiative and the Home \nAffordable Modification Program as necessary to carry out this section.\n\nSEC. 3. COLLECTION OF PROGRAM DATA AND DISCLOSURE TO SECRETARY OF \n              HOUSING AND URBAN DEVELOPMENT.\n\n    (a) Collection of Program Data.--The Secretary of the Treasury \nshall revise the guidelines of the Home Affordable Modification Program \n(HAMP) of the Making Home Affordable initiative of the Secretary, \nauthorized under title I of the Emergency Economic Stabilization Act of \n2008 (12 U.S.C. 5211 et seq.), to provide for the collection, by the \nSecretary on a monthly basis from each mortgage servicer and lender \nparticipating in the Program, of comprehensive data on the activities \nof the servicer or lender under the Home Affordable Modification \nProgram. Such comprehensive data shall identify the participating \nhousing counseling agency, when applicable, and shall include the \nfollowing information:\n            (1) The number of requests for mortgage modifications under \n        the Program that the servicer or lender has received.\n            (2) The number of requests for mortgage modifications under \n        the Program that the servicer or lender has received for \n        mortgages for borrowers having back-end debt-to-income ratios \n        equal to or greater than 55 percent.\n            (3) The number of requests for mortgage modifications under \n        the Program that the servicer or lender has processed.\n            (4) The number of requests for mortgage modifications under \n        the Program that the servicer or lender has processed for \n        mortgages for borrowers having back-end debt-to-income ratios \n        equal to or greater than 55 percent.\n            (5) The number of requests for mortgage modifications under \n        the Program for which the servicer or lender has entered into a \n        trial modification with the borrower.\n            (6) The number of requests for mortgage modifications under \n        the Program for which--\n                    (A) the servicer or lender has entered into a trial \n                modification with the borrower; and\n                    (B) the borrower has a back-end debt-to-income \n                ratio equal to or greater than 55 percent.\n            (7) The number of requests for mortgage modifications under \n        the Program for which the servicer or lender has entered into a \n        permanent modification with the borrower.\n            (8) The number of requests for mortgage modifications under \n        the Program for which--\n                    (A) the servicer or lender has entered into a \n                permanent modification with the borrower; and\n                    (B) the borrower has a back-end debt-to-income \n                ratio equal to or greater than 55 percent.\n            (9) The number of requests for mortgage modifications under \n        the Program that the servicer or lender has denied.\n            (10) The number of requests for mortgage modifications \n        under the Program that the servicer or lender has denied for \n        mortgages for borrowers having back-end debt-to-income ratios \n        equal to or greater than 55 percent.\n    (b) Disclosure to Secretary of HUD.--Not later than 14 days after \neach monthly deadline for submission of data by mortgage servicers and \nlenders participating in the Home Affordable Modification Program, the \nSecretary shall provide a report to the Secretary of Housing and Urban \nDevelopment containing such monthly data collected by the Secretary of \nthe Treasury from mortgage servicers and lenders participating in the \nProgram, including the information specified in subsection (a).\n    (c) Public Availability.--Not later than 30 days after receipt by \nthe Secretary of Housing and Urban Development of each monthly report \npursuant to subsection (b), the Secretary of the Treasury shall make \nsuch report publicly available by means of a World Wide Web site of the \nSecretary and by submitting a report to the Congress.\n\nSEC. 4. DEFINITIONS.\n\n    For purposes of this Act, the following definitions shall apply:\n            (1) Back-end debt-to-income ratio.--The term ``back-end \n        debt-to-income ratio'' means, with respect to the borrower \n        under a mortgage for which a request for modification under the \n        Home Affordable Modification Program or a modification under \n        such Program has been made, the ratio of monthly payments due \n        on all debts of the borrower (including mortgage principal, \n        interest, taxes, and insurance, and all other recurring debt) \n        to the gross monthly income of the borrower before any such \n        modification under such Program, as further defined by the \n        Secretary in guidelines for the Home Affordable Modification \n        Program.\n            (2) Secretary.--Except where specifically provided \n        otherwise, the term ``Secretary'' means the Secretary of the \n        Treasury.","title":""}
+{"_id":"c272","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Mandate Prevention Act of 2010''.\n\nSEC. 2. LEGISLATION SUBJECT TO POINT OF ORDER.\n\n    (a) In General.--Section 425(a) of the Congressional Budget Act of \n1974 is amended by striking ``and'' at the end of paragraph (1), by \nstriking the period at the end of paragraph (2) and by inserting ``; \nand'', and by adding at the end the following new paragraph:\n            ``(3) Any bill, joint resolution, amendment, motion, or \n        conference report that would increase the direct costs of \n        Federal private sector mandates by an amount that causes the \n        thresholds specified in section 424(b)(1) to be exceeded, \n        unless--\n                    ``(A) the bill, joint resolution, amendment, \n                motion, or conference report provides new budget \n                authority or new entitlement authority in the House of \n                Representatives or direct spending authority in the \n                Senate for each fiscal year for such mandates included \n                in the bill, joint resolution, amendment, motion, or \n                conference report in an amount equal to or exceeding \n                the direct costs of such mandate; or\n                    ``(B) the bill, joint resolution, amendment, \n                motion, or conference report includes an authorization \n                for appropriations in an amount equal to or exceeding \n                the direct costs of such mandate, and--\n                            ``(i) identifies a specific dollar amount \n                        of the direct costs of such mandate for each \n                        year up to 10 years during which such mandate \n                        shall be in effect under the bill, joint \n                        resolution, amendment, motion or conference \n                        report, and such estimate is consistent with \n                        the estimate determined under subsection (e) \n                        for each fiscal year;\n                            ``(ii) identifies any appropriation bill \n                        that is expected to provide for Federal funding \n                        of the direct cost referred to under clause \n                        (i); and\n                            ``(iii)(I) provides that for any fiscal \n                        year the responsible Federal agency shall \n                        determine whether there are insufficient \n                        appropriations for that fiscal year to provide \n                        for the direct costs under clause (i) of such \n                        mandate, and shall (no later than 30 days after \n                        the beginning of the fiscal year) notify the \n                        appropriate authorizing committees of Congress \n                        of the determination and submit either--\n                                    ``(aa) a statement that the agency \n                                has determined, based on a re-estimate \n                                of the direct costs of such mandate, \n                                after consultation with State, local, \n                                and tribal governments, that the amount \n                                appropriated is sufficient to pay for \n                                the direct costs of such mandate; or\n                                    ``(bb) legislative recommendations \n                                for either implementing a less costly \n                                mandate or making such mandate \n                                ineffective for the fiscal year;\n                            ``(II) provides for expedited procedures \n                        for the consideration of the statement or \n                        legislative recommendations referred to in \n                        subclause (I) by Congress no later than 30 days \n                        after the statement or recommendations are \n                        submitted to Congress; and\n                            ``(III) provides that such mandate shall--\n                                    ``(aa) in the case of a statement \n                                referred to in subclause (I)(aa), cease \n                                to be effective 60 days after the \n                                statement is submitted unless Congress \n                                has approved the agency's determination \n                                by joint resolution during the 60-day \n                                period;\n                                    ``(bb) cease to be effective 60 \n                                days after the date the legislative \n                                recommendations of the responsible \n                                Federal agency are submitted to \n                                Congress under subclause (I)(bb) unless \n                                Congress provides otherwise by law; or\n                                    ``(cc) in the case that such \n                                mandate that has not yet taken effect, \n                                continue not to be effective unless \n                                Congress provides otherwise by law.''.\n    (b) Committee on Appropriations.--Section 425(c)(1) of the \nCongressional Budget Act of 1974 is amended by inserting ``or a Federal \nprivate sector mandate'' after ``Federal intergovernmental mandate'' \neach place it appears.\n    (c) Determinations of Federal Private Sector Mandate Levels.--\nSection 425(e) of the Congressional Budget Act of 1974 is amended by \ninserting ``and Federal private sector mandates'' after ``Federal \nmandates''.\n\nSEC. 3. UNFUNDED MANDATES POINT OF ORDER IN THE RULES OF THE HOUSE OF \n              REPRESENTATIVES.\n\n    Clause 11(b) of rule XVIII of the Rules of the House of \nRepresentatives is amended by inserting before the period the \nfollowing: ``or a Federal private sector mandate the direct costs of \nwhich exceed the threshold otherwise specified for a reported bill or \njoint resolution in section 424(b)(1) of such Act''.\n\nSEC. 4. EQUALIZATION OF THRESHOLD BETWEEN PRIVATE SECTOR AND \n              INTERGOVERNMENTAL MANDATES.\n\n    Section 424(b)(1) of the Congressional Budget Act of 1974 is \namended by striking ``$100,000,000'' and inserting ``$50,000,000''.","title":""}
+{"_id":"c273","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Manufacturing Advisory Council \nEstablishment Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Manufacturing is a critical component of the economy of \n        the United States.\n            (2) A strong manufacturing sector is important to \n        maintaining a desirable standard of living for all United \n        States citizens.\n            (3) United States manufacturers can compete globally as \n        long as they are not subjected to anti-competitive trade \n        practices.\n            (4) The United States manufacturing industry is presently \n        facing many challenges, both domestic and international.\n            (5) The President would benefit from regular, informed \n        advice from a variety of sources within the Unites States \n        manufacturing sector, including representatives of small and \n        mid-sized businesses, on policies that affect manufacturing.\n\nSEC. 3. ESTABLISHMENT.\n\n    There is established a council to be known as the ``President's \nCouncil of Advisors on Manufacturing''.\n\nSEC. 4. DUTIES.\n\n    The duties of the Council shall be--\n            (1) to advise the President on policy matters affecting the \n        domestic manufacturing sector;\n            (2) to assist in the development of policies that will--\n                    (A) reduce production costs within the \n                manufacturing sector,\n                    (B) promote the competitiveness of products \n                manufactured in the United States in international \n                markets,\n                    (C) encourage innovation, investment, and \n                productivity in the manufacturing sector, and\n                    (D) ensure an adequate supply of skilled workers in \n                the manufacturing sector; and\n            (3) to assist the Secretary of Commerce in securing private \n        sector involvement for Department of Commerce activities.\n\nSEC. 5. MEMBERSHIP.\n\n    (a) Number and Appointment.--The Council shall be composed of 25 \nmembers appointed by the President as follows:\n            (1) 1 member shall be an officer or employee of the Federal \n        Government.\n            (2) 24 members shall be individuals who--\n                    (A) are not officers or employees of the Federal \n                Government;\n                    (B) have expertise in manufacturing; and\n                    (C) represent businesses of various sizes and \n                industries within the manufacturing sector.\n    (b) Continuation of Membership.--If a member was appointed to the \nCouncil as an officer or employee of the Federal Government and the \nmember ceases to be an officer or employee of the Federal Government, \nor was appointed to the Council because the member was not an officer \nor employee of the Federal Government and later becomes an officer or \nemployee of the Federal Government, that member may continue as a \nmember for not longer than the 90-day period beginning on the date that \nthe member ceases to be an officer or employee of the Federal \nGovernment, or becomes such an officer or employee, as the case may be.\n    (c) Terms.--\n            (1) In general.--Each member shall be appointed for a term \n        of 2 years, except as provided in paragraphs (2) and (3).\n            (2) Terms of initial appointees.--As designated by the \n        President at the time of appointment, of the members first \n        appointed--\n                    (A) 8 shall be appointed for terms of 4 years;\n                    (B) 8 shall be appointed for terms of 3 years;\n                    (C) 8 shall be appointed for terms of 2 years; and\n                    (D) the member appointed under subsection (a)(1) \n                shall be appointed for a term of 2 years.\n            (3) Vacancies.--Any member appointed to fill a vacancy \n        occurring before the expiration of the term for which the \n        member's predecessor was appointed shall be appointed only for \n        the remainder of that term. A member may serve after the \n        expiration of that member's term until a successor has taken \n        office.\n    (d) Deadline for Appointment.--The appointments of the members of \nthe Council shall be made no later than 90 days after the date of the \nenactment of this Act.\n    (e) Co-chairs.--The co-chairs of the Council shall be the member \nappointed under subsection (a)(1) and one member appointed under \nsubsection (a)(2) who is designated by the President at the time of \nappointment.\n    (f) Meetings.--\n            (1) First meeting.--The Council shall hold its first \n        meeting on a date designated by the co-chairs which is not \n        later than 30 days after the date on which all members have \n        been appointed.\n            (2) Subsequent meetings.--After the first meeting, the \n        Council shall meet at least semi-annually upon the call of the \n        co-chairs.\n    (g) No Compensation for Service.--The members shall serve on the \nCouncil without compensation.\n    (h) Travel Expenses.--Each member shall receive travel expenses, \nincluding per diem in lieu of subsistence, in accordance with \napplicable provisions under subchapter I of chapter 57 of title 5, \nUnited States Code.\n\nSEC. 6. POWERS OF THE COUNCIL.\n\n    (a) Information and Advice.--As the Council finds appropriate, the \nCouncil may seek information and advice from persons who are not \nmembers of the Council.\n    (b) Obtaining Official Data.--The Council may secure directly from \nany agency of the United States information necessary to enable it to \ncarry out this Act. Upon the request of either co-chair, the head of \nthat department or agency shall furnish that information to the \nCouncil.\n    (c) Mails.--The Council may use the United States mails in the same \nmanner and under the same conditions as other departments and agencies \nof the United States.\n\nSEC. 7. ADMINISTRATION.\n\n    (a) Expenses.--Any expenses incurred by the Council shall be paid \nfrom the funds available to the Assistant Secretary of Commerce \nresponsible for manufacturing and services, as determined by the \nSecretary of Commerce.\n    (b) Administrative Services.--The Assistant Secretary of Commerce \nresponsible for manufacturing and services, as determined by the \nSecretary of Commerce, shall provide any administrative support \nservices required by the Council.\n\nSEC. 8. NO TERMINATION.\n\n    Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. \nApp.; relating to the termination of advisory committees) shall not \napply to the Council.","title":""}
+{"_id":"c274","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Marine Mammal Rescue Assistance Act \nof 1999''.\n\nSEC. 2. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM.\n\n    (a) In General.--Title IV of the Marine Mammal Protection Act of \n1972 (16 U.S.C. 1371 et seq.) is amended--\n            (1) by redesignating sections 408 and 409 as sections 409 \n        and 410, respectively; and\n            (2) by inserting after section 407 the following:\n\n``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT \n              PROGRAM.\n\n    ``(a) In General.--(1) Subject to the availability of \nappropriations, the Secretary shall conduct a grant program to be known \nas the John H. Prescott Marine Mammal Rescue Assistance Grant Program, \nto provide grants to eligible stranding network participants for the \nrecovery or treatment of marine mammals, the collection of data from \nliving or dead marine mammals for scientific research regarding marine \nmammal health, and facility operation costs that are directly related \nto those purposes.\n    ``(2)(A) The Secretary shall ensure that, to the greatest extent \npracticable, funds provided as grants under this subsection are \ndistributed equitably among the designated stranding regions.\n    ``(B) In determining priorities among such regions, the Secretary \nmay consider--\n            ``(i) any episodic stranding or any mortality event other \n        than an event described in section 410(6), that occurred in any \n        region in the preceding year; and\n            ``(ii) data regarding average annual strandings and \n        mortality events per region.\n    ``(b) Application.--To receive a grant under this section, a \nstranding network participant shall submit an application in such form \nand manner as the Secretary may prescribe.\n    ``(c) Advisory Group.--\n            ``(1) In general.--The Secretary, in consultation with the \n        Marine Mammal Commission, shall establish an advisory group in \n        accordance with this subsection to advise the Secretary \n        regarding the implementation of this section, including the \n        award of grants under this section.\n            ``(2) Membership.--The advisory group shall consist of a \n        representative from each of the designated stranding regions \n        and other individuals who represent public and private \n        organizations that are actively involved in rescue, \n        rehabilitation, release, scientific research, marine \n        conservation, and forensic science regarding stranded marine \n        mammals.\n            ``(3) Public participation.--\n                    ``(A) Meetings.--The advisory group shall--\n                            ``(i) ensure that each meeting of the \n                        advisory group is open to the public; and\n                            ``(ii) provide, at each meeting of the \n                        advisory group, an opportunity for interested \n                        persons to present oral or written statements \n                        concerning items on the agenda for the meeting.\n                    ``(B) Notice.--The Secretary shall provide to the \n                public timely notice of each meeting of the advisory \n                group.\n                    ``(C) Minutes.--The Secretary shall keep and make \n                available to the public minutes of each meeting of the \n                advisory group.\n            ``(4) Exemption.--The Federal Advisory Committee Act (5 \n        U.S.C. App.) shall not apply to the establishment and \n        activities of an advisory group in accordance with this \n        subsection.\n    ``(d) Limitation.--The amount of a grant under this section shall \nnot exceed $100,000.\n    ``(e) Matching Requirement.--\n            ``(1) In general.--The non-Federal share of the costs of an \n        activity conducted with a grant under this section shall be 25 \n        percent of such costs.\n            ``(2) In-kind contributions.--The Secretary may apply to \n        the non-Federal share of an activity conducted with a grant \n        under this section the amount of funds, and the fair market \n        value of property and services, provided by non-Federal sources \n        and used for the activity.\n    ``(f) Administrative Expenses.--Of amounts available each fiscal \nyear to carry out this section, the Secretary may expend not more than \n6 percent to pay the administrative expenses necessary to carry out \nthis section.\n    ``(g) Definitions.--In this section:\n            ``(1) Designated stranding region.--The term `designated \n        stranding region' means a geographic region designated by the \n        Secretary for purposes of administration of this title.\n            ``(2) Secretary.--The term `Secretary' has the meaning \n        given that term in section 3(12)(A).\n    ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary to carry out this section $5,000,000 for \neach of fiscal years 2001 through 2003, to remain available until \nexpended.''.\n    (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal \nProtection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting \n``(other than section 408)'' after ``title IV''.\n    (c) Clerical Amendment.--The table of contents in the first section \nof the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended \nby striking the items relating to sections 408 and 409 and inserting \nthe following:\n\n``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant \n                            Program.\n``Sec. 409. Authorization of appropriations.\n``Sec. 410. Definitions.''.\n\n            Passed the House of Representatives September 27, 1999.\n\n            Attest:\n\n                                                 JEFF TRANDAHL,\n\n                                                                 Clerk.","title":""}
+{"_id":"c275","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Marine Navigation Safety Improvement \nAct of 1993''.\n\nSEC. 2. ESTABLISHMENT OF MARINE NAVIGATION SAFETY ACCOUNT.\n\n    Section 9505 of the Internal Revenue Code of 1986 (relating to the \nHarbor Maintenance Trust Fund) is amended--\n            (1) in subsection (c)--\n                    (A) in paragraph (1), by inserting ``except as \n                provided in paragraph (4)'', before ``to carry out'';\n                    (B) in paragraph (3), by striking the period at the \n                end and inserting a comma; and\n                    (C) by adding at the end the following new \n                paragraph:\n            ``(4) to carry out subsections (a)(3) and (c) of section \n        210 of the Water Resources Development Act of 1986.''; and\n            (2) by adding at the end the following new subsection:\n    ``(e) Marine Navigation Safety Account.--\n            ``(1) In general.--There is hereby established in the \n        Harbor Maintenance Trust Fund a separate account to be known as \n        the `Marine Navigation Safety Account', consisting of such \n        amounts as may be transferred or credited to the account \n        pursuant to this subsection or section 9602(b).\n            ``(2) Transfers to account.--\n                    ``(A) 1991 and 1992.--Not later than 30 days after \n                the date of the enactment of the Marine Navigation \n                Safety Improvement Act of 1993, the Secretary shall \n                transfer to the Marine Navigation Safety Account an \n                amount not to exceed the sum of--\n                            ``(i) 8 percent of the amount of taxes \n                        received in the Treasury under section 4461 for \n                        the calendar years 1991 and 1992; and\n                            ``(ii) interest on the amount referred to \n                        in clause (i) for the calendar years 1991 and \n                        1992, credited pursuant to section 9602(b)(3).\n                    ``(B) 1993 and each subsequent year.--For calendar \n                year 1993, and for each calendar year thereafter, the \n                Secretary shall transfer to the Marine Navigation \n                Safety Account an amount equal to the sum of--\n                            ``(i) 8 percent of the amount of taxes \n                        received in the Treasury pursuant to section \n                        4461; and\n                            ``(ii) interest on the amount referred to \n                        in clause (i) for the calendar year, credited \n                        pursuant to section 9602(b)(3).\n            ``(3) Expenditures from account.--Amounts in the Marine \n        Navigation Safety Account shall be available, as provided in \n        appropriations Acts, to carry out the programs and activities \n        of the National Oceanic and Atmospheric Administration of the \n        Department of Commerce related to commercial marine navigation \n        described in section 210(c) of the Water Resources Development \n        Act of 1986.''.\n\nSEC. 3. AMENDMENT TO THE WATER RESOURCES DEVELOPMENT ACT OF 1986.\n\n    Section 210 of the Water Resources Development Act of 1986 (33 \nU.S.C. 2238) is amended--\n            (1) in subsection (a)--\n                    (A) by striking ``and'' at the end of paragraph \n                (1);\n                    (B) by striking the period at the end of paragraph \n                (2) and inserting ``; and''; and\n                    (C) by adding at the end the following new \n                paragraph:\n            ``(3) from the Marine Navigation Safety Account established \n        under section 9505(e) of the Internal Revenue Code of 1986, to \n        carry out the programs and activities of the National Oceanic \n        and Atmospheric Administration of the Department of Commerce \n        related to commercial marine navigation described in subsection \n        (c).''; and\n            (2) by adding at the end the following new subsection:\n    ``(c) Commercial Marine Navigation.--The amounts authorized to be \nappropriated under subsection (a)(3) shall remain available until \nexpended, and shall--\n            ``(1) be made available to the Secretary of Commerce to \n        support, either directly or by contract, the nautical charting \n        and marine navigational safety programs and such other \n        activities of the National Oceanic and Atmospheric \n        Administration related to commercial marine navigation as the \n        Secretary determines to be appropriate, including--\n                    ``(A) the nautical charting program;\n                    ``(B) marine tides and circulation programs;\n                    ``(C) charting survey ship support; and\n                    ``(D) marine weather services applicable to \n                commercial navigation safety in the waters of the \n                United States; and\n            ``(2) be used by the Secretary of Commerce, subject to the \n        following conditions:\n                    ``(A)(i) Funds transferred to the Marine Navigation \n                Safety Account pursuant to section 9505(e)(2)(A) of the \n                Internal Revenue Code of 1986 shall be used only for \n                the purposes of enabling, modernizing, enhancing, or \n                expanding the capabilities of the National Oceanic and \n                Atmospheric Administration to conduct the programs and \n                activities referred to in paragraph (1).\n                    ``(ii) No portion of the funds referred to in \n                clause (i) may be used to offset funds made available \n                for the purposes referred to in clause (i) through \n                appropriations to the Operations, Research, and \n                Facilities account of the National Oceanic and \n                Atmospheric Administration.\n                    ``(B)(i) Funds transferred to the Marine Navigation \n                Safety Account pursuant to section 9505(e)(2)(B) of the \n                Internal Revenue Code of 1986 may be used for the \n                following purposes:\n                            ``(I) Conducting the operational aspects of \n                        the programs and activities referred to in \n                        paragraph (1).\n                            ``(II) Enabling, modernizing, enhancing, or \n                        expanding the capabilities of the National \n                        Oceanic and Atmospheric Administration to \n                        conduct the programs and activities referred to \n                        in paragraph (1).\n                    ``(ii) Not more than 50 percent of the funds \n                referred to in clause (i) may be used to offset funds \n                previously made available for the purposes referred to \n                in clause (i) through appropriations to the Operations, \n                Research and Facilities account of the National Oceanic \n                and Atmospheric Administration.''.","title":""}
+{"_id":"c276","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Mary Jo Lawyer Spano Mesothelioma \nPatient Registry Act of 2015''.\n\nSEC. 2. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH.\n\n    Title III of the Public Health Service Act is amended by inserting \nafter section 399V-5 of such Act (42 U.S.C. 280g-16) the following:\n\n``SEC. 399V-6. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND \n              RESEARCH.\n\n    ``(a) In General.--The Secretary, acting through the Administrator \nof the Agency for Toxic Substances and Disease Registry, shall develop \na patient registry to collect data on mesothelioma, including \ninformation with respect to the incidence and prevalence of the disease \nin the United States.\n    ``(b) Uses.--The Secretary shall use the registry under subsection \n(a)--\n            ``(1) to enhance and expand infrastructure and activities \n        for tracking the epidemiology of mesothelioma patients;\n            ``(2) to collect, consolidate, and report on health \n        information on patients who have been diagnosed with \n        mesothelioma, including with respect to--\n                    ``(A) treatment outcomes, including patient \n                longevity; and\n                    ``(B) the number of patients receiving treatment \n                for mesothelioma disaggregated by hospital;\n            ``(3) to better describe the incidence and prevalence of \n        mesothelioma in the United States;\n            ``(4) to facilitate further research on mesothelioma;\n            ``(5) to examine factors, such as environmental and \n        occupational factors, that may be associated with mesothelioma;\n            ``(6) to better outline key demographic factors (such as \n        age, race or ethnicity, gender, and family history) associated \n        with mesothelioma; and\n            ``(7) to make the information in such registry, other than \n        individually identifiable information, available to the public \n        to facilitate and enhance research on, and prevention and \n        treatment of, mesothelioma.\n    ``(c) Content.--In carrying out this section, the Secretary--\n            ``(1) shall provide for the collection and storage of \n        information on the incidence and prevalence of mesothelioma in \n        the United States;\n            ``(2) when scientifically possible, shall provide for the \n        collection and storage of other available information on \n        mesothelioma, such as information concerning--\n                    ``(A) demographics and other information associated \n                or possibly associated with mesothelioma, such as age, \n                race, ethnicity, sex, geographic location, and family \n                history;\n                    ``(B) risk factors associated or possibly \n                associated with mesothelioma, including genetic and \n                environmental risk factors; and\n                    ``(C) diagnosis and progression markers; and\n            ``(3) may provide for the collection and storage of \n        information relevant to analysis on mesothelioma, such as \n        information concerning--\n                    ``(A) the epidemiology of the disease;\n                    ``(B) the natural history of the disease;\n                    ``(C) the prevention of the disease;\n                    ``(D) the detection, management, and treatment \n                approaches for the disease; and\n                    ``(E) the development of outcomes measures.\n    ``(d) Consultation.--In carrying out this section, the Secretary \nshall consult with individuals with appropriate expertise, including \nnon-Federal mesothelioma experts including--\n            ``(1) epidemiologists with experience in disease \n        surveillance or registries;\n            ``(2) representatives of national voluntary associations \n        that focus on mesothelioma or have demonstrated experience in \n        research, care, or patient service for mesothelioma;\n            ``(3) health information technology experts or other \n        information management specialists;\n            ``(4) clinicians with expertise in mesothelioma; and\n            ``(5) research scientists with experience conducting \n        translational research or utilizing surveillance systems for \n        scientific research purposes.\n    ``(e) Coordination With Other Federal Agencies.--The Secretary \nshall make information in and analysis derived from the registry under \nthis section available, as appropriate, to Federal departments and \nagencies, such as the National Institutes of Health, the Food and Drug \nAdministration, the Centers for Medicare & Medicaid Services, the \nAgency for Healthcare Research and Quality, the Department of Veterans \nAffairs, and the Department of Defense.\n    ``(f) Public Access.--Subject to subsection (g), the Secretary \nshall make information in, and analysis derived from, the registry \nunder this section available, as appropriate, to the public, including \nresearchers.\n    ``(g) Privacy.--The Secretary shall ensure that privacy and \nsecurity protections applicable to the registry under this section are \nat least as stringent as the privacy and security protections under \nHIPAA privacy and security law (as defined in section 3009).\n    ``(h) Reports to Congress.--\n            ``(1) Initial report.--Not later than 18 months after the \n        date of enactment of the Mary Jo Lawyer Spano Mesothelioma \n        Patient Registry Act of 2015, the Secretary shall submit to the \n        Congress a report that--\n                    ``(A) shall outline--\n                            ``(i) the findings in the mesothelioma \n                        patient registry under subsection (a);\n                            ``(ii) future plans for expansion or \n                        revision of such registry; and\n                            ``(iii) the scope of such registry; and\n                    ``(B) may include a description of the activities \n                undertaken by the Secretary to establish partnerships \n                with research and patient advocacy communities to \n                expand such registry.\n            ``(2) Subsequent report.--Not later than 4 years after the \n        date of enactment of the Mary Jo Lawyer Spano Mesothelioma \n        Patient Registry Act of 2015, the Secretary shall submit a \n        report to the Congress concerning the implementation of this \n        section. Such report should include information on--\n                    ``(A) the development and maintenance of the \n                mesothelioma patient registry under subsection (a);\n                    ``(B) the type of information collected and stored \n                in the registry;\n                    ``(C) the use and availability of such information, \n                including guidelines for such use; and\n                    ``(D) the use and coordination of databases that \n                collect or maintain information on mesothelioma.''.","title":""}
+{"_id":"c277","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Meat and Poultry Products \nTraceability and Safety Act of 2003''.\n\nSEC. 2. TRACEABILITY OF LIVESTOCK AND POULTRY.\n\n    (a) Livestock.--Title I of the Federal Meat Inspection Act (21 \nU.S.C. 601 et seq.) is amended by adding at the end the following:\n\n``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS.\n\n    ``(a) Definition of Traceability.--In this section, the term \n`traceability' means the ability to retrieve the history, use, and \nlocation of an article through a recordkeeping and audit system or \nregistered identification.\n    ``(b) Requirements.--\n            ``(1) In general.--Cattle, sheep, swine, goats, and horses, \n        mules, and other equines presented for slaughter for human food \n        purposes, and the carcasses or parts of carcasses and the meat \n        and meat food products of those animals, shipped in interstate \n        commerce shall be identified in a manner that enables the \n        Secretary to trace--\n                    ``(A) each animal to any premises or other location \n                at which the animal was held at any time before \n                slaughter; and\n                    ``(B) each carcass or part of a carcass and meat \n                and meat food product of such animals forward from \n                slaughter through processing and distribution to the \n                ultimate consumer.\n            ``(2) Traceability system.--The Secretary shall establish a \n        traceability system for all stages of production, processing, \n        and distribution of meat and meat food products that are \n        produced through the slaughter of animals described in \n        paragraph (1).\n    ``(c) Prohibition or Restriction on Entry.--The Secretary may \nprohibit or restrict entry into any slaughtering establishment \ninspected under this Act of any cattle, sheep, swine, goats, or horses, \nmules, or other equines not identified as prescribed by the Secretary \nunder subsection (b).\n    ``(d) Records.--\n            ``(1) In general.--The Secretary may require that each \n        person, firm, and corporation required to identify livestock \n        pursuant to subsection (b) maintain accurate records, as \n        prescribed by the Secretary, regarding the purchase, sale, and \n        identification of the livestock.\n            ``(2) Access.--Each person, firm, and corporation described \n        in paragraph (1) shall, at all reasonable times, on notice by a \n        duly authorized representative of the Secretary, allow the \n        representative to access to each place of business of the \n        person, firm, or corporation to examine and copy the records \n        described in paragraph (1).\n            ``(3) Duration.--Each person, firm, and corporation \n        described in paragraph (1) shall maintain records required to \n        be maintained under this subsection for such period of time as \n        the Secretary prescribes.\n    ``(e) False Information.--No person, firm, or corporation shall \nfalsify or misrepresent to any other person, firm, or corporation, or \nto the Secretary, any information as to any premises at which any \ncattle, sheep, swine, goats, horses, mules, or other equines, or \ncarcasses thereof, were held.\n    ``(f) Alteration or Destruction of Records.--No person, firm, or \ncorporation shall, without authorization from the Secretary, alter, \ndetach, or destroy any records or other means of identification \nprescribed by the Secretary for use in determining the premises at \nwhich were held any cattle, sheep, swine, goats, horses, mules, or \nother equines, or the carcasses thereof.''.\n    (b) Poultry.--The Poultry Products Inspection Act is amended by \ninserting after section 23 (21 U.S.C. 467e) the following:\n\n``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS.\n\n    ``(a) Definition of Traceability.--In this section, the term \n`traceability' means the ability to retrieve the history, use, and \nlocation of an article through a recordkeeping and audit system or \nregistered identification.\n    ``(b) Requirements.--\n            ``(1) In general.--Poultry presented for slaughter for \n        human food purposes and poultry products shipped in interstate \n        commerce shall be identified in a manner that enables the \n        Secretary to trace--\n                    ``(A) each animal to any premises or other location \n                at which the animal was held at any time before \n                slaughter; and\n                    ``(B) each poultry product forward from slaughter \n                through processing and distribution to the ultimate \n                consumer.\n            ``(2) Traceability system.--The Secretary shall establish a \n        traceability system for all stages of production, processing, \n        and distribution of poultry and poultry food products that are \n        produced through the slaughter of animals described in \n        paragraph (1).\n    ``(c) Prohibition or Restriction on Entry.--The Secretary may \nprohibit or restrict entry into any slaughtering establishment \ninspected under this Act of any poultry not identified as prescribed by \nthe Secretary.\n    ``(d) Records.--\n            ``(1) In general.--The Secretary may require that each \n        person, firm, and corporation required to identify poultry \n        pursuant to subsection (b) maintain accurate records, as \n        prescribed by the Secretary, regarding the purchase, sale, and \n        identification of the poultry.\n            ``(2) Access.--Each person, firm, and corporation described \n        in paragraph (1) shall, at all reasonable times, on notice by a \n        duly authorized representative of the Secretary, allow the \n        representative to access to each place of business of the \n        person, firm, or corporation to examine and copy the records \n        described in paragraph (1).\n            ``(3) Duration.--Each person, firm, and corporation \n        described in paragraph (1) shall maintain records required to \n        be maintained under this subsection for such period of time as \n        the Secretary prescribes.\n    ``(e) False Information.--No person, firm, or corporation shall \nfalsify or misrepresent to any other person, firm, or corporation, or \nto the Secretary, any information as to any premises at which any \npoultry, or carcasses thereof, were held.\n    ``(f) Alteration or Destruction of Records.--No person, firm, or \ncorporation shall, without authorization from the Secretary, alter, \ndetach, or destroy any records or other means of identification \nprescribed by the Secretary for use in determining the premises at \nwhich were held any poultry or the carcasses thereof.''.","title":""}
+{"_id":"c278","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Medical Savings Account Availability \nAct of 2001''.\n\nSEC. 2. EXPANSION OF AVAILABILITY OF ARCHER MEDICAL SAVINGS ACCOUNTS.\n\n    (a) Repeal of Limitations on Number of Medical Savings Accounts.--\n            (1) In general.--Subsections (i) and (j) of section 220 of \n        the Internal Revenue Code of 1986 are hereby repealed.\n            (2) Conforming amendments.--\n                    (A) Paragraph (1) of section 220(c) of such Code is \n                amended by striking subparagraph (D).\n                    (B) Section 138 of such Code is amended by striking \n                subsection (f).\n    (b) Availability Not Limited to Accounts for Employees of Small \nEmployers and Self-Employed Individuals.--\n            (1) In general.--Subparagraph (A) of section 220(c)(1) of \n        such Code (relating to eligible individual) is amended to read \n        as follows:\n                    ``(A) In general.--The term `eligible individual' \n                means, with respect to any month, any individual if--\n                            ``(i) such individual is covered under a \n                        high deductible health plan as of the 1st day \n                        of such month, and\n                            ``(ii) such individual is not, while \n                        covered under a high deductible health plan, \n                        covered under any health plan--\n                                    ``(I) which is not a high \n                                deductible health plan, and\n                                    ``(II) which provides coverage for \n                                any benefit which is covered under the \n                                high deductible health plan.''.\n            (2) Conforming amendments.--\n                    (A) Section 220(c)(1) of such Code is amended by \n                striking subparagraph (C).\n                    (B) Section 220(c) of such Code is amended by \n                striking paragraph (4) (defining small employer) and by \n                redesignating paragraph (5) as paragraph (4).\n                    (C) Section 220(b) of such Code is amended by \n                striking paragraph (4) (relating to deduction limited \n                by compensation) and by redesignating paragraphs (5), \n                (6), and (7) as paragraphs (4), (5), and (6), \n                respectively.\n    (c) Increase in Amount of Deduction Allowed for Contributions to \nMedical Savings Accounts.--\n            (1) In general.--Paragraph (2) of section 220(b) of such \n        Code is amended to read as follows:\n            ``(2) Monthly limitation.--The monthly limitation for any \n        month is the amount equal to \\1\/12\\ of the annual deductible \n        (as of the first day of such month) of the individual's \n        coverage under the high deductible health plan.''.\n            (2) Conforming amendment.--Clause (ii) of section \n        220(d)(1)(A) of such Code is amended by striking ``75 percent \n        of''.\n    (d) Both Employers and Employees May Contribute to Medical Savings \nAccounts.--Paragraph (4) of section 220(b) of such Code (as \nredesignated by subsection (b)(2)(C)) is amended to read as follows:\n            ``(4) Coordination with exclusion for employer \n        contributions.--The limitation which would (but for this \n        paragraph) apply under this subsection to the taxpayer for any \n        taxable year shall be reduced (but not below zero) by the \n        amount which would (but for section 106(b)) be includible in \n        the taxpayer's gross income for such taxable year.''.\n    (e) Reduction of Permitted Deductibles Under High Deductible Health \nPlans.--\n            (1) In general.--Subparagraph (A) of section 220(c)(2) of \n        such Code (defining high deductible health plan) is amended--\n                    (A) by striking ``$1,500'' in clause (i) and \n                inserting ``$1,000''; and\n                    (B) by striking ``$3,000'' in clause (ii) and \n                inserting ``$2,000''.\n            (2) Conforming amendment.--Subsection (g) of section 220 of \n        such Code is amended to read as follows:\n    ``(g) Cost-of-Living Adjustment.--\n            ``(1) In general.--In the case of any taxable year \n        beginning in a calendar year after 1998, each dollar amount in \n        subsection (c)(2) shall be increased by an amount equal to--\n                    ``(A) such dollar amount, multiplied by\n                    ``(B) the cost-of-living adjustment determined \n                under section 1(f)(3) for the calendar year in which \n                such taxable year begins by substituting `calendar year \n                1997' for `calendar year 1992' in subparagraph (B) \n                thereof.\n            ``(2) Special rules.--In the case of the $1,000 amount in \n        subsection (c)(2)(A)(i) and the $2,000 amount in subsection \n        (c)(2)(A)(ii), paragraph (1)(B) shall be applied by \n        substituting `calendar year 2000' for `calendar year 1997'.\n            ``(3) Rounding.--If any increase under paragraph (1) or (2) \n        is not a multiple of $50, such increase shall be rounded to the \n        nearest multiple of $50.''.\n    (f) Providing Incentives for Preferred Provider Organizations To \nOffer Medical Savings Accounts.--Clause (ii) of section 220(c)(2)(B) of \nsuch Code is amended by striking ``preventive care if'' and all that \nfollows and inserting ``preventive care.''\n    (g) Medical Savings Accounts May Be Offered Under Cafeteria \nPlans.--Subsection (f) of section 125 of such Code is amended by \nstriking ``106(b),''.\n    (h) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2001.","title":""}
+{"_id":"c279","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Medicare Common Access Card Act of \n2017''.\n\nSEC. 2. MEDICARE SMART CARD PILOT PROGRAM.\n\n    Part E of title XVIII of the Social Security Act is amended by \ninserting after section 1866E the following new section:\n\n``SEC. 1866F. SMART CARD PILOT PROGRAM.\n\n    ``(a) Implementation.--\n            ``(1) In general.--Not later than 36 months after the date \n        of the enactment of this section, the Secretary shall establish \n        a pilot program (in this section referred to as the `pilot \n        program') to demonstrate the feasibility of using smart card \n        technology under this title.\n            ``(2) Smart card technology defined.--In this section, the \n        term `smart card technology' means the following:\n                    ``(A) Beneficiary smart card.--A machine readable, \n                fraud- and tamper-resistant card (in this section \n                referred to as a `smart card') that includes an \n                embedded integrated circuit chip with a secure micro-\n                controller that enables the verification and secure, \n                electronic authentication of the identity of a Medicare \n                beneficiary at the point of service through a \n                combination of the smart card and a personal \n                identification number known by or associated with such \n                beneficiary.\n                    ``(B) Card reader technology.--Information \n                technology that enables a supplier and provider to \n                authenticate the identity of a Medicare beneficiary \n                through presentation of such a smart card and such \n                components, with such authentication to be reflected \n                through the use of a modifier or in another appropriate \n                manner, as determined by the Secretary, in the claims \n                adjudication process.\n            ``(3) Program design elements.--The pilot program shall be \n        conducted for a period of 3 years consistent with the \n        following:\n                    ``(A) Selection of area.--In consultation with the \n                Inspector General of the Department of Health and Human \n                Services, the Secretary shall select at least 3 \n                geographic areas in which the pilot program will \n                operate.\n                    ``(B) Selection of supplier and provider types.--In \n                consultation with the Inspector General of the \n                Department of Health and Human Services, the Secretary \n                shall select supplier and provider types that will be \n                required to participate in the pilot program (referred \n                to in this section as `participating suppliers and \n                providers'). In selecting such supplier and provider \n                types, the Secretary shall--\n                            ``(i) take into account the risk of fraud, \n                        waste, and abuse (as described in section \n                        1886(j)(2)(B) with respect to the category of \n                        provider or supplier) and other factors as \n                        determined appropriate by the Secretary; and\n                            ``(ii) limit the pilot program to no more \n                        than 2,000 suppliers and providers.\n                    ``(C) Supplier and provider hardship exemptions.--\n                The Secretary shall exempt from participation in the \n                pilot program a supplier or provider that either--\n                            ``(i) does not have access to card reader \n                        technology (as described in paragraph (2)(B));\n                            ``(ii) does not have sufficient internet \n                        access; or\n                            ``(iii) has a low volume (as determined by \n                        the Secretary) of Medicare claims for which \n                        payment is made under this title.\n                    ``(D) Beneficiary smart card issuance.--The \n                Secretary shall provide for the issuance of beneficiary \n                smart cards described in paragraph (2)(A) to all \n                Medicare beneficiaries residing in a geographic area in \n                which the pilot program is conducted under subparagraph \n                (A). Information that appears on Medicare cards used \n                outside the pilot program may appear on the face of the \n                beneficiary smart card.\n                    ``(E) Information on operation of pilot program.--\n                The Secretary shall provide participating suppliers and \n                providers and Medicare beneficiaries who are furnished \n                items and services by such suppliers and providers, \n                with information on the operation of the pilot program, \n                including privacy protections described in subparagraph \n                (H).\n                    ``(F) Access to services outside the pilot \n                program.--\n                            ``(i) Beneficiaries.--Medicare \n                        beneficiaries who receive beneficiary smart \n                        cards may receive items and services care from \n                        suppliers and providers not participating in \n                        the pilot program.\n                            ``(ii) Suppliers and providers.--Suppliers \n                        and providers not participating in the pilot \n                        program may submit claims under this title for \n                        items and services furnished without use of \n                        smart card technology to Medicare beneficiaries \n                        who receive beneficiary smart cards.\n                    ``(G) Private sector implementation.--The Secretary \n                shall select, by using a competitive procurement, a \n                private sector contractor to implement and operate the \n                pilot program.\n                    ``(H) Privacy protections.--The Secretary shall \n                ensure that the pilot program complies with applicable \n                Federal laws, including regulations, concerning \n                individually identifiable health information, including \n                the Privacy Act of 1974 and regulations promulgated \n                under section 264(c) of the Health Insurance \n                Portability and Accountability Act of 1996 and such \n                individually identifiable information shall be exempt \n                from disclosure under section 552(b)(3) of title 5, \n                United States Code.\n                    ``(I) Mandatory participation.--Subject to \n                subparagraph (C), in the case of services furnished by \n                a provider or supplier included in a supplier or \n                provider type selected under subparagraph (B) in a \n                geographic area selected under subparagraph (A), \n                payment may only be made under this title for such \n                services during the period of the pilot program if the \n                provider or supplier is participating in the pilot \n                program.\n            ``(4) Definitions.--In this section:\n                    ``(A) The terms `supplier' and `provider' have the \n                meanings given the terms `supplier' and `provider of \n                services' in subsections (d) and (u), respectively, of \n                section 1861.\n                    ``(B) The term `Medicare beneficiary' means an \n                individual who is enrolled in the original Medicare \n                fee-for-service program under parts A and B and is not \n                enrolled in an MA plan under part C, an eligible \n                organization under section 1876, or a PACE program \n                under section 1894.\n                    ``(C) The term `Medicare claim' means a claim for \n                an item or service for which payment is made under this \n                title.\n    ``(b) Reports to Congress.--\n            ``(1) In general.--The Secretary shall submit to Congress \n        the following reports:\n                    ``(A) Initial design report.--Not later than 2 \n                years after the date of the enactment of this section, \n                a report that outlines the plan for implementation of \n                the pilot program.\n                    ``(B) Implementation report.--After implementation \n                of the pilot program, a report on the initial \n                implementation of the pilot program, including \n                parameters for operation of such program.\n                    ``(C) Interim performance report.--Not later than 2 \n                years after the date the pilot program is implemented, \n                an interim report on the performance of such program.\n                    ``(D) Final performance report.--Not later than 18 \n                months after the date of the completion of the pilot \n                program, a final report on the performance of such \n                program.\n            ``(2) Contents of certain reports.--The reports under \n        subparagraphs (C) and (D) of paragraph (1) shall include \n        information on the performance of the pilot program in \n        achieving its objectives and such recommendations regarding \n        expanding the duration and scope of such program as the \n        Secretary determines appropriate.\n    ``(c) Funding.--For purposes of conducting the pilot program, the \nSecretary shall provide for the transfer, from the Supplemental Medical \nInsurance Trust Fund under section 1841, to the Centers for Medicare & \nMedicaid Program Management Account, of $150,000,000, to be available \nuntil expended.''.","title":""}
+{"_id":"c28","text":"SECTION 1. FINDINGS.\n\n     The Congress finds that--\n            (1) the Russian Federation has adopted constitutional \n        protections and statutory and administrative procedures that \n        accord its citizens the right and opportunity to emigrate, free \n        of anything more than a nominal tax on emigration or on the \n        visas or other documents required for emigration and free of \n        any tax, levy, fine, fee, or other charge on any citizens as a \n        consequence of the desire of such citizens to emigrate to the \n        country of their choice or to return to the Russian Federation;\n            (2) the Russian Federation has been found to be in full \n        compliance with the freedom of emigration requirements under \n        title IV of the Trade Act of 1974 since 1994;\n            (3) the Russian Federation has taken important steps toward \n        the creation of democratic institutions and a free-market \n        economy and, as a participating state of the Organization for \n        Security and Cooperation in Europe (in this Act referred to as \n        the ``OSCE''), is committed to developing a system of \n        governance in accordance with the principles regarding human \n        rights and humanitarian affairs that are set forth in the Final \n        Act of the Conference on Security and Cooperation in Europe \n        (also known as the ``Helsinki Final Act'') and successive \n        documents;\n            (4) the Russian Federation is committed to addressing \n        issues relating to its national and religious minorities as a \n        participating state of the OSCE, to adopting measures to ensure \n        that persons belonging to national minorities have full \n        equality both individually and communally, and to respecting \n        the independence of minority religious communities, although \n        problems still exist regarding the registration of religious \n        groups, visa, and immigration requirements, and other laws, \n        regulations, and practices that interfere with the activities \n        or internal affairs of minority religious communities;\n            (5) the Russian Federation has enacted legislation \n        providing protection against discrimination or incitement to \n        violence against persons or groups based on national, racial, \n        ethnic, or religious discrimination, including anti-Semitism;\n            (6) the Russian Federation has committed itself, including \n        through exchanges of letters, to ensuring freedom of religion, \n        equal treatment of all religious groups, and combating racial, \n        ethnic, and religious intolerance and hatred, including anti-\n        Semitism;\n            (7) the Russian Federation has engaged in efforts to combat \n        ethnic and religious intolerance by cooperating with various \n        United States nongovernmental organizations;\n            (8) the Russian Federation is continuing the restitution of \n        religious properties, including religious and communal \n        properties confiscated from national and religious minorities \n        during the Soviet era, facilitating the reemergence of these \n        minority groups in the national life of the Russian Federation, \n        and has committed itself, including through exchanges of \n        letters, to continue the restitution of such properties;\n            (9) the Russian Federation has received normal trade \n        relations treatment since concluding a bilateral trade \n        agreement with the United States that entered into force on \n        June 17, 1992;\n            (10) the Russian Federation is making progress toward \n        accession to the World Trade Organization, recognizing that \n        many central issues remain to be resolved, including removal of \n        unjustified restrictions on agricultural products of the United \n        States, commitments relating to tariff reductions for goods, \n        trade in services, protection of intellectual property rights, \n        reform of the industrial energy sector, elimination of export \n        incentives for industrial goods, reform of customs procedures \n        and technical, sanitary, and phytosanitary measures, and \n        inclusion of trade remedy provisions;\n            (11) the Russian Federation has enacted some protections \n        reflecting internationally recognized labor rights, but serious \n        gaps remain both in the country's legal regime and its \n        enforcement record;\n            (12) the Russian Federation has provided constitutional \n        guarantees of freedom of the press, although infringements of \n        this freedom continue to occur; and\n            (13) the Russian Federation has demonstrated a strong \n        desire to build a friendly and cooperative relationship with \n        the United States.\n\nSEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 \n              TO THE RUSSIAN FEDERATION.\n\n    (a) Presidential Determinations and Extensions of Nondiscriminatory \nTreatment.--Notwithstanding any provision of title IV of the Trade Act \nof 1974 (19 U.S.C. 2431 et seq.), the President may--\n            (1) determine that such title should no longer apply to the \n        Russian Federation; and\n            (2) after making a determination under paragraph (1) with \n        respect to the Russian Federation, proclaim the extension of \n        nondiscriminatory treatment (normal trade relations treatment) \n        to the products of that country.\n    (b) Termination of Application of Title IV.--On and after the \neffective date of the extension under subsection (a)(2) of \nnondiscriminatory treatment to the products of the Russian Federation, \nchapter 1 of title IV of the Trade Act of 1974 shall cease to apply to \nthat country.\n\nSEC. 3. POLICY OF THE UNITED STATES.\n\n    It is the policy of the United States to remain fully committed to \na multifaceted engagement with the Russian Federation, including by--\n            (1) urging the Russian Federation to ensure that its \n        national, regional, and local laws, regulations, practices, and \n        policies fully, and in conformity with the standards of the \n        OSCE--\n                    (A) provide for the free emigration of its \n                citizens;\n                    (B) safeguard religious liberty throughout the \n                Russian Federation, including by ensuring that the \n                registration of religious groups, visa and immigration \n                requirements, and other laws, regulations, and \n                practices are not used to interfere with the activities \n                or internal affairs of minority religious communities;\n                    (C) enforce and enhance existing Russian laws at \n                the national and local levels to combat ethnic, \n                religious, and racial discrimination and related \n                violence;\n                    (D) expand the restitution of religious and \n                communal properties, including by establishing a legal \n                framework for the timely completion of such \n                restitution; and\n                    (E) respect fully freedom of the press;\n            (2) working with the Russian Federation, including through \n        the Secretary of Labor and other appropriate executive branch \n        officials, to address the issues described in section 1(11); \n        and\n            (3) continuing rigorous monitoring by the United States of \n        human rights issues in the Russian Federation, including the \n        issues described in paragraphs (1) and (2), providing \n        assistance to nongovernmental organizations and human rights \n        groups involved in human rights activities in the Russian \n        Federation, and promoting annual discussions and ongoing dialog \n        with the Russian Federation regarding those issues, including \n        the participation of United States and Russian nongovernmental \n        organizations in such discussions.\n\nSEC. 4. REPORTING REQUIREMENT.\n\n     The reports required by sections 102(b) and 203 of the \nInternational Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and \n6433) shall include an assessment of the status of the issues described \nin subparagraphs (A) through (D) of section 3(1).\n\nSEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 17, 1992, \n              BILATERAL TRADE AGREEMENT.\n\n    (a) Finding.--The Congress finds that the trade agreement between \nthe United States and the Russian Federation that entered into force on \nJune 17, 1992, remains in force between the 2 countries and provides \nthe United States with important rights, including the right to use \nspecific safeguard rules to respond to import surges from the Russian \nFederation.\n    (b) Applicability of Safeguard.--Section 421 of the Trade Act of \n1974 (19 U.S.C. 2451) shall apply to the Russian Federation to the same \nextent as such section applies to the People's Republic of China.\n\nSEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION \n              NEGOTIATIONS.\n\n    (a) Notice of Agreement on Accession to WTO by Russian \nFederation.--Not later than 5 days after the date on which the United \nStates has entered into a bilateral agreement with the Russian \nFederation on the terms of accession by the Russian Federation to the \nWorld Trade Organization, the President shall so notify the Congress, \nand the President shall transmit to the Congress, not later than 15 \ndays after that agreement is entered into, a report that sets forth the \nprovisions of that agreement.\n    (b) Resolution of Disapproval.--\n            (1) Introduction.--If a resolution of disapproval is \n        introduced in the House of Representatives or the Senate during \n        the 30-day period (not counting any day which is excluded under \n        section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)), \n        beginning on the date on which the President first notifies the \n        Congress under subsection (a) of the agreement referred to in \n        that subsection, that resolution of disapproval shall be \n        considered in accordance with this subsection.\n            (2) Resolution of disapproval.--In this subsection, the \n        term ``resolution of disapproval'' means only a joint \n        resolution of the two Houses of the Congress, the matter after \n        the resolving clause of which is as follows: ``That the \n        Congress does not approve the agreement between the United \n        States and the Russian Federation on the terms of accession by \n        the Russian Federation to the World Trade Organization, of \n        which Congress was notified on ____.'', with the blank space \n        being filled with the appropriate date.\n            (3) Procedures for considering resolutions.--\n                    (A) Introduction and referral.--Resolutions of \n                disapproval--\n                            (i) in the House of Representatives--\n                                    (I) may be introduced by any Member \n                                of the House;\n                                    (II) shall be referred to the \n                                Committee on Ways and Means and, in \n                                addition, to the Committee on Rules; \n                                and\n                                    (III) may not be amended by either \n                                Committee; and\n                            (ii) in the Senate--\n                                    (I) may be introduced by any Member \n                                of the Senate;\n                                    (II) shall be referred to the \n                                Committee on Finance; and\n                                    (III) may not be amended.\n                    (B) Committee discharge and floor consideration.--\n                The provisions of subsections (c) through (f) of \n                section 152 of the Trade Act of 1974 (19 U.S.C. 2192(c) \n                through (f)) (relating to committee discharge and floor \n                consideration of certain resolutions in the House and \n                Senate) apply to a resolution of disapproval to the \n                same extent as such subsections apply to resolutions \n                under such section.\n    (c) Rules of House of Representatives and Senate.--Subsection (b) \nis enacted by the Congress--\n            (1) as an exercise of the rulemaking power of the House of \n        Representatives and the Senate, respectively, and as such are \n        deemed a part of the rules of each House, respectively, and \n        such procedures supersede other rules only to the extent that \n        they are inconsistent with such other rules; and\n            (2) with the full recognition of the constitutional right \n        of either House to change the rules (so far as relating to the \n        procedures of that House) at any time, in the same manner, and \n        to the same extent as any other rule of that House.","title":""}
+{"_id":"c280","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Medicare Drug Formulary Protection \nAct''.\n\nSEC. 2. REMOVAL OF COVERED PART D DRUGS FROM THE PRESCRIPTION DRUG PLAN \n              FORMULARY.\n\n    (a) Limitation on Removal or Change of Covered Part D Drugs From \nthe Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the \nSocial Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read \nas follows:\n                    ``(E) Removing a drug from formulary or imposing a \n                restriction or limitation on coverage.--\n                            ``(i) Limitation on removal, limitation, or \n                        restriction.--\n                                    ``(I) In general.--Subject to \n                                subclause (II) and clause (ii), \n                                beginning with 2006, the PDP sponsor of \n                                a prescription drug plan may not remove \n                                a covered part D drug from the plan \n                                formulary or impose a restriction or \n                                limitation on the coverage of such a \n                                drug (such as through the application \n                                of a preferred status, usage \n                                restriction, step therapy, prior \n                                authorization, or quantity limitation) \n                                other than at the beginning of each \n                                plan year except as the Secretary may \n                                permit to take into account new \n                                therapeutic uses and newly covered part \n                                D drugs.\n                                    ``(II) Special rule for newly \n                                enrolled individuals.--Subject to \n                                clause (ii), in the case of an \n                                individual who enrolls in a \n                                prescription drug plan on or after the \n                                date of enactment of this subparagraph, \n                                the PDP sponsor of such plan may not \n                                remove a covered part D drug from the \n                                plan formulary or impose a restriction \n                                or limitation on the coverage of such a \n                                drug (such as through the application \n                                of a preferred status, usage \n                                restriction, step therapy, prior \n                                authorization, or quantity limitation) \n                                during the period beginning on the date \n                                of such enrollment and ending on \n                                December 31 of the immediately \n                                succeeding plan year except as the \n                                Secretary may permit to take into \n                                account new therapeutic uses and newly \n                                covered part D drugs.\n                            ``(ii) Exceptions to limitation on \n                        removal.--Clause (i) shall not apply with \n                        respect to a covered part D drug that--\n                                    ``(I) is a brand name drug for \n                                which there is a generic drug approved \n                                under section 505(j) of the Food and \n                                Drug Cosmetic Act (21 U.S.C. 355(j)) \n                                that is placed on the market during the \n                                period in which there are limitations \n                                on removal or change in the formulary \n                                under subclause (I) or (II) of clause \n                                (i);\n                                    ``(II) is a brand name drug that \n                                goes off-patent during such period;\n                                    ``(III) is a drug for which the \n                                Commissioner of Food and Drugs issues a \n                                clinical warning that imposes a \n                                restriction or limitation on the drug \n                                during such period; or\n                                    ``(IV) has been determined to be \n                                ineffective during such period.\n                            ``(iii) Notice of removal under application \n                        of exception to limitation.--The PDP sponsor of \n                        a prescription drug plan shall provide \n                        appropriate notice (such as under subsection \n                        (a)(3)) of any removal or change under clause \n                        (ii) to the Secretary, affected enrollees, \n                        physicians, pharmacies, and pharmacists.''.\n    (b) Notice for Change in Formulary and Other Restrictions or \nLimitations on Coverage.--\n            (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C. \n        1395w-104(a)) is amended by adding at the end the following new \n        paragraph:\n            ``(5) Annual notice of changes in formulary and other \n        restrictions or limitations on coverage.--Each PDP sponsor \n        offering a prescription drug plan shall furnish to each \n        enrollee at the time of each annual coordinated election period \n        (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year \n        a notice of any changes in the formulary or other restrictions \n        or limitations on coverage of a covered part D drug under the \n        plan that will take effect for the plan year.''.\n            (2) Effective date.--The amendment made by paragraph (1) \n        shall apply to annual coordinated election periods beginning \n        after the date of the enactment of this Act.","title":""}
+{"_id":"c281","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Medicare Dual Eligible Prescription \nDrug Coverage Act of 2005''.\n\nSEC. 2. FINDINGS.\n\n    The Senate finds the following:\n            (1) Individuals who are dually eligible for benefits under \n        the medicare program and full benefits under the medicaid \n        program--\n                    (A) are among the most vulnerable populations in \n                our society; and\n                    (B) require adequate outreach, education, and \n                timing in order to adjust to changes in our health care \n                delivery system.\n            (2) The transition of 6,400,000 dual eligibles from \n        prescription drug coverage under the medicaid program to \n        prescription drug coverage under part D of the medicare program \n        is the largest transition ever of individuals from one \n        insurance program to another.\n            (3) In its June 2004 report to Congress, the Medicare \n        Payment Advisory Commission (MedPAC) suggested that large, \n        private employers with 75,000 employees or less need at least 6 \n        months to transition their employees' drug coverage from one \n        pharmacy benefit management company to another such company. \n        The States and the Federal Government are taking on a far more \n        complex task with 6,400,000 dual eligibles having to make the \n        transition described in paragraph (2).\n            (4) Timely access to prescription drugs leads to higher \n        quality of life and prevents avoidable emergency room visits, \n        hospitalizations, and premature nursing home placements.\n            (5) Since even a short-term gap in prescription drug \n        coverage could have serious health consequences for dual \n        eligibles, Congress must work to guarantee as smooth a \n        transition as possible for dual eligibles so that no dual \n        eligible is without prescription drug coverage even for one \n        day.\n\nSEC. 3. CONTINUING STATE COVERAGE OF MEDICAID PRESCRIPTION DRUG \n              COVERAGE TO MEDICARE DUAL ELIGIBLE BENEFICIARIES FOR 6 \n              MONTHS.\n\n    (a) Six-Month Transition.--For prescriptions filled during the \nperiod beginning on January 1, 2006, and ending on June 30, 2006, \nsection 1935(d) of the Social Security Act (42 U.S.C. 1396u-5(d)) shall \nnot apply and, notwithstanding any other provision of law, a State (as \ndefined for purposes of title XIX of such Act) shall continue to \nprovide (and receive Federal financial participation for) medical \nassistance under such title with respect to prescription drugs as if \nsuch section 1935(d) had not been enacted.\n    (b) Application.--\n            (1) Medicare as primary payer.--Nothing in subsection (a) \n        shall be construed as changing or affecting the primary payer \n        status of a prescription drug plan or an MA-PD plan under part \n        D of title XVIII of the Social Security Act with respect to \n        prescription drugs furnished to any full-benefit dual eligible \n        individual (as defined in section 1935(c)(6) of such Act (42 \n        U.S.C. 1396u-5(c)(6)) during the 6-month period described in \n        such subsection.\n            (2) Third party liability.--Nothing in subsection (a) shall \n        be construed as limiting the authority or responsibility of a \n        State under section 1902(a)(25) of the Social Security Act (42 \n        U.S.C. 1396a(a)(25)) to seek reimbursement from a prescription \n        drug plan, an MA-PD plan, or any other third party, of the \n        costs incurred by the State in providing prescription drug \n        coverage described in such subsection.\n\nSEC. 4. DELAY IN IMPLEMENTATION OF MEDICAID CLAWBACK PAYMENTS.\n\n    Notwithstanding section 1935(c) of the Social Security Act (42 \nU.S.C. 1396u-5(c)), a State or the District of Columbia shall not be \nrequired to provide for a payment under such section to the Secretary \nof Health and Human Services for any month prior to July 1, 2006.\n\nSEC. 5. EDUCATION AND OUTREACH TO DUAL ELIGIBLES REGARDING PRESCRIPTION \n              DRUG COVERAGE AND MONITORING OF THE TRANSITION OF DUAL \n              ELIGIBLES TO PRESCRIPTION DRUG COVERAGE UNDER MEDICARE.\n\n    (a) MMA Amounts.--Notwithstanding any other provision of law, of \nthe amounts appropriated for the Centers for Medicare & Medicaid \nServices under section 1015(a)(1) of the Medicare Prescription Drug, \nImprovement, and Modernization Act of 2003 (Public Law 108-173; 117 \nStat. 2446), the following rules shall apply:\n            (1) Education and outreach to duals.--$100,000,000 shall be \n        used to provide education and outreach, including through one-\n        on-one counseling and application assistance, to full-benefit \n        dual eligible individuals (as defined in section 1935(c)(6) of \n        the Social Security Act (42 U.S.C. 1396u-5(c)(6))) regarding \n        prescription drug coverage under part D of title XVIII of such \n        Act. Of such amount--\n                    (A) at least $20,000,000 (but in no case more than \n                $50,000,000) shall be used to award grants to States \n                under section 4360 of the Omnibus Budget Reconciliation \n                Act of 1990 (42 U.S.C. 1395b-4) to provide such \n                education and outreach; and\n                    (B) the remaining amount shall be used to provide \n                funding to community-based organizations that work with \n                full-benefit dual eligible individuals (as so defined) \n                in order to provide such education and outreach.\n            (2) Monitoring impact on duals.--\n                    (A) In general.--$50,000,000 shall be used by the \n                Centers for Medicare & Medicaid Services, in \n                consultation with the Centers for Disease Control and \n                Prevention, the Administration on Aging, and the Social \n                Security Administration, to develop and implement a \n                standardized protocol to collect data from health \n                departments and other sources in 10 representative \n                urban and rural communities on the impact of the \n                transition of full benefit dual eligible individuals \n                (as so defined) from prescription drug coverage under \n                the medicaid program to prescription drug coverage \n                under part D of the medicare program. Such protocol \n                shall be implemented by not later than July 1, 2005.\n                    (B) Monitoring.--The protocol developed under \n                subparagraph (A) shall include for the monitoring of \n                the following information with respect to such full \n                benefit dual eligible individuals:\n                            (i) Emergency room visit rates.\n                            (ii) Hospitalization rates.\n                            (iii) Nursing home placement rates.\n                            (iv) Deaths.\n                    (C) Collection by pdps and ma-pds.--The protocol \n                developed under subparagraph (A) shall require that \n                such data be collected by the prescription drug plans \n                and the MA-PDs in which the individuals are enrolled \n                and include information on race and ethnicity.\n                    (D) Reports.--Not later than January 1, 2006, and \n                July 1, 2006, the Administrator of the Centers for \n                Medicare & Medicaid Services, in consultation with the \n                Centers for Disease Control and Prevention, the \n                Administration on Aging, and the Social Security \n                Administration, shall submit a report to Congress on \n                the implementation of the protocol under subparagraph \n                (A).\n    (b) New Amounts.--There are appropriated to the Secretary of Health \nand Human Services, to be transferred from the Federal Hospital \nInsurance Trust Fund and the Federal Supplementary Medical Insurance \nTrust Fund, for fiscal year 2005 and each subsequent fiscal year, an \namount not to exceed $50,000,000 (or if greater, an amount equal to $1 \nmultiplied by the number of individuals entitled to benefits under part \nA of title XVIII of the Social Security Act or enrolled under part B of \nsuch title for the year) in order to award grants to States under \nsection 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 \nU.S.C. 1395b-4).\n    (c) Extension of Availability of Amounts Appropriated Under MMA.--\nSection 1015(b) of the Medicare Prescription Drug, Improvement, and \nModernization Act of 2003 (Public Law 108-173; 117 Stat. 2446) is \namended by striking ``September 30, 2005'' and inserting ``September \n30, 2006''.\n\nSEC. 6. COLLECTION AND SHARING OF DUAL ELIGIBLE DRUG UTILIZATION DATA.\n\n    (a) In General.--Section 1860D-42 of the Social Security Act (42 \nU.S.C. 1395w-152) is amended by adding at the end the following new \nsubsection:\n    ``(c) Collection and Sharing of Dual Eligible Drug Utilization \nData.--\n            ``(1) Plan requirement.--A PDP sponsor of a prescription \n        drug plan and an MA organization offering an MA-PD plan shall \n        submit to the Secretary such information regarding the drug \n        utilization of enrollees in such plans who are full-benefit \n        dual eligible individuals (as defined in section 1935(c)(6)) as \n        the Secretary determines appropriate to carry out paragraph \n        (2).\n            ``(2) Collection and sharing of data.--The Secretary shall \n        collect data on the drug utilization of full-benefit dual \n        eligible individuals (as so defined). The Secretary shall share \n        such data with the States and the District of Columbia in as \n        close to a real-time basis as possible.''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect as if included in the enactment of section 101(a) of the \nMedicare Prescription Drug, Improvement, and Modernization Act of 2003 \n(Public Law 108-173; 117 Stat. 2071).\n\nSEC. 7. GAO STUDY ON THE CLAWBACK FORMULA.\n\n    (a) Study.--\n            (1) In general.--The Comptroller General of the United \n        States shall conduct a study on the clawback formula contained \n        in section 1935(c) of the Social Security Act (42 U.S.C. 1396u-\n        5(c)), as added by section 103(b) of the Medicare Prescription \n        Drug, Improvement, and Modernization Act of 2003 (Public Law \n        108-173; 117 Stat. 2155).\n            (2) Requirements.--The study conducted under paragraph (1) \n        shall include a full examination of--\n                    (A) disincentives for States to enroll full-benefit \n                dual eligible individuals (as defined in section \n                1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-\n                5(c)(6))) in the medicaid program or part D of title \n                XVIII of the Social Security Act;\n                    (B) the 6-month delay in States receiving rebate \n                data;\n                    (C) the prescription drug cost containment measures \n                implemented by States after 2003; and\n                    (D) issues relating to States having to pay more \n                for prescription drug coverage for full benefit dual \n                eligible individuals (as so defined) than they \n                otherwise would have if the Medicare Prescription Drug, \n                Improvement, and Modernization Act of 2003 (Public Law \n                108-173; 117 Stat. 2066 et seq.) had not been enacted.\n    (b) Report.--Not later than April 1, 2006, the Comptroller General \nof the United States shall submit to Congress a report on the study \nconducted under subsection (a) together with such recommendations as \nthe Comptroller General determines appropriate.","title":""}
+{"_id":"c282","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Medicare Fracture Prevention and \nOsteoporosis Testing Act of 2007''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Since 1997, Congress has recognized the importance of \n        osteoporosis prevention by standardizing reimbursement under \n        the Medicare program for bone mass measurement.\n            (2) One decade later, osteoporosis remains underdiagnosed \n        and untreated despite numerous Federal initiatives, including \n        recommendations of the United States Preventive Services Task \n        Force, the 2004 United States Surgeon General's Report on Bone \n        Health and Osteoporosis, and inclusion of bone mass measurement \n        in the Welcome to Medicare exam.\n            (3) Even though osteoporosis is a highly manageable \n        disease, many patients lack access to early diagnosis that can \n        prevent debilitating fractures, morbidity, and loss of \n        mobility.\n            (4) Although Caucasians are most likely to sustain \n        osteoporosis fractures, the cost of fractures among the \n        nonwhite population is projected to increase by as much as 180 \n        percent over the next 20 years.\n            (5) Black women are more likely than White women to die \n        following a hip fracture.\n            (6) Osteoporosis is a critical women's health issue. Women \n        account for 71 percent of fractures and 75 percent of \n        osteoporosis-associated costs.\n            (7) The World Health Organization, the Centers for Medicare \n        & Medicaid Services, and other medical experts concur that the \n        most widely accepted method of measuring bone mass to predict \n        fracture risk is dual-energy x-ray absorptiometry (in this Act \n        referred to as ``DXA''). Vertebral fracture assessment (in this \n        Act referred to as ``VFA'') is another test used to identify \n        patients at high risk for future fracture.\n            (8) Unlike other imaging procedures, bone mass measurement \n        testing remains severely underutilized with less than 20 \n        percent of eligible Medicare beneficiaries taking advantage of \n        the benefit.\n            (9) Underutilization of bone mass measurement will strain \n        the Medicare budget because--\n                    (A) 55 percent of the people age 50 and older in \n                2002 had osteoporosis or low bone mass;\n                    (B) more than 61,000,000 people in the United \n                States are projected to have osteoporosis or low bone \n                mass in 2020, as compared to 43,000,000 in 2002;\n                    (C) osteoporosis fractures are projected to \n                increase by almost 50 percent over the next 2 decades \n                with at least 3,000,000 fractures expected to occur \n                annually by 2025;\n                    (D) the population aged 65 and older represents 89 \n                percent of fracture costs; and\n                    (E) the economic burden of osteoporosis fractures \n                are projected to increase by 50 percent over the next 2 \n                decades, reaching $25,300,000,000 in 2025.\n            (10) Underutilization of bone mass measurement will also \n        strain the Medicaid budget, which funds treatment for \n        osteoporosis in low-income Americans.\n            (11) Reimbursement under the Medicare program for DXA \n        provided in physician offices and other non-hospital settings \n        was reduced by 40 percent and will be reduced by a total of 75 \n        percent by 2010. This drop represents one of the largest \n        reimbursement reductions in the history of the Medicare \n        program. Reimbursement for VFA will also be reduced by 50 \n        percent by 2010.\n            (12) The reduction in reimbursement discourages physicians \n        from continuing to provide access to DXA or VFA in their \n        offices. Since two-thirds of all DXA scans are performed in \n        nonfacility settings, such as physician offices, patient access \n        to bone mass measurement will be severely compromised when \n        physicians discontinue providing those tests in their offices, \n        thereby exacerbating the current underutilization of the \n        benefit.\n\nSEC. 3. MINIMUM PAYMENT FOR BONE MASS MEASUREMENT.\n\n    (a) In General.--Section 1848(b) of the Social Security Act (42 \nU.S.C. 1395w-4(b)) is amended by adding at the end the following:\n            ``(5) Treatment of bone mass scans.--Notwithstanding the \n        provisions of paragraph (1), the Secretary shall establish a \n        national minimum payment amount for CPT code 77080 (relating to \n        dual-energy x-ray absorptiometry) and CPT code 77082 (relating \n        to vertebral fracture assessment), and any successor to such \n        codes as identified by the Secretary. Such minimum payment \n        amount shall not be less than 100 percent of the reimbursement \n        rates in effect for such codes (or predecessor codes) on \n        December 31, 2006.''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \napply to bone mass measurement furnished on or after January 1, 2008.\n\nSEC. 4. STUDY AND REPORT BY THE INSTITUTE OF MEDICINE.\n\n    (a) In General.--The Secretary of Health and Human Services shall \nenter into an arrangement with the Institute of Medicine of the \nNational Academies to conduct a study on the following:\n            (1) The ramifications of Medicare reimbursement reductions \n        for DXA and VFA on beneficiary access to bone mass measurement \n        benefits in general and in rural and minority communities \n        specifically.\n            (2) Methods to increase use of bone mass measurement by \n        Medicare beneficiaries.\n    (b) Report.--The agreement entered into under subsection (a) shall \nprovide for the Institute of Medicine to submit to the Secretary and \nthe Congress, not later than 1 year after the date of the enactment of \nthis Act, a report containing a description of the results of the study \nconducted under such subsection and the conclusions and recommendations \nof the Institute of Medicine regarding each of the issues described in \nparagraphs (1) and (2) of such subsection.","title":""}
+{"_id":"c283","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Medicare Patient Safeguards Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) The 2009 Medicare Trustees Report estimates that \n        Medicare spending could grow from 3.2 percent of the U.S. \n        economy to 11.4 percent during the next 75 years and warns of \n        the significant cost burden growth of this magnitude would \n        place on workers, Medicare beneficiaries, and the Federal \n        budget.\n            (2) In 2009, Congress provided $1,150,000,000 for \n        comparative effectiveness research, including cost-\n        effectiveness analysis.\n            (3) The Medicare Payment and Advisory Commission suggested \n        that the Centers for Medicare & Medicaid Services use cost \n        effectiveness analysis to look at groups of services used to \n        treat specific illnesses that have small differences in quality \n        but large differences in cost.\n            (4) MedPAC has reported concerns that the rigid use of cost \n        effectiveness analysis might limit Medicare beneficiaries' \n        access to certain services, ration rather than promote \n        appropriate care, slow innovation, and interfere with the \n        practice of medicine.\n            (5) MedPAC has listed methodological and reporting \n        shortcomings of cost effectiveness analysis, including not \n        using all available clinical evidence, not sufficiently \n        reporting on the extent to which the results are applicable to \n        the general population, selectively reporting results, and \n        placing undue emphasis on certain results of such analysis.\n            (6) While serving as the head of Congressional Budget \n        Office, White House Budget director Peter Orszag said \n        determining which treatment was most cost effective for a given \n        population would involve placing a dollar value on an \n        additional year of life.\n            (7) While serving as the head of Congressional Budget \n        Office, White House Budget director Peter Orszag suggested the \n        possibility of limiting Medicare coverage for more effective \n        but more expensive services.\n            (8) CMS recently described cost effectiveness analysis \n        expertise as one of its most critical needs to Medicare \n        Evidence Development & Coverage Advisory Committee, which \n        advises CMS on national coverage determinations (NCDs).\n            (9) CMS, through proposed rule making, has twice failed in \n        attempts to formally incorporate cost effectiveness analysis \n        into NCDs.\n            (10) CMS officials report that the agency considers \n        potential cost savings before deciding to make changes to a NCD \n        that narrows coverage under the Medicare program.\n            (11) AARP has stated that comparative effectiveness \n        research is intended to help consumers and providers determine \n        the best treatment, not just the least costly treatment. AARP \n        warned that this information from comparative effectiveness \n        research should not be used as a means to deny individuals \n        access to appropriate therapeutic options.\n            (12) The Congressional Black Caucus, focusing in particular \n        on the exacerbating of health inequities across subpopulation \n        groups, expressed concerns that comparative effectiveness \n        research should not be used as rationale for limiting care to \n        the care that works best for the average patient, rather than \n        providing coverage for the care that works best for each \n        individual patient.\n            (13) Congressional New Democrats--\n                    (A) argued that any application of comparative \n                effectiveness research must protect against the use of \n                this research to deny access to care solely based on \n                cost; and\n                    (B) urged Congress to ensure that clinical \n                effectiveness and medical outcomes are the focus of \n                comparative effectiveness research funding.  \n            (14) The American Heart Association--\n                    (A) urges Congress to include patient safeguards in \n                legislation to prevent the misuse of cost effectiveness \n                analysis; and\n                    (B) argues that the primary focus of comparative \n                effectiveness research should be optimizing clinical \n                outcomes and value for patients and society and not for \n                the purpose of minimizing costs.\n\nSEC. 3. SENSE OF CONGRESS.\n\n    It is the sense of the Congress that--\n            (1) efforts to make the Medicare program financially \n        sustainable, including the application of comparative \n        effectiveness research, should not--\n                    (A) deprive patients of medically necessary care \n                solely due to the cost of such care; or\n                    (B) limit access to needed health care services due \n                to a patient's age, gender, ethnicity, or disability \n                status; and\n            (2) Congress should protect patients' access to needed care \n        by ensuring that the Administrator of CMS relies on adequate \n        clinical expertise when the Administrator proposes to narrow \n        coverage for a product or service under the Medicare program \n        under title XVIII of the Social Security Act.\n\nSEC. 4. PROCESS FOR CERTAIN NATIONAL COVERAGE DETERMINATIONS.\n\n    (a) Requirements for the Issuance of Certain Medicare National \nCoverage Determinations.--Unless all of the conditions under subsection \n(b) are met, the Administrator may not issue a final national coverage \ndetermination (referred to in this Act as a NCD)--\n            (1) if the NCD restricts local or national coverage for an \n        item or service that, before the date of the issuance of such \n        NCD, was routinely covered under the Medicare program under \n        title XVIII of the Social Security Act;\n            (2) if the NCD would result in significant cost savings for \n        the Medicare program;\n            (3) if there is controversy in the available peer-reviewed \n        medical and scientific literature about the evidence supporting \n        the NCD;\n            (4) if the NCD restricts local or national coverage for an \n        item or service that--\n                    (A) is supported by current clinical practice \n                guidelines--\n                            (i) included in the National Guideline \n                        Clearinghouse maintained by the Agency for \n                        Healthcare Research and Quality; or\n                            (ii) maintained by a State medical society; \n                        or\n                    (B) is endorsed by the National Quality Forum or by \n                another national organization that evaluates voluntary \n                consensus-based provides quality measures and is \n                designated by the Secretary for purposes of making an \n                endorsement under this subparagraph; or\n            (5) if the Administrator determines that--\n                    (A) significant differences in opinion exist among \n                experts concerning--\n                            (i) what evidence should be reviewed in \n                        developing the NCD; or\n                            (ii) how data should be interpreted for \n                        purposes of developing the NCD; and\n                    (B) an independent analysis of the evidence and \n                data analysis would be valuable in developing the final \n                NCD.\n    (b) Required Conditions.--The conditions under this subsection are \nas follows:\n            (1) Request for review.--Before the start of the public \n        comment period for a proposed NCD that contains all the \n        restrictions on the coverage of products and services included \n        in the final NCD, the Administrator makes a formal request to \n        MEDCAC for a review of the scientific and clinical evidence \n        supporting and opposing the NCD.\n            (2) MEDCAC review subcommittee.--\n                    (A) In general.--MEDCAC convenes a subcommittee \n                to--\n                            (i) review the evidence supporting the \n                        proposed NCD (including clinical practice \n                        guidelines published by medical specialty \n                        societies), taking into account--\n                                    (I) the evidence related to \n                                subpopulations of beneficiaries \n                                (including men, women, racial and \n                                ethnic minorities, the elderly, \n                                individuals with disabilities, and \n                                individuals with genetic variations); \n                                and\n                                    (II) the extent to which patient \n                                preference is a factor in the use of \n                                the item or service that is the subject \n                                of the NCD;\n                            (ii) conduct an evaluation of the clinical \n                        and scientific evidence relating to the \n                        clinical benefits and risks of a technology \n                        affected by such NCD; and\n                            (iii) determine if the NCD will limit the \n                        access of Medicare beneficiaries to medically \n                        necessary care.\n                    (B) Membership.--The subcommittee under \n                subparagraph (A) shall have 15 members, each of whom--\n                            (i) shall be a clinical expert in the \n                        medical specialty or specialties that are most \n                        relevant to the topic of the NCD; and\n                            (ii) to the extent feasible, shall have \n                        expertise in the development of clinical \n                        practice guidelines.\n                    (C) Outside experts allowed.--MEDCAC may include \n                individuals who are not members of MEDCAC in the \n                membership of the subcommittee convened under \n                subparagraph (A).\n            (3) Subcommittee comment.--\n                    (A) In general.--Not later than the last day of the \n                period under paragraph (1), the subcommittee convened \n                under paragraph (3)(A) shall submit to the \n                Administrator a public comment on the NCD that contains \n                an evaluation of whether--\n                            (i) the NCD is appropriate based on the \n                        subcommittee's activities under paragraph \n                        (2)(A);\n                            (ii) the NCD is consistent with clinical \n                        guidelines;\n                            (iii) the NCD would adversely impact the \n                        access of subpopulations to items or services \n                        which may benefit such subpopulations; or\n                            (iv) the NCD would adversely impact access \n                        to treatment options that are primarily \n                        selected by patients, with their physicians, \n                        based on patient preference and quality of life \n                        criteria.\n                    (B) Ncds that prevent access to care.--If MEDCAC \n                determines that the proposed NCD could prevent Medicare \n                patients from receiving medically necessary care, the \n                MEDCAC panel shall include in such public comment a \n                recommendation that the proposed NCD not be issued as a \n                final NCD.\n    (c) Restriction on Additional Limitation on Coverage.--The \nAdministrator may not issue a final NCD that contains any restrictions \non the coverage of products and services that were not included in the \nproposed NCD reviewed under subsection (b).\n    (d) Construction.--Nothing in this Act shall be construed as \npreventing a Medicare beneficiary from using private funds to purchase \nsupplemental health insurance coverage or to directly purchase \nmedically necessary care.\n\nSEC. 5. DEFINITIONS.\n\n    For purposes of this Act:\n            (1) Administrator.--The term ``Administrator'' means the \n        Administrator of CMS.\n            (2) CMS.--The term ``CMS'' means the Centers for Medicare & \n        Medicaid Services.\n            (3) MEDCAC.--The term ``MEDCAC'' means the Medicare \n        Evidence Development & Coverage Advisory Committee established \n        by the Secretary of Health and Human Services pursuant to \n        section 222 of the Public Health Service Act.\n            (4) Medically necessary services.--The term ``medically \n        necessary care'' means health care services or products that a \n        prudent physician would provide to a patient for the purpose of \n        preventing, diagnosing, treating or rehabilitating an illness, \n        injury, disease or its associated symptoms, impairments or \n        functional limitations in a manner that is--\n                    (A) in accordance with generally accepted standards \n                of medical practice;\n                    (B) clinically appropriate in terms of type, \n                frequency, extent, site and duration; and\n                    (C) not primarily for the convenience of the \n                patient, physician, or other health care provider.\n            (5) MedPAC.--The term ``MedPAC'' means the Medicare Payment \n        Advisory Commission established under Section 1805 of the \n        Social Security Act.\n            (6) National coverage determination.--The term ``national \n        coverage determination'' has the meaning given such term in \n        section 1869(f)(1)(B) of the Social Security Act.","title":""}
+{"_id":"c284","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Medicare Telemedicine and Medical \nInformatics Demonstration Act of 1996''.\n\nSEC. 2. INFORMATICS, TELEMEDICINE, AND EDUCATION DEMONSTRATION PROJECT.\n\n    (a) Purpose and Authorization.--\n            (1) In general.--Under section 1142 of the Social Security \n        Act and consistent with this section, the Secretary of Health \n        and Human Services, through the Agency for Health Care Policy \n        and Research, shall make a grant to an eligible grantee to \n        provide for a project to demonstrate the application of high-\n        capacity computing and advanced networks to the provision of \n        health care to both residents of medically underserved rural \n        areas and residents of medically underserved inner-city areas.\n            (2) Focus.--The project shall focus on--\n                    (A) improvements in primary care (and prevention of \n                complications) for those residents with diabetes \n                (mellitus), and\n                    (B) those residents who are Medicare beneficiaries.\n            (3) Duration of project.--The project shall be conducted \n        over a 4-year period.\n            (4) Authorization of appropriations; medicare and medicaid \n        waiver authority.--The total amount of Federal expenditures \n        that may be provided pursuant to this section under the project \n        shall not exceed $30,000,000. Subject to such limitation, the \n        Secretary may waive such provisions of title XVIII and XIX of \n        the Social Security Act as may be appropriate in order to \n        permit and demonstrate the provision of Medicare and Medicaid \n        funding under the project.\n    (b) Objectives of Project.--The objectives of the project include \nthe following:\n            (1) Improving patient access to and compliance with \n        appropriate care guidelines for chronic diseases through direct \n        telecommunications link with information networks in order to \n        improve patient quality-of-life and reduce overall health care \n        costs.\n            (2) Developing a curriculum to train, and providing \n        standards for credentialing and licensure of, health \n        professionals (particularly primary care health professionals) \n        in the use of medical informatics and telecommunciations.\n            (3) Demonstrating the application of advanced technologies, \n        such as video-conferencing from a patient's home, remote \n        monitoring of a patient's medical condition, interventional \n        informatics, and applying individualized, automated care \n        guidelines, to assist primary care providers in assisting \n        patients with chronic illnesses in a home setting.\n            (4) Application of medical informatics to residents with \n        limited English language skills.\n            (5) Developing standards in the application of telemedicine \n        and medical informatics.\n            (6) Developing a model for the cost-effective delivery of \n        primary and related care both in a managed care environment and \n        in a fee-for-service environment.\n    (c) Eligible Grantee.--For purposes of this section, the term \n``eligible grantee'' means a consortium that includes at least one \ntertiary care hospital, at least one medical school, and at least one \nregional telecommunications provider and that meets the following \nrequirements:\n            (1) The consortium is located in an area with a high \n        concentration of medical schools and tertiary care facilities \n        and has appropriate arrangements (within or outside the \n        consortium) with such schools and facilities, universities, and \n        telecommunications providers, in order to conduct the project.\n            (2) The consortium submits to the Secretary an application \n        at such time, in such manner, and containing such information \n        as the Secretary may require, including a description of the \n        use to which the consortium would apply any amounts received \n        under the project and the source and amount of non-Federal \n        contribution towards the project.\n            (3) The consortium demonstrates that it will provide for a \n        contribution toward the project from non-Federal funds or \n        resources in an amount that is not less than 50 percent of the \n        total amount to be expended in carrying out the project.\n    (d) Use of Funds.--\n            (1) In general.--Federal payments made available to an \n        eligible grantee under this section shall be used for the \n        development and operation of telemedicine and medical \n        informatics systems and related activities under the project.\n            (2) Specific uses permitted.--Such payments may be used for \n        any of the following:\n                    (A) The acquisition of telemedicine equipment for \n                use in patients' homes (but only in the case of \n                patients located in medically underserved areas).\n                    (B) Curriculum development and training of health \n                professionals in medical informatics and telemedicine.\n                    (C) Payment of telecommunications costs (including \n                salaries and maintenance of equipment), including costs \n                of telecommunications between patients' homes and the \n                eligible grantee and between the grantee and other \n                entities under the arrangements described in subsection \n                (c)(1).\n                    (D) Payments to practitioners and providers under \n                the Medicare and Medicaid programs.\n            (3) Prohibited uses.--Such payments may not be used for any \n        of the following:\n                    (A) The purchase or installation of transmission \n                equipment (other than such equipment used by health \n                professionals to deliver medical informatics services \n                under the project).\n                    (B) The establishment or operation of a \n                telecommunications common carrier network.\n                    (C) Construction (except for minor renovations \n                related to the installation of reimbursable equipment) \n                or the acquisition or building of real property.\n    (e) Reports.--The Secretary shall submit to the Committees on Ways \nand Means and Commerce of the House of Representatives and the \nCommittees on Finance and Labor and Human Resources of the Senate \ninterim reports on the project and a final report on the project within \n6 months after the conclusion of the project. The final report shall \ninclude an evaluation of the impact of the use of telemedicine and \nmedical informatics on improving access of medicare and medicaid \nbeneficiaries to health care services, on reducing the costs of such \nservices, and on improving the quality of life of such beneficiaries.\n    (f) Definitions.--For purposes of this section:\n            (1) Interventional informatics.--The term ``interventional \n        informatics'' means using information technology and virtual \n        reality technology to intervene in patient care.\n            (2) Medical informatics.--The term ``medical informatics'' \n        means the storage, retrieval, and use of biomedical and related \n        information for problem solving and decision-making through \n        computing and communications technologies.\n            (3) Project.--The term ``project'' means the demonstration \n        project under this section.\n            (4) Secretary.--The term ``Secretary'' means the Secretary \n        of Health and Human Services.","title":""}
+{"_id":"c285","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Mercury Health Advisory Act of \n2003''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n    (a) Findings.--Congress makes the following findings:\n            (1) Mercury is a persistent, bioaccumulative heavy metal \n        that poses a significant risk to human health, wildlife, and \n        the environment.\n            (2) Mercury discharges into the atmosphere and surface \n        oceans have increased two-to-five fold since the beginning of \n        the industrialized period due to human activities.\n            (3) Substantial evidence is accumulating that exposure to \n        methyl-mercury is widespread in the general public and \n        occurring at higher than health-based levels of concern \n        according to the Food and Drug Administration, the \n        Environmental Protection Agency, and the World Health \n        Organization. Fish and seafood caught or sold in the United \n        States are contaminated with methyl-mercury, a toxic element \n        that may cause neurological damage and other health-related \n        problems as a result of fish or seafood consumption.\n            (4) According to the 1997 Environmental Protection Agency \n        Mercury Report to Congress, mercury levels in the following \n        fish, at least occasionally, exceeded the Food and Drug \n        Administration's ``action level'' limit of 1 part per million: \n        tilefish, king mackerel, shark, swordfish, tuna, lobster, red \n        snapper, saltwater and freshwater bass, bluefish, bluegills, \n        catfish, crappie, groupers, hake, halibut, northern pike, \n        walleye, largemouth bass, pompano, snook, sunfish, and other \n        finfish.\n            (5) The Food and Drug Administration advises pregnant women \n        and women of childbearing age not to eat shark, king mackerel, \n        tilefish, and swordfish and to limit consumption of all other \n        fish to 12 ounces per week. The Food and Drug Administration \n        advises other persons to limit their consumption of shark and \n        swordfish to no more than 7 ounces per week.\n            (6) The Environmental Protection Agency recommends that \n        women who are pregnant or who may become pregnant, nursing \n        mothers, and young children limit fish consumption to 6 meals \n        per week of cooked fish or an 8-ounce meal per week for \n        uncooked fish for adults and 2 meals per week of cooked fish or \n        a 3-ounce meal per week of uncooked fish for young children.\n            (7) In 2003, 44 States issued health advisories that warned \n        the public about consuming mercury-tainted fish, as compared to \n        27 States that issued such advisories in 1993.\n            (8) Eleven States warn pregnant women and young children to \n        limit consumption of canned tuna, the most consumed fish in the \n        United States, to 1 or 2 cans per week and some States warn \n        that the ``white'' albacore canned tuna has significantly \n        higher mercury levels than the ``light'' tuna, based upon Food \n        and Drug Administration testing.\n            (9) Data from the National Health and Nutrition Examination \n        Survey Centers indicates that 7.8 percent of women of \n        childbearing age have blood mercury levels in their bodies \n        above what is considered safe for the developing fetus, \n        translating into over 300,000 babies born each year in the \n        United States at risk of mercury poisoning.\n            (10) Between 30 percent and 50 percent of women of \n        childbearing age are not aware of the methyl-mercury exposure \n        risks from ingestion of mercury-contaminated fish, according to \n        the Food and Drug Administration.\n            (11) A January 2001 report by the United States General \n        Accounting Office (GAO) criticized the Food and Drug \n        Administration for not providing guidance to the fishing \n        industry to identify and prevent fish contaminated with mercury \n        from reaching consumers, even though the Agency's own \ntesting found that, for example, over half of the swordfish exceeded \nits action level of one part per million (ppm).\n            (12) Evidence is continuing to emerge linking increased \n        risk of coronary heart disease to mercury exposure, as \n        presented in at least 2 peer reviewed studies.\n            (13) Health advisory information on mercury-contaminated \n        fish, which is necessary to protect public health, is not \n        widely known by the State or Federal Government. This lack of \n        awareness potentially threatens tens of millions of Americans \n        who may unknowingly ingest harmful amounts of mercury because \n        they are not aware of exposure risks from consumption of \n        freshwater fish and seafood.\n    (b) Purposes.--The purposes of this Act are to--\n            (1) ensure that the public is adequately informed about the \n        potential adverse effects of mercury exposure through the \n        consumption of fish products;\n            (2) require the Secretary of Health and Human Services to \n        work cooperatively with other Federal and State agencies, as \n        well as nonprofit organizations, to create appropriate \n        advisories for the distribution to the public of explanations \n        of the potential adverse effects of mercury exposure from fish \n        consumption;\n            (3) require the Administrator of the Environmental \n        Protection Agency to work cooperatively with State fish and \n        game officials to create an informative guide for distribution \n        to the public about the dangers of the consumption of \n        recreationally-caught fish;\n            (4) require the Food and Drug Administration to resume its \n        seafood methyl-mercury monitoring program to better document \n        mercury levels in various fish species sold in commerce;\n            (5) require the Secretary of Health and Human Services, in \n        cooperation with private and public organizations, to design \n        and implement a National Public Education Program regarding the \n        presence of methyl-mercury in seafood and fish consumption \n        advisories for methyl-mercury; and\n            (6) require the Administrator of the Environmental \n        Protection Agency to annually prepare a report on the impacts \n        of mercury on human health and the environment.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Administrator.--The term ``Administrator'' means the \n        Administrator of the Environmental Protection Agency.\n            (2) Commissioner.--The term ``Commissioner'' means the \n        Commissioner of Food and Drugs.\n            (3) Health professional.--The term ``health professional'' \n        means any licensed professional in the dental and medical \n        profession.\n            (4) Secretary.--The term ``Secretary'' means the Secretary \n        of Health and Human Services.\n\nSEC. 4. ADVISORY NOTICES.\n\n    (a) Consumer Mercury Advisory Notice.--\n            (1) In general.--The Administrator and the Commissioner \n        shall jointly develop fish consumption advisories for methyl-\n        mercury in fish. Such advisories shall be based on the \n        Environmental Protection Agency's Reference Dose for--\n                    (A) the general population;\n                    (B) sensitive populations; and\n                    (C) populations consuming above average amounts of \n                fish.\n            (2) Consumer's notice.--The Secretary, in consultation with \n        the Administrator and the heads of State environmental agencies \n        and health departments, shall prepare a consumer's mercury \n        advisory notice. Such notice shall be distributed widely by the \n        Secretary, at no cost, to health professionals, particularly \n        medical offices that provide gynecological, obstetrical, or \n        pediatric care, and to the extent practicable shall be made \n        available and posted in the patient or client areas of all \n        maternal and child health and nutrition program offices, and \n        shall be made available to health care providers, Federal, \n        State, and local government agencies, and the general public \n        upon request.\n            (3) Criteria.--The advisories developed under this \n        subsection shall--\n                    (A) explain, in an easily understandable manner, \n                the dangers of mercury exposure through the consumption \n                of mercury contaminated fish to women of childbearing \n                age, women who expect to become pregnant, women who are \n                pregnant or breast feeding their children, and young \n                children and their parents;\n                    (B) describe, in an easily understandable manner, \n                in detail the most current mercury health advisories \n                prepared by the Federal Government concerning fish \n                consumption, contain the toll free number established \n                under paragraph (4), and contain such other information \n                as the Secretary determines appropriate; and\n                    (C) be printed in large type in English, Spanish, \n                and other languages determined by the Secretary to be \n                culturally and linguistically appropriate.\n            (4) Toll-free telephone number.--The Secretary shall \n        establish a toll-free telephone number to enable individuals to \n        obtain additional information about the health advisories \n        developed under this subsection concerning exposure to mercury \n        from consumption of fish and seafood, as well as exposure from \n        other sources.\n            (5) Updating of information.--The information provided \n        under this subsection shall be updated periodically as \n        determined necessary by the Secretary.\n    (b) Mercury Warning Consumer's Guide.--\n            (1) In general.--The Administrator, in consultation with \n        the Secretary, shall prepare a consumer's guide to mercury and \n        health advisory for the consumption of recreationally-caught \n        fish. Such guide shall be distributed, at no cost, to--\n                    (A) State departments of fisheries, wildlife, and \n                environmental law enforcement;\n                    (B) all applicants for a fishing license at the \n                time the license is issued; and\n                    (C) to public upon request.\n            (2) Criteria.--The guide developed under paragraph (1) \n        shall--\n                    (A) be printed in large type in English, Spanish, \n                and other languages determined by the Secretary to be \n                culturally and linguistically appropriate;\n                    (B) contain the toll free telephone number \n                established by the Environmental Protection Agency that \n                residents may call for further information about the \n                health advisories contained in the guide.\n            (3) Updating of information.--The guide developed under \n        paragraph (1) shall be updated periodically as determined \n        necessary by the Secretary.\n    (c) Consumption Advisory.--\n            (1) In general.--The Secretary, in consultation with the \n        Secretary of Agriculture and the Administrator, shall work with \n        the States and other appropriate entities to--\n                    (A) develop and distribute regional and national \n                advisories concerning the presence of methyl-mercury in \n                seafood;\n                    (B) develop standardized formats for written and \n                broadcast advisories regarding methyl-mercury in \n                seafood;\n                    (C) develop and periodically upgrade information \n                related to mercury fish tissue test results and fish \n                consumption advisories for methyl-mercury;\n                    (D) coordinate State and local advisories in the \n                formation of the National Public Education Program \n                under subsection (d)(1); and\n                    (E) coordinate with that sector of the retail food \n                industry that is engaged in the sale of any fresh, \n                packaged, or frozen fish or seafood products intended \n                for human consumption, concerning the posting of such \n                advisories in their place of business where fish are \n                sold to inform women of childbearing age, pregnant, and \n                nursing women and the parents of young children on the \n                potential dangers of mercury that is present in certain \n                fish or seafood.\n            (2) Criteria.--The advisories and notices developed under \n        paragraph (1) shall include information both on limiting the \n        consumption of certain high level fish and seafood to the \n        general population and, for sensitive populations such as women \n        of childbearing age and children, stress the importance of \n        limiting consumption of frequently consumed fish that may \n        exceed the Environmental Protection Agency's Reference Dose.\n            (3) Consumption advisory.--\n                    (A) In general.--Based on information compiled by \n                the Environmental Protection Agency, the National \n                Marine Fisheries Services, and the Food and Drug \n                Administration, shall work with State health, fish and \n                wildlife, and environmental agencies to develop and \n                periodically update a consumption advisory for any \n                fresh, packaged, or frozen fish or seafood products \n                intended for human consumption for posting by retail \n                food establishments and restaurants pursuant to this \n                Act. The advisory shall provide information about the \n                potential dangers from the ingestion of mercury from \n                the consumption of fish and seafood by women of \n                childbearing age, pregnant women, and young children \n                and other at-risk groups as determined by the \n                Department, including populations consuming above-\n                average quantities of fish and seafood.\n                    (B) Distribution.--The Secretary shall make copies \n                of the advisory developed under subparagraph (A) \n                available to State boards of health or other State and \n                local governmental entities that have the same \n                authority as a State board of health for distribution \n                to the public and to local retail food establishments \n                and restaurants.\n            (4) Requirements.--The advisories and notices developed \n        under this subsection shall be printed in large type in \n        English, Spanish, and other languages determined by the \n        Secretary to be culturally and linguistically appropriate.\n    (d) Public Education and Advisory System.--\n            (1) Public education.--The Secretary, in consultation with \n        public and nonprofit private entities (including cooperative \n        extension services and appropriate State entities), shall \n        design and implement a national public education program \n        regarding the presence of methyl-mercury in seafood.\n            (2) Features.--The program developed under paragraph (1) \n        shall provide--\n                    (A) information to the public regarding--\n                            (i) Federal standards and good practice \n                        requirements relating to methyl-mercury in \n                        seafood; and\n                            (ii) the promotion of public awareness, \n                        understanding, and acceptance of such standards \n                        and requirements;\n                    (B) information to health professionals so that \n                health professionals may improve the diagnosis and \n                treatment of mercury-related illness and advise \n                individuals whose health conditions place those \n                individuals at particular risk; and\n                    (C) such other information or advice to consumers \n                and other individuals as the Secretary determines will \n                promote the purposes of this section.\n    (e) Sampling and Monitoring.--\n            (1) In general.--The Commissioner shall resume the seafood \n        methyl-mercury monitoring sampling program of the Food and Drug \n        Administration to assist in documenting mercury levels in \n        various fish species.\n            (2) Monitoring.--The sampling program described in \n        paragraph (1) shall be conducted so as to provide statistically \n        valid monitoring data with respect to mercury levels in fish \n        and seafood (including market-basket studies) including \n        documenting the extent to which fish with mercury levels in \n        excess of the action level are sold in commerce. Such \n        information, along with information gathered by the \n        Environmental Protection Agency, shall be compiled into an \n        annual report by the Commissioner to track changes in dietary \n        exposure to mercury from fish and seafood.\n            (3) Avoidance of duplication of effort.--To the extent \n        practicable, the sampling program described in paragraph (1) \n        shall be consistent with, and shall be coordinated with, other \n        seafood sampling programs that are in use, so as to avoid \n        duplication of effort.\n\nSEC. 5. HAACP ASSESSMENT.\n\n    Not later than 1 year after the date of enactment of this Act, the \nSecretary shall finalize the Hazard Analysis and Critical Control Point \nassessment to determine whether or not methyl-mercury exposure through \nfish consumption is a public health hazard.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n    (a) Public Education and Advisory System.--There is authorized to \nbe appropriated to develop and implement the public education and \nadvisory system under section 3(d), $500,000 for each fiscal year.\n    (b) Sampling.--There is authorized to be appropriated to carry out \nsampling under section 3(e), $1,000,000 for each fiscal year.\n    (c) State Support.--\n            (1) In general.--There is authorized to be appropriated to \n        support the efforts of States to sample noncommercial fish and \n        inland waterways for mercury and to produce State-specific \n        health advisories related to mercury, $2,000,000 for each \n        fiscal year.\n            (2) Equitable distribution.--The Administrator shall \n        distribute amounts made available under paragraph (1) equitably \n        among the States through programs in existence on the date of \n        enactment of this Act.","title":""}
+{"_id":"c286","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Metro Accountability and Investment \nAct''.\n\nSEC. 2. REAUTHORIZATION OF FUNDS.\n\n    Section 601(f) of the Passenger Rail Investment and Improvement Act \nof 2008 (Public Law 110-432; 122 Stat. 4970) is amended to read as \nfollows:\n    ``(f) Amount.--\n            ``(1) In general.--\n                    ``(A) Original funding.--There are authorized to be \n                appropriated to the Secretary of Transportation for \n                grants under this section an aggregate amount not to \n                exceed $1,500,000,000 to be available in increments \n                over 10 fiscal years beginning in fiscal year 2009, or \n                until expended.\n                    ``(B) Continuation of funding.--Subject to \n                paragraphs (2) and (3), there are authorized to be \n                appropriated to the Secretary of Transportation for \n                grants under this section $2,000,000,000 to be \n                available in increments over 10 fiscal years beginning \n                in fiscal year 2020, or until expended.\n            ``(2) Restriction on use.--\n                    ``(A) Operating expenses.--$500,000,000 of the \n                amount described in paragraph (1)(B) may only be used \n                for operating expenses of the Transit Authority.\n                    ``(B) Inspector general.--$100,000,000 of the \n                amount described in subparagraph (A) may only be used \n                for the Office of Inspector General of the Transit \n                Authority.\n            ``(3) Required modifications.--The Secretary may not \n        provide grants pursuant to paragraph (1)(B) unless the \n        Secretary certifies that the Board of Directors of the Transit \n        Authority has passed a resolution, and is making progress \n        implementing such a resolution, that--\n                    ``(A) establishes an independent budget authority \n                for the Office of Inspector General of the Transit \n                Authority;\n                    ``(B) establishes an independent procurement \n                authority for the Office of Inspector General of the \n                Transit Authority;\n                    ``(C) establishes an independent hiring authority \n                for the Office of Inspector General of the Transit \n                Authority;\n                    ``(D) ensures the inspector general of the Transit \n                Authority can obtain legal advice from a counsel \n                reporting directly to the director of such office;\n                    ``(E) requires the inspector general of the Transit \n                Authority to submit recommendations for corrective \n                action to the General Manager, the Board of Directors \n                of the Transit Authority, and the appropriate \n                congressional committees; and\n                    ``(F) requires the inspector general of the Transit \n                Authority to publish any recommendation described in \n                subparagraph (E) on the website of the Office of \n                Inspector General of the Transit Authority, except that \n                the Inspector General may redact personally \n                identifiable information and information that, in the \n                determination of the Inspector General, would pose a \n                security risk to the systems of the Transit Authority.\n            ``(4) Special rule for certain funds.--The amounts \n        described in paragraph (2) are not subject to the requirements \n        of paragraphs (2) and (3) of subsection (b).\n            ``(5) Definition.--In this subsection, the term \n        `appropriate congressional committees' means the Committee on \n        Transportation and Infrastructure, the Committee on Oversight \n        and Government Reform, and the Committee on Appropriations of \n        the House of Representatives and the Committee on Banking, \n        Housing, and Urban Affairs and the Committee on Appropriations \n        of the Senate.''.\n\nSEC. 3. ADDITIONAL GRANTS.\n\n    (a) In General.--In addition to other funding provided to the \nTransit Authority pursuant to any other provision of law, the Secretary \nof Transportation may make grants to the Transit Authority for the \npurpose of funding the capital and preventive maintenance projects \nincluded in the Capital Improvement Program approved by the Board of \nDirectors of the Transit Authority.\n    (b) Use of Funds.--A grant made pursuant to this section shall be \nsubject to the following limitations and conditions:\n            (1) The work for which such grant is authorized shall be \n        subject to the provisions of the Compact, including any future \n        amendments to the Compact.\n            (2) Each such grant shall be for 50 percent of the net \n        project cost of the project involved, and shall be provided in \n        cash from sources other than Federal funds or revenues from the \n        operation of public mass transportation systems. Consistent \n        with the terms of the amendment to the Compact, or any future \n        amendments to such Compact, any funds so provided shall be \n        solely from undistributed cash surpluses, replacement or \n        depreciation funds of reserves available in cash, or new \n        capital.\n    (c) Applicability of Requirements for Mass Transportation Capital \nProjects Receiving Funds Under Federal Transportation Law.--Except as \nspecifically provided in this section, the use of any amounts \nappropriated pursuant to the authorization under this section shall be \nsubject to the requirements applicable to capital projects for which \nfunds are provided under chapter 53 of title 49, United States Code, \nexcept to the extent the Secretary determines that the requirements are \ninconsistent with this Act, its purposes, or any subsequent rules of \nguidance issued pursuant to this Act.\n    (d) Amount and Requirement for First Period.--\n            (1) Amount.--There is authorized to be appropriated to the \n        Secretary of Transportation for grants under this section \n        $500,000,000 to be available in increments over 5 fiscal years \n        beginning in fiscal year 2020, or until expended.\n            (2) Requirements.--The Secretary may not award a grant \n        authorized under this subsection unless the Secretary \n        certifies, on an annual basis, that the Transit Authority is \n        making progress toward goals and metrics for system performance \n        established by the Secretary in collaboration with the \n        signatories to the Compact on safety, reliability, and \n        operation costs as measured by vehicle revenue hours.\n    (e) Amount and Requirement for Second Period.--\n            (1) Amount.--There is authorized to be appropriated to the \n        Secretary of Transportation for grants under this section \n        $1,500,000,000 to be available in increments over 15 fiscal \n        years beginning in fiscal year 2025, or until expended.\n            (2) Requirements.--The Secretary may not award a grant \n        authorized under this subsection unless the Secretary \n        certifies, on an annual basis, that--\n                    (A) the Transit Authority is making progress toward \n                goals and metrics for system performance established by \n                the Secretary in collaboration with the signatories to \n                the Compact on safety, reliability, and operation costs \n                as measured by vehicle revenue hours; and\n                    (B) the signatories to the Compact have established \n                a dedicated funding source for capital projects for the \n                Transit Authority that is expected to raise, in total, \n                at least $300,000,000 annually.\n    (f) Availability.--Amounts appropriated pursuant to the \nauthorization under this section shall remain available until expended.\n    (g) Definitions.--In this section--\n            (1) the term ``Transit Authority'' means the Washington \n        Metropolitan Area Transit Authority established under Article \n        III of the Compact; and\n            (2) the term ``Compact'' means the Washington Metropolitan \n        Area Transit Authority Compact (Public Law 89-774; 80 Stat. \n        1324).","title":""}
+{"_id":"c287","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Michelle's Law''.\n\nSEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF \n              ABSENCE.\n\n    (a) Amendments of ERISA.--Subpart A of part 7 of title I of the \nEmployee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et \nseq.) is amended by adding at the end the following:\n\n``SEC. 704. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE \n              OF ABSENCE.\n\n    ``(a) Medically Necessary Leave of Absence.--In this section, the \nterm `medically necessary leave of absence' means a leave of absence \nfrom a postsecondary educational institution (including an institution \nof higher education as defined in section 102 of the Higher Education \nAct of 1965) that--\n            ``(1) is due to a severe illness or injury, as certified by \n        the attending physician of the dependent child involved; and\n            ``(2) causes the dependent child involved to lose full-time \n        student status.\n    ``(b) Requirement To Continue Coverage.--\n            ``(1) In general.--In the case of a dependent child \n        described under paragraph (2), a group health plan (or health \n        insurance coverage offered in connection with such a plan) \n        shall not terminate coverage of such child due to a medically \n        necessary leave of absence before the date that is the earlier \n        of--\n                    ``(A) the date that is 1 year after the first day \n                of the medically necessary leave of absence; or\n                    ``(B) the date on which such coverage would \n                otherwise terminate under the terms of the plan.\n            ``(2) Child described.--A dependent child described in this \n        paragraph is a child who--\n                    ``(A) is a dependent of a participant or \n                beneficiary of the plan or coverage;\n                    ``(B) is 18 years of age or older;\n                    ``(C) was enrolled in the plan or coverage as of \n                the first day of the medically necessary leave of \n                absence involved; and\n                    ``(D) was enrolled as a full-time student at a \n                postsecondary educational institution (as described in \n                subsection (a)) until the first day of the medically \n                necessary leave of absence involved.\n            ``(3) Certification by physician.--Paragraph (1) shall not \n        apply to a group health plan (or health insurance coverage \n        offered in connection with such a plan) unless the dependent \n        child submits to the plan or issuer and the postsecondary \n        educational institution involved, documentation and \n        certification by the child's attending physician stating that \n        the leave of absence involved is a medically necessary leave of \n        absence.\n    ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any \nbreaks in the school semester shall not disqualify a dependent child \ndescribed under subsection (b) from coverage under this section.\n    ``(d) No Additional Coverage.--A dependent child described under \nsubsection (b) shall be entitled to an extension under this section of \nonly those benefits to which the child was entitled under the terms of \nthe plan or coverage as of the first day of the medically necessary \nleave of absence involved.\n    ``(e) Coverage Under Successor Plan.--If an employer or health \ninsurance issuer changes group health plans after the first day of a \nmedically necessary leave of absence of dependent child described in \nsubsection (b) but before the date described under subsection (b)(1), \nand such new group health plan offers coverage of dependent children, \nsuch new group health plan shall be subject to this section in the same \nmanner as the group health plan coverage in effect on the first day of \nthe medically necessary leave of absence of such dependent child.\n    ``(f) Presumption.--For purposes of administrative or judicial \nproceedings, there shall be a rebuttable presumption that the \ndocumentation and certification under subsection (b)(3) entitles the \ndependent child involved to coverage as described under this \nsection.''.\n    (b) Amendments to the Internal Revenue Code.--Subchapter B of \nchapter 100 of the Internal Revenue Code of 1986 (26 U.S.C. 9811 et \nseq.) is amended--\n            (1) in the table of sections, by inserting after the item \n        relating to section 9812 the following new item:\n\n``Sec. 9813. Coverage of dependent students on medically necessary \n                            leave of absence.'';\n    and\n            (2) by inserting after section 9813 the following:\n\n``SEC. 9813. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY \n              LEAVE OF ABSENCE.\n\n    ``(a) Medically Necessary Leave of Absence.--The term `medically \nnecessary leave of absence' means a leave of absence from a \npostsecondary educational institution (including an institution of \nhigher education as defined in section 102 of the Higher Education Act \nof 1965) that--\n            ``(1) is due to a severe illness or injury, as certified by \n        the attending physician of the dependent child involved; and\n            ``(2) causes the dependent child involved to lose full-time \n        student status.\n    ``(b) Requirement To Continue Coverage.--\n            ``(1) In general.--In the case of a dependent child \n        described under paragraph (2), a group health plan (or health \n        insurance coverage offered in connection with such a plan) \n        shall not terminate coverage of such child due to a medically \n        necessary leave of absence before the date that is the earlier \n        of--\n                    ``(A) the date that is 1 year after the first day \n                of the medically necessary leave of absence; or\n                    ``(B) the date on which such coverage would \n                otherwise terminate under the terms of the plan.\n            ``(2) Child described.--A dependent child described in this \n        paragraph is a child who--\n                    ``(A) is a dependent of a participant or \n                beneficiary of the plan or coverage;\n                    ``(B) is 18 years of age or older;\n                    ``(C) was enrolled in the plan or coverage as of \n                the first day of the medically necessary leave of \n                absence involved; and\n                    ``(D) was enrolled as a full-time student at a \n                postsecondary educational institution (as described in \n                subsection (a)) until the first day of the medically \n                necessary leave of absence involved.\n            ``(3) Certification by physician.--Paragraph (1) shall not \n        apply to a group health plan (or health insurance coverage \n        offered in connection with such a plan) unless the dependent \n        child submits to the plan or issuer and the postsecondary \n        educational institution involved, documentation and \n        certification by the child's attending physician stating that \n        the leave of absence involved is a medically necessary leave of \n        absence.\n    ``(c) No Loss of Full-Time Status Due to Break in Semester.--Any \nbreaks in the school semester shall not disqualify a dependent child \ndescribed under subsection (b) from coverage under this section.\n    ``(d) No Additional Coverage.--A dependent child described under \nsubsection (b) shall be entitled to an extension under this section of \nonly those benefits to which the child was entitled under the terms of \nthe plan or coverage as of the first day of the medically necessary \nleave of absence involved.\n    ``(e) Coverage Under Successor Plan.--If an employer or health \ninsurance issuer changes group health plans after the first day of a \nmedically necessary leave of absence of dependent child described in \nsubsection (b) but before the date described under subsection (b)(1), \nand such new group health plan offers coverage of dependent children, \nsuch new group health plan shall be subject to this section in the same \nmanner as the group health plan coverage in effect on the first day of \nthe medically necessary leave of absence of such dependent child.\n    ``(f) Presumption.--For purposes of administrative or judicial \nproceedings, there shall be a rebuttable presumption that the \ndocumentation and certification under subsection (b)(3) entitles the \ndependent child involved to coverage as described under this \nsection.''.","title":""}
+{"_id":"c288","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Microenterprise and Youth \nEntrepreneurship Development Act of 2011''.\n\nSEC. 2. MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING \n              PROGRAM.\n\n    (a) Definitions.--Section 172(5) of the Riegle Community \nDevelopment and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(5)) \nis amended--\n            (1) in subparagraph (B) by striking ``or'' at the end;\n            (2) in subparagraph (C) by striking the period at the end \n        and inserting ``; or''; and\n            (3) by adding at the end the following:\n                    ``(D) an entrepreneur that operates a business or \n                intends to operate a business in an investment area (as \n                such term is defined in section 103(16) of this \n                Act).''.\n    (b) Uses of Assistance.--Section 174 of the Riegle Community \nDevelopment and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is \namended--\n            (1) in paragraph (3) by striking ``and'' at the end;\n            (2) by redesignating paragraph (4) as paragraph (5); and\n            (3) by inserting after paragraph (3) the following:\n            ``(4) to advertise in print, electronic, and other media \n        the training and technical assistance provided under paragraph \n        (1); and''.\n    (c) Targeted Assistance.--Section 176(b) of the Riegle Community \nDevelopment and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b)) \nis amended by striking ``50 percent'' and inserting ``60 percent''.\n    (d) Matching Requirements.--Section 177(c) of the Riegle Community \nDevelopment and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c)) \nis amended by adding at the end the following:\n            ``(3) Consideration.--In determining whether to reduce or \n        eliminate matching requirements under paragraph (1), the \n        Administrator shall consider the impact of the economic crisis \n        of 2007 through 2009 on the geographic area in which an \n        applicant operates.''.\n    (e) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Administrator of the Small Business Administration shall \nsubmit to the Committee on Small Business of the House of \nRepresentatives and the Committee on Small Business and \nEntrepreneurship of the Senate a report describing recommendations for \nimproving the application and grant making process of the \nmicroenterprise technical assistance and capacity building grant \nprogram (carried out under subtitle C of title I of the Riegle \nCommunity Development and Regulatory Improvement Act of 1994), \nincluding recommendations, developed in consultation with stakeholders, \nfor streamlining the application and grant making process of that \nprogram.\n    (f) Microenterprise Coordinator.--\n            (1) Establishment.--Not later than 1 year after the date of \n        enactment of this Act, the Administrator shall establish in the \n        Small Business Administration the position of Microenterprise \n        Coordinator.\n            (2) Duties.--The Microenterprise Coordinator shall--\n                    (A) work to ensure that the contributions of \n                microenterprises to the economy are maximized;\n                    (B) work to enhance, support, and coordinate the \n                programs of the Federal Government providing assistance \n                to microenterprises, including Federal technical \n                assistance programs;\n                    (C) work to ensure that underserved entrepreneurs \n                are included in the programs of the Federal Government \n                providing assistance to microenterprises;\n                    (D) make available to the public annually a \n                comprehensive list and description of each Federal \n                program that provides assistance to microenterprises; \n                and\n                    (E) encourage public-private partnerships that \n                support entrepreneurship.\n            (3) Microenterprise defined.--In this subsection, the term \n        ``microenterprise'' has the meaning given that term in section \n        172(10) of the Riegle Community Development and Regulatory \n        Improvement Act of 1994 (15 U.S.C. 6901(10)).\n\nSEC. 3. OFFICE OF YOUTH ENTREPRENEURSHIP.\n\n    (a) Establishment.--Not later than 1 year after the date of \nenactment of this Act, the Administrator of the Small Business \nAdministration shall establish an Office of Youth Entrepreneurship (in \nthis section referred to as the ``Office'') in the Small Business \nAdministration.\n    (b) Director.--The Administrator shall appoint a Director of Youth \nEntrepreneurship (in this section referred to as the ``Director'') to \nserve as the head of the Office.\n    (c) Duties.--The Director shall--\n            (1) carry out the youth entrepreneurship technical \n        assistance grant program described in subsection (d);\n            (2) carry out the youth entrepreneurship curriculum grant \n        program described in subsection (e);\n            (3) promote the growth of youth entrepreneurship by \n        establishing public-private partnerships and carrying out \n        advertising campaigns;\n            (4) sponsor and support State and national youth \n        entrepreneurship competitions that raise awareness of the \n        importance of small business development;\n            (5) study and promote Federal activities that support \n        entrepreneurship education; and\n            (6) support the establishment of public and private youth \n        entrepreneurship education and mentoring opportunities.\n    (d) Youth Entrepreneurship Technical Assistance Grant Program.--The \nDirector shall establish a program under which the Director may make \ngrants to assist entities, including nonprofit microenterprise \ndevelopment organizations, to provide individuals under 25 years of age \nwith technical assistance related to entrepreneurship.\n    (e) Youth Entrepreneurship Curriculum Grant Program.--\n            (1) In general.--The Director shall establish a program \n        under which the Director may make grants to a covered entity to \n        assist the development, improvement, or implementation of a \n        youth entrepreneurship curriculum that includes information on \n        the topics of--\n                    (A) securing capital and borrowing;\n                    (B) business plan conception and drafting;\n                    (C) accounting;\n                    (D) management; and\n                    (E) marketing.\n            (2) Application process.--To be eligible for a grant \n        described in paragraph (1), a covered entity shall submit to \n        the Director an application at such time, in such manner, and \n        containing such information as the Director may require, except \n        that the application shall include at least--\n                    (A) a description of the curriculum to be \n                developed, improved, or implemented;\n                    (B) a description of how grant funds will be used;\n                    (C) a description of goals relating to the use of \n                grant funds and the curriculum to be developed, \n                improved, or implemented; and\n                    (D) a description of how progress will be measured \n                with respect to the goals described in subparagraph \n                (C).\n            (3) Covered entity defined.--In this subsection, the term \n        ``covered entity'' means a local educational agency in any of \n        the several States, the District of Columbia, or a territory or \n        possession of the United States and a local educational agency \n        of a federally recognized Indian tribe.\n    (f) Investment Areas.--\n            (1) In general.--The Director shall ensure that at least 25 \n        percent of the amounts made available to carry out the Office \n        each fiscal year are used to assist youth in investment areas.\n            (2) Investment area defined.--In this subsection, the term \n        ``investment area'' has the meaning given that term in section \n        103(16) of the Riegle Community Development and Regulatory \n        Improvement Act of 1994 (12 U.S.C. 4702(16)).\n    (g) Student Loan Assistance.--Not later than 180 days after the \ndate of enactment of this Act, the Director, in consultation with the \nSecretary of Education, shall submit to Congress a report that includes \ndetailed recommendations for legislation--\n            (1) establishing a program to forgive student loans in a \n        manner that assists youth entrepreneurship by making available \n        capital for business formation; and\n            (2) establishing a program to defer student loan repayments \n        in a manner that assists youth entrepreneurship by making \n        available capital for business formation.\n\nSEC. 4. GAO STUDY AND REPORT.\n\n    (a) Study.--The Comptroller General of the United States shall \nconduct a study on--\n            (1) the economic impact of allowing youth entrepreneurs to \n        defer student loan repayments to make available capital for \n        business formation;\n            (2) the economic impact of increasing the participation of \n        individuals under 25 years of age in the microloan program of \n        the Small Business Administration (carried out under section \n        7(m) of the Small Business Act (15 U.S.C. 636(m)), \n        notwithstanding the limited collateral and formal business \n        experience of such individuals;\n            (3) alternative methods for measuring creditworthiness that \n        may assist youth entrepreneurship; and\n            (4) actions Congress should consider to promote youth \n        entrepreneurship.\n    (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Comptroller General shall submit to the Committee on \nSmall Business of the House of Representatives and the Committee on \nSmall Business and Entrepreneurship of the Senate a report on the \nresults of the study conducted under subsection (a).","title":""}
+{"_id":"c289","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Migratory Bird Hunting and \nConservation Stamp Promotion Act of 1998''.\n\nSEC. 2. PROMOTION OF STAMP SALES.\n\n    (a) In General.--Section 4 of the Act of March 16, 1934 (commonly \nknown as the ``Migratory Bird Hunting and Conservation Stamp Act'') (16 \nU.S.C. 718d), is amended--\n            (1) in subsection (b), by striking ``subsection (c) of this \n        section'' and inserting ``subsections (c) and (d)''; and\n            (2) by adding at the end the following:\n    ``(d) Promotion of Stamp Sales.--\n            ``(1) In general.--Subject to approval of an annual \n        marketing plan by the Migratory Bird Conservation Commission \n        established by section 2 of the Migratory Bird Conservation Act \n        (16 U.S.C. 715a), the Secretary of the Interior may use from \n        receipts from the sale of migratory bird hunting and \n        conservation stamps an amount not to exceed $1,000,000 for each \n        of fiscal years 1999 through 2003 for the promotion of \n        additional stamp sales.\n            ``(2) Annual report.--The Secretary of the Interior shall--\n                    ``(A) include in each report under section 3 of the \n                Migratory Bird Conservation Act (16 U.S.C. 715b) a \n                statement of all expenditures under paragraph (1); and\n                    ``(B) provide a copy to the Migratory Bird \n                Conservation Commission, the Committee on Environment \n                and Public Works of the Senate, and the Committee on \n                Resources of the House of Representatives.''.\n    (b) Technical Amendments.--\n            (1) Short title.--\n                    (A) The Act of March 16, 1934 (16 U.S.C. 718 et \n                seq.), is amended by adding at the end the following:\n\n``SEC. 11. SHORT TITLE.\n\n    ``This Act may be cited as the `Migratory Bird Hunting and \nConservation Stamp Act'.''.\n                    (B) Section 4(d)(2) of the National Wildlife Refuge \n                System Administration Act of 1966 (16 U.S.C. \n                668dd(d)(2)) is amended in the last sentence by \n                striking ``Migratory Bird Hunting Stamp Act'' and \n                inserting ``Migratory Bird Hunting and Conservation \n                Stamp Act''.\n                    (C) Section 102 of the Sikes Act (16 U.S.C. 670b) \n                is amended by striking ``Migratory Bird Hunting Stamp \n                Act as amended'' and inserting ``Migratory Bird Hunting \n                and Conservation Stamp Act (16 U.S.C. 718 et seq.)''.\n                    (D) Section 203(b)(4)(A) of the Sikes Act (16 \n                U.S.C. 670i(b)(4)(A)) is amended by striking ``Act of \n                March 16, 1934, commonly referred to as the Migratory \n                Bird Hunting Stamp Act'' and inserting ``Migratory Bird \n                Hunting and Conservation Stamp Act''.\n                    (E) Section 2 of Public Law 87-383 (16 U.S.C. 715k-\n                4) is amended by striking ``Migratory Bird Hunting \n                Stamp Act of March 16, 1934, as amended'' and inserting \n                ``Migratory Bird Hunting and Conservation Stamp Act''.\n                    (F) Section 201 of the Emergency Wetlands Resources \n                Act of 1986 (16 U.S.C. 3911) is amended--\n                            (i) in subsection (b)(1)(A), by striking \n                        ``Act of March 16, 1934 (16 U.S.C. 718b) \n                        (commonly known as the Duck Stamp Act)'' and \n                        inserting ``Migratory Bird Hunting and \n                        Conservation Stamp Act (16 U.S.C. 718b)''; and\n                            (ii) in subsection (c)(B), by striking \n                        ``Act of March 16, 1934'' and inserting \n                        ``Migratory Bird Hunting and Conservation Stamp \n                        Act''.\n                    (G) Section 203 of the Emergency Wetlands Resources \n                Act of 1986 (16 U.S.C. 3912) is amended by striking \n                ``Act of March 16, 1934'' and inserting ``Migratory \n                Bird Hunting and Conservation Stamp Act''.\n                    (H) Clause (ii) of section 504(1) of title 18, \n                United States Code, is amended by striking ``Migratory \n                Bird Hunting Stamp Act of 1934'' and inserting \n                ``Migratory Bird Hunting and Conservation Stamp Act (16 \n                U.S.C. 718 et seq.)''.\n                    (I) Section 28(f) of the Act of August 13, 1954 (25 \n                U.S.C. 564w-1(f) is amended--\n                            (i) in the second sentence, by striking \n                        ``Migratory Bird Hunting Stamp Act of March 16, \n                        1934, as amended (16 U.S.C. 718)'' and \n                        inserting ``Migratory Bird Hunting and \n                        Conservation Stamp Act (16 U.S.C. 718 et \n                        seq.)''; and\n                            (ii) in the third sentence, by striking \n                        ``section 4 of the Act of March 16, 1934 (48 \n                        Stat. 451), as amended or supplemented'' and \n                        inserting ``section 4 of the Migratory Bird \n                        Hunting and Conservation Stamp Act (16 U.S.C. \n                        718d)''.\n            (2) Migratory bird hunting and conservation stamp.--\n                    (A) The first section and section 10 of the Act of \n                March 16, 1934 (16 U.S.C. 718a, 718j), are amended by \n                striking ``migratory-bird hunting and conservation \n                stamp'' each place it appears and inserting ``migratory \n                bird hunting and conservation stamp''.\n                    (B) Section 2(a) of the Act of March 16, 1934 (16 \n                U.S.C. 718b(a)), is amended in the fifth sentence by \n                striking ``migratory-bird hunting stamps'' and \n                inserting ``migratory bird hunting and conservation \n                stamps''.\n                    (C) Sections 4(a) and 5(c) of the Act of March 16, \n                1934 (16 U.S.C. 718d(a), 718e(c)), are amended by \n                striking ``migratory bird hunting stamps'' each place \n                it appears and inserting ``migratory bird hunting and \n                conservation stamps''.\n                    (D) Section 5(a) of the Act of March 16, 1934 (16 \n                U.S.C. 718e(a)), is amended by striking ``migratory-\n                bird hunting stamp'' and inserting ``migratory bird \n                hunting and conservation stamp''.\n                    (E) Section 2(4) of the Act of September 28, 1962 \n                (16 U.S.C. 460k-1(4)), is amended by striking \n                ``migratory bird hunting stamps'' and inserting \n                ``migratory bird hunting and conservation stamps''.\n                    (F) Section 203(b)(4)(A) of the Sikes Act (16 \n                U.S.C. 670i(b)(4)(A)) is amended by striking \n                ``migratory bird hunting stamp'' and inserting \n                ``migratory bird hunting and conservation stamp''.\n                    (G) Section 3(a) of the Act of July 30, 1956 (16 \n                U.S.C. 718b-1), is amended by striking ``migratory-bird \n                hunting stamps'' and inserting ``migratory bird hunting \n                and conservation stamps''.","title":""}
+{"_id":"c29","text":"SECTION 1. FINDINGS.\n\n    Congress finds that--\n            (1) the Cape Fox Corporation (referred to in this Act as \n        ``Cape Fox'') is a Village Corporation for the Native Village \n        of Saxman, Alaska, organized pursuant to the Alaska Native \n        Claims Settlement Act (43 U.S.C. 1601 et seq.);\n            (2) similar to other Village Corporations in southeast \n        Alaska, under section 16 of that Act (43 U.S.C. 1615), Cape Fox \n        could select only 23,040 acres from land withdrawn for the \n        purpose of that selection;\n            (3) under section 22(l) of that Act (43 U.S.C. 1621(l))--\n                    (A) the Village Corporations in southeast Alaska, \n                other than Cape Fox, were restricted with respect to \n                the selection of land within 2 miles of a home rule \n                city (as that term is used in that Act); and\n                    (B) to protect the watersheds in the vicinity, Cape \n                Fox was restricted with respect to the selection of \n                land within 6 miles of the boundary of the home rule \n                city of Ketchikan, Alaska;\n            (4) the 6-mile restriction described in paragraph (3)(B) \n        precluded Cape Fox from selecting valuable timber land, \n        industrial sites, and other commercial property located--\n                    (A) within the townships in which the Native \n                Village of Saxman is located, more particularly \n                described as T.75 S., T.76 S., R.91 E., Copper River \n                Meridian; and\n                    (B) on surrounding land that is far removed from \n                Ketchikan, Alaska, and its watersheds;\n            (5) as a result of that 6-mile restriction, only the \n        remote, mountainous, northeast corner of the property described \n        in paragraph (4)(A), which is nonproductive and has no known \n        economic value, was available for selection by Cape Fox, as \n        required under section 16(b) of the Alaska Native Claims \n        Settlement Act (43 U.S.C. 1615(b));\n            (6) land selections by Cape Fox under that Act were further \n        limited by the fact that--\n                    (A) the Annette Island Indian Reservation is \n                located within the applicable selection area; and\n                    (B) land of that reservation is unavailable for \n                selection by Cape Fox;\n            (7) Cape Fox is the only Village Corporation affected by \n        the restrictions described in paragraphs (3)(B) and (6);\n            (8) the Secretary of the Interior (referred to in this Act \n        as the ``Secretary'') has advised Congress that the predicament \n        of Cape Fox is sufficiently unique to warrant the legislative \n        remedy provided by this Act; and\n            (9) the adjustment of the selections available and \n        conveyances of land to Cape Fox under the Alaska Native Claims \n        Settlement Act (43 U.S.C. 1601 et seq.), and the related \n        adjustment of selections available and conveyances of land to \n        the Regional Corporation for Sealaska established pursuant to \n        that Act, are in accordance with--\n                    (A) the purposes of that Act; and\n                    (B) the public interest.\n\nSEC. 2. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND.\n\n    Notwithstanding section 16(b) of the Alaska Native Claims \nSettlement Act (43 U.S.C. 1615(b)), Cape Fox shall not be required to \nselect or receive conveyance of the approximately 160 acres of \nunconveyed Federal land located within sec. 1, T.75 S., R.91 E., Copper \nRiver Meridian.\n\nSEC. 3. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.\n\n    (a) Selection and Conveyance of Surface Estate.--Not later than 90 \ndays after the date of enactment of this Act, in addition to land made \navailable for selection under the Alaska Native Claims Settlement Act \n(43 U.S.C. 1601 et seq.), Cape Fox may select, and, on receiving \nwritten notice of the selection, the Secretary shall convey, the \napproximately 99 acres of the surface estate of Tongass National Forest \nland located outside the exterior selection boundary of Cape Fox (as in \nexistence on the day before the date of enactment of this Act) and more \nparticularly described as follows:\n            (1) T.73 S., R.90 E., Copper River Meridian.\n            (2) Of land located in sec. 33--\n                    (A) the 38 acres located within the SW\\1\/4\\SE\\1\/4\\;\n                    (B) the 13 acres located within the NW\\1\/4\\SE\\1\/4\\;\n                    (C) the 40 acres located within the SE\\1\/4\\SE\\1\/4\\; \n                and\n                    (D) the 8 acres located within the SE\\1\/4\\SW\\1\/4\\.\n    (b) Conveyance of Subsurface Estate.--On conveyance to Cape Fox of \nthe surface estate to the land identified in subsection (a), the \nSecretary shall convey to Sealaska Corporation the subsurface estate to \nthe land.\n    (c) Timing.--The Secretary shall complete the conveyances to Cape \nFox and Sealaska Corporation under this section as soon as practicable \nafter the date on which the Secretary receives a notice of the \nselection of Cape Fox under subsection (a).\n    (d) Entitlement Fulfilled.--\n            (1) Definition of approved conveyance.--The term ``approved \n        conveyance'' means the conveyance of the 40 acres described as \n        the SW\\1\/4\\NE\\1\/4\\ of sec. 10, T.74 S., R.90 E., Copper River \n        Meridian, selected and approved for conveyance by the decision \n        of the Bureau of Land Management dated May 3, 2000.\n            (2) Treatment as full entitlement.--The conveyance of land \n        to Cape Fox and Sealaska Corporation pursuant to subsection (a) \n        and the approved conveyance shall be considered to fulfill the \n        entitlement of--\n                    (A) Cape Fox under section 16 of the Alaska Native \n                Claims Settlement Act (43 U.S.C. 1615); and\n                    (B) Sealaska Corporation to any subsurface interest \n                in the land under section 14(f) of that Act (43 U.S.C. \n                1613(f)).","title":""}
+{"_id":"c290","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Military Call-Up Relief Act''.\n\nSEC. 2. WAIVER OF EARLY WITHDRAWAL PENALTY FOR DISTRIBUTIONS FROM \n              QUALIFIED RETIREMENT PLANS TO INDIVIDUALS CALLED TO \n              ACTIVE DUTY DURING THE NATIONAL EMERGENCY DECLARED BY THE \n              PRESIDENT ON SEPTEMBER 14, 2001.\n\n    (a) Waiver For Certain Distributions.--\n            (1) In general.--Section 72(t)(2) of the Internal Revenue \n        Code of 1986 (relating to 10-percent additional tax on early \n        distributions from qualified retirement plans) is amended by \n        adding at the end the following:\n                    ``(G) Distributions to individuals performing \n                national emergency active duty.--Any distribution to an \n                individual who, at the time of the distribution, is a \n                member of a reserve component called or ordered to \n                active duty pursuant to a provision of law referred to \n                in section 101(a)(13)(B) of title 10, United States \n                Code, during the period of the national emergency \n                declared by the President on September 14, 2001.''.\n            (2) Waiver of underpayment penalty.--Section 6654(e)(3) of \n        such Code (relating to waiver in certain cases) is amended by \n        adding at the end the following:\n                    ``(C) Certain early withdrawals from retirement \n                plans.--No addition to tax shall be imposed under \n                subsection (a) with respect to any underpayment to the \n                extent such underpayment was created or increased by \n                any distribution described in section 72(t)(2)(G).''.\n            (3) Effective date.--The amendments made by this subsection \n        shall apply to distributions made to an individual after \n        September 13, 2001.\n    (b) Catch-up Contributions Allowed.--\n            (1) Individual retirement accounts.--Section 219(b)(5) of \n        the Internal Revenue Code of 1986 (relating to deductible \n        amount) is amended by adding at the end the following:\n                    ``(D) Catch-up contributions for certain \n                distributions.--In the case of an individual who has \n                received a distribution described in section \n                72(t)(2)(G), the deductible amount for any taxable year \n                shall be increased by an amount equal to--\n                            ``(i) the aggregate amount of such \n                        distributions (not attributable to earnings) \n                        made with respect to such individual, over\n                            ``(ii) the aggregate amount of such \n                        distributions (not attributable to earnings) \n                        previously taken into account under this \n                        subparagraph or section 414(w).''.\n            (2) Roth iras.--Section 408A(c) of such Code (relating to \n        treatment of contributions) is amended by redesignating \n        paragraph (7) as paragraph (8) and by inserting after paragraph \n        (6) the following:\n            ``(7) Catch-up contributions for certain distributions.--\n        Any contribution described in section 219(b)(5)(D) shall not be \n        taken into account for purposes of paragraph (2).''.\n            (3) Employer plans.--Section 414 of such Code (relating to \n        definitions and special rules) is amended by adding at the end \n        the following:\n    ``(w) Catch-up contributions for certain distributions.--\n            ``(1) In general.--An applicable employer plan shall not be \n        treated as failing to meet any requirement of this title solely \n        because the plan permits an applicable participant to make \n        additional elective deferrals in any plan year.\n            ``(2) Limitation on amount of additional deferrals.--\n                    ``(A) In general.--A plan shall not permit \n                additional elective deferrals under paragraph (1) for \n                any year in an amount greater than the lesser of--\n                            ``(i) the applicable dollar amount, or\n                            ``(ii) the excess (if any) of--\n                                    ``(I) the participant's \n                                compensation (as defined in section \n                                415(c)(3)) for the year, over\n                                    ``(II) any other elective deferrals \n                                of the participant for such year which \n                                are made without regard to this \n                                subsection.\n                    ``(B) Applicable dollar amount.--For purposes of \n                this paragraph, the applicable dollar amount with \n                respect to a participant shall be an amount equal to--\n                            ``(i) the aggregate amount of distributions \n                        described in section 72(t)(2)(G) (not \n                        attributable to earnings) made with respect to \n                        such participant, over\n                            ``(ii) the aggregate amount of such \n                        distributions (not attributable to earnings) \n                        previously taken into account under this \n                        subsection or section 219(b)(5)(B).\n            ``(3) Treatment of contributions.--Rules similar to the \n        rules of paragraphs (3) and (4) of subsection (v) shall apply \n        with respect to contributions made under this subsection.\n            ``(4) Definitions.--For purposes of this subsection, the \n        terms `applicable employer plan' and `elective deferral' have \n        the same meanings given such terms in subsection (v)(6).''.\n            (4) Conforming amendment.--Section 414(v)(2)(A)(ii)(II) of \n        such Code (relating to limitation on amount of additional \n        deferrals) is amended by inserting ``(other than deferrals \n        under subsection (w))'' after ``deferrals''.\n            (5) Effective date.--The amendments made by this subsection \n        shall apply to contributions in taxable years ending after \n        December 31, 2001.","title":""}
+{"_id":"c291","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Military Commissions Act of 2004''.\n\nSEC. 2. USE OF MILITARY COMMISSIONS FOR OFFENSES UNDER LAW OF WAR OR IN \n              FURTHERANCE OF TERRORISM.\n\n    (a) In General.--Subchapter XI of chapter 47 of title 10, United \nStates Code (the Uniform Code of Military Justice), is amended by \ninserting after section 935 (article 135) the following new section:\n``Sec. 935a. Art. 135a. Military commissions for offenses against the \n              law of war or in furtherance of terrorism\n    ``(a) A military commission covered by this section may be \nappointed only by the President or a person designated by the President \nfor such purpose.\n    ``(b) A military commission appointed under subsection (a) may try \nany person, not a citizen of the United States, for one or more \noffenses against the law of war or in furtherance of terrorism.\n    ``(c) A military commission shall consist of not less than three \nmembers and not more than seven members. However, in a case in which \nthe accused may be sentenced to a penalty of death, the commission \nshall consist of seven members. The commission may also include not \nmore than two alternate members. Each member and alternate member shall \nbe a commissioned officer of the armed forces.\n    ``(d) A military commission shall have a presiding officer, who \nshall be appointed from among the members. The presiding officer shall \nbe a judge advocate and shall preside over the proceedings of the \ncommission to ensure a full, fair, and expeditious trial. The presiding \nofficer shall rule upon all questions of law and all interlocutory \nquestions arising during the proceedings. A majority of the members may \noverrule the presiding officer on any ruling that excludes evidence on \nthe merits.\n    ``(e) Trial and defense counsel shall be detailed for a military \ncommission on the same basis as such counsel are detailed for a general \ncourt-martial under section 827 (article 27).\n    ``(f) Members of a military commission shall deliberate and vote in \nclosed conference. Voting on the findings and on the sentence shall be \nby secret written ballot.\n    ``(g) A military commission covered by this section may not find a \nperson guilty of an offense, and may not determine a sentence, except \nby the concurrence of two-thirds of the members present at the time the \nvote is taken. The commission may not sentence a person to suffer death \nexcept by the concurrence of all the members as to the findings and as \nto the sentence.\n    ``(h) A military commission may, under such limitations as the \nPresident may prescribe, adjudge any punishment permitted by the law of \nwar, including death, imprisonment for life or for any lesser term, \npayment of a fine or restitution, or such other lawful punishment or \npunishments as the commission shall determine to be proper. The \nsentence of death may be adjudged only if the accused has been found \nguilty of spying or an offense causing the death of one or more \npersons. A commission may not sentence any person to suffer death for \nan offense committed before the person attained the age of eighteen \nyears. A sentence of death may not be executed until approved by the \nPresident.\n    ``(i) Pursuant to section 936 (Article 36) of the chapter, the \nPresident may prescribe rules of evidence and procedure for trial by a \nmilitary commission. The accused in a military commission shall be \ngiven the following minimum rights and protections:\n            ``(1) The accused shall have the right to a fair trial, \n        without adverse distinction based upon race, color, gender, \n        language, religion, birth, wealth, or any similar criteria.\n            ``(2) The accused shall be presumed innocent until proven \n        guilty. The burden of proof shall be upon the prosecution to \n        prove each element of an offense beyond a reasonable doubt.\n            ``(3) The accused shall be informed of the charges against \n        him in a language he understands as soon as practicable prior \n        to trial.\n            ``(4) The accused shall have the right to a public trial, \n        unless the appointing authority determines that a closed trial, \n        or any portion thereof, is necessary to the national security \n        of the United States.\n            ``(5) The accused may not be compelled to testify or \n        present evidence against himself.\n            ``(6) No adverse inference will be drawn against him by \n        reason of a decision not to testify on his own behalf.\n            ``(7) Evidence obtained through the use of torture (as \n        defined in section 2340 of title 18), will not be admitted in \n        evidence at trial by a military commission.\n            ``(8) The accused shall be entitled to assistance of \n        counsel at all stages of proceedings and shall have adequate \n        time and facilities available for the preparation of his \n        defense. The accused shall have the right to represent himself \n        in trail by military commission, subject to the discretion of \n        the presiding officer.\n            ``(9) The accused shall have the right to present evidence \n        and to cross-examine each witness.\n            ``(10) The accused shall have equal opportunity to obtain \n        witnesses and other evidence in accordance with such \n        regulations as the President may prescribe.\n            ``(11) The accused shall have access to all evidence that \n        trial counsel intends to offer at trial and all evidence known \n        to trial counsel or to the commission that tends to exculpate \n        him.\n            ``(12) The accused shall have the right to be present at \n        each stage of the proceedings, unless he engages in conduct \n        that the presiding officer determines to be disruptive.\n            ``(13) The accused shall not be tried a second time for the \n        same offense.\n    ``(j) A person found guilty by military commission shall have a \nright to review of that finding and any adjudged sentence in accordance \nwith this section.\n    ``(k)(1) After trial, the presiding officer shall promptly \nauthenticate a verbatim transcript and record of trial.\n    ``(2) The appointing authority shall, within a reasonable period of \ntime, carry out an administrative review of the transcript and record \nof trial and take such administrative actions as the authority \nconsiders appropriate, which may include directing the commission to \nconduct any necessary supplemental proceedings.\n    ``(3) The Secretary of Defense shall review the record of trial \nand, within a reasonable period of time, take one or more of the \nfollowing actions of the case:\n            ``(A) Approve, disapprove, commute, mitigate, or suspend \n        the sentence in whole or in part.\n            ``(B) Approve or disapprove a finding of guilty, or change \n        a finding of guilty to a charge or specification to a finding \n        of guilty to a lesser included offense of the offense stated in \n        the charge.\n    ``(4)(A) Following action by the Secretary of Defense, the Court of \nAppeals for the Armed Forces shall review the record of a military \ncommission--\n            ``(i) in any case in which the sentence extends to death or \n        to confinement in excess of five years; and\n            ``(ii) in any other case that the President may prescribe.\n    ``(B) In any case reviewed by it under this subsection, the Court \nof Appeals for the Armed Forces may act only with respect to the \nfindings and sentence as in effect after review by the convening \nauthority and the Secretary of Defense under subsection (k)(3).\n    ``(C) The Court of Appeals for the Armed Forces shall take action \nonly with respect to matters of law and shall take such action as is \npermitted under section 867 (Article 67) of this chapter.\n    ``(5) The Supreme Court of the United States shall have \njurisdiction to review, by writ of certiorari, an action of the Court \nof Appeals for the Armed Forces under this subsection.\n    ``(l) The Secretary of Defense shall submit to Congress each order, \nrule, and regulation prescribed under this section. Such order, rule, \nor regulation may not take effect until 30 days after it is so \nsubmitted.\n    ``(m) Not later than March 15 of each year, the Secretary of \nDefense shall submit to Congress a report on the use of military \ncommissions covered by this section during the preceding calendar year. \nThe report shall set forth a summary of each case covered by this \nsection during such year, together with the disposition and current \nstatus of that case. The report shall also set forth a detailed \ndescription of the activities of the Department with respect to \nmilitary commissions, a copy of all current rules and regulations \nrelating to the use of military commissions, and an accounting of all \nfunds expended on matters relating to the use of military \ncommissions.''.\n    (b) The table of sections at the beginning of such subchapter is \namended by adding at the end the following new item:\n\n``935a. Art. 135a. Military commissions for offenses against the law of \n                            war or in furtherance of terrorism.''.","title":""}
+{"_id":"c292","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Military Readiness Enhancement Act \nof 2010''.\n\nSEC. 2. PURPOSE.\n\n    The purpose of this Act is to institute in the Armed Forces a \npolicy of nondiscrimination based on sexual orientation.\n\nSEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEXUALITY IN THE ARMED \n              FORCES.\n\n    The following provisions of law are repealed:\n            (1) Section 654 of title 10, United States Code.\n            (2) Subsections (b), (c), and (d) of section 571 of the \n        National Defense Authorization Act for Fiscal Year 1994 (10 \n        U.S.C. 654 note).\n\nSEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINATION BASED ON SEXUAL \n              ORIENTATION IN THE ARMED FORCES.\n\n    (a) Establishment of Policy.--\n            (1) In general.--Chapter 37 of title 10, United States \n        Code, is amended by adding at the end the following new \n        section:\n``Sec. 656. Policy of nondiscrimination based on sexual orientation in \n              the armed forces\n    ``(a) Policy.--The Secretary of Defense, and the Secretary of \nHomeland Security with respect to the Coast Guard when it is not \noperating as a service in the Navy, may not discriminate on the basis \nof sexual orientation against any member of the armed forces or against \nany person seeking to become a member of the armed forces.\n    ``(b) Discrimination on Basis of Sexual Orientation.--For purposes \nof this section, discrimination on the basis of sexual orientation is--\n            ``(1) in the case of a member of the armed forces, the \n        taking of any personnel or administrative action (including any \n        action relating to promotion, demotion, evaluation, selection \n        for an award, selection for a duty assignment, transfer, or \n        separation) in whole or in part on the basis of sexual \n        orientation; and\n            ``(2) in the case of a person seeking to become a member of \n        the armed forces, denial of accession into the armed forces in \n        whole or in part on the basis of sexual orientation.\n    ``(c) Personnel and Administrative Policies and Action.--The \nSecretary of Defense, and the Secretary of Homeland Security with \nrespect to the Coast Guard when it is not operating as a service in the \nNavy, may not establish, implement, or apply any personnel or \nadministrative policy, or take any personnel or administrative action \n(including any policy or action relating to promotions, demotions, \nevaluations, selections for awards, selections for duty assignments, \ntransfers, or separations) in whole or in part on the basis of sexual \norientation.\n    ``(d) Rules and Policies Regarding Conduct.--Nothing in this \nsection prohibits the Secretary of Defense, and the Secretary of \nHomeland Security with respect to the Coast Guard when it is not \noperating as a service in the Navy, from prescribing or enforcing \nregulations governing the conduct of members of the armed forces if the \nregulations are designed and applied without regard to sexual \norientation.\n    ``(e) Re-Accession of Otherwise Qualified Persons Permitted.--Any \nperson separated from the armed forces on the basis of sexual \norientation in accordance with laws and regulations in effect before \nthe date of the enactment of this section, if otherwise qualified for \nre-accession into the armed forces, shall not be prohibited from re-\naccession into the armed forces on the sole basis of such separation.\n    ``(f) Sexual Orientation.--In this section, the term `sexual \norientation' means heterosexuality, homosexuality, or bisexuality, \nwhether the orientation is real or perceived, and includes statements \nand consensual sexual conduct that is not otherwise illegal manifesting \nheterosexuality, homosexuality, or bisexuality.''.\n            (2) Clerical amendments.--The table of sections at the \n        beginning of chapter 37 of such title is amended--\n                    (A) by striking the item relating to section 654; \n                and\n                    (B) by adding at the end the following new item:\n\n``656. Policy of nondiscrimination based on sexual orientation in the \n                            armed forces.''.\n    (b) Conforming Amendments.--Title 10, United States Code, is \namended as follows:\n            (1) Section 481 is amended--\n                    (A) In subsection (a)(2), by inserting ``, \n                including sexual orientation discrimination,'' after \n                ``discrimination'' in subparagraphs (C) and (D); and\n                    (B) in subsection (c), by inserting ``and sexual \n                orientation-based'' after ``gender-based'' both places \n                it appears.\n            (2) Section 983(a)(1) is amended by striking ``(in \n        accordance with section 654 of this title and other applicable \n        Federal laws)''.\n            (3) Section 1034(i)(3) is amended by inserting ``sexual \n        orientation,'' after ``sex,''.\n\nSEC. 5. BENEFITS.\n\n    Nothing in this Act, or the amendments made by this Act, shall be \nconstrued to require the furnishing of dependent benefits in violation \nof section 7 of title 1, United States Code (relating to the \ndefinitions of ``marriage'' and ``spouse'' and referred to as the \n``Defense of Marriage Act'').\n\nSEC. 6. NO PRIVATE CAUSE OF ACTION FOR DAMAGES.\n\n    Nothing in this Act, or the amendments made by this Act, shall be \nconstrued to create a private cause of action for damages.\n\nSEC. 7. REVIEW AND IMPLEMENTATION.\n\n    (a) Pentagon Working Group.--\n            (1) Establishment.--The Secretary of Defense shall \n        establish in the Department of Defense a working group (to be \n        known as the ``Pentagon Working Group'') to make \n        recommendations to the Secretary regarding the implementation \n        of this Act and the amendments made by this Act.\n            (2) Treatment of existing working group.--If there exists \n        in the Department as of the date of the enactment of this Act a \n        working group on recommendations regarding the repeal of \n        section 654 of title 10, United States Code, the Secretary may \n        treat the working group as the working group required by \n        paragraph (1) for purposes of this section.\n    (b) Working Group Recommendations.--\n            (1) Submittal to secretary of defense.--Not later than 270 \n        days after the date of the enactment of this Act, the working \n        group under subsection (a) shall submit to the Secretary of \n        Defense a written report setting forth such recommendations as \n        the working group considers appropriate for a revision of \n        Department of Defense regulations, or the issuance of new \n        regulations, to implement this Act and the amendments made by \n        this Act.\n            (2) Submittal to congress.--The report under paragraph (1) \n        shall also be submitted to the Committees on Armed Services of \n        the Senate and the House of Representatives.\n    (c) Regulations.--\n            (1) Revisions required.--Not later than 60 days after \n        receipt of the report required by subsection (b)(1), the \n        Secretary of Defense shall revise Department of Defense \n        regulations, and shall issue such new regulations as may be \n        necessary, to implement this Act and the amendments made by \n        this Act. The Secretary of Defense shall further direct the \n        Secretary of each military department to revise regulations of \n        that military department in accordance with this Act, not later \n        than 120 days after the Secretary of Defense receives the \n        report required by subsection (b)(1).\n            (2) Elements.--The revisions required by paragraph (1) \n        shall include the following:\n                    (A) Revision of all equal opportunity and human \n                relations regulations, directives, and instructions to \n                add sexual orientation nondiscrimination to the \n                Department of Defense Equal Opportunity policy and to \n                related human relations training programs.\n                    (B) Revision of Department of Defense and military \n                department personnel regulations to eliminate \n                procedures for involuntary discharges based on sexual \n                orientation.\n                    (C) Revision of Department of Defense and military \n                department regulations governing victims' advocacy \n                programs to include sexual orientation discrimination \n                among the forms of discrimination for which members of \n                the Armed Forces and their families may seek \n                assistance.\n                    (D) Revision of any Department of Defense and \n                military department regulations as necessary to ensure \n                that regulations governing the personal conduct of \n                members of the Armed Forces are written and enforced \n                without regard to sexual orientation.\n    (d) Sexual Orientation Defined.--In this section, the term ``sexual \norientation'' has the meaning given that term in section 656(f) of \ntitle 10, United States Code, as added by section 4(a).\n\nSEC. 8. REPORT.\n\n    Not later than 180 days after the date of the enactment of this \nAct, the Secretary of Defense shall submit to the Committees on Armed \nServices of the Senate and the House of Representatives a report \nsetting forth an assessment of the compliance of institutions of higher \neducation with section 983 of title 10, United States Code (as amended \nby section 4(b)), and describing the actions, if any, taken by the \nSecretary to effect the denial of funds authorized in that section to \nan institution of higher education that continues to prohibit, or in \neffect prevent, the Secretary or a military department from \nmaintaining, establishing, or operating a unit of the Senior Reserve \nOfficers' Training Corps at that institution (or any subelement of that \ninstitution).","title":""}
+{"_id":"c293","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Minority Business Development \nImprovements Act of 2009''.\n\nSEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.\n\n    The Director of the Minority Business Development Agency shall \nestablish the Minority Business Development Program (hereinafter in \nthis Act referred to as the ``Program'') to assist qualified minority \nbusinesses. The Program shall provide to such businesses the following:\n            (1) Technical assistance.\n            (2) Loan guarantees.\n            (3) Contract procurement assistance.\n\nSEC. 3. QUALIFIED MINORITY BUSINESS.\n\n    (a) Certification.--For purposes of the Program, the Director may \ncertify as a qualified minority business any entity that satisfies each \nof the following:\n            (1) Not less than 51 percent of the entity is directly and \n        unconditionally owned or controlled by historically \n        disadvantaged individuals.\n            (2) Each officer or other individual who exercises control \n        over the regular operations of the entity is a historically \n        disadvantaged individual.\n            (3) The net worth of each principal of the entity is not \n        greater than $2,000,000. (The equity of a disadvantaged owner \n        in a primary personal residence shall be considered in this \n        calculation.)\n            (4) The principal place of business of the entity is in the \n        United States.\n            (5) Each principal of the entity maintains good character \n        in the determination of the Director.\n            (6) The entity engages in competitive and bona fide \n        commercial business operations in not less than one sector of \n        industry that has a North American Industry Classification \n        System code.\n            (7) The entity submits reports to the Director at such \n        time, in such form, and containing such information as the \n        Director may require.\n            (8) Any additional requirements that the Director \n        determines appropriate.\n    (b) Term of Certification.--A certification under this section \nshall be for a term of 5 years and may not be renewed.\n\nSEC. 4. TECHNICAL ASSISTANCE.\n\n    (a) In General.--In carrying out the Program, the Director may \nprovide to qualified minority businesses technical assistance with \nregard to the following:\n            (1) Writing business plans.\n            (2) Marketing.\n            (3) Management.\n            (4) Securing sufficient financing for business operations.\n    (b) Contract Authority.--The Director may enter into agreements \nwith persons to provide technical assistance under this section.\n    (c) Authorization of Appropriations.--There are authorized to be \nappropriated $200,000,000 to the Director to carry out this section. \nSuch sums shall remain available until expended.\n\nSEC. 5. LOAN GUARANTEES.\n\n    (a) In General.--Subject to subsection (b), the Director may \nguarantee up to 90 percent of the amount of a loan made to a qualified \nminority business to be used for business purposes, including the \nfollowing:\n            (1) Purchasing essential equipment.\n            (2) Payroll expenses.\n            (3) Purchasing facilities.\n            (4) Renovating facilities.\n    (b) Terms and Conditions.--\n            (1) In general.--The Director may make guarantees under \n        this section for projects on such terms and conditions as the \n        Director determines appropriate, after consultation with the \n        Secretary of the Treasury, in accordance with this section.\n            (2) Repayment.--No guarantee shall be made under this \n        section unless the Director determines that there is reasonable \n        prospect of repayment of the principal and interest on the \n        obligation by the borrower.\n            (3) Defaults.--\n                    (A) Payment by director.--\n                            (i) In general.--If a borrower defaults on \n                        the obligation (as defined in regulations \n                        promulgated by the Director and specified in \n                        the guarantee contract), the holder of the \n                        guarantee shall have the right to demand \n                        payment of the unpaid amount from the Director.\n                            (ii) Payment required.--Within such period \n                        as may be specified in the guarantee or related \n                        agreements, the Director shall pay to the \n                        holder of the guarantee the unpaid interest on, \n                        and unpaid principal of the obligation as to \n                        which the borrower has defaulted, unless the \n                        Director finds that there was no default by the \n                        borrower in the payment of interest or \n                        principal or that the default has been \n                        remedied.\n                            (iii) Forbearance.--Nothing in this \n                        paragraph precludes any forbearance by the \n                        holder of the obligation for the benefit of the \n                        borrower which may be agreed upon by the \n                        parties to the obligation and approved by the \n                        Director.\n                    (B) Subrogation.--\n                            (i) In general.--If the Director makes a \n                        payment under subparagraph (A), the Director \n                        shall be subrogated to the rights of the \n                        recipient of the payment as specified in the \n                        guarantee or related agreements including, \n                        where appropriate, the authority \n                        (notwithstanding any other provision of law) \n                        to--\n                                    (I) complete, maintain, operate, \n                                lease, or otherwise dispose of any \n                                property acquired pursuant to such \n                                guarantee or related agreements; or\n                                    (II) permit the borrower, pursuant \n                                to an agreement with the Director, to \n                                continue to pursue the purposes of the \n                                project if the Director determines this \n                                to be in the public interest.\n                            (ii) Superiority of rights.--The rights of \n                        the Director, with respect to any property \n                        acquired pursuant to a guarantee or related \n                        agreements, shall be superior to the rights of \n                        any other person with respect to the property.\n                            (iii) Terms and conditions.--A guarantee \n                        agreement shall include such detailed terms and \n                        conditions as the Director determines \n                        appropriate to--\n                                    (I) protect the interests of the \n                                United States in the case of default; \n                                and\n                                    (II) have available all the patents \n                                and technology necessary for any person \n                                selected, including the Director, to \n                                complete and operate the project.\n                    (C) Payment of principal and interest by \n                director.--With respect to any obligation guaranteed \n                under this section, the Director may enter into a \n                contract to pay, and pay, holders of the obligation, \n                for and on behalf of the borrower, from funds \n                appropriated for that purpose, the principal and \n                interest payments which become due and payable on the \n                unpaid balance of the obligation if the Director finds \n                that--\n                            (i)(I) the borrower is unable to meet the \n                        payments and is not in default;\n                                    (II) it is in the public interest \n                                to permit the borrower to continue to \n                                pursue the purposes of the project; and\n                                    (III) the probable net benefit to \n                                the Federal Government in paying the \n                                principal and interest will be greater \n                                than that which would result in the \n                                event of a default;\n                            (ii) the amount of the payment that the \n                        Director is authorized to pay shall be no \n                        greater than the amount of principal and \n                        interest that the borrower is obligated to pay \n                        under the agreement being guaranteed; and\n                            (iii) the borrower agrees to reimburse the \n                        Director for the payment (including interest) \n                        on terms and conditions that are satisfactory \n                        to the Director.\n                    (D) Action by attorney general.--\n                            (i) Notification.--If the borrower defaults \n                        on an obligation, the Director shall notify the \n                        Attorney General of the default.\n                            (ii) Recovery.--On notification, the \n                        Attorney General shall take such action as is \n                        appropriate to recover the unpaid principal and \n                        interest due from--\n                                    (I) such assets of the defaulting \n                                borrower as are associated with the \n                                obligation; or\n                                    (II) any other security pledged to \n                                secure the obligation.\n            (4) Fees.--\n                    (A) In general.--The Director shall charge and \n                collect fees for guarantees in amounts the Director \n                determines are sufficient to cover applicable \n                administrative expenses, not to exceed 1 percent of the \n                amount guaranteed.\n                    (B) Availability.--Fees collected under this \n                paragraph shall--\n                            (i) be deposited by the Director into the \n                        Treasury; and\n                            (ii) remain available until expended, \n                        subject to such other conditions as are \n                        contained in annual appropriations Acts.\n    (c) Credit Requirements.--To receive a loan guaranteed under this \nsection a qualified minority business shall--\n            (1) be in good standing with regard to the credit of that \n        business in the determination of the Director;\n            (2) have received technical assistance under section 4; and\n            (3) submit reports, at such time, in such form, and \n        containing such information as the Director may require \n        regarding the credit of the business.\n    (d) Limits on Guarantee Amounts.--\n            (1) Maximum amount of guarantee.--The Director may \n        guarantee not more than $450,000 of any loan under this \n        section.\n            (2) Maximum gross loan amount.--A loan guaranteed under \n        this section may not be for a gross loan amount in excess of \n        $500,000.\n    (e) Authorization of Appropriations.--There are authorized to be \nappropriated to the Director not more than $500,000,000 to carry out \nthis section during fiscal years 2011 through 2016.\n\nSEC. 6. SET-ASIDE CONTRACTING OPPORTUNITIES.\n\n    (a) In General.--The Director may enter into agreements with the \nUnited States Government and any department, agency, or officer thereof \nhaving procurement powers for purposes of providing for the fulfillment \nof procurement contracts and providing opportunities for qualified \nminority businesses with regard to such contracts.\n    (b) Qualifications on Participation.--The Director shall by rule \nestablish requirements for participation under this section by a \nqualified minority business in a contract.\n    (c) Annual Limit on Number of Contracts Per Qualified Minority \nBusiness.--A qualified minority business may not participate under this \nsection in contracts in an amount that exceeds $10,000,000 for goods \nand services each fiscal year.\n    (d) Limits on Contract Amounts.--\n            (1) Goods and services.--Except as provided in paragraph \n        (2), a contract for goods and services under this section may \n        not exceed $6,000,000.\n            (2) Manufacturing and construction.--A contract for \n        manufacturing and construction services under this section may \n        not exceed $10,000,000.\n\nSEC. 7. TERMINATION FROM THE PROGRAM.\n\n    The Director may terminate a qualified minority business from the \nProgram for any violation of a requirement of sections 3 through 6 of \nthis Act by that qualified minority business, including the following:\n            (1) Conduct by a principal of the qualified minority \n        business that indicates a lack of business integrity.\n            (2) Willful failure to comply with applicable labor \n        standards and obligations.\n            (3) Consistent failure to tender adequate performance with \n        regard to contracts under the Program.\n            (4) Failure to obtain and maintain relevant certifications.\n            (5) Failure to pay outstanding obligations owed to the \n        Federal Government.\n\nSEC. 8. REPORTS.\n\n    (a) Report of the Director.--Not later than October 1, 2011, and \nannually thereafter, the Director shall submit to the Committee on \nEnergy and Commerce of the House of Representatives and the Committee \non Commerce, Science, and Transportation of the Senate a report \ndescribing the activities of the Director during the preceding year \nwith respect to the Program.\n    (b) Report of the Secretary of Commerce.--Not later than October 1, \n2011, and annually thereafter, the Secretary of Commerce shall submit \nto the Committee on Energy and Commerce of the House of Representatives \nand the Committee on Commerce, Science, and Transportation of the \nSenate a report describing the activities the Secretary engaged in \nduring the preceding year to build wealth among historically \ndisadvantaged individuals.\n\nSEC. 9. DEFINITIONS.\n\n    In this Act:\n            (1) The term ``historically disadvantaged individual'' \n        means any individual who is a member of a group that is \n        designated as eligible to receive assistance under section \n        1400.1 of title 15 of the Code of Federal Regulations, as in \n        effect on January 1, 2009.\n            (2) The term ``principal'' means any person that the \n        Director determines to exercise significant control over the \n        regular operations of a business entity.","title":""}
+{"_id":"c294","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Minority Business Development \nImprovements Act of 2010''.\n\nSEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.\n\n    The Director of the Minority Business Development Agency shall \nestablish the Minority Business Development Program (in this Act \nreferred to as the ``Program'') to assist qualified minority \nbusinesses. The Program shall provide to such businesses the following:\n            (1) Technical assistance.\n            (2) Contract procurement assistance.\n\nSEC. 3. QUALIFIED MINORITY BUSINESS.\n\n    (a) Certification.--For purposes of the Program, the Director may \ncertify as a qualified minority business any entity that satisfies each \nof the following:\n            (1) Not less than 51 percent of the entity is directly and \n        unconditionally owned or controlled by historically \n        disadvantaged individuals.\n            (2) Each officer or other individual who exercises control \n        over the regular operations of the entity is a historically \n        disadvantaged individual.\n            (3) The net worth of each principal of the entity is not \n        greater than $2,000,000. (The equity of a disadvantaged owner \n        in a primary personal residence shall be considered in this \n        calculation.)\n            (4) The principal place of business of the entity is in the \n        United States.\n            (5) Each principal of the entity maintains good character \n        in the determination of the Director.\n            (6) The entity engages in competitive and bona fide \n        commercial business operations in not less than one sector of \n        industry that has a North American Industry Classification \n        System code.\n            (7) The entity submits reports to the Director at such \n        time, in such form, and containing such information as the \n        Director may require.\n            (8) Any additional requirements that the Director \n        determines appropriate.\n    (b) Term of Certification.--A certification under this section \nshall be for a term of 5 years and may not be renewed.\n\nSEC. 4. TECHNICAL ASSISTANCE.\n\n    (a) In General.--In carrying out the Program, the Director may \nprovide to qualified minority businesses technical assistance with \nregard to the following:\n            (1) Writing business plans.\n            (2) Marketing.\n            (3) Management.\n            (4) Securing sufficient financing for business operations.\n    (b) Contract Authority.--The Director may enter into agreements \nwith persons to provide technical assistance under this section.\n    (c) Authorization of Appropriations.--There are authorized to be \nappropriated $200,000,000 to the Director to carry out this section. \nSuch sums shall remain available until expended.\n\nSEC. 5. SET-ASIDE CONTRACTING OPPORTUNITIES.\n\n    (a) In General.--The Director may enter into agreements with the \nUnited States Government and any department, agency, or officer thereof \nhaving procurement powers for purposes of providing for the fulfillment \nof procurement contracts and providing opportunities for qualified \nminority businesses with regard to such contracts.\n    (b) Qualifications on Participation.--The Director shall by rule \nestablish requirements for participation under this section by a \nqualified minority business in a contract.\n    (c) Annual Limit on Number of Contracts Per Qualified Minority \nBusiness.--A qualified minority business may not participate under this \nsection in contracts in an amount that exceeds $10,000,000 for goods \nand services each fiscal year.\n    (d) Limits on Contract Amounts.--\n            (1) Goods and services.--Except as provided in paragraph \n        (2), a contract for goods and services under this section may \n        not exceed $6,000,000.\n            (2) Manufacturing and construction.--A contract for \n        manufacturing and construction services under this section may \n        not exceed $10,000,000.\n\nSEC. 6. TERMINATION FROM THE PROGRAM.\n\n    The Director may terminate a qualified minority business from the \nProgram for any violation of a requirement of sections 3 through 5 of \nthis Act by that qualified minority business, including the following:\n            (1) Conduct by a principal of the qualified minority \n        business that indicates a lack of business integrity.\n            (2) Willful failure to comply with applicable labor \n        standards and obligations.\n            (3) Consistent failure to tender adequate performance with \n        regard to contracts under the Program.\n            (4) Failure to obtain and maintain relevant certifications.\n            (5) Failure to pay outstanding obligations owed to the \n        Federal Government.\n\nSEC. 7. REPORTS.\n\n    (a) Report of the Director.--Not later than October 1, 2011, and \nannually thereafter, the Director shall submit to the Committee on \nEnergy and Commerce of the House of Representatives and the Committee \non Commerce, Science, and Transportation of the Senate a report \ndescribing the activities of the Director during the preceding year \nwith respect to the Program.\n    (b) Report of the Secretary of Commerce.--Not later than October 1, \n2011, and annually thereafter, the Secretary of Commerce shall submit \nto the Committee on Energy and Commerce of the House of Representatives \nand the Committee on Commerce, Science, and Transportation of the \nSenate a report describing the activities the Secretary engaged in \nduring the preceding year to build wealth among historically \ndisadvantaged individuals.\n\nSEC. 8. DEFINITIONS.\n\n    In this Act:\n            (1) Historically disadvantaged individual.--The term \n        ``historically disadvantaged individual'' means any individual \n        who is a member of a group that is designated as eligible to \n        receive assistance under section 1400.1 of title 15, Code of \n        Federal Regulations, as in effect on January 1, 2009.\n            (2) Principal.--The term ``principal'' means any person \n        that the Director determines exercises significant control over \n        the regular operations of a business entity.","title":""}
+{"_id":"c295","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Minuteman Missile National Historic \nSite Establishment Act of 1998''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n    (a) Findings.--Congress finds that--\n            (1) the Minuteman II intercontinental ballistic missile \n        (hereinafter referred to as ``ICBM'') launch control facility \n        and launch facility known as ``Delta 1'' and ``Delta 9'', \n        respectively, have national significance as the best preserved \n        examples of the operational character of American history \n        during the Cold War;\n            (2) the facilities are symbolic of the dedication and \n        preparedness exhibited by the missileers of the Air Force \n        stationed throughout the upper Great Plains in remote and \n        forbidding locations during the Cold War;\n            (3) the facilities provide a unique opportunity to \n        illustrate the history and significance of the Cold War, the \n        arms race, and ICBM development; and\n            (4) the National Park System does not contain a unit that \n        specifically commemorates or interprets the Cold War.\n    (b) Purposes.--The purposes of this Act are--\n            (1) to preserve, protect, and interpret for the benefit and \n        enjoyment of present and future generations the structures \n        associated with the Minuteman II missile defense system;\n            (2) to interpret the historical role of the Minuteman II \n        missile defense system in the broader context of the Cold War \n        and the role of the system as a key component of America's \n        strategic commitment to preserve world peace; and\n            (3) to complement the interpretive programs relating to the \n        Minuteman II missile defense system offered by the South Dakota \n        Air and Space Museum at Ellsworth Air Force Base.\n\nSEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.\n\n    (a) Establishment.--(1) The Minuteman Missile National Historic \nSite in the State of South Dakota (hereinafter referred to as the \n``historic site'') is hereby established as a unit of the National Park \nSystem. The historic site shall consist of lands and interests therein \ncomprising the following Minuteman II ICBM launch control facilities, \nas generally depicted on the map referred to as ``Minuteman Missile \nNational Historic Site'', numbered 406\/80,008 and dated September, \n1998:\n            (A) An area surrounding the Minuteman II ICBM launch \n        control facility depicted as ``Delta 1 Launch Control \n        Facility''.\n            (B) An area surrounding the Minuteman II ICBM launch \n        control facility depicted as ``Delta 9 Launch Facility''.\n    (2) The map described in paragraph (1) shall be on file and \navailable for public inspection in the appropriate offices of the \nNational Park Service.\n    (3) The Secretary of the Interior (hereinafter referred to as the \n``Secretary'') is authorized to make minor adjustments to the boundary \nof the historic site.\n    (b) Administration of Historic Site.--The Secretary shall \nadminister the historic site in accordance with this Act and laws \ngenerally applicable to units of the National Park System, including \nthe Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 21, \n1935 (16 U.S.C. 461-467).\n    (c) Coordination With Secretary of Defense.--The Secretary shall \nconsult with the Secretary of Defense and the Secretary of State, as \nappropriate, to ensure that administration of the historic site is in \ncompliance with applicable treaties.\n    (d) Cooperative Agreements.--The Secretary may enter into \ncooperative agreements with appropriate public and private entities and \nindividuals in furtherance of the purposes of this Act.\n    (e) Land Acquisition.--(1) Except as provided in paragraph (2), the \nSecretary is authorized to acquire lands and interests therein within \nthe boundaries of the historic site by donation, purchase with donated \nor appropriated funds, exchange or transfer from another Federal \nagency: Provided, That lands or interests therein owned by the State of \nSouth Dakota may only be acquired by donation or exchange.\n    (2) The Secretary shall not acquire any lands pursuant to this Act \nif the Secretary determines that such lands, or any portion thereof, \nare contaminated with hazardous substances (as defined in the \nComprehensive Environmental Response, Compensation and Liability Act \n(42 U.S.C. 9601)), unless all remedial action necessary to protect \nhuman health and the environment has been taken pursuant to such Act.\n    (f) General Management Plan.--(1) Within three years after the date \nfunds are made available, the Secretary shall prepare a general \nmanagement plan for the historic site.\n    (2) The plan shall include an evaluation of an appropriate location \nfor a visitor facility and administrative site within the areas \ndepicted as ``Support Facility Study Area--Alternative A'' or ``Support \nFacility Study Area--Alternative B'' on the map referred to in \nsubsection (a). Upon a determination by the Secretary of the \nappropriate location for such facilities, the boundaries of the \nhistoric site shall be modified to include the selected site.\n    (3) In developing the plan, the Secretary shall consider \ncoordinating or consolidating appropriate administrative, management, \nand personnel functions with Badlands National Park.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n    (a) In General.--There is authorized to be appropriated such sums \nas may be necessary to carry out this Act.\n    (b) Air Force Funds.--The Secretary of the Air Force shall transfer \nto the Secretary any funds specifically appropriated to the Air Force \nfor the maintenance, protection, or preservation of the facilities \ndescribed in section 3. Such funds shall be used by the Secretary for \nestablishing, operating, and maintaining the historic site.\n    (c) Legacy Resource Management Program.--Nothing in this Act \naffects the use of any funds available for the Legacy Resource \nManagement Program being carried out by the Air Force that, before the \ndate of enactment of this Act, were directed to be used for resource \npreservation and treaty compliance.\n\n            Passed the Senate October 7 (legislative day, October 2), \n      1998.\n\n            Attest:\n\n                                                    GARY SISCO,\n\n                                                             Secretary.","title":""}
+{"_id":"c296","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Mobile Workforce State Income Tax \nFairness and Simplification Act''.\n\nSEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE \n              INCOME.\n\n    (a) In General.--No part of the wages or other remuneration earned \nby an employee who performs employment duties in more than one State \nshall be subject to income tax in any State other than--\n            (1) the State of the employee's residence; and\n            (2) the State within which the employee is present and \n        performing employment duties for more than 30 days during the \n        calendar year in which the income is earned.\n    (b) Wages or Other Remuneration.--Wages or other remuneration \nearned in any calendar year are not subject to State income tax \nwithholding and reporting unless the employee is subject to income tax \nunder subsection (a). Income tax withholding and reporting under \nsubsection (a)(2) shall apply to wages or other remuneration earned as \nof the commencement date of duties in the State during the calendar \nyear.\n    (c) Operating Rules.--For purposes of determining an employer's \nState income tax withholding and information return obligations--\n            (1) an employer may rely on an employee's determination of \n        the time expected to be spent by such employee in the States in \n        which the employee will perform duties absent--\n                    (A) actual knowledge of fraud by the employee in \n                making the estimate; or\n                    (B) collusion between the employer and the employee \n                to evade tax;\n            (2) if records are maintained by an employer recording the \n        location of an employee for other business purposes, such \n        records shall not preclude an employer's ability to rely on an \n        employee's determination as set forth in paragraph (1); and\n            (3) notwithstanding paragraph (2), if an employer, at its \n        sole discretion, maintains a time and attendance system which \n        tracks where the employee performs duties on a daily basis, \n        data from the time and attendance system shall be used instead \n        of the employee's determination as set forth in paragraph (1).\n    (d) Definitions and Special Rules.--For purposes of this Act:\n            (1) Day.--\n                    (A) An employee will be considered present and \n                performing employment duties within a State for a day \n                if the employee performs the preponderance of the \n                employee's employment duties within such State for such \n                day.\n                    (B) Notwithstanding subsection (d)(1)(A), if an \n                employee performs material employment duties in a \n                resident state and one nonresident state during one \n                day, such employee will be considered to have performed \n                the preponderance of the employee's employment duties \n                in the nonresident state for such day.\n                    (C) For purposes of subsection (d)(1), the portion \n                of the day the employee is in transit shall not apply \n                in determining the location of an employee's \n                performance of employment duties.\n            (2) Employee.--The term ``employee'' shall be defined by \n        the State in which the duties are performed, except that the \n        term ``employee'' shall not include a professional athlete, \n        professional entertainer, or certain public figures.\n            (3) Professional athlete.--The term ``professional \n        athlete'' means a person who performs services in a \n        professional athletic event, provided that the wages or other \n        remuneration are paid to such person for performing services in \n        his or her capacity as a professional athlete.\n            (4) Professional entertainer.--The term ``professional \n        entertainer'' means a person who performs services in the \n        professional performing arts for wages or other remuneration on \n        a per-event basis, provided that the wages or other \n        remuneration are paid to such person for performing services in \n        his or her capacity as a professional entertainer.\n            (5) Certain public figures.--The term ``certain public \n        figures'' means persons of prominence who perform services for \n        wages or other remuneration on a per-event basis, provided that \n        the wages or other remuneration are paid to such person for \n        services provided at a discrete event in the form of a speech, \n        similar presentation or personal appearance.\n            (6) Employer.--The term ``employer'' has the meaning given \n        such term in section 3401(d) of the Internal Revenue Code of \n        1986 (26 U.S.C. 3401(d)) or shall be defined by the State in \n        which the duties are performed.\n            (7) State.--The term ``State'' means each of the several \n        States of the United States.\n            (8) Time and attendance system.--The term ``time and \n        attendance system'' means a system where the employee is \n        required on a contemporaneous basis to record his work location \n        for every day worked outside of the state in which the \n        employee's duties are primarily preformed and the employer uses \n        this data to allocate the employee's wages between all taxing \n        jurisdictions in which the employee performs duties.\n            (9) Wages or other remuneration.--The term ``wages or other \n        remuneration'' shall be defined by the State in which the \n        employment duties are performed.\n\nSEC. 3. EFFECTIVE DATE.\n\n    This Act shall be effective on January 1, 2011.","title":""}
+{"_id":"c297","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Montana Fish and Wildlife \nConservation Act of 1998''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) it is in the interest of the United States for the \n        Secretary of the Interior to sell leaseholds at Canyon Ferry \n        Reservoir in the State of Montana for fair market value if the \n        proceeds from the sale are used--\n                    (A) to establish a trust to provide a permanent \n                source of funding to acquire access or other property \n                interests from willing sellers to conserve fish and \n                wildlife and to enhance public hunting and fishing \n                opportunities at the Reservoir and along the Missouri \n                River;\n                    (B) to establish a fund to be used to acquire \n                access or other property interests from willing sellers \n                to increase public access to Federal land in the State \n                of Montana and to enhance hunting and fishing \n                opportunities; and\n                    (C) to reduce the Pick-Sloan project debt for the \n                Canyon Ferry Unit;\n            (2) existing trusts in the State of Montana, including the \n        Rock Creek Trust and the Montana Power Company Missouri-Madison \n        Trust, have provided substantial public benefits by conserving \n        fish and wildlife and by enhancing public hunting and fishing \n        opportunities in the State of Montana;\n            (3) many Federal lands in the State of Montana do not have \n        suitable public access, and establishing a fund to acquire \n        easements to those lands from willing sellers would enhance \n        public hunting and fishing opportunities in the State of \n        Montana;\n            (4) the sale of the leaseholds at the Reservoir will reduce \n        Federal payments in lieu of taxes and associated management \n        expenditures in connection with the ownership by the Federal \n        Government of the leaseholds while increasing local tax \n        revenues from the new owners of the leased lots; and\n            (5) the sale of the leaseholds at the Reservoir will reduce \n        expensive and contentious disputes between the Federal \n        Government and leaseholders, while ensuring that the Federal \n        Government receives full and fair value for the acquisition of \n        the property.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) CFRA.--The term ``CFRA'' means the Canyon Ferry \n        Recreation Association, Incorporated, a Montana corporation.\n            (2) Fund.--The term ``Fund'' means the Montana Hunter and \n        Fisherman Access Fund established under section 6(a).\n            (3) Lessee.--The term ``lessee'' means the holder of a \n        leasehold described in section 4(b) as of the date of enactment \n        of this Act, and the holder's heirs, executors, and assigns of \n        the holder's leasehold interest.\n            (4) Purchaser.--The term ``Purchaser'' means the person or \n        entity that purchases the 265 leaseholds under section 4.\n            (5) Reservoir.--The term ``Reservoir'' means the Canyon \n        Ferry Reservoir in the State of Montana.\n            (6) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n            (7) Trust.--The term ``Trust'' means the Canyon Ferry-\n        Missouri River Trust established under section 5(a).\n\nSEC. 4. SALE OF LEASEHOLDS.\n\n    (a) In General.--Subject to subsection (c) and notwithstanding any \nother provision of law, the Secretary shall sell at fair market value--\n            (1) all right, title, and interest of the United States in \n        and to all (but not fewer than all) of the leaseholds described \n        in subsection (b), subject to valid existing rights; and\n            (2) easements for--\n                    (A) vehicular access to each leasehold;\n                    (B) access to and the use of 1 dock per leasehold; \n                and\n                    (C) access to and the use of all boathouses, ramps, \n                retaining walls, and other improvements for which \n                access is provided in the leases as of the date of this \n                Act.\n    (b) Description of Leaseholds.--\n            (1) In general.--The leaseholds to be conveyed are--\n                    (A) the 265 cabin sites of the Bureau of \n                Reclamation located along the northern portion of the \n                Reservoir in portions of sections 2, 11, 12, 13, 15, \n                22, 23, and 26, Township 10 North, Range 1 West; plus\n                    (B) any small parcels contiguous to the leaseholds \n                (not including shoreline property or property needed to \n                provide public access to the shoreline of the \n                Reservoir) that the Secretary determines should be \n                conveyed in order to eliminate inholdings and \n                facilitate administration of surrounding land remaining \n                in Federal ownership.\n            (2) Acreage; legal description.--The acreage and legal \n        description of each property shall be agreed on by the \n        Secretary and the Purchaser.\n    (c) Purchase Process.--\n            (1) In general.--The Secretary shall--\n                    (A) solicit sealed bids for all of the leaseholds; \n                and\n                    (B) subject to paragraph (2), sell the leaseholds \n                to the bidder that submits the highest bid above the \n                minimum bid determined under paragraph (2).\n            (2) Minimum bid.--Before accepting bids, the Secretary, in \n        consultation with interested bidders, shall establish a minimum \n        bid based on an appraisal of the fair market value of the \n        leaseholds, exclusive of the value of private improvements made \n        by the leaseholders before the date of the conveyance, by means \n        of an appraisal conducted in accordance with the appraisal \n        procedures used under Federal law, including, to the extent \n        practicable, the procedures specified in sections 2201.3 \n        through 2201.3-5 of title 43, Code of Federal Regulations.\n            (3) Right of first refusal.--If the highest bidder is other \n        CFRA, CFRA shall have the right to match the highest bid and \n        purchase the leaseholds at a price equal to the amount of that \n        bid.\n    (d) Conditions.--\n            (1) Consideration.--As consideration for the conveyance \n        under subsection (a), the Purchaser shall--\n                    (A) contribute to the Trust the amount that is \n                equal to 45 percent of the purchase price of the \n                leaseholds;\n                    (B) contribute to the Fund the amount that is equal \n                to 45 percent of the purchase price of the leaseholds; \n                and\n                    (C) pay the Secretary for deposit in the Treasury \n                of the United States an amount that is equal to 10 \n                percent of the purchase price of the leaseholds.\n            (2) No charitable deduction.--The Purchaser, any owner, \n        member, or other interest holder in the Purchaser, and any \n        leaseholder shall not be entitled to a charitable deduction \n        under the Internal Revenue Code of 1986 by reason of the making \n        of the contribution under subparagraph (A) or (B) of paragraph \n        (1).\n            (3) Option to purchase.--\n                    (A) In general.--The Purchaser shall give each \n                leaseholder of record of a leasehold conveyed under \n                this section an option to purchase the leasehold at \n                fair market value.\n                    (B) Nonpurchasing lessees.--\n                            (i) Right to continue lease.--A lessee that \n                        is unable or unwilling to purchase a property \n                        shall be permitted to continue to lease the \n                        property for fair market value rent under the \n                        same terms and conditions as the existing \n                        leases, including the right to renew the term \n                        of the existing lease for 2 consecutive 5-year \n                        terms.\n                            (ii) Compensation for improvements.--If a \n                        lessee declines to purchase a leasehold, the \n                        Purchaser shall compensate the lessee for the \n                        full market value of the improvements made to \n                        the leasehold.\n            (4) Historical use.--The Purchaser shall honor the existing \n        property descriptions and historical use restrictions for the \n        leaseholds, as determined by the Bureau of Reclamation.\n    (e) Administrative Costs.--Any administrative cost incurred by the \nSecretary incident to the conveyance under subsection (a) shall be \nreimbursed by the Purchaser.\n\nSEC. 5. CANYON FERRY-MISSOURI RIVER TRUST.\n\n    (a) Establishment.--The Secretary shall encourage establishment of \na nonprofit charitable permanent perpetual trust, similar in structure \nand purpose to the existing trusts referred to in section 1(2), to be \nknown as the ``Canyon Ferry-Missouri River Trust'', to provide a \npermanent source of funding to acquire land and interests in land from \nwilling sellers at fair market value to conserve fish and wildlife, \nenhance public hunting and fishing opportunities, and improve public \naccess at the Reservoir and along the Missouri River and its \ntributaries from the confluence of the Madison River, Gallatin River, \nand Jefferson River downstream to the Reservoir.\n    (b) Board of Trustees.--\n            (1) Membership.--The trust referred to in subsection (a) \n        shall have a Board of Trustees consisting of 1 representative \n        of each of--\n                    (A) local agricultural landowners;\n                    (B) a local hunting organization;\n                    (C) a statewide hunting organization;\n                    (D) a fisheries conservation organization; and\n                    (E) a nonprofit land trust or environmental \n                organization.\n            (2) Consultation.--In managing the Trust, the Board of \n        Directors shall consult with representatives of--\n                    (A) the Bureau of Reclamation;\n                    (B) the Forest Service;\n                    (C) the Bureau of Land Management;\n                    (D) the United States Fish and Wildlife Service;\n                    (E) the Montana Department of Fish, Wildlife, and \n                Parks;\n                    (F) the Montana Science Institute at Canyon Ferry, \n                Montana; and\n                    (G) local governmental bodies (including the Lewis \n                and Clark and Broadwater County Commissioners).\n    (c) Use.--\n            (1) Principal.--The principal amount of the Trust shall be \n        inviolate.\n            (2) Earnings.--Earnings on amounts in the Trust shall be \n        used to carry out subsection (a) and to administer the Trust.\n    (d) Management.--Land and interests in land acquired under this \nsection shall be managed for the purposes described in subsection (a).\n\nSEC. 6. MONTANA HUNTER AND FISHERMAN ACCESS FUND.\n\n    (a) Establishment.--There is established in the Treasury of the \nUnited States an interest-bearing account, to be known as the ``Montana \nHunter and Fisherman Access Fund'', for the purpose of acquiring land \nand interests in land in the State of Montana from willing sellers at \nfair market value to--\n            (1) improve public access to Federal land in the State of \n        Montana for hunting or fishing; and\n            (2) enhance public hunting and fishing opportunities in the \n        State of Montana through the conservation of fish and wildlife.\n    (b) Use.--\n            (1) Principal.--The principal amount of the Fund shall be \n        inviolate.\n            (2) Earnings.--\n                    (A) In general.--Earnings on amounts in the Fund \n                shall be used to carry out subsection (a).\n                    (B) Administration.--The earnings shall be used at \n                the joint direction of--\n                            (i) the Chief of the Forest Service;\n                            (ii) the Director of the Bureau of Land \n                        Management; and\n                            (iii) the Director of the United States \n                        Fish and Wildlife Service.\n    (c) Management.--Land and interests in land acquired under this \nsection shall be managed for the purposes described in subsection (a).","title":""}
+{"_id":"c298","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Mortgage Disclosure Simplification \nAct of 2007''.\n\nSEC. 2. REQUIRED DISCLOSURES REGARDING LOAN TERMS.\n\n    The Real Estate Settlement Procedures Act of 1974 is amended by \ninserting after section 4 (12 U.S.C. 2603) the following new section:\n\n``SEC. 4A. REQUIRED DISCLOSURES REGARDING LOAN TERMS.\n\n    ``(a) Development.--The Secretary, in consultation with appropriate \nFederal lending regulation agencies, shall develop and prescribe \nstandard written forms under subsection (c) for statement of the \nessential terms of a federally related mortgage loan.\n    ``(b) Requirement To Use.-- The Secretary shall require that--\n            ``(1) the forms developed pursuant to subsection (a) be \n        used in all transactions in the United States that involve \n        federally related mortgage loans; and\n            ``(2) that in any such a transaction--\n                    ``(A) the form under subsection (c)(1) shall be \n                appropriately and accurately completed by the lender or \n                mortgage broker, or both; and\n                    ``(B) the completed form under subsection (c)(1) \n                shall be provided to the borrower, together with the \n                form under subsection (c)(2), not later than three days \n                after the application for the federally related \n                mortgage loan is made.\n    ``(c) Contents.--With respect to a federally related mortgage loan, \nthe standard written forms required under this subsection are as \nfollows:\n            ``(1) Statement of loan terms.--A single page, written \n        disclosure regarding the federally related mortgage loan that, \n        when completed by the lender or mortgage broker, or both, sets \n        forth, in accordance with such requirements as the Secretary \n        shall by regulation establish--\n                    ``(A) a best possible estimate of--\n                            ``(i) the total loan amount under the \n                        federally related mortgage loan;\n                            ``(ii) the loan-to-value ratio for the \n                        loan;\n                            ``(iii) the final maturity date for the \n                        loan;\n                            ``(iv) the amount and due date for any \n                        balloon payment under the loan;\n                            ``(v) the amount of any prepayment fee to \n                        be charged if the loan is paid in full before \n                        the final maturity date for the loan;\n                            ``(vi) the initial interest rate under the \n                        loan expressed as an annual percentage rate, \n                        and the amount of the monthly payment due under \n                        such rate;\n                            ``(vii) the duration during which such \n                        initial interest rate will be charged;\n                            ``(viii) the fully indexed rate of interest \n                        under the loan expressed as an annual \n                        percentage rate and the amount of the monthly \n                        payment due under such rate;\n                            ``(ix) the maximum possible rate of \n                        interest under the loan expressed as an annual \n                        percentage rate and the amount of the monthly \n                        payment due under such rate;\n                            ``(x) the monthly household income of the \n                        borrower upon which the loan is based;\n                            ``(xi) the amount of initial monthly \n                        payment due under the loan, and the amount of \n                        such initial monthly payment plus monthly \n                        amounts due for taxes and insurance on the \n                        property for which the loan is made, both \n                        expressed as a percentage of the monthly \n                        household income of the borrower;\n                            ``(xii) the amount of the fully indexed \n                        monthly payment due under the loan, and the \n                        amount of such fully indexed monthly payment \n                        plus monthly amounts due for taxes and \n                        insurance on the property for which the loan is \n                        made, both expressed as a percentage of the \n                        monthly household income of the borrower;\n                            ``(xiii) the aggregate amount of settlement \n                        charges for all settlement services provided in \n                        connection with the loan, the amount of such \n                        charges that are included in the loan amount \n                        and the amount of such charges the borrower \n                        must pay at closing, the aggregate amount of \n                        lender's fees connection with the loan, and the \n                        aggregate amount of other fees or required \n                        payments in connection with the loan; and\n                            ``(xiv) the aggregate amount of fees paid \n                        to the mortgage broker in connection with the \n                        loan, the amount of such fees paid directly by \n                        the borrower, and any additional amount \n                        received by the broker from the lender based on \n                        the interest rate of the loan (commonly \n                        referred to as a yield spread premium);\n                    ``(B) a name, telephone number, and electronic mail \n                address that may be used by the borrower to obtain \n                information regarding the loan; and\n                    ``(C) a prominent statement that the amounts to be \n                provided by the lender or mortgage broker, or both, \n                under the federally related mortgage loan shall be \n                subject to final underwriting of the loan.\n            ``(2) Statement of definitions and explanations.--A two-\n        page written disclosure that sets forth, in accordance with \n        such requirements as the Secretary shall, by regulation, \n        establish, basic easy-to-understand definitions or \n        explanations, of terms relating to residential mortgage loans, \n        including each of the following terms: appraised value, types \n        of loans, initial interest rate, fully indexed rate of \n        interest, maximum possible rate of interest, monthly household \n        income, monthly loan payment including taxes and insurance, \n        fully indexed housing expense ratio, prepayment fee, balloon \n        payment, payment option loan, points, closing costs, settlement \n        services, settlement charges, lender's fees, and mortgage \n        broker.\n    ``(d) Savings Clause.--Notwithstanding disclosure pursuant to \nsubsection (c)(1)(A) of best possible estimates of the information \nrequired under such subsection with respect to a federally related \nmortgage loan, the amounts to be provided by the lender or mortgage \nbroker, or both, under the loan shall be subject to final underwriting \nof the loan.''.","title":""}
+{"_id":"c299","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Motor Donor Act''.\n\nSEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY.\n\n    Part H of title III of the Public Health Service Act (42 U.S.C. 273 \net seq.) is amended by inserting before section 371 the following:\n\n               ``Subpart 1--National Organ Donor Registry\n\n``SEC. 370. NATIONAL ORGAN DONOR REGISTRY.\n\n    ``(a) Purposes.--The purposes of this subpart are--\n            ``(1) to establish procedures that will increase the number \n        of individuals who register their intent to be organ or tissue \n        donors and to support State efforts to provide for donor \n        designations through State motor vehicle driver's license \n        application processes;\n            ``(2) to make it possible for Federal and State governments \n        to enhance the information received by individuals regarding \n        organ or tissue donation;\n            ``(3) to ensure that timely and accurate information \n        regarding an individual's wishes regarding organ and tissue \n        donation is made available; and\n            ``(4) to provide grants to States to establish organ and \n        tissue donor registries through State motor vehicle driver's \n        license application processes and linkages to the National \n        Registry.\n    ``(b) Definitions.--In this subpart:\n            ``(1) Motor vehicle driver's license.--The term `motor \n        vehicle driver's license' means any personal identification \n        document issued by a State motor vehicle authority.\n            ``(2) State.--The term `State' means each of the 50 States \n        and the District of Columbia.\n    ``(c) Establishment of Registry.--\n            ``(1) In general.--The Secretary shall establish and \n        maintain a national organ and tissue donor registry (referred \n        to in this section as the `Registry').\n            ``(2) Database.--The Registry shall consist of a database \n        of information listing individuals who have expressed an intent \n        to be organ or tissue donors. The information for each \n        individual shall include such individual's name, address, date \n        of birth, sex, height, and eye color, and a Registry \n        identification number assigned by the Secretary.\n    ``(d) Coordination With States and Organ Procurement \nOrganizations.--\n            ``(1) States.--\n                    ``(A) Initial 2-year period.--The Secretary, during \n                the 2-year period after the date of enactment of the \n                Motor Donor Act, shall--\n                            ``(i) coordinate activities with States \n                        that have organ and tissue donor registries \n                        operated through a State agency to share \n                        existing data; and\n                            ``(ii) provide links between the Registry \n                        and such State agencies on an ongoing basis.\n                    ``(B) Initial 4-year period.--The Secretary, during \n                the 4-year period after the date of enactment of the \n                Motor Donor Act, shall coordinate activities with \n                States to promote and encourage the establishment of \n                organ and tissue donor registries through the motor \n                vehicle driver's license process.\n            ``(2) Organ procurement organizations.--The Secretary shall \n        provide to each organ procurement organization within the \n        United States a means by which the organization may promptly \n        access the Registry 24-hours a day using a password assigned to \n        the organization by the Secretary. In order to obtain such a \n        password, each such procurement organization shall designate \n        staff members within the organization to receive the password \n        and to access the Registry.\n    ``(e) Website.--\n            ``(1) In general.--The Secretary, not later than 3 years \n        following the date of enactment of the Motor Donor Act, shall \n        disseminate to all United States citizens who reside within the \n        United States and who filed a Federal income tax return with \n        the Internal Revenue Service during the prior year, a pamphlet \n        that contains information about organ and tissue donations and \n        that includes an address for a website where individuals may \n        elect to participate in the Registry.\n            ``(2) Notification.--Within 4 months after an individual \n        elects to participate in the Registry through the website, the \n        Secretary shall notify such individual concerning the \n        individual's participation in the Registry.\n    ``(f) Limitations.--\n            ``(1) Organ allocation.--Participation in the Registry \n        shall not affect organ or tissue allocation. Standard State and \n        national practices that determine the appropriate procurement \n        organization for obtaining consent for an individual's organ or \n        tissue donation shall continue to apply to such determinations.\n            ``(2) Registry of intent.--The Registry shall be considered \n        a registry only of an individual's intent to serve as an organ \nor tissue donor. Participation in the Registry shall not be deemed to \nbe the provision of legally binding consent for organ or tissue \ndonation except as provided by State law.\n            ``(3) Request to cancel participation.--Individuals who \n        elect to participate in the Registry shall have the right to \n        cancel such participation at any time. The Secretary shall \n        notify individuals who elect to participate in the Registry of \n        their right to cancel such participation and the procedure for \n        canceling such participation. The Secretary shall promptly \n        remove from the Registry information concerning any individual \n        who cancels participation in the Registry.\n    ``(g) Grants to States.--\n            ``(1) In general.--The Secretary is authorized to award \n        grants to States that have applications approved under \n        paragraph (2) to enable such States to plan and implement State \n        registries associated with the motor vehicle driver's license \n        application process and to provide for linkages with the \n        Registry.\n            ``(2) Applications.--\n                    ``(A) In general.--Each State desiring a grant \n                under this subsection shall submit an application to \n                the Secretary at such time, in such manner, and \n                containing such information as the Secretary may \n                require.\n                    ``(B) State procedure.--Each application submitted \n                under subparagraph (A) shall demonstrate how the State \n                will establish procedures to allow an individual to \n                make a legally binding gift regarding organ and tissue \n                donation by application or by designation made \n                simultaneously with an application for a motor vehicle \n                driver's license.\n                    ``(C) Assurances.--Each application submitted under \n                subparagraph (A) shall contain assurances that the \n                State procedures described in subparagraph (B) will \n                comply with the following requirements:\n                            ``(i) License application.--The State \n                        procedures shall include a process whereby each \n                        State motor vehicle driver's license \n                        application (including any renewal application) \n                        that is submitted to the appropriate State \n                        motor vehicle authority under State law \n                        provides the individual submitting the \n                        application with the option of designating the \n                        individual's intent to be an organ and tissue \n                        donor.\n                            ``(ii) Donor designation.--The State \n                        procedures shall provide that the application \n                        described in clause (i) shall contain the \n                        question, `Do you wish to have the organ donor \n                        designation in the State registry?' or, if the \n                        State agency process provides, `Do you wish to \n                        have the organ donor designation on your \n                        driver's license?'.\n                            ``(iii) Affirmative response.--The State \n                        procedures shall provide that only those \n                        individuals who answer affirmatively to the \n                        question described in clause (ii) shall have \n                        their organ donor preference noted in the State \n                        registry or, if applicable, on their motor \n                        vehicle driver's license.\n                            ``(iv) Forwarding of information.--The \n                        State procedures shall provide that the State \n                        shall forward to the Registry the names of \n                        those individuals who answer affirmatively to \n                        the question described in clause (ii), that \n                        such information shall be forwarded not later \n                        than 100 days after the date of designation, \n                        and that any change in designation or change of \n                        address information shall also be forwarded to \n                        the Registry.\n                            ``(v) Negative response.--The State \n                        procedures shall provide that the name of any \n                        individual who chooses not to have the organ \n                        donor designation included in the State \n                        registry or, if applicable, on the individual's \n                        driver's license will not be forwarded to the \n                        Registry.\n                            ``(vi) Access by organ procurement \n                        organization.--The State procedures shall \n                        provide that the information regarding an \n                        individual who answers affirmatively to the \n                        question described in clause (ii) shall be \n                        recorded in the individual's computer record \n                        with the appropriate State agency. The State \n                        agency shall provide 24-hour a day access to \n                        such donor information to organ procurement \n                        organizations, and the organ procurement \n                        organizations shall not be assessed a fee or \n                        other charge for such access.\n            ``(3) Priority.--The Secretary shall give priority in \n        awarding grants under this subsection to States that submit \n        applications demonstrating that the State has collaborated with \n        organ procurement organizations serving the State.\n            ``(4) Limitation.--No grant awarded under this subsection \n        to any one State shall exceed $300,000.\n    ``(h) Advisory Task Force.--\n            ``(1) In general.--There is established an advisory task \n        force on organ and tissue donation (referred to in this \n        subsection as the `Task Force').\n            ``(2) Membership.--\n                    ``(A) Members.--\n                            ``(i) In general.--The Task Force shall \n                        consist of 5 members, who shall be appointed by \n                        the Secretary.\n                            ``(ii) Qualifications.--\n                                    ``(I) In general.--The Secretary \n                                shall appoint members of the Task Force \n                                based upon their experience with organ \n                                or tissue donations, organ procurement, \n                                or organ transplants.\n                                    ``(II) Special experience.--At \n                                least 1 member of the Task Force shall \n                                be a physician with experience in \n                                performing organ transplants, and \nat least 1 member of the Task Force shall have experience in organ \nprocurement.\n                    ``(B) Term.--\n                            ``(i) In general.--Except as provided in \n                        this subparagraph, each member of the Task \n                        Force shall be appointed for a term of 3 years. \n                        Members of the Task Force may be reappointed.\n                            ``(ii) Staggered terms.--As so designated \n                        by the Secretary at the time of appointment, \n                        the terms of two of the initial members shall \n                        expire at the end of 2 years.\n                    ``(C) Vacancies.--Any vacancy in the Task Force \n                shall not affect the Task Force's powers but shall be \n                filled in the same manner as the original appointment.\n            ``(3) Functions.--\n                    ``(A) Partnership.--The Task Force shall offer to \n                enter into a partnership with the Coalition on Donation \n                (a national membership organization with the sole \n                purpose of increasing organ and tissue donations) to \n                incorporate into the Coalition's national awareness \n                campaign an outreach and awareness campaign for the \n                Registry.\n                    ``(B) Report.--Not later than 1 year after the date \n                of enactment of the Motor Donor Act, the Task Force \n                shall conduct a study concerning, and submit to the \n                Secretary a report containing, recommendations for \n                improving the Registry, increasing public awareness \n                about organ and tissue donation, and improving the \n                organ and tissue donation process.\n            ``(4) Administration.--\n                    ``(A) Personnel.--\n                            ``(i) Travel expenses.--The members of the \n                        Task Force shall not receive compensation for \n                        the performance of services for the Task Force, \n                        but shall be allowed travel expenses, including \n                        per diem in lieu of subsistence, at rates \n                        authorized for employees of agencies under \n                        subchapter I of chapter 57 of title 5, United \n                        States Code, while away from their homes or \n                        regular places of business in the performance \n                        of services for the Task Force. Notwithstanding \n                        section 1342 of title 31, United States Code, \n                        the Secretary may accept the voluntary and \n                        uncompensated services of members of the Task \n                        Force.\n                            ``(ii) Detail of government employees.--Any \n                        Federal Government employee may be detailed to \n                        the Task Force without reimbursement, and such \n                        detail shall be without interruption or loss of \n                        civil service status or privilege.\n                    ``(B) Administrative support.--The Department of \n                Health and Human Services shall provide necessary and \n                appropriate administrative support to the Task Force.\n            ``(5) Permanent committee.--Section 14 of the Federal \n        Advisory Committee Act (5 U.S.C. App.) shall not apply to the \n        Task Force.\n    ``(i) Authorization of Appropriations.--\n            ``(1) In general.--\n                    ``(A) Registry and grants.--There is authorized to \n                be appropriated to carry out this section, other than \n                subsection (h)(3), such sums as may be necessary for \n                each of fiscal years 2002 through 2006.\n                    ``(B) Awareness campaign.--There is authorized to \n                be appropriated to carry out subsection (h)(3), \n                $3,000,000 for each of fiscal years 2002 through 2006.\n            ``(2) Availability.--Any amounts appropriated pursuant to \n        paragraph (1) shall remain available until expended.\n\n                   ``Subpart 2--Organ Procurement''.\n\nSEC. 3. AMENDMENT OF INTERNAL REVENUE CODE.\n\n    Section 6103(m) of the Internal Revenue Code of 1986 (relating to \ndisclosure of taxpayer identity information) is amended by adding at \nthe end the following:\n            ``(18) Disclosure of taxpayer identification to carry out \n        organ donor program.--\n                    ``(A) In general.--The Secretary may, upon written \n                request from the Secretary of Health and Human \n                Services, disclose to officers and employees of the \n                Department of Health and Human Services the name and \n                address of each individual filing a return of tax under \n                section 6012 for the previous taxable year.\n                    ``(B) Restriction on use of disclosed \n                information.--Return information disclosed under \n                subparagraph (A) may be used by officers and employees \n                of the Department of Health and Human Services only for \n                the purposes of, and to the extent necessary in, \n                carrying out the requirement to contact individuals \n                regarding the national organ and tissue donor registry \n                under section 370(c) of the Public Health Service \n                Act.''.\n\nSEC. 4. CONFORMING AMENDMENTS.\n\n    Subpart 2 of part H of title III of the Public Health Service Act \n(as so designated) (42 U.S.C. 273 et seq.) is amended in sections \n374(a), 374(d), 375(1), and 378, by striking ``this part'' each place \nit appears and inserting ``this subpart''.","title":""}
+{"_id":"c3","text":"SEC.   . STANDING FOR CERTAIN TAXPAYERS WITH REGARD TO SALE OF NET \n              OPERATING LOSSES.\n\n    (a) Subsection (c) of section 5021 of the Technical and \nMiscellaneous Revenue Act of 1988 (Public Law 100-647) is amended to \nread as follows:\n    ``(c) Special Administrative Rules.--\n            ``(1) Income included in native corporation return.--At the \n        joint election of a Native Corporation and a corporation \n        (referred to in this subsection (c) as the `buyer corporation') \n        with which the Native Corporation entered into a transaction \n        permitted under section 60(b)(5) of the Tax Reform Act of 1984 \n        and section 1804(e)(4) of the Tax Reform Act of 1986 (referred \n        to in this subsection (c) as a `Native Corporation \n        transaction'), income assigned, transferred or otherwise made \n        available by the buyer corporation through the use of a \n        corporation (referred to in this subsection (c) as the `profit \n        subsidiary') by reason of such transaction for a period in \n        which the profit subsidiary qualified as a member of the \n        affiliated group of which the Native Corporation was the common \n        parent shall be included in the taxable income of the Native \n        Corporation affiliated group solely for purposes of section \n        6212 of the Internal Revenue Code--\n                    ``(A) Election.--The election under this subsection \n                (c) for the taxable year to which the election relates \n                shall be made no later than 120 days after the date of \n                enactment of this amendment. The election shall be \n                irrevocable and shall be made by filing with the \n                district director for the Anchorage district office of \n                the Internal Revenue Service a written statement signed \n                by responsible officers of the Native Corporation and \n                the electing buyer corporation that--\n                            ``(i) identifies the Native Corporation, \n                        the profit subsidiary, and the buyer \n                        corporation (and their taxpayer identification \n                        numbers) and states their agreement to make the \n                        election provided in this subsection (c);\n                            ``(ii) states the amount of income \n                        assigned, transferred or otherwise made \n                        available to the profit subsidiary for the \n                        taxable year by reason of the Native \n                        Corporation transaction;\n                            ``(iii) if profit subsidiaries related to a \n                        buyer corporation other than the electing buyer \n                        corporation were members of the affiliated \n                        group of which the Native Corporation was the \n                        common parent, describes the order and the \n                        amount of the losses and credits of the Native \n                        Corporation affiliated group that were used to \n                        offset the income of each profit subsidiary;\n                            ``(iv) states the agreement of the buyer \n                        corporation to consent under section 6501(c)(4) \n                        of the Internal Revenue Code to extend the \n                        periods of limitations for assessment and \n                        collection solely with respect to the income of \n                        the profit subsidiary for the affected taxable \n                        period(s) to a date not less than 180 days \n                        after the date the tax liability for the \n                        taxable year in which the Native Corporation \n                        transaction occurred is finally determined;\n                            ``(v) states the agreement of the Native \n                        Corporation to consent under section 6501(c)(4) \n                        of the Internal Revenue Code to extend the \n                        periods of limitations for assessment and \n                        collection solely with respect to the income of \n                        the profit subsidiary for the affected taxable \n                        period(s) to a date not less than 120 days \n                        after the date on which the Native Corporation \n                        makes the election under this subsection; and\n                            ``(vi) the Native Corporation and the buyer \n                        corporation agree that the Service is \n                        authorized to make any refund of any \n                        overpayment that is determined to be due, \n                        jointly to the Native Corporation and the \n                        electing buyer corporation.\n                If a Native Corporation has engaged in multiple Native \n                Corporation transactions, such election shall be \n                independently made by each buyer corporation on \n                separate written statements. A buyer corporation that \n                elects under this provision must so elect for all \n                Native Corporation transactions with the particular \n                Native Corporation with whom the election is made for \n                which the statue of limitations for assessment is open.\n                    ``(B) Taxable rate.--Notwithstanding section 11 of \n                the Internal Revenue Code, any income of the profit \n                subsidiary that is subject to the election provided in \n                this subsection (c) shall be taxed at the rate that \n                such income would have been taxed if it had been \n                included in the return of the buyer corporation for the \n                taxable year from which such income was assigned, \n                transferred or otherwise made available. Solely for \n                purposes of issuing a notice under section 6212 of the \n                Internal Revenue Code to a Native Corporation for a \n                Native Corporation transaction for which an election \n                has been made under this subsection (c), the tax may be \n                computed by applying the maximum corporate rate under \n                section 11 of the Internal Revenue Code.\n            ``(2) Treatment of native corporation as common parent as \n        sole agent.--The common parent of an affiliated group which \n        includes a Native Corporation that elects under subsection \n        (c)(1) shall be the sole agent for the profit subsidiary for \n        purposes of the Native Corporation transaction for the period \n        of affiliation.\n            ``(3) Collection of tax from buyer corporation.--For \n        purposes of this subsection, the amount of any tax, interest, \n        addition to tax, penalty or other amount attributable to the \n        income of the profit subsidiary shall be paid by and be \n        collectible from the profit subsidiary and the buyer \n        corporation for the taxable year for which income was assigned, \n        transferred or otherwise made available by the buyer \n        corporation in connection with the Native Corporation \n        transaction.\n            ``(4) Payment of tax by native corporation.--If, after the \n        election provided in subsection (c)(1) is made, the Native \n        Corporation pays all or any part of the tax, interest, addition \n        to tax, penalty or other amount attributable to the income of \n        the profit subsidiary, such payment shall be deemed to be a \n        payment by the buyer corporation for the taxable year for which \n        such income would otherwise have been included in the buyer \n        corporation's return if the election provided in subsection \n        (c)(1) was not made--\n                    ``(A) Filing of refund claim.--A Native Corporation \n                that elects under subsection (c)(1) shall be treated as \n                the taxpayer for purposes of sections 6402 and 6511 of \n                the Internal Revenue Code with respect to all payments \n                of tax, interest, additions to tax, penalties, or other \n                amounts attributable to the income of the profit \n                subsidiary and shall be entitled to file a claim for \n                refund as the taxpayer with respect to any taxes, \n                interest, additions to tax, penalties or other amounts \n                attributable to the income of the profit subsidiary.\n                    ``(B) Filing of refund suit.--A Native Corporation \n                that elects under subsection (c)(1) shall be treated as \n                the taxpayer for purposes of section 7422 of the \n                Internal Revenue Code with respect to all payments of \n                tax, interest, additions to tax, penalties, or other \n                amounts attributable to the income of the profit \n                subsidiary, and as the plaintiff for purposes of \n                section 1402 of title 28, United States Code, and shall \n                be entitled to file and maintain a proceeding in court \n                as the taxpayer for the recovery of such amounts.\n                    ``(C) Refund of overpayment.--In the event that an \n                overpayment is determined to be due, whether by final \n                administrative or judicial decision, with respect to a \n                Native Corporation transaction (c)(1), the Native \n                Corporation shall be treated as the person who made the \n                overpayment within the meaning of section 6402(a) of \n                the Internal Revenue Code. Notwithstanding any law or \n                rule of law, including the preceding sentence, any \n                refund of such overpayment may be made jointly to the \n                Native Corporation and to the electing buyer \n                corporation, as agreed to under paragraph (A)(v) of \n                subsection (c)(1).\n            ``(5) Participatory rights of electing buyer corporation.--\n        Any buyer corporation that makes an election under subsection \n        (c)(1) shall have the right to--\n                    ``(A) submit a written statement and participate \n                with the Native Corporation in any administrative \n                proceeding relating to any proposed adjustment \n                regarding a Native Corporation transaction for which an \n                election has been made; and\n                    ``(B) file an amicus brief in any proceeding in a \n                Federal court or the United States Tax Court that has \n                been filed by the Native Corporation involving a \n                proposed adjustment regarding such a Native Corporation \n                transaction.\n        All written notices or other reports issued by the Secretary or \n        his delegate with respect to such a Native Corporation \n        transaction shall be issued to the Native Corporation, and it \n        shall be the obligation of the Native Corporation to provide \n        copies thereof to the electing buyer corporation. Rules similar \n        to the rules of subparagraphs (B) and (C) of paragraph (7) \n        shall apply for purposes of this paragraph.\n            ``(6) Final determination of issues.--\n                    ``(A) All issues with respect to the Native \n                Corporation transaction with respect to which an \n                election is made under subsection (c)(1), including the \n                applicability of any interest, addition to tax, penalty \n                or other amount, shall be determined by administrative \n                or judicial decision with respect to the consolidated \n                return of the Native Corporation affiliated group.\n                    ``(B) Upon such determination, any income of the \n                profit subsidiary that is not offset in the Native \n                Corporation transaction shall be reported on the buyer \n                corporation's return as if it were originally reported \n                thereon and subject to all adjustments, including net \n                operating loss or other carrybacks, to which such \n                income would otherwise be subject.\n            ``(7) No effect on nonelecting corporations.--The absence \n        of an election by a Native Corporation and a buyer corporation \n        with respect to a Native Corporation transaction shall not \n        restrict the authority of the Secretary of the Treasury or his \n        delegate to settle or litigate with any nonelecting buyer \n        corporation with respect to any issue relating to such a \n        transaction--\n                    ``(A) Rights of native corporation.--For any such \n                Native Corporation transaction for which no election is \n                made under subsection (c)(1), the Native Corporation \n                shall have the right to submit a written statement and \n                participate with the buyer corporation in any \n                administrative proceeding relating to any proposed \n                adjustment regarding such Native Corporation \n                transaction; and to file an amicus brief in any \n                proceeding in a Federal court or the United States Tax \n                Court that has been filed by the non-electing buyer \n                corporation involving a proposed adjustment regarding \n                such Native Corporation transaction.\n                    ``(B) Extension of statute of limitations.--\n                Subparagraph (A) shall not apply if the Secretary of \n                the Treasury or his delegate determines that an \n                extension of the statute of limitations is necessary to \n                permit the participation described in subparagraph (A) \n                and the taxpayer and the Secretary or his delegate have \n                not agreed to such extension.\n                    ``(C) Failures.--For purposes of the 1986 Code, any \n                failure by the Secretary of the Treasury or his \n                delegate to comply with the provisions of this \n                subsection shall not affect the validity of the \n                determination of the Internal Revenue Service of any \n                adjustment of tax liability of any non-electing buyer \n                corporation.\n            ``(8) Effective date.--This provision shall be effective \n        for all taxable years for which the statute of limitations for \n        assessment with respect to an electing Native Corporation has \n        not expired prior to the date of enactment of this Act--\n                    ``(A) Extension of statute of limitations.--Any \n                Native Corporation for which the statue of limitations \n                for assessment will expire within 120 days after the \n                date of enactment of this section shall have the right \n                upon request to extend such statute of limitations \n                pursuant to section 6501(c)(4) of the Internal Revenue \n                Code to a date not less than 120 days after the date of \n                enactment of this section.\n                    ``(B) Period for assessments.--If the statute of \n                limitations for assessments with respect to an electing \n                Native Corporation has not expired prior to the date of \n                the enactment of this Act, such period shall not expire \n                before the date 120 days after the date on which the \n                Native Corporation makes the election under this \n                subsection.''.\n    (b) Section 5021 of the Technical and Miscellaneous Revenue Act of \n1988 (Public Law 100-647) is amended by adding, after subsection (e), \nnew subsection (f) to read as follows:\n    ``(f) Increase in Underpayment Rate.--For purposes of determining \nthe amount of interest payable under section 6601 of the Internal \nRevenue Code on a tax underpayment attributable to a Native Corporation \ntransaction for which an election has been made under subsection (c) \nhereof, the underpayment rate otherwise applicable under section \n6621(a) (2) or (c) of the Internal Revenue Code of 1986 shall be \nincreased by 0.5 percentage points.''.","title":""}
+{"_id":"c30","text":"SECTION 1. FINDINGS.\n\n    Congress finds the following:\n            (1) Since 2011, the terrorist group now known as the \n        Islamic State in Iraq and the Levant (ISIL), has rapidly \n        expanded, now possessing greater funding, more personnel, and \n        heavier weapons than any other terrorist force.\n            (2) ISIL has threatened to continue attacking United States \n        persons and interests and has an apocalyptic vision for a \n        larger confrontation with the United States and its allies in \n        the Middle East.\n            (3) According to the United States intelligence community, \n        approximately 20,000 to 30,000 ISIL fighters operate in Iraq \n        and Syria, an estimated 3,000 of which are believed to have \n        western passports.\n            (4) ISIL finances itself through looting, smuggling, taxes, \n        oil sales, kidnapping, and human trafficking.\n            (5) According to United States officials, ISIL captured \n        approximately 1,500 Humvees, a number of other modern armored \n        vehicles and transport trucks, over 50 long-range Global \n        Positioning System (GPS)-guided artillery pieces, a substantial \n        number of artillery shells, a large quantity of small arms, \n        approximately 4,000 heavy machine guns, and other weapons from \n        the Iraqi Security Forces in June 2014, and has also reportedly \n        captured a number of other weapons and vehicles from Bashar al-\n        Assad's forces in Syria.\n            (6) The rapidly deteriorating humanitarian situation in \n        Iraq caused by ISIL advances in Iraq and Syria has resulted in \n        approximately 1,500,000 refugees and internally displaced \n        people from Syria and Iraq taking refuge in the Iraqi Kurdistan \n        region. The Kurdistan Regional Government is facing a \n        humanitarian and budget crisis while defending itself from \n        ISIL.\n            (7) The Kurdistan Regional Government (KRG) is the \n        democratically elected government of the Kurdistan Region in \n        Iraq, and Iraqi Kurds have been a reliable and stable partner \n        of the United States.\n            (8) The Iraqi constitution guarantees the right of Iraqi \n        regions, such as Iraqi Kurdistan, to maintain ``internal \n        security forces for the region such as police, security forces, \n        and guards of the region''.\n            (9) The Kurdish Peshmerga forces are officially organized \n        under the Ministry of Peshmerga Affairs and commanded by the \n        Minister of Peshmerga, who reports to the President of the \n        Kurdistan Regional Government.\n            (10) ISIL has positioned its forces along a 650-mile border \n        with the Kurdistan Regional Government's Peshmerga forces.\n            (11) ISIL has employed captured armored vehicles, long-\n        range artillery, and heavy weapons in attacking thinly \n        stretched Kurdish forces along the border.\n            (12) United States airstrikes against ISIL targets have \n        helped stall the terrorist organization's advance on territory \n        held by Kurdish forces, but have not proven to be militarily \n        decisive against ISIL.\n            (13) The United States and its allies have provided the \n        resupply of various small arms and training to Peshmerga forces \n        since June 2014.\n            (14) Such resupply efforts, to comply with United States \n        law, must be approved and coordinated through the Government of \n        Iraq. In the initial phase of the resupply effort, the \n        Government of Iraq constrained and delayed the emergency supply \n        of weapons to the Kurdistan Regional Government.\n            (15) The Peshmerga forces lack battle-ready armored \n        vehicles and the ability to take significant offensive action \n        against ISIL forces, leading to requests for such assistance.\n            (16) Armored vehicles, anti-armor weapons, long-range \n        artillery, and other weapons are consistent with the Kurdistan \n        Regional Government's constitutional right to defend itself \n        against the clear and present danger posed by ISIL.\n            (17) A strong Peshmerga force is essential to countering \n        the ISIL threat to Iraq, the region, and United States \n        interests.\n            (18) The longer ISIL's sanctuary remains largely \n        unchallenged, the more time it will have to reinforce its \n        positions, and plan attacks against United States interests.\n\nSEC. 2. SENSE OF CONGRESS.\n\n    It is the sense of Congress that--\n            (1) defeating the Islamic State in Iraq and the Levant \n        (ISIL) is critical to maintaining a unified Iraq in which all \n        faiths and ethnicities are afforded equal protection and full \n        integration into the Iraqi government and society;\n            (2) the people of Kurdistan face an urgent and deadly \n        threat from ISIL which the Iraqi Security Forces, of which the \n        Peshmerga are a component, are currently unable to match in \n        armaments;\n            (3) any outstanding issues between the Government of Iraq \n        and the Kurdistan Regional Government should be resolved by the \n        two parties expeditiously to allow for a resumption of normal \n        relations; and\n            (4) ISIL's recent advances and continued growth present an \n        imminent threat to Iraqi Kurdistan, the rest of Iraq and the \n        Middle East, and international security.\n\nSEC. 3. STATEMENT OF POLICY.\n\n    It shall be the policy of the United States to directly provide the \nKurdistan Regional Government with advanced conventional weapons, \ntraining, and defense services, on an emergency and temporary basis, to \nmore effectively partner with the United States and other international \ncoalition members to defeat the Islamic State in Iraq and the Levant \n(ISIL).\n\nSEC. 4. TEMPORARY EMERGENCY AUTHORIZATION OF DEFENSE ARTICLES, DEFENSE \n              SERVICES, AND RELATED TRAINING DIRECTLY TO THE KURDISTAN \n              REGIONAL GOVERNMENT.\n\n    (a) In General.--The President should consult with the Government \nof Iraq in carrying out the authority provided in subsection (b).\n    (b) Authorization.--\n            (1) Military assistance.--The President is authorized to \n        provide defense articles, defense services, and related \n        training directly to the Kurdistan Regional Government for the \n        purpose of supporting international coalition efforts against \n        the Islamic State in Iraq and the Levant (ISIL) or any \n        successor group.\n            (2) Defense exports.--The President is authorized to issue \n        licenses authorizing United States exporters to export defense \n        articles, defense services, and related training directly to \n        the Kurdistan Regional Government. For purposes of processing \n        applications for such export licenses, the President is \n        authorized to accept End Use Certificates approved by the \n        Kurdistan Regional Government.\n            (3) Types of assistance.--Assistance authorized under \n        paragraph (1) and exports authorized under paragraph (2) may \n        include anti-tank and anti-armor weapons, armored vehicles, \n        long-range artillery, crew-served weapons and ammunition, \n        secure command and communications equipment, body armor, \n        helmets, logistics equipment, excess defense articles and other \n        military assistance that the President determines to be \n        appropriate.\n    (c) Relationship to Existing Authorities; Conditions of \nEligibility.--\n            (1) Relationship to existing authorities.--Assistance \n        authorized under subsection (b)(1) and licenses for exports \n        authorized under subsection (b)(2) shall be provided pursuant \n        to the applicable provisions of the Arms Export Control Act (22 \n        U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (22 \n        U.S.C. 2151 et seq.), notwithstanding any requirement in such \n        applicable provisions of law that a recipient of assistance of \n        the type authorized under subsection (b)(1) shall be a country \n        or international organization.\n            (2) Conditions of eligibility.--In addition to such other \n        provisions as the President may require, no defense article, \n        defense service, or related training may be provided to the \n        Kurdistan Regional Government under the authority of subsection \n        (b)(1) or (b)(2) unless the Kurdistan Regional Government \n        agrees that--\n                    (A) it will not provide any such defense article, \n                defense service, or related training to anyone who is \n                not an officer, employee, or agent of the Kurdistan \n                Regional Government, and\n                    (B) it will not use or permit the use of any such \n                defense article, defense service, or related training \n                for purposes other than the purposes for which it was \n                provided,\n        unless the consent of the President has first been obtained.\n    (d) Report.--\n            (1) In general.--Not later than 60 days after the date of \n        the enactment of this Act, the President shall submit to the \n        appropriate congressional committees a report on the following:\n                    (A) The anticipated defense articles, defense \n                services, and related training to be provided under the \n                authority of subsections (b)(1) and (b)(2).\n                    (B) A timeline for the provision of such defense \n                articles, defense services, and related training.\n                    (C) A description of mechanisms and procedures for \n                end-use monitoring of such defense articles, defense \n                services, and related training.\n                    (D) How such defense articles, defense services, \n                and related training would contribute to the foreign \n                policy and national security of the United States, as \n                well as impact security in the region.\n            (2) Definition.--In this subsection, the term ``appropriate \n        congressional committees'' means--\n                    (A) the Committee on Foreign Affairs, the Committee \n                on Appropriations, and the Committee on Armed Services \n                of the House of Representatives; and\n                    (B) the Committee on Foreign Relations, the \n                Committee on Appropriations, and the Committee on Armed \n                Services of the Senate.\n    (e) Notification.--The President should provide notification to the \nGovernment of Iraq prior to defense articles, defense services, or \nrelated training being provided to the Kurdistan Regional Government \nunder the authority of subsection (b)(1) or (b)(2).\n    (f) Definitions.--In this section, the terms ``defense article'', \n``defense service'', and ``training'' have the meanings given those \nterms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).\n    (g) Termination.--The authority to provide defense articles, \ndefense services, and related training under subsection (b)(1) and the \nauthority to issue licenses for exports authorized under subsection \n(b)(2) shall terminate on the date that is 3 years after the date of \nthe enactment of this Act.","title":""}
+{"_id":"c300","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Motor Vehicle Owners' Right to \nRepair Act of 2005''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n    (a) Findings.--Congress finds the following:\n            (1) The ability to diagnose, service, and repair a motor \n        vehicle in a timely, reliable, and affordable manner is \n        essential to the safety and well-being of automotive consumers \n        in the United States.\n            (2) Consumers are entitled to choose among competing repair \n        facilities for the convenient, reliable, and affordable repair \n        of their motor vehicles.\n            (3) Increased competition among repair facilities will \n        benefit vehicle owners in the United States.\n            (4) Computers of various kinds are increasingly being used \n        in motor vehicle systems, such as pollution control, \n        transmission, anti-lock brakes, electronic and mechanical \n        systems, heating and air-conditioning, mobile electronics, \n        airbags, and steering.\n            (5) The diagnosis, service, and repair of these vehicle \n        systems are essential to the safety and proper operation of \n        modern motor vehicles.\n            (6) In many instances, access codes prevent owners from \n        making, or having made, the necessary diagnosis, service, and \n        repair of their motor vehicles in a timely, convenient, \n        reliable, and affordable manner.\n            (7) Automobile manufacturers have restricted access to the \n        information motor vehicle owners need in order to diagnose, \n        service, and repair their vehicles, in a manner that has \n        hindered open competition among repair facilities.\n            (8) Consumers in the United States have benefited from the \n        availability of a competitive aftermarket industry, or parts \n        and accessories used in the repair, maintenance, or enhancement \n        of a motor vehicle. The American economy has also benefited \n        from the availability of a competitive aftermarket industry \n        that provides jobs to over 5 million workers in over 495,000 \n        businesses, and generates $200 billion in annual sales.\n            (9) Vehicle owners in the United States should have the \n        right--\n                    (A) to all information necessary to allow the \n                diagnosis, service, and repair of their vehicles;\n                    (B) to choose between original parts and \n                aftermarket parts when repairing their motor vehicles; \n                and\n                    (C) to make, or have made, repairs necessary to \n                keep their vehicles in reasonably good and serviceable \n                condition during the life of the vehicle.\n            (10) The restriction of vehicle repair information and \n        tools limits who can repair motor vehicles and what parts may \n        be used to repair those vehicles, which limits consumer choice, \n        impedes competition, and increases the costs of vehicle repair \n        for consumers.\n    (b) Purposes.--The purposes of this Act are:\n            (1) To ensure the safety of all vehicle owners by requiring \n        disclosure of all information necessary for the proper \n        diagnosis, service, and repair of a vehicle in a timely, \n        affordable, and reliable manner.\n            (2) To encourage competition in the diagnosis, service, and \n        repair of motor vehicles.\n\nSEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS.\n\n    (a) Duty to Disclose.--The manufacturer of a motor vehicle sold or \nintroduced into commerce in the United States shall promptly provide to \nthe vehicle owner, or to a repair facility of the motor vehicle owner's \nchoosing, the information necessary to diagnose, service, or repair the \nvehicle. The motor vehicle manufacturer shall make available all non-\nemission-related service information, training information, and \ndiagnostic tools on a non-discriminatory basis to any repair facility \nof the owner's choosing, and shall not not limit such information to \nthose repair facilities within the manufacturers' approved network. The \ninformation to be made available shall include the following:\n            (1) The same service and training information related to \n        vehicle repair shall be made available to all independent \n        repair facilities in the same manner and extent as it is made \n        available to franchised dealerships, and shall include all \n        information needed to activate all controls that can be \n        activated by a franchised dealership.\n            (2) The same diagnostic tools and capabilities related to \n        vehicle repair that are made available to franchised \n        dealerships shall be made available to independent repair \n        facilities. These diagnostic tools and capabilities shall be \n        made available for purchase by motor vehicle owners or their \n        agents through reasonable business means. The service and \n        training information and manufacturer diagnostic capabilities \n        shall be available to independent repair facilities, and to the \n        companies from which they normally purchase diagnostic tools, \n        without the need for the motor vehicle owner to return to a \n        franchised dealership.\n    (b) Protection of Trade Secrets.--Nothing in this Act shall be \ndeemed to require the disclosure of trade secrets, nor the public \ndisclosure of any information related exclusively to the design and \nmanufacture of motor vehicle parts. No information necessary to repair \na vehicle shall be withheld by a manufacturer if such information is \nprovided (directly or indirectly) to franchised dealerships or other \nrepair facilities.\n\nSEC. 4. REGULATIONS.\n\n    (a) In General.--Not later than 1 year after the date of enactment \nof this Act, the Federal Trade Commission shall prescribe regulations \nsetting forth an appropriate method by which manufacturers shall \nprovide the information required by section 3, including disclosure in \nwriting, via the Internet, or under such terms as the Commission \ndetermines appropriate. The regulations shall take effect upon final \nissuance of such regulations and shall apply to vehicles manufactured \nafter model year 1994.\n    (b) Limitation.--The Federal Trade Commission may not prescribe \nrules that interfere with the authority of, or conflict with rules \nprescribed by, the Administrator of the Environmental Protection Agency \nunder section 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with \nregard to motor vehicle emissions control diagnostics systems.\n\nSEC. 5. ENFORCEMENT.\n\n    (a) Unfair or Deceptive Act or Practice.--The failure by a \nmanufacturer to comply with section 3(a) or the regulations prescribed \nunder section 4 shall be treated as an unfair method of competition and \nan unfair or deceptive act or practice in or affecting commerce (within \nthe meaning of section 5(a)(1) of the Federal Trade Commission Act (15 \nU.S.C. 45(a)(1))). A violation of this Act shall be treated as a \nviolation of a rule defining an unfair or deceptive act or practice \nprescribed under section 18(a)(1)(B) of the Federal Trade Commission \nAct (15 U.S.C. 57a(a)(1)(B)).\n    (b) Actions by the Federal Trade Commission.--The Federal Trade \nCommission shall enforce this Act in the same manner, by the same \nmeans, and with the same jurisdiction, powers, and duties as though all \napplicable terms and provisions of the Federal Trade Commission Act (15 \nU.S.C. 41 et seq.) were incorporated into and made a part of this Act. \nAny entity that violates this Act shall be subject to the penalties and \nentitled to the privileges and immunities provided in the Federal Trade \nCommission Act in the same manner, by the same means, and with the same \njurisdiction, power, and duties as though all applicable terms and \nprovisions of the Federal Trade Commission Act were incorporated into \nand made a part of this Act.\n    (c) Effect on Other Laws.--Nothing contained in this Act shall be \nconstrued to limit the authority of the Federal Trade Commission under \nany other provisions of law.\n\nSEC. 6. DEFINITIONS.\n\n    In this Act:\n            (1) The terms ``manufacturer'', ``motor vehicle'', and \n        ``motor vehicle equipment'' have the meanings given those terms \n        in section 30102(a) of title 49, United States Code.\n            (2) The term ``motor vehicle owner'' or ``vehicle owner'' \n        means any person who owns, leases, or otherwise has the legal \n        right to use and possess a motor vehicle.\n            (3) The term ``repair facility'' means a facility \n        maintained by a person engaged in the repair, diagnosing, or \n        servicing of motor vehicles or motor vehicle engines.","title":""}
+{"_id":"c301","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Motor Vehicle Safety Whistleblower \nAct''.\n\nSEC. 2. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND PROTECTIONS.\n\n    (a) In General.--Subchapter IV of chapter 301 of title 49, United \nStates Code, is amended by adding at the end the following:\n\n``SEC. 30172. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.\n\n    ``(a) Definitions.--In this section:\n            ``(1) Covered action.--The term `covered action' means any \n        administrative or judicial action, including any related \n        administrative or judicial action, brought by the Secretary or \n        the Attorney General under this chapter that in the aggregate \n        results in monetary sanctions exceeding $1,000,000.\n            ``(2) Monetary sanctions.--The term `monetary sanctions' \n        means monies, including penalties and interest, ordered or \n        agreed to be paid.\n            ``(3) Original information.--The term `original \n        information' means information that--\n                    ``(A) is derived from the independent knowledge or \n                analysis of an individual;\n                    ``(B) is not known to the Secretary from any other \n                source, unless the individual is the original source of \n                the information; and\n                    ``(C) is not exclusively derived from an allegation \n                made in a judicial or an administrative action, in a \n                governmental report, a hearing, an audit, or an \n                investigation, or from the news media, unless the \n                individual is a source of the information.\n            ``(4) Part supplier.--The term `part supplier' means a \n        manufacturer of motor vehicle equipment.\n            ``(5) Successful resolution.--The term `successful \n        resolution' includes any settlement or adjudication of a \n        covered action.\n            ``(6) Whistleblower.--The term `whistleblower' means any \n        employee or contractor of a motor vehicle manufacturer, part \n        supplier, or dealership who voluntarily provides to the \n        Secretary original information relating to any motor vehicle \n        defect, noncompliance, or any violation or alleged violation of \n        any notification or reporting requirement of this chapter which \n        is likely to cause unreasonable risk of death or serious \n        physical injury.\n    ``(b) Awards.--\n            ``(1) In general.--If the original information that a \n        whistleblower provided to the Secretary led to the successful \n        resolution of a covered action, the Secretary, subject to \n        subsection (c) and under the regulations promulgated under \n        subsection (i), may pay an award or awards to 1 or more \n        whistleblowers in an aggregate amount of not more than 30 \n        percent, in total, of collected monetary sanctions.\n            ``(2) Payment of awards.--Any amount payable under \n        paragraph (1) shall be paid from the monetary sanctions \n        collected, and any monetary sanctions so collected shall be \n        available for such payment.\n    ``(c) Determination of Awards; Denial of Awards.--\n            ``(1) Determination of awards.--\n                    ``(A) Discretion.--The determination of whether, to \n                whom, or in what amount to make an award shall be in \n                the discretion of the Secretary.\n                    ``(B) Criteria.--In determining an award made under \n                subsection (b), the Secretary shall take into \n                consideration--\n                            ``(i) if appropriate, whether a \n                        whistleblower reported or attempted to report \n                        the information internally to an applicable \n                        motor vehicle manufacturer, part supplier, or \n                        dealership;\n                            ``(ii) the significance of the original \n                        information provided by the whistleblower to \n                        the successful resolution of the covered \n                        action;\n                            ``(iii) the degree of assistance provided \n                        by the whistleblower and any legal \n                        representative of the whistleblower in the \n                        covered action; and\n                            ``(iv) such additional factors as the \n                        Secretary considers relevant.\n            ``(2) Denial of awards.--No award under subsection (b) \n        shall be made--\n                    ``(A) to any whistleblower who is convicted of a \n                criminal violation related to the covered action for \n                which the whistleblower otherwise could receive an \n                award under this section;\n                    ``(B) to any whistleblower who, acting without \n                direction from an applicable motor vehicle \n                manufacturer, part supplier, or dealership, or agent \n                thereof, deliberately causes or substantially \n                contributes to the alleged violation of a requirement \n                of this chapter;\n                    ``(C) to any whistleblower who submits information \n                to the Secretary that is based on the facts underlying \n                the covered action submitted previously by another \n                whistleblower; or\n                    ``(D) to any whistleblower who fails to provide the \n                original information to the Secretary in such form as \n                the Secretary may require by regulation.\n    ``(d) Representation.--A whistleblower who makes a claim for an \naward under subsection (b) may be represented by counsel.\n    ``(e) No Contract Necessary.--No contract with the Secretary is \nnecessary for any whistleblower to receive an award under subsection \n(b).\n    ``(f) Appeals.--\n            ``(1) In general.--Any determination made under this \n        section, including whether, to whom, or in what amount to make \n        an award, shall be in the discretion of the Secretary.\n            ``(2) Appeals.--Any determination made by the Secretary \n        under this section may be appealed by a whistleblower to the \n        appropriate court of appeals of the United States not later \n        than 30 days after the determination is issued by the \n        Secretary.\n            ``(3) Review.--The court shall review the determination \n        made by the Secretary in accordance with section 706 of title \n        5, United States Code.\n    ``(g) Protection of Whistleblowers; Confidentiality.--\n            ``(1) In general.--Notwithstanding section 30167, and \n        except as provided in paragraphs (2) and (3) of this \n        subsection, the Secretary, and any officer or employee of the \n        Department of Transportation, shall not disclose any \n        information, including information provided by a whistleblower \n        to the Secretary, which could reasonably be expected to reveal \n        the identity of a whistleblower, except in accordance with the \n        provisions of section 552a of title 5, United States Code, \n        unless and until required to be disclosed to a defendant or \n        respondent in connection with a public proceeding instituted by \n        the Secretary or any entity described in paragraph (3). For \n        purposes of section 552 of title 5, United States Code, this \n        paragraph shall be considered a statute described in subsection \n        (b)(3)(B) of that section.\n            ``(2) Effect.--Nothing in this subsection is intended to \n        limit the ability of the Attorney General to present such \n        evidence to a grand jury or to share such evidence with \n        potential witnesses or defendants in the course of an ongoing \n        criminal investigation.\n            ``(3) Availability to government agencies.--\n                    ``(A) In general.--Without the loss of its status \n                as confidential in the hands of the Secretary, all \n                information referred to in paragraph (1) may, in the \n                discretion of the Secretary, when determined by the \n                Secretary to be necessary or appropriate to accomplish \n                the purposes of this chapter and in accordance with \n                subparagraph (B), be made available to the following:\n                            ``(i) The Department of Justice.\n                            ``(ii) An appropriate department or agency \n                        of the Federal Government, acting within the \n                        scope of its jurisdiction.\n                    ``(B) Maintenance of information.--Each entity \n                described in subparagraph (A) shall maintain \n                information described in that subparagraph as \n                confidential, in accordance with the requirements in \n                paragraph (1).\n    ``(h) Provision of False Information.--A whistleblower who \nknowingly and willfully makes any false, fictitious, or fraudulent \nstatement or representation, or who makes or uses any false writing or \ndocument knowing the same to contain any false, fictitious, or \nfraudulent statement or entry, shall not be entitled to an award under \nthis section and shall be subject to prosecution under section 1001 of \ntitle 18.\n    ``(i) Regulations.--Not later than 1 year after the date of \nenactment of the Motor Vehicle Safety Whistleblower Act, the Secretary \nshall promulgate regulations to implement the requirements of this \nsection.''.\n    (b) Rule of Construction.--\n            (1) Original information.--Information submitted to the \n        Secretary of Transportation by a whistleblower in accordance \n        with the regulations to implement the requirements of section \n        30172, United States Code, shall not lose its status as \n        original information solely because the whistleblower submitted \n        the information prior to the effective date of the regulations \n        if that information was submitted after the date of enactment \n        of this Act.\n            (2) Awards.--A whistleblower may receive an award under \n        section 30172, United States Code, regardless of whether the \n        violation underlying the covered action occurred prior to the \n        date of enactment of this Act.\n    (c) Conforming Amendments.--The table of contents of subchapter IV \nof chapter 301 of title 49, United States Code, is amended by adding at \nthe end the following:\n\n``30172. Whistleblower incentives and protections.''.","title":""}
+{"_id":"c302","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Moving to Work Reform Act of 2015''.\n\nSEC. 2. TERMS OF MOVING TO WORK AGREEMENTS.\n\n    The Secretary of Housing and Urban Development may not enter into \nor extend any Moving to Work agreement for any public housing agency \nfor participation in the demonstration established under section 204 of \nthe Departments of Veterans Affairs and Housing and Urban Development, \nand Independent Agencies Appropriations Act, 1996 (Public Law 104-134; \n110 Stat. 1321), unless such agreement is subject to the following \nterms and conditions for the entire duration of such agreement:\n            (1) Evaluation of major policy changes.--A public housing \n        agency may not newly establish any rent policy that raises rent \n        burdens for a significant portion of participating families, \n        any time limitation on the term of housing assistance, or any \n        policy that conditions receipt of housing assistance from \n        program funds on employment status, unless--\n                    (A) the policy change will be subject to a detailed \n                evaluation using a rigorous research methodology which \n                includes, at least in part, random assignment to \n                treatment and control groups to compare the impact on \n                assisted families (including families that cease to \n                receive assistance during the term of the evaluation) \n                to similar families not subject to such policy change; \n                and\n                    (B) the Secretary determines that adequate Federal \n                or other resources are available to undertake the \n                required evaluation.\n            (2) Use of tenant-based rental assistance funds.--A public \n        housing agency may use funds appropriated for renewal of \n        tenant-based rental assistance only for payments to or on \n        behalf of eligible families that assist such families with \n        housing costs, except that up to 10 percent of such funds may \n        be used for other eligible purposes, subject to such \n        requirements as the Secretary shall establish.\n            (3) Determination of tenant-based rental assistance \n        funding.--A public housing agency shall receive funding for \n        renewal of tenant-based rental assistance determined using the \n        same formula applied to public housing agencies that do not \n        participate in the demonstration, except that up to 10 percent \n        of such funds may be renewed by adjusting the prior year's \n        funding by an inflation factor determined by the Secretary.\n            (4) Prohibition of reduction in number of families \n        assisted.--A public housing agency shall provide ongoing \n        housing assistance resulting in average cost burdens no higher \n        than those of families assisted under sections 8 and 9 of the \n        United States Housing Act of 1937 (42 U.S.C. 1437f, 1437g) to \n        substantially the same number of eligible low-income families \n        as the agency could assist if it expended the full amount of \n        funding it receives under such sections 8 and 9 pursuant to the \n        requirements of such sections.\n            (5) Housing choice.--If the Secretary determines that a \n        disproportionately low share of families assisted by a public \n        housing agency using funds appropriated pursuant to sections 8 \n        and 9 of the United States Housing Act of 1937 lives in \n        neighborhoods with low crime, high-performing schools, or other \n        indicators of high opportunity, the public housing agency shall \n        develop and implement a plan to expand families' access to such \n        neighborhoods.\n            (6) Determination of public housing operating funding.--A \n        public housing agency shall receive funding for operation and \n        management of public housing determined using the same formula \n        applied to public housing agencies that do not participate in \n        the demonstration, except that, for an agency that currently \n        receives such funding under an alternative formula established \n        by its Moving to Work agreement, the Secretary shall phase in \n        the requirements of this paragraph in a manner sufficient so as \n        to avoid reducing funding by more than 10 percent per year.\n            (7) Retained provisions.--The Secretary shall not waive any \n        of the following provisions of the United States Housing Act of \n        1937:\n                    (A) Subsections (a)(2)(A) and (b)(1) of section 16 \n                (42 U.S.C. 1437n; relating to targeting for new \n                admissions).\n                    (B) Section 2(b) (42 U.S.C. 1437(b); relating to \n                tenant representatives on the public housing agency \n                board of directors).\n                    (C) Section 3(b)(2) (42 U.S.C. 1437a(b)(2); \n                relating to definitions for the terms ``low-income \n                families'', ``very low-income families'', and \n                ``extremely low-income families'').\n                    (D) Section 5A(e) (42 U.S.C. 1437c-1(e); relating \n                to the formation of and consultation with a resident \n                advisory board).\n                    (E) Sections 6(f)(1) and 8(o)(8)(B) (42 U.S.C. \n                1437d(f)(1), 1437f(o)(8)(B); relating to compliance of \n                units assisted with housing quality standards or other \n                codes).\n                    (F) Section 6(k) (42 U.S.C. 1437d(k); relating to \n                grievance procedures for public housing tenants).\n                    (G) Section 7 (42 U.S.C. 1437e; relating to \n                designation of housing for elderly and disabled \n                households).\n                    (H) Sections 8(ee) and 6(u) (42 U.S.C. 1437f(ee), \n                1437d(n); relating to records, certification and \n                confidentiality regarding domestic violence).\n                    (I) Paragraphs (3) and (4)(i) of section 6(c) and \n                sections 982.552 and 982.553 of the Secretary's \n                regulations (42 U.S.C. 1437d(c) and 24 C.F.R. 982.552, \n                982.553; relating to rights of applicants).\n                    (J) Section 6(l) (42 U.S.C. 1437d(l); relating to \n                public housing lease requirements), except that for \n                units assisted both with program funds and low-income \n                housing tax credits, the initial lease term may be less \n                than 12 months if required to conform lease terms with \n                such tax credit requirements.\n                    (K) Subparagraphs (C) through (F) of section \n                8(o)(7) and section 8(o)(20) (42 U.S.C. 1437f(o); \n                relating to lease requirements and eviction protections \n                for families assisted with tenant-based assistance).\n                    (L) Section 8(o)(13)(B) (42 U.S.C. 1437f(o)(13)(B); \n                relating to the 20-percent portfolio cap on the use of \n                voucher funds for project-based vouchers), except as \n                follows:\n                            (i) A public housing agency that, pursuant \n                        to a Moving to Work agreement in effect on the \n                        date of the enactment of this Act, is using or \n                        has committed voucher funds as of such date of \n                        enactment for project-based vouchers in excess \n                        of the 20-percent cap may continue to use such \n                        funds in excess of such cap, but not in excess \n                        of the percentage in use or committed as of \n                        such date of enactment pursuant to such \n                        agreement, or as specified in clause (ii), \n                        whichever is higher.\n                            (ii) A public housing agency may use \n                        voucher funds for project-based vouchers in \n                        excess of the 20-percent cap, but not to exceed \n                        35 percent, if such use meets one of the \n                        following criteria:\n                                    (I) The project-based vouchers \n                                serve homeless or other special needs \n                                families, as defined by the Secretary.\n                                    (II) The project-based vouchers are \n                                used in a low-poverty area, as defined \n                                by the Secretary.\n                                    (III) The project-based vouchers \n                                are used in connection with a \n                                demonstration of a project-based \n                                program that is subject to evaluation \n                                by the Secretary.\n                    (M) Section 8(o)(13)(E) (42 U.S.C. 1437f(o)(13)(E); \n                relating to the ability of families with project-based \n                vouchers to move, using tenant-based vouchers, after 12 \n                months of occupancy), unless the Secretary determines \n                that waiver of such section is necessary to implement \n                transitional or time-limited housing policies subject \n                to evaluation described in paragraph (1) of this \n                section.\n                    (N) Section 8(r)(1) (42 U.S.C. 1437f(r)(1); \n                relating to the portability of vouchers).\n                    (O) The following requirements applicable to \n                resident councils and jurisdiction-wide resident \n                organizations:\n                            (i) Establishment of resident councils and \n                        resident organizations under section 20 (42 \n                        U.S.C. 1437r).\n                            (ii) Minimum amount of public housing \n                        agency support for such councils and \n                        organizations under section 20.\n                            (iii) Involvement of such councils and \n                        organizations in public housing agency \n                        operations, as authorized under sections \n                        3(c)(2), 6(c)(5)(C), and 9(e) (42 U.S.C. \n                        1437a(c)(2), 1437d(c)(5)(C), 1437g(e)).\n\nSEC. 3. ASSESSMENT OF DEMONSTRATION.\n\n    The Secretary of Housing and Urban Development shall conduct a \ncomprehensive evaluation of the Moving to Work demonstration and, upon \ncompletion of the evaluation, submit to the Congress a report--\n            (1) describing and analyzing the risks and potential \n        benefits of expanding the Moving to Work demonstration program \n        to additional agencies compared to those of maintaining the \n        demonstration program at its current size; and\n            (2) identifying reforms, and selection criteria in case the \n        demonstration program is expanded, that would improve the \n        program's effectiveness in testing innovative policies while \n        minimizing adverse effects on low-income families and ensuring \n        efficient use of Federal funds to meet the most pressing \n        housing needs.","title":""}
+{"_id":"c303","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Advisory Commission on Tax \nReform and Simplification Act of 2001''.\n\nSEC. 2. PURPOSE.\n\n    The purpose of this Act is to establish a commission to study and \nreport back to Congress recommendations on simplifying, reforming, or \nreplacing the Internal Revenue Code of 1986.\n\nSEC. 3. FINDINGS.\n\n    The Congress finds the following:\n            (1) The Internal Revenue Code of 1986 is overly complex, \n        imposes significant burdens on individuals, businesses, and the \n        economy, is extremely difficult for the Internal Revenue \n        Service to administer, and is in need of fundamental reform and \n        simplification.\n            (2) Many of the problems encountered by taxpayers in \n        dealing with the Internal Revenue Service--especially those \n        arising from misunderstandings of the Code--could be eliminated \n        or alleviated by fundamental reform and simplification.\n            (3) The Internal Revenue Service faces continual difficulty \n        in administering an overly lengthy, complex, and confusing tax \n        code.\n            (4) Taxpayers and tax experts have repeatedly called for a \n        simplification of the current tax code.\n            (5) The complexity of the current code places a significant \n        burden on individual filers, including extensive record \n        keeping, time requirements to prepare returns, gaining an \n        understanding of the exemptions for which they may qualify, and \n        other burdens. This has forced the majority of taxpayers to \n        turn to tax professionals to prepare their tax returns.\n            (6) Congress is continually modifying and correcting the \n        Code, leading to annual uncertainty and only adding to the \n        patchwork of complexity and confusion.\n            (7) The Federal Government's present fiscal outlook for \n        continuing and sustained budget surpluses provides a unique \n        opportunity for the Congress to consider measures for \n        fundamental reform and simplification of the tax laws.\n            (8) Recent efforts to simplify or reform the tax laws have \n        not been successful due in part to the difficulty of developing \n        broad-based, nonpartisan support for proposals to make such \n        changes.\n\nSEC. 4. ESTABLISHMENT OF A NATIONAL COMMISSION ON TAX REFORM AND \n              SIMPLIFICATION.\n\n    (a) In General.--To carry out the purposes of this Act, there is \nestablished within the legislative branch a National Advisory \nCommission on Tax Reform and Simplification (in this Act referred to as \nthe ``Commission''), comprised of 15 members. The membership of the \nCommission shall be as follows:\n            (1) 3 members appointed by the President, 2 from the \n        executive branch of the Government and 1 from private life.\n            (2) 4 members appointed by the majority leader of the \n        Senate, 1 from Members of the Senate and 3 from private life.\n            (3) 2 members appointed by the minority leader of the \n        Senate, 1 from Members of the Senate and 1 from private life.\n            (4) 4 members appointed by the Speaker of the House of \n        Representatives, 1 from Members of the House of Representatives \n        and 3 from private life.\n            (5) 2 members appointed by the minority leader of the House \n        of Representatives, 1 from Members of the House of \n        Representatives and 1 from private life.\n    (b) Sense of Congress.--It is the sense of Congress that the \nPresident and congressional leadership should draw from a number of \nimportant areas of expertise in composing the Commission, including tax \nexperts familiar with corporate tax issues, international tax issues, \nsmall business tax issues, and family and individual tax issues.\n    (c) Appointments.--Appointments to the Commission shall be made not \nlater than 45 days after the date of the enactment of this Act.\n\nSEC. 5. RULES OF THE COMMISSION.\n\n    (a) Quorum.--Nine members of the Commission shall constitute a \nquorum for conducting the business of the Commission.\n    (b) Initial Meeting.--If, after 60 days from the date of the \nenactment of this Act, 5 or more members of the Commission have been \nappointed, members who have been appointed may meet and select the \nChair (or Co-chairs) who thereafter shall have the authority to begin \nthe operations of the Commission, including the hiring of staff.\n    (c) Rules.--The Commission may adopt such other rules as it \nconsiders appropriate.\n    (d) Vacancies.--Any vacancy in the Commission shall not affect its \npowers, but shall be filled in the same manner in which the original \nappointment was made. Any meeting of the Commission or any subcommittee \nthereof may be held in executive session to the extent that the Chair \n(Co-Chairs, if elected) or a majority of the members of the Commission \nor subcommittee determine appropriate.\n    (e) Continuation of Membership.--Any individual who appointed a \nmember to the Commission by virtue of holding a position described in \nsection 4 ceases to hold such position before the report of the \nCommission is submitted, that member may continue as a member for not \nlonger than the 30-day period beginning on the date that such \nindividual ceases to hold such position.\n\nSEC. 6. DUTIES OF THE COMMISSION.\n\n    (a) In General.--The duties of the Commission shall include--\n            (1) to conduct, for a period of not to exceed 18 months \n        from the date of its first meeting, the review described in \n        subsection (b); and\n            (2) to submit to the Congress a report of the results of \n        such review, including recommendations for fundamental reform \n        and simplification of the Internal Revenue Code of 1986, as \n        described in section 10.\n    (b) Review and Issuing Proposals.--The Commission shall review and, \nwhen applicable, issue proposals on--\n            (1) the present structure and provisions of the Internal \n        Revenue Code of 1986, especially with respect to--\n                    (A) its impact on the economy (including the impact \n                on savings, capital formation, capital investment, and \n                international trade);\n                    (B) its impact on families and the workforce \n                (including issues relating to distribution of tax \n                burden and impact on small businesses);\n                    (C) the predictability of the tax code from year to \n                year;\n                    (D) the compliance cost to taxpayers and \n                businesses; and\n                    (E) the ability of the Internal Revenue Service to \n                administer such provisions;\n            (2) whether tax systems imposed under the laws of other \n        countries could provide more efficient, simple, and fair \n        methods of funding the revenue requirements of the Government;\n            (3) whether the income tax should be replaced with a tax \n        imposed in a different manner or on a different base; and\n            (4) whether the Internal Revenue Code of 1986 can be \n        simplified, absent wholesale restructuring or replacement \n        thereof.\n\nSEC. 7. POWERS OF THE COMMISSION.\n\n    (a) In General.--The Commission or, on the authorization of the \nCommission, any subcommittee or member thereof, may, for the purpose of \ncarrying out the provisions of this Act, hold such hearings and sit and \nact at such times and places, take such testimony, receive such \nevidence, and administer such oaths, as the Commission or such \ndesignated subcommittee or designated member may deem advisable.\n    (b) Contracting.--The Commission may, to such extent and in such \namounts as are provided in appropriation Acts, enter into contracts to \nenable the Commission to discharge its duties under this Act.\n    (c) Assistance From Federal Agencies and Offices.--\n            (1) Information.--The Commission is authorized to secure \n        directly from any executive department, bureau, agency, board, \n        commission, office, independent establishment, or \n        instrumentality of the Government, as well as from any \n        committee or other office of the legislative branch, such \n        information, suggestions, estimates, and statistics as it \n        requires for the purposes of its review and report. Each such \n        department, bureau, agency, board, commission, office, \n        establishment, instrumentality, or committee shall, to the \n        extent not prohibited by law, furnish such information, \n        suggestions, estimates, and statistics directly to the \n        Commission, upon request made by the Chair (Co-chairs, if \n        elected).\n            (2) Treasury department.--The Secretary of the Treasury is \n        authorized on a nonreimbursable basis to provide the Commission \n        with administrative services, funds, facilities, staff, and \n        other support services for the performance of the Commission's \n        functions.\n            (3) General services administration.--The Administrator of \n        General Services shall provide to the Commission on a \n        nonreimbursable basis such administrative support services as \n        the Commission may request.\n            (4) Joint committee on taxation.--The staff of the Joint \n        Committee on Taxation is authorized on a nonreimbursable basis \n        to provide the Commission with such legal, economic, or policy \n        analysis, including revenue estimates, as the Commission may \n        request.\n            (5) Other assistance.--In addition to the assistance set \n        forth in paragraphs (1), (2), (3), and (4), departments and \n        agencies of the United States are authorized to provide to the \n        Commission such services, funds, facilities, staff, and other \n        support services as they may deem advisable and as may be \nauthorized by law.\n            (6) Postal services.--The Commission may use the United \n        States mails in the same manner and under the same conditions \n        as departments and agencies of the United States.\n            (7) Gifts.--The Commission may accept, use, and dispose of \n        gifts or donations of services or property in carrying out its \n        duties under this Act.\n\nSEC. 8. STAFF OF THE COMMISSION.\n\n    (a) In General.--The Chair (Co-Chairs, if elected), in accordance \nwith rules agreed upon by the Commission, may appoint and fix the \ncompensation of a staff director and such other personnel as may be \nnecessary to enable the Commission to carry out its functions without \nregard to the provisions of title 5, United States Code, governing \nappointments in the competitive service, and without regard to the \nprovisions of chapter 51 and subchapter III or chapter 53 of such title \nrelating to classification and General Schedule pay rates, except that \nno rate of pay fixed under this subsection may exceed the equivalent of \nthat payable to a person occupying a position at level V of the \nExecutive Schedule under section 5316 of title 5, United States Code. \nAny Federal Government employee may be detailed to the Commission \nwithout reimbursement from the Commission, and such detailee shall \nretain the rights, status, and privileges of his or her regular \nemployment without interruption.\n    (b) Consultant Services.--The Commission is authorized to procure \nthe services of experts and consultants in accordance with section 3109 \nof title 5, United States Code, but at rates not to exceed the daily \nrate paid a person occupying a position at level IV of the Executive \nSchedule under section 5315 of title 5, United States Code.\n\nSEC. 9. COMPENSATION AND TRAVEL EXPENSES.\n\n    (a) Compensation.--\n            (1) In general.--Except as provided in paragraph (2), each \n        member of the Commission may be compensated at not to exceed \n        the daily equivalent of the annual rate of basic pay in effect \n        for a position at level IV of the Executive Schedule under \n        section 5315 of title 5, United States Code, for each day \n        during which that member is engaged in the actual performance \n        of the duties of the Commission.\n            (2) Exception.--Members of the Commission who are officers \n        or employees of the United States or Members of Congress shall \n        receive no additional pay on account of their service on the \n        Commission.\n    (b) Travel Expenses.--While away from their homes or regular places \nof business in the performance of services for the Commission, members \nof the Commission shall be allowed travel expenses, including per diem \nin lieu of subsistence, in the same manner as persons employed \nintermittently in the Government service are allowed expenses under \nsection 5703(b) of title 5, United States Code.\n\nSEC. 10. REPORT OF THE COMMISSION; TERMINATION.\n\n    (a) Report.--Not later than 18 months after the date of the first \nmeeting of the Commission, the Commission shall submit a report to the \nCommittee on Ways and Means of the House of Representatives and the \nCommittee on Finance of the Senate. The report of the Commission shall \ndescribe the results of its review under section 6(b), shall make such \nrecommendations for fundamental reform and simplification of the \nInternal Revenue Code of 1986 as the Commission considers appropriate, \nand shall describe the expected impact of such recommendations on the \neconomy and progressivity and general administrability of the tax laws.\n    (b) Termination.--\n            (1) In general.--The Commission, and all the authorities of \n        this Act, shall terminate on the date which is 90 days after \n        the date on which the report is required to be submitted under \n        subsection (a).\n            (2) Concluding activities.--The Commission may use the 90-\n        day period referred to in paragraph (1) for the purposes of \n        concluding its activities, including providing testimony to \n        committees of Congress concerning its report and disseminating \n        that report.\n    (c) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary for the activities of the \nCommission. Until such time as funds are specifically appropriated for \nsuch activities, $2,000,000 shall be available from fiscal year 2001 \nfunds appropriated to the Department of the Treasury, ``Departmental \nOffices'' account, for the activities of the Commission, to remain \navailable until expended.","title":""}
+{"_id":"c304","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Center for Pain Research \nAct of 1996''.\n\nSEC. 2. NATIONAL CENTER FOR PAIN RESEARCH.\n\n    (a) Establishment.--Section 401(b)(2) of the Public Health Service \nAct (42 U.S.C. 281(b)(2)) is amended by adding at the end thereof the \nfollowing new subparagraph:\n            ``(F) The National Center for Pain Research.''.\n    (b) Operation.--Part E of title IV (42 U.S.C. 287 et seq.) is \namended by adding at the end thereof the following new subpart:\n\n             ``Subpart 5--National Center for Pain Research\n\n``SEC. 485E. ESTABLISHMENT AND PURPOSE OF THE CENTER.\n\n    ``(a) Establishment.--The Secretary shall establish within the \nNational Institutes of Health, a center to be known as the National \nCenter for Pain Research (hereafter referred to in this subpart as the \n`Center'). The Center shall be headed by a Director (hereafter referred \nto in this subpart as the `Director') who shall be appointed by the \nDirector of NIH, after consultation with experts in the fields of pain \nresearch and treatment representing the disciplines designated in \nsubsection (b)(3), and have the powers described in section 405.\n    ``(b) General Purpose.--The general purpose of the National Center \nfor Pain Research is--\n            ``(1) to improve the quality of life of individuals \n        suffering from pain by fostering of clinical and basic science \n        research into the causes of and effective treatments for pain;\n            ``(2) to establish a national agenda for conducting and \n        supporting pain research in the specific categories described \n        in subparagraphs (A), (B), (C), and (D) of paragraph (3);\n            ``(3) to identify, coordinate and support research, \n        training, health information dissemination and related \n        activities with respect to--\n                    ``(A) acute pain;\n                    ``(B) cancer and HIV-related pain;\n                    ``(C) back pain, headache pain, and facial pain; \n                and\n                    ``(D) other painful conditions;\n        including the biology of pain, the development of new and the \n        refinement of existing pain treatments, the delivery of pain \n        treatment through the health care system and the coordination \n        of interdisciplinary pain management, that should be conducted \n        or supported by the National Institutes of Health;\n            ``(4) to conduct and support pain research, training, \n        education and related activities that have been identified as \n        requiring additional, special priority as determined \n        appropriate by the Director of the Center and the advisory \n        council established under subsection (c);\n            ``(5) to coordinate all pain research, training, and \n        related activities being carried out among and within the \n        National Institutes of Health;\n            ``(6) to initiate a comprehensive program of collaborative \n        interdisciplinary research among schools, colleges and \n        universities, including colleges of medicine and osteopathy, \n        colleges of nursing, colleges of chiropractic who are members \n        of the Association of Chiropractic Colleges, schools of \n        dentistry, schools of physical therapy, schools of occupational \n        therapy, and schools of clinical psychology, comprehensive \n        health care centers, and specialized centers of pain research \n        and treatment; and\n            ``(7) to promote the sufficient allocation of the resources \n        of the National Institutes of Health for conducting and \n        supporting pain research in the specific categories described \n        in subparagraphs (A), (B), (C), and (D) of paragraph (3).\n    ``(c) Advisory Council.--\n            ``(1) In general.--The National Pain Research Center \n        Advisory Board shall be the advisory council for the Center. \n        Section 406 applies to the advisory council established under \n        this paragraph, except that--\n                    ``(A) the members of the advisory council shall \n                include representatives of the broad range of health \n                and scientific disciplines involved in research and \n                treatment related to those categories of pain described \n                in subsection (b)(2), and shall include an equal number \n                of representatives of physicians who practice pain \n                management, clinical psychologists, individuals who \n                provide physical medicine and rehabilitative services \n                (including physical therapy and occupational therapy), \n                nurses, dentists, and chiropractic health care \n                professionals;\n                    ``(B) the nonvoting ex officio members shall \n                include--\n                            ``(i) the Director of the National Cancer \n                        Institute;\n                            ``(ii) the Director of the National \n                        Institute of Dental Research;\n                            ``(iii) the Director of the National \n                        Institute of Child Health and Human \n                        Development;\n                            ``(iv) the Director of the National \n                        Institute of Nursing Research;\n                            ``(v) the Director of the National \n                        Institute of Allergy and Infectious Diseases;\n                            ``(vi) the Director of the National \n                        Institute of Arthritis and Musculoskeletal and \n                        Skin Diseases;\n                            ``(vii) the Director of the National \n                        Institute of Neurological Disorders and Stroke;\n                            ``(viii) the Director of the National \n                        Institute on Drug Abuse; and\n                            ``(ix) the Director of the National \n                        Institute on Disability and Rehabilitation \n                        Research of the Department of Education; and\n                    ``(3) the council shall meet at least two times \n                each fiscal year.\n            ``(2) Duties.--The advisory council shall advise, assist, \n        consult with and make recommendations to the Director of the \n        Center concerning matters relating to the coordination, \n        research, training, education, and related general purposes set \n        forth in sub section (b), including policy recommendations with \n        regard to grants, contracts, and the operations of the Center.\n    ``(d) Establishment of Regional Pain Research Centers.--\n            ``(1) Establishment.--To facilitate and enhance the \n        research, training, education, and related activities to be \n        carried out by the Center, the Director of the Center, in \n        consultation with the advisory council established under \n        subsection (c), shall establish not less than six regional pain \n        research centers.\n            ``(2) Focus and distribution.--\n                    ``(A) Focus.--The regional centers established \n                under paragraph (1) shall have as their primary focus \n                one of the categories of pain described in \n                subparagraphs (A), (B), (C), and (D) of subsection \n                (b)(3).\n                    ``(B) Distribution.--One regional pain research \n                center shall be established in each of the following \n                six regions of the United States as defined by the \n                Secretary:\n                    ``(A) The northeast region.\n                    ``(B) The southeast region.\n                    ``(C) The midwest region.\n                    ``(D) The southwest region.\n                    ``(E) The west region, including Hawaii.\n                    ``(F) The Pacific Northwest region, including \n                Alaska.\n            ``(2) Use of technology.--The regional centers established \n        under paragraph (1) shall be a part of the Center and shall be \n        interconnected to the Center headquarters through the \n        utilization of distance learning technologies, satellites, \n        fiber optic links, or other telecommunications and computer \n        systems, to allow for the interactive exchange of information, \n        research data, findings, training programs, educational \n        programs, and other Center research and related initiatives.\n            ``(3) Initial regional centers.--The initial regional \n        centers shall be selected through a competitive process from \n        among institutions and centers of the type described in \n        subsection (b)(6).\n    ``(e) Authorization of Appropriations.--\n            ``(1) In general.--For the purposes of carrying out this \n        section, there are authorized to be appropriated $20,000,000 \n        for each of fiscal years 1997, 1998, and 1999, and such sums as \n        may be necessary for fiscal year 2000.\n            ``(2) Regional centers.--Of the amount appropriated under \n        paragraph (1) for fiscal year 1998 and each subsequent fiscal \n        year, not less than $1,000,000 shall be made available to each \n        of the regional centers established under subsection (d).\n            ``(3) Report to congress.--Not later than January 1, 1998, \n        and each January 1, thereafter, the Director of the Center \n        shall prepare and submit to the committees of Congress a report \n        concerning the total amount of funds expended to support for \n        pain-related research in for the year for which the report was \n        prepared.''.","title":""}
+{"_id":"c305","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Childhood Brain Tumor \nPrevention Network Act of 2008''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Tumors kill more children than any other disease and \n        brain tumors are the second most common type of cancer in \n        children.\n            (2) Childhood brain tumors are the leading cause of death \n        from solid tumors in children.\n            (3) There are newly recognized types of brain tumors, as \n        defined by the World Health Organization, and many of these \n        newly recognized types occur in children.\n            (4) The causes of the overwhelming majority of childhood \n        brain tumors are unknown.\n            (5) Brain tumors have substantial costs for affected \n        children, the families of such children, and society.\n            (6) Childhood brain tumors cause significant morbidity and \n        the loss of many years of potential life.\n            (7) The prognosis for most childhood brain tumors is dismal \n        and survivors face lasting adverse health effects.\n            (8) Because of the relatively low overall incidence of \n        childhood brain tumors, such tumors frequently do not receive \n        sufficient attention and research funding.\n            (9) No single institution has a sufficient number of \n        patients to independently conduct research that will adequately \n        address the causes of childhood brain tumors.\n            (10) There has been no comprehensive study analyzing all \n        relevant clinical, biological, and epidemiological aspects of \n        childhood brain tumors to identify potential risk factors and \n        determine the cause of such tumors.\n            (11) Existing national cooperative clinical oncology groups \n        primarily investigate treatment options and prognosis and do \n        not typically examine the origins of childhood brain tumors or \n        the risk factors associated with such tumors. A significant \n        majority of children with brain tumors are first treated by \n        neurosurgeons and not by oncologists typically involved in such \n        groups.\n\nSEC. 3. SENSE OF CONGRESS.\n\n    It is the sense of Congress that--\n            (1) there is a need to establish a multi-center research \n        effort based on collaboration between regional consortia in \n        order to comprehensively study the causes of childhood brain \n        tumors and identify potential risk factors;\n            (2) there is a need to encourage a collaborative effort \n        among surgical and medical centers with epidemiological study \n        groups to gather comprehensive and detailed information for \n        each child enrolled in those groups, in order to investigate \n        environmental, nutritional, genetic, and developmental factors \n        with respect to, and the pathological and epidemiological \n        characteristics of, childhood brain tumors; and\n            (3) there is a need to authorize the Director of the \n        National Institutes of Health to coordinate national research \n        efforts of governmental and nongovernmental entities with \n        respect to childhood brain tumors.\n\nSEC. 4. ESTABLISHMENT OF THE NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION \n              NETWORK.\n\n    (a) In General.--Subpart 1 of part C of title IV of the Public \nHealth Service Act (42 U.S.C. 285 et seq.) is amended by adding at the \nend the following:\n\n``SEC. 417F. NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK.\n\n    ``(a) Establishment of the National Childhood Brain Tumor \nPrevention Network.--\n            ``(1) In general.--Not later than one year after the date \n        of the enactment of this section, the Director of NIH, acting \n        through the Director of the National Cancer Institute, shall \n        establish, administer, and coordinate a National Childhood \n        Brain Tumor Prevention Network (hereinafter referred to in this \n        section as the `Network') for the purposes described in \n        paragraph (2).\n            ``(2) Purposes.--The purposes of the Network shall be the \n        following:\n                    ``(A) Providing grants of not fewer than five years \n                duration to eligible consortia for the purpose of \n                conducting research with respect to the causes of and \n                risk factors associated with childhood brain tumors.\n                    ``(B) Assembling a panel of experts, including \n                members of the Brain Tumor Epidemiology Consortium and \n                survivors of brain tumors, to provide ongoing guidance \n                and recommendations for, with respect to research \n                funded by the Network, the development of the \n                following:\n                            ``(i) A common study design.\n                            ``(ii) Standard protocols, methods, \n                        procedures, and assays for collecting from \n                        individuals enrolled as study participants, and \n                        the parents of such individuals, a minimum data \n                        set that includes the following:\n                                    ``(I) Environmental exposure data.\n                                    ``(II) Nutritional data.\n                                    ``(III) Biospecimens, including \n                                genomic data.\n                                    ``(IV) Histopathological and \n                                molecular pathological data and \n                                specimens.\n                                    ``(V) Clinical and radiological \n                                data.\n                            ``(iii) Specific analytical methods for \n                        examining data.\n                            ``(iv) Provisions for consensus review of \n                        enrolled cases.\n                            ``(v) An integrated data collection \n                        network.\n                    ``(C) Designating a central laboratory to collect, \n                analyze, and aggregate data with respect to research \n                funded by the Network and to make such data and \n                analysis available to researchers.\n            ``(3) Eligible consortia.--To be eligible for a grant under \n        this section, a consortium shall demonstrate the following:\n                    ``(A) The capability to annually enroll as research \n                participants a minimum of 100 individuals with a newly \n                diagnosed childhood brain tumor from the designated \n                catchment area of such consortium.\n                    ``(B) The capability to form a control group by \n                enrolling as research participants, for each enrolled \n                individual with a childhood brain tumor, at least two \n                individuals without a childhood brain tumor, who are \n                matched demographically to such enrolled individual \n                with a childhood brain tumor.\n                    ``(C) That the designated catchment area of such \n                consortium does not overlap with the designated \n                catchment area of a consortium already receiving a \n                grant under this section.\n            ``(4) Report.--Not later than one year after the date of \n        the enactment of this section and annually thereafter, the \n        Director of NIH shall submit to Congress a report with respect \n        to the Network, to be made publicly available, including a \n        summary of research funded by the Network and a list of \n        consortia receiving grants under the Network. At the discretion \n        of the Director of NIH, such report may be combined with other \n        similar or existing reports.\n            ``(5) Authorization of appropriations.--\n                    ``(A) In general.--There is authorized to be \n                appropriated $25,000,000 for each of fiscal years 2010 \n                through 2014, to remain available until expended, to \n                carry out this section.\n                    ``(B) Sense of congress.--It is the sense of \n                Congress that funds appropriated to carry out this \n                section should be in addition to the funds already \n                appropriated to carry out the functions of the National \n                Institutes of Health.\n    ``(b) Definitions.--For purposes of this section, the following \ndefinitions apply:\n            ``(1) Brain tumor epidemiology consortium.--The term `Brain \n        Tumor Epidemiology Consortium' means the organization with such \n        name formed in 2003 after an initial meeting sponsored by the \n        National Cancer Institute's Division of Cancer Epidemiology and \n        Genetics.\n            ``(2) Catchment area.--The term `catchment area' means a \n        defined area for which population data are available.\n            ``(3) Childhood brain tumor.--The term `childhood brain \n        tumor' means an intracranial or spinal cord tumor occurring in \n        an individual under 20 years of age.\n            ``(4) Consortium.--The term `consortium' means a \n        partnership of two or more universities, health care \n        organizations, or government agencies, or any combination of \n        such entities, serving a designated catchment area.''.\n    (b) Technical Correction.--\n            (1) In general.--Section 3 of the Hematological Cancer \n        Research Investment and Education Act of 2002 (Public Law 107-\n        172; 116 Stat. 541) is amended by striking ``419C'' and \n        inserting ``417C''.\n            (2) Effective date.--The amendment made by paragraph (1) \n        shall take effect as if included in the enactment of the Act \n        referred to in such paragraph.","title":""}
+{"_id":"c306","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Environmental Technologies \nAgency Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n    (a) Findings.--Congress finds that--\n            (1) environmental problems facing the world pose a threat \n        to the environmental security of the United States and other \n        nations;\n            (2) the causes of many of environmental problems lie in the \n        use of environmentally damaging technologies in areas such as \n        transportation, energy production, industrial manufacturing, \n        and product use;\n            (3) the development and deployment of environmentally safe \n        technologies will both enhance the nations environmental \n        security and the economic standing of the Nation in the world's \n        market place; and\n            (4) the Federal Government should play a significant role \n        in enhancing the Nation's environmental security by--\n                    (A) facilitating the development and deployment of \n                environmentally safe technologies that provide \n                solutions to environmental problems; and\n                    (B) assisting in the diffusion of knowledge of \n                environmentally safe technologies throughout the \n                Nation.\n    (b) Purpose.--It is the purpose of this Act to assist the efforts \nof private industry, universities, nonprofit research centers, and \ngovernment laboratories to provide environmentally safe technical \nsolutions to problems threatening the Nation's environmental security \nand, in the process, to help the Nation's competitiveness.\n\nSEC. 3. DEFINITIONS.\n\n    For the purposes of this Act--\n            (1) the term ``Administrator'' means the Administrator of \n        the National Environmental Technologies Agency;\n            (2) the term ``Advisory Council'' means the Industry and \n        Academia Advisory Council established by section 5;\n            (3) the term ``Agency'' means the National Environmental \n        Technologies Agency established by section 4; and\n            (4) the term ``Fund'' means the Critical Technologies \n        Revolving Fund established by section 9.\n\nSEC. 4. ESTABLISHMENT OF AGENCY.\n\n    (a) Establishment.--There is established as an independent \nestablishment of the United States the National Environmental \nTechnologies Agency.\n    (b) Administrator.--(1) The Agency shall be headed by the \nAdministrator of the National Environmental Technologies Agency, who \nshall be appointed by the President, with the advice and consent of the \nSenate.\n    (2) Section 5313 of title 5, United States Code, is amended by \nadding at the end the following new item:\n            ``Administrator, National Environmental Technologies \n        Agency.''.\n    (c) Staff.--The Administrator may appoint a staff of professionals \nwith skills in the area of program definition and management and such \nsupport staff as the Administrator determines to be necessary, of which \nno more than 3 may be in positions of confidential or policy-making \ncharacter.\n    (d) Functions.--It shall be the function of the Agency to--\n            (1) coordinate planning by the departments, agencies, and \n        independent establishments of the United States relating to \n        restoration and protection of the environment;\n            (2) identify areas that--\n                    (A) need technical solutions to maintain the \n                environmental security of the Nation;\n                    (B) are not receiving the long-term product-\n                oriented research that is necessary to meet those \n                needs; and\n                    (C) exhibit the greatest promise for the successful \n                development of solutions;\n            (3) support and assist the development of technology having \n        potential future application in the restoration and protection \n        of the environment;\n            (4) coordinate among the departments, agencies, independent \n        establishments of the United States and the private sector the \n        exchange of technological information relating to restoration \n        and protection of the environment;\n            (5) support continuing research and development of advanced \n        technologies by industrial, academic, and governmental and \n        nongovernmental entities;\n            (6) monitor on a continuing basis the research and \n        development being conducted on advanced technologies by private \n        industry in the United States; and\n            (7) promote continuing development of a technological \n        industrial base in the United States.\n    (e) Interagency Advisory Committee.--(1) There is established an \ninteragency advisory committee composed of--\n            (A) the Administrator of the Environmental Protection \n        Agency, who shall be chair of the committee;\n            (B) the Director of the Office of Science and Technology \n        Policy, or the Director's designee;\n            (C) the Secretary of Energy, or the Secretary's designee;\n            (D) the Secretary of Commerce, or the Secretary's designee;\n            (E) the Secretary of State, or the Secretary's designee;\n            (F) the Secretary of Defense, or the Secretary's designee; \n        and\n            (G) the Administrator of the National Aeronautics and Space \n        Administration, or the Administrator's designee.\n    (2) The interagency advisory committee shall advise and provide \ninformation to the Agency with respect to the needs and concerns of \ntheir agencies in the field of environmental technologies.\n\nSEC. 5. INDUSTRY AND ACADEMIA ADVISORY COUNCIL.\n\n    (a) Establishment.--There is established the Industry and Academia \nAdvisory Council.\n    (b) Membership.--(1) The Advisory Council shall consist of 9 \nmembers appointed by the Administrator, at least 5 of whom shall be \nfrom United States industry.\n    (2) The persons appointed as members of the Advisory Council--\n            (A) shall be eminent in fields such as business, research, \n        new product development, engineering, labor, education, \n        management consulting, environment, and international \n        relations;\n            (B) shall be selected solely on the basis of established \n        records of distinguished service; and\n            (C) shall not be employees of the Federal Government.\n    (3) In making appointments of persons as members of the Advisory \nCouncil, the Administrator shall give due consideration to any \nrecommendations that may be submitted to the Director by the National \nAcademies, professional societies, business associations, labor \nassociations, and other appropriate organizations.\n    (c) Terms.--(1)(A) Subject to paragraph (2), the term of office of \na member of the Advisory Council shall be 3 years.\n    (B) A member appointed to fill a vacancy occurring prior to the \nexpiration of the term for which the member's predecessor was appointed \nshall be appointed for the remainder of that term.\n    (C) A member who has completed 2 consecutive full terms on the \nAdvisory Council shall not be eligible for reappointment until 1 year \nafter the expiration of the second such term.\n    (2) The initial members of the Advisory Council shall be appointed \nto 3 classes of 3 members each, one class having a term of 1 year, one \na term of 2 years, and one a term of 3 years.\n    (3)(A) The Advisory Council shall meet at least quarterly at the \ncall of the chair or whenever one-third of the members so request in \nwriting.\n    (B) A majority of the members of the council not having a conflict \nof interest in a matter under consideration by the Advisory Council \nshall constitute a quorum.\n    (C) Each member shall be given appropriate notice of a meeting of \nthe Advisory Council, not less than 15 days prior to any meeting, if \npossible.\n    (4)(A) The Advisory Council shall appoint from among its members a \nperson to serve as chair and a person to serve as vice chair.\n    (B) The vice chair of the Advisory Council shall perform the duties \nof the chair in the absence of the chair.\n    (5) The Advisory Council shall review and make recommendations \nregarding general policy for the Agency, its organization, its budget, \nand its programs within the framework of national policies set forth by \nthe President and the Congress.\n\nSEC. 6. GENERAL AUTHORITY OF THE ADMINISTRATOR.\n\n    (a) Authority.--In carrying out the functions of the Agency, the \nAdministrator may--\n            (1) enter into, perform, and guarantee contracts, leases, \n        grants, and cooperative agreements with any department, agency, \n        or independent establishment of the United States or with any \n        person;\n            (2) use the services, equipment, personnel, or facilities \n        of any other department, agency, or independent establishment \n        of the United States, with the consent of the head of the \n        department, agency, or independent establishment and with or \n        without reimbursement, and cooperate with public and private \n        entities in the use of such services, equipment, and \n        facilities;\n            (3) supervise, administer, and control the activities \n        within the departments, agencies, and independent \n        establishments of the United States relating to patents, \n        inventions, trademarks, copyrights, royalty payments, and \n        matters connected therewith that pertain to technologies \n        relating to restoration and protection of the environment; and\n            (4) appoint 1 or more advisory committees or councils, in \n        addition to those established by sections 4(e) and 5, to \n        consult with and advise the Administrator.\n    (b) Transfer of Technology.--The Administrator may transfer to the \ndomestic private sector technology developed by or with the support of \nthe Agency if the Administrator determines that the technology may have \npotential application in private activities relating to restoration and \nprotection of the environment.\n\nSEC. 7. COOPERATIVE AGREEMENTS AND OTHER ARRANGEMENTS.\n\n    (a) In General.--In carrying out the functions of the Agency, the \nAdministrator may enter into a cooperative agreement or other \narrangement with any department, agency, or independent establishment \nof the United States, any unit of State or local government, any \neducational institution, or any other public or private person or \nentity.\n    (b) Authority To Require Payment.--(1) A cooperative agreement or \nother arrangement entered into under subsection (a) may include a \nprovision that requires a person or other entity to make payments to \nthe Agency (or any other department, agency, or independent \nestablishment of the United States) as a condition to receiving \nassistance from the Agency under the agreement or other arrangement.\n    (2) The amount of any payment received by a department, agency, or \nindependent establishment of the United States pursuant to a provision \nrequired under paragraph (1) shall be credited to the Fund in such \namount as the Administrator may specify.\n    (c) Nonduplication and Other Conditions.--The Administrator shall \nensure that--\n            (1) the authority under this section is used only when the \n        use of standard contracts or grants is not feasible or \n        appropriate; and\n            (2) to the maximum extent practicable, a cooperative \n        agreement or other arrangement entered into under this \n        section--\n                    (A) does not provide for research that duplicates \n                research being conducted under other programs carried \n                out by a department, agency, or independent \n                establishment of the United States; and\n                    (B) requires the other party to the agreement or \n                arrangement to share the cost of the project or \n                activity concerned.\n\nSEC. 8. PROGRAM REQUIREMENTS.\n\n    (a) Selection Criteria.--Not later than 90 days after the date of \nenactment of this Act, the Administrator shall publish in the Federal \nRegister proposed criteria, and not later than 180 days after the date \nof enactment of this Act, following a public comment period, final \ncriteria, for the selection of recipients of contracts, leases, grants, \nand cooperative agreements under this Act.\n    (b) Financial Reporting and Auditing.--The Administrator shall \nestablish procedures regarding financial reporting and auditing to \nensure that contracts and awards are used for the purposes specified in \nthis section, are in accordance with sound accounting practices, and \nare not funding existing or planned research programs that would be \nconducted in the same time period in the absence of financial \nassistance under this Act.\n    (c) Advice of the Advisory Council.--The Administrator shall ensure \nthat the advice of the Advisory Council is considered routinely in \ncarrying out the responsibilities of the Agency.\n    (d) Dissemination of Research Results.--The Administrator shall \nprovide for appropriate dissemination of research results of the \nAgency's program.\n    (e) Contracts or Awards; Criteria; Restrictions.--(1) No contract \nor award may be made under this Act until the research project in \nquestion has been subject to a merit review, and has, in the opinion of \nthe reviewers appointed by the Administrator, been shown to have \nscientific and technical merit.\n    (2) Federal funds made available under this Act shall be used only \nfor direct costs and not for indirect costs, profits, or management \nfees of the contractor.\n    (3) In determining whether to make an award to a joint venture, the \nAdministrator shall consider whether the members of the joint venture \nhave provided for the appropriate participation of small United States \nbusinesses in the joint venture.\n    (4) Section 552 of title 5, United States Code, shall not apply to \nthe following information obtained by the Federal Government on a \nconfidential basis in connection with the activities of any business or \nany joint venture that receives funding under this Act:\n            (A) Information on the business operation of a member of \n        the business or joint venture.\n            (B) Trade secrets possessed by any business or by a member \n        of the joint venture.\n    (5) Intellectual property owned and developed by a business or \njoint venture that receives funding under this Act or by any member of \nsuch a joint venture may not be disclosed by any officer or employee of \nthe United States except in accordance with a written agreement between \nthe owner or developer and the Administrator.\n    (6) The United States shall be entitled to a share of the licensing \nfees and royalty payments made to and retained by a business or joint \nventure to which it contributes under this section in an amount \nproportionate to the Federal share of the costs incurred by the \nbusiness or joint venture, as determined by independent audit.\n    (7) A contract or award under this Act shall contain appropriate \nprovisions for discontinuance of the project and return of the unspent \nFederal funds to the Agency (after payment of all allowable costs and \nan audit) if--\n            (A) due to technical difficulties, financial difficulty on \n        the part of the recipient, or for any other reason, the \n        recipient is not making satisfactory progress toward successful \n        completion of the project; or\n            (B) despite satisfactory progress on the progress, it \n        appears that the project will not achieve satisfactorily the \n        goals of the project.\n    (8) Upon dissolution of a joint venture that receives funding under \nthis Act or at a time otherwise agreed upon, the United States shall be \nentitled to a share of the residual assets of a joint venture that is \nproportionate to the Federal share of the costs of the joint venture, \nas determined by independent audit.\n\nSEC. 9. REVOLVING FUND.\n\n    (a) Establishment.--There is established in the Treasury of the \nUnited States a revolving fund to be known as the ``Environmental \nAdvanced Research Projects Revolving Fund'', which shall consist of \nsuch amounts as are appropriated or credited to it from time to time.\n    (b) Expenditures From the Fund.--Amounts in the Fund shall be \navailable, as provided in appropriations Acts, to carry out the \npurposes of this Act.\n    (c) Loans, Grants, and Other Financial Assistance.--(1) The \nAdministrator may use the Fund for the purpose of making loans, grants, \nand other financial assistance to industrial and nonprofit research \ncenters, universities, and other entities that serve the long-term \nenvironmental security needs of the United States, to carry out the \npurposes of this Act.\n    (2) A loan made under this section shall bear interest at a rate \ndetermined by the Secretary of the Treasury (as of the close of the \ncalendar month preceding the month in which the loan is made) to be 3 \npercent less than the current market yield on outstanding marketable \nobligations of the United States with remaining periods to maturity \ncomparable to the period for which the loan is made.\n    (3) Repayments on a loan made under this section and the proceeds \nfrom any other agreement entered into by the Administrator under this \nAct shall be credited to the Fund.\n    (d) Management of Fund.--(1) The Secretary of the Treasury shall \nmanage the Fund and, after consultation with the Administrator, report \nto Congress each year on the financial condition and the results of the \noperation of the Fund during the preceding fiscal year and on the \nexpected condition and operations of the Fund during the next 5 fiscal \nyears.\n    (2)(A) The Secretary of the Treasury shall invest the portion of \nthe Fund that is not, in the judgment of the Secretary, required to \nmeet current withdrawals.\n    (B) Investments of monies in the Fund may be made only in interest-\nbearing obligations of the United States.\n\nSEC. 10. ANNUAL REPORT.\n\n    The Administrator shall submit a report to Congress annually \ndescribing--\n            (1) the activities of the Agency;\n            (2) the Agency's plans for future activities;\n            (3) the manner and extent to which technologies developed \n        with assistance from the Agency have been used; and\n            (4) the extent to which those technologies have been \n        transferred overseas.\n\nSEC. 11. APPROPRIATIONS.\n\n    (a) Amounts.--There are authorized to be appropriated to the Agency \nto carry out this Act $75,000,000 for fiscal year 1993, $140,000,000 \nfor fiscal year 1994, and $200,000,000 for fiscal year 1995.\n    (b) Limitation on Use.--Of amounts appropriated to the Agency, no \nmore than 5 percent may be used to pay for administrative expenses of \nthe Agency.\n\n                                 \n\nS 425 IS----2","title":""}
+{"_id":"c307","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Fab Lab Network Act of \n2013''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Scientific discoveries and technical innovations are \n        critical to the economic and national security of the United \n        States.\n            (2) Maintaining the leadership of the United States in \n        science, technology, engineering, and mathematics will require \n        a diverse population with the skills, interest, and access to \n        tools required to advance these fields.\n            (3) Just as earlier digital revolutions in communications \n        and computation provided individuals with the Internet and \n        personal computers, a digital revolution in fabrication will \n        allow anyone to make almost anything, anywhere.\n            (4) Fab labs like the Center for Bits and Atoms at the \n        Massachusetts Institute of Technology provide a model for a new \n        kind of national laboratory that links local facilities for \n        advanced manufacturing to expand access and empower \n        communities.\n            (5) A coordinated national public-private partnership will \n        be the most effective way to accelerate the provision of this \n        infrastructure for learning skills, developing inventions, \n        creating businesses, and producing personalized products.\n\nSEC. 3. ESTABLISHMENT OF NATIONAL FAB LAB NETWORK.\n\n    (a) Definitions.--In this section--\n            (1) the term ``fab lab'' means a facility--\n                    (A) equipped with an integrated suite of \n                fabrication tools to convert digital designs into \n                functional physical things and scanning tools to \n                convert physical things into digital designs; and\n                    (B) available for a range of individual and \n                collaborative educational, commercial, creative, and \n                social purposes, based on guidelines established by the \n                NFLN relating to sustainable operation; and\n            (2) the term ``NFLN'' means the National Fab Lab Network.\n    (b) Federal Charter.--The National Fab Lab Network is a federally \ncharted nonprofit corporation, which shall facilitate the creation of a \nnational network of local fab labs and serve as a resource to assist \nstakeholders with the effective operation of fab labs.\n    (c) Membership and Organization.--\n            (1) In general.--Eligibility for membership in the NFLN and \n        the rights and privileges of members shall be as provided in \n        the constitution and bylaws of the NFLN. The Board of \n        Directors, officers, and other employees of the NFLN, and their \n        powers and duties, shall be provided in the bylaws of the NFLN.\n            (2) Board of directors.--The Board of Directors of the NFLN \n        shall include--\n                    (A) the Director of the Fab Foundation;\n                    (B) members of the manufacturing sector and \n                entrepreneurial community; and\n                    (C) leaders in science, technology, engineering, \n                and mathematics education.\n            (3) Coordination.--When appropriate, the NFLN should work \n        with Manufacturing Extension Partnership Centers of the \n        National Institute of Standards and Technology, the Small \n        Business Administration, and other agencies of the Federal \n        Government to provide additional resources to fab lab users.\n    (d) Functions.--The NFLN shall--\n            (1) serve as the coordinating body for the creation of a \n        national network of local fab labs in the United States;\n            (2) provide a first point of contact for organizations and \n        communities seeking to create fab labs, providing information, \n        assessing suitability, advising on the lab lifecycle, and \n        maintaining descriptions of prospective and operating sites;\n            (3) link funders and sites with operational entities that \n        can source and install fab labs, provide training, assist with \n        operations, account for spending, and assess impact;\n            (4) perform outreach for individuals and communities on the \n        benefits available through the NFLN;\n            (5) facilitate use of the NFLN in synergistic programs, \n        such as workforce training, job creation, research broader \n        impacts, and the production of civic infrastructure; and\n            (6) offer transparency in the management, governance, and \n        operation of the NFLN.\n    (e) Purposes.--In carrying out its functions, the NFLN's purposes \nand goals shall be to--\n            (1) create a national network of connected local fab labs \n        to empower individuals and communities in the United States; \n        and\n            (2) foster the use of distributed digital fabrication tools \n        to promote science, technology, engineering and math skills, \n        increase invention and innovation, create businesses and jobs, \n        and fulfill needs.\n    (f) Funding.--The NFLN may accept gifts from private individuals, \ncorporations, government agencies, or other organizations.","title":""}
+{"_id":"c308","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Hurricane Research \nInitiative Act of 2006''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) Director.--The term ``Director'' means the Director of \n        the National Science Foundation.\n            (2) Under secretary.--The term ``Under Secretary'' means \n        the Under Secretary for Oceans and Atmosphere of the Department \n        of Commerce.\n\nSEC. 3. NATIONAL HURRICANE RESEARCH INITIATIVE.\n\n    (a) Requirement to Establish.--The Under Secretary and the Director \nshall establish an initiative known as the National Hurricane Research \nInitiative for the purposes described in subsection (b).\n    (b) Purposes.--The purposes of the National Hurricane Research \nInitiative shall be to set research objectives based on the findings of \nthe September 29, 2006, National Science Board report entitled \n``Hurricane Warning: The Critical Need for National Hurricane \nInitiative''--\n            (1) to make recommendations to the National Science Board \n        based on such research;\n            (2) to assemble the expertise of the science and \n        engineering capabilities of the United States through a multi-\n        agency effort that is focused on--\n                    (A) improving a better understanding of hurricane \n                prediction, intensity, and mitigation on coastal \n                populations;\n                    (B) infrastructure; and\n                    (C) the natural environment; and\n            (3) to make grants to eligible entities to carry out \n        research in the following areas:\n                    (A) Predicting hurricane intensification.--Research \n                to improve understanding of--\n                            (i) rapid intensity change in storms, \n                        relationships among storm size, motion and \n                        intensity;\n                            (ii) the internal dynamics of hurricanes; \n                        and\n                            (iii) the manner in which hurricanes \n                        interact with the environment.\n                    (B) Understanding air-sea interactions.--Research \n                to improve understanding of theories of air-sea \n                interaction that are common to the strong wind and high \n                wave conditions associated with hurricanes, and cases \n                in which the air-sea interface beneath hurricanes \n                vanishes and is replaced by an emulsion, including \n                theoretical theories, observational theories, and \n                modeling.\n                    (C) Predicting storm surge, rainfall, and inland \n                flooding from hurricanes and tropical storms.--Research \n                to understand and model rainfall and flooding from \n                hurricanes, including probabilistic modeling and \n                mapping of storm surge risk.\n                    (D) Hurricane modification.--Basic research for \n                modifying hurricanes to reduce the intensity or alter \n                the movement of hurricanes by human intervention, \n                including research to improve understanding of the \n                potential effects of hurricane modification on \n                precipitation and fresh water supply, as well as on \n                climate.\n                    (E) Improved observation of hurricanes and tropical \n                storms.--Research to improve hurricane and tropical \n                storm observation through mobile radars, Global \n                Positioning System technology, unmanned aerial \n                vehicles, and ground-based and aerial wireless sensors \n                to improve understanding of the complex nature of \n                storms.\n                    (F) Assessing vulnerable infrastructure.--Research \n                to develop a national engineering assessment of coastal \n                infrastructure, including infrastructure related to \n                levees, seawalls, drainage systems, bridges, water and \n                sewage utilities, power, and communications, to \n                determine the level of vulnerability of such \n                infrastructure to damage from a hurricane.\n                    (G) Interaction of hurricanes with engineered \n                structures.--Research to improve understanding of the \n                impacts of hurricanes and tropical storms on buildings, \n                structures, and housing combined with modeling \n                essential for guiding the creation of improved building \n                designs and construction codes in locations \n                particularly vulnerable to hurricanes.\n                    (H) Relationship between hurricanes, climate, and \n                natural ecosystems.--Research to improve the \n                understanding of the complex relationships between \n                hurricanes and climate, including research to determine \n                the most effective methods to use observational \n                information to examine the impacts on ecosystems over \n                long- and short-periods of time.\n                    (I) Technologies for disaster response and \n                recovery.--Research to improve emergency communication \n                networks for government agencies and non-government \n                entities and to improve communications between such \n                networks during disaster response and recovery, \n                including cyber-security during disaster situations and \n                the ability to improve damage assessments during \n                storms.\n                    (J) Evacuation planning.--Research to improve the \n                manner in which hurricane-related information is \n                provided to, and utilized by, the public and government \n                officials, including research to assist officials of \n                State or local government in determining the \n                circumstances in which evacuations are required and in \n                carrying out such evacuations.\n                    (K) Computational capability.--Research to improve \n                understanding of the efficient utility of multiple \n                models requiring sharing and inter-operability of \n                databases, computing environments, networks, \n                visualization tools, and analytic systems beyond what \n                is currently available for transitioning hurricane \n                research assets into operational practice and to \n                provide access to robust computational facilities \n                beyond the facilities normally accessible by the \n                civilian research community for the hurricane research \n                enterprise, including data acquisition and modeling \n                capability during hurricane events.\n    (c) Cooperation With Other Agencies.--The Under Secretary and the \nDirector shall cooperate with the head of each appropriate Federal \nagency or department, research institute, university, and disaster-\nresponse or nongovernmental organization to utilize the expertise and \ncapabilities of such entity to carry out the purposes of the National \nHurricane Research Initiative, including cooperation with the heads of \nthe following entities:\n            (1) The National Aeronautics and Space Administration.\n            (2) The National Institute of Standards and Technology.\n            (3) The Department of Homeland Security, including the \n        Federal Emergency Management Agency.\n            (4) The Department of Energy.\n            (5) The Defense Advanced Research Project Agency.\n            (6) The Environmental Protection Agency.\n            (7) The United States Geological Survey.\n            (8) The U.S. Army Corps of Engineers.\n    (d) Coordination.--The White House Office of Science and Technology \nPolicy, through the National Science and Technology Council, shall \ncoordinate the activities carried out by the United States related to \nthe National Hurricane Research Initiative as a formal program with a \nwell defined organizational structure and execution plan.\n    (e) Grants.--\n            (1) Authority.--The Under Secretary and the Director may \n        award grants to appropriate government agencies or departments \n        or nongovernmental entities to carry out the purposes described \n        in subsection (b).\n            (2) Best practices.--The Under Secretary and the Director \n        shall develop and make available to the public a description of \n        best practices to be used to carry out a project with a grant \n        awarded under this subsection.\n    (f) Research Seminars and Forums.--The Under Secretary and the \nDirector shall carry out a series of national seminars and forums that \nassemble a broad collection of scientific disciplines to direct \nresearchers to work collaboratively to carry out the purposes described \nin subsection (b).\n    (g) Authorization of Appropriations.--There is authorized to be \nappropriated $285,000,000 for each of the fiscal years 2008 through \n2018 to carry out this section.\n\nSEC. 4. NATIONAL INFRASTRUCTURE DATABASE.\n\n    (a) Requirement to Establish.--The Under Secretary and the Director \nshall establish a National Infrastructure Database for the purposes \nof--\n            (1) cataloging and characterizing the physical, social, and \n        natural infrastructure in order to provide a baseline for \n        developing standards, measuring modification, and determining \n        loss;\n            (2) providing information to Federal, State, and local \n        government officials to improve information public policy \n        related to hurricanes and tropical storms; and\n            (3) providing data to researchers to improve their ability \n        to measure hurricane impacts, separate such impacts from other \n        effects, both natural and anthropogenic, make effective \n        recommendations for improved building codes and urban planning \n        practices, and develop effective procedures for responding to \n        infrastructure disruption.\n    (b) Database Requirements.--The National Infrastructure Database \nshall be a virtual, cyber environment that uses existing capabilities \nand facilities, and establishes new capabilities and facilities, as \nappropriate, to provide an interoperable environment and the necessary \nmetadata and other resources needed by users of that Database.\n    (c) Authorization of Appropriations.--There is authorized to be \nappropriated $20,000,000 for each of the fiscal years 2008 through 2018 \nto carry out this section.\n\nSEC. 5. NATIONAL HURRICANE RESEARCH MODEL.\n\n    (a) Requirement to Establish.--The Under Secretary and the Director \nshall develop a National Hurricane Research Model to conduct \nintegrative research and to facilitate the transfer of research \nknowledge to operational applications, including linking relevant \ntheoretical, physical, and computational models from atmospheric, \noceanic, economic, sociological, engineered infrastructure, and \necologic fields, conducting experimental research to understand the \nextensive complexities of hurricanes, and obtaining measurable results \nin a comprehensive framework suitable for testing end-to-end \nintegrative systems.\n    (b) System Requirements.--The National Hurricane Research Model \nshall be a physically distributed and highly coordinated working \nenvironment in which research from the National Hurricane Research can \nbe experimentally substantiated using suitable quantitative metrics, \nand where a culture of interaction and collaboration can further be \npromoted, including in the areas of--\n            (1) facilities and cyberinfrastructure;\n            (2) software integration; and\n            (3) fixed mobile data collection platforms and data \n        provisioning systems.\n    (c) Authorization of Appropriations.--There is authorized to be \nappropriated $130,000,000 for each of the fiscal years 2008 through \n2018 to carry out this section.","title":""}
+{"_id":"c309","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Materials Corridor \nPartnership Act of 1999''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) the region adjacent to the 2,000-mile border between \n        the United States and Mexico is an important region for energy-\n        intensive manufacturing and materials industries critical to \n        the economic and social wellbeing of both countries;\n            (2) there are currently more than 800 multinational firms \n        (including firms known as ``maquiladoras'') representing United \n        States investments of more than $1,000,000,000 in the San \n        Diego, California, and Tijuana, Baja California, border region \n        and in the El Paso, Texas, and Juarez, Chihuahua, border \n        region;\n            (3) materials and materials-related industries comprise a \n        major portion of the industries operating on both sides of the \n        border, amounting to more than $6,800,000,000 in annual \n        commerce on the Mexican side alone;\n            (4) there are a significant number of major institutions in \n        the border States of both countries currently conducting \n        academic and research activities in materials;\n            (5)(A) the United States Government currently invests \n        approximately $1,000,000,000 annually in materials research, of \n        which, in 1996, the Department of Energy funded the largest \n        proportion of civilian materials research; and\n            (B) there are also major materials programs at the National \n        Science Foundation, the National Institute of Standards and \n        Technology, and Department of Defense, among other entities;\n            (6) the United States and Mexico have invested heavily in \n        domestic and binational cooperative programs to address major \n        concerns for the natural resources, environment, and public \n        health of the United States-Mexico border region, expending \n        hundreds of millions of dollars annually in those efforts;\n            (7)(A) scientific and technical advances in materials and \n        materials processing provide major opportunities for--\n                    (i) significantly improving energy efficiency;\n                    (ii) reducing emissions of global climate change \n                gases;\n                    (iii) using recycled natural resources as primary \n                materials for industrial production; and\n                    (iv) minimizing industrial wastes and pollution; \n                and\n            (B) such advances will directly benefit both sides of the \n        United States-Mexico border by encouraging energy efficient, \n        environmentally sound economic development that protects the \n        health and natural resources of the border region;\n            (8)(A) promoting clean materials industries in the border \n        region that are energy efficient has been identified as a high \n        priority issue by the United States-Mexico Foundation for \n        Science Cooperation; and\n            (B) at the 1998 discussions of the United States-Mexico \n        Binational Commission, Mexico formally proposed joint funding \n        of a ``Materials Corridor Partnership Initiative'', proposing \n        $1,000,000 to implement the Initiative if matched by the United \n        States;\n            (9) recognizing the importance of materials and materials \n        processing, academic and research institutions in the border \n        States of both the United States and Mexico, in conjunction \n        with private sector partners of both countries, and with strong \n        endorsement from the Government of Mexico, in 1998 organized \n        the Materials Corridor Council to implement a cooperative \n        program of materials research and development, education and \n        training, and sustainable industrial development as part of the \n        Materials Corridor Partnership Initiative; and\n            (10) successful implementation of the Materials Corridor \n        Partnership Initiative would advance important United States \n        energy, environmental, and economic goals not only in the \n        United States-Mexico border region but also as a model for \n        similar collaborative materials initiatives in other regions of \n        the world.\n\nSEC. 3. PURPOSE.\n\n    The purpose of this Act is to establish a multiagency program in \nsupport of the Materials Corridor Partnership Initiative referred to in \nsection 2(8) to promote energy efficient, environmentally sound \neconomic development along the United States-Mexico border through the \nresearch, development, and use of new materials technology.\n\nSEC. 4. DEFINITIONS.\n\n    In this Act:\n            (1) Program.--The term ``program'' means the program \n        established under section 5(a).\n            (2) Secretary.--The term ``Secretary'' means the Secretary \n        of Energy.\n\nSEC. 5. ESTABLISHMENT AND IMPLEMENTATION OF THE PROGRAM.\n\n    (a) Establishment.--\n            (1) In general.--The Secretary shall establish a \n        comprehensive program to promote energy efficient, \n        environmentally sound economic development along the United \n        States-Mexico border through the research, development, and use \n        of new materials technology.\n            (2) Considerations.--In developing the program, the \n        Secretary shall give due consideration to the proposal made to \n        the United States-Mexico Binational Commission for the \n        Materials Corridor Partnership Initiative.\n    (b) Participation of Other Federal Agencies.--The Secretary shall \norganize and conduct the program jointly with--\n            (1) the Department of State;\n            (2) the Environmental Protection Agency;\n            (3) the National Science Foundation;\n            (4) the National Institute of Standards and Technology; and\n            (5) any other departments or agencies the participation of \n        which the Secretary considers appropriate.\n    (c) Participation of the Private Sector.--When appropriate, funds \nmade available under this Act shall be made available for research and \ndevelopment or education and training activities that are conducted \nwith the participation and support of private sector organizations \nlocated in the United States and, subject to section 7(c)(2), Mexico, \nto promote and accelerate in the United States-Mexico border region the \nuse of energy efficient, environmentally sound technologies and other \nadvances resulting from the program.\n    (d) Mexican Resource Contributions.--The Secretary shall--\n            (1) encourage public, private, nonprofit, and academic \n        organizations located in Mexico to contribute significant \n        financial and other resources to the program; and\n            (2) take any such contributions into account in conducting \n        the program.\n    (e) Transfer of Technology From National Laboratories.--In \nconducting the program, the Secretary shall emphasize the transfer and \nuse of materials technology developed by the national laboratories of \nthe Department of Energy before the date of enactment of this Act.\n\nSEC. 6. ACTIVITIES AND MAJOR PROGRAM ELEMENTS.\n\n    (a) Activities.--Funds made available under this Act shall be made \navailable for research and development and education and training \nactivities that are primarily focused on materials, and the synthesis, \nprocessing, and fabrication of materials, that promote--\n            (1) improvement of energy efficiency;\n            (2) elimination or minimization of emissions of global \n        climate change gases and contaminants;\n            (3) minimization of industrial wastes and pollutants; and\n            (4) use of recycled resources as primary materials for \n        industrial production.\n    (b) Major Program Elements.--\n            (1) In general.--The program shall have the following major \n        elements:\n                    (A) Applied research, focused on maturing and \n                refining materials technologies to demonstrate the \n                feasibility or utility of the materials technologies.\n                    (B) Basic research, focused on the discovery of new \n                knowledge that may eventually prove useful in creating \n                materials technologies to promote energy efficient, \n                environmentally sound manufacturing.\n                    (C) Education and training, focused on educating \n                and training scientists, engineers, and workers in the \n                border region in energy efficient, environmentally \n                sound materials technologies.\n            (2) Applied research.--Applied research projects under \n        paragraph (1)(A) should typically involve significant \n        participation from private sector organizations that would use \n        or sell such a technology.\n            (3) Basic research.--Basic research projects conducted \n        under paragraph (1)(B) should typically be led by an academic \n        or other research institution.\n\nSEC. 7. PARTICIPATION OF DEPARTMENTS AND AGENCIES OTHER THAN THE \n              DEPARTMENT OF ENERGY.\n\n    (a) Agreement.--Not later than 120 days after the date of enactment \nof this Act, the Secretary shall enter into an agreement with the \ndepartments and agencies referred to in section 5(b) on the \ncoordination and implementation of the program.\n    (b) Actions of Departments and Agencies.--Any action of a \ndepartment or agency under an agreement under subsection (a) shall be \nthe responsibility of that department or agency and shall not be \nsubject to approval by the Secretary.\n    (c) Use of Funds.--\n            (1) In general.--The Secretary and the departments and \n        agencies referred to in section 5(b) may use funds made \n        available for the program for research and development or \n        education and training activities carried out by--\n                    (A) State and local governments and academic, \n                nonprofit, and private organizations located in the \n                United States; and\n                    (B) State and local governments and academic, \n                nonprofit, and private organizations located in Mexico.\n            (2) Condition.--Funds may be made available to a State or \n        local government or organization located in Mexico only if a \n        government or organization located in Mexico (which need not be \n        the recipient of the funds) contributes a significant amount of \n        financial or other resources to the project to be funded.\n    (d) Transfer of Funds.--The Secretary may transfer funds to the \ndepartments and agencies referred to in section 5(b) to carry out the \nresponsibilities of the departments and agencies under this Act.\n\nSEC. 8. PROGRAM ADVISORY COMMITTEE.\n\n    (a) Establishment.--\n            (1) In general.--The Secretary shall establish an advisory \n        committee consisting of representatives of the private, \n        academic, and public sectors.\n            (2) Considerations.--In establishing the advisory \n        committee, the Secretary shall take into consideration \n        organizations in existence on the date of enactment of this \n        Act, such as the Materials Corridor Council and the Business \n        Council for Sustainable Development-Gulf Mexico.\n    (b) Consultation and Coordination.--Departments and agencies of the \nUnited States to which funds are made available under this Act shall \nconsult and coordinate with the advisory committee in identifying and \nimplementing the appropriate types of projects to be funded under this \nAct.\n\nSEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE.\n\n    (a) In General.--Federal departments and agencies participating in \nthe program may provide financial and technical assistance to other \norganizations to achieve the purpose of the program.\n    (b) Applied Research.--\n            (1) Use of cooperative agreements.--\n                    (A) In general.--Federal departments and agencies \n                shall, to the extent practicable, use cooperative \n                agreements to fund applied research activities by \n                organizations outside the Federal Government.\n                    (B) National laboratories.--In the case of an \n                applied research activity conducted by a national \n                laboratory, a funding method other than a cooperative \n                agreement may be used if such a funding method would be \n                more administratively convenient.\n            (2) Federal share.--\n                    (A) In general.--The Federal Government shall pay \n                not more than 50 percent of the cost of applied \n                research activities under the program.\n                    (B) Qualified funding and resources.--No funds or \n                other resources expended either before the start of a \n                project under the program or outside the scope of work \n                covered by the funding method determined under \n                paragraph (1) shall be credited toward the non-Federal \n                share of the cost of the project.\n    (c) Basic Research and Education and Training.--\n            (1) In general.--Federal departments and agencies shall, to \n        the extent practicable, use grants to fund basic research and \n        education and training activities by organizations outside the \n        Federal Government.\n            (2) National laboratories.--In the case of a basic research \n        or education activity conducted by a national laboratory, a \n        funding method other than a grant may be used if such a funding \n        method would be more administratively convenient.\n            (3) Federal share.--The Federal Government may fund 100 \n        percent of the cost of the basic research and education and \n        training activities of the program.\n    (d) Competitive Selection.--All projects funded under the program \nshall be competitively selected using such selection criteria as the \nSecretary, in consultation with the departments and agencies referred \nto in section 5(b), determines to be appropriate.\n    (e) Accounting Standards.--\n            (1) Waiver.--To facilitate participation in the program, \n        Federal departments and agencies may waive any requirements for \n        Government accounting standards by organizations that have not \n        established such standards.\n            (2) GAAP.--Generally accepted accounting principles shall \n        be sufficient for projects under the program.\n    (f) No Construction.--No program funds may be used for \nconstruction.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n    There is authorized to be appropriated to carry out this Act \n$5,000,000 for each of fiscal years 2000 through 2004.","title":""}
+{"_id":"c31","text":"SECTION 1. FINDINGS.\n\n    Congress finds the following:\n            (1) The volume of crude oil transported by rail has \n        significantly increased from--\n                    (A) 21,000 barrels a day in 2009 to 1.1 million \n                barrels a day in 2014; and\n                    (B) 9,500 rail-carloads in 2008 to 415,000 rail-\n                carloads in 2013.\n            (2) At any given time, more than 2.5 million gallons of \n        crude oil is being transported across the country to refineries \n        totaling a distance of more than 1,000 miles.\n            (3) More oil was spilled in 2013 from freight traffic than \n        in the previous 4 decades combined.\n            (4) Increased spills result in catastrophes that have \n        significantly and adversely impacted the following communities:\n                    (A) Minnesota, in March 2013, when 30,000 gallons \n                of crude oil spilled because of derailed cars.\n                    (B) Lac-Meegantic, Canada, in July 2013, when 1.6 \n                million gallons of crude oil spilled, igniting a fire \n                and exploding, killing 47 people and forcing 2,000 \n                people from their homes.\n                    (C) North Dakota, in December 2013, when 400,000 \n                million gallons of crude oil spilled, igniting a fire \n                and forcing 65 percent of residents from their homes.\n                    (D) Virginia, in March 2014, when thousands of \n                gallons of oil spilled, contaminating the James River \n                and requiring the evacuation of 78,000 people in the \n                downtown of the city.\n                    (E) West Virginia, in February 2015, when 26 cars \n                containing oil that exceeded volatility standards for \n                transport derailed, igniting fires and explosions, \n                threatening the water supply, and forcing hundreds of \n                people from their homes.\n            (5) Hazardous materials must be properly classified for \n        transportation, according to requirements from the Pipeline and \n        Hazardous Materials Safety Administration (PHMSA).\n            (6) Crude oil is categorized as a Class 3 flammable liquid \n        in either Packing Group (PG) I or II.\n            (7) Due to serious mislabeling practices, the Department of \n        Transportation's Emergency Order (Docket No. DOT-OST-2014-0025) \n        from February 2014 has forbidden the labeling of crude oil as \n        PG III for transport and handling until further notice; \n        shipments must be labeled as either PG I (most serious hazard) \n        or PG II (moderate hazard) for proper handling and transport of \n        crude oil.\n            (8) PHMSA has found that crude oil from the Bakken region \n        (in North Dakota, Montana, and Canada) is ``more volatile than \n        most other types of crude,'' and subsequently, more flammable.\n            (9) The samples that PHMSA tested from the Bakken region \n        ``displayed characteristics consistent with those of a Class 3 \n        flammable liquid, PG I or II, with a predominance to PG I, the \n        most dangerous class of Class 3 flammable liquids''.\n            (10) The oil industry group North Dakota Petroleum Council \n        has recommended that Bakken crude oil be labeled as PG I \n        hazardous materials for transportation.\n            (11) Oil from the Bakken region accounts for about 12 \n        percent of total domestic production.\n            (12) The National Transportation Safety Board (NTSB) has \n        expressed concern ``that major loss of life, property damage \n        and environmental consequences can occur when large volumes of \n        crude oil or other flammable liquids are transported on a \n        single train involved in an accident''.\n            (13) The NTSB has recommended that routes transporting \n        hazardous materials present the fewest overall safety and \n        security risks by avoiding populated areas.\n\nSEC. 2. STUDY ON IMPACT OF DIVERTING CERTAIN FREIGHT RAIL TO AVOID \n              URBAN AREAS.\n\n    (a) In General.--Not later than 3 months after the date of \nenactment of this Act, the Secretary of Transportation shall make \nappropriate arrangements with the Transportation Research Board of the \nNational Academies under which the Board shall conduct a study on the \ncost and impact of rerouting freight rail traffic containing hazardous \nmaterial to avoid transportation of such hazardous material through \nurban areas.\n    (b) Contents of Study.--The study described under subsection (a) \nshall include--\n            (1) the benefits of rerouting freight rail traffic \n        containing hazardous material to alternate railroad routes that \n        avoid urban areas, including benefits to the health and safety \n        of the individuals living in such urban areas;\n            (2) the benefits of construction of alternative railroad \n        routes that avoid urban areas for transportation of freight \n        rail containing hazardous material;\n            (3) the logistical feasibility of the actions described in \n        paragraphs (1) and (2); and\n            (4) the costs of taking the actions described in paragraphs \n        (1) and (2).\n    (c) Report.--In entering into an arrangement under subsection (a), \nthe Secretary shall request that the Board transmit to Congress a \nreport on the results of the study not later than 21 months after the \ndate of enactment of this Act.\n    (d) Definitions.--\n            (1) Hazardous material.--The term ``hazardous material'' \n        has the meaning given such term in section 5102 of title 49, \n        United States Code.\n            (2) Urban area.--The term ``urban area'' means an urban \n        area, as designated by the Bureau of the Census, with a \n        population of greater than 30,000.\n    (e) Authorization of Appropriations.--There are authorized to be \nappropriated $850,000 to carry out this Act.","title":""}
+{"_id":"c310","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Neurological Diseases \nSurveillance System Act of 2010''.\n\nSEC. 2. NATIONAL NEUROLOGICAL DISEASES SURVEILLANCE SYSTEM.\n\n    Part P of title III of the Public Health Service Act (42 U.S.C. \n280g et seq.) is amended by adding at the end the following:\n\n``SEC. 399V-5 SURVEILLANCE OF NEUROLOGICAL DISEASES.\n\n    ``(a) In General.--The Secretary, acting through the Director of \nthe Centers for Disease Control and Prevention, shall--\n            ``(1) enhance and expand infrastructure and activities to \n        track the epidemiology of neurological diseases, including \n        multiple sclerosis and Parkinson's disease; and\n            ``(2) incorporate information obtained through such \n        activities into a statistically-sound, scientifically-credible, \n        integrated surveillance system, to be known as the National \n        Neurological Diseases Surveillance System.\n    ``(b) Research.--The Secretary shall ensure that the National \nNeurological Diseases Surveillance System is designed in a manner that \nfacilitates further research on neurological diseases.\n    ``(c) Content.--In carrying out subsection (a), the Secretary--\n            ``(1) shall provide for the collection and storage of \n        information on the incidence and prevalence of neurological \n        diseases in the United States;\n            ``(2) to the extent practicable, shall provide for the \n        collection and storage of other available information on \n        neurological diseases, such as information concerning--\n                    ``(A) demographics and other information associated \n                or possibly associated with neurological diseases, such \n                as age, race, ethnicity, sex, geographic location, and \n                family history;\n                    ``(B) risk factors associated or possibly \n                associated with neurological diseases, including \n                genetic and environmental risk factors; and\n                    ``(C) diagnosis and progression markers;\n            ``(3) may provide for the collection and storage of \n        information relevant to analysis on neurological diseases, such \n        as information concerning--\n                    ``(A) the epidemiology of the diseases;\n                    ``(B) the natural history of the diseases;\n                    ``(C) the prevention of the diseases;\n                    ``(D) the detection, management, and treatment \n                approaches for the diseases; and\n                    ``(E) the development of outcomes measures; and\n            ``(4) may address issues identified during the consultation \n        process under subsection (d).\n    ``(d) Consultation.--In carrying out this section, the Secretary \nshall consult with individuals with appropriate expertise, including--\n            ``(1) epidemiologists with experience in disease \n        surveillance or registries;\n            ``(2) representatives of national voluntary health \n        associations that--\n                    ``(A) focus on neurological diseases, including \n                multiple sclerosis and Parkinson's disease; and\n                    ``(B) have demonstrated experience in research, \n                care, or patient services;\n            ``(3) health information technology experts or other \n        information management specialists;\n            ``(4) clinicians with expertise in neurological diseases; \n        and\n            ``(5) research scientists with experience conducting \n        translational research or utilizing surveillance systems for \n        scientific research purposes.\n    ``(e) Grants.--The Secretary may award grants to, or enter into \ncontracts or cooperative agreements with, public or private nonprofit \nentities to carry out activities under this section.\n    ``(f) Coordination With Other Federal Agencies.--Subject to \nsubsection (h), the Secretary shall make information and analysis in \nthe National Neurological Diseases Surveillance System available, as \nappropriate, to Federal departments and agencies, such as the National \nInstitutes of Health, the Food and Drug Administration, the Centers for \nMedicare & Medicaid Services, the Agency for Healthcare Research and \nQuality, the Department of Veterans Affairs, and the Department of \nDefense.\n    ``(g) Public Access.--Subject to subsection (h), the Secretary \nshall make information and analysis in the National Neurological \nDiseases Surveillance System available, as appropriate, to the public, \nincluding researchers.\n    ``(h) Privacy.--The Secretary shall ensure that privacy and \nsecurity protections applicable to the National Neurological Diseases \nSurveillance System are at least as stringent as the privacy and \nsecurity protections under HIPAA privacy and security law (as defined \nin section 3009(a)(2)).\n    ``(i) Report.--Not later than 4 years after the date of the \nenactment of this section, the Secretary shall submit a report to the \nCongress concerning the implementation of this section. Such report \nshall include information on--\n            ``(1) the development and maintenance of the National \n        Neurological Diseases Surveillance System;\n            ``(2) the type of information collected and stored in the \n        System;\n            ``(3) the use and availability of such information, \n        including guidelines for such use; and\n            ``(4) the use and coordination of databases that collect or \n        maintain information on neurological diseases.\n    ``(j) Definition.--In this section, the term `national voluntary \nhealth association' means a national nonprofit organization with \nchapters, other affiliated organizations, or networks in States \nthroughout the United States.\n    ``(k) Authorization of Appropriations.--To carry out this section, \nthere is authorized to be appropriated $5,000,000 for each of fiscal \nyears 2012 through 2016.''.\n\n            Passed the House of Representatives September 28, 2010.\n\n            Attest:\n\n                                            LORRAINE C. MILLER,\n\n                                                                 Clerk.","title":""}
+{"_id":"c311","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Parks Capital Improvements \nAct of 1996''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) Fundraising organization.--The term ``fundraising \n        organization'' means an entity authorized to act as a \n        fundraising organization under section 3(a).\n            (2) National park foundation.--The term ``National Park \n        Foundation'' means the foundation established under the Act \n        entitled ``An Act to establish the National Park Foundation'', \n        approved December 18, 1967 (16 U.S.C. 19e et seq.).\n            (3) Park.--The term ``park'' means--\n                    (A) the Grand Canyon National Park; and\n                    (B) any other national park designated by the \n                Secretary that has an approved general management plan \n                with capital needs in excess of $5,000,000.\n            (4) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n\nSEC. 3. FUNDRAISING ORGANIZATION.\n\n    (a) In General.--The Secretary may enter into a memorandum of \nagreement under section 4 with an entity to act as an authorized \nfundraising organization for the benefit of the park.\n    (b) Bonds.--The fundraising organization shall issue taxable bonds \nin return for the park surcharge collected under section 5.\n    (c) Professional Standards.--The fundraising organization shall \nabide by all relevant professional standards regarding the issuance of \nsecurities and shall comply with all Federal and State law.\n    (d) Audit.--The fundraising organization shall be subject to an \naudit by the Secretary.\n    (e) No Liability For Bonds.--The United States shall not be liable \nfor the security of any bonds issued by the fundraising organization, \nexcept that if the surcharge specified in section 5(a) is not imposed \nfor any reason or if such surcharge is reduced or eliminated, the full \nfaith and credit of the United States is pledged to the payment of such \nbonds and the interest accruing on such bonds.\n\nSEC. 4. MEMORANDUM OF AGREEMENT.\n\n    The fundraising organization shall enter into a memorandum of \nagreement that specifies--\n            (1) the amount of the bond issue;\n            (2) the maturity of the bonds, not to exceed 20 years;\n            (3) the per capita amount required to amortize the bond \n        issue, provide for the reasonable costs of administration, and \n        maintain a sufficient reserve consistent with industry \n        standards;\n            (4) any project that will be funded with the bond proceeds \n        and the specific responsibilities of the Secretary and the \n        fundraising organization with respect to the project; and\n            (5) procedures for modifications of the agreement with the \n        consent of both parties, including modifications relating to \n        project priorities, based on changes in circumstances.\n\nSEC. 5. PARK SURCHARGE.\n\n    (a) In General.--Notwithstanding any other provision of law, the \nSecretary of the Interior may authorize the Superintendent of the park \nto charge and collect, in addition to the entrance fee collected \npursuant to section 4 of the Land and Water Conservation Fund Act of \n1965 (16 U.S.C. 460l-6a), a surcharge in an amount not to exceed $2 for \neach individual charged the entrance fee.\n    (b) Use.--The surcharge shall be used by the fundraising \norganization to amortize the bond issue, provide for the reasonable \ncosts of administration, and maintain a sufficient reserve consistent \nwith industry standards.\n    (c) Excess Funds.--Any funds collected in excess of the amount \nnecessary to amortize the bond issue, pay reasonable administrative \nexpenses, and maintain a sufficient reserve, as determined by the bond \nunderwriter, shall be remitted to the National Park Foundation to be \nused for the benefit of all units of the National Park System.\n\nSEC. 6. USE OF BOND PROCEEDS.\n\n    (a) Eligible Projects.--\n            (1) In general.--Subject to paragraph (2), bond proceeds \n        under this Act may be used for a project for the design, \n        construction, operation, maintenance, repair, or replacement of \n        a facility in the park. No part of such proceeds (other than \n        interest as provided in subsection (b)) may be used to defray \n        administrative expenses.\n            (2) Limitation.--A project referred to in paragraph (2) \n        shall be consistent with--\n                    (A) the laws governing the National Park System;\n                    (B) any law governing the park; and\n                    (C) the general management plan for the park.\n    (b) Interest on Bond Proceeds.--(1) Any interest earned on bond \nproceeds may be used by the fundraising organization to--\n            (A) meet reserve requirements; and\n            (B) defray administrative expenses incurred in connection \n        with the management and sale of the bonds.\n    (2) All interest on bond proceeds not used for purposes of \nparagraph (1) shall be remitted to the National Park Foundation for the \nbenefit of all units of the National Park System.\n\nSEC. 7. ADMINISTRATION.\n\n    The Secretary, in consultation with the Secretary of Treasury, \nshall issue regulations to carry out this Act.","title":""}
+{"_id":"c312","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Purple Heart Hall of Honor \nCommemorative Coin Act''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) The National Purple Heart Hall of Honor's mission is--\n                    (A) to commemorate the extraordinary sacrifice of \n                America's servicemen and servicewomen who were killed \n                or wounded in combat; and\n                    (B) to collect and preserve the stories of National \n                Purple Heart recipients from all branches of service \n                and across generations to ensure that all recipients \n                are represented.\n            (2) The National Purple Heart Hall of Honor first opened \n        its doors on November 10, 2006, in New Windsor, NY.\n            (3) The National Purple Heart Hall of Honor is located at \n        the New Windsor Cantonment State Historic Site, where General \n        George Washington's Army camped during the Revolutionary War \n        and where he first awarded the Badge of Military Merit, a piece \n        of purple cloth that became the model for the Purple Heart.\n            (4) The National Purple Heart Hall of Honor is the first to \n        recognize the more than 1.7 million U.S. servicemembers wounded \n        or killed in action ranging from the American Revolutionary War \n        to the present day, serving as a living memorial to their \n        sacrifice by sharing their stories through interviews, exhibits \n        and the Roll of Honor, an interactive computer database of each \n        recipient.\n\nSEC. 3. COIN SPECIFICATIONS.\n\n    (a) Denominations.--The Secretary of the Treasury (hereafter in \nthis Act referred to as the ``Secretary'') shall mint and issue the \nfollowing coins:\n            (1) $5 gold coins.--Not more than 50,000 $5 coins, which \n        shall--\n                    (A) weigh 8.359 grams;\n                    (B) have a diameter of 0.850 inches; and\n                    (C) contain 90 percent gold and 10 percent alloy.\n            (2) $1 silver coins.--Not more than 400,000 $1 coins, which \n        shall--\n                    (A) weigh 26.73 grams;\n                    (B) have a diameter of 1.500 inches; and\n                    (C) contain 90 percent silver and 10 percent \n                copper.\n            (3) Half-dollar clad coins.--Not more than 750,000 half-\n        dollar coins which shall--\n                    (A) weigh 11.34 grams;\n                    (B) have a diameter of 1.205 inches; and\n                    (C) be minted to the specifications for half-dollar \n                coins contained in section 5112(b) of title 31, United \n                States Code.\n    (b) Legal Tender.--The coins minted under this Act shall be legal \ntender, as provided in section 5103 of title 31, United States Code.\n    (c) Numismatic Items.--For purposes of section 5134 of title 31, \nUnited States Code, all coins minted under this Act shall be considered \nto be numismatic items.\n\nSEC. 4. DESIGN OF COINS.\n\n    (a) Design Requirements.--\n            (1) In general.--The design of the coins minted under this \n        Act shall be emblematic of the National Purple Heart Hall of \n        Honor.\n            (2) Designation and inscriptions.--On each coin minted \n        under this Act there shall be--\n                    (A) a designation of the value of the coin;\n                    (B) an inscription of the year ``2017''; and\n                    (C) inscriptions of the words ``Liberty'', ``In God \n                We Trust'', ``United States of America'', and ``E \n                Pluribus Unum''.\n    (b) Selection.--The design for the coins minted under this Act \nshall be--\n            (1) selected by the Secretary after consultation with the \n        Commission of Fine Arts and the National Purple Heart Hall of \n        Honor, Inc.; and\n            (2) reviewed by the Citizens Coinage Advisory Committee.\n\nSEC. 5. ISSUANCE OF COINS.\n\n    (a) Quality of Coins.--Coins minted under this Act shall be issued \nin uncirculated and proof qualities.\n    (b) Mint Facility.--Only the West Point Mint may be used to strike \nany particular quality of the coins minted under this Act.\n    (c) Period for Issuance.--The Secretary may issue coins minted \nunder this Act only during the 1-year period beginning on January 1, \n2017.\n\nSEC. 6. SALE OF COINS.\n\n    (a) Sale Price.--The coins issued under this Act shall be sold by \nthe Secretary at a price equal to the sum of--\n            (1) the face value of the coins;\n            (2) the surcharge provided in section 7(a) with respect to \n        such coins; and\n            (3) the cost of designing and issuing the coins (including \n        labor, materials, dies, use of machinery, overhead expenses, \n        marketing, and shipping).\n    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins \nissued under this Act at a reasonable discount.\n    (c) Prepaid Orders.--\n            (1) In general.--The Secretary shall accept prepaid orders \n        for the coins minted under this Act before the issuance of such \n        coins.\n            (2) Discount.--Sale prices with respect to prepaid orders \n        under paragraph (1) shall be at a reasonable discount.\n\nSEC. 7. SURCHARGES.\n\n    (a) In General.--All sales of coins issued under this Act shall \ninclude a surcharge of--\n            (1) $35 per coin for the $5 coin;\n            (2) $10 per coin for the $1 coin; and\n            (3) $5 per coin for the half-dollar coin.\n    (b) Distribution.--Subject to section 5134(f)(1) of title 31, \nUnited States Code, all surcharges received by the Secretary from the \nsale of coins issued under this Act shall be promptly paid by the \nSecretary to the National Purple Heart Hall of Honor, Inc., to help \nfinance the construction of a new building and renovation of existing \nNational Purple Heart Hall of Honor facilities.\n    (c) Audits.--The National Purple Heart Hall of Honor, Inc., shall \nbe subject to the audit requirements of section 5134(f)(2) of title 31, \nUnited States Code, with regard to the amounts received under \nsubsection (b).\n    (d) Limitation.--Notwithstanding subsection (a), no surcharge may \nbe included with respect to the issuance under this Act of any coin \nduring a calendar year if, as of the time of such issuance, the \nissuance of such coin would result in the number of commemorative coin \nprograms issued during such year to exceed the annual 2 commemorative \ncoin program issuance limitation under section 5112(m)(1) of title 31, \nUnited States Code (as in effect on the date of the enactment of this \nAct). The Secretary of the Treasury may issue guidance to carry out \nthis subsection.","title":""}
+{"_id":"c313","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Sea Grant College Program \nAmendments Act of 2008''.\n\nSEC. 2. REFERENCES\n\n    Except as otherwise expressly provided therein, whenever in this \nAct an amendment or repeal is expressed in terms of an amendment to, or \nrepeal of, a section or other provision, the reference shall be \nconsidered to be made to a section or other provision of the National \nSea Grant College Program Act (33 U.S.C. 1121 et seq.).\n\nSEC. 3. FINDINGS AND PURPOSE.\n\n    (a) Findings.--Section 202(a) (33 U.S.C. 1121(a)) is amended--\n            (1) by striking subparagraphs (D) and (E) of paragraph (1) \n        and inserting the following:\n                    ``(D) encourage the development of preparation, \n                forecast, analysis, mitigation, response, and recovery \n                systems for coastal hazards;\n                    ``(E) understand global environmental processes and \n                their impacts on ocean, coastal, and Great Lakes \n                resources; and'';\n            (2) by striking ``program of research, education,'' in \n        paragraph (2) and inserting ``program of integrated research, \n        education, extension,''; and\n            (3) by striking paragraph (6) and inserting the following:\n            ``(6) The National Oceanic and Atmospheric Administration, \n        through the national sea grant college program, offers the most \n        suitable locus and means for such commitment and engagement \n        through the promotion of activities that will result in greater \n        such understanding, assessment, development, management, and \n        conservation of ocean, coastal, and Great Lakes resources. The \n        most cost-effective way to promote such activities is through \n        continued and increased Federal support of the establishment, \n        development, and operation of programs and projects by sea \n        grant colleges, sea grant institutes, and other institutions, \n        including strong collaborations between Administration \n        scientists and research and outreach personnel at academic \n        institutions.''.\n    (b) Purpose.--Section 202(c) (33 U.S.C. 1121(c)) is amended by \nstriking ``to promote research, education, training, and advisory \nservice activities'' and inserting ``to promote integrated research, \neducation, training, and extension services and activities''.\n    (c) Terminology.--Subsections (a) and (b) of section 202 (15 U.S.C. \n1121(a) and (b)) are amended by striking ``utilization,'' each place it \nappears and inserting ``management,''.\n\nSEC. 4. DEFINITIONS.\n\n    Section 203 (33 U.S.C. 1122) is amended--\n            (1) in paragraph (4) by striking ``utilization,'' and \n        inserting ``management,'';\n            (2) in paragraph (11) by striking ``advisory services'' and \n        inserting ``extension services'';\n            (3) in each of paragraphs (12) and (13) by striking ``(33 \n        U.S.C. 1126)''; and\n            (4) by adding at the end the following:\n            ``(17) The term `regional research and information plan' \n        means a plan developed by one or more sea grant colleges or sea \n        grant institutes that identifies regional priorities.''.\n\nSEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.\n\n    (a) Program Elements.--Section 204(b) (33 U.S.C. 1123(b)) is \namended--\n            (1) by amending in paragraph (1) to read as follows:\n            ``(1) sea grant programs that comprise a national sea grant \n        college program network, including international projects \n        conducted within such programs and regional and national \n        projects conducted among such programs;'';\n            (2) by amending paragraph (2) to read as follows:\n            ``(2) administration of the national sea grant college \n        program and this title by the national sea grant office and the \n        Administration;''; and\n            (3) by amending paragraph (4) to read as follows:\n            ``(4) any regional or national strategic investments in \n        fields relating to ocean, coastal, and Great Lakes resources \n        developed in consultation with the Board and with the approval \n        of the sea grant colleges and the sea grant institutes.''.\n    (b) Technical Correction.--Section 204(c)(2) (33 U.S.C. 1123(c)(2)) \nis amended by striking ``Within 6 months of the date of enactment of \nthe National Sea Grant College Program Reauthorization Act of 1998, \nthe'' and inserting ``The''.\n    (c) Functions of Director of National Sea Grant College Program.--\nSection 204(d) (33 U.S.C. 1123(d)) is amended--\n            (1) in paragraph (2)(A), by striking ``long range'';\n            (2) in paragraph (3)(A)--\n                    (A) by striking ``(A)(i) evaluate'' and inserting \n                ``(A) evaluate and assess'';\n                    (B) by striking ``activities; and'' and inserting \n                ``activities;''; and\n                    (C) by striking clause (ii); and\n            (3) in paragraph (3)(B)--\n                    (A) by redesignating clauses (ii) through (iv) as \n                clauses (iii) through (v), respectively, and by \n                inserting after clause (i) the following:\n                            ``(ii) encourage collaborations among sea \n                        grant colleges and sea grant institutes to \n                        address regional and national priorities \n                        established under subsection (c)(1);''; and\n                    (B) in clause (iii) (as so redesignated) by \n                striking ``encourage'' and inserting ``ensure''.\n\nSEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS.\n\n    Section 205 (33 U.S.C. 1124) is amended--\n            (1) by striking ``States or regions.'' in subsection (a)(2) \n        and inserting ``States, regions, or the Nation.''; and\n            (2) by striking the matter following paragraph (3) in \n        subsection (b) and inserting the following:\n``The total amount that may be provided for grants under this \nsubsection and subsection 208(b) during any fiscal year shall not \nexceed an amount equal to 5 percent of the total funds appropriated for \nsuch year under section 212.''.\n\nSEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA GRANT \n              INSTITUTES.\n\n    Section 207(a) (33 U.S.C. 1126(a)) is amended in each of paragraphs \n(2)(B) and (3)(B) by striking ``advisory services'' and inserting \n``extension services''.\n\nSEC. 8. FELLOWSHIPS.\n\n    Section 208(a) (33 U.S.C. 1127) is amended--\n            (1) by striking ``Not later than 1 year after the date of \n        the enactment of the National Sea Grant College Program Act \n        Amendments of 2002, and every 2 years thereafter,'' in \n        subsection (a) and inserting ``Every 2 years,''; and\n            (2) by striking ``year.'' in subsection (b) and inserting \n        ``year and is not subject to Federal cost share requirements''.\n\nSEC. 9. NATIONAL SEA GRANT ADVISORY BOARD.\n\n    (a) Redesignation of Sea Grant Review Panel as Board.--\n            (1) Redesignation.--The sea grant review panel established \n        by section 209 of the National Sea Grant College Program Act \n        (33 U.S.C. 1128), as in effect before the date of the enactment \n        of this Act, is redesignated as the National Sea Grant Advisory \n        Board.\n            (2) Membership not affected.--An individual serving as a \n        member of the sea grant review panel immediately before the \n        enactment of this Act may continue to serve as a member of the \n        National Sea Grant Advisory Board until the expiration of such \n        member's term under section 209(c) of such Act (33 U.S.C. \n        1128(c).\n            (3) References.--Any reference in a law, map, regulation, \n        document, paper, or other record of the United States to such \n        sea grant review panel is deemed to be a reference to the \n        National Sea Grant Advisory Board.\n            (4) Conforming amendments.--\n                    (A) In general.--Section 209 (33 U.S.C. 1128) is \n                amended by striking so much as precedes subsection (b) \n                and inserting the following:\n\n``SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.\n\n    ``(a) Establishment.--There shall be an independent committee to be \nknown as the National Sea Grant Advisory Board.''.\n                    (B) Definition.--Section 203(9) (33 U.S.C. 1122(9)) \n                is amended to read as follows:\n            ``(9) The term `Board' means the National Sea Grant \n        Advisory Board established under section 209.'';\n                    (C) Other provisions.--The following provisions are \n                each amended by striking ``panel'' each place it \n                appears and inserting ``Board'':\n                            (i) Section 204 (33 U.S.C. 1123).\n                            (ii) Section 207 (33 U.S.C. 1126).\n                            (iii) Section 209 (33 U.S.C. 1128).\n    (b) Duties.--Section 209(b) (33 U.S.C. 1128(b)) is amended to read \nas follows:\n    ``(b) Duties.--\n            ``(1) In general.--The Board shall advise the Secretary and \n        the Director concerning--\n                    ``(A) strategies for utilizing the sea grant \n                college program to address the Nation's highest \n                priorities regarding the understanding, assessment, \n                development, management, and conservation of ocean, \n                coastal, and Great Lakes resources;\n                    ``(B) the designation of sea grant colleges and sea \n                grant institutes; and\n                    ``(C) such other matters as the Secretary refers to \n                the Board for review and advice.\n            ``(2) Biennial report.--The Board shall report to the \n        Congress every two years on the state of the national sea grant \n        college program. The Board shall indicate in each such report \n        the progress made toward meeting the priorities identified in \n        the strategic plan in effect under section 204(c). The \n        Secretary shall make available to the Board such information, \n        personnel, and administrative services and assistance as it may \n        reasonably require to carry out its duties under this title.''.\n    (c) Membership, Terms, and Powers.--Section 209(c)(1) (33 U.S.C. \n1128(c)(1)) is amended--\n            (1) by inserting ``coastal management,'' after ``resources \n        management,''; and\n            (2) by striking ``utilization,'' and inserting \n        ``management,''.\n    (d) Extension of Term.--Section 209(c)(2) (33 U.S.C. 1128(c)(2)) is \namended to read as follows:\n            ``(2) The term of office of a voting member of the Board \n        shall be 4 years. The Director may extend the term of office of \n        a voting member of the Board once by up to 1 year.''.\n    (e) Establishment of Subcommittees.--Section 209(c) (33 U.S.C. \n1128(c)) is amended by adding at the end the following:\n    ``(8) The Board may establish such subcommittees as are reasonably \nnecessary to carry out its duties under subsection (b). Such \nsubcommittees may include individuals who are not Board members.''.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n    Section 212 of the National Sea Grant College Program Act (33 \nU.S.C. 1131) is amended--\n            (1) by striking subsection (a)(1) and inserting the \n        following: ``(1) In general.--There are authorized to be \n        appropriated to the Secretary to carry out this title--\n            ``(A) $100,000,000 for fiscal year 2009;\n            ``(B) $105,000,000 for fiscal year 2010;\n            ``(C) $110,000,000 for fiscal year 2011;\n            ``(D) $115,000,000 for fiscal year 2012;\n            ``(E) $120,000,000 for fiscal year 2013; and\n            ``(F) $125,000,000 for fiscal year 2014.'';\n            (2) in subsection (a)(2)--\n                    (A) by striking ``biology and control of zebra \n                mussels and other important aquatic'' in subparagraph \n                (A) and inserting ``biology, prevention, and control of \n                aquatic''; and\n                    (B) by striking ``blooms, including Pfiesteria \n                piscicida; and'' in subparagraph (C) and inserting \n                ``blooms; and'';\n            (3) in subsection (c)(1) by striking ``rating under section \n        204(d)(3)(A)'' and inserting ``performance assessments'';\n            (4) by striking subsection (c)(2) and inserting the \n        following:\n    ``(2) regional or national strategic investments authorized under \nsection 204(b)(4);''.\n\nSEC. 11. REPEAL OF ANNUAL COORDINATION REPORT REQUIREMENT.\n\n    Section 9 of the National Sea Grant College Program Act Amendments \nof 2002 (33 U.S.C. 857-20) is repealed.","title":""}
+{"_id":"c314","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``National Strategic Gasoline Reserve \nfor Purposes of National Security Act of 2009''.\n\nSEC. 2. STRATEGIC GASOLINE RESERVE.\n\n    (a) Establishment.--\n            (1) Authority.--The Secretary of Energy shall establish a \n        Strategic Gasoline Reserve system (in this section referred to \n        as the ``Gasoline Reserve'') with a total capacity of \n        10,000,000 barrels of regular unleaded gasoline.\n            (2) Reserve locations.--No later than 1 year after the date \n        of enactment of this Act, the Secretary shall determine \n        strategic locations for no less than three and no more than \n        five Gasoline Reserve sites, each located in a different \n        geographical region of the United States. When determining site \n        locations, the Secretary shall consider all factors, including \n        seasonal and regional variations in gasoline, cost, regional \n        population, accessibility for distribution, and the region's \n        vulnerability to natural disasters and acts of terrorism. The \n        Secretary shall endeavor to find the most affordable method for \n        storage and, when possible, should consult the methodology used \n        for the creation of the Home Heating Oil Reserve and the \n        Strategic Petroleum Reserves. Such reserve site locations shall \n        be operational within 2 years after the date of enactment of \n        this Act.\n            (3) Onsite protection.--In establishing the Gasoline \n        Reserve under this section, the Secretary shall confer with the \n        Secretary of Transportation and the Secretary of Homeland \n        Security with respect to physical structures' security, the \n        transportation security, and operational security.\n    (b) Transportation.--Not later than 1 year after the date of \nenactment of this Act, the Secretary of Energy shall transmit to the \nCongress, the Secretary of Homeland Security, and the Governor of each \nState in which a Gasoline Reserve will be sited a plan for the \ntransportation of the contents of the Gasoline Reserve under this \nsection to wholesale or retail markets in the event of an emergency \nsale under subsection (d).\n    (c) Capacity.--The Secretary of Energy shall complete the process \nof filling the Gasoline Reserve to a minimum of 90 percent within 2 \nyears of submitting a transportation plan to the Congress.\n    (d) Aging Supply.--The Secretary shall conduct an annual review of \nthe gasoline supply to ensure the reserves in the Gasoline Reserve do \nnot exceed their shelf life. The Secretary shall have in place within 2 \nyears of enactment of this Act a plan for assuring that the inventory \nis sold and replaced in a manner that assures the integrity of the \nproduct at all times. The Secretary shall have the authority to \nexchange an aging supply of reserve gasoline through private sales or \nby utilizing the fuel for military or government use. The Secretary \nshall seek the best means to minimize transaction expense.\n    (e) Requests for Emergency Sale Authorization.--The Secretary of \nEnergy shall sell gasoline from the Gasoline Reserve if--\n            (1) the Governor of an affected State submits a written \n        request that--\n                    (A) provides sufficient evidence that the sale or \n                supply of gasoline in the region in which such State is \n                located has been severely disrupted, caused by, but not \n                limited to, an interruption in the normal distribution \n                or availability of gasoline which dramatically affects \n                the price of gasoline; and\n                    (B) provides sufficient evidence that the State \n                would experience further adverse effects without the \n                sale of gasoline from the Gasoline Reserve; and\n            (2) the President issues an Executive order requiring \n        immediate release from any or all Gasoline Reserves at any time \n        that the President determines that the conditions specified in \n        paragraph (1)(A) are satisfied.\n    (f) Procedure.--\n            (1) Secretary's response.--The Secretary of Energy shall \n        respond to a request transmitted under subsection (e) within 7 \n        days of receipt of a request through a written response, \n        regardless of the decision.\n            (2) Additional information.--The Secretary may request \n        additional information if the Secretary concludes there are \n        insufficient reasons provided for the sale of gasoline from the \n        Gasoline Reserve system.\n    (g) Purchase.--The Secretary of Energy is authorized to conduct \npurchases and sales of gasoline at wholesale for maintenance of the \nGasoline Reserve system. In conducting these transactions, the \nSecretary shall--\n            (1) ensure that the overall supply returns to a minimum 90 \n        percent capacity in a timely manner following a sizeable \n        depletion due to an emergency; and\n            (2) assess market conditions to avoid, to the extent \n        possible, when prices appear to be at higher levels unlikely to \n        be sustained, or when purchases of gasoline are likely to \n        significantly raise gasoline prices in the market served by a \n        particular Gasoline Reserve for purchases consistent with the \n        need for timely replenishment of the Reserve after emergency or \n        nonemergency sales.\n    (h) Annual Report.--At a specified date as determined by the \nSecretary of Energy, the Secretary shall submit to the President, the \nCommittee on Energy and Commerce of the House of Representatives, and \nto the Committee on Energy and Natural Resources of the Senate a report \non the status of the Strategic Gasoline Reserve outlining the Reserve's \ncurrent capacity, emergency sales from the previous year, any security \nthreats in the previous year, and the current condition of the storage \nfacilities. The Secretary shall also in the report include any \nrecommendations for improvements in the efficiency of the purchase, \ntransportation, sale, and storage of gasoline in the Gasoline Reserves.\n    (i) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary of Energy such sums as may be necessary \nfor construction and operation of the Gasoline Reserve system for \nfiscal years 2009 through 2015.","title":""}
+{"_id":"c315","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Native Language Immersion Student \nAchievement Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Congress established the unique status of Native \n        American languages and distinctive policies supporting their \n        use as a medium of education in the Native American Languages \n        Act (Public Law 101-477).\n            (2) Reports from the Bureau of Indian Affairs and tribal, \n        public, charter, and private schools and colleges that use \n        primarily Native American languages to deliver education, have \n        indicated that students from these schools have generally had \n        high school graduation and college attendance rates above the \n        norm for their peers.\n            (3) The Elementary and Secondary Education Act of 1965 (20 \n        U.S.C. 6301 et seq.) includes policy barriers to schools taught \n        through Native American languages and a lack of adequate \n        funding to support such opportunities.\n            (4) There is a critical need that requires immediate action \n        to support education through Native American languages to \n        preserve these languages.\n\nSEC. 3. NATIVE AMERICAN LANGUAGE SCHOOLS.\n\n    Title VII of the Elementary and Secondary Education Act of 1965 (20 \nU.S.C. 7401 et seq.) is amended by adding at the end the following:\n\n               ``PART D--NATIVE AMERICAN LANGUAGE SCHOOLS\n\n``SEC. 7401. NATIVE AMERICAN LANGUAGE SCHOOLS.\n\n    ``(a) Purposes.--The purposes of this section are--\n            ``(1) to establish a grant program to support schools using \n        Native American languages as the primary language of \n        instruction of all curriculum taught at the school that will \n        improve high school graduation rates, college attainment, and \n        career readiness; and\n            ``(2) to further integrate into this Act, Federal policy \n        for such schools, as established in the Native American \n        Languages Act (Public Law 101-477).\n    ``(b) Program Authorized.--\n            ``(1) In general.--From the amounts made available to carry \n        out this section, the Secretary may award grants to eligible \n        entities to develop and maintain, or to improve and expand, \n        programs that support schools, including prekindergarten \n        through postsecondary education, using Native American \n        languages as the primary language of instruction of all \n        curriculum taught at the schools.\n            ``(2) Eligible entities.--In this section, the term \n        `eligible entity' means a school or a private or tribal, \n        nonprofit organization that has a plan to develop and maintain, \n        or to improve and expand, programs that support schools using \n        Native American languages as the primary language of \n        instruction of all curriculum taught at the schools.\n    ``(c) Application.--\n            ``(1) In general.--An eligible entity that desires to \n        receive a grant under this section shall submit an application \n        to the Secretary at such time, in such manner, and containing \n        such information as the Secretary may require, including the \n        following:\n                    ``(A) The name of the Native American language to \n                be used for instruction at the school supported by the \n                eligible entity.\n                    ``(B) The number of students attending such school.\n                    ``(C) The number of present hours of Native \n                American language instruction being provided to \n                students at such school, if any.\n                    ``(D) The status of such school with regard to any \n                applicable tribal education department or agency, \n                public education system, indigenous language schooling \n                research and cooperative, or accrediting body.\n                    ``(E) A statement that such school--\n                            ``(i) is engaged in meeting targeted \n                        proficiency levels for students, as may be \n                        required by applicable Federal, State, or \n                        tribal law; and\n                            ``(ii) provides assessments of student \n                        using the Native American language of \n                        instruction, where appropriate.\n                    ``(F) A list of the instructors, staff, \n                administrators, contractors, or subcontractors at such \n                school and their qualifications to deliver high quality \n                education through the Native American language of the \n                school.\n            ``(2) Additional application materials.--In addition to the \n        application described in paragraph (1), an eligible entity that \n        desires to receive a grant under this section shall submit to \n        the Secretary the following:\n                    ``(A) A certification from a Federally recognized \n                Indian tribe, or a letter from any Native American \n                entity, on whose land the school supported by the \n                eligible entity is located, or which is served by such \n                school, indicating that the school has the capacity to \n                provide education primarily through a Native American \n                language and that there are sufficient speakers of such \n                Native American language at the school or available to \n                be hired by the school.\n                    ``(B) A statement that such school will participate \n                in data collection conducted by the Secretary that will \n                determine best practices and further academic \n                evaluation of the school.\n                    ``(C) A demonstration of the capacity to have \n                speakers of its Native American language provide the \n                basic education offered by such school on a full-time \n                basis.\n    ``(d) Awarding of Grants.--In awarding grants under this section, \nthe Secretary shall--\n            ``(1) determine the amount and length of each grant;\n            ``(2) ensure, to the maximum extent feasible, that \n        diversity in languages is represented; and\n            ``(3) require the eligible entities to present a Native \n        language education plan to improve high school graduation \n        rates, college attainment, and career readiness.\n    ``(e) Activities Authorized.--An eligible entity that receives a \ngrant under this section shall carry out the following activities:\n            ``(1) Support Native American language education and \n        development.\n            ``(2) Develop or refine instructional curriculum for the \n        school supported by the eligible entity, including distinctive \n        teaching materials and activities, as appropriate.\n            ``(3) Fund training opportunities for teachers and, as \n        appropriate, staff and administrators, that would strengthen \n        the overall language and academic goals of such school.\n            ``(4) Other activities that promote Native American \n        language education and development, as appropriate.\n    ``(f) Report to Secretary.--Each eligible entity that receives a \ngrant under this section shall provide an annual report to the \nSecretary in such form and manner as the Secretary may require.\n    ``(g) Authorization of Appropriation.--There is authorized to be \nappropriated to carry out this section $5,000,000 for fiscal year 2015, \nand such sums as may be necessary for each of the 4 succeeding fiscal \nyears.''.","title":""}
+{"_id":"c316","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Nazi Benefits Termination Act of \n2001''.\n\nSEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS.\n\n    (a) In General.--Notwithstanding any other provision of law, an \nindividual who is determined under this Act to have been a participant \nin Nazi persecution is not eligible for any Federal public benefit.\n    (b) Definitions.--In this Act:\n            (1) Federal public benefit.--The term ``Federal public \n        benefit'' has the meaning given such term by section 401(c)(1) \n        of the Personal Responsibility and Work Opportunity \n        Reconciliation Act of 1996 (8 U.S.C. 1611(c)(1)), but shall not \n        include any benefit described in section 401(b)(1) of such Act \n        (8 U.S.C. 1611(b)(1)) (and, for purposes of applying such \n        section 401(b)(1), the term ``alien'' shall be considered to \n        mean any individual).\n            (2) Participant in nazi persecution.--The term \n        ``participant in Nazi persecution'' means an individual who--\n                    (A) if an alien (as such term is defined in section \n                101(a)(3) of the Immigration and Nationality Act (8 \n                U.S.C. 1101(a)(3))), has committed one or more of the \n                acts described in section 212(a)(3)(E) of the \n                Immigration and Nationality Act (8 U.S.C. \n                1182(a)(3)(E)); or\n                    (B) if a citizen of the United States--\n                            (i) has procured citizenship illegally or \n                        by concealment of a material fact or willful \n                        misrepresentation; and\n                            (ii) has committed one or more of the acts \n                        described in section 212(a)(3)(E) of the \n                        Immigration and Nationality Act (8 U.S.C. \n                        1182(a)(3)(E)).\n            (3) Respondent.--The term ``respondent'' means an \n        individual whom the Attorney General is providing an \n        opportunity for a hearing on the record under section 3(a).\n\nSEC. 3. DETERMINATIONS.\n\n    (a) Hearing by Immigration Judge.--If the Attorney General has \nreason to believe that an individual who has applied for or is \nreceiving a Federal public benefit may have been a participant in Nazi \npersecution, the Attorney General may provide an opportunity for a \nhearing on the record with respect to the matter. The Attorney General \nmay delegate the conduct of the hearing to an immigration judge (as \ndefined in section 101(b)(4) of the Immigration and Nationality Act (8 \nU.S.C. 1101(b)(4))).\n    (b) Procedures.--\n            (1) Right of respondents to appear.--\n                    (A) Citizens, permanent resident aliens, and \n                persons present in the united states.--At a hearing \n                under this section, each respondent may appear in \n                person if the respondent is a United States citizen, a \n                permanent resident alien, or present within the United \n                States when the proceeding under this section is \n                initiated.\n                    (B) Others.--A respondent who is not a citizen, a \n                permanent resident alien, or present within the United \n                States when the proceeding under this section is \n                initiated may appear by video conference.\n                    (C) Rule of interpretation.--This Act shall not be \n                construed to permit the return to the United States of \n                an individual who is inadmissible under section \n                212(a)(3)(E) of the Immigration and Nationality Act (8 \n                U.S.C. 1182(a)(3)(E)).\n            (2) Other rights of respondents.--At a hearing under this \n        section, each respondent may be represented by counsel at no \n        expense to the Federal Government, present evidence, cross-\n        examine witnesses, and obtain the issuance of subpoenas for the \n        attendance of witnesses and presentation of evidence.\n            (3) Rules of evidence.--Unless otherwise provided in this \n        Act, rules regarding the presentation of evidence at the \n        hearing shall apply in the same manner in which such rules \n        would apply at a removal proceeding before an immigration judge \n        under section 240 of the Immigration and Nationality Act (8 \n        U.S.C. 1229a).\n    (c) Findings, Conclusions, and Order.--\n            (1) Findings and conclusions.--Not later than 60 days after \n        the date of the end of a hearing conducted under this section, \n        the immigration judge shall make findings of fact and \n        conclusions of law with respect to whether the respondent has \n        been a participant in Nazi persecution.\n            (2) Order.--\n                    (A) Finding that respondent has been a participant \n                in nazi persecution.--If the immigration judge finds, \n                by a preponderance of the evidence, that the respondent \n                has been a participant in Nazi persecution, the \n                immigration judge shall promptly issue an order \n                declaring the respondent to be ineligible for any \n                Federal public benefit, and prohibiting any person from \n                providing such a benefit, directly or indirectly, to \n                the respondent, and shall transmit a copy of the order \n                to any governmental entity or person known to be so \n                providing such a benefit.\n                    (B) Finding that respondent has not been a \n                participant in nazi persecution.--If the immigration \n                judge finds that there is insufficient evidence for a \n                finding under subparagraph (A) that a respondent has \n                been a participant in Nazi persecution, the immigration \n                judge shall issue an order dismissing the proceeding.\n                    (C) Effective date; limitation of liability.--\n                            (i) Effective date.--An order issued \n                        pursuant to subparagraph (A) or (B) shall be \n                        effective on the date of issuance.\n                            (ii) Limitation of liability.--\n                        Notwithstanding clause (i), a person or entity \n                        shall not be found to have provided a benefit \n                        to an individual in violation of this Act until \n                        the person or entity has received actual notice \n                        of the issuance of an order under subparagraph \n                        (A) with respect to the individual and has had \n                        a reasonable opportunity to comply with the \n                        order.\n    (d) Review by Attorney General; Service of Final Order.--\n            (1) Review by attorney general.--The Attorney General may, \n        in his discretion, review any finding or conclusion made, or \n        order issued, under subsection (c), and shall complete the \n        review not later than 30 days after the date that the finding \n        or conclusion is so made, or order is so issued. Otherwise, the \n        finding, conclusion, or order shall be final.\n            (2) Service of final order.--The Attorney General shall \n        cause the findings of fact and conclusions of law made with \n        respect to any final order issued under this section, together \n        with a copy of the order, to be served on the respondent \n        involved.\n    (e) Judicial Review.--Any party aggrieved by a final order issued \nunder this section may obtain a review of the order by the United \nStates Court of Appeals for the Federal Circuit, by filing a petition \nfor such review not later than 30 days after the date that the final \norder is issued.\n\nSEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL \n              CIRCUIT OVER APPEALS UNDER THIS ACT.\n\n    Section 1295(a) of title 28, United States Code, is amended--\n            (1) by striking ``and'' at the end of paragraph (13);\n            (2) by striking the period at the end of paragraph (14) and \n        inserting ``; and''; and\n            (3) by adding at the end the following:\n            ``(15) of an appeal from a final order issued under the \n        Nazi Benefits Termination Act of 2001.''.","title":""}
+{"_id":"c317","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Neighborhood Integrity and \nResponsibility Act''.\n\nSEC. 2. RENT REASONABLENESS TEST.\n\n    (a) Housing Certificate Program.--Section 8(c)(2) of the United \nStates Housing Act of 1937 (42 U.S.C. 1437f(c)(2)) is amended by adding \nat the end the following new subparagraph:\n    ``(D)(i) Each public housing agency administering assistance \nprovided under the housing certificate program under this section shall \nensure that the rent charged for each dwelling unit assisted by the \nagency is reasonable in comparison with rents charged for comparable \nunassisted units available in the private residential rental market, \nby--\n            ``(I) reviewing all rents for units under consideration by \n        families assisted under the certificate program; and\n            ``(II) reviewing all rent increases for units under lease \n        by families assisted under such program.\nIf an agency determines that the rent (or rent increase) for a unit is \nnot reasonable, the agency shall disapprove a lease for such unit.\n    ``(ii) For purposes of this subparagraph, rent comparisons shall be \nconducted by comparing the rent of the assisted dwelling unit with the \nrent of comparable unassisted units that are located in a geographical \narea, determined by the agency and approved by the Secretary that--\n            ``(I) is geographically smaller than the applicable housing \n        area used for the establishment of fair market rentals under \n        paragraph (1);\n            ``(II) has a continuous boundary; and\n            ``(III) exhibits a commonality of geographic, demographic, \n        housing, or other characteristics that make it appropriate for \n        use under this subparagraph, including characteristics such as \n        consisting of a recognized or identifiable neighborhood or \n        geographic area, proximity to or identification with a \n        particular location, structure, or feature, having a population \n        with similar incomes, or containing housing a significant \n        portion of which is similar in age, cost, type, or design.''.\n    (b) Housing Voucher Program.--The last sentence of paragraph (10) \nof section 8(o) of the United States Housing Act of 1937 (42 U.S.C. \n1437f(o)(10)) is amended by striking ``may'' and inserting ``shall''.\n    (c) Condition on Receipt of Administrative Fees.--Section 8(q) of \nthe United States Housing Act of 1937 (42 U.S.C. 1437f(q)) is amended \nby adding at the end the following new paragraph:\n    ``(5) Notwithstanding any other provision of this subsection, the \nfee under this subsection attributable to any dwelling unit for any \nfiscal year may be paid to the public housing agency only if the agency \nhas complied, during the preceding fiscal year, with the requirement \nunder subsection (c)(2)(D) or (o)(10), as applicable, to such dwelling \nunit.''.\n\nSEC. 3. LIMITATION ON ASSISTED UNITS OWNED BY SINGLE OWNER.\n\n    Section 8 of the United States Housing Act of 1937 (42 U.S.C. \n1437f) is amended by inserting after subsection (k) the following new \nsubsection:\n    ``(l) Ownership Limitation.--\n            ``(1) In general.--Except as provided in paragraphs (2) and \n        (3), a single public housing agency may not provide tenant-\n        based assistance under this section for more than 5 dwelling \n        units that are owned by any single owner.\n            ``(2) Waiver.--A public housing agency may waive the \n        applicability of the limitation under paragraph (1) with \n        respect to an owner if the agency determines that all dwelling \n        units owned by such owner and assisted or to be assisted with \n        tenant-based assistance under this section are, at that time, \n        in compliance with housing quality standards established by the \n        Secretary for purposes of this section and any applicable State \n        or local laws relating to housing habitability, construction, \n        maintenance, safety, health, and sanitation.\n            ``(3) Protection of current owners.--\n                    ``(A) In general.--If, at any time, a single owner \n                owns more than 5 protected dwelling units, such \n                protected dwelling units in excess of 5 shall not be \n                considered at such time for purposes of applying the \n                numerical limitation under paragraph (1) to such owner.\n                    ``(B) Protected dwelling units.--A dwelling unit \n                shall be considered to be a protected dwelling unit at \n                any time for purposes of this paragraph only if the \n                dwelling unit, at that time, is occupied by a tenant \n                who--\n                            ``(i) is an assisted family on whose behalf \n                        tenant-based assistance under this section is \n                        provided;\n                            ``(ii) on the date of the enactment of the \n                        Neighborhood Integrity and Responsibility Act \n                        occupied such unit and, at such time, was \n                        assisted with tenant-based assistance under \n                        this section; and\n                            ``(iii) has, without interruption since \n                        such date of enactment, continued to occupy \n                        such unit and continued to be assisted with \n                        such assistance.\n            ``(4) Owner.--The Secretary shall issue regulations \n        defining the term `single owner' for purposes of this \n        subsection. The regulations shall provide that, with respect to \n        any person or entity, any other person or entity owned or \n        controlled by such person or entity (including any such \n        affiliate or subsidiary of such person or entity) shall be \n        considered a single owner for purposes of this subsection.''.\n\nSEC. 4. RENT PAID BY ASSISTED FAMILIES.\n\n    (a) Exceptions to General Rent Rule.--Section 3(a)(1) of the United \nStates Housing Act of 1937 (42 U.S.C. 1437a(1)) is amended in the \nmatter preceding subparagraph (A) by striking ``section 8(c)(3)(B)'' \nand inserting ``subparagraph (B) or (C) of section 8(c)(3)''.\n    (b) Tenant Rent Payment Under Certificate Program.--Section 8(c)(3) \nof the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(3)) is \namended--\n            (1) in the first sentence of subparagraph (A), by inserting \n        before the period at the end the following: ``or subparagraph \n        (B) or (C) of this paragraph, as applicable''; and\n            (2) in subparagraph (B)(i), by striking the matter that \n        precedes clause I and inserting the following:\n    ``(B)(i) Notwithstanding section 3(a)(1) and subparagraph (B) of \nthis paragraph, a family receiving tenant-based assistance under \nsubsection (b) may pay for rent more than the amount determined under \nsuch provisions if--'';\n            (3) by redesignating subparagraph (B) (as so amended) as \n        subparagraph (C); and\n            (4) by inserting after subparagraph (A) the following new \n        subparagraph:\n    ``(B) A family on whose behalf tenant-based assistance under \nsubsection (b) is provided for a dwelling unit having a maximum monthly \nrent under the contract equal to or exceeding 50 percent of the \napplicable fair market rental for the area shall pay as rent for the \ndwelling unit the greater of the following two amounts:\n            ``(i) The amount determined for the family under section \n        3(a)(1).\n            ``(ii) For a dwelling unit having a maximum monthly rent \n        under the contract--\n                    ``(I) that is equal to or exceeds 75 percent of the \n                applicable fair market rental for the area, the amount \n                that is equal to 50 percent of the contract rent for \n                the unit.\n                    ``(II) that is equal to or exceeds 50 percent of \n                the applicable fair market rental for the area but is \n                less than 75 percent of such fair market rental, the \n                amount that is equal to 30 percent of the contract rent \n                for the unit.''.\n    (c) Monthly Assistance Payment Under Voucher Program.--Section 8(o) \nof the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is \namended--\n            (1) in paragraph (2)--\n                    (A) by striking ``The'' and inserting ``(A) Except \n                as provided in paragraph (2), the''; and\n                    (B) by adding at the end the following new \n                subparagraph:\n    ``(B) The monthly assistance payment under this subsection for any \nfamily renting a dwelling unit having a rent equal to or exceeding 50 \npercent of the applicable payment standard for the area shall be the \namount by which the payment standard exceeds the greater of the \nfollowing two amounts:\n            ``(i) The amount determined for the family pursuant to \n        subparagraph (A).\n            ``(ii) For a dwelling unit having a rent--\n                    ``(I) that is equal to or exceeds 75 percent of the \n                applicable payment standard for the area, the amount \n                that is equal to 50 percent of the rent for the unit.\n                    ``(II) that is equal to or exceeds 50 percent of \n                the applicable payment standard for the area but is \n                less than 75 percent of such payment standard, the \n                amount that is equal to 30 percent of the rent for the \n                unit.''.\n    (d) Conforming Amendments.--Section 8 of the United States Housing \nAct of 1937 (42 U.S.C. 1437f(c)(1)(B)) is amended--\n            (1) in clause (b) of the second sentence of subsection \n        (c)(1), by striking ``paragraph (3)(B)'' and inserting \n        ``paragraph (3)(C)''; and\n            (2) in subsection (y)(6)(A), by striking ``Subsection \n        (c)(3)(B)'' and inserting ``Subsection (c)(3)(C)''.","title":""}
+{"_id":"c318","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``New Aid for Trustworthy, Affordable \nDrugs Act (NAFTA Drugs Act)''.\n\nSEC. 2. HARMONIZATION OF DRUG LAWS REGARDING IMPORTATION INTO NAFTA \n              COUNTRIES FROM OTHER NAFTA COUNTRIES.\n\n    Section 803 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n383) is amended by adding at the end the following subsection:\n    ``(d)(1) Consistent with the North American Free Trade Agreement \napproved by the Congress under section 101(a) of Public Law 103-182 \n(referred to in this subsection as `NAFTA'), the United States Trade \nRepresentative shall seek to enter into agreements with other NAFTA \ncountries to harmonize regulatory requirements for drugs such that \ndrugs approved for commercial distribution in any NAFTA country may be \nimported or exported from any NAFTA country into any NAFTA country.\n    ``(2) The United States Trade Representative shall carry out this \nsubsection in consultation with the Secretary and the Commissioner of \nFood and Drugs.\n    ``(3) The United States Trade Representative may enter into a \nharmonization agreement under paragraph (1) only if such Representative \ndetermines as follows:\n            ``(A) That the proposed agreement provides for regulatory \n        standards for drugs that are consistent with the requirements \n        of this Act.\n            ``(B) That the proposed agreement provides for--\n                    ``(i) the display of a seal on the labeling of the \n                drugs involved, whose purpose is to indicate that the \n                drugs meet the standards of the harmonization agreement \n                and may be imported as provided in paragraph (1);\n                    ``(ii) uniform standards applicable to the display \n                of such a seal in any NAFTA country; and\n                    ``(iii) approval of such a seal by the appropriate \n                health authority in any NAFTA country before the \n                display of the seal in that country, for the purpose of \n                ensuring that the seal complies with the uniform \n                standards described in clause (ii).\n            ``(C) That the proposed agreement provides that a drug may \n        not be imported into a NAFTA country from another NAFTA country \n        unless the labeling of the drug bears a seal described in \n        subparagraph (B).\n            ``(D) That the proposed agreement provides for a system of \n        unique tracking numbers to indicate--\n                    ``(i) the manufacturer of the drug involved, the \n                NAFTA country of origin, and the wholesale distributors \n                of the drug; and\n                    ``(ii) in the case of a prescription drug, the \n                pharmacy that dispenses the drug.\n            ``(E) That the proposed agreement provides for--\n                    ``(i) the placement of a seal described in \n                subparagraph (B) on the labeling of a drug only by a \n                pharmacy registered in accordance with this \n                subparagraph;\n                    ``(ii) registration of pharmacies in each NAFTA \n                country by the appropriate health authority in each \n                such country for the purpose of authorizing such \n                pharmacies to place a seal described in subparagraph \n                (B) on the labeling of drugs; and\n                    ``(iii) uniform standards applicable to such \n                registration.\n            ``(F) That the proposed agreement--\n                    ``(i) requires drug manufacturers to reimburse the \n                Secretary of Health and Human Services for benefits \n                derived by such manufacturers from research performed \n                by the National Institutes of Health; and\n                    ``(ii) authorizes use of such reimbursement to pay \n                the expenses incurred by the Food and Drug \n                Administration in approving seals under subparagraph \n                (B) and registering pharmacies under subparagraph (E).\n            ``(G) That the proposed agreement prohibits any \n        discrimination by any person in the manufacture, distribution, \n        or sale of any drug that bears a seal described in subparagraph \n        (B), on the basis of a prospective customer's citizenship or \n        residency in a NAFTA country, or on the basis of a request for \n        shipment of the drug to any NAFTA country.\n    ``(4) The authority of the United States Trade Representative to \nenter a harmonization agreement under paragraph (1) terminates one year \nafter the date of the enactment of New Aid for Trustworthy, Affordable \nDrugs Act (NAFTA Drugs Act).\n    ``(5) For purposes of this subsection, the term `NAFTA country' \nmeans each of the United States, Canada, and the United Mexican \nStates--\n            ``(A) for such time as NAFTA is in force with respect to \n        such country; and\n            ``(B) in the case of each of Canada and the United Mexican \n        States, for such time as the United States applies NAFTA to \n        such country.''.","title":""}
+{"_id":"c319","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Notch Fairness Act of 1996''.\n\nSEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE \n              ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.\n\n    (a) In General.--Section 215(a) of the Social Security Act is \namended--\n            (1) in paragraph (4)(B), by inserting ``(with or without \n        the application of paragraph (8))'' after ``would be made'', \n        and by striking ``1984'' in clause (i) and inserting ``1989''; \n        and\n            (2) by adding at the end the following:\n    ``(8)(A) In the case of an individual described in paragraph (4)(B) \n(subject to subparagraph (F) of this paragraph), the amount of the \nindividual's primary insurance amount as computed or recomputed under \nparagraph (1) shall be deemed equal to the sum of--\n            ``(i) such amount, and\n            ``(ii) the applicable transitional increase amount (if \n        any).\n    ``(B) For purposes of subparagraph (A)(ii), the term `applicable \ntransitional increase amount' means, in the case of any individual, the \nproduct derived by multiplying--\n            ``(i) the excess under former law, by\n            ``(ii) the applicable percentage in relation to the year in \n        which the individual becomes eligible for old-age insurance \n        benefits, as determined by the following table:\n\n                  ``If the individual\n                                                                       \n                becomes eligible for\n                                                         The applicable\n                such benefits in:\n                                                         percentage is:\n                  1979...............................       55 percent \n                  1980...............................       45 percent \n                  1981...............................       35 percent \n                  1982...............................       32 percent \n                  1983...............................       25 percent \n                  1984...............................       20 percent \n                  1985...............................       16 percent \n                  1986...............................       10 percent \n                  1987...............................        3 percent \n                  1988...............................        5 percent.\n    ``(C) For purposes of subparagraph (B), the term `excess under \nformer law' means, in the case of any individual, the excess of--\n            ``(i) the applicable former law primary insurance amount, \n        over\n            ``(ii) the amount which would be such individual's primary \n        insurance amount if computed or recomputed under this section \n        without regard to this paragraph and paragraphs (4), (5), and \n        (6).\n    ``(D) For purposes of subparagraph (C)(i), the term `applicable \nformer law primary insurance amount' means, in the case of any \nindividual, the amount which would be such individual's primary \ninsurance amount if it were--\n            ``(i) computed or recomputed (pursuant to paragraph \n        (4)(B)(i)) under section 215(a) as in effect in December 1978, \n        or\n            ``(ii) computed or recomputed (pursuant to paragraph \n        (4)(B)(ii)) as provided by subsection (d),\n(as applicable) and modified as provided by subparagraph (E).\n    ``(E) In determining the amount which would be an individual's \nprimary insurance amount as provided in subparagraph (D)--\n            ``(i) subsection (b)(4) shall not apply;\n            ``(ii) section 215(b) as in effect in December 1978 shall \n        apply, except that section 215(b)(2)(C) (as then in effect) \n        shall be deemed to provide that an individual's `computation \n        base years' may include only calendar years in the period after \n        1950 (or 1936 if applicable) and ending with the calendar year \n        in which such individual attains age 61, plus the 3 calendar \n        years after such period for which the total of such \n        individual's wages and self-employment income is the largest; \n        and\n            ``(iii) subdivision (I) in the last sentence of paragraph \n        (4) shall be applied as though the words `without regard to any \n        increases in that table' in such subdivision read `including \n        any increases in that table'.\n    ``(F) This paragraph shall apply in the case of any individual only \nif such application results in a primary insurance amount for such \nindividual that is greater than it would be if computed or recomputed \nunder paragraph (4)(B) without regard to this paragraph.''.\n    (b) Effective Date and Related Rules.--\n            (1) Applicability of amendments.--\n                    (A) In general.--Except as provided in paragraph \n                (2), the amendments made by this Act shall be effective \n                as though they had been included or reflected in \n                section 201 of the Social Security Amendments of 1977.\n                    (B) Prospective applicability.--No monthly benefit \n                or primary insurance amount under title II of the \n                Social Security Act shall be increased by reason of \n                such amendments for any month before April 1996.\n            (2) Recomputation to reflect benefit increases.--In any \n        case in which an individual is entitled to monthly insurance \n        benefits under title II of the Social Security Act for March \n        1995, if such benefits are based on a primary insurance amount \n        computed--\n                    (A) under section 215 of such Act as in effect (by \n                reason of the Social Security Amendments of 1977) after \n                December 1978, or\n                    (B) under section 215 of such Act as in effect \n                prior to January 1979 by reason of subsection (a)(4)(B) \n                of such section (as amended by the Social Security \n                Amendments of 1977),\n        the Commissioner of Social Security (notwithstanding section \n        215(f)(1) of the Social Security Act) shall recompute such \n        primary insurance amount so as to take into account the \n        amendments made by this Act.\n\nSEC. 3. ENTITLEMENT OF STEPCHILDREN TO CHILD'S INSURANCE BENEFITS BASED \n              ON ACTUAL DEPENDENCY ON STEPPARENT SUPPORT.\n\n    (a) Requirement of Actual Dependency for Future Entitlements.--\n            (1) In general.--Section 202(d)(4) of the Social Security \n        Act (42 U.S.C. 402(d)(4)) is amended by striking ``was living \n        with or''.\n            (2) Effective date.--The amendment made by paragraph (1) \n        shall apply with respect to benefits of individuals who become \n        entitled to such benefits for months after the third month \n        following the month in which this Act is enacted.\n    (b) Termination of Child's Insurance Benefits Based on Work Record \nof Stepparent Upon Natural Parent's Divorce From Stepparent.--\n            (1) In general.--Section 202(d)(1) of the Social Security \n        Act (42 U.S.C. 402(d)(1)) is amended--\n                    (A) by striking ``or'' at the end of clause (F);\n                    (B) by striking the period at the end of clause (G) \n                and inserting ``; or''; and\n                    (C) by inserting after clause (G) the following new \n                clause:\n            ``(H) if the benefits under this subsection are based on \n        the wages and self-employment income of a stepparent who is \n        subsequently divorced from such child's natural parent, the \n        sixth month after the month in which the Commissioner of Social \n        Security receives formal notification of such divorce.''.\n            (2) Effective date.--The amendments made by this subsection \n        shall apply with respect to notifications of divorces received \n        by the Commissioner of Social Security on or after the date of \n        the enactment of this Act.\n\nSEC. 4. DENIAL OF DISABILITY BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.\n\n    (a) Amendments Relating to Title II Disability Benefits.--\n            (1) In general.--Section 223(d)(2) of the Social Security \n        Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the \n        following:\n            ``(C) An individual shall not be considered to be disabled \n        for purposes of this title if alcoholism or drug addiction \n        would (but for this subparagraph) be a contributing factor \n        material to the Commissioner's determination that the \n        individual is disabled.''.\n            (2) Representative payee requirements.--\n                    (A) Section 205(j)(1)(B) of such Act (42 U.S.C. \n                405(j)(1)(B)) is amended to read as follows:\n    ``(B) In the case of an individual entitled to benefits based on \ndisability, the payment of such benefits shall be made to a \nrepresentative payee if the Commissioner of Social Security determines \nthat such payment would serve the interest of the individual because \nthe individual also has an alcoholism or drug addiction condition (as \ndetermined by the Commissioner) that prevents the individual from \nmanaging such benefits.''.\n                    (B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C. \n                405(j)(2)(C)(v)) is amended by striking ``entitled to \n                benefits'' and all that follows through ``under a \n                disability'' and inserting ``described in paragraph \n                (1)(B)''.\n                    (C) Section 205(j)(2)(D)(ii)(II) of such Act (42 \n                U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all \n                that follows ``15 years, or'' and inserting ``described \n                in paragraph (1)(B).''.\n                    (D) Section 205(j)(4)(A)(ii)(II) (42 U.S.C. \n                405(j)(4)(A)(ii)(II)) is amended by striking ``entitled \n                to benefits'' and all that follows through ``under a \n                disability'' and inserting ``described in paragraph \n                (1)(B)''.\n            (3) Treatment referrals for individuals with an alcoholism \n        or drug addiction condition.--Section 222 of such Act (42 \n        U.S.C. 422) is amended by adding at the end the following new \n        subsection:\n\n   ``Treatment Referrals for Individuals with an Alcoholism or Drug \n                          Addiction Condition\n\n    ``(e) In the case of any individual whose benefits under this title \nare paid to a representative payee pursuant to section 205(j)(1)(B), \nthe Commissioner of Social Security shall refer such individual to the \nappropriate State agency administering the State plan for substance \nabuse treatment services approved under subpart II of part B of title \nXIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''.\n            (4) Conforming amendment.--Subsection (c) of section 225 of \n        such Act (42 U.S.C. 425(c)) is repealed.\n            (5) Effective dates.--\n                    (A) The amendments made by paragraphs (1) and (4) \n                shall apply with respect to monthly insurance benefits \n                under title II of the Social Security Act based on \n                disability for months beginning after the date of the \n                enactment of this Act, except that, in the case of \n                individuals who are entitled to such benefits for the \n                month in which this Act is enacted, such amendments \n                shall apply only with respect to such benefits for \n                months beginning on or after January 1, 1997.\n                    (B) The amendments made by paragraphs (2) and (3) \n                shall apply with respect to benefits for which \n                applications are filed on or after the date of the \n                enactment of this Act.\n                    (C) If an individual who is entitled to monthly \n                insurance benefits under title II of the Social \n                Security Act based on disability for the month in which \n                this Act is enacted and whose entitlement to such \n                benefits would terminate by reason of the amendments \n                made by this subsection reapplies for benefits under \n                title II of such Act (as amended by this Act) based on \n                disability within 120 days after the date of the \n                enactment of this Act, the Commissioner of Social \n                Security shall, not later than January 1, 1997, \n                complete the entitlement redetermination with respect \n                to such individual pursuant to the procedures of such \n                title.\n    (b) Amendments Relating to SSI Benefits.--\n            (1) In general.--Section 1614(a)(3) of the Social Security \n        Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the \n        following:\n    ``(I) Notwithstanding subparagraph (A), an individual shall not be \nconsidered to be disabled for purposes of this title if alcoholism or \ndrug addiction would (but for this subparagraph) be a contributing \nfactor material to the Commissioner's determination that the individual \nis disabled.''.\n            (2) Representative payee requirements.--\n                    (A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 \n                U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as \n                follows:\n    ``(II) In the case of an individual eligible for benefits under \nthis title by reason of disability, the payment of such benefits shall \nbe made to a representative payee if the Commissioner of Social \nSecurity determines that such payment would serve the interest of the \nindividual because the individual also has an alcoholism or drug \naddiction condition (as determined by the Commissioner) that prevents \nthe individual from managing such benefits.''.\n                    (B) Section 1631(a)(2)(B)(vii) of such Act (42 \n                U.S.C. 1383(a)(2)(B)(vii)) is amended by striking \n                ``eligible for benefits'' and all that follows through \n                ``is disabled'' and inserting ``described in \n                subparagraph (A)(ii)(II)''.\n                    (C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 \n                U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking \n                all that follows ``15 years, or'' and inserting \n                ``described in subparagraph (A)(ii)(II).''.\n                    (D) Section 1631(a)(2)(D)(i)(II) of such Act (42 \n                U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking \n                ``eligible for benefits'' and all that follows through \n                ``is disabled'' and inserting ``described in \n                subparagraph (A)(ii)(II)''.\n            (3) Treatment services for individuals with a substance \n        abuse condition.--Title XVI of such Act (42 U.S.C. 1381 et \n        seq.) is amended by adding at the end the following new \n        section:\n\n ``treatment services for individuals with a substance abuse condition\n\n    ``Sec. 1636. In the case of any individual whose benefits under \nthis title are paid to a representative payee pursuant to section \n1631(a)(2)(A)(ii)(II), the Commissioner of Social Security shall refer \nsuch individual to the appropriate State agency administering the State \nplan for substance abuse treatment services approved under subpart II \nof part B of title XIX of the Public Health Service Act (42 U.S.C. \n300x-21 et seq.).''.\n            (4) Conforming amendments.--\n                    (A) Section 1611(e) of such Act (42 U.S.C. 1382(e)) \n                is amended by striking paragraph (3).\n                    (B) Section 1634 of such Act (42 U.S.C. 1383c) is \n                amended by striking subsection (e).\n            (5) Effective dates.--\n                    (A) The amendments made by paragraphs (1) and (4) \n                shall apply with respect to supplemental security \n                income benefits under title XVI of the Social Security \n                Act based on disability for months beginning after the \n                date of the enactment of this Act, except that, in the \n                case of individuals who are eligible for such benefits \n                for the month in which this Act is enacted, such \n                amendments shall apply only with respect to such \n                benefits for months beginning on or after January 1, \n                1997.\n                    (B) The amendments made by paragraphs (2) and (3) \n                shall apply with respect to supplemental security \n                income benefits under title XVI of the Social Security \n                Act for which applications are filed on or after the \n                date of the enactment of this Act.\n                    (C) If an individual who is eligible for \n                supplemental security income benefits under title XVI \n                of the Social Security Act for the month in which this \n                Act is enacted and whose eligibility for such benefits \n                would terminate by reason of the amendments made by \n                this subsection reapplies for supplemental security \n                income benefits under title XVI of such Act (as amended \n                by this Act) within 120 days after the date of the \n                enactment of this Act, the Commissioner of Social \n                Security shall, not later than January 1, 1997, \n                complete the eligibility redetermination with respect \n                to such individual pursuant to the procedures of such \n                title.\n                    (D) For purposes of this paragraph, the phrase \n                ``supplemental security income benefits under title XVI \n                of the Social Security Act'' includes supplementary \n                payments pursuant to an agreement for Federal \n                administration under section 1616(a) of the Social \n                Security Act and payments pursuant to an agreement \n                entered into under section 212(b) of Public Law 93-66.\n    (c) Conforming Amendment.--Section 201(c) of the Social Security \nIndependence and Program Improvements Act of 1994 (42 U.S.C. 425 note) \nis repealed.\n    (d) Supplemental Funding for Alcohol and Substance Abuse Treatment \nPrograms.--\n            (1) In general.--Out of any money in the Treasury not \n        otherwise appropriated, there are hereby appropriated to \n        supplement State and Tribal programs funded under section 1933 \n        of the Public Health Service Act (42 U.S.C. 300x-33), \n        $100,000,000 for each of the fiscal years 1997 and 1998.\n            (2) Additional funds.--Amounts appropriated under paragraph \n        (1) shall be in addition to any funds otherwise appropriated \n        for allotments under section 1933 of the Public Health Service \n        Act (42 U.S.C. 300x-33) and shall be allocated pursuant to such \n        section 1933.\n            (3) Use of funds.--A State or Tribal government receiving \n        an allotment under this subsection shall consider as \n        priorities, for purposes of expending funds allotted under this \n        subsection, activities relating to the treatment of the abuse \n        of alcohol and other drugs.\n                                 \nHR 2930 IH----2","title":""}
+{"_id":"c32","text":"SECTION 1. FINDINGS.\n\n    The Congress finds that:\n            (1) The United States must increase its supply of energy to \n        ensure a continuing prosperous economy and high standard of \n        life.\n            (2) We currently rely heavily on imports of energy supplies \n        from foreign nations and utilize large quantities of carbon \n        fuels for electricity generation.\n            (3) Hydropower is a domestic energy source which currently \n        produces 92,000 megawatts of electricity per year, a figure \n        representing 10 percent of the generation capacity in the \n        United States.\n            (4) The Energy Information Agency estimates that, of the \n        75,000 dams in the United States, only 2,400 or three percent \n        of these dams currently produce electricity.\n            (5) The Energy Information Agency further estimates that \n        there are approximately 21,300 megawatts of undeveloped \n        capacity at existing dams.\n            (6) New technology allows this energy to be utilized with \n        little or no environmental effect by adding new turbines to \n        existing dams and improving the efficiency of existing \n        turbines.\n            (7) Hydropower produces electricity without producing \n        hazardous waste or air pollutants.\n            (8) The 92,000 megawatts of electricity currently generated \n        by hydropower avoid the annual emission of 4.75 million tons of \n        sulfur dioxide and 2 million tons of nitrous oxide by \n        eliminating the need to burn 345 million tons of coal.\n            (9) Hydropower is a renewable energy source which, because \n        of the natural hydrologic cycle, will continue to be available \n        in perpetuity.\n\nSEC. 2. CONSTITUTIONAL AUTHORITY.\n\n    The Constitutional authority on which this Act rests is the power \nof Congress to make all laws which shall be necessary and proper as \nenumerated in article I, section 8 of the United States Constitution.\n\nSEC. 3. HYDROELECTRIC PRODUCTION INCENTIVES.\n\n    (a) Incentive Payments.--For electric energy generated and sold by \na qualified hydroelectric facility during the incentive period, the \nSecretary of Energy (referred to in this section as the ``Secretary'') \nshall make, subject to the availability of appropriations, incentive \npayments to the owner or operator of such facility. The amount of such \npayment made to any such owner or operator shall be as determined under \nsubsection (e) of this section. Payments under this section may only be \nmade upon receipt by the Secretary of an incentive payment application \nwhich establishes that the applicant is eligible to receive such \npayment and which satisfies such other requirements as the Secretary \ndeems necessary. Such application shall be in such form, and shall be \nsubmitted at such time, as the Secretary shall establish.\n    (b) Definitions.--For purposes of this section:\n            (1) Qualified hydroelectric facility.--The term ``qualified \n        hydroelectric facility'' means a turbine or other generating \n        device owned or solely operated by a non-Federal entity which \n        generates hydroelectric energy for sale and which is added to \n        an existing dam or conduit.\n            (2) Existing dam or conduit.--The term ``existing dam or \n        conduit'' means any dam or conduit the construction of which \n        was completed before the date of the enactment of this section \n        and which does not require any construction or enlargement of \n        impoundment or diversion structures (other than repair or \n        reconstruction) in connection with the installation of a \n        turbine or other generating device.\n            (3) Conduit.--The term ``conduit'' has the same meaning as \n        when used in section 30(a)(2) of the Federal Power Act.\nThe terms defined in this subsection shall apply without regard to the \nhydroelectric kilowatt capacity of the facility concerned, without \nregard to whether the facility uses a dam owned by a governmental or \nnongovernmental entity, and without regard to whether the facility \nbegins operation on or after the date of the enactment of this section.\n    (c) Eligibility Window.--Payments may be made under this section \nonly for electric energy generated from a qualified hydroelectric \nfacility which begins operation during the period of 10 fiscal years \nbeginning with the first full fiscal year occurring after the date of \nenactment of this Act.\n    (d) Incentive Period.--A qualified hydroelectric facility may \nreceive payments under this section for a period of 10 fiscal years \n(referred to in this section as the ``incentive period''). Such period \nshall begin with the fiscal year in which electric energy generated \nfrom the facility is first eligible for such payments.\n    (e) Amount of Payment.--\n            (1) In general.--Payments made by the Secretary under this \n        section to the owner or operator of a qualified hydroelectric \n        facility shall be based on the number of kilowatt hours of \n        hydroelectric energy generated by the facility during the \n        incentive period. For any such facility, the amount of such \n        payment shall be 1.5 cents per kilowatt hour (adjusted as \n        provided in paragraph (2)), subject to the availability of \n        appropriations under subsection (g), except that no facility \n        may receive more than $1,000,000 in one calendar year.\n            (2) Adjustments.--The amount of the payment made to any \n        person under this section as provided in paragraph (1) shall be \n        adjusted for inflation for each fiscal year beginning after \n        calendar year 2005 in the same manner as provided in the \n        provisions of section 29(d)(2)(B) of the Internal Revenue Code \n        of 1986, except that in applying such provisions the calendar \n        year 2005 shall be substituted for calendar year 1979.\n    (f) Sunset.--No payment may be made under this section to any \nqualified hydroelectric facility after the expiration of the period of \n20 fiscal years beginning with the first full fiscal year occurring \nafter the date of enactment of this Act, and no payment may be made \nunder this section to any such facility after a payment has been made \nwith respect to such facility for a period of 10 fiscal years.\n    (g) Authorization of Appropriations.--There are authorized to be \nappropriated to the Secretary to carry out the purposes of this section \n$50,000,000 for each of the fiscal years 2006 through 2015.\n\nSEC. 4. HYDROELECTRIC EFFICIENCY IMPROVEMENT.\n\n    (a) Incentive Payments.--The Secretary of Energy shall make \nincentive payments to the owners or operators of hydroelectric \nfacilities at existing dams to be used to make capital improvements in \nthe facilities that are directly related to improving the efficiency of \nsuch facilities by at least 3 percent.\n    (b) Limitations.--Incentive payments under this section shall not \nexceed 10 percent of the costs of the capital improvement concerned and \nnot more than one payment may be made with respect to improvements at a \nsingle facility. No payment in excess of $1,000,000 may be made with \nrespect to improvements at a single facility.\n    (c) Authorization.--There is authorized to be appropriated to carry \nout this section not more than $50,000,000 in each fiscal year after \nthe fiscal year 2005.\n\nSEC. 5. SMALL HYDROELECTRIC POWER PROJECTS.\n\n    Section 408(a)(6) of the Public Utility Regulatory Policies Act of \n1978 is amended by striking ``April 20, 1977'' and inserting ``March 4, \n2005''.\n\nSEC. 6. INCREASED HYDROELECTRIC GENERATION AT EXISTING FEDERAL \n              FACILITIES.\n\n    (a) In General.--The Secretary of Energy, in consultation with the \nSecretary of the Interior and Secretary of the Army, shall conduct \nstudies of the cost-effective opportunities to increase hydropower \ngeneration at existing federally-owned or operated water regulation, \nstorage, and conveyance facilities. Such studies shall be completed \nwithin two years after the date of enactment of this Act and \ntransmitted to the Committee on Commerce of the House of \nRepresentatives and the Committee on Energy and Natural Resources of \nthe Senate. An individual study shall be prepared for each of the \nNation's principal river basins. Each such study shall identify and \ndescribe with specificity the following matters:\n            (1) Opportunities to improve the efficiency of hydropower \n        generation at such facilities through, but not limited to, \n        mechanical, structural, or operational changes.\n            (2) Opportunities to improve the efficiency of the use of \n        water supplied or regulated by Federal projects where such \n        improvement could, in the absence of legal or administrative \n        constraints, make additional water supplies available for \n        hydropower generation or reduce project energy use.\n            (3) Opportunities to create additional hydropower \n        generating capacity at existing facilities through, but not \n        limited to, the construction of additional generating \n        facilities, the uprating of generators and turbines, and the \n        construction of pumped storage facilities.\n            (4) Preliminary assessment of the costs and the economic \n        and environmental consequences of such measures.\n    (b) Previous Studies.--If studies of the type required by \nsubsection (a) have been prepared by any agency of the United States \nand published within the five years prior to the date of enactment of \nthis Act, the Secretary of Energy may choose not to perform new studies \nand incorporate the information in such studies into the studies \nrequired by subsection (a).\n    (c) Authorization.--There is authorized to be appropriated such \nsums as may be necessary to carry out the purposes of this section.\n\nSEC. 7. RENEWABLE ENERGY PRODUCTION INCENTIVES PROGRAM.\n\n    Section 1212 of the Energy Policy Act of 1992 is amended in \nsubsection (b) by inserting after ``and which'' the following ``is a \nsmall hydroelectric power project (as defined in section 408(a)(1) of \nthe Public Utility Regulatory Policies Act of 1978) or which''.","title":""}
+{"_id":"c320","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Nuclear Non-Proliferation Policy Act \nof 1993''.\n\nSEC. 2. FINDINGS.\n\n    The Congress makes the following findings:\n            (1) The United States has been a leader in seeking to \n        contain the spread of nuclear weapons technology and materials.\n            (2) With the end of the Cold War and the breakup of the \n        Soviet Union, the proliferation of nuclear weapons, especially \n        to countries in unstable regions, is now the leading military \n        threat to the national security of the United States and its \n        allies.\n            (3) The United Nations Security Council declared on January \n        31, 1992, that ``proliferation of all weapons of mass \n        destruction constitutes a threat to international peace and \n        security'' and committed to taking appropriate action to \n        prevent proliferation from occurring. The establishment of the \n        United Nations Special Commission on Iraq was an important \n        precedent to that end.\n            (4) Aside from the 5 declared nuclear weapon states, a \n        number of other nations have or are pursuing nuclear weapons \n        capabilities.\n            (5) Regional nuclear arms races pose perhaps the most \n        likely prospect for the future use of nuclear weapons.\n            (6) The break-up of the Soviet Union has increased the \n        threat of nuclear proliferation.\n            (7) In May 1992, Ukraine, Belarus, and Kazakhstan signed \n        the protocols to START I and committed to acceding to the \n        Nuclear Non-Proliferation Treaty as non-nuclear weapon states \n        ``in the shortest possible time''.\n            (8) Iraq had a substantial, clandestine nuclear weapons \n        program which went undetected by the International Atomic \n        Energy Agency (IAEA) inspection process and was greatly \n        assisted by dual-use exports from western countries, including \n        the United States.\n            (9) North Korea's statement of intent to withdraw from the \n        Nuclear Non-Proliferation Treaty, and its refusal to allow IAEA \n        inspections of all of its known and suspected nuclear \n        facilities, are unprecedented actions which could greatly \n        undermine efforts to stop nuclear proliferation.\n            (10) Brazil and Argentina had substantial programs to build \n        nuclear weapons and South Africa has admitted developing and \n        building 6 nuclear weapons, but in response to reduced regional \n        tensions and other factors, all 3 countries have renounced \n        nuclear weapons and accepted IAEA safeguards for all of their \n        nuclear facilities, and South Africa has acceded to the Non-\n        Proliferation Treaty as a non-nuclear weapon state.\n            (11) United States security interests and current policy \n        and practices are consistent with the terms of the South \n        Pacific Nuclear Free Zone Treaty which, like nuclear weapons \n        free zones in Latin America, South Asia, and the Middle East \n        that the United States supports, can contribute to efforts to \n        avoid regional conflicts and prevent arms races.\n            (12) The IAEA is a valuable tool to counter proliferation, \n        but the effectiveness of its system to safeguard nuclear \n        materials may be adversely affected by institutional and \n        financial constraints.\n            (13) The Nuclear Non-Proliferation Treaty, which codifies \n        world consensus against further nuclear proliferation and is \n        scheduled for review and extension in 1995, should be expanded \n        in membership and extended indefinitely, and additional steps \n        should be taken to strengthen the international nuclear \n        nonproliferation regime.\n            (14) The Nuclear Nonproliferation Act of 1978 declared that \n        the United States is committed to continued strong support for \n        the Nuclear Non-Proliferation Treaty and to a strengthened and \n        more effective IAEA, and established that it is United States \n        policy to establish more effective controls over the transfer \n        of nuclear equipment, materials, and technology.\n            (15) The goal of the United States is to end the further \n        spread of nuclear weapons capability, roll back nuclear \n        proliferation where it has occurred, and prevent the use of \n        nuclear weapons anywhere in the world. To that end the United \n        States should adopt a comprehensive nuclear nonproliferation \n        policy.\n\nSEC. 3. COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY.\n\n    In order to end nuclear proliferation and reduce current nuclear \narsenals and supplies of weapons-usable nuclear materials, it shall be \nthe policy of the United States to pursue the following objectives:\n            (1) Encourage Ukraine to join Kazakhstan and Belarus in \n        ratifying the START I treaty and encourage Ukraine and \n        Kazakhstan to join Belarus in voting to accede to the Nuclear \n        Non-Proliferation Treaty as non-nuclear weapon states in the \n        shortest possible time.\n            (2) Encourage Belarus, Ukraine, and Kazakhstan to remove \n        all nuclear weapons from their territory, accept IAEA \n        safeguards over all of their nuclear facilities, and implement \n        effective controls on nuclear and nuclear-related dual-use \n        exports.\n            (3) Reach an agreement with the Russian Federation--\n                    (A) to deactivate and retire from field deployment \n                on an accelerated schedule all weapons to be withdrawn \n                under the START I treaty and the START II treaty;\n                    (B) on data exchanges and inspection arrangements \n                to verify the elimination of all nuclear weapons \n                scheduled to be withdrawn under the START I treaty and \n                the START II treaty; and\n                    (C) to place all fissile material from such weapons \n                under bilateral or international controls, or both.\n            (4) Prepare for the ratification of the START II treaty by \n        seeking the exchange of information between the United States \n        and the Russian Federation on nuclear weapons stockpiles and \n        fissile material facilities and inventories as required by the \n        United States Senate as a condition to its approval of the \n        START I Treaty.\n            (5) Conclude a multilateral comprehensive nuclear test ban \n        treaty by early 1995, before the conference to renew and extend \n        the Nuclear Non-Proliferation Treaty is held.\n            (6) Ratify the START II treaty in the United States and \n        encourage ratification of that treaty by the Russian \n        Federation, and reach agreement with the Russian Federation to \n        end the production of new types of nuclear warheads.\n            (7) Conclude a multilateral agreement to reduce the \n        strategic nuclear arsenals of the United States and the Russian \n        Federation to within a range of 1,000 to 2,000 each, with lower \n        levels for the United Kingdom, France, and the People's \n        Republic of China.\n            (8) Conclude additional multilateral agreements to \n        significantly and continuously reduce the nuclear arsenals of \n        all countries through a stage-by-stage process.\n            (9) Reach immediate agreement with the Russian Federation \n        to halt permanently the production of fissile material for \n        weapons purposes, and achieve worldwide agreements to--\n                    (A) end by 1995 the production of fissile material \n                for any purpose;\n                    (B) place existing stockpiles of such materials \n                under bilateral or international controls; and\n                    (C) require all countries to place all of their \n                nuclear facilities dedicated to peaceful purposes under \n                IAEA safeguards.\n            (10) Strengthen IAEA safeguards to more effectively verify \n        that countries are complying with their nonproliferation \n        commitments and provide the IAEA with the political, technical, \n        and financial support necessary to implement the necessary \n        safeguard reforms.\n            (11) Strengthen nuclear export controls in the United \n        States and other nuclear supplier nations, impose sanctions on \n        individuals, companies, and countries which contribute to \n        nuclear proliferation, and provide increased public information \n        on nuclear export licenses approved in the United States.\n            (12) Reduce incentives for countries to pursue the \n        acquisition of nuclear weapons by seeking to reduce regional \n        tensions and to strengthen regional security agreements, and \n        encourage the United Nations Security Council to increase its \n        role in enforcing international nuclear nonproliferation \n        agreements.\n            (13) Support the indefinite extension of the Nuclear Non-\n        Proliferation Treaty at the 1995 conference to review and \n        extend that treaty and seek to ensure that all countries sign \n        the treaty or participate in a comparable international regime \n        for monitoring and safeguarding nuclear facilities and \n        materials.\n            (14) Adopt a United States policy of ``no first use'' of \n        nuclear weapons, reach agreement with the other nuclear weapon \n        states to adopt such a policy and to assist immediately any \n        country which is a party to the Nuclear Non-Proliferation \n        Treaty should the use of nuclear weapons be initiated against \n        such country.\n            (15) Conclude a verifiable bilateral agreement with the \n        Russian Federation under which both countries withdraw from \n        their arsenals and dismantle all tactical nuclear weapons, and \n        seek to extend to all nuclear weapon states this zero option \n        for tactical nuclear weapons.\n            (16) Sign the appropriate protocols to the South Pacific \n        Nuclear Free Zone Treaty.\n\nSEC. 4. REQUIREMENTS FOR IMPLEMENTATION OF POLICY.\n\n    (a) Report to Congress.--Not later than 180 days after the date of \nthe enactment of this Act, and not later than February 1 of each year \nthereafter, the President shall submit to the Congress a report on--\n            (1) the actions the United States has taken and the actions \n        the United States plans to take during the succeeding 12-month \n        period to implement each of the policy objectives set forth in \n        this Act;\n            (2) actions which have been taken by the Russian \n        Federation, by the other former Soviet republics, and by other \n        countries and institutions to achieve those policy objectives; \n        and\n            (3) obstacles that have been encountered in seeking to \n        implement those policy objectives.\nEach such report shall be submitted in unclassified form, with a \nclassified appendix if necessary.\n    (b) Report on Nuclear Stockpile Information.--The President shall \nsubmit a report to the Congress on the specific actions that have been \ntaken and those that are planned to comply with Condition 8 concerning \nthe ``Nuclear Stockpile Weapons Arrangement'' of the Senate resolution \nof ratification of the START I treaty (Treaty Doc. 102-20 and 102-32).\n\nSEC. 5. DEFINITIONS.\n\n    As used in this Act--\n            (1) the term ``fissile materials'' means highly enriched \n        uranium and plutonium;\n            (2) the term ``highly enriched uranium'' means uranium \n        enriched to 20 percent or more in the isotope U-235;\n            (3) the term ``IAEA'' means the International Atomic Energy \n        Agency;\n            (4) the term ``IAEA safeguards'' means the safeguards set \n        forth in an agreement between a country and the IAEA, as \n        authorized by Article III(A)(5) of the Statute of the \n        International Atomic Energy Agency;\n            (5) a policy of ``no first use'' of nuclear weapons means a \n        commitment not to initiate the use of nuclear weapons;\n            (6) the term ``non-nuclear weapon state'' means any country \n        that is not a nuclear weapon state;\n            (7) the term ``Nuclear Non-Proliferation Treaty'' means the \n        Treaty on the Non-Proliferation of Nuclear Weapons, signed at \n        Washington, London, and Moscow on July 1, 1968;\n            (8) the term ``nuclear weapon state'' means any country \n        that is a nuclear-weapon state, as defined by Article IX(3) of \n        the Treaty on the Non-Proliferation of Nuclear Weapons, signed \n        at Washington, London, and Moscow on July 1, 1968;\n            (9) the term ``START I treaty'' means the Treaty on the \n        Reduction of Strategic Offensive Arms, signed by the United \n        States and the Union of Soviet Socialist Republics on July 31, \n        1991; and\n            (10) the term ``START II treaty'' means the Treaty on \n        Further Reductions and Limitations of Strategic Offensive Arms, \n        signed by the United States and the Russian Federation on \n        January 3, 1993.","title":""}
+{"_id":"c321","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Nuclear Security Act of 2003''.\n\nSEC. 2. DEFINITIONS.\n\n    Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is \namended--\n            (1) by redesignating subsection jj. as subsection ii.; and\n            (2) by adding at the end the following:\n    ``jj. Design Basis Threat.--The term `design basis threat' means \nthe design basis threat established by the Commission under section \n73.1 of title 10, Code of Federal Regulations (or any successor \nregulation developed under section 170C).\n    ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear \nfacility' means--\n            ``(1) a commercial nuclear power plant and associated spent \n        fuel storage facility;\n            ``(2) a decommissioned nuclear power plant and associated \n        spent fuel storage facility;\n            ``(3) a category I fuel cycle facility;\n            ``(4) a gaseous diffusion plant; and\n            ``(5) any other facility licensed by the Commission, or \n        used in the conduct of an activity licensed by the Commission, \n        that the Commission determines should be treated as a sensitive \n        nuclear facility under section 170C.''.\n\nSEC. 3. NUCLEAR SECURITY.\n\n    (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42 \nU.S.C. 2201 et seq.) is amended by adding at the end the following:\n\n``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE \n              DESIGN BASIS THREAT.\n\n    ``(a) Definitions.--In this section:\n            ``(1) Nuclear security force.--The term `nuclear security \n        force' means the nuclear security force established under \n        subsection (b)(1).\n            ``(2) Fund.--The term `Fund' means the Nuclear Security \n        Fund established under subsection (e).\n            ``(3) Qualification standard.--The term `qualification \n        standard' means a qualification standard established under \n        subsection (d)(2)(A).\n            ``(4) Security plan.--The term `security plan' means a \n        security plan developed under subsection (b)(2).\n    ``(b) Nuclear Security.--The Commission shall--\n            ``(1) establish a nuclear security force, the members of \n        which shall be employees of the Commission, to provide for the \n        security of all sensitive nuclear facilities against the design \n        basis threat; and\n            ``(2) develop and implement a security plan for each \n        sensitive nuclear facility to ensure the security of all \n        sensitive nuclear facilities against the design basis threat.\n    ``(c) Security Plans.--\n            ``(1) In general.--Not later than 180 days after the date \n        of enactment of this section, the Commission shall develop a \n        security plan for each sensitive nuclear facility to ensure the \n        protection of each sensitive nuclear facility against the \n        design basis threat.\n            ``(2) Elements of the plan.--A security plan shall \n        prescribe--\n                    ``(A) the deployment of the nuclear security force, \n                including--\n                            ``(i) numbers of the members of the nuclear \n                        security force at each sensitive nuclear \n                        facility;\n                            ``(ii) tactics of the members of the \n                        nuclear security force at each sensitive \n                        nuclear facility; and\n                            ``(iii) capabilities of the members of the \n                        nuclear security force at each sensitive \n                        nuclear facility;\n                    ``(B) other protective measures, including--\n                            ``(i) designs of critical control systems \n                        at each sensitive nuclear facility;\n                            ``(ii) restricted personnel access to each \n                        sensitive nuclear facility;\n                            ``(iii) perimeter site security, internal \n                        site security, and fire protection barriers;\n                            ``(iv) increases in protection for spent \n                        fuel storage areas;\n                            ``(v) placement of spent fuel in dry cask \n                        storage; and\n                            ``(vi) background security checks for \n                        employees and prospective employees; and\n                    ``(C) a schedule for completing the requirements of \n                the security plan not later than 18 months after the \n                date of enactment of this section.\n            ``(3) Additional requirements.--A holder of a license for a \n        sensitive nuclear facility under section 103 or 104 or the \n        State or local government in which a sensitive nuclear facility \n        is located may petition the Commission for additional \n        requirements in the security plan for the sensitive nuclear \n        facility.\n            ``(4) Implementation of security plan.--Not later than 270 \n        days after the date of enactment of this section, the \n        Commission, in consultation with a holder of a license for a \n        sensitive nuclear facility under section 103 or 104, shall, by \n        direct action of the Commission or by order requiring action by \n        the licensee, implement the security plan for the sensitive \n        nuclear facility in accordance with the schedule under \n        paragraph (2)(C).\n            ``(5) Sufficiency of security plan.--If at any time the \n        Commission determines that the implementation of the \n        requirements of the security plan for a sensitive nuclear \n        facility is insufficient to ensure the security of the \n        sensitive nuclear facility against the design basis threat, the \n        Commission shall immediately submit to Congress and the \n        President a classified report that--\n                    ``(A) identifies the vulnerability of the sensitive \n                nuclear facility; and\n                    ``(B) recommends actions by Federal, State, or \n                local agencies to eliminate the vulnerability.\n    ``(d) Nuclear Security Force.--\n            ``(1) In general.--Not later than 90 days after the date of \n        the enactment of this section, the Commission, in consultation \n        with other Federal agencies, as appropriate, shall establish a \n        program for the hiring and training of the nuclear security \n        force.\n            ``(2) Hiring.--\n                    ``(A) Qualification standards.--Not later than 30 \n                days after the date of enactment of this section, the \n                Commission shall establish qualification standards that \n                individuals shall be required to meet to be hired by \n                the Commission as members of the nuclear security \n                force.\n                    ``(B) Examination.--The Commission shall develop \n                and administer a nuclear security force personnel \n                examination for use in determining the qualification of \n                individuals seeking employment as members of the \n                nuclear security force.\n                    ``(C) Criminal and security background checks.--The \n                Commission shall require that an individual to be hired \n                as a member of the nuclear security force undergo a \n                criminal and security background check.\n                    ``(D) Disqualification of individuals who present \n                national security risks.--The Commission, in \n                consultation with the heads of other Federal agencies, \n                as appropriate, shall establish procedures, in addition \n                to any background check conducted under subparagraph \n                (B), to ensure that no individual who presents a threat \n                to national security is employed as a member of the \n                nuclear security force.\n            ``(3) Annual proficiency review.--\n                    ``(A) In general.--The Commission shall provide \n                that an annual evaluation of each member of the nuclear \n                security force is conducted and documented.\n                    ``(B) Requirements for continuation.--An individual \n                employed as a member of the nuclear security force may \n                not continue to be employed in that capacity unless the \n                evaluation under subparagraph (A) demonstrates that the \n                individual--\n                            ``(i) continues to meet all qualification \n                        standards;\n                            ``(ii) has a satisfactory record of \n                        performance and attention to duty; and\n                            ``(iii) has the knowledge and skills \n                        necessary to vigilantly and effectively provide \n                        for the security of a sensitive nuclear \n                        facility against the design basis threat.\n            ``(4) Training.--\n                    ``(A) In general.--The Commission shall provide for \n                the training of each member of the nuclear security \n                force to ensure each member has the knowledge and \n                skills necessary to provide for the security of a \n                sensitive nuclear facility against the design basis \n                threat.\n                    ``(B) Training plan.--Not later than 60 days after \n                the date of enactment of this section, the Commission \n                shall develop a plan for the training of members of the \n                nuclear security force.\n                    ``(C) Use of other agencies.--The Commission may \n                enter into a memorandum of understanding or other \n                arrangement with any other Federal agency with \n                appropriate law enforcement responsibilities, to \n                provide personnel, resources, or other forms of \n                assistance in the training of members of the nuclear \n                security force.\n    ``(e) Nuclear Security Fund.--\n            ``(1) Establishment.--There is established in the Treasury \n        of the United States a fund to be known as the `Nuclear \n        Security Fund', which shall be used by the Commission to \n        administer programs under this section to provide for the \n        security of sensitive nuclear facilities.\n            ``(2) Deposits in the fund.--The Commission shall deposit \n        in the Fund--\n                    ``(A) the amount of fees collected under paragraph \n                (5); and\n                    ``(B) amounts appropriated under subsection (f).\n            ``(3) Investment of amounts.--\n                    ``(A) In general.--The Secretary of the Treasury \n                shall invest such portion of the Fund as is not, in the \n                judgment of the Secretary of the Treasury, required to \n                meet current withdrawals. Investments may be made only \n                in interest-bearing obligations of the United States.\n                    ``(B) Acquisition of obligations.--For the purpose \n                of investments under subparagraph (A), obligations may \n                be acquired--\n                            ``(i) on original issue at the issue price; \n                        or\n                            ``(ii) by purchase of outstanding \n                        obligations at the market price.\n                    ``(C) Sale of obligations.--Any obligation acquired \n                by the Fund may be sold by the Secretary of the \n                Treasury at the market price.\n                    ``(D) Credits to fund.--The interest on, and the \n                proceeds from the sale or redemption of, any \n                obligations held in the Fund shall be credited to and \n                form a part of the Fund.\n            ``(4) Use of amounts in the fund.--The Commission shall use \n        amounts in the Fund to pay the costs of--\n                    ``(A) salaries, training, and other expenses of the \n                nuclear security force; and\n                    ``(B) developing and implementing security plans.\n            ``(5) Fee.--To ensure that adequate amounts are available \n        to provide assistance under paragraph (4), the Commission shall \n        assess licensees a fee in an amount determined by the \n        Commission.\n    ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as are necessary to carry out this section.''.\n    (b) Implementation.--The Commission shall complete the full \nimplementation of the amendment made by subsection (a) as soon as \npracticable after the date of enactment of this Act, but in no event \nlater than 270 days after the date of enactment of this Act.\n    (c) Technical and Conforming Amendment.--The table of contents for \nchapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is \namended by adding at the end the following:\n\n``170B. Uranium supply.\n``170C. Protection of sensitive nuclear facilities against the design \n                            basis threat.''.","title":""}
+{"_id":"c322","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Nurturing And Supporting Healthy \nBabies Act'' or as the ``NAS Healthy Babies Act''.\n\nSEC. 2. GAO REPORT ON NEONATAL ABSTINENCE SYNDROME (NAS).\n\n    (a) In General.--Not later than 1 year after the date of the \nenactment of this Act, the Comptroller General of the United States \nshall submit to the Committee on Energy and Commerce of the House of \nRepresentatives and the Committee on Finance and the Committee on \nHealth, Education, Labor and Pensions of the Senate a report on \nneonatal abstinence syndrome (in this section referred to as ``NAS'') \nin the United States.\n    (b) Information To Be Included in Report.--Such report shall \ninclude information on the following:\n            (1) The prevalence of NAS in the United States, including \n        the proportion of children born in the United States with NAS \n        who are eligible for medical assistance under State Medicaid \n        programs under title XIX of the Social Security Act at birth \n        and the costs associated with NAS through such programs.\n            (2) The services for which coverage is available under \n        State Medicaid programs for treatment of infants with NAS.\n            (3) The settings (including inpatient, outpatient, \n        hospital-based, and other settings) for the treatment of \n        infants with NAS and the reimbursement methodologies and costs \n        associated with such treatment in such settings.\n            (4) The prevalence of utilization of various care settings \n        under State Medicaid programs for treatment of infants with NAS \n        and any Federal barriers to treating such infants under such \n        programs, particularly in non-hospital-based settings.\n            (5) What is known about best practices for treating infants \n        with NAS.\n    (c) Recommendations.--Such report also shall include such \nrecommendations as the Comptroller General determines appropriate for \nimprovements that will ensure access to treatment for infants with NAS \nunder State Medicaid programs.\n\nSEC. 3. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION DRUGS \n              FROM THE MEDICAID ADDITIONAL REBATE REQUIREMENT FOR NEW \n              FORMULATIONS OF PRESCRIPTION DRUGS.\n\n    (a) In General.--The last sentence of section 1927(c)(2)(C) of the \nSocial Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by \ninserting before the period at the end the following: ``, but does not \ninclude an abuse-deterrent formulation of the drug (as determined by \nthe Secretary), regardless of whether such abuse-deterrent formulation \nis an extended release formulation''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \napply to drugs that are paid for by a State in calendar quarters \nbeginning on or after the date of the enactment of this Act.\n\nSEC. 4. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS \n              TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND \n              ABUSE.\n\n    (a) In General.--Title XI of the Social Security Act is amended by \ninserting after section 1128J (42 U.S.C. 1320a-7k) the following new \nsection:\n\n``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS \n              TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND \n              ABUSE.\n\n    ``(a) Reference to Predictive Modeling Technologies Requirements.--\nFor provisions relating to the use of predictive modeling and other \nanalytics technologies to identify and prevent waste, fraud, and abuse \nwith respect to the Medicare program under title XVIII, the Medicaid \nprogram under title XIX, and the Children's Health Insurance Program \nunder title XXI, see section 4241 of the Small Business Jobs Act of \n2010 (42 U.S.C. 1320a-7m).\n    ``(b) Limiting Disclosure of Predictive Modeling Technologies.--In \nimplementing such provisions under such section 4241 with respect to \ncovered algorithms (as defined in subsection (c)), the following shall \napply:\n            ``(1) Nonapplication of foia.--The covered algorithms used \n        or developed for purposes of such section (including by the \n        Secretary or a State (or an entity operating under a contract \n        with a State)) shall be exempt from disclosure under section \n        552(b)(3) of title 5, United States Code.\n            ``(2) Limitation with respect to use and disclosure of \n        information by state agencies.--\n                    ``(A) In general.--A State agency may not use or \n                disclose covered algorithms used or developed for \n                purposes of such section except for purposes of \n                administering the State plan (or a waiver of the plan) \n                under the Medicaid program under title XIX or the State \n                child health plan (or a waiver of the plan) under the \n                Children's Health Insurance Program under title XXI, \n                including by enabling an entity operating under a \n                contract with a State to assist the State to identify \n                or prevent waste, fraud, and abuse with respect to such \n                programs.\n                    ``(B) Information security.--A State agency shall \n                have in effect data security and control policies that \n                the Secretary finds adequate to ensure the security of \n                covered algorithms used or developed for purposes of \n                such section 4241 and to ensure that access to such \n                information is restricted to authorized persons for \n                purposes of authorized uses and disclosures described \n                in subparagraph (A).\n                    ``(C) Procedural requirements.--State agencies to \n                which information is disclosed pursuant to such section \n                4241 shall adhere to uniform procedures established by \n                the Secretary.\n    ``(c) Covered Algorithm Defined.--In this section, the term \n`covered algorithm'--\n            ``(1) means a predictive modeling or other analytics \n        technology, as used for purposes of section 4241(a) of the \n        Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to \n        identify and prevent waste, fraud, and abuse with respect to \n        the Medicare program under title XVIII, the Medicaid program \n        under title XIX, and the Children's Health Insurance Program \n        under title XXI; and\n            ``(2) includes the mathematical expressions utilized in the \n        application of such technology and the means by which such \n        technology is developed.''.\n    (b) Conforming Amendments.--\n            (1) Medicaid state plan requirement.--Section 1902(a) of \n        the Social Security Act (42 U.S.C. 1396a(a)) is amended--\n                    (A) in paragraph (80), by striking ``and'' at the \n                end;\n                    (B) in paragraph (81), by striking the period at \n                the end and inserting ``; and''; and\n                    (C) by inserting after paragraph (81) the following \n                new paragraph:\n            ``(82) provide that the State agency responsible for \n        administering the State plan under this title provides \n        assurances to the Secretary that the State agency is in \n        compliance with subparagraphs (A), (B), and (C) of section \n        1128K(b)(2).''.\n            (2) State child health plan requirement.--Section \n        2102(a)(7) of the Social Security Act (42 U.S.C. 1397bb(a)(7)) \n        is amended--\n                    (A) in subparagraph (A), by striking ``, and'' at \n                the end and inserting a semicolon;\n                    (B) in subparagraph (B), by striking the period at \n                the end and inserting ``; and''; and\n                    (C) by adding at the end the following new \n                subparagraph:\n                    ``(C) to ensure that the State agency involved is \n                in compliance with subparagraphs (A), (B), and (C) of \n                section 1128K(b)(2).''.\n\nSEC. 5. MEDICAID IMPROVEMENT FUND.\n\n    Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w-\n1(b)(1)) is amended to read as follows:\n            ``(1) In general.--There shall be available to the Fund, \n        for expenditures from the Fund for fiscal year 2021 and \n        thereafter, $5,000,000.''.\n\n            Passed the House of Representatives May 11, 2016.\n\n            Attest:\n\n                                                 KAREN L. HAAS,\n\n                                                                 Clerk.","title":""}
+{"_id":"c323","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Office of Government Ethics \nAuthorization Act of 1996''.\n\nSEC. 2. GIFT ACCEPTANCE AUTHORITY.\n\n    Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App. \n5) is amended--\n        (1) by inserting ``(a)'' before ``Upon the request''; and\n        (2) by adding at the end the following:\n    ``(b)(1) The Director is authorized to accept and utilize on behalf \nof the United States, any gift, donation, bequest, or devise of money, \nuse of facilities, personal property, or services for the purpose of \naiding or facilitating the work of the Office of Government Ethics.\n    ``(2) No gift may be accepted--\n        ``(A) that attaches conditions inconsistent with applicable \n    laws or regulations; or\n        ``(B) that is conditioned upon or will require the expenditure \n    of appropriated funds that are not available to the Office of \n    Government Ethics.\n    ``(3) The Director shall establish written rules setting forth the \ncriteria to be used in determining whether the acceptance of \ncontributions of money, services, use of facilities, or personal \nproperty under this subsection would reflect unfavorably upon the \nability of the Office of Government Ethics, or any employee of such \nOffice, to carry out its responsibilities or official duties in a fair \nand objective manner, or would compromise the integrity or the \nappearance of the integrity of its programs or any official involved in \nthose programs.''.\n\nSEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.\n\n    The text of section 405 of the Ethics in Government Act of 1978 (5 \nU.S.C. App. 5) is amended to read as follows: ``There are authorized to \nbe appropriated to carry out this title such sums as may be necessary \nfor each of fiscal years 1997 through 1999.''.\n\nSEC. 4. REPEAL AND CONFORMING AMENDMENTS.\n\n    (a) Repeal of Display Requirement.--The Act entitled ``An Act to \nprovide for the display of the Code of Ethics for Government Service,'' \napproved July 3, 1980 (5 U.S.C. 7301 note), is repealed.\n    (b) Conforming Amendments.--\n        (1) FDIA.--Section 12(f)(3) of the Federal Deposit Insurance \n    Act (12 U.S.C. 1822(f)(3)) is amended by striking ``, with the \n    concurrence of the Office of Government Ethics,''.\n        (2) Ethics in government act of 1978.--(A) The heading for \n    section 401 of the Ethics in Government Act of 1978 is amended to \n    read as follows:\n\n\n               ``ESTABLISHMENT; APPOINTMENT OF DIRECTOR''.\n\n        (B) Section 408 of such Act is amended by striking ``March 31'' \n    and inserting ``April 30''.\n\nSEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.\n\n    Section 207(j) of title 18, United States Code, is amended by \nadding at the end the following new paragraph:\n        ``(7) Political parties and campaign committees.--(A) Except as \n    provided in subparagraph (B), the restrictions contained in \n    subsections (c), (d), and (e) shall not apply to a communication or \n    appearance made solely on behalf of a candidate in his or her \n    capacity as a candidate, an authorized committee, a national \n    committee, a national Federal campaign committee, a State \n    committee, or a political party.\n        ``(B) Subparagraph (A) shall not apply to--\n            ``(i) any communication to, or appearance before, the \n        Federal Election Commission by a former officer or employee of \n        the Federal Election Commission; or\n            ``(ii) a communication or appearance made by a person who \n        is subject to the restrictions contained in subsections (c), \n        (d), or (e) if, at the time of the communication or appearance, \n        the person is employed by a person or entity other than--\n                ``(I) a candidate, an authorized committee, a national \n            committee, a national Federal campaign committee, a State \n            committee, or a political party; or\n                ``(II) a person or entity who represents, aids, or \n            advises only persons or entities described in subclause \n            (I).\n        ``(C) For purposes of this paragraph--\n            ``(i) the term `candidate' means any person who seeks \n        nomination for election, or election, to Federal or State \n        office or who has authorized others to explore on his or her \n        behalf the possibility of seeking nomination for election, or \n        election, to Federal or State office;\n            ``(ii) the term `authorized committee' means any political \n        committee designated in writing by a candidate as authorized to \n        receive contributions or make expenditures to promote the \n        nomination for election, or the election, of such candidate, or \n        to explore the possibility of seeking nomination for election, \n        or the election, of such candidate, except that a political \n        committee that receives contributions or makes expenditures to \n        promote more than 1 candidate may not be designated as an \n        authorized committee for purposes of subparagraph (A);\n            ``(iii) the term `national committee' means the \n        organization which, by virtue of the bylaws of a political \n        party, is responsible for the day-to-day operation of such \n        political party at the national level;\n            ``(iv) the term `national Federal campaign committee' means \n        an organization that, by virtue of the bylaws of a political \n        party, is established primarily for the purpose of providing \n        assistance, at the national level, to candidates nominated by \n        that party for election to the office of Senator or \n        Representative in, or Delegate or Resident Commissioner to, the \n        Congress;\n            ``(v) the term `State committee' means the organization \n        which, by virtue of the bylaws of a political party, is \n        responsible for the day-to-day operation of such political \n        party at the State level;\n            ``(vi) the term `political party' means an association, \n        committee, or organization that nominates a candidate for \n        election to any Federal or State elected office whose name \n        appears on the election ballot as the candidate of such \n        association, committee, or organization; and\n            ``(vii) the term `State' means a State of the United \n        States, the District of Columbia, the Commonwealth of Puerto \n        Rico, and any territory or possession of the United States.''.\n\nSEC. 6. PAY LEVEL.\n\n    Section 207(c)(2)(A)(ii) of title 18, United States Code, is \namended by striking ``level V of the Executive Schedule,'' and \ninserting ``level 5 of the Senior Executive Service,''.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c324","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Oklahoma City Victims Compensation \nAct''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds that--\n            (1) on April 19, 1995, Public Law 100-440 set a minimum \n        staffing level of Federal Police Officers at 1,000 Full Time \n        Equivalent personnel for the Federal Protective Service;\n            (2) on April 19, 1995, and before the Federal Protective \n        Service and its parent agency the General Services \n        Administration was charged with providing security and law \n        enforcement for Federal properties;\n            (3) on April 19, 1995, and before that the Federal \n        Protective Service failed to meet the required minimum staffing \n        level by a significant margin in excess of 60 percent of the \n        mandate;\n            (4) on April 29, 1995, and before the Federal Protective \n        Service provided only one non-law enforcement guard for three \n        or more buildings (including the Murrah Federal Building) in \n        the downtown area of Oklahoma City;\n            (5) on April 19, 1995, and before the Federal Protective \n        Service and its parent Agency the General Services \n        Administration were aware of the noncompliance with Public Law \n        100-440 and the possible liabilities resulting therefrom;\n            (6) on April 19, 1995, and before the Federal Protective \n        Service and its parent Agency the General Services \n        Administration failed to provide adequate protection and \n        deterrence to Federal properties; and\n            (7) on April 19, 1995, the Federal Protective Service and \n        its parent agency the General Services Administration were \n        negligent in the provision of law enforcement personnel and the \n        security needs of the Murrah Federal Building in Oklahoma City, \n        Oklahoma.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act the following definitions apply:\n            (1) Claimant.--The term ``claimant'' means an individual \n        filing a claim for compensation under section 5(a)(1).\n            (2) Collateral source.--The term ``collateral source'' \n        means all collateral sources, including life insurance, pension \n        funds, death benefit programs, and payments by Federal, State, \n        or local governments related to the bombings of the Murrah \n        Federal Building on April 19, 1995.\n            (3) Economic loss.--The term ``economic loss'' means any \n        pecuniary loss resulting from harm (including the loss of \n        earnings or other benefits related to employment, medical \n        expense loss, replacement services loss, loss due to death, \n        burial costs, and loss of business or employment opportunities) \n        to the extent recovery for such loss is allowed under \n        applicable State law.\n            (4) Eligible individuals.--The term ``eligible \n        individuals'' means an individual determined to be eligible for \n        compensation under section 5(c).\n            (5) Noneconomic losses.--The term ``noneconomic losses'' \n        means losses for physical and emotional pain, suffering, \n        inconvenience, physical impairment, mental anguish, \n        disfigurement, loss of enjoyment of life, loss of society and \n        companionship, loss of consortium (other than loss of domestic \nservice), hedonic damages, injury to reputation, and all other \nnonpecuniary losses of any kind or nature.\n            (6) Special master.--The term ``Special Master'' means the \n        Special Master appointed under section 404(a) of the September \n        11th Victim Compensation Fund of 2001 (title IV of the Air \n        Transportation Safety and System Stabilization Act (Public Law \n        107-42; 115 Stat. XX)).\n\nSEC. 4. PURPOSE.\n\n    It is the purpose of this Act to provide compensation to any \nindividual (or relatives of a deceased individual) who was physically \ninjured or killed as a result of the bombing of the Murrah Federal \nBuilding in Oklahoma City, Oklahoma, on April 19, 1995.\n\nSEC. 5. ADMINISTRATION.\n\n    (a) In General.--The Attorney General, acting through the Special \nMaster, shall--\n            (1) administer the compensation program established under \n        this Act;\n            (2) promulgate all procedural and substantive rules for the \n        administration of this Act; and\n            (3) employ and supervise hearing officers and other \n        administrative personnel to perform the duties of the Special \n        Master under this Act.\n    (b) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to pay the administrative \nand support costs for the Special Master in carrying out this Act.\n\nSEC. 6. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.\n\n    (a) Filing of Claims.--\n            (1) In general.--A claimant may file a claim for \n        compensation under this Act with the Special Master. The claim \n        shall be on the form developed under paragraph (2) and shall \n        state the factual basis for eligibility for compensation and \n        the amount of compensation sought.\n            (2) Claim form.--\n                    (A) In general.--The Special Master shall develop a \n                claim form that claimants shall use when submitting \n                claims under paragraph (1). The Special Master shall \n                ensure that such form can be filed electronically, if \n                determined to be practicable.\n                    (B) Contents.--The form developed under \n                subparagraph (A) shall request--\n                            (i) information from the claimant \n                        concerning the physical harm that the claimant \n                        suffered, or in the case of a claim filed on \n                        behalf of a decedent information confirming the \n                        decedent's death, as a result of the bombing of \n                        the Murrah Federal Building in Oklahoma City, \n                        Oklahoma, on April 19, 1995;\n                            (ii) information from the claimant \n                        concerning any possible economic and \n                        noneconomic losses that the claimant suffered \n                        as a result of such bombings; and\n                            (iii) information regarding collateral \n                        sources of compensation the claimant has \n                        received or is entitled to receive as a result \n                        of such bombings.\n            (3) Limitation.--No claim may be filed under paragraph (1) \n        after the date that is 2 years after the date on which \n        regulations are promulgated under section 8.\n    (b) Review and Determination.--\n            (1) Review.--The Special Master shall review a claim \n        submitted under subsection (a) and determine--\n                    (A) whether the claimant is an eligible individual \n                under subsection (c);\n                    (B) with respect to a claimant determined to be an \n                eligible individual--\n                            (i) the extent of the harm to the claimant, \n                        including any economic and noneconomic losses; \n                        and\n                            (ii) the amount of compensation to which \n                        the claimant is entitled based on the harm to \n                        the claimant, the facts of the claim, and the \n                        individual circumstances of the claimant.\n            (2) Negligence.--With respect to a claimant, the Special \n        Master shall not consider negligence or any other theory of \n        liability.\n            (3) Determination.--Not later than 120 days after that date \n        on which a claim is filed under subsection (a), the Special \n        Master shall complete a review, make a determination, and \n        provide written notice to the claimant, with respect to the \n        matters that were the subject of the claim under review. Such a \n        determination shall be final and not subject to judicial \n        review.\n            (4) Rights of claimant.--A claimant in a review under \n        paragraph (1) shall have--\n                    (A) the right to be represented by an attorney;\n                    (B) the right to present evidence, including the \n                presentation of witnesses and documents; and\n                    (C) any other due process rights determined \n                appropriate by the Special Master.\n    (c) Eligibility.--\n            (1) In general.--A claimant shall be determined to be an \n        eligible individual for purposes of this subsection if the \n        Special Master determines that such claimant--\n                    (A) is an individual described in paragraph (2); \n                and\n                    (B) meets the requirements of paragraph (3).\n            (2) Individuals.--A claimant is an individual described in \n        this paragraph if the claimant is--\n                    (A) a citizen of the United States or legal \n                permanent resident who--\n                            (i) was present at the Murrah Federal \n                        Building or within a two block radius of the \n                        Murrah Federal Building, at the time, or in the \n                        immediate aftermath, of the bombing of the \n                        Murrah Federal Building in Oklahoma City, \n                        Oklahoma, on April 19, 1995; and\n                            (ii) suffered physical harm or death as a \n                        result of such a bombing; or\n                    (B) in the case of a decedent who is an individual \n                described in subparagraph (A), the personal \n                representative of the decedent who files a claim on \n                behalf of the decedent.\n            (3) Requirements.--\n                    (A) Single claim.--Not more than one claim may be \n                submitted under this Act by an individual or on behalf \n                of a deceased individual.\n                    (B) Limitation on civil action.--\n                            (i) In general.--Upon the submission of a \n                        claim under this Act, the claimant waives the \n                        right to file a civil action (or to be a party \n                        to an action) in any Federal or State court for \n                        damages sustained as a result of the bombing of \n                        the Murrah Federal Building in Oklahoma City, \n                        Oklahoma, on April 19, 1995. The preceding \n                        sentence does not apply to a civil action to \n                        recover collateral source obligations or \n                        punitive damages.\n                            (ii) Pending actions.--In the case of an \n                        individual who is a party to a civil action \n                        described in clause (i), such individual may \n                        not submit a claim under this Act unless such \n                        individual withdraws from such action by the \n                        date that is 90 days after the date on which \n                        regulations are promulgated under section 7.\n\nSEC. 7. PAYMENTS TO ELIGIBLE INDIVIDUALS.\n\n    (a) In general.--Not later than 20 days after the date on which a \ndetermination is made by the Special Master regarding the amount of \ncompensation due a claimant under this Act, the Special Master shall \nauthorize payment to such claimant of the amount determined with \nrespect to the claimant.\n    (b) Payment Authority.--This Act constitutes budget authority in \nadvance of appropriations Acts and represents the obligation of the \nFederal Government to provide for the payment of amounts for \ncompensation under this Act.\n    (c) Additional Funding.--\n            (1) In general.--The Attorney General is authorized to \n        accept such amounts as may be contributed by individuals, \n        business concerns, or other entities to carry out this Act, \n        under such terms and conditions as the Attorney General may \n        impose.\n            (2) Use of separate account.--In making payments under this \n        section, amounts contained in any account containing funds \n        provided under paragraph (1) shall be used prior to using \n        appropriated amounts.\n\nSEC. 8. REGULATIONS.\n\n    Not later than 90 days after the date of enactment of this Act, the \nAttorney General, in consultation with the Special Master, shall \npromulgate regulations to carry out this Act, including regulations \nwith respect to--\n            (1) forms to be used in submitting claims under this Act;\n            (2) the information to be included in such forms;\n            (3) procedures for hearing and the presentation of \n        evidence;\n            (4) procedures to assist an individual in filing and \n        pursuing claims under this Act; and\n            (5) other matters determined appropriate by the Attorney \n        General.\n\nSEC. 9. RIGHT OF SUBROGATION.\n\n    The United States shall have the right of subrogation with respect \nto any claim paid by the United States under this Act.","title":""}
+{"_id":"c325","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Opportunities for Success Act of \n2013''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Internships are increasingly important to the ability \n        of college students to gain skills, make professional \n        connections, and find jobs after graduation.\n            (2) In 2011, according to the National Association of \n        Colleges and Employers, employers offered full-time positions \n        to 61.2 percent of their interns with an acceptance rate of \n        86.5 percent.\n            (3) Many students struggle to make ends meet; 66 percent of \n        young community college students dedicate more than 20 hours a \n        week to an outside job, and the need of many students to \n        maintain a part-time or full-time job reduces or eliminates the \n        time available for an internship.\n            (4) Internships often require significant time commitments \n        or temporary relocation, which many students are unable to \n        afford; these additional living expenses include housing, \n        meals, and travel, and these costs make unpaid internships with \n        employers like non-profit organizations and government even \n        more inaccessible for those with low and middle incomes.\n            (5) In 2011, 46 percent of students who had completed an \n        internship were offered jobs, compared with 31 percent of \n        students who did not complete an internship; more than 76 \n        percent of employers rank relevant experience as the most \n        important quality when hiring.\n            (6) Many university officials and employers acknowledge \n        that participating in an undergraduate internship is extremely \n        helpful for finding meaningful employment in today's job \n        market.\n\nSEC. 3. OPPORTUNITIES FOR SUCCESS PROGRAM.\n\n    (a) Program Authorized.--From the amounts made available to carry \nout this Act, the Secretary of Education shall establish a grant \nprogram to award grants to qualifying educational institutions in \naccordance with this section in order to support eligible students \nattending such institutions during internships.\n    (b) Application.--To receive a grant under this section, a \nqualifying educational institution shall submit to the Secretary an \napplication at such time, in such manner, and containing such \ninformation as the Secretary may require.\n    (c) Use of Funds by Qualifying Educational Institutions.--A \nqualifying educational institution receiving a grant under this section \nshall use the grant funds in accordance with the following:\n            (1) Activities.--Such institution may only use the grant to \n        fund internship awards in accordance with this section to \n        eligible students enrolled at the institution.\n            (2) Administration of internship awards.--Internship awards \n        made from the grant--\n                    (A) shall be administered by the financial aid \n                office of such institution; and\n                    (B) may be administered in conjunction with the \n                career development office and career center of such \n                institution.\n            (3) Prohibition on alteration of financial aid.--A \n        student's receipt of an internship award from a grant under \n        this section shall not be taken into account in determining the \n        need or eligibility of the student for financial assistance \n        under title IV of the Higher Education Act of 1965 (20 U.S.C. \n        1070 et seq.).\n            (4) Supplement not supplant.--Funds made available to carry \n        out this section shall be used to supplement, and not supplant, \n        other Federal and State funds available to carry out the \n        activities described in this section.\n            (5) Deadline for summer internships.--Such institution \n        shall make an award for a summer internship under this section \n        by June 30 of a calendar year preceding the first day of the \n        summer internship for that year.\n    (d) Calculating Award Amounts.--\n            (1) Amount to qualifying educational institutions.--\n                    (A) In general.--In determining a grant amount for \n                a qualifying educational institution under this \n                section, the Secretary shall ensure that the \n                institution's grant is equal to an amount that bears \n                the same relationship to the total funds available to \n                carry out this section for a fiscal year as the number \n                of eligible students enrolled at the institution (as \n                determined by the Secretary on the basis of the most \n                recent satisfactory data) bears to the total number of \n                eligible students enrolled at all qualifying \n                educational institutions, as so determined.\n                    (B) Reallocation.--If a qualifying educational \n                institution does not receive funds under this \n                paragraph, the Secretary shall reallocate such funds to \n                other qualifying educational institutions in the same \n                proportion funds are allocated under subparagraph (A).\n                    (C) Exception.--In the case of a qualifying \n                educational institution that does not award all of the \n                grant funds received under this section for a fiscal \n                year to eligible students in accordance with this \n                section, the Secretary, in awarding grants under this \n                section for the succeeding fiscal year--\n                            (i) shall reallocate the unused funds to \n                        other qualifying educational institutions in \n                        the same proportion funds are allocated under \n                        subparagraph (A); and\n                            (ii) may award such institution a grant in \n                        an amount that is less than the full grant \n                        amount such institution would have otherwise \n                        received under subparagraph (A) for such year.\n            (2) Student award parameters.--\n                    (A) Maximum student award.--A student receiving an \n                award of funds from a grant to a qualifying educational \n                institution under this section may not receive--\n                            (i) more than $5,000 from such grant if the \n                        award is for a full-time internship; and\n                            (ii) more than $2,500 from such grant if \n                        the award is for a part-time internship.\n                    (B) Calculation of student award.--\n                            (i) Unpaid internships.--\n                                    (I) Awards for in-school \n                                students.--Subject to subparagraph (A), \n                                in the case of a student receiving an \n                                award for an unpaid internship that \n                                occurs during a period of enrollment at \n                                the awarding qualifying educational \n                                institution, the amount of the award \n                                shall be, to the extent practicable, an \n                                amount based on the higher of--\n                                            (aa) the applicable Federal \n                                        minimum wage by each hour of \n                                        the internship; or\n                                            (bb) the applicable State \n                                        minimum wage of the State in \n                                        which the institution is \n                                        located by each hour of the \n                                        internship.\n                                    (II) Awards for students during \n                                summer and winter terms.--\n                                            (aa) In general.--Subject \n                                        to subparagraph (A), in the \n                                        case of a student receiving an \n                                        award for an unpaid internship \n                                        that occurs during a period of \n                                        nonattendance at the awarding \n                                        educational institution, the \n                                        amount of the award shall, to \n                                        the extent practicable, be an \n                                        amount that covers reasonable \n                                        cost of living expenses for the \n                                        student.\n                                            (bb) Reasonable cost of \n                                        living expenses.--For purposes \n                                        of item (aa), ``reasonable cost \n                                        of living expenses'' shall \n                                        include considerations of--\n\n                                                    (AA) the location \n                                                of the internship;\n\n                                                    (BB) the length of \n                                                the internship;\n\n                                                    (CC) travel costs \n                                                associated with the \n                                                internship;\n\n                                                    (DD) housing costs \n                                                during the duration of \n                                                the internship;\n\n                                                    (EE) meal costs \n                                                during the duration of \n                                                the internship; and\n\n                                                    (FF) whether the \n                                                internship is full-time \n                                                or part-time.\n\n                            (ii) Paid internships.--In the case of a \n                        student receiving an award for a paid \n                        internship, the amount of the award shall be \n                        determined by reducing the amount such student \n                        would receive for an unpaid internship as \n                        calculated under clause (i) by the amount of \n                        income that the internship will provide to the \n                        student.\n    (e) Awards Non-Taxable.--An award received by a student under this \nsection shall not be considered taxable income.\n    (f) Carry-Back Authorized.--A qualifying educational institution \nreceiving a grant under this section for a fiscal year may use such \ngrant funds to make internship awards under this section prior to the \nbeginning of the fiscal year, but after the end of the previous \nacademic year.\n    (g) Reports.--Not later than 1 year after the date of enactment of \nthis Act and each succeeding year in which the Secretary makes grants \nunder this section, the Secretary shall submit to Congress a report \ndetailing, with regard to grants made under this section for the \nprevious academic year--\n            (1) the percentage of students receiving internship funds \n        from grants under this section who, not later than 2 years \n        after graduating from a qualifying educational institution, are \n        hired in a field related to the internship for which the \n        students received such funds;\n            (2) the number of qualifying educational institutions \n        receiving grants under this section;\n            (3) the categories of qualifying educational institutions \n        (such as 4-year public institutions, 4-year private, nonprofit \n        institutions, 2-year public institutions, and 2-year private, \n        nonprofit institutions) receiving grants under this section;\n            (4) the number of students receiving internship funds from \n        grants under this section, and the degrees such students are \n        pursuing;\n            (5) the number of paid internships, and the number of \n        unpaid internships, funded by such grants;\n            (6) the locations of internships funded by such grants;\n            (7) the number of students who used internship funds \n        awarded under this section to complete an internship more than \n        60 miles from the qualifying educational institution that made \n        such award or that required the students to temporarily \n        relocate for the duration of the internship; and\n            (8) the types of internships (such as full-time summer \n        internships, part-time summer internship, or part-time semester \n        internships) completed by students receiving awards funded by \n        such grants.\n    (h) Regulations.--The Secretary shall prescribe such regulations as \nmay be necessary to carry out this section, including regulations that \nprovide guidance to qualifying educational institutions on how to \ndetermine whether an internship meets the requirements of subclauses \n(I) through (III) of subsection (i)(1)(F)(vi).\n    (i) Definitions.--For purposes of this section:\n            (1) Eligible student.--The term ``eligible student'' means \n        a student who--\n                    (A) is a full-time or half-time student (as such \n                terms are defined in section 668.2 of title 34, Code of \n                Federal Regulations (or a successor regulation));\n                    (B) is eligible for a Federal Pell Grant under \n                section 401 of the Higher Education Act of 1965 (20 \n                U.S.C. 1070a et seq.);\n                    (C) is enrolled at a qualifying educational \n                institution in a program of study that leads to an \n                associate's or bachelor's degree;\n                    (D) if the student has accepted an internship \n                during a period of nonattendance at a qualifying \n                educational institution--\n                            (i) demonstrates that the student is \n                        planning to re-enroll at such institution for \n                        the next period of enrollment at such \n                        institution by registering for such period of \n                        enrollment at the institution or accepting the \n                        institution's offer of admittance for such \n                        period of enrollment; and\n                            (ii) will be eligible for a Federal Pell \n                        Grant under section 401 of such Act (20 U.S.C. \n                        1070a et seq.), for such period of enrollment;\n                    (E) has not, while pursuing the same degree that \n                such student is currently pursuing, previously received \n                an award that included funds granted under subsection \n                (a) to a qualifying educational institution; and\n                    (F) has received an official internship offer, as \n                defined by the Secretary in regulations, for an \n                internship that--\n                            (i) is located within the United States;\n                            (ii) in a case in which the internship \n                        employs (as defined under section 3(g) of the \n                        Fair Labor Standards Act (29 U.S.C. 203(g)) the \n                        student, meets the requirements of such Act (29 \n                        U.S.C. 201 et seq.);\n                            (iii) is a full-time summer internship, a \n                        part-time summer internship, or a part-time \n                        semester internship;\n                            (iv) is not less than 4 weeks in duration, \n                        and is not greater in duration than the shorter \n                        of--\n                                    (I) the length of a standard \n                                academic period at the qualifying \n                                educational institution; or\n                                    (II) in the case of an internship \n                                that occurs during a period of \n                                nonattendance at the awarding \n                                qualifying educational institution, 10 \n                                weeks, or in the case of an internship \n                                that occurs during a period of \n                                attendance at the awarding qualifying \n                                educational institution, 12 weeks;\n                            (v) is--\n                                    (I) an unpaid internship; or\n                                    (II) a paid internship that, \n                                according to the determination of the \n                                qualifying educational institution, \n                                without an award under this section \n                                such student would otherwise be unable \n                                to afford participating in such \n                                internship; and\n                            (vi) is determined by the qualifying \n                        educational institution to be an internship \n                        that--\n                                    (I) is of good and reputable \n                                quality;\n                                    (II) affords adequate educational \n                                or skill-building opportunities; and\n                                    (III) is reasonably associated with \n                                the student's course of study at a \n                                qualifying educational institution.\n            (2) Full-time.--The term ``full-time'', when used with \n        respect to an internship, shall be defined by the Secretary in \n        regulations.\n            (3) Qualifying educational institution.--The term \n        ``qualifying educational institution'' has the meaning given \n        the term ``institution of higher education'' in section 101(a) \n        of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).\n            (4) Part-time.--The term ``part-time'', when used with \n        respect to an internship, shall be defined by the Secretary in \n        regulations.\n            (5) Period of nonattendence.--The term ``period of \n        nonattendence'', when used with respect to a student, means a \n        period during which the student is not enrolled at a qualifying \n        educational institution, including a summer or winter term.\n            (6) Secretary.--The term ``Secretary'' means the Secretary \n        of Education.","title":""}
+{"_id":"c326","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Organic Farmer and Consumer \nProtection Act of 2017''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL ORGANIC PROGRAM.\n\n    Subsection (b) of section 2123 of the Organic Foods Production Act \nof 1990 (7 U.S.C. 6522) is amended to read as follows:\n    ``(b) National Organic Program.--Notwithstanding any other \nprovision of law, in order to carry out activities under the national \norganic program established under this title, there are authorized to \nbe appropriated--\n            ``(1) $15,000,000 for fiscal year 2018;\n            ``(2) $16,500,000 for fiscal year 2019;\n            ``(3) $18,000,000 for fiscal year 2020;\n            ``(4) $20,000,000 for fiscal year 2021;\n            ``(5) $22,000,000 for fiscal year 2022; and\n            ``(6) $24,000,000 for fiscal year 2023.''.\n\nSEC. 3. MODERNIZATION AND IMPROVEMENT OF INTERNATIONAL TRADE TECHNOLOGY \n              SYSTEMS AND DATA COLLECTION.\n\n    Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. \n6522) is amended by adding at the end the following new subsection:\n    ``(d) Modernization and Improvement of International Trade \nTechnology Systems and Data Collection.--\n            ``(1) In general.--The Secretary shall modernize \n        international trade tracking and data collection systems of the \n        national organic program.\n            ``(2) Activities.--In carrying out paragraph (1), the \n        Secretary shall modernize trade and transaction certificates to \n        ensure full traceability without unduly hindering trade, such \n        as through an electronic trade document exchange system.\n            ``(3) Funding.--Of the funds of the Commodity Credit \n        Corporation, the Secretary shall make available $5,000,000 for \n        fiscal year 2019 for the purposes of--\n                    ``(A) carrying out this subsection; and\n                    ``(B) maintaining the database and technology \n                upgrades previously carried out pursuant to subsection \n                (c).\n            ``(4) Availability.--The amount made available under \n        paragraph (3) is in addition to any other funds made available \n        for the purposes specified in such paragraph and shall remain \n        available until expended.''.\n\nSEC. 4. RECORDKEEPING, INVESTIGATION, AND ENFORCEMENT.\n\n    (a) In General.--Section 2120 of the Organic Foods Production Act \nof 1990 (7 U.S.C. 6519) is amended by adding at the end the following:\n    ``(d) Collaborative Investigations and Enforcement.--\n            ``(1) Information sharing during active investigation.--In \n        carrying out this title, all parties to an active investigation \n        (including certifying agents, State organic certification \n        programs, and the national organic program) may share \n        confidential business information with Federal and State \n        government officers and employees and certifying agents \n        involved in the investigation as necessary to fully investigate \n        and enforce potential violations of this title and regulations \n        issued under this title.\n            ``(2) Access to data documentation systems.--The Secretary \n        shall have access to available data from cross-border \n        documentation systems administered by other Federal agencies, \n        including--\n                    ``(A) the Automated Commercial Environment system \n                of the U.S. Customs and Border Patrol; and\n                    ``(B) the Phytosanitary Certificate Issuance and \n                Tracking system of the Animal and Plant Health \n                Inspection Service.\n            ``(3) Additional documentation and verification.--The \n        Secretary, acting through the national organic program, has the \n        authority, and shall grant an accredited certifying agent the \n        authority, to require increased additional documentation or \n        verification before granting certification, in the case of a \n        known area of risk or when there is a specific area of concern, \n        as determined by the Secretary or the certifying agent.''.\n    (b) Modification of Regulations on Exclusions From Certification.--\nNot later than 1 year after the date of the enactment of this Act, the \nSecretary of Agriculture shall issue regulations to limit the type of \noperations that are excluded from certification under section 205.101 \nof title 7, Code of Federal Regulations, and any other corresponding \nsections.\n\nSEC. 5. ADDITIONAL ACCREDITATION AUTHORITY.\n\n    Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. \n6514) is amended--\n            (1) by redesignating subsection (c) as subsection (d); and\n            (2) by inserting after subsection (b) the following:\n    ``(c) Satellite Offices and Overseas Operations.--As part of the \naccreditation of certifying agents under this section, the Secretary--\n            ``(1) has oversight and approval authority over any \n        certifying agent operating in a foreign country; and\n            ``(2) shall require an annual authorization for each \n        certifying agent that intends to operate in any foreign \n        country.''.\n\nSEC. 6. ANNUAL REPORT.\n\n    Section 2122 of the Organic Foods Production Act of 1990 (7 U.S.C. \n6521) is amended by adding at the end the following:\n    ``(c) Annual Report.--Not later than March 1, 2019, and annually \nthereafter, the Secretary shall submit to Congress a report describing \nnational organic program activities with respect to all domestic and \noverseas investigations and compliance actions taken pursuant to this \ntitle during the preceding year.''.","title":""}
+{"_id":"c327","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Outer Continental Shelf Royalty \nReform and Enhancement Act of 2006''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) Gulf producing state.--The term ``Gulf producing \n        State'' means each of the States of Alabama, Louisiana, \n        Mississippi, and Texas.\n            (2) Qualified outer continental shelf revenues.--\n                    (A) In general.--The term ``qualified outer \n                Continental Shelf revenues'' means all rentals, \n                royalties, bonus bids, and other sums due and payable \n                to the United States under section 5.\n                    (B) Exclusions.--The term ``qualified outer \n                Continental Shelf revenues'' does not include--\n                            (i) revenues from the forfeiture of a bond \n                        or other surety securing obligations other than \n                        royalties, civil penalties, or royalties taken \n                        by the Secretary in-kind and not sold; or\n                            (ii) revenues generated from leases subject \n                        to section 8(g) of the Outer Continental Shelf \n                        Lands Act (43 U.S.C. 1337(g)).\n            (3) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n\nSEC. 3. PRICE THRESHOLD REQUIREMENT FOR FUTURE LEASES.\n\n    Notwithstanding any other provision of law, the Secretary shall \nplace limitations based on market price on the royalty relief granted \nunder any lease for the production of oil or natural gas entered into \non or after the date of enactment of this Act.\n\nSEC. 4. CLARIFICATION OF AUTHORITY TO IMPOSE PRICE THRESHOLDS FOR \n              CERTAIN LEASE SALES.\n\n    Congress reaffirms the authority of the Secretary under section \n8(a)(1)(H) of the Outer Continental Shelf Lands Act (43 U.S.C. \n1337(a)(1)(H)) to vary, based on the price of production from a lease, \nthe suspension of royalties under any lease subject to section 304 of \nthe Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. \n1337 note; Public Law 104-58).\n\nSEC. 5. RECOVERY OF REVENUE FROM LEASES WITHOUT PRICE THRESHOLDS.\n\n    (a) Offer To Amend Payment Responsibilities.--\n            (1) In general.--The Secretary shall offer to enter into \n        written agreements to amend the payment responsibilities under \n        each lease entered into by the Secretary that--\n                    (A) authorizes the production of oil or natural gas \n                on the Outer Continental Shelf;\n                    (B) provides for relief from the payment of \n                royalties; and\n                    (C) does not provide for the suspension of the \n                relief based on an increase in the price of oil or \n                natural gas, respectively, above specified thresholds.\n            (2) Offers.--Not later than 30 days after the date of \n        enactment of this Act, the Secretary shall provide each lessee \n        that has entered into a lease described in paragraph (1) with a \n        separate written offer to amend the payment responsibilities of \n        the lessee under the lease.\n            (3) Multiple lessees.--In carrying out this subsection, if \n        multiple persons own a share of the lease, the Secretary may \n        enter into a separate agreement with each person that reflects \n        the respective interest of the person in the lease.\n            (4) Price thresholds.--The offer shall propose imposing \n        price thresholds beginning in the calendar year in which the \n        offer is accepted at a level that is consistent with the price \n        thresholds contained in outer Continental Shelf leases that \n        contained price thresholds that were entered into for calendar \n        years 1996, 1997, and 2000.\n    (b) Increased Royalty Rates.--In addition to the authority provided \nunder subsection (a), the Secretary may increase the royalty rate on \nall leases entered into by the Secretary on or after the date of \nenactment of this Act for the production of oil or natural gas on the \nouter Continental Shelf to a rate that is necessary to recover the \nrevenues lost from leases described in subsection (a)(1) in an amount \nthat (in conjunction with written agreements entered into under \nsubsection (a)) is sufficient to recover $12,000,000,000 during the \nperiod of fiscal years 2007 through 2018.\n\nSEC. 6. DISPOSITION OF RECOVERED QUALIFIED OUTER CONTINENTAL SHELF \n              REVENUES.\n\n    (a) In General.--Notwithstanding section 9 of the Outer Continental \nShelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of \nthis section, for each applicable fiscal year, the Secretary of the \nTreasury shall deposit--\n            (1) 50 percent of qualified outer Continental Shelf \n        revenues in a special account in the Treasury, to be disbursed \n        to Gulf producing States by the Secretary in a manner \n        consistent with section 31(b) of the Outer Continental Shelf \n        Lands Act (43 U.S.C. 1356a(b)), as determined by the Secretary;\n            (2) 12\\1\/2\\ percent to provide financial assistance to \n        States in accordance with section 6 of the Land and Water \n        Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall \n        be considered income to the Land and Water Conservation Fund \n        for purposes of section 2 of that Act (16 U.S.C. 460l-5); and\n            (3) 37\\1\/2\\ percent of qualified outer Continental Shelf \n        revenues in the general fund of the Treasury, to be used for \n        deficit reduction.\n    (b) Timing.--The amounts required to be deposited under paragraphs \n(1) and (2) of subsection (a) for the applicable fiscal year shall be \nmade available in accordance with that paragraph during the fiscal year \nimmediately following the applicable fiscal year.\n    (c) Administration.--Amounts made available under paragraphs (1) \nand (2) of subsection (a) shall--\n            (1) be made available, without further appropriation, in \n        accordance with this section;\n            (2) remain available until expended; and\n            (3) be in addition to any amounts appropriated under--\n                    (A) the Outer Continental Shelf Lands Act (43 \n                U.S.C. 1331 et seq.);\n                    (B) the Land and Water Conservation Fund Act of \n                1965 (16 U.S.C. 460l-4 et seq.); or\n                    (C) any other provision of law.\n\nSEC. 7. FEDERAL GUARANTEE OF STATE BOND.\n\n    The Secretary shall guarantee the repayment of a bond issued by the \nState of Louisiana for constructing and carrying out coastal wetland \nrestoration projects and related storm protection infrastructure (to be \nrepaid using qualified outer Continental Shelf revenues received by the \nState for fiscal years 2017 through 2027) in an amount equal to 100 \npercent of the outstanding principal of the bond, on a determination by \nthe Secretary that--\n            (1) the amount of the bond does not exceed 80 percent of \n        the estimated amount of qualified outer Continental Shelf \n        revenues the State will receive for fiscal years 2017 through \n        2027;\n            (2) the funds will be used in accordance with a plan \n        submitted by the State; and\n            (3) the bond is in a registered form and contains \n        appropriate legal guarantees for repayment using qualified \n        Outer Continental shelf revenues for fiscal years 2017 through \n        2027.","title":""}
+{"_id":"c328","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Overtime Reform and Review Act''.\n\nSEC. 2. INCREMENTAL INCREASES TO SALARY THRESHOLD.\n\n    (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 \n(29 U.S.C. 213) is amended--\n            (1) in subsection (a)(1), by inserting ``subsection (k) \n        and'' after ``subject to''; and\n            (2) by adding at the end the following:\n    ``(k) Requirements for Salary Threshold.--\n            ``(1) In general.--In promulgating regulations for purposes \n        of defining and delimiting the terms defining employees exempt \n        under subsection (a)(1), the Secretary shall require that any \n        employee exempt under such subsection is compensated at a rate \n        that is not less than the applicable salary threshold \n        established under paragraph (2).\n            ``(2) Incremental increases.--\n                    ``(A) Initial threshold.--The Secretary shall \n                establish an applicable salary threshold, beginning on \n                December 1, 2016, that is a rate of compensation equal \n                to $35,984 per year, or $692 per week.\n                    ``(B) Subsequent increases.--Notwithstanding \n                subparagraph (A) and subject to paragraph (3), the \n                applicable salary threshold established under \n                subparagraph (A) may be increased to a rate of \n                compensation that is equal to--\n                            ``(i) beginning on December 1, 2018, \n                        $39,780 per year or $765 per week;\n                            ``(ii) beginning on December 1, 2019, \n                        $43,628 per year or $839 per week;\n                            ``(iii) beginning on December 1, 2020, \n                        $47,476 per year or $913 per week; and\n                            ``(iv) beginning on December 1, 2021, any \n                        rate of compensation provided by the Secretary \n                        in accordance with paragraph (4) and subsection \n                        (l).\n            ``(3) Requirements for increases.--With respect to \n        nonprofit organizations (including nonprofit institutions of \n        higher education), Medicare or Medicaid dependent health care \n        providers, and State and local governments, the increases \n        provided in clauses (i), (ii), and (iii) of paragraph (2)(B) \n        shall occur only if--\n                    ``(A) the Comptroller General of the United States \n                conducts and submits the study under section 3 of the \n                Overtime Reform and Review Act in accordance with that \n                section; and\n                    ``(B) not later than June 1, 2018, the Comptroller \n                General, in coordination with the Secretary and the \n                Chief Counsel for Advocacy of the Small Business \n                Administration, certifies that the increase in the \n                salary threshold under paragraph (2)(A) from the salary \n                threshold in effect prior to December 1, 2016, has \n                not--\n                            ``(i) resulted in an increased rate of \n                        part-time employment; or\n                            ``(ii) negatively impacted workplace \n                        flexibility, benefit structures, career \n                        advancement opportunity, or job growth.\n            ``(4) Salary threshold after december 1, 2021.--Not prior \n        to December 1, 2021, the Secretary may issue a rule through \n        notice and comment rulemaking in accordance with section 553 of \n        title 5, United States Code, to change the rate of compensation \n        for the applicable salary threshold under paragraph (2).\n            ``(5) Rule of construction.--Nothing in this subsection \n        shall require the Secretary to promulgate the regulations \n        described in this subsection in accordance with the formal \n        rulemaking provisions of sections 556 and 557 of title 5, \n        United States Code.''.\n    (b) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 \n(29 U.S.C. 203) is amended by adding at the end the following:\n    ``(z) `Medicare or Medicaid dependent health care provider' means \nan employer who derives more than 50 percent of its revenue from \npayments under the Medicare program established under title XVIII of \nthe Social Security Act (42 U.S.C. 1395 et seq.), a State plan under \nthe Medicaid program under title XIX of such Act (42 U.S.C. 1396 et \nseq.), or both.''.\n    (c) Effective Date.--This section, and the amendments made by this \nsection, shall take effect on December 1, 2016.\n\nSEC. 3. GAO STUDY.\n\n    (a) In General.--Not later than March 1, 2018, the Comptroller \nGeneral of the United States shall conduct, and submit in accordance \nwith subsection (c), a study on the implementation of the salary \nthreshold provided under section 13(k)(2)(A) of the Fair Labor \nStandards Act of 1938 (29 U.S.C. 213(k)(2)(A)).\n    (b) Contents.--The study under this section shall include each of \nthe following:\n            (1) The number of small entities affected by the increase \n        in the salary threshold provided under section 13(k)(2)(A) of \n        the Fair Labor Standards Act of 1938 compared to the salary \n        threshold in effect prior to December 1, 2016.\n            (2) An analysis of the impact of such increase based on \n        regional, State, metropolitan, and nonmetropolitan salary data \n        and cost-of-living differences.\n            (3) The percentile of full-time salaried workers affected \n        by such increase, including disaggregation by--\n                    (A) State;\n                    (B) industry subsector;\n                    (C) small organizations;\n                    (D) small government jurisdictions;\n                    (E) nonprofit organizations;\n                    (F) institutions of higher education as defined in \n                section 101 of the Higher Education Act of 1965 (20 \n                U.S.C. 1001);\n                    (G) Medicare or Medicaid dependent health care \n                providers, as defined in section 3 of the Fair Labor \n                Standards Act of 1938 (29 U.S.C. 203); and\n                    (H) small businesses.\n            (4) Management and human resource costs for all employers \n        in implementing such increase.\n            (5) The impact of the increase on lower-wage industries, \n        including by geographic area.\n            (6) All nonfinancial costs associated with the increase, \n        including the impact on employment (including rates of \n        unemployment and part-time employment), workplace flexibility, \n        employee benefit structures, career advancement opportunity, \n        new business formation and termination, and loss of market \n        share to foreign competition.\n            (7) The impact of the increase on the number of individuals \n        in the United States who are ``marginally attached'' or \n        ``discouraged'' as defined by the Bureau of Labor Statistics.\n    (c) Submission.--The study under this section shall be submitted to \nthe Committee on Health, Education, Labor, and Pensions of the Senate, \nthe Committee on Education and the Workforce of the House of \nRepresentatives, the Committee on Small Business and Entrepreneurship \nof the Senate, and the Committee on Small Business of the House of \nRepresentatives.\n\nSEC. 4. ENFORCEMENT OF DEPARTMENT OF LABOR RULE.\n\n    (a) In General.--Beginning on the date of enactment of this Act, or \nDecember 1, 2016, whichever date is earlier--\n            (1) the rule submitted by the Department of Labor entitled \n        ``Defining and Delimiting the Exemptions for Executive, \n        Administrative, Professional, Outside Sales and Computer \n        Employees'' (81 Fed. Reg. 32391 (May 23, 2016)) shall cease to \n        have any force or effect;\n            (2) the Secretary of Labor shall not enforce such rule \n        based on conduct occurring before or after such date;\n            (3) an employee shall not have any right of action against \n        an employer for the employer's failure to comply with such rule \n        at any time prior to or after such date; and\n            (4) any regulations that were amended by such rule shall be \n        restored and revived as if such rule had never taken effect.\n    (b) Clarification.--Notwithstanding subsection (a), nothing in this \nAct shall be construed to create a right of action for an employer \nagainst an employee for the recoupment of any payments made to the \nemployee prior to the date of enactment of this Act, or December 1, \n2016, whichever date is earlier, that were in compliance with the rule \ndescribed in subsection (a)(1).\n\nSEC. 5. FAIR LABOR STANDARDS ACT OF 1938 CLARIFICATION.\n\n    (a) Sense of the Senate.--It is the sense of the Senate that \nsection 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. \n213(a)(1)), including as in effect on the day before the date of \nenactment of this Act--\n            (1) requires the Secretary of Labor to issue a new rule \n        through notice and comment rulemaking in accordance with \n        section 553 of title 5, United States Code, for each specific \n        and enumerated change to the salary threshold provided in \n        regulations promulgated under such section 13(a)(1), proposed \n        by the Secretary of Labor; and\n            (2) prohibits any rule that would result in a change to the \n        salary threshold for which a specific and enumerated rate of \n        compensation for the salary threshold was not proposed, \n        including any procedure that automatically updates the salary \n        threshold.\n    (b) FLSA Amendment.--Section 13 of the Fair Labor Standards Act of \n1938 (29 U.S.C. 213), as amended by section 2, is further amended--\n            (1) in subsection (a)(1), by inserting ``in accordance with \n        subsection (l)'' after ``regulations of the Secretary''; and\n            (2) by adding at the end the following:\n    ``(l) Requirements for Updating the Salary Threshold.--\n            ``(1) In general.--For any change to the salary threshold \n        provided in regulations promulgated under subsection (a)(1), \n        the Secretary shall--\n                    ``(A) propose a specific and enumerated rate of \n                compensation required for an employee to be exempt \n                under such subsection; and\n                    ``(B) issue a rule through notice and comment \n                rulemaking in accordance with section 553 of title 5, \n                United States Code.\n            ``(2) Prohibition on automatic updates.--In accordance with \n        paragraph (1), the Secretary may not issue any rule that would \n        result in a change to the salary threshold provided in \n        regulations promulgated under subsection (a)(1) based on any \n        procedure that automatically updates the salary threshold \n        without taking each action required under paragraph (1).''.","title":""}
+{"_id":"c329","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Ozone National Ambient Air Quality \nStandard Deadline Harmonization Act of 2015''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) Ozone precursor emissions have been reduced by over 50 \n        percent since 1980, resulting in a 33-percent improvement of \n        ozone air quality. The Environmental Protection Agency projects \n        this improvement will continue even under rules and programs \n        already in place.\n            (2) States are just beginning to implement the 2008 ozone \n        standards, for which the Environmental Protection Agency \n        published State implementation plan requirements on February \n        13, 2015. Notwithstanding this delayed implementation of the \n        2008 ozone standards, the Environmental Protection Agency \n        published the 2015 ozone standards on October 26, 2015.\n            (3) With publication of the 2015 ozone standards so early \n        in the implementation of the 2008 ozone standards, States face \n        the prospect of simultaneously implementing two national \n        ambient air quality standards for ozone.\n            (4) In addition, counties face severe statutorily imposed \n        consequences if designated as nonattainment or for failing to \n        meet attainment deadlines, even if those counties would \n        ultimately achieve attainment with no further action.\n            (5) If the 2008 and 2015 ozone standards implementation \n        schedules are not harmonized, already strained State resources \n        will be burdened by overlapping implementation schedules, and \n        counties that are projected to achieve necessary air quality \n        improvements will face significant and permanent sanctions.\n\nSEC. 3. OZONE STANDARDS IMPLEMENTATION SCHEDULE HARMONIZATION.\n\n    (a) Designation Submission.--Not later than October 26, 2024, the \nGovernor of each State shall designate in accordance with section \n107(d) of the Clean Air Act (42 U.S.C. 7407(d)) all areas (or portions \nthereof) of the Governor's State as attainment, nonattainment, or \nunclassifiable with respect to the 2015 ozone standards.\n    (b) Designation Promulgation.--Not later than October 26, 2025, the \nAdministrator shall promulgate final designations under section 107(d) \nof the Clean Air Act (42 U.S.C. 7407(d)) for all areas in all States \nwith respect to the 2015 ozone standards, including any modifications \nto the designations submitted under subsection (a).\n    (c) State Implementation Plans.--Not later than October 26, 2026, \nnotwithstanding the deadline specified in section 110(a)(1) of the \nClean Air Act (42 U.S.C. 7410(d)(1)), each State shall submit the plan \nrequired by such section 110(a)(1) for the 2015 ozone standards.\n\nSEC. 4. CERTAIN PRECONSTRUCTION PERMITS.\n\n    (a) In General.--The 2015 ozone standards shall not apply to the \nreview and disposition of a preconstruction permit application if--\n            (1) the Administrator or the State, local, or tribal \n        permitting authority, as applicable, determines the application \n        to be complete on or before the date of promulgation of final \n        designations under section 3(b); or\n            (2) the Administrator or the State, local, or tribal \n        permitting authority, as applicable, publishes a public notice \n        of a preliminary determination or draft permit for the \n        application before the date that is 60 days after the date of \n        promulgation of final designations under section 3(b).\n    (b) Rules of Construction.--Nothing in this section shall be \nconstrued to--\n            (1) eliminate the obligation of a preconstruction permit \n        applicant to install best available control technology and \n        lowest achievable emissions rate technology, as applicable; or\n            (2) limit the authority of a State, local, or tribal \n        permitting authority to impose more stringent emissions \n        requirements pursuant to State, local, or tribal law than \n        Federal national ambient air quality standards established by \n        the Environmental Protection Agency.\n\nSEC. 5. ADJUSTMENT OF 5-YEAR REVIEW CYCLE.\n\n    (a) 10-Year Cycle for All Criteria Air Pollutants.--Paragraphs (1) \nand (2)(B) of section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)) \nare amended by striking ``five-year intervals'' each place it appears \nand inserting ``ten-year intervals''.\n    (b) Cycle for Next Review of Ozone Criteria and Standards.--\nNotwithstanding section 109(d) of the Clean Air Act (42 U.S.C. \n7409(d)), the Administrator of the Environmental Protection Agency \nshall not--\n            (1) complete, before October 26, 2025, any review of the \n        criteria for ozone published under section 108 of such Act (42 \n        U.S.C. 7408) or the national ambient air quality standard for \n        ozone promulgated under section 109 of such Act (42 U.S.C. \n        7409); or\n            (2) propose, before such date, any revisions to such \n        criteria or standards.\n\nSEC. 6. DEFINITIONS.\n\n    In this Act:\n            (1) The term ``2008 ozone standards'' means the national \n        ambient air quality standards for ozone published in the \n        Federal Register on March 27, 2008 (73 Fed. Reg. 16436).\n            (2) The term ``2015 ozone standards'' means the national \n        ambient air quality standards for ozone published in the \n        Federal Register on October 26, 2015 (80 Fed. Reg. 65292).\n            (3) The term ``Administrator'' means the Administrator of \n        the Environmental Protection Agency.\n            (4) The term ``best available control technology'' has the \n        meaning given to that term in section 169(3) of the Clean Air \n        Act (42 U.S.C. 7479(3)).\n            (5) The term ``lowest achievable emissions rate'' has the \n        meaning given to that term in section 171(3) of the Clean Air \n        Act (42 U.S.C. 7501(3)).\n            (6) The term ``preconstruction permit''--\n                    (A) means a permit that is required under part C or \n                D of title I of the Clean Air Act (42 U.S.C. 7470 et \n                seq.) for the construction or modification of a major \n                emitting facility or major stationary source; and\n                    (B) includes any such permit issued by the \n                Environmental Protection Agency or a State, local, or \n                tribal permitting authority.","title":""}
+{"_id":"c33","text":"SECTION 1. FINDINGS.\n\n    The Congress finds the following:\n        (1) In 1941, President Franklin D. Roosevelt overruled his top \n    generals and ordered the creation of an all Black flight training \n    program. President Roosevelt took this action one day after the \n    NAACP filed suit on behalf of Howard University student Yancy \n    Williams and others in Federal court to force the Department of War \n    to accept Black pilot trainees. Yancy Williams had a civilian \n    pilot's license and had earned an engineering degree. Years later, \n    Major Yancy Williams participated in an air surveillance project \n    created by President Dwight D. Eisenhower.\n        (2) Due to the rigid system of racial segregation that \n    prevailed in the United States during World War II, Black military \n    pilots were trained at a separate airfield built near Tuskegee, \n    Alabama. They became known as the ``Tuskegee Airmen''.\n        (3) The Tuskegee Airmen inspired revolutionary reform in the \n    Armed Forces, paving the way for full racial integration in the \n    Armed Forces. They overcame the enormous challenges of prejudice \n    and discrimination, succeeding, despite obstacles that threatened \n    failure.\n        (4) From all accounts, the training of the Tuskegee Airmen was \n    an experiment established to prove that so-called ``coloreds'' were \n    incapable of operating expensive and complex combat aircraft. \n    Studies commissioned by the Army War College between 1924 and 1939 \n    concluded that Blacks were unfit for leadership roles and incapable \n    of aviation. Instead, the Tuskegee Airmen excelled.\n        (5) Overall, some 992 Black pilots graduated from the pilot \n    training program of the Tuskegee Army Air Field, with the last \n    class finishing in June 1946, 450 of whom served in combat. The \n    first class of cadets began in July 1941 with 13 airmen, all of \n    whom had college degrees, some with Ph.D. degrees, and all of whom \n    had pilot's licenses. One of the graduates was Captain Benjamin O. \n    Davis Jr., a United States Military Academy graduate. Four aviation \n    cadets were commissioned as second lieutenants, and 5 received Army \n    Air Corps silver pilot wings.\n        (6) That the experiment achieved success rather than the \n    expected failure is further evidenced by the eventual promotion of \n    3 of these pioneers through the commissioned officer ranks to flag \n    rank, including the late General Benjamin O. Davis, Jr., United \n    States Air Force, the late General Daniel ``Chappie'' James, United \n    States Air Force, our Nation's first Black 4-star general, and \n    Major General Lucius Theus, United States Air Force (retired).\n        (7) 450 Black fighter pilots under the command of then Colonel \n    Benjamin O. Davis, Jr., fought in World War II aerial battles over \n    North Africa, Sicily, and Europe, flying, in succession, P-40, P-\n    39, P-47, and P-51 aircraft. These gallant men flew 15,553 sorties \n    and 1,578 missions with the 12th Tactical Air Force and the 15th \n    Strategic Air Force.\n        (8) Colonel Davis later became the first Black flag officer of \n    the United States Air Force, retired as a 3-star general, and was \n    honored with a 4th star in retirement by President William J. \n    Clinton.\n        (9) German pilots, who both feared and respected the Tuskegee \n    Airmen, called them the ``Schwartze Vogelmenschen'' (or ``Black \n    Birdmen''). White American bomber crews reverently referred to them \n    as the ``Black Redtail Angels'', because of the bright red painted \n    on the tail assemblies of their fighter aircraft and because of \n    their reputation for not losing bombers to enemy fighters as they \n    provided close escort for bombing missions over strategic targets \n    in Europe.\n        (10) The 99th Fighter Squadron, after having distinguished \n    itself over North Africa, Sicily, and Italy, joined 3 other Black \n    squadrons, the 100th, the 301st, and the 302nd, designated as the \n    332nd Fighter Group. They then comprised the largest fighter unit \n    in the 15th Air Force. From Italian bases, they destroyed many \n    enemy targets on the ground and at sea, including a German \n    destroyer in strafing attacks, and they destroyed numerous enemy \n    aircraft in the air and on the ground.\n        (11) 66 of these pilots were killed in combat, while another 32 \n    were either forced down or shot down and captured to become \n    prisoners of war. These Black airmen came home with 150 \n    Distinguished Flying Crosses, Bronze Stars, Silver Stars, and \n    Legions of Merit, one Presidential Unit Citation, and the Red Star \n    of Yugoslavia.\n        (12) Other Black pilots, navigators, bombardiers and crewman \n    who were trained for medium bombardment duty as the 477th Bomber \n    Group (Medium) were joined by veterans of the 332nd Fighter Group \n    to form the 477th Composite Group, flying the B-25 and P-47 \n    aircraft. The demands of the members of the 477th Composite Group \n    for parity in treatment and for recognition as competent military \n    professionals, combined with the magnificent wartime records of the \n    99th Fighter Squadron and the 332nd Fighter Group, led to a review \n    of the racial policies of the Department of War.\n        (13) In September 1947, the United States Air Force, as a \n    separate service, reactivated the 332d Fighter Group under the \n    Tactical Air command. Members of the 332d Fighter Group were ``Top \n    Guns'' in the 1st annual Air Force Gunnery Meet in 1949.\n        (14) For every Black pilot, there were 12 other civilian or \n    military Black men and women performing ground support duties. Many \n    of these men and women remained in the military service during the \n    post-World War II era and spearheaded the integration of the Armed \n    Forces of the United States.\n        (15) Major achievements are attributed to many of those who \n    returned to civilian life and earned leadership positions and \n    respect as businessmen, corporate executives, religious leaders, \n    lawyers, doctors, educators, bankers, and political leaders.\n        (16) A period of nearly 30 years of anonymity for the Tuskegee \n    Airmen was ended in 1972 with the founding of Tuskegee Airmen, \n    Inc., in Detroit, Michigan. Organized as a non-military and \n    nonprofit entity, Tuskegee Airmen, Inc., exists primarily to \n    motivate and inspire young Americans to become participants in our \n    Nation's society and its democratic process, and to preserve the \n    history of their legacy.\n        (17) The Tuskegee Airmen have several memorials in place to \n    perpetuate the memory of who they were and what they accomplished, \n    including--\n            (A) the Tuskegee Airmen, Inc., National Scholarship Fund \n        for high school seniors who excel in mathematics, but need \n        financial assistance to begin a college program;\n            (B) a museum in historic Fort Wayne in Detroit, Michigan;\n            (C) Memorial Park at the Air Force Museum at Wright-\n        Patterson Air Force Base in Dayton, Ohio;\n            (D) a statue of a Tuskegee Airman in the Honor Park at the \n        United States Air Force Academy in Colorado Springs, Colorado; \n        and\n            (E) a National Historic Site at Moton Field, where primary \n        flight training was performed under contract with the Tuskegee \n        Institute.\n\nSEC. 2. CONGRESSIONAL GOLD MEDAL.\n\n    (a) Award Authorized.--The Speaker of the House of Representatives \nand the President pro tempore of the Senate shall make appropriate \narrangements for the award, on behalf of the Congress, of a single gold \nmedal of appropriate design in honor of the Tuskegee Airmen, \ncollectively, in recognition of their unique military record, which \ninspired revolutionary reform in the Armed Forces.\n    (b) Design and Striking.--For the purposes of the award referred to \nin subsection (a), the Secretary of the Treasury (hereafter in this Act \nreferred to as the ``Secretary'') shall strike the gold medal with \nsuitable emblems, devices, and inscriptions, to be determined by the \nSecretary.\n    (c) Smithsonian Institution.--\n        (1) In general.--Following the award of the gold medal in honor \n    of the Tuskegee Airmen under subsection (a), the gold medal shall \n    be given to the Smithsonian Institution, where it will be displayed \n    as appropriate and made available for research.\n        (2) Sense of the congress.--It is the sense of the Congress \n    that the Smithsonian Institution should make the gold medal \n    received under paragraph (1) available for display elsewhere, \n    particularly at other appropriate locations associated with the \n    Tuskegee Airmen.\n\nSEC. 3. DUPLICATE MEDALS.\n\n    Under such regulations as the Secretary may prescribe, the \nSecretary may strike and sell duplicates in bronze of the gold medal \nstruck under section 2, at a price sufficient to cover the costs of the \nmedals, including labor, materials, dies, use of machinery, and \noverhead expenses.\n\nSEC. 4. NATIONAL MEDALS.\n\n    Medals struck pursuant to this Act are national medals for purposes \nof chapter 51 of title 31, United States Code.\n\nSEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.\n\n    (a) Authorization of Appropriations.--There is authorized to be \ncharged against the United States Mint Public Enterprise Fund, an \namount not to exceed $30,000 to pay for the cost of the medals \nauthorized under section 2.\n    (b) Proceeds of Sale.--Amounts received from the sale of duplicate \nbronze medals under section 3 shall be deposited in the United States \nMint Public Enterprise Fund.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c330","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Partial Hospitalization Services \nIntegrity Act of 1997''.\n\nSEC. 2. LIMITATION ON LOCATION OF PROVISION OF SERVICES.\n\n    (a) In General.--Section 1861(ff)(2) of the Social Security Act (42 \nU.S.C. 1395x(ff)(2)) is amended in the matter following subparagraph \n(I)--\n            (1) by striking ``and furnished'' and inserting \n        ``furnished''; and\n            (2) by inserting before the period the following: ``, and \n        furnished other than in a skilled nursing facility or in an \n        individual's personal residence''.\n    (b) Effective Date.--The amendments made by subsection (a) shall \napply to partial hospitalization services furnished on or after the \nfirst day of the third month beginning after the date of the enactment \nof this Act.\n\nSEC. 3. QUALIFICATIONS FOR COMMUNITY MENTAL HEALTH CENTERS.\n\n    Section 1861(ff)(3)(B) of the Social Security Act (42 U.S.C. \n1395x(ff)(3)(B)) is amended by striking ``entity'' and all that follows \nand inserting the following: ``entity that--\n            ``(i) provides the mental health services described in \n        paragraph (1) of section 1913(c) of the Public Health Service \n        Act;\n            ``(ii) meets applicable licensing or certification \n        requirements for community mental health centers in the State \n        in which it is located; and\n            ``(iii) meets such additional conditions as the Secretary \n        may specify to ensure (I) the health and safety of individuals \n        being furnished such services, (II) the effective or efficient \n        furnishing of such services, and (III) the compliance of such \n        entity with the criteria described in such section.''.\n\nSEC. 4. RE-ENROLLMENT OF PROVIDERS OF CMHC PARTIAL HOSPITALIZATION \n              SERVICES.\n\n    (a) In General.--With respect to each community mental health \ncenter that furnishes partial hospitalization services for which \npayment is made under title XVIII of the Social Security Act, the \nSecretary of Health and Human Services shall provide for periodic re-\ncertification to ensure that the provision of such services complies \nwith section 1913(c) of the Public Health Service Act.\n    (b) Deadline for First Re-certification.--The first re-\ncertification under subsection (a) shall be completed not later than 1 \nyear after the date of the enactment of this Act.\n\nSEC. 5. PROSPECTIVE PAYMENT SYSTEM FOR PARTIAL HOSPITALIZATION \n              SERVICES.\n\n    (a) Establishment of System.--Section 1833 of the Social Security \nAct (42 U.S.C. 1395l) is amended by inserting after subsection (o) the \nfollowing:\n    ``(p)(1) The Secretary may establish by regulation a prospective \npayment system for partial hospitalization services provided by a \ncommunity mental health center or by a hospital to its outpatients. The \nsystem shall provide for appropriate payment levels for efficient \ncenters and take into account payment levels for similar services \nfurnished by other efficient entities.\n    ``(2) A prospective payment system established pursuant to \nparagraph (1) shall provide for payment amounts for--\n            ``(A) the first year in which such system applies, at a \n        level so that, as estimated by the Secretary, the total \n        aggregate payments under this part (including payments \n        attributable to deductibles and coinsurance) are equal to the \n        total aggregate payments that would have otherwise been made \n        under this part if such system had not been implemented; and\n            ``(B) each subsequent year, in an amount equal to the \n        payment amount provided for under this paragraph for the \n        preceding year updated by the percentage increase in the \n        consumer price index for all urban consumers (all items; United \n        States city average) for the 12-month period ending with \n        September of that preceding year.''.\n    (b) Coinsurance.--Section 1866(a)(2)(A) of such Act (42 U.S.C. \n1395cc(a)(2)(A)) is amended by adding at the end the following: ``In \nthe case of services described in section 1832(a)(2)(J), clause (ii) of \nthe first sentence of this subparagraph shall be applied by \nsubstituting the payment basis established under section 1833(p) for \nthe reasonable charges.''.\n    (c) Conforming Amendments.--(1) Section 1832(a)(2) of such Act (42 \nU.S.C. 1395k(a)(2)) is amended--\n            (A) in subparagraph (B), by striking ``or subparagraph \n        (I)'' and inserting ``, (I), or (J)''; and\n            (B) in subparagraph (J), by striking ``provided by a \n        community mental health center (as described in section \n        1861(ff)(2)(B))''.\n    (2) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended--\n            (A) in paragraph (2) preceding subparagraph (A), by \n        striking ``(H), and (I)'' and inserting ``(H), (I), and (J)'';\n            (B) by striking ``and'' at the end of paragraph (8);\n            (C) by striking the period at the end of paragraph (9) and \n        inserting ``; and''; and\n            (D) by adding at the end the following new paragraph:\n            ``(10) in the case of partial hospitalization services, 80 \n        percent of the payment basis under the prospective payment \n        system established under section 1833(p).''.\n    (d) Effective Date.--The amendments made by subsections (b) and (c) \napply to services furnished on or after January 1 of the first year \nthat begins at least 6 months after the date on which regulations are \nissued under section 1833(p) of such Act (42 U.S.C. 1395l(p)) as \ninserted by subsection (a).\n\nSEC. 6. DEMONSTRATION FOR IMPROVED PARTIAL HOSPITALIZATION SERVICES.\n\n    (a) Establishment.--\n            (1) In general.--The Secretary of Health and Human Services \n        shall implement a demonstration project (in this section \n        referred to as the ``project'') under part B of title XVIII of \n        the Social Security Act under which community mental health \n        centers may offer expanded partial hospitalization services \n        (described in paragraph (2)) for purposes of providing for a \n        full continuum of ambulatory behavioral health care services.\n            (2) Additional mental health services described.--For \n        purposes of paragraph (1), the expanded partial hospitalization \n        services are outpatient mental health services and such other \n        mental health services as the Secretary determines appropriate \n        which are not partial hospitalization services as defined in \n        section 1861(ff)(1) of such Act (42 U.S.C. 1395x(ff)(1)).\n    (b) Selection of Centers.--For purposes of implementing such \nproject, the Secretary shall select for participation in the project \ncommunity mental health centers that serve populations in 3 different \nStates, 1 of which predominantly serves rural populations.\n    (c) Capitated Payment.--Under this project, payment for expanded \npartial hospitalization services shall be made on a capitated basis.\n    (d) Waiver Authority.--The Secretary may waive such provisions of \ntitle XVIII of the Social Security Act as the Secretary deems necessary \nto conduct the project established under this section.\n    (e) Evaluation and Report.--\n            (1) Evaluation.--The Secretary shall evaluate the project. \n        Such evaluation shall include an examination of--\n                    (A) the project's effect on the health and well-\n                being of beneficiaries;\n                    (B) any savings to the medicare program by reason \n                of capitated payments for partial hospitalization \n                services;\n                    (C) the impact of basing payment for such services \n                on a capitated basis; and\n                    (D) the project's effect on utilization of \n                inpatient services (including inpatient mental health \n                services) and associated costs.\n            (2) Report.--Not later than 4 years after the date of the \n        enactment of this Act, the Secretary shall submit to Congress a \n        report containing a statement of the findings and conclusions \n        of the Secretary pursuant to the evaluation conducted under \n        paragraph (1), together with any recommendations for \n        legislation the Secretary considers appropriate with respect \n        to--\n                    (A) the provision of additional mental health \n                services by community mental health centers under \n                partial hospitalization services; and\n                    (B) payment for such services on a capitated basis.\n    (f) Duration.--The project shall be conducted for a 3 year period.","title":""}
+{"_id":"c331","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Patient Access to Disposable Medical \nTechnology Act of 2015''.\n\nSEC. 2. COVERAGE OF CERTAIN DISPOSABLE MEDICAL TECHNOLOGIES UNDER THE \n              MEDICARE PROGRAM.\n\n    (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. \n1395x) is amended by adding at the end the following new subsection:\n\n               ``Substitute Disposable Medical Technology\n\n    ``(iii) The term `substitute disposable medical technology' means \nmedical equipment that--\n            ``(1) is primarily and customarily used to serve a medical \n        purpose;\n            ``(2) would otherwise be covered as durable medical \n        equipment under this title but for the fact that such equipment \n        is not durable (as defined by the Secretary for purposes of \n        coverage of durable medical equipment under this title); and\n            ``(3) the Secretary determines substitutes for durable \n        medical equipment.''.\n    (b) Payment Provisions.--Section 1834(a) of the Social Security Act \n(42 U.S.C. 1395m(a)) is amended by adding at the end the following new \nparagraph:\n            ``(23) Special payment rule for substitute disposable \n        medical technologies.--Notwithstanding the preceding provisions \n        of this subsection, the Secretary shall determine the payment \n        amount under this subsection for a substitute disposable \n        medical technology (as defined in section 1861(iii)), and for \n        any services and supplies used in conjunction with such \n        technology, in accordance with the following:\n                    ``(A) Single payment amount.--The Secretary shall \n                determine a single payment amount that shall be paid \n                for a substitute disposable medical technology and for \n                any services and supplies used in conjunction with such \n                technology. A payment for such a technology and for any \n                such services and supplies that is made in the amount \n                of such single payment amount shall constitute full \n                payment under this title for such technology and such \n                services and supplies.\n                    ``(B) Calculation of payment amount.--The single \n                payment amount described in subparagraph (A) for a \n                substitute disposable medical technology and for any \n                services and supplies used in conjunction with such \n                technology shall be calculated by--\n                            ``(i) calculating the sum of the amounts of \n                        payment that otherwise would be made under this \n                        section for--\n                                    ``(I) the item of durable medical \n                                equipment for which the Secretary \n                                determines, pursuant to section \n                                1861(iii)(3), that such substitute \n                                disposable medical technology \n                                substitutes; and\n                                    ``(II) all services and supplies \n                                used in conjunction with such item of \n                                durable medical equipment;\n                            ``(ii) calculating the amount that is 95 \n                        percent of the sum calculated under clause (i); \n                        and\n                            ``(iii) calculating the single payment \n                        amount for the substitute disposable medical \n                        technology and for any services and supplies \n                        used in conjunction with such technology such \n                        that the sum of the payments under this \n                        subsection for--\n                                    ``(I) all substitute disposable \n                                medical technologies that the Secretary \n                                determines, pursuant to section \n                                1861(iii)(3), will be necessary to \n                                provide a substitute for the item of \n                                durable medical equipment described in \n                                clause (i)(I); and\n                                    ``(II) any services and supplies \n                                used in conjunction with such \n                                technologies;\n                        is equal to the amount calculated under clause \n                        (ii).\n                    ``(C) Lump-sum payment.--The single payment amount \n                described in subparagraph (A) for a substitute \n                disposable medical technology and for any services and \n                supplies used in conjunction with such technology shall \n                be made in a lump-sum amount.''.\n    (c) Nonapplication of Competitive Acquisition.--Section \n1847(a)(7)(B) of the Social Security Act (42 U.S.C. 1395w-3(a)(7)(B)) \nis amended--\n            (1) in clause (i), by striking ``and'' at the end;\n            (2) in clause (ii), by striking the period at the end and \n        inserting ``; and''; and\n            (3) by adding at the end the following new clause:\n                            ``(iii) that are substitute disposable \n                        medical technologies (as defined in section \n                        1861(n)(2)(B)).''.\n    (d) Effective Date.--The amendments made by this section shall \napply with respect to items and services furnished on or after the date \nthat is one year after the date of the enactment of this section.","title":""}
+{"_id":"c332","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Peer Support Communities of Recovery \nAct''.\n\nSEC. 2. BUILDING COMMUNITIES OF RECOVERY.\n\n    Section 547 of the Public Health Service Act (42 U.S.C. 290ee-2) is \namended--\n            (1) in subsection (a)--\n                    (A) in the heading, by striking ``Definition'' and \n                inserting ``Definitions'';\n                    (B) in the matter preceding paragraph (1), by \n                striking ``In this section, the term `recovery \n                community organization' means an independent nonprofit \n                organization that--'' and inserting ``In this \n                section:'';\n                    (C) by redesignating paragraphs (1) and (2) as \n                subparagraphs (A) and (B), respectively, and moving \n                such subparagraphs (as so redesignated) 2 ems to the \n                right;\n                    (D) by inserting before subparagraph (A) (as so \n                redesignated) the following:\n            ``(1) Recovery community organization.--The term `recovery \n        community organization' means an independent nonprofit \n        organization that--''; and\n                    (E) by adding at the end the following:\n            ``(2) Eligible entity.--The term `eligible entity' means--\n                    ``(A) a national nonprofit entity focused on \n                substance use disorder with a network of local \n                affiliates and partners that are geographically and \n                organizationally diverse; or\n                    ``(B) a nonprofit organization--\n                            ``(i) focused on substance use disorder;\n                            ``(ii) established by individuals in \n                        personal or family recovery; and\n                            ``(iii) serving prevention, treatment, \n                        recovery, payor, faith-based, and criminal \n                        justice stakeholders in the implementation of \n                        local addiction and recovery initiatives.'';\n            (2) in subsection (b)--\n                    (A) by striking ``The Secretary shall award grants \n                to recovery community organizations'' and inserting \n                ``The Secretary--\n            ``(1) shall award grants to recovery community \n        organizations'';\n                    (B) by striking ``services.'' and inserting \n                ``services and allow such organizations to use such \n                grant funds to carry out the activities described in \n                subparagraphs (A) through (C) of subsection (c)(2); \n                and''; and\n                    (C) by adding at the end the following:\n            ``(2) may award grants to eligible entities for purposes of \n        establishing regional technical assistance centers, in \n        accordance with subsection (c)(2)(D).'';\n            (3) by striking subsection (c);\n            (4) by redesignating subsections (d) and (e) as subsections \n        (c) and (d), respectively;\n            (5) in subsection (c) (as so redesignated)--\n                    (A) in paragraph (1), by striking ``shall be used'' \n                and inserting ``to a recovery community organization \n                shall be used'';\n                    (B) in paragraph (2)--\n                            (i) in subparagraph (A), in the matter \n                        preceding clause (i), by inserting before \n                        ``build'' the following: ``in the case of a \n                        grant awarded to a recovery community \n                        organization,'';\n                            (ii) in subparagraph (B)--\n                                    (I) by inserting before ``reduce'' \n                                the following: ``in the case of a grant \n                                awarded to a recovery community \n                                organization,''; and\n                                    (II) by striking ``and'' at the \n                                end;\n                            (iii) in subparagraph (C)--\n                                    (I) by inserting before ``conduct'' \n                                the following: ``in the case of a grant \n                                awarded to a recovery community \n                                organization,''; and\n                                    (II) by striking the period at the \n                                end and inserting ``; and''; and\n                            (iv) by adding at the end the following:\n                    ``(D) in the case of a grant awarded to an eligible \n                entity, provide for the establishment of regional \n                technical assistance centers to provide regional \n                technical assistance for the following:\n                            ``(i) Implementation of regionally driven, \n                        peer-delivered addiction recovery support \n                        services before, during, after, or in \n                        conjunction with addiction treatment.\n                            ``(ii) Establishment of recovery community \n                        organizations.\n                            ``(iii) Establishment of recovery community \n                        centers.''; and\n            (6) in subsection (d) (as so redesignated), by inserting \n        before the period the following: ``, and\n\n\n              \n\n         $15,000,000 for each of fiscal years 2019 through 2023''.\n\n            Passed the House of Representatives June 12, 2018.\n\n            Attest:\n\n                                                 KAREN L. HAAS,\n\n                                                                 Clerk.","title":""}
+{"_id":"c333","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Peopling of America Theme Study \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n    (a) Findings.--Congress finds that--\n            (1) an important facet of the history of the United States \n        is the story of how the United States was populated;\n            (2) the migration, immigration, and settlement of the \n        population of the United States--\n                    (A) is broadly termed the ``peopling of America''; \n                and\n                    (B) is characterized by--\n                            (i) the movement of groups of people across \n                        external and internal boundaries of the United \n                        States and territories of the United States; \n                        and\n                            (ii) the interactions of those groups with \n                        each other and with other populations;\n            (3) each of those groups has made unique, important \n        contributions to American history, culture, art, and life;\n            (4) the spiritual, intellectual, cultural, political, and \n        economic vitality of the United States is a result of the \n        pluralism and diversity of the American population;\n            (5) the success of the United States in embracing and \n        accommodating diversity has strengthened the national fabric \n        and unified the United States in its values, institutions, \n        experiences, goals, and accomplishments;\n            (6)(A) the National Park Service's official thematic \n        framework, revised in 1996, responds to the requirement of \n        section 1209 of the Civil War Sites Study Act of 1990 (16 \n        U.S.C. 1a-5 note; title XII of Public Law 101-628), that ``the \n        Secretary shall ensure that the full diversity of American \n        history and prehistory are represented'' in the identification \n        and interpretation of historic properties by the National Park \n        Service; and\n            (B) the thematic framework recognizes that ``people are the \n        primary agents of change'' and establishes the theme of human \n        population movement and change--or ``peopling places''--as a \n        primary thematic category for interpretation and preservation; \n        and\n            (7) although there are approximately 70,000 listings on the \n        National Register of Historic Places, sites associated with the \n        exploration and settlement of the United States by a broad \n        range of cultures are not well represented.\n    (b) Purposes.--The purposes of this Act are--\n            (1) to foster a much-needed understanding of the diversity \n        and contribution of the breadth of groups who have peopled the \n        United States; and\n            (2) to strengthen the ability of the National Park Service \n        to include groups and events otherwise not recognized in the \n        peopling of the United States.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n            (2) Theme study.--The term ``theme study'' means the \n        national historic landmark theme study required under section \n        4.\n            (3) Peopling of america.--The term ``peopling of America'' \n        means the migration, immigration, and settlement of the \n        population of the United States.\n\nSEC. 4. NATIONAL HISTORIC LANDMARK THEME STUDY ON THE PEOPLING OF \n              AMERICA.\n\n    (a) Theme Study Required.--The Secretary shall prepare and submit \nto Congress a national historic landmark theme study on the peopling of \nAmerica.\n    (b) Purpose.--The purpose of the theme study shall be to identify \nregions, areas, trails, districts, communities, sites, buildings, \nstructures, objects, organizations, societies, and cultures that--\n            (1) best illustrate and commemorate key events or decisions \n        affecting the peopling of America; and\n            (2) can provide a basis for the preservation and \n        interpretation of the peopling of America that has shaped the \n        culture and society of the United States.\n    (c) Identification and Designation of Potential New National \nHistoric Landmarks.--\n            (1) In general.--The theme study shall identify and \n        recommend for designation new national historic landmarks.\n            (2) List of appropriate sites.--The theme study shall--\n                    (A) include a list, in order of importance or \n                merit, of the most appropriate sites for national \n                historic landmark designation; and\n                    (B) encourage the nomination of other properties to \n                the National Register of Historic Places.\n            (3) Designation.--On the basis of the theme study, the \n        Secretary shall designate new national historic landmarks.\n    (d) National Park System.--\n            (1) Identification of sites within current units.--The \n        theme study shall identify appropriate sites within units of \n        the National Park System at which the peopling of America may \n        be interpreted.\n            (2) Identification of new sites.--On the basis of the theme \n        study, the Secretary shall recommend to Congress sites for \n        which studies for potential inclusion in the National Park \n        System should be authorized.\n    (e) Continuing Authority.--After the date of submission to Congress \nof the theme study, the Secretary shall, on a continuing basis, as \nappropriate to interpret the peopling of America--\n            (1) evaluate, identify, and designate new national historic \n        landmarks; and\n            (2) evaluate, identify, and recommend to Congress sites for \n        which studies for potential inclusion in the National Park \n        System should be authorized.\n    (f) Public Education and Research.--\n            (1) Linkages.--\n                    (A) Establishment.--On the basis of the theme \n                study, the Secretary may identify appropriate means for \n                establishing linkages--\n                            (i) between--\n                                    (I) regions, areas, trails, \n                                districts, communities, sites, \n                                buildings, structures, objects, \n                                organizations, societies, and cultures \n                                identified under subsections (b) and \n                                (d); and\n                                    (II) groups of people; and\n                            (ii) between--\n                                    (I) regions, areas, trails, \n                                districts, communities, sites, \n                                buildings, structures, objects, \n                                organizations, societies, and cultures \n                                identified under subsection (b); and\n                                    (II) units of the National Park \n                                System identified under subsection (d).\n                    (B) Purpose.--The purpose of the linkages shall be \n                to maximize opportunities for public education and \n                scholarly research on the peopling of America.\n            (2) Cooperative arrangements.--On the basis of the theme \n        study, the Secretary shall, subject to the availability of \n        funds, enter into cooperative arrangements with State and local \n        governments, educational institutions, local historical \n        organizations, communities, and other appropriate entities to \n        preserve and interpret key sites in the peopling of America.\n            (3) Educational initiatives.--\n                    (A) In general.--The documentation in the theme \n                study shall be used for broad educational initiatives \n                such as--\n                            (i) popular publications;\n                            (ii) curriculum material such as the \n                        Teaching with Historic Places program;\n                            (iii) heritage tourism products such as the \n                        National Register of Historic Places Travel \n                        Itineraries program; and\n                            (iv) oral history and ethnographic \n                        programs.\n                    (B) Cooperative programs.--On the basis of the \n                theme study, the Secretary shall implement cooperative \n                programs to encourage the preservation and \n                interpretation of the peopling of America.\n\nSEC. 5. COOPERATIVE AGREEMENTS.\n\n    The Secretary may enter into cooperative agreements with \neducational institutions, professional associations, or other entities \nknowledgeable about the peopling of America--\n            (1) to prepare the theme study;\n            (2) to ensure that the theme study is prepared in \n        accordance with generally accepted scholarly standards; and\n            (3) to promote cooperative arrangements and programs \n        relating to the peopling of America.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated such sums as are necessary \nto carry out this Act.\n\n            Passed the Senate August 3, 2001.\n\n            Attest:\n\n                                                  JERI THOMSON,\n\n                                                             Secretary.","title":""}
+{"_id":"c334","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Pet and Women Safety Act of 2017''.\n\nSEC. 2. PET INVOLVEMENT IN CRIMES RELATED TO DOMESTIC VIOLENCE AND \n              STALKING.\n\n    (a) Interstate Stalking.--Section 2261A of title 18, United States \nCode, is amended--\n            (1) in paragraph (1)(A)--\n                    (A) in clause (ii), by striking ``or'' at the end; \n                and\n                    (B) by inserting after clause (iii) the following:\n                            ``(iv) the pet of that person; or''; and\n            (2) in paragraph (2)(A)--\n                    (A) by inserting after ``to a person'' the \n                following: ``or a pet''; and\n                    (B) by striking ``or (iii)'' and inserting ``(iii), \n                or (iv)''.\n    (b) Interstate Violation of Protection Order.--Section 2262 of \ntitle 18, United States Code, is amended--\n            (1) in subsection (a)--\n                    (A) in paragraph (1), by inserting after ``another \n                person'' the following: ``or the pet of that person''; \n                and\n                    (B) in paragraph (2), by inserting after \n                ``proximity to, another person'' the following ``or the \n                pet of that person''; and\n            (2) in subsection (b)(5), by inserting after ``in any other \n        case,'' the following: ``including any case in which the \n        offense is committed against a pet,''.\n    (c) Restitution To Include Veterinary Services.--Section 2264 of \ntitle 18, United States Code, is amended in subsection (b)(3)--\n            (1) by redesignating subparagraph (F) as subparagraph (G);\n            (2) in subparagraph (E), by striking ``and'' at the end; \n        and\n            (3) by inserting after subparagraph (E) the following:\n                    ``(F) veterinary services relating to physical care \n                for the victim's pet; and''.\n    (d) Pet Defined.--Section 2266 of title 18, United States Code, is \namended by inserting after paragraph (10) the following:\n            ``(11) Pet.--The term `pet' means a domesticated animal, \n        such as a dog, cat, bird, rodent, fish, turtle, horse, or other \n        animal that is kept for pleasure rather than for commercial \n        purposes.''.\n\nSEC. 3. EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING ASSISTANCE \n              GRANT PROGRAM.\n\n    (a) In General.--The Secretary of Agriculture (hereinafter in this \nsection referred to as the ``Secretary''), acting in consultation with \nthe Office of the Violence Against Women of the Department of Justice, \nthe Secretary of Housing and Urban Development, and the Secretary of \nHealth and Human Services, shall award grants under this section to \neligible entities to carry out programs to provide the assistance \ndescribed in subsection (c) with respect to victims of domestic \nviolence, dating violence, sexual assault, or stalking and the pets of \nsuch victims.\n    (b) Application.--\n            (1) In general.--An eligible entity seeking a grant under \n        this section shall submit an application to the Secretary at \n        such time, in such manner, and containing such information as \n        the Secretary may reasonably require, including--\n                    (A) a description of the activities for which a \n                grant under this section is sought;\n                    (B) such assurances as the Secretary determines to \n                be necessary to ensure compliance by the entity with \n                the requirements of this section; and\n                    (C) a certification that the entity, before \n                engaging with any individual domestic violence victim, \n                will disclose to the victim any mandatory duty of the \n                entity to report instances of abuse and neglect \n                (including instances of abuse and neglect of pets).\n            (2) Additional requirements.--In addition to the \n        requirements of paragraph (1), each application submitted by an \n        eligible entity under that paragraph shall--\n                    (A) not include proposals for any activities that \n                may compromise the safety of a domestic violence \n                victim, including--\n                            (i) background checks of domestic violence \n                        victims; or\n                            (ii) clinical evaluations to determine the \n                        eligibility of such a victim for support \n                        services;\n                    (B) not include proposals that would require \n                mandatory services for victims or that a victim obtain \n                a protective order in order to receive proposed \n                services; and\n                    (C) reflect the eligible entity's understanding of \n                the dynamics of domestic violence, dating violence, \n                sexual assault, or stalking.\n            (3) Rules of construction.--Nothing in this subsection \n        shall be construed to require--\n                    (A) domestic violence victims to participate in the \n                criminal justice system in order to receive services; \n                or\n                    (B) eligible entities receiving a grant under this \n                section to breach client confidentiality.\n    (c) Use of Funds.--Grants awarded under this section may only be \nused for programs that provide--\n            (1) emergency and transitional shelter and housing \n        assistance for domestic violence victims with pets, including \n        assistance with respect to any construction or operating \n        expenses of newly developed or existing emergency and \n        transitional pet shelter and housing (regardless of whether \n        such shelter and housing is co-located at a victim service \n        provider or within the community);\n            (2) short-term shelter and housing assistance for domestic \n        violence victims with pets, including assistance with respect \n        to expenses incurred for the temporary shelter, housing, \n        boarding, or fostering of the pets of domestic violence victims \n        and other expenses that are incidental to securing the safety \n        of such a pet during the sheltering, housing, or relocation of \n        such victims;\n            (3) support services designed to enable a domestic violence \n        victim who is fleeing a situation of domestic violence, dating \n        violence, sexual assault, or stalking to--\n                    (A) locate and secure--\n                            (i) safe housing with the victim's pet; or\n                            (ii) safe accommodations for the victim's \n                        pet; or\n                    (B) provide the victim with pet-related services, \n                such as pet transportation, pet care services, and \n                other assistance; or\n            (4) for the training of relevant stakeholders on--\n                    (A) the link between domestic violence, dating \n                violence, sexual assault, or stalking and the abuse and \n                neglect of pets;\n                    (B) the needs of domestic violence victims;\n                    (C) best practices for providing support services \n                to such victims;\n                    (D) best practices for providing such victims with \n                referrals to victims' services; and\n                    (E) the importance of confidentiality.\n    (d) Grant Conditions.--An eligible entity that receives a grant \nunder this section shall, as a condition of such receipt, agree--\n            (1) to be bound by the nondisclosure of confidential \n        information requirements of section 40002(b)(2) of the Violence \n        Against Women Act of 1994 (42 U.S.C. 13925(b)(2)); and\n            (2) that the entity shall not condition the receipt of \n        support, housing, or other benefits provided pursuant to this \n        section on the participation of domestic violence victims in \n        any or all of the support services offered to such victims \n        through a program carried out by the entity using grant funds.\n    (e) Duration of Assistance Provided to Victims.--\n            (1) In general.--Subject to paragraph (2), assistance \n        provided with respect to a pet of a domestic violence victim \n        using grant funds awarded under this section shall be provided \n        for a period of not more than 24 months.\n            (2) Extension.--An eligible entity that receives a grant \n        under this section may extend the 24-month period referred to \n        in paragraph (1) for a period of not more than 6 months in the \n        case of a domestic violence victim who--\n                    (A) has made a good faith effort to acquire \n                permanent housing for the victim's pet during that 24-\n                month period; and\n                    (B) has been unable to acquire such permanent \n                housing within that period.\n    (f) Report to the Secretary.--Not later than 1 year after the date \non which an eligible entity receives a grant under this section and \neach year thereafter, the entity shall submit to the Secretary a report \nthat contains, with respect to assistance provided by the entity to \ndomestic violence victims with pets using grant funds received under \nthis section, information on--\n            (1) the number of domestic violence victims with pets \n        provided such assistance; and\n            (2) the purpose, amount, type of, and duration of such \n        assistance.\n    (g) Report to Congress.--\n            (1) Reporting requirement.--Not later than November 1 of \n        each even-numbered fiscal year, the Secretary shall submit to \n        the Committee on Agriculture of the House of Representatives \n        and the Committee on Agriculture, Nutrition, and Forestry of \n        the Senate a report that contains a compilation of the \n        information contained in the reports submitted under subsection \n        (f).\n            (2) Availability of report.--The Secretary shall transmit a \n        copy of the report submitted under paragraph (1) to--\n                    (A) the Office on Violence Against Women of the \n                Department of Justice;\n                    (B) the Office of Community Planning and \n                Development of the Department of Housing and Urban \n                Development; and\n                    (C) the Administration for Children and Families of \n                the Department of Health and Human Services.\n    (h) Authorization of Appropriations.--\n            (1) In general.--There are authorized to be appropriated to \n        carry out this section $3,000,000 for each of fiscal years 2017 \n        through 2021.\n            (2) Limitation.--Of the amount made available under \n        paragraph (1) in any fiscal year, not more than 5 percent may \n        be used for evaluation, monitoring, salaries, and \n        administrative expenses.\n    (i) Definitions.--In this section:\n            (1) Domestic violence victim defined.--The term ``domestic \n        violence victim'' means a victim of domestic violence, dating \n        violence, sexual assault, or stalking.\n            (2) Eligible entity.--The term ``eligible entity'' means--\n                    (A) a State;\n                    (B) a unit of local government;\n                    (C) an Indian tribe; or\n                    (D) any other organization that has a documented \n                history of effective work concerning domestic violence, \n                dating violence, sexual assault, or stalking (as \n                determined by the Secretary), including--\n                            (i) a domestic violence and sexual assault \n                        victim service provider;\n                            (ii) a domestic violence and sexual assault \n                        coalition;\n                            (iii) a community-based and culturally \n                        specific organization;\n                            (iv) any other nonprofit, nongovernmental \n                        organization; and\n                            (v) any organization that works directly \n                        with pets and collaborates with any \n                        organization referred to in clauses (i) through \n                        (iv), including--\n                                    (I) an animal shelter; and\n                                    (II) an animal welfare \n                                organization.\n            (3) Pet.--The term ``pet'' means a domesticated animal, \n        such as a dog, cat, bird, rodent, fish, turtle, horse, or other \n        animal that is kept for pleasure rather than for commercial \n        purposes.\n            (4) Other terms.--Except as otherwise provided in this \n        subsection, terms used in this section shall have the meaning \n        given such terms in section 40002(a) of the Violence Against \n        Women Act of 1994 (42 U.S.C. 13925(a)).\n\nSEC. 4. SENSE OF CONGRESS.\n\n    It is the sense of Congress that States should encourage the \ninclusion of protections against violent or threatening acts against \nthe pet of a person in domestic violence protection orders.","title":""}
+{"_id":"c335","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Phone Scam Prevention Act of 2014''.\n\nSEC. 2. AVAILABILITY OF WHITELIST SERVICES.\n\n    (a) In General.--Part I of title II of the Communications Act of \n1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 232. AVAILABILITY OF WHITELIST SERVICES.\n\n    ``(a) Definitions.--In this section--\n            ``(1) the term `voice service' means any service that \n        furnishes voice communications to an end user using resources \n        from the North American Numbering Plan or any successor plan \n        adopted by the Commission under section 251(e)(1);\n            ``(2) the term `exempt entity' means--\n                    ``(A) the Federal Government, a State, a political \n                subdivision of a State, or an agency thereof; and\n                    ``(B) any entity with respect to which the \n                Commission determines that allowing calls that \n                originate from that entity to connect directly with the \n                voice service customer premises equipment (commonly \n                referred to as `CPE') of a subscriber would serve the \n                public interest; and\n            ``(3) the term `whitelist' means a list of telephone \n        numbers, designated by a subscriber, for which calls \n        originating from those numbers to the subscriber are permitted \n        to connect directly with the voice service CPE of the \n        subscriber.\n    ``(b) Requirement To Offer Whitelist Service.--A provider of a \nvoice service shall offer each subscriber the option to designate a \nwhitelist, if technically feasible (as determined by the Commission on \na periodic basis).\n    ``(c) Treatment of Nonapproved Telephone Numbers.--\n            ``(1) In general.--If a subscriber elects to designate a \n        whitelist under subsection (b), the provider of the voice \n        service of the subscriber shall ensure that any call the \n        provider receives for termination that is not associated with a \n        telephone number on the whitelist of the subscriber or the \n        telephone number of an exempt entity is processed according to \n        preferences set by the subscriber with respect to the \n        whitelist, including by limiting or disabling the ability of an \n        incoming call to connect with the CPE of the subscriber.\n            ``(2) Safe harbor.--Whitelist processing that, in \n        accordance with the preferences of a subscriber, limits or \n        disables connection with the CPE of a subscriber shall not be \n        considered to be--\n                    ``(A) blocking traffic; or\n                    ``(B) an unjust or unreasonable practice under \n                section 201 of the Communications Act of 1934 (47 \n                U.S.C. 201).\n    ``(d) Number of Telephone Numbers on Whitelist Free of Charge.--\n            ``(1) In general.--A provider of a voice service shall \n        allow a subscriber (or a designated representative thereof) to \n        designate not less than 10 telephone numbers to be on the \n        whitelist under subsection (b), free of charge.\n            ``(2) Telephone numbers of exempt entities.--The telephone \n        number of an exempt entity shall not be considered to be on the \n        whitelist of a subscriber for purposes of calculating the 10 \n        telephone numbers that may be designated under paragraph \n        (1).''.\n    (b) Effective Date.--Section 232 of the Communications Act of 1934, \nas added by subsection (a), shall take effect on the date that is 2 \nyears after the date of enactment of this Act.\n\nSEC. 3. AUTHENTICATION OF CALL ORIGINATION.\n\n    Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 \net seq.), as amended by section 2, is amended by adding at the end the \nfollowing:\n\n``SEC. 233. AUTHENTICATION OF CALL ORIGINATION.\n\n    ``(a) Definition.--In this section, the term `voice service' means \nany service that furnishes voice communications to an end user using \nresources from the North American Numbering Plan or any successor plan \nadopted by the Commission under section 251(e)(1).\n    ``(b) Development of Authentication Standards by Commission.--Not \nlater than 5 years after the date of enactment of the Phone Scam \nPrevention Act of 2014, the Commission shall develop authentication \nstandards for providers of a voice service to validate the calling \nparty number and caller identification information of a call originated \nthrough a voice service so that the subscriber receiving the call may \nobtain--\n            ``(1) a secure assurance of the origin of the call, \n        including--\n                    ``(A) the calling party number; and\n                    ``(B) caller identification information for the \n                call; or\n            ``(2) notice that an assurance described in paragraph (1) \n        is unavailable.\n    ``(c) Adoption of Authentication Standards by Entities.--Each \nprovider of a voice service that is allocated telephone numbers from \nthe portion of the North American Numbering Plan that pertains to the \nUnited States shall adopt the authentication standards developed under \nsubsection (b).''.\n\nSEC. 4. EXPANDING AND CLARIFYING PROHIBITION ON INACCURATE CALLER ID \n              INFORMATION.\n\n    (a) Communications From Outside the United States.--Section \n227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is \namended by striking ``in connection with any telecommunications service \nor IP-enabled voice service'' and inserting ``or any person outside the \nUnited States if the recipient of the call is within the United States, \nin connection with any voice service''.\n    (b) Coverage of Text Messages and Other Voice Services.--Section \n227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is \namended--\n            (1) in subparagraph (A), by striking ``telecommunications \n        service or IP-enabled voice service'' and inserting ``voice \n        service (including a text message sent using a text messaging \n        service)'';\n            (2) in the first sentence of subparagraph (B), by striking \n        ``telecommunications service or IP-enabled voice service'' and \n        inserting ``voice service (including a text message sent using \n        a text messaging service)''; and\n            (3) by striking subparagraph (C) and inserting the \n        following:\n                    ``(C) Text message.--The term `text message'--\n                            ``(i) means a real-time or near real-time \n                        message consisting of text, images, sounds, or \n                        other information that is transmitted from or \n                        received by a device that is identified as the \n                        transmitting or receiving device by means of a \n                        telephone number;\n                            ``(ii) includes a short message service \n                        (commonly referred to as `SMS') message, an \n                        enhanced message service (commonly referred to \n                        as `EMS') message, and a multimedia message \n                        service (commonly referred to as `MMS') \n                        message; and\n                            ``(iii) does not include a real-time, 2-way \n                        voice or video communication.\n                    ``(D) Text messaging service.--The term `text \n                messaging service' means a service that permits the \n                transmission or receipt of a text message, including a \n                service provided as part of or in connection with a \n                voice service.\n                    ``(E) Voice service.--The term `voice service' \n                means any service that furnishes voice communications \n                to an end user using resources from the North American \n                Numbering Plan or any successor plan adopted by the \n                Commission under section 251(e)(1).''.\n    (c) Rules of Construction.--Nothing in this Act shall be construed \nto modify, limit, or otherwise affect--\n            (1) the authority, as of the day before the date of \n        enactment of this Act, of the Federal Communications Commission \n        to interpret the term ``call'' to include a text message (as \n        defined under section 227(e)(8) of the Communications Act of \n        1934, as added by subsection (b)); or\n            (2) any rule or order adopted by the Federal Communications \n        Commission in connection with--\n                    (A) the Telephone Consumer Protection Act of 1991 \n                (Public Law 102-243; 105 Stat. 2394) or the amendments \n                made by that Act; or\n                    (B) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et \n                seq.).\n    (d) Regulations.--Not later than 18 months after the date of \nenactment of this Act, the Federal Communications Commission shall \nprescribe regulations to implement the amendments made by this section.\n    (e) Effective Date.--The amendments made by this section shall take \neffect on the date that is 6 months after the date on which the Federal \nCommunications Commission prescribes regulations under subsection (d).","title":""}
+{"_id":"c336","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Police Creating Accountability by \nMaking Effective Recording Available Act of 2015'' or the ``Police \nCAMERA Act''.\n\nSEC. 2. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS.\n\n    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 \n(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:\n\n``PART LL--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS\n\n``SEC. 3021. GRANT PROGRAM AUTHORIZED.\n\n    ``(a) In General.--The Assistant Attorney General for the Office of \nJustice Programs (in this section referred to as the `Assistant \nAttorney General') may make grants to States, units of local \ngovernment, and Indian tribes to purchase or lease body-worn cameras \nfor use by State, local, and tribal law enforcement officers (as \ndefined in section 2503) and expenses related to the implementation of \na body-worn camera program in order to deter excessive force, improve \naccountability and transparency of use of force by law enforcement \nofficers, assist in responding to complaints against law enforcement \nofficers, and improve evidence collection.\n    ``(b) Duration of Grants.--\n            ``(1) In general.--Grants awarded under this part shall be \n        2 years in duration.\n            ``(2) Disbursement of grant amount.--In disbursing a grant \n        awarded to an entity under this section--\n                    ``(A) upon awarding the grant to the entity, the \n                Assistant Attorney General shall disburse 50 percent of \n                the total grant amount to the entity; and\n                    ``(B) upon demonstration by the entity of \n                completion of the requirements in subsection (d)(1), \n                the Assistant Attorney General shall disburse the \n                remaining 50 percent of the total grant amount to the \n                entity.\n    ``(c) Use of Funds.--Grants awarded under this section shall be--\n            ``(1) distributed directly to the State, unit of local \n        government, or Indian tribe; and\n            ``(2) used for--\n                    ``(A) the purchase or lease of body-worn cameras \n                for law enforcement officers on patrol in the \n                jurisdiction of the grantee;\n                    ``(B) any costs relating to the implementation of a \n                body-worn camera program, including law enforcement \n                officer training or the storage or maintenance of data \n                collected under a body-worn camera program; or\n                    ``(C) implementing policies or procedures to comply \n                with the requirements described in subsection (d).\n    ``(d) Requirements.--\n            ``(1) In general.--The Assistant Attorney General shall \n        award a grant under this section to a State, unit of local \n        government, or Indian tribe requesting the grant that commits \n        to--\n                    ``(A) establishing policies and procedures in \n                accordance with the requirements described in paragraph \n                (2) before law enforcement officers use of body-worn \n                cameras;\n                    ``(B) adopting data collection and retention \n                protocols as described in paragraph (3) before law \n                enforcement officers use of body-worn cameras;\n                    ``(C) making the policies and protocols described \n                in subparagraphs (A) and (B) available to the public; \n                and\n                    ``(D) complying with the requirements for use of \n                data under paragraph (4).\n            ``(2) Required policies and procedures.--An entity \n        receiving a grant under this section shall--\n                    ``(A) develop with community input and publish for \n                public view policies and protocols for--\n                            ``(i) the safe and effective use of body-\n                        worn cameras;\n                            ``(ii) the secure storage, handling, and \n                        destruction of data collected by body-worn \n                        cameras;\n                            ``(iii) protecting the privacy rights of \n                        any individual who may be recorded by a body-\n                        worn camera; and\n                            ``(iv) the release of any data collected by \n                        a body-worn camera in accordance with the open \n                        records laws, if any, of the State; and\n                    ``(B) conduct periodic evaluations of the security \n                of the storage and handling of the body-worn camera \n                data.\n            ``(3) Data collection and retention protocol.--The data \n        collection and retention protocol described in this paragraph \n        is a protocol that--\n                    ``(A) requires--\n                            ``(i) a law enforcement officer who is \n                        wearing a body-mounted camera to provide an \n                        explanation if an activity that is required to \n                        be recorded by the body-mounted camera is not \n                        recorded;\n                            ``(ii) a law enforcement officer who is \n                        wearing a body-mounted camera to obtain consent \n                        to be recorded from a crime victim or witness \n                        before interviewing the victim or witness;\n                            ``(iii) the collection of data unrelated to \n                        a legitimate law enforcement purpose be \n                        minimized to the greatest extent practicable;\n                            ``(iv) the system used to store data \n                        collected by body-worn cameras shall log all \n                        viewing, modification, or deletion of stored \n                        data and shall prevent, to the greatest extent \n                        practicable, the unauthorized access or \n                        disclosure of stored data;\n                            ``(v) any law enforcement officer be \n                        prohibited from accessing the stored data \n                        without an authorized purpose; and\n                            ``(vi) the law enforcement agency to \n                        collect and report data on--\n                                    ``(I) incidences of use of force, \n                                disaggregated by race, ethnicity, \n                                gender, and age of the victim;\n                                    ``(II) the number of complaints \n                                filed against law enforcement officers;\n                                    ``(III) the disposition of \n                                complaints filed against law \n                                enforcement officers; and\n                                    ``(IV) the number of times camera \n                                footage is used for evidence collection \n                                in investigations of crimes;\n                    ``(B) allows an individual to file a complaint with \n                a law enforcement agency relating to the improper use \n                of body-worn cameras; and\n                    ``(C) complies with any other requirements \n                established by the Assistant Attorney General.\n            ``(4) Use or transfer of data.--\n                    ``(A) In general.--Data collected by an entity \n                receiving a grant under this section from a body-\n                mounted camera shall be used only in internal and \n                external investigations of misconduct by a law \n                enforcement agency or officer, if there is reasonable \n                suspicion that a recording contains evidence of a \n                crime, or for limited training purposes. The Assistant \n                Attorney General shall establish rules to ensure that \n                the data is used only for the purposes described in \n                this subparagraph.\n                    ``(B) Prohibition on transfer.--Except as provided \n                in subparagraph (B), an entity receiving a grant under \n                this section may not transfer any data collected by the \n                entity from a body-mounted camera to another law \n                enforcement or intelligence agency.\n                    ``(C) Exceptions.--\n                            ``(i) Criminal investigation.--An entity \n                        receiving a grant under this section may \n                        transfer data collected by the entity from a \n                        body-mounted camera to another law enforcement \n                        agency or intelligence agency for use in a \n                        criminal investigation if the requesting law \n                        enforcement or intelligence agency has \n                        reasonable suspicion that the requested data \n                        contains evidence relating to the crime being \n                        investigated.\n                            ``(ii) Civil rights claims.--An entity \n                        receiving a grant under this section may \n                        transfer data collected by the law enforcement \n                        agency from a body-mounted camera to another \n                        law enforcement agency for use in an \n                        investigation of any right, privilege, or \n                        immunity secured or protected by the \n                        Constitution or laws of the United States.\n    ``(e) Matching Funds.--\n            ``(1) In general.--Except as provided in paragraph (3), the \n        Federal share of the cost of a program carried out using a \n        grant under this part may not exceed 75 percent of the total \n        cost of the program.\n            ``(2) Indian assistance.--Any funds appropriated by \n        Congress for the activities of any agency of an Indian tribal \n        government or the Bureau of Indian Affairs performing law \n        enforcement functions on any Indian lands may be used to \n        provide the non-Federal share of the matching requirement \n        described in paragraph (1).\n            ``(3) Waiver.--The Assistant Attorney General may waive, in \n        whole or in part, the matching requirement described in \n        paragraph (1) in the case of fiscal hardship, as determined by \n        the Assistant Attorney General.\n    ``(f) Allocation of Funds.--For fiscal years 2015 and 2016, of the \namounts appropriated to the Office of Justice Programs, $10,000,000 \nshall be used to carry out this part.\n\n``SEC. 3022. APPLICATIONS.\n\n    ``(a) In General.--To request a grant under this part, the chief \nexecutive of a State, unit of local government, or Indian tribe shall \nsubmit an application to the Assistant Attorney General in such form \nand containing such information as the Assistant Attorney General may \nreasonably require.\n    ``(b) Regulations.--Not later than 90 days after the date of the \nenactment of this part, the Assistant Attorney General shall promulgate \nregulations to implement this part, including the information that \nshall be included and the requirements that the States, units of local \ngovernment, and Indian tribes must meet in submitting the applications \nrequired under this section.\n\n``SEC. 3023. STUDY.\n\n    ``(a) In General.--Not later than 2 years after the date on which \nall grants are awarded under this part, the Assistant Attorney General \nshall conduct a study on--\n            ``(1) the efficacy of body-worn cameras in deterring \n        excessive force by law enforcement officers;\n            ``(2) the impact of body-worn cameras on the accountability \n        and transparency of the use of force by law enforcement \n        officers;\n            ``(3) the impact of body-worn cameras on responses to and \n        adjudications of complaints of excessive force;\n            ``(4) the effect of the use of body-worn cameras on the \n        safety of law enforcement officers on patrol;\n            ``(5) the effect of the use of body-worn cameras on public \n        safety;\n            ``(6) the impact of body-worn cameras on evidence \n        collection for criminal investigations;\n            ``(7) issues relating to the secure storage and handling of \n        data from the body-worn cameras;\n            ``(8) issues relating to the privacy of citizens and \n        officers recorded on body-worn cameras;\n            ``(9) issues relating to the public's access to body-worn \n        camera footage;\n            ``(10) the need for proper training of law enforcement \n        officers that use body-worn cameras;\n            ``(11) best practices in the development of protocols for \n        the safe and effective use of body-worn cameras; and\n            ``(12) any other factors that the Assistant Attorney \n        General determines are relevant in evaluating the efficacy of \n        body-worn cameras.\n    ``(b) Report.--Not later than 180 days after the date on which the \nstudy required under subsection (a) is completed, the Assistant \nAttorney General shall submit to Congress a report on the study.''.","title":""}
+{"_id":"c337","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Poll Tape Transparency Act of \n2008''.\n\nSEC. 2. REQUIRING STATES TO MEET STANDARDS FOR PUBLICATION OF POLL \n              TAPES.\n\n    (a) In General.--Section 301(a) of the Help America Vote Act of \n2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following \nnew paragraph:\n            ``(7) Requirements for publication of poll tapes.--\n                    ``(A) Requirements.--Each State shall meet the \n                following requirements:\n                            ``(i) Upon the closing of the polls at each \n                        polling place, the appropriate election \n                        official, under the observation of the \n                        certified tabulation observers admitted to the \n                        polling place under subparagraph (E) (if any), \n                        shall announce the vote orally, post a copy of \n                        the poll tape reflecting the totals from each \n                        voting machine upon which votes were cast in \n                        the election at the polling place, and prepare \n                        and post a statement of the total number of \n                        individuals who appeared at the polling place \n                        to cast ballots, determined by reference to the \n                        number of signatures in a sign-in book or other \n                        similar independent count. Such officials shall \n                        ensure that each of the certified tabulation \n                        observers admitted to the polling place has \n                        full access to observe the process by which the \n                        poll tapes and statement are produced and a \n                        reasonable period of time to review the poll \n                        tapes and statement before the polling place is \n                        closed, and (if feasible) shall provide such \n                        observers with identical duplicate copies of \n                        the poll tapes and statement.\n                            ``(ii) As soon as practicable, but in no \n                        event later than noon of the day following the \n                        date of the election, the appropriate election \n                        official shall display (at a prominent location \n                        accessible to the public during regular \n                        business hours and in or within reasonable \n                        proximity to the polling place) a copy of each \n                        poll tape and statement prepared under clause \n                        (i), and the information shall be displayed on \n                        the official public websites of the applicable \n                        local election official and chief State \n                        election official, together with the name of \n                        the designated voting official who entered the \n                        information and the date and time the \n                        information was entered.\n                            ``(iii) Each website on which information \n                        is posted under clause (ii) shall include \n                        information on the procedures by which \n                        discrepancies shall be reported to election \n                        officials. If any discrepancy exists between \n                        the posted information and the relevant poll \n                        tape or statement, the appropriate election \n                        official shall display information on the \n                        discrepancy on the website on which the \n                        information is posted under clause (ii) not \n                        later than 24 hours after the official is made \n                        aware of the discrepancy, and shall maintain \n                        the information on the discrepancy and its \n                        resolution (if applicable) on such website \n                        during the entire period for which results of \n                        the election are typically maintained on such \n                        website.\n                            ``(iv) The appropriate election official \n                        shall preserve archived copies of the poll \n                        tapes and statements prepared under clause (i) \n                        and reports of discrepancies filed by certified \n                        tabulation observers for the period of time \n                        during which records and papers are required to \n                        be retained and preserved pursuant to title III \n                        of the Civil Rights Act of 1960 (42 U.S.C. 1974 \n                        et seq.) or for the same duration for which \n                        archived copies of other records of the \n                        election are required to be preserved under \n                        applicable State law, whichever is longer.\n                    ``(B) Treatment of ballots cast at early voting \n                sites.--\n                            ``(i) Application.--The requirements of \n                        this subparagraph shall apply with respect to \n                        poll tapes and statements of the number of \n                        voters who voted in person at designated sites \n                        prior to the date of the election.\n                            ``(ii) Daily count of voters.--At the close \n                        of business on each day on which ballots \n                        described in clause (i) may be cast prior to \n                        the date of the election, the appropriate \n                        election official at each such site shall--\n                                    ``(I) under the observation of \n                                certified tabulation observers admitted \n                                to the site under subparagraph (E) (if \n                                any), prepare and post a statement of \n                                the total number of individuals who \n                                appeared at the site to cast ballots, \n                                determined by reference to the number \n                                of signatures in a sign-in book or \n                                other similar independent count, and \n                                the total number of ballots cast \n                                (excluding information on the votes \n                                received by individual candidates), and \n                                shall ensure that each of the certified \n                                tabulation observers admitted to the \n                                site has full access to observe the \n                                process by which the statement is \n                                produced and a reasonable period of \n                                time to review the statement before the \n                                site is closed; and\n                                    ``(II) display at the site during \n                                regular business hours for the duration \n                                of the early voting period a paper copy \n                                of the statement prepared under \n                                subclause (I).\n                            ``(iii) Application of general requirements \n                        for poll tapes and statements.--Upon the \n                        closing of the polls on the date of the \n                        election, the appropriate election official at \n                        each designated site described in this \n                        subparagraph shall meet the requirements of \n                        subparagraph (A) (including requirements \n                        relating to the role of certified tabulation \n                        observers) in the same manner as an election \n                        official at a polling place.\n                    ``(C) Treatment of absentee ballots.--\n                            ``(i) Daily count of ballots mailed and \n                        received.--At the close of each business day on \n                        which a State mails or accepts absentee ballots \n                        cast in an election for Federal office prior to \n                        the date of the election, the appropriate \n                        election official shall--\n                                    ``(I) under the observation of \n                                certified tabulation observers admitted \n                                under subparagraph (E) to the site at \n                                which the ballots are mailed and \n                                received (if any), prepare and post a \n                                statement of the total number of \n                                absentee ballots mailed and received by \n                                the official during that day and a \n                                separate count of the number of \n                                absentee ballots received but rejected \n                                (separated into categories of the \n                                reasons for rejection), and ensure that \n                                each of the certified tabulation \n                                observers admitted to the site has full \n                                access to observe the process by which \n                                the statement is produced and a \n                                reasonable period of time to review the \n                                statement before the site is closed; \n                                and\n                                    ``(II) display at the site during \n                                regular business hours for the duration \n                                of the period during which absentee \n                                ballots are processed a paper copy of \n                                the statement prepared under subclause \n                                (I).\n                            ``(ii) Application of general requirements \n                        for poll tapes and statements.--At the close of \n                        business on the last day on which absentee \n                        ballots are counted prior to the certification \n                        of the election, the appropriate election \n                        official at the site at which absentee ballots \n                        are received and counted shall meet the \n                        requirements of subparagraph (A) (including \n                        requirements relating to the role of certified \n                        tabulation observers) in the same manner as an \n                        election official at a polling place.\n                    ``(D) Daily count of provisional ballots.--At the \n                close of business on the day on which the appropriate \n                election official determines whether or not provisional \n                ballots cast in an election for Federal office will be \n                counted as votes in the election (as described in \n                section 302(a)(4)), the official shall--\n                            ``(i) under the observation of certified \n                        tabulation observers admitted under \n                        subparagraph (E) to the site at which the \n                        determination is made (if any), prepare and \n                        post a statement of the number of such ballots \n                        for which a determination was made, the number \n                        of ballots counted, and the number of ballots \n                        rejected (separated into categories of the \n                        reason for the rejection), and ensure that each \n                        of the certified tabulation observers admitted \n                        to the site has full access to observe the \n                        process by which the statement is produced and \n                        a reasonable period of time to review the \n                        statement before the site is closed; and\n                            ``(ii) display at the site during regular \n                        business hours for the duration of the period \n                        during which provisional ballots are processed \n                        a paper copy of the statement prepared under \n                        clause (i).\n                    ``(E) Admission of certified tabulation \n                observers.--\n                            ``(i) Certified tabulation observer \n                        defined.--In this paragraph, a `certified \n                        tabulation observer' is an individual who is \n                        certified by an appropriate election official \n                        as authorized to carry out the responsibilities \n                        of a certified tabulation observer under this \n                        paragraph.\n                            ``(ii) Selection.--In determining which \n                        individuals to certify as tabulation observers \n                        and admit to a polling place or other location \n                        to serve as certified tabulation observers with \n                        respect to an election for Federal office, the \n                        election official shall give preference to \n                        individuals who are affiliated with a candidate \n                        in the election, except that--\n                                    ``(I) the number of individuals \n                                admitted who are affiliated with the \n                                same candidate for Federal office may \n                                not exceed one; and\n                                    ``(II) the maximum number of \n                                individuals who may be admitted shall \n                                equal the number of candidates in the \n                                election plus 3, or such greater number \n                                as may be authorized under State law.\n                            ``(iii) No effect on admission of other \n                        observers.--Nothing in this subparagraph may be \n                        construed to limit or otherwise affect the \n                        authority of other individuals to enter and \n                        observe polling place operations under any \n                        other law, including international observers \n                        authorized under any treaty or observers of the \n                        Federal Government authorized under the Voting \n                        Rights Act of 1965.\n                    ``(F) No effect on other tabulation requirements.--\n                Nothing in this Act may be construed to supersede any \n                requirement that an election official at a polling \n                place report vote totals to a central tabulation \n                facility and address discrepancies the official finds \n                in the aggregation of those totals with other vote \n                totals.''.\n    (b) Effective Date.--Section 301(d) of such Act (42 U.S.C. \n15481(d)) is amended by striking ``January 1, 2006'' and inserting \n``January 1, 2006 (or, in the case of the requirements of subsection \n(a)(7), shall meet such requirements with respect to the first election \nfor Federal office held after the date of the enactment of the Poll \nTape Transparency Act of 2008 and each subsequent election for Federal \noffice)''.","title":""}
+{"_id":"c338","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Ports-to-Forts Act of 2012''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Seaports serve vital national interests by supporting \n        the mobilization and deployment of United States troops, \n        facilitating the flow of trade, and creating jobs.\n            (2) The Commercial Strategic Seaport Grant Program is \n        designed to facilitate the movement of military forces securely \n        through United States seaports with minimal disruptions to \n        commerce.\n            (3) The exponential growth of commercial cargo over the \n        past 20 years has generated concern over the potential for \n        conflict between military and commercial needs and about the \n        future adequacy of the commercial strategic seaport \n        infrastructure to meet national security requirements.\n            (4) The existing infrastructure at seaports may not be \n        readily available when required by the Department of Defense.\n\nSEC. 3. COMMERCIAL STRATEGIC SEAPORT GRANT PROGRAM.\n\n    (a) In General.--The Maritime Administrator, subject to the \navailability of appropriations, may make a grant to a State or port \nauthority to assist that State or port authority to conduct repair or \nconstruction activities relating to a commercial strategic seaport.\n    (b) Application.--\n            (1) In general.--To be eligible for a grant under this \n        section, a State or port authority shall submit to the \n        Administrator, by not later than 1 year after publication of \n        notice under paragraph (2), an application in such form and \n        containing such information as the Administrator may require. \n        The application shall include, at a minimum, a certification \n        that any grant funds received by the State or port authority \n        shall be used only as provided under subsection (c).\n            (2) Notice.--Not later than 180 days after the date of \n        enactment of this Act, the Administrator shall, in the Federal \n        Register, publish notice that applications are being accepted \n        for grants under subsection (a).\n            (3) Application acceptability.--If the Administrator \n        determines that an application received under paragraph (1) is \n        incomplete or unacceptable, the Administrator shall--\n                    (A) reject the application; and\n                    (B) advise the State or port authority that \n                submitted the application of the reasons for the \n                rejection.\n            (4) Reapplication.--If the Administrator rejects a State's \n        or port authority's application under paragraph (1), that State \n        or port authority may submit an additional application under \n        that paragraph not later than the end of the 1-year application \n        period established under that paragraph.\n    (c) Use of Funds.--\n            (1) State.--A State that receives a grant under subsection \n        (a) may only use funds from such grant for direct or indirect \n        costs of repair or construction activities relating to--\n                    (A) a commercial strategic seaport; or\n                    (B) bridges, roads, rail systems, and other \n                infrastructure in the vicinity of such seaport.\n            (2) Port authority.--A port authority that receives a grant \n        under subsection (a) may only use funds from such grant for \n        direct or indirect costs of repair or construction activities \n        relating to infrastructure that is part of the commercial \n        strategic seaport.\n    (d) Reporting Requirement.--Not later than 1 year after the date on \nwhich a State or port authority receives a grant under subsection (a), \nand annually thereafter until all repair or construction activities to \nbe carried out under the grant are completed, the State or port \nauthority shall submit a report to the Administrator that includes--\n            (1) a description of the progress made with respect to such \n        activities; and\n            (2) a detailed list of all expenses related to such \n        activities.\n    (e) Authorization of Use of Department of Defense Appropriations.--\nSuch sums as are necessary to carry out this section may be used by the \nMaritime Administrator from any amounts otherwise appropriated for the \nDepartment of Defense after the date of the enactment of this Act.\n    (f) Definitions.--In this section:\n            (1) Commercial strategic seaport.--The term ``commercial \n        strategic seaport'' means a port (including bridges, roads, \n        rail systems, and other infrastructure that is part of the \n        port) that the Secretary of Defense has determined to be vital \n        to the readiness and cargo throughput capacity of the \n        Department of Defense.\n            (2) Port authority.--The term ``port authority'' means a \n        local port authority with jurisdiction over a commercial \n        strategic seaport.\n            (3) State.--The term ``State'' means each of the several \n        States of the United States and Guam.","title":""}
+{"_id":"c339","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Preparing Teachers for Digital Age \nLearners Act of 2008''.\n\nSEC. 2. TEACHER PREPARATION.\n\n    Part B of title II of the Higher Education Act of 1965 (20 U.S.C. \n1041 et seq.) is amended to read as follows:\n\n         ``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS\n\n``SEC. 221. DEFINITIONS.\n\n    ``For purposes of this part:\n            ``(1) Arts and sciences.--The term `arts and sciences' \n        means--\n                    ``(A) when referring to an organizational unit of \n                an institution of higher education, any academic unit \n                that offers 1 or more academic majors in disciplines or \n                content areas corresponding to the academic subject \n                matter areas in which teachers provide instruction; and\n                    ``(B) when referring to a specific academic subject \n                area, the disciplines or content areas in which \n                academic majors are offered by the arts and sciences \n                organizational unit.\n            ``(2) High-need school.--The term `high-need school' means \n        a public elementary school or public secondary school that--\n                    ``(A) is among the highest 25 percent of schools \n                served by the local educational agency that serves the \n                school, in terms of the percentage of students from \n                families with incomes below the poverty line; or\n                    ``(B) is designated with a school locale code of \n                Rural: Fringe, Rural: Distant, or Rural: Remote, as \n                determined by the Secretary.\n            ``(3) Poverty line.--The term `poverty line' means the \n        poverty line (as defined in section 673(2) of the Community \n        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a \n        family of the size involved.\n            ``(4) Professional development.--The term `professional \n        development' has the meaning given the term in section 9101 of \n        the Elementary and Secondary Education Act of 1965.\n\n``SEC. 222. PROGRAM AUTHORIZED.\n\n    ``(a) Program Authority.--The Secretary is authorized to award \ngrants to, or enter into contracts or cooperative agreements with, \neligible consortia to pay the Federal share of the costs of projects \nto--\n            ``(1) graduate teacher candidates who are prepared to use \n        modern information, communication, and learning tools to--\n                    ``(A) improve student learning, assessment, and \n                learning management; and\n                    ``(B) help students develop skills to succeed in \n                higher education and enter the workforce; and\n            ``(2) strengthen and develop partnerships among the \n        stakeholders in teacher preparation to transform teacher \n        education and ensure technology rich learning environments \n        throughout a teacher candidate's pre-service education, \n        including clinical experiences.\n    ``(b) Amount and Duration.--A grant, contract, or cooperative \nagreement under this part--\n            ``(1) shall be for not more than $2,000,000;\n            ``(2) shall be for a 3-year period; and\n            ``(3) may be renewed for one additional year.\n    ``(c) Non-Federal Share Requirement.--The Federal share of the cost \nof any project funded under this part shall not exceed 75 percent. The \nnon-Federal share of the cost of such project may be provided in cash \nor in kind, fairly evaluated, including services.\n    ``(d) Definition of Eligible Consortium.--In this part, the term \n`eligible consortium' means a consortium of members that includes the \nfollowing:\n            ``(1) At least one institution of higher education that \n        awards baccalaureate or masters degrees and prepares teachers \n        for initial entry into teaching.\n            ``(2) At least one State educational agency or local \n        educational agency.\n            ``(3) A department, school, or college of education at an \n        institution of higher education.\n            ``(4) A department, school, or college of arts and sciences \n        at an institution of higher education.\n            ``(5) At least one entity with the capacity to contribute \n        to the technology-related reform of teacher preparation \n        programs, which may be a professional association, foundation, \n        museum, library, for-profit business, public or private \n        nonprofit organization, community-based organization, or other \n        entity.\n\n``SEC. 223. USES OF FUNDS.\n\n    ``(a) In General.--An eligible consortium that receives a grant or \nenters into a contract or cooperative agreement under this part shall \nuse funds made available under this part to carry out a project that--\n            ``(1) develops long-term partnerships among members of the \n        consortium that are focused on effective teaching with modern \n        digital tools and content that substantially connect pre-\n        service preparation of teacher candidates with high-needs \n        schools; or\n            ``(2) transforms the way departments, schools, and colleges \n        of education teach classroom technology integration, including \n        the principles of universal design, to teacher candidates.\n    ``(b) Uses of Funds for Partnership Grants.--In carrying out a \nproject under subsection (a)(1), an eligible consortium shall--\n            ``(1) provide teacher candidates, early in their \n        preparation, with field experiences in educational settings \n        with technology;\n            ``(2) build the skills of teacher candidates to support \n        technology-rich instruction, assessment and learning management \n        in content areas, technology literacy, an understanding of the \n        principles of universal design, and the development of other \n        skills for success in higher education and for entering the \n        workforce;\n            ``(3) provide professional development in the use of \n        technology for teachers, administrators, and content \n        specialists who participate in field placement;\n            ``(4) provide professional development of technology \n        pedagogical skills for faculty of departments, schools, and \n        colleges of education and arts and sciences;\n            ``(5) implement strategies for the mentoring of teacher \n        candidates with respect to technology implementation by members \n        of the consortium;\n            ``(6) evaluate teacher candidates during the first years of \n        teaching to fully assess outcomes of the project;\n            ``(7) build collaborative learning communities for \n        technology integration within the consortium to sustain \n        meaningful applications of technology in the classroom during \n        teacher preparation and early career practice; and\n            ``(8) evaluate the effectiveness of the project.\n    ``(c) Uses of Funds for Transformation Grants.--In carrying out a \nproject under subsection (a)(2), an eligible consortium shall--\n            ``(1) redesign curriculum to require collaboration between \n        the department, school, or college of education faculty and the \n        department, school, or college of arts and sciences faculty who \n        teach content or methods courses for training teacher \n        candidates;\n            ``(2) collaborate between the department, school, or \n        college of education faculty and the department, school, or \n        college of arts and science faculty and academic content \n        specialists at the local educational agency to educate pre-\n        service teachers who can integrate technology and pedagogical \n        skills in content areas;\n            ``(3) collaborate between the department, school, or \n        college of education faculty and the department, school, or \n        college of arts and sciences faculty who teach courses to pre-\n        service teachers to--\n                    ``(A) develop and implement a plan for pre-service \n                teachers and continuing educators that demonstrates \n                effective instructional strategies and application of \n                such strategies in the use of digital tools to \n                transform the teaching and learning process; and\n                    ``(B) better reach underrepresented pre-service \n                teacher populations with programs that connect such \n                pre-service teacher populations with applications of \n                technology;\n            ``(4) collaborate among faculty and students to create and \n        disseminate case studies of technology applications in \n        classroom settings with a goal of improving student achievement \n        in high-need schools;\n            ``(5) provide additional technology resources for pre-\n        service teachers to plan and implement technology applications \n        in classroom settings that provide evidence of student \n        learning; and\n            ``(6) bring together expertise from departments, schools, \n        or colleges of education, arts and science faculty, and \n        academic content specialists at the local educational agency to \n        share and disseminate technology applications in the classroom \n        through teacher preparation and into early career practice.\n\n``SEC. 224. APPLICATION REQUIREMENTS.\n\n    ``To be eligible to receive a grant or enter into a contract or \ncooperative agreement under this part, an eligible consortium shall \nsubmit an application to the Secretary at such time, in such manner, \nand containing such information as the Secretary may require. Such \napplication shall include the following:\n            ``(1) A description of the project to be carried out with \n        the grant, including how the project will--\n                    ``(A) develop a long-term partnership focused on \n                effective teaching with modern digital tools and \n                content that substantially connects pre-service \n                preparation of teacher candidates with high-need \n                schools; or\n                    ``(B) transform the way departments, schools, and \n                colleges of education teach classroom technology \n                integration, including the principles of universal \n                design, to teacher candidates.\n            ``(2) A demonstration of--\n                    ``(A) the commitment, including the financial \n                commitment, of each of the members of the consortium \n                for the proposed project; and\n                    ``(B) the support of the leadership of each \n                organization that is a member of the consortium for the \n                proposed project.\n            ``(3) A description of how each member of the consortium \n        will participate in the project.\n            ``(4) A description of how the State or local educational \n        agency will incorporate the project into the agency's \n        technology plan, if such a plan already exists.\n            ``(5) A description of how the project will be continued \n        after Federal funds are no longer available under this part for \n        the project.\n            ``(6) A description of how the project will incorporate--\n                    ``(A) State teacher technology standards; and\n                    ``(B) State student technology standards.\n            ``(7) A plan for the evaluation of the project, which shall \n        include benchmarks to monitor progress toward specific project \n        objectives.\n\n``SEC. 225. EVALUATION.\n\n    ``Not less than 10 percent of the funds awarded to an eligible \nconsortium to carry out a project under this part shall be used to \nevaluate the effectiveness of such project.\n\n``SEC. 226. AUTHORIZATION OF APPROPRIATIONS.\n\n    ``There is authorized to be appropriated $100,000,000 to carry out \nthis part for fiscal year 2009 and such sums as may be necessary for \neach of the 2 succeeding fiscal years.''.","title":""}
+{"_id":"c34","text":"SECTION 1. FINDINGS; PURPOSE.\n\n    (a) Findings.--Congress makes the following findings:\n            (1) Billing practices by telecommunications carriers may \n        not reflect accurately the cost or basis of the additional \n        telecommunications services and benefits that consumers receive \n        as a result of the enactment of the Telecommunications Act of \n        1996 (Public Law 104-104) and other Federal regulatory actions \n        taken since the enactment of that Act.\n            (2) Congress has never enacted a law with the intent of \n        permitting providers of telecommunications services to \n        misrepresent to customers the costs of providing services or \n        the services provided.\n            (3) Certain providers of telecommunications services have \n        established new, specific charges on customer bills commonly \n        known as ``line-item charges''.\n            (4) Certain providers of telecommunications services have \n        described such charges as ``Federal Universal Service Fees'' or \n        similar fees.\n            (5) Such charges have generated significant confusion among \n        customers regarding the nature of and scope of universal \n        service and of the fees associated with universal service.\n            (6) The State of New York is considering action to protect \n        consumers by requiring telecommunications carriers to disclose \n        fully in the bills of all classes of customers the fee \n        increases and fee reductions resulting from the enactment of \n        the Telecommunications Act of 1996 and other regulatory actions \n        taken since the enactment of that Act.\n            (7) The National Association of Regulatory Utility \n        Commissioners adopted a resolution in February 1998 supporting \n        action by the Federal Communications Commission to require \n        interstate carriers to provide accurate customer notice \n        regarding the implementation and purpose of end user charges.\n    (b) Purpose.--It is the purpose of this Act to require the Federal \nCommunications Commission and the Federal Trade Commission to protect \nconsumers of telecommunications services by assuring accurate cost \nreporting and billing practices by telecommunications carriers \nnationwide.\n\nSEC. 2. INVESTIGATION OF TELECOMMUNICATIONS CARRIERS BILLING PRACTICES.\n\n    (a) Investigation.--\n            (1) Requirement.--The Federal Communications Commission and \n        the Federal Trade Commission shall jointly conduct an \n        investigation of the billing practices of telecommunications \n        carriers.\n            (2) Purpose.--The purpose of the investigation is to \n        determine whether the bills sent by carriers to their customers \n        accurately assess and correctly characterize any additional \n        fees paid by such customers for telecommunications services as \n        a result of the enactment of the Telecommunications Act of 1996 \n        (Public Law 104-104) and other Federal regulatory actions taken \n        since the enactment of that Act.\n    (b) Determinations.--In carrying out the investigation under \nsubsection (a), the Federal Communications Commission and the Federal \nTrade Commission shall determine the following:\n            (1) The amount, if any, of additional fees imposed by \n        telecommunications carriers on their customers as a result of \n        the requirements of the Telecommunications Act of 1996 \n        (including the amendments made by that Act) and other Federal \n        regulatory actions taken since the enactment of that Act during \n        the period beginning on June 30, 1997, and ending on the date \n        of enactment of that Act.\n            (2) In the event that additional fees described in \n        paragraph (1) are being imposed, the following:\n                    (A) Whether the amount of such fees accurately \n                reflect--\n                            (i) the additional costs to carriers as a \n                        result of the enactment of that Act (including \n                        the amendments made by that Act) and other \n                        Federal regulatory actions taken since the \n                        enactment of that Act; and\n                            (ii) any reductions in costs, or other \n                        financial benefits, to carriers as a result of \n                        the enactment of that Act (including such \n                        amendments) and other Federal regulatory \n                        actions taken since the enactment of that Act.\n                    (B) Whether the bills that impose such fees \n                characterize correctly the nature and basis of such \n                fees.\n    (c) Review of Records.--\n            (1) Authority.--For purposes of the investigation under \n        subsection (a), the Federal Communications Commission and the \n        Federal Trade Commission may obtain from any telecommunications \n        carrier any record of the carrier that is relevant to the \n        investigation.\n            (2) Use.--The Federal Communications Commission and the \n        Federal Trade Commission may use records obtained under this \n        subsection only for purposes of the investigation.\n    (d) Disciplinary Actions.--\n            (1) In general.--In the event that the Federal \n        Communications Commission or the Federal Trade Commission \n        determine as a result of the investigation under subsection (a) \n        that the bills sent by a telecommunications carrier to its \n        customers does not accurately assess or correctly characterize \n        any fee addressed in the investigation, the Federal \n        Communications Commission or the Federal Trade Commission, as \n        the case may be, shall take such actions against the carrier as \n        such Commission is authorized to take under law.\n            (2) Additional actions.--If the Federal Communications \n        Commission or the Federal Trade Commission determines that such \n        Commission does not have adequate authority under law to take \n        appropriate actions under paragraph (1), the Federal \n        Communications Commission and the Federal Trade Commission \n        shall notify Congress of that determination in the report under \n        subsection (e).\n    (e) Report.--Not later than 45 days after the date of enactment of \nthis Act, the Federal Communications Commission and the Federal Trade \nCommission shall jointly submit to Congress a report on the results of \nthe investigation under subsection (a). The report shall include the \ndetermination, if any, of either Commission under subsection (d)(2) and \nany recommendations for further legislative action that the Commissions \nconsider appropriate.\n\nSEC. 3. REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS IMPOSING CERTAIN \n              FEES FOR SERVICES.\n\n    (a) Requirements.--Any telecommunications carrier that includes on \nany of the bills sent to its customers a charge described in subsection \n(b) shall--\n            (1) specify in the bill imposing such charge any reduction \n        in charges or fees allocable to all classes of customers \n        (including customers of residential basic service, customers of \n        other residential services, small business customers, and other \n        business customers) by reason of any regulatory action of the \n        Federal Government; and\n            (2) submit to the Federal Communications Commission the \n        reports required to be submitted by the carrier to the \n        Securities and Exchange Commission under sections 13(a) and \n        15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. \n        78m(a), 78o(d)).\n    (b) Covered Charges.--Subsection (a) applies in the case of the \nfollowing charges:\n            (1) Any specific charge included after June 30, 1997, if \n        the imposition of the charge is attributed to a regulatory \n        action of the Federal Government.\n            (2) Any specific charge included before that date if the \n        description of the charge is changed after that date to \n        attribute the imposition of the charge to a regulatory action \n        of the Federal Government.","title":""}
+{"_id":"c340","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Prescription Drug Fairness for \nSeniors Act of 1998''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n    (a) Findings.--The Congress finds the following:\n            (1) Manufacturers of prescription drugs engage in price \n        discrimination practices that compel many older Americans to \n        pay substantially more for prescription drugs than the drug \n        manufacturers' most favored customers, such as health insurers, \n        health maintenance organizations, and the Federal Government.\n            (2) On average, older Americans who buy their own \n        prescription drugs pay twice as much for prescription drugs as \n        the drug manufacturers' most favored customers. In some cases, \n        older Americans pay over 15 times more for prescription drugs \n        than the most favored customers.\n            (3) The discriminatory pricing by major drug manufacturers \n        sustains their annual profits of $20,000,000,000, but causes \n        financial hardship and impairs the health and well-being of \n        millions of older Americans. More than one in eight older \n        Americans are forced to choose between buying their food and \n        buying their medicines.\n            (4) Most federally funded health care programs, including \n        Medicaid, the Veterans Health Administration, the Public Health \n        Service, and the Indian Health Service, obtain prescription \n        drugs for their beneficiaries at low prices. Medicare \n        beneficiaries are denied this benefit and cannot obtain their \n        prescription drugs at the favorable prices available to other \n        federally funded health care programs.\n            (5) It has been estimated that implementation of the policy \n        set forth in this Act will reduce prescription prices for \n        Medicare beneficiaries by more than 40 percent.\n            (6) In addition to substantially lowering health care costs \n        for older Americans, implementation of the policy set forth in \n        this Act will significantly improve the health and well-being \n        of older Americans and lower the costs to the Federal taxpayer \n        of the Medicare program.\n    (b) Purpose.--The purpose of this Act is to protect Medicare \nbeneficiaries from discriminatory pricing by drug manufacturers and to \nmake prescription drugs available to Medicare beneficiaries at \nsubstantially reduced prices, by allowing pharmacies to purchase drugs \nfor Medicare beneficiaries at the substantially reduced price available \nunder the Federal Supply Schedule.\n\nSEC. 3. MEDICARE BENEFICIARY DRUG BENEFIT CARD.\n\n    The Secretary of Health and Human Services shall furnish to each \nMedicare beneficiary a drug benefit card that enables the beneficiary \nto purchase covered prescription drugs from participating pharmacies at \nreduced prices pursuant to section 4.\n\nSEC. 4. PARTICIPATING PHARMACIES.\n\n    (a) Agreements to Participate.--Any qualified pharmacy may enter \ninto an agreement with the Secretary that enables the pharmacy to sell \ncovered outpatient drugs to holders of Medicare drug benefit cards at a \nreduced price, by authorizing the pharmacy to operate as a \nparticipating pharmacy under this Act.\n    (b) Right of Participating Pharmacies To Obtain Drugs.--An \nagreement under this section shall entitle the participating pharmacy \nto purchase any covered outpatient drug that is listed on the Federal \nSupply Schedule of the General Services Administration at the \nparticipating pharmacy discount price for that drug determined under \nsubsection (d).\n    (c) Quantity of Drugs Purchased.--An agreement under this section \nshall permit the participating pharmacy to purchase under this Act as \nmuch of a covered outpatient drug as is sold by the pharmacy to holders \nof Medicare drug benefit cards.\n    (d) Participating Pharmacy Discount Price.--\n            (1) In general.--The Secretary shall determine a \n        participating pharmacy discount price for each covered \n        outpatient drug.\n            (2) Determination.--The participating pharmacy discount \n        price for a covered outpatient drug shall be determined by \n        adding--\n                    (A) the price at which the drug is available to \n                Federal agencies from the Federal Supply Schedule under \n                section 8126 of title 38, United States Code; plus\n                    (B) an amount that reflects the administrative \n                costs incurred by the Secretary in administering this \n                Act.\n\nSEC. 5. ADMINISTRATION.\n\n    (a) In General.--The Secretary shall administer this Act in a \nmanner that uses existing methods of obtaining and distributing drugs \nto the maximum extent possible, consistent with efficiency and cost \neffectiveness.\n    (b) Regulations.--The Secretary shall issue such regulations as may \nbe necessary to implement this Act.\n\nSEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT.\n\n    (a) In General.--Not later than 2 years after the date of the \nenactment of this Act, and annually thereafter, the Secretary shall \nreport to the Congress regarding the effectiveness of this Act in--\n            (1) protecting Medicare beneficiaries from discriminatory \n        pricing by drug manufacturers; and\n            (2) making prescription drugs available to Medicare \n        beneficiaries at substantially reduced prices.\n    (b) Consultation.--In preparing such reports, the Secretary shall \nconsult with public health experts, affected industries, organizations \nrepresenting consumers and older Americans, and other interested \npersons.\n    (c) Recommendations.--The Secretary shall include in such reports \nany recommendations they consider appropriate for changes in this Act \nto further reduce the cost of covered outpatient drugs to Medicare \nbeneficiaries.\n\nSEC. 7. DEFINITIONS.\n\n    In this Act:\n            (1) Covered outpatient drug.--The term ``covered outpatient \n        drug'' has the meaning given that term in section 1927(k)(2) of \n        the Social Security Act (42 U.S.C. 1396r-8(k)(2)).\n            (2) Medicare beneficiary.--The term ``Medicare \n        beneficiary'' means an individual entitled to benefits under \n        part A of title XVIII of the Social Security Act or enrolled \n        under part B of such title, or both.\n            (3) Medicare drug benefit card.--The term ``Medicare drug \n        benefit card'' means such a card issued under section 3.\n            (4) Secretary.--The term ``Secretary'' means the Secretary \n        of Health and Human Services.\n\nSEC. 8. EFFECTIVE DATE.\n\n    The Secretary shall implement this Act as expeditiously as \npracticable and in a manner consistent with the obligations of the \nUnited States.","title":""}
+{"_id":"c341","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Preserving Crime Victims' \nRestitution Act of 2006''.\n\nSEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL CRIMINAL PROCEEDINGS.\n\n    (a) In General.--Subchapter A of chapter 227 of title 18, United \nStates Code, is amended by adding at the end the following:\n``Sec. 3560. Effect of death of a defendant in Federal criminal \n              proceedings\n    ``(a) General Rule.--Notwithstanding any other provision of law, \nthe death of a defendant who has been convicted of a Federal criminal \noffense shall not be the basis for abating or otherwise invalidating a \nplea of guilty or nolo contendere accepted, a verdict returned, a \nsentence announced, or a judgment entered prior to the death of that \ndefendant, or for dismissing or otherwise invalidating the indictment, \ninformation, or complaint on which such a plea, verdict, sentence, or \njudgment is based, except as provided in this section.\n    ``(b) Death After Plea or Verdict.--\n            ``(1) Entry of judgment.--If a defendant dies after a plea \n        of guilty or nolo contendere has been accepted or a verdict has \n        been returned, but before judgment is entered, the court shall \n        enter a judgment incorporating the plea of guilty or nolo \n        contendere or the verdict, with the notation that the defendant \n        died before the judgment was entered.\n            ``(2) Punitive sanctions.--\n                    ``(A) Death before sentence announced.--If a \n                defendant dies after a plea of guilty or nolo \n                contendere has been accepted or a verdict has been \n                returned and before a sentence has been announced, no \n                sentence of probation, supervision, or imprisonment may \n                be imposed, no criminal forfeiture may be ordered, and \n                no liability for a fine or special assessment may be \n                imposed on the defendant or the defendant's estate.\n                    ``(B) Death after sentencing or judgment.--The \n                death of a defendant after a sentence has been \n                announced or a judgment has been entered, and before \n                that defendant has exhausted or waived the right to a \n                direct appeal--\n                            ``(i) shall terminate any term of \n                        probation, supervision, or imprisonment, and \n                        shall terminate the liability of that defendant \n                        to pay any amount remaining due of a criminal \n                        forfeiture, of a fine under section 3613(b), or \n                        of a special assessment under section 3013; and\n                            ``(ii) shall not require return of any \n                        portion of any criminal forfeiture, fine, or \n                        special assessment already paid.\n            ``(3) Restitution.--\n                    ``(A) Death before sentence announced.--If a \n                defendant dies after a plea of guilty or nolo \n                contendere has been accepted or a verdict has been \n                returned and before a sentence has been announced, the \n                court shall, upon a motion under subsection (c)(2) by \n                the Government or any victim of that defendant's crime, \n                commence a special restitution proceeding at which the \n                court shall adjudicate and enter a final order of \n                restitution against the estate of that defendant in an \n                amount equal to the amount that would have been imposed \n                if that defendant were alive.\n                    ``(B) Death after sentencing or judgment.--The \n                death of a defendant after a sentence has been \n                announced shall not be a basis for abating or otherwise \n                invalidating restitution announced at sentencing or \n                ordered after sentencing under section 3664(d)(5) of \n                this title or any other provision of law.\n            ``(4) Civil proceedings.--The death of a defendant after a \n        plea of guilty or nolo contendere has been accepted, a verdict \n        returned, a sentence announced, or a judgment entered, shall \n        not prevent the use of that plea, verdict, sentence, or \n        judgment in civil proceedings, to the extent otherwise \n        permitted by law.\n    ``(c) Appeals, Motions, and Petitions.--\n            ``(1) In general.--Except as provided in paragraph (2), \n        after the death of a defendant convicted in a criminal case--\n                    ``(A) no appeal, motion, or petition by or on \n                behalf of that defendant or the personal representative \n                or estate of that defendant, the Government, or a \n                victim of that defendant's crime seeking to challenge \n                or reinstate a plea of guilty or nolo contendere \n                accepted, a verdict returned, a sentence announced, or \n                a judgment entered prior to the death of that defendant \n                shall be filed in that case after the death of that \n                defendant; and\n                    ``(B) any pending motion, petition, or appeal in \n                that case shall be dismissed with the notation that the \n                dismissal is due to the death of the defendant.\n            ``(2) Exceptions.--\n                    ``(A) Restitution.--After the death of a defendant \n                convicted in a criminal case, the personal \n                representative of that defendant, the Government, or \n                any victim of that defendant's crime may file or pursue \n                an otherwise permissible direct appeal, petition for \n                mandamus or a writ of certiorari, or an otherwise \n                permissible motion described in section 3663, 3663A, \n                3664, or 3771, to the extent that the appeal, petition, \n                or motion raises an otherwise permissible claim to--\n                            ``(i) obtain, in a special restitution \n                        proceeding, a final order of restitution under \n                        subsection (b)(3);\n                            ``(ii) enforce, correct, amend, adjust, \n                        reinstate, or challenge any order of \n                        restitution; or\n                            ``(iii) challenge or reinstate a verdict, \n                        plea of guilty or nolo contendere, sentence, or \n                        judgment on which--\n                                    ``(I) a restitution order is based; \n                                or\n                                    ``(II) restitution is being or will \n                                be sought by an appeal, petition, or \n                                motion under this paragraph.\n                    ``(B) Other civil actions affected.--After the \n                death of a defendant convicted in a criminal case, the \n                personal representative of that defendant, the \n                Government, or any victim of that defendant's crime may \n                file or pursue an otherwise permissible direct appeal, \n                petition for mandamus or a writ of certiorari, or an \n                otherwise permissible motion under the Federal Rules of \n                Criminal Procedure, to the extent that the appeal, \n                petition, or motion raises an otherwise permissible \n                claim to challenge or reinstate a verdict, plea of \n                guilty or nolo contendere, sentence, or judgment that \n                the appellant, petitioner, or movant shows by a \n                preponderance of the evidence is, or will be, material \n                in a pending or reasonably anticipated civil \n                proceeding, including civil forfeiture proceedings.\n                    ``(C) Collateral consequences.--\n                            ``(i) In general.--Except as provided in \n                        subparagraphs (A) and (B), the Government may \n                        not restrict any Federal benefits or impose \n                        collateral consequences on the estate or a \n                        family member of a deceased defendant based \n                        solely on the conviction of a defendant who \n                        died before that defendant exhausted or waived \n                        the right to direct appeal unless, not later \n                        than 90 days after the death of that defendant, \n                        the Government gives notice to that estate or \n                        family member of the intent of the Government \n                        to take such action.\n                            ``(ii) Personal representative.--If the \n                        Government gives notice under clause (i), the \n                        court shall appoint a personal representative \n                        for the deceased defendant that is the subject \n                        of that notice, if not otherwise appointed, \n                        under section (d)(2)(A).\n                            ``(iii) Tolling.--If the Government gives \n                        notice under clause (i), any filing deadline \n                        that might otherwise apply against the \n                        defendant, the estate of the defendant, or a \n                        family member of the defendant shall be tolled \n                        until the date of the appointment of that \n                        defendant's personal representative under \n                        clause (ii).\n            ``(3) Basis.--In any appeal, petition, or motion under \n        paragraph (2), the death of the defendant shall not be a basis \n        for relief.\n    ``(d) Procedures Regarding Continuing Litigation.--\n            ``(1) In general.--The standards and procedures for a \n        permitted appeal, petition, motion, or other proceeding under \n        subsection (c)(2) shall be the standards and procedures \n        otherwise provided by law, except that the personal \n        representative of the defendant shall be substituted for the \n        defendant.\n            ``(2) Special procedures.--If continuing litigation is \n        initiated or could be initiated under subsection (c)(2), the \n        following procedures shall apply:\n                    ``(A) Notice and appointment of personal \n                representative.--The district court before which the \n                criminal case was filed (or the appellate court if the \n                matter is pending on direct appeal) shall--\n                            ``(i) give notice to any victim of the \n                        convicted defendant under section 3771(a)(2), \n                        and to the personal representative of that \n                        defendant or, if there is none, the next of kin \n                        of that defendant; and\n                            ``(ii) appoint a personal representative \n                        for that defendant, if not otherwise appointed.\n                    ``(B) Counsel.--Counsel shall be appointed for the \n                personal representative of a defendant convicted in a \n                criminal case who dies if counsel would have been \n                available to that defendant, or if the personal \n                representative of that defendant requests counsel and \n                otherwise qualifies for the appointment of counsel, \n                under section 3006A.\n                    ``(C) Tolling.--The court shall toll any applicable \n                deadline for the filing of any motion, petition, or \n                appeal during the period beginning on the date of the \n                death of a defendant convicted in a criminal case and \n                ending on the later of--\n                            ``(i) the date of the appointment of that \n                        defendant's personal representative; or\n                            ``(ii) where applicable, the date of the \n                        appointment of counsel for that personal \n                        representative.\n                    ``(D) Restitution.--If restitution has not been \n                fully collected on the date on which a defendant \n                convicted in a criminal case dies--\n                            ``(i) any amount owed under a restitution \n                        order (whether issued before or after the death \n                        of that defendant) shall be collectible from \n                        any property from which the restitution could \n                        have been collected if that defendant had \n                        survived, regardless of whether that property \n                        is included in the estate of that defendant;\n                            ``(ii) any restitution protective order in \n                        effect on the date of the death of that \n                        defendant shall continue in effect unless \n                        modified by the court after hearing or pursuant \n                        to a motion by the personal representative of \n                        that defendant, the Government, or any victim \n                        of that defendant's crime; and\n                            ``(iii) upon motion by the Government or \n                        any victim of that defendant's crime, the court \n                        shall take any action necessary to preserve the \n                        availability of property for restitution under \n                        this section.\n    ``(e) Forfeiture.--\n            ``(1) In general.--Except as provided in paragraph (2), the \n        death of an individual does not affect the Government's ability \n        to seek, or to continue to pursue, civil forfeiture of property \n        as authorized by law.\n            ``(2) Tolling of limitations for civil forfeiture.--\n        Notwithstanding the expiration of any civil forfeiture statute \n        of limitations or any time limitation set forth in section \n        983(a) of this title, not later than the later of the time \n        period otherwise authorized by law and 2 years after the date \n        of the death of an individual against whom a criminal \n        indictment alleging forfeiture is pending, the Government may \n        commence civil forfeiture proceedings against any interest in \n        any property alleged to be forfeitable in the indictment of \n        that individual.\n    ``(f) Definitions.--In this section--\n            ``(1) the term `accepted', relating to a plea of guilty or \n        nolo contendere, means that a court has determined, under rule \n        11(b) of the Federal Rules of Criminal Procedure, that the plea \n        is voluntary and supported by a factual basis, regardless of \n        whether final acceptance of that plea may have been deferred \n        pending review of a presentence report or otherwise;\n            ``(2) the term `announced', relating to a sentence, means \n        that the sentence has been orally stated in open court;\n            ``(3) the term `convicted' refers to a defendant--\n                    ``(A) whose plea of guilty or nolo contendere has \n                been accepted; or\n                    ``(B) against whom a verdict of guilty has been \n                returned;\n            ``(4) the term `direct appeal' means an appeal filed, \n        within the period provided by rule 4(b) of the Federal Rules of \n        Appellate Procedure, from the entry of the judgment or order of \n        restitution, including review by the Supreme Court of the \n        United States; and\n            ``(5) the term `returned', relating to a verdict, means \n        that the verdict has been orally stated in open court.''.\n    (b) Conforming Amendment.--The table of sections for chapter 227 of \ntitle 18, United States Code, is amended by adding at the end the \nfollowing:\n\n``3560. Effect of death of a defendant in Federal criminal \n                            proceedings.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n    The amendments made by this Act shall apply to any criminal case or \nappeal pending on or after July 1, 2006.\n\nSEC. 4. SEVERABILITY.\n\n    If any provision of this Act, any amendment made by this Act, or \nthe application of such provision or amendment to any person or \ncircumstance is held to be unconstitutional, the remainder of the \nprovisions of this Act, the amendments made by this Act, and the \napplication of such provisions or amendments to any person or \ncircumstance shall not be affected.","title":""}
+{"_id":"c342","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Preventing Iran's Access to United \nStates Dollars Act of 2016''.\n\nSEC. 2. PROHIBITION ON FACILITATION OF CERTAIN TRANSACTIONS INVOLVING \n              THE GOVERNMENT OF IRAN OR IRANIAN PERSONS.\n\n    (a) In General.--The President shall not issue any license under \nthe International Emergency Economic Powers Act (50 U.S.C. 1701 et \nseq.) that permits a person--\n            (1) to conduct an offshore United States dollar clearing \n        system for transactions involving the Government of Iran or an \n        Iranian person; or\n            (2) to provide United States dollars for any offshore \n        United States dollar clearing system conducted or overseen by a \n        foreign government or a foreign financial institution for \n        transactions involving the Government of Iran or an Iranian \n        person.\n    (b) Definitions.--In this section:\n            (1) Entity.--The term ``entity'' means a corporation, \n        business association, partnership, trust, society, or any other \n        entity.\n            (2) Foreign financial institution.--The term ``foreign \n        financial institution'' has the meaning of that term as \n        determined by the Secretary of the Treasury pursuant to section \n        104(i) of the Comprehensive Iran Sanctions, Accountability, and \n        Divestment Act of 2010 (22 U.S.C. 8513(i)).\n            (3) Person.--The term ``person'' means an individual or \n        entity.\n\nSEC. 3. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH \n              RESPECT TO, OFFSHORE UNITED STATES DOLLAR CLEARING FOR \n              TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN \n              PERSONS.\n\n    (a) Reports Required.--\n            (1) In general.--Not later than 60 days after the date of \n        the enactment of this Act, and not less frequently than once \n        every 90 days thereafter, the Secretary of the Treasury shall \n        submit to the appropriate congressional committees and publish \n        in the Federal Register a report that contains--\n                    (A) a list of any financial institutions that the \n                Secretary has identified as--\n                            (i) operating an offshore United States \n                        dollar clearing system that conducts \n                        transactions involving the Government of Iran \n                        or an Iranian person; or\n                            (ii) participating in a transaction \n                        described in clause (i) through a system \n                        described in that clause; and\n                    (B) a detailed assessment of the status of efforts \n                by the Secretary to prevent the conduct of transactions \n                described in subparagraph (A)(i) through systems \n                described in that subparagraph.\n            (2) Form of report.--Each report submitted under paragraph \n        (1) shall be submitted in unclassified form but may contain a \n        classified annex.\n    (b) Imposition of Sanctions.--\n            (1) In general.--The President shall, in accordance with \n        the International Emergency Economic Powers Act (50 U.S.C. 1701 \n        et seq.), block and prohibit all transactions in all property \n        and interests in property of any financial institution \n        specified in the most recent list submitted under subsection \n        (a)(1)(A) if such property and interests in property are in the \n        United States, come within the United States, or are or come \n        within the possession or control of a United States person.\n            (2) Additional sanctions.--The President may impose \n        additional sanctions under the International Emergency Economic \n        Powers Act (50 U.S.C. 1701 et seq.) with respect to a financial \n        institution that is subject to sanctions under paragraph (1).\n    (c) Appropriate Congressional Committees Defined.--In this section, \nthe term ``appropriate congressional committees'' has the meaning given \nthat term in section 14 of the Iran Sanctions Act of 1996 (Public Law \n104-172; 50 U.S.C. 1701 note).\n\nSEC. 4. CLARIFICATION THAT FREEZING OF ASSETS OF IRANIAN FINANCIAL \n              INSTITUTIONS INCLUDES ASSETS IN POSSESSION OR CONTROL OF \n              A UNITED STATES PERSON PURSUANT TO A U-TURN TRANSACTION.\n\n    Section 1245(c) of the National Defense Authorization Act for \nFiscal Year 2012 (22 U.S.C. 8513a) is amended--\n            (1) by striking ``The President'' and inserting ``(1) In \n        general.--The President''; and\n            (2) by adding at the end the following:\n            ``(2) Treatment of certain transactions.--\n                    ``(A) U-turn transactions.--Property that comes \n                within the possession or control of a United States \n                person pursuant to a transfer of funds that arises \n                from, and is ordinarily incident and necessary to give \n                effect to, an underlying transaction shall be \n                considered to come within the possession or control of \n                that person for purposes of paragraph (1).\n                    ``(B) Book transfers.--A transfer of funds or other \n                property for the benefit of an Iranian financial \n                institution that is made between accounts of the same \n                financial institution shall be considered property or \n                interests in property of that Iranian financial \n                institution for purposes of paragraph (1) even if that \n                Iranian financial institution is not the direct \n                recipient of the transfer.''.","title":""}
+{"_id":"c343","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Preventing Tragedies Between Police \nand Communities Act of 2016''.\n\nSEC. 2. TRAINING ON DE-ESCALATION FOR LAW ENFORCEMENT.\n\n    (a) Training Requirement.--For each fiscal year after the \nexpiration of the period specified in subsection (d) in which a State \nor unit of local government receives a grant under part E of title I of \nthe Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 \net seq.), the State or unit of local government shall require that all \nindividuals enrolled in an academy of a law enforcement agency of the \nState or unit of local government and all law enforcement officers of \nthe State or unit of local government fulfill a training session on de-\nescalation techniques each fiscal year, including--\n            (1) the use of alternative non-lethal methods of applying \n        force and techniques that prevent the officer from escalating \n        any situation where force is likely to be used;\n            (2) verbal and physical tactics to minimize the need for \n        the use of force, with an emphasis on communication, \n        negotiation, de-escalation techniques, providing the time \n        needed to resolve the incident safely for everyone;\n            (3) the use of the lowest level of force that is a possible \n        and safe response to an identified threat, then re-evaluating \n        the threat as it progresses;\n            (4) techniques that provide all officers with awareness and \n        recognition of mental health and substance abuse issues with an \n        emphasis on communication strategies, training officers \n        simultaneously in teams on de-escalation and use of force to \n        improve group dynamics and diminish excessive use of force \n        during critical incidents;\n            (5) principles of using distance, cover, and time when \n        approaching and managing critical incidents, and elimination of \n        the use of concepts like the ``21-foot rule'' and ``drawing a \n        line in the sand'' in favor of using distance and cover to \n        create a ``reaction gap'';\n            (6) crisis intervention strategies to appropriately \n        identify and respond to individuals suffering from mental \n        health or substance abuse issues, with an emphasis on de-\n        escalation tactics and promoting effective communication; and\n            (7) other evidence-based approaches, found to be \n        appropriate by the Attorney General, that enhance de-escalation \n        skills and tactics, such as the Critical Decision-Making Model \n        and scenario based trainings.\nIn the case of individuals attending an academy, such training session \nshall be for such an appropriate amount of time as to ensure academy \nparticipants receive effective training under this subsection and in \nthe case of all other law enforcement officers, the training session \nshall be for an appropriate amount of time as to ensure officers \nreceive effective training under this subsection. The State or unit of \nlocal government shall certify to the Attorney General of the United \nStates that such training sessions have been completed.\n    (b) Scenario-Based Training.--Training described in subsection (a) \nshall be conducted with an emphasis on training that employs theories \nof de-escalation techniques and applies them to practical on-the-job \nscenarios that regularly face law enforcement officers.\n    (c) Cross-Training.--To the extent practicable, principles of \ntraining as described in subsection (a) shall be applied to other \ntraining conducted at the academy.\n    (d) Compliance and Ineligibility.--\n            (1) Compliance date.--Beginning not later than 1 year after \n        the date of this Act, each State or unit of local government \n        receiving a grant shall comply with subsection (a), except that \n        the Attorney General may grant an additional 6 months to a \n        State or unit of local government that is making good faith \n        efforts to comply with such subsection.\n            (2) Ineligibility for funds.--For any fiscal year after the \n        expiration of the period specified in paragraph (1), a State or \n        unit of local government that fails to comply with subsection \n        (a), shall, at the discretion of the Attorney General, be \n        subject to not more than a 20-percent reduction of the funds \n        that would otherwise be allocated for that fiscal year to the \n        State or unit of local government under subpart 1 of part E of \n        title I of the Omnibus Crime Control and Safe Streets Act of \n        1968 (42 U.S.C. 3750 et seq.), whether characterized as the \n        Edward Byrne Memorial State and Local Law Enforcement \n        Assistance Programs, the Local Government Law Enforcement Block \n        Grants Program, the Edward Byrne Memorial Justice Assistance \n        Grant Program, or otherwise.\n    (e) Reallocation.--Amounts not allocated under a program referred \nto in subsection (b)(2) to a State or unit of local government for \nfailure to fully comply with subsection (a) shall be reallocated under \nthat program to States and units of local government that have not \nfailed to comply with such subsection.\n    (f) Evidence-Based Practices.--For purposes of subsection (a)(4), \nthe Attorney General shall maintain a list of evidence-based practices \nit determines is successful in enhancing de-escalation skills of law \nenforcement officers. The Attorney General shall regularly update this \nlist as needed and shall publish the list to the public on a yearly \nbasis.\n\nSEC. 3. DATA COLLECTION.\n\n    The Attorney General shall collect data on efforts undertaken by \nFederal fund recipients to enhance de-escalation training for law \nenforcement officers.\n\nSEC. 4. AFFIRMATIVE DUTY TO USE DE-ESCALATION TACTICS WHEN AVAILABLE.\n\n    (a) In General.--In the case of a State or unit of local government \nthat received a grant award under subpart 1 of part E of title I of the \nOmnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et \nseq.), if that State or unit of local government fails by the end of a \nfiscal year to enact or have in effect laws, policies, or procedures \nthat sets forth an affirmative duty on a law enforcement officer of \nthat State or unit of local government, whenever possible, to employ \nde-escalation techniques in which the officer has received training \nrequired under section 2(a), the Attorney General shall reduce the \namount that would otherwise be awarded to that State or unit of local \ngovernment under such grant program in the following fiscal year by 15 \npercent.\n    (b) Reallocation.--Amounts not allocated under a program referred \nto in subsection (a) to a State or unit of local government for failure \nto be in compliance with this section shall be reallocated under that \nprogram to States and units of local government that are in compliance \nwith this section.\n\nSEC. 5. ATTORNEY GENERAL GUIDANCE.\n\n    Not later than 180 days after the date of enactment of this Act, \nthe Attorney General shall issue guidance, for the benefit of States \nand units of local government, on compliance with the requirements of \nthis Act.","title":""}
+{"_id":"c344","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Price Stability Act of 2008''.\n\nSEC. 2. FINDINGS; STATEMENT OF POLICY.\n\n    (a) Findings.--The Congress finds the following:\n            (1) Price stability is a prerequisite for sustainable long-\n        term economic growth, job creation, and moderate interest \n        rates.\n            (2) Inflation erodes the value of Americans' income and \n        savings.\n            (3) Inflation distorts the pricing system and the efficient \n        allocation of resources in the economy.\n            (4) Inflation makes long-term planning difficult and raises \n        the effective tax rate on capital, thereby impeding investment.\n            (5) Through its determination of monetary policy, the Board \n        of Governors of the Federal Reserve System is ultimately \n        responsible for controlling the long-run rate of inflation in \n        the economy.\n            (6) The multiple policy goals of the Full Employment and \n        Balanced Growth Act of 1978 cause confusion and ambiguity about \n        the appropriate role and aims of monetary policy, which can add \n        to volatility in economic activity and financial markets.\n            (7) There is a need for the Congress to clarify the proper \n        role of the Board of Governors of the Federal Reserve System in \n        economic policymaking, in order to achieve the best environment \n        for long-term economic growth and job creation.\n            (8) An explicit price stability goal would promote \n        transparency, accountability and credibility in monetary \n        policy.\n            (9) Price stability should be the primary long-term goal of \n        the Board of Governors of the Federal Reserve.\n    (b) Statement of Policy.--It is the policy of the United States \nthat--\n            (1) the principal economic responsibilities of the \n        Government are to establish and ensure an environment that is \n        conducive to both long-term economic growth and increases in \n        living standards, by establishing and maintaining free markets, \n        low taxes, respect for private property, and the stable, long-\n        term purchasing power of the United States currency; and\n            (2) the primary long-term goal of the Board of Governors of \n        the Federal Reserve System should be to promote price \n        stability.\n\nSEC. 3. MONETARY POLICY.\n\n    (a) Amendment to the Federal Reserve Act.--Section 2A of the \nFederal Reserve Act (12 U.S.C. 225a) is amended to read as follows:\n\n``SEC. 2A. MONETARY POLICY.\n\n    ``(a) Price Stability.--The Board and the Federal Open Market \nCommittee (hereafter in this section referred to as the `Committee') \nshall--\n            ``(1) establish an explicit numerical definition of the \n        term `price stability'; and\n            ``(2) maintain a monetary policy that effectively promotes \n        long-term price stability.\n    ``(b) Market Stability and Liquidity.--Subsection (a) shall not be \nconstrued as a limitation on the authority or responsibility of the \nBoard--\n            ``(1) to provide liquidity to markets in the event of a \n        disruption that threatens the smooth functioning and stability \n        of the financial sector; or\n            ``(2) to serve as a lender of last resort under this Act \n        when the Board determines such action is necessary.\n    ``(c) Congressional Consultation.--Not later than February 20 and \nJuly 20 of each year, the Board shall consult with the Congress at \nsemiannual hearings before the Committee on Banking, Housing, and Urban \nAffairs of the Senate and the Committee on Financial Services of the \nHouse of Representatives, about the objectives and plans of the Board \nand the Committee with respect to achieving and maintaining price \nstability.\n    ``(d) Congressional Oversight.--The Board shall, concurrent with \neach semiannual hearing required by subsection (c), submit a written \nreport to the Congress containing--\n            ``(1) numerical measures to help assess the extent to which \n        the Board and the Committee are achieving and maintaining price \n        stability in accordance with subsection (a);\n            ``(2) a description of the intermediate variables used by \n        the Board to gauge the prospects for achieving the objective of \n        price stability; and\n            ``(3) the definition, or any modifications thereto, of the \n        term `price stability' established in accordance with \n        subsection (a)(1).''.\n    (b) Compliance Estimate.--Concurrent with the first semiannual \nhearing required by section 2A(b) of the Federal Reserve Act (as \namended by subsection (a) of this section) following the date of \nenactment of this Act, the Board of Governors of the Federal Reserve \nSystem shall submit to the Congress a written estimate of the length of \ntime it will take for the Board and the Federal Open Market Committee \nto fully achieve price stability. The Board and the Committee shall \ntake into account any potential short-term effects on employment and \noutput in complying with the goal of price stability.\n\nSEC. 4. REPEAL OF OBSOLETE PROVISIONS.\n\n    (a) Full Employment and Balanced Growth Act of 1978.--The Full \nEmployment and Balanced Growth Act of 1978 (15 U.S.C. 3101 et seq.) is \nhereby repealed.\n    (b) Employment Act of 1946.--The Employment Act of 1946 (15 U.S.C. \n1021 et seq.) is amended--\n            (1) in section 3 (15 U.S.C. 1022)--\n                    (A) in the section heading, by striking ``and \n                short-term economic goals and policies'';\n                    (B) by striking ``(a)''; and\n                    (C) by striking ``in accord with section 11(c) of \n                this Act'' and all that follows through the end of the \n                section and inserting ``in accordance with section \n                5(c).'';\n            (2) in section 9(b) (15 U.S.C. 1022f(b)), by striking ``, \n        the Full Employment and Balanced Growth Act of 1978,'';\n            (3) in section 10 (15 U.S.C. 1023)--\n                    (A) in subsection (a), by striking ``in the light \n                of the policy declared in section 2'';\n                    (B) in subsection (e)(1), by striking ``section 9'' \n                and inserting ``section 3''; and\n                    (C) in the matter immediately following paragraph \n                (2) of subsection (e), by striking ``and the Full \n                Employment and Balanced Growth Act of 1978'';\n            (4) by striking section 2;\n            (5) by striking sections 4, 5, 6, 7, and 8; and\n            (6) by redesignating sections 3, 9, 10, and 11 as sections \n        2, 3, 4, and 5, respectively.\n    (c) Congressional Budget Act of 1974.--Title III of the \nCongressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended--\n            (1) in section 301--\n                    (A) in subsection (b), by striking paragraph (1) \n                and redesignating paragraphs (2) through (9) as \n                paragraphs (1) through (8), respectively;\n                    (B) in subsection (d), in the second sentence, by \n                striking ``the fiscal policy'' and all that follows \n                through the end of the sentence and inserting ``fiscal \n                policy.'';\n                    (C) in subsection (e)(1), in the second sentence, \n                by striking ``as to short-term and medium-term goals''; \n                and\n                    (D) by striking subsection (f) and inserting the \n                following:\n    ``(f) Repealed''; and\n            (2) in section 305--\n                    (A) in subsection (a)(3), by inserting before the \n                period at the end ``, as described in section 2 of the \n                Price Stability Act of 2008'';\n                    (B) in subsection (a)(4)--\n                            (i) by striking ``House sets forth the \n                        economic goals'' and all that follows through \n                        ``designed to achieve,'' and inserting ``House \n                        of Representatives sets forth the economic \n                        goals and policies, as described in section 2 \n                        of the Price Stability Act of 2008,''; and\n                            (ii) by striking ``such goals,'' and all \n                        that follows through the end of the paragraph \n                        and inserting ``such goals and policies.'';\n                    (C) in subsection (b)(3), by inserting before the \n                period at the end ``, as described in section 2 of the \n                Price Stability Act of 2008''; and\n                    (D) in subsection (b)(4)--\n                            (i) by striking ``goals (as'' and all that \n                        follows through ``designed to achieve,'' and \n                        inserting ``goals and policies, as described in \n                        section 2 of the Price Stability Act of \n                        2008,''; and\n                            (ii) by striking ``such goals,'' and all \n                        that follows through the end of the paragraph \n                        and inserting ``such goals and policies.''.","title":""}
+{"_id":"c345","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Private Mortgage Insurance Technical \nCorrections and Clarification Act''.\n\nSEC. 2. CHANGES IN AMORTIZATION SCHEDULE.\n\n    (a) Treatment of Adjustable Rate Mortgages.--The Homeowners \nProtection Act of 1998 (12 U.S.C. 4901 et seq.) is amended--\n            (1) in section 2--\n                    (A) in paragraph (2)(B)(i), by striking \n                ``amortization schedules'' and inserting ``the \n                amortization schedule then in effect'';\n                    (B) in paragraph (16)(B), by striking \n                ``amortization schedules'' and inserting ``the \n                amortization schedule then in effect'';\n                    (C) by redesignating paragraphs (6) through (16) \n                (as amended by the preceding provisions of this \n                paragraph) as paragraphs (8) through (18), \n                respectively; and\n                    (D) by inserting after paragraph (5) the following \n                new paragraph:\n            ``(6) Amortization schedule then in effect.--The term \n        `amortization schedule then in effect' means, with respect to \n        an adjustable rate mortgage, a schedule established at the time \n        at which the residential mortgage transaction is consummated \n        or, if such schedule has been changed or recalculated, is the \n        most recent schedule under the terms of the note or mortgage, \n        which shows--\n                    ``(A) the amount of principal and interest that is \n                due at regular intervals to retire the principal \n                balance and accrued interest over the remaining \n                amortization period of the loan; and\n                    ``(B) the unpaid balance of the loan after each \n                such scheduled payment is made.''; and\n            (2) in section 3(f)(1)(B)(ii), by striking ``amortization \n        schedules'' and inserting ``the amortization schedule then in \n        effect''.\n    (b) Treatment of Balloon Mortgages.--Paragraph (1) of section 2 of \nthe Homeowners Protection Act of 1998 (12 U.S.C. 4901(1)) is amended by \nadding at the end the following new sentence: ``A residential mortgage \nthat (A) does not fully amortize over the term of the obligation, and \n(B) contains a conditional right to refinance or modify the unamortized \nprincipal at the maturity date of the term, shall be considered to be \nan adjustable rate mortgage for purposes of this Act.''.\n    (c) Treatment of Loan Modifications.--\n            (1) In general.--Section 3 of the Homeowners Protection Act \n        of 1998 (12 U.S.C. 4902) is amended--\n                    (A) by redesignating subsections (d) through (f) as \n                subsections (e) through (g), respectively; and\n                    (B) by inserting after subsection (c) the following \n                new subsection:\n    ``(d) Treatment of Loan Modifications.--If a mortgagor and \nmortgagee (or holder of the mortgage) agree to a modification of the \nterms or conditions of a loan pursuant to a residential mortgage \ntransaction, the cancellation date, termination date, or final \ntermination shall be recalculated to reflect the modified terms and \nconditions of such loan.''.\n            (2) Conforming amendments.--Section 4(a) of the Homeowners \n        Protection Act of 1998 (12 U.S.C. 4903(a)) is amended--\n                    (A) in paragraph (1)--\n                            (i) in the matter preceding subparagraph \n                        (A), by striking ``section 3(f)(1)'' and \n                        inserting ``section 3(g)(1)'';\n                            (ii) in subparagraph (A)(ii)(IV), by \n                        striking ``section 3(f)'' and inserting \n                        ``section 3(g)''; and\n                            (iii) in subparagraph (B)(iii), by striking \n                        ``section 3(f)'' and inserting ``section \n                        3(g)''; and\n                    (B) in paragraph (2), by striking ``section \n                3(f)(1)'' and inserting ``section 3(g)(1)''.\n\nSEC. 3. DELETION OF AMBIGUOUS REFERENCES TO RESIDENTIAL MORTGAGES.\n\n    (a) Termination of Private Mortgage Insurance.--Section 3 of the \nHomeowners Protection Act of 1998 (12 U.S.C. 4902) is amended--\n            (1) in subsection (c), by inserting ``on residential \n        mortgage transactions'' after ``imposed''; and\n            (2) in subsection (g) (as so redesignated by section \n        2(c)(1)(A) of this Act)--\n                    (A) in paragraph (1), in the matter preceding \n                subparagraph (A), by striking ``mortgage or'';\n                    (B) in paragraph (2), by striking ``mortgage or''; \n                and\n                    (C) in paragraph (3), by striking ``mortgage or'' \n                and inserting ``residential mortgage or residential''.\n    (b) Disclosure Requirements.--Section 4 of the Homeowners \nProtection Act of 1998 (12 U.S.C. 4903(a)) is amended--\n            (1) in subsection (a)--\n                    (A) in paragraph (1)--\n                            (i) by striking ``mortgage or'' the first \n                        place it appears; and\n                            (ii) by striking ``mortgage or'' the second \n                        place it appears and inserting ``residential''; \n                        and\n                    (B) in paragraph (2), by striking ``mortgage or'' \n                and inserting ``residential'';\n            (2) in subsection (c), by striking ``paragraphs (1)(B) and \n        (3) of subsection (a)'' and inserting ``subsection (a)(3)''; \n        and\n            (3) in subsection (d), by inserting before the period at \n        the end the following: ``, which disclosures shall relate to \n        the mortgagor's rights under this Act''.\n    (c) Disclosure Requirements for Lender-Paid Mortgage Insurance.--\nSection 6 of the Homeowners Protection Act of 1998 (12 U.S.C. 4905) is \namended--\n            (1) in subsection (c)--\n                    (A) in the matter preceding paragraph (1), by \n                striking ``a residential mortgage or''; and\n                    (B) in paragraph (2), by inserting ``transaction'' \n                after ``residential mortgage''; and\n            (2) in subsection (d), by inserting ``transaction'' after \n        ``residential mortgage''.\n\nSEC. 4. CANCELLATION RIGHTS AFTER CANCELLATION DATE.\n\n    Section 3 of the Homeowners Protection Act of 1998 (12 U.S.C. 4902) \nis amended--\n            (1) in subsection (a)--\n                    (A) in the matter preceding paragraph (1), by \n                inserting after ``cancellation date'' the following: \n                ``or any later date that the mortgagor fulfills all of \n                the requirements under paragraphs (1) through (4)'';\n                    (B) in paragraph (2), by striking ``and'' at the \n                end;\n                    (C) by redesignating paragraph (3) as paragraph \n                (4); and\n                    (D) by inserting after paragraph (2) the following \n                new paragraph:\n            ``(3) is current on the payments required by the terms of \n        the residential mortgage transaction; and''; and\n            (2) in subsection (e)(1)(B) (as so redesignated by section \n        2(c)(1)(A) of this Act), by striking ``subsection ``(a)(3)'' \n        and inserting ``subsection (a)(4)''.\n\nSEC. 5. CLARIFICATION OF CANCELLATION AND TERMINATION ISSUES AND LENDER \n              PAID MORTGAGE INSURANCE DISCLOSURE REQUIREMENTS.\n\n    (a) Good Payment History.--Section 2(4) of the Homeowners \nProtection Act of 1998 (12 U.S.C. 4901(4)) is amended--\n            (1) in subparagraph (A)--\n                    (A) by inserting ``the later of (i)'' before ``the \n                date''; and\n                    (B) by inserting ``, or (ii) the date that the \n                mortgagor submits a request for cancellation under \n                section 3(a)(1)'' before the semicolon; and\n            (2) in subparagraph (B)--\n                    (A) by inserting ``the later of (i)'' before ``the \n                date''; and\n                    (B) by inserting ``, or (ii) the date that the \n                mortgagor submits a request for cancellation under \n                section 3(a)(1)'' before the period at the end.\n    (b) Automatic Termination.--Paragraph (2) of section 3(b) of the \nHomeowners Protection Act of 1998 (12 U.S.C. 4902(b)(2)) is amended to \nread as follows:\n            ``(2) if the mortgagor is not current on the termination \n        date, on the first day of the first month beginning after the \n        date that the mortgagor becomes current on the payments \n        required by the terms of the residential mortgage \n        transaction.''.\n    (c) Premium Payments.--Section 3 of the Homeowners Protection Act \nof 1998 (12 U.S.C. 4902) is amended by adding at the end the following \nnew subsection:\n    ``(h) Accrued Obligation for Premium Payments.--The cancellation or \ntermination under this section of the private mortgage insurance of a \nmortgagor shall not affect the rights of any mortgagee, servicer, or \nmortgage insurer to enforce any obligation of such mortgagor for \npremium payments accrued prior to the date on which such cancellation \nor termination occurred.''.\n\nSEC. 6. DEFINITIONS.\n\n    (a) Refinanced.--Section 6(c)(1)(B)(ii) of the Homeowners \nProtection Act of 1998 (12 U.S.C. 4905(c)(1)(B)(ii)) is amended by \ninserting after ``refinanced'' the following: ``(under the meaning \ngiven such term in the regulations issued by the Board of Governors of \nthe Federal Reserve System to carry out the Truth in Lending Act (15 \nU.S.C. 1601 et seq.))''.\n    (b) Midpoint of the Amortization Period.--Section 2 of the \nHomeowners Protection Act of 1998 (12 U.S.C. 4901) is amended by \ninserting after paragraph (6) (as added by section 2(a)(1)(D) of this \nAct) the following new paragraph:\n            ``(7) Midpoint of the amortization period.--The term \n        ``midpoint of the amortization period'' means, with respect to \n        a residential mortgage transaction, the point in time that is \n        halfway through the period that begins upon the first day of \n        the amortization period established at the time a residential \n        mortgage transaction is consummated and ends upon the \n        completion of the entire period over which the mortgage is \n        scheduled to be amortized.''.\n    (c) Original Value.--Section 2(12) of the Homeowners Protection Act \nof 1998 (12 U.S.C. 4901(10)) (as so redesignated by section 2(a)(1)(C) \nof this Act) is amended--\n            (1) by inserting ``transaction'' after ``a residential \n        mortgage''; and\n            (2) by adding at the end the following new sentence: ``In \n        the case of a residential mortgage transaction for refinancing \n        the principal residence of the mortgagor, such term means only \n        the appraised value relied upon by the mortgagee to approve the \n        refinance transaction.''.\n    (d) Principal Residence.--Section 2 of the Homeowners Protection \nAct of 1998 (12 U.S.C. 4901) is amended--\n            (1) in paragraph (14) (as so redesignated by section \n        2(a)(1)(C) of this Act) by striking ``primary'' and inserting \n        ``principal''; and\n            (2) in paragraph (15) (as so redesignated by section \n        2(a)(1)(C) of this Act) by striking ``primary'' and inserting \n        ``principal''.\n\n            Passed the House of Representatives May 23, 2000.\n\n            Attest:\n\n                                                 JEFF TRANDAHL,\n\n                                                                 Clerk.","title":""}
+{"_id":"c346","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Private Property Rights Act of \n1997''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds that--\n            (1) the ownership of private property plays an important \n        role in the economic and social well-being of the Nation;\n            (2) the protection of private property from a taking by the \n        Government without just compensation is an integral protection \n        for private citizens incorporated into the United States \n        Constitution by the fifth amendment and made applicable to the \n        States by the fourteenth amendment;\n            (3) Federal agency actions that restrict the use of private \n        property and result in a significant diminution in value of \n        such property constitute a taking of that property and should \n        be properly compensated;\n            (4) Federal agencies should consider the impact of agency \n        actions, including regulations, on the use and ownership of \n        private property; and\n            (5) owners of private property that is taken by a Federal \n        agency action should be permitted to seek relief in Federal \n        district court.\n\nSEC. 3. STATEMENT OF POLICY.\n\n    The policy of the Federal Government is to protect the health, \nsafety, and general welfare of the public in a manner that, to the \nextent practicable, avoids takings of private property.\n\nSEC. 4. DEFINITIONS.\n\n    For purposes of this Act--\n            (1) the term ``agency'' means a department, agency, \n        independent agency, or instrumentality of the United States, \n        including any military department, Government corporation, \n        Government-controlled corporation, or other establishment in \n        the executive branch of the United States Government;\n            (2) the term ``agency action'' means any action, inaction, \n        or decision taken by an agency and includes such an action, \n        inaction, or decision taken by, or pursuant to--\n                    (A) a statute, rule, regulation, order, guideline, \n                or policy; or\n                    (B) the issuance, denial, or suspension of any \n                permit, license, or authorization;\n            (3) the term ``owner'' means the person with title, \n        possession, or other property rights in property affected by \n        any taking of such property; and\n            (4) the term ``taking of private property'' means any \n        action whereby private property is taken in such a way as to \n        require compensation under the fifth amendment to the United \n        States Constitution.\n\nSEC. 5. REQUIREMENT FOR PRIVATE PROPERTY TAKING IMPACT ANALYSIS.\n\n    (a) In General.--To the fullest extent possible--\n            (1) the policies, regulations, and public laws of the \n        United States shall be interpreted and administered in \n        accordance with the policies under this Act; and\n            (2) subject to subsection (b), each agency shall complete a \n        private property taking impact analysis before taking any \n        agency action (including the promulgation of a regulation) \n        which is likely to result in a taking of private property.\n    (b) Nonapplication.--Subsection (a)(2) shall not apply to--\n            (1) an action in which the power of eminent domain is \n        formally exercised;\n            (2) an action taken--\n                    (A) with respect to property held in trust by the \n                United States; or\n                    (B) in preparation for, or in connection with, \n                treaty negotiations with foreign nations;\n            (3) a law enforcement action, including seizure, for a \n        violation of law, of property for forfeiture or as evidence in \n        a criminal proceeding;\n            (4) a communication between an agency and a State or local \n        land-use planning agency concerning a planned or proposed State \n        or local activity that regulates private property, regardless \n        of whether the communication is initiated by an agency or is \nundertaken in response to an invitation by the State or local \nauthority;\n            (5) the placement of a military facility or a military \n        activity involving the use of solely Federal property;\n            (6) any military or foreign affairs function (including a \n        procurement function under a military or foreign affairs \n        function), but not including the civil works program of the \n        Army Corps of Engineers; and\n            (7) any case in which there is an immediate threat to \n        health or safety that constitutes an emergency requiring \n        immediate response or the issuance of a regulation under \n        section 553(b)(B) of title 5, United States Code, if the taking \n        impact analysis is completed after the emergency action is \n        carried out or the regulation is published.\n    (c) Content of Analysis.--A private property taking impact analysis \nshall be a written statement that includes--\n            (1) the specific purpose of the agency action;\n            (2) an assessment of the likelihood that a taking of \n        private property will occur under such agency action;\n            (3) an evaluation of whether such agency action is likely \n        to require compensation to private property owners;\n            (4) alternatives to the agency action that would--\n                    (A) achieve the intended purposes of the agency \n                action; and\n                    (B) lessen the likelihood that a taking of private \n                property will occur; and\n            (5) an estimate of the potential liability of the Federal \n        Government if the Government is required to compensate a \n        private property owner as a result of the agency action.\n    (d) Submission to OMB.--Each agency shall provide the analysis \nrequired under this section as part of any submission otherwise \nrequired to be made to the Office of Management and Budget relating to \nan agency action.\n    (e) Public Availability of Analysis.--An agency shall--\n            (1) make each private property taking impact analysis \n        available to the public; and\n            (2) to the greatest extent practicable, transmit a copy of \n        such analysis to the owner and any other person with a property \n        right or interest in the affected property.\n\nSEC. 6. ALTERNATIVES TO TAKING OF PRIVATE PROPERTY.\n\n    Before taking any final agency action, the agency shall fully \nconsider alternatives described in section 5(c)(4) and shall, to the \nmaximum extent practicable, alter the action to avoid or minimize the \ntaking of private property.\n\nSEC. 7. CIVIL ACTION.\n\n    (a) Standing.--If an agency action results in the taking of private \nproperty, the owner of such property may obtain appropriate relief in a \ncivil action against the agency that has caused the taking to occur.\n    (b) Jurisdiction.--Notwithstanding sections 1346 or 1491 of title \n28, United States Code--\n            (1) a civil action against the agency may be brought in \n        either the United States District Court in which the property \n        at issue is located or in the United States Court of Federal \n        Claims, regardless of the amount in controversy; and\n            (2) if property is located in more than 1 judicial \n        district, the claim for relief may be brought in any district \n        in which any part of the property is located.\n\nSEC. 8. GUIDANCE AND REPORTING REQUIREMENTS.\n\n    (a) Guidance.--The Attorney General shall provide legal guidance in \na timely manner, in response to a request by an agency, to assist the \nagency in complying with this Act.\n    (b) Reports.--\n            (1) In general.--Not later than 1 year after the date of \n        enactment of this Act and at the end of each 1-year period \n        thereafter, each agency shall submit a report to the Director \n        of the Office of Management and Budget and the Attorney General \n        that identifies--\n                    (A) each agency action that has resulted in the \n                preparation of a taking impact analysis;\n                    (B) the filing of a taking claim; and\n                    (C) any award of compensation pursuant to the just \n                compensation clause of the fifth amendment to the \n                Constitution.\n            (2) Publication of reports.--The Director of the Office of \n        Management and Budget and the Attorney General shall publish in \n        the Federal Register, on an annual basis, a compilation of the \n        reports of all agencies made under this paragraph.\n\nSEC. 9. PRESUMPTIONS IN PROCEEDINGS.\n\n    For the purpose of any agency action or administrative or judicial \nproceeding, there shall be a rebuttable presumption that the costs, \nvalues, and estimates in any private property takings impact analysis \nshall be outdated and inaccurate, if--\n            (1) such analysis was completed 5 years or more before the \n        date of such action or proceeding; and\n            (2) such costs, values, or estimates have not been modified \n        within the 5-year period preceding the date of such action or \n        proceeding.\n\nSEC. 10. RULES OF CONSTRUCTION.\n\n    Nothing in this Act shall be construed to--\n            (1) limit any right or remedy, constitute a condition \n        precedent or a requirement to exhaust administrative remedies, \n        or bar any claim of any person relating to such person's \n        property under any other law, including claims made under this \n        Act, section 1346 or 1402 of title 28, United States Code, or \n        chapter 91 of title 28, United States Code; or\n            (2) constitute a conclusive determination of--\n                    (A) the value of any property for purposes of an \n                appraisal for the acquisition of property, or for the \n                determination of damages; or\n                    (B) any other material issue.\n\nSEC. 11. EFFECTIVE DATE.\n\n    This Act shall take effect 120 days after the date of enactment of \nthis Act.","title":""}
+{"_id":"c347","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Professional's Access To Health \nWorkforce Integration Act of 2015''.\n\nSEC. 2. CAREER SUPPORT FOR SKILLED, INTERNATIONALLY EDUCATED HEALTH \n              PROFESSIONALS.\n\n    (a) Findings.--Congress finds the following:\n            (1) According to the Association of Schools of Public \n        Health, projections indicate a nationwide shortage of up to \n        250,000 public health workers needed by 2020.\n            (2) Similar trends are projected for other health \n        professions indicating shortages across disciplines, including \n        within the fields of nursing (500,000 by 2025), dentistry \n        (15,000 by 2025), pharmacy (38,000 by 2030), mental and \n        behavioral health, primary care (46,000 by 2025), and community \n        and allied health.\n            (3) A nationwide health workforce shortage will result in \n        serious health threats and more severe and costly health care \n        needs, due to, in part, a delayed response to food-borne \n        outbreaks, emerging infectious diseases, natural disasters, \n        fewer cancer screenings, and delayed treatment.\n            (4) Vulnerable and underserved populations and health \n        professional shortage areas will be most severely impacted by \n        the health workforce shortage.\n            (5) According to the Migration Policy Institute, over \n        2,000,000 college-educated immigrants in the United States \n        today are unemployed or underemployed in low- or semi-skilled \n        jobs that fail to draw on their education and expertise.\n            (6) Approximately 2 out of every 5 internationally educated \n        immigrants are unemployed or underemployed.\n            (7) According to Drexel University Center for Labor Markets \n        and Policy, underemployment for internationally educated \n        immigrant women is 28 percent higher than for their male \n        counterparts.\n            (8) According to the Drexel University Center for labor \n        markets and policy, the mean annual earnings of underemployed \n        immigrants were $32,000, or 43 percent less than United States \n        born college graduates employed in the college labor market.\n            (9) According to Upwardly Global and the Welcome Back \n        Initiative, with proper guidance and support, underemployed \n        skilled immigrants typically increase their income by 215 \n        percent to 900 percent.\n            (10) According to the Brookings Institution and the \n        Partnership for a New American Economy, immigrants working in \n        the health workforce are, on average, better educated than \n        United States-born workers in the health workforce.\n    (b) Grants to Eligible Entities.--\n            (1) Authority to provide grants.--The Secretary of Health \n        and Human Services acting through the Bureau of Health \n        Workforce within the Health Resources and Services \n        Administration, the National Institute on Minority Health and \n        Health Disparities, or the Office of Minority Health (in this \n        section referred to as the ``Secretary'') may award grants to \n        eligible entities to carry out activities described in \n        subsection (c).\n            (2) Eligibility.--To be eligible to receive a grant under \n        this section, an entity shall--\n                    (A) be a clinical, public health, or health \n                services organization, a community-based or nonprofit \n                entity, an academic institution, a faith-based \n                organization, a State, county, or local government, an \n                Area Health Education Center, or another entity \n                determined appropriate by the Secretary; and\n                    (B) submit to the Secretary an application at such \n                time, in such manner, and containing such information \n                as the Secretary may require.\n    (c) Authorized Activities.--A grant awarded under this section \nshall be used--\n            (1) to provide services to assist unemployed and \n        underemployed skilled immigrants, residing in the United \n        States, who have legal, permanent work authorization and who \n        are internationally educated health professionals, enter into \n        the American health workforce with employment matching their \n        health professional skills and education, and advance in \n        employment to positions that better match their health \n        professional education and expertise;\n            (2) to provide training opportunities to reduce barriers to \n        entry and advancement in the health workforce for skilled, \n        internationally educated immigrants;\n            (3) to educate employers regarding the abilities and \n        capacities of internationally educated health professionals;\n            (4) to assist in the evaluation of foreign credentials; and\n            (5) to facilitate access to contextualized and accelerated \n        courses on English as a second language.\n    (d) Definition.--In this section:\n            (1) The term ``health professional'' means an individual \n        trained for employment or intended employment in the field of \n        public health, health management, dentistry, health \n        administration, medicine, nursing, pharmacy, psychology, social \n        work, psychiatry, other mental and behavioral health, allied \n        health, community health or wellness work, including fitness \n        and nutrition, or other fields as determined appropriate by the \n        Secretary.\n            (2) The term ``underemployed'' means being employed at less \n        skilled tasks than an employee's training or abilities would \n        otherwise permit.\n    (e) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor each of fiscal years 2016 through 2020.","title":""}
+{"_id":"c348","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Promoting American Agricultural and \nMedical Exports to Cuba Act of 2009''.\n\nSEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM \n              AND EXPORT ENHANCEMENT ACT OF 2000.\n\n    Section 908(b)(4) of the Trade Sanctions Reform and Export \nEnhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--\n            (1) in subparagraph (B), by striking ``and'' at the end;\n            (2) in subparagraph (C), by striking the period at the end \n        and inserting ``; and''; and\n            (3) by adding at the end the following:\n                    ``(D) the term `payment of cash in advance' means, \n                notwithstanding any other provision of law, the payment \n                by the purchaser of an agricultural commodity or \n                product and the receipt of such payment by the seller \n                prior to--\n                            ``(i) the transfer of title of such \n                        commodity or product to the purchaser; and\n                            ``(ii) the release of control of such \n                        commodity or product to the purchaser.''.\n\nSEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED \n              STATES DEPOSITORY INSTITUTIONS UNDER THE TRADE SANCTIONS \n              REFORM AND EXPORT ENHANCEMENT ACT OF 2000.\n\n    (a) In General.--Notwithstanding any other provision of law \n(including section 908(b)(1)(B) of the Trade Sanctions and Export \nEnhancement Act of 2000 (22 U.S.C. 7207(b)(1)(B)), the President may \nnot restrict direct transfers from a Cuban depository institution to a \nUnited States depository institution executed in payment for an \nagricultural commodity or product authorized for sale under the Trade \nSanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et \nseq.).\n    (b) Depository Institution Defined.--In this section, the term \n``depository institution'' means any entity that is engaged primarily \nin the business of banking (including a bank, savings bank, savings \nassociation, credit union, trust company, or bank holding company).\n\nSEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH \n              RESPECT TO CUBA.\n\n    (a) In General.--The Secretary of Agriculture shall establish a \nprogram to provide information and technical assistance to United \nStates agricultural producers, cooperative organizations, and State \nagencies that promote the sale of agricultural commodities or products, \nin order to promote and facilitate exports of United States \nagricultural commodities or products to Cuba as authorized by the Trade \nSanctions Reform and Export Enhancement Act of 2000.\n    (b) Technical Assistance To Facilitate Exports.--The Secretary of \nAgriculture shall maintain on the website of the Department of \nAgriculture information to assist exporters and potential exporters of \nUnited States agricultural commodities or products with respect to \nCuba.\n    (c) Authorization of Funds.--The Secretary of Agriculture is \nauthorized to expend such sums as may be available in the Agricultural \nExport Promotion Trust Fund established under section 9511 of the \nInternal Revenue Code of 1986 (as added by section 5(b) of this Act).\n\nSEC. 5. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN \n              UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL \n              EXPORT PROMOTION TRUST FUND.\n\n    (a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the \nInternal Revenue Code of 1986 (relating to use of international travel \nfacilities) is amended by adding at the end the following new \nparagraph:\n            ``(4) Special rule for cuba.--In any case in which the tax \n        imposed by paragraph (1) applies to transportation beginning or \n        ending in Cuba before January 1, 2016, such tax shall be \n        increased by $1.00.''.\n    (b) Agricultural Export Promotion Trust Fund.--\n            (1) In general.--Subchapter A of chapter 98 of the Internal \n        Revenue Code of 1986 (relating to establishment of trust funds) \n        is amended by adding at the end the following new section:\n\n``SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST FUND.\n\n    ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Agricultural \nExport Promotion Trust Fund', consisting of such amounts as may be \nappropriated or credited to such fund as provided in this section or \nsection 9602(b).\n    ``(b) Transfers to Trust Fund.--There are hereby appropriated to \nthe Agricultural Export Promotion Trust Fund amounts equivalent to the \nincrease in taxes received in the Treasury by reason of section \n4261(c)(4).\n    ``(c) Expenditures.--Amounts in the Agricultural Export Promotion \nTrust Fund shall be available, as provided by appropriation Acts, for \nmaking expenditures to the Office of the Secretary of Agriculture for \nthe purposes set out in section 4 of the Promoting American \nAgricultural and Medical Exports to Cuba Act of 2009.''.\n            (2) Conforming amendment.--Subparagraph (B) of section \n        9502(b)(1) of such Code is amended by inserting ``(other than \n        by reason of subsection (c)(4) thereof)'' after ``sections \n        4261''.\n            (3) Clerical amendment.--The table of sections for \n        subchapter A of chapter 98 of such Code is amended by adding at \n        the end the following new item:\n\n``Sec. 9511. Agricultural Export Promotion Trust Fund.''.\n    (c) Effective Date.--The amendment made by subsection (a) shall \napply to transportation beginning after the 90-day period beginning on \nthe date of the enactment of this Act, except that such amendment shall \nnot apply to amounts paid before the end of such period.\n\nSEC. 6. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED.\n\n    (a) Sense of Congress.--It is the sense of Congress that the \nSecretary of State should issue visas for temporary entry into the \nUnited States to nationals of Cuba whose itinerary documents an intent \nto conduct activities, including phytosanitary inspections, relating to \nthe purchase of United States agricultural commodities or products \npursuant to the provisions of the Trade Sanctions Reform and Export \nEnhancement Act of 2000 (22 U.S.C. 7201 et seq.).\n    (b) Periodic Reports.--\n            (1) In general.--Not later than 45 days after the date of \n        the enactment of this Act, and every 90 days thereafter, the \n        Secretary of State shall submit to the Committee on Finance, \n        the Committee on Agriculture, Nutrition, and Forestry, and the \n        Committee on Foreign Relations of the Senate, and the Committee \n        on Agriculture, the Committee on Ways and Means, and the \n        Committee on Foreign Affairs of the House of Representatives a \n        report on the issuance of visas described in subsection (a).\n            (2) Content of reports.--Each report under paragraph (1) \n        shall contain a full description of each application received \n        from a national of Cuba for a visa to travel to the United \n        States to engage in purchasing activities pursuant to the \n        provisions of the Trade Sanctions Reform and Export Enhancement \n        Act of 2000 (22 U.S.C. 7201 et seq.) and shall describe the \n        disposition of each such application.\n\nSEC. 7. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA.\n\n    (a) Repeal of Requirement for Onsite Verifications.--Section 1705 \nof the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by \nstriking subsection (d).\n    (b) Rule of Construction.--Nothing in the amendment made by \nsubsection (a) shall be construed to restrict the authority of the \nPresident to--\n            (1) impose export controls with respect to the export of \n        medicines or medical devices under sections 5 or 6 of the \n        Export Administration Act of 1979 (as in effect pursuant to the \n        International Emergency Economic Powers Act (50 U.S.C. App. \n        2404 or 2405)); or\n            (2) exercise the authority the President has under the \n        International Emergency Economic Powers Act (50 U.S.C. 1701 et \n        seq.) with respect to Cuba pursuant to a declaration of \n        national emergency required by that Act that is made on account \n        of an unusual and extraordinary threat, that did not exist \n        before the enactment of this Act, to the national security, \n        foreign policy, or economy of the United States.\n\nSEC. 8. TRAVEL TO CUBA.\n\n    (a) Freedom of Travel for United States Citizens and Legal \nResidents.--Notwithstanding section 102(h) of the Cuban Liberty and \nDemocratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and \nsection 910(b) of the Trade Sanctions Reform and Export Enhancement Act \nof 2000 (22 U.S.C. 7209(b)) and subject to subsection (b)--\n            (1) the President may not regulate or prohibit, directly or \n        indirectly, travel to or from Cuba by United States citizens or \n        legal residents, or any of the transactions incident to such \n        travel; and\n            (2) any regulation in effect on the date of the enactment \n        of this Act that regulates or prohibits travel to or from Cuba \n        by United States citizens or legal residents or transactions \n        incident to such travel shall cease to have any force or \n        effect.\n    (b) Exception.--The restrictions on authority contained in \nsubsection (a) shall not apply in a case in which the United States is \nat war with Cuba, armed hostilities between the two countries are in \nprogress, or there is imminent danger to the public health or the \nphysical safety of United States citizens or legal residents.\n    (c) Applicability.--This section applies to actions taken by the \nPresident--\n            (1) on or after the date of the enactment of this Act; or\n            (2) before the date of the enactment of this Act which are \n        in effect on such date of enactment.\n\nSEC. 9. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION \n              OF INTELLECTUAL PROPERTY.\n\n    (a) Repeal of Prohibition on Transactions or Payments With Respect \nto Certain United States Intellectual Property.--Section 211 of the \nDepartment of Commerce and Related Agencies Appropriations Act, 1999 \n(section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) \nis repealed.\n    (b) Regulations.--The Secretary of the Treasury shall promulgate \nsuch regulations as are necessary to carry out the repeal made by \nsubsection (a), including removing any prohibition on transactions or \npayments to which subsection (a)(1) of section 211 of the Department of \nCommerce and Related Agencies Appropriations Act, 1999 (as such section \nwas in effect on the day before the date of the enactment of this Act) \napplied.\n    (c) Further Regulations.--\n            (1) In general.--The Secretary of the Treasury shall amend \n        part 515 of title 31, Code of Federal Regulations (commonly \n        referred to as the ``Cuban Assets Control Regulations''), to \n        authorize under general license the transfer or receipt of any \n        trademark or trade name subject to United States law in which a \n        designated national has an interest.\n            (2) Designated national defined.--In this subsection, the \n        term ``designated national'' has the meaning given the term in \n        subsection (d)(1) of section 211 of the Department of Commerce \n        and Related Agencies Appropriations Act, 1999 (as such section \n        was in effect on the day before the date of the enactment of \n        this Act).","title":""}
+{"_id":"c349","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Prostate Testing Full Information \nAct''.\n\nSEC. 2. REQUIREMENT RELATING TO CERTAIN PHYSICIANS.\n\n    (a) Requirement.--If a covered physician, during a physical \nexamination, examines the prostate gland of a patient, the physician \nshall provide information to the patient concerning the availability of \nappropriate diagnostic procedures, including the prostate antigen test, \nif any of the following conditions are present:\n            (1) The patient is over 50 years of age.\n            (2) The patient manifests clinical symptomatology.\n            (3) The patient is at an increased risk of prostate cancer.\n            (4) The provision of the information to the patient is \n        medically necessary, in the opinion of the physician.\n    (b) Enforcement.--The Secretary of Health and Human Services shall \npromulgate regulations that--\n            (1) require the reporting of covered physicians that \n        violate subsection (a) to the Secretary; and\n            (2) provide for the application of sanctions to enforce the \n        provisions of subsection (a).\n    (c) Definition.--In this section, the term ``covered physician'' \nmeans a physician as defined in section 1861(r) of the Social Security \nAct (42 U.S.C. 1395x(r)) who has received any Federal payment or \nassistance under any program under--\n            (1) the Public Health Service Act (42 U.S.C. 201 et seq.); \n        or\n            (2) the Social Security Act (42 U.S.C. 301 et seq.).\n\nSEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF \n              1974.\n\n    (a) In General.--Subpart B of part 7 of subtitle B of title I of \nthe Employee Retirement Income Security Act of 1974 (as added by \nsection 603(a) of the Newborns' and Mothers' Health Protection Act of \n1996 and amended by section 702(a) of the Mental Health Parity Act of \n1996) is amended by adding at the end the following:\n\n``SEC. 713. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.\n\n    ``(a) Requirement.--If a physician, during a physical examination, \nexamines the prostate gland of a patient, the physician shall provide \ninformation to the patient concerning the availability of appropriate \ndiagnostic procedures, including the prostate antigen test, if any of \nthe following conditions are present:\n            ``(1) The patient is over 50 years of age.\n            ``(2) The patient manifests clinical symptomatology.\n            ``(3) The patient is at an increased risk of prostate \n        cancer, as determined pursuant to regulations promulgated by \n        the Secretary of Health and Human Services.\n            ``(4) The provision of the information to the patient is \n        medically necessary, in the opinion of the physician.\n    ``(b) Prohibition on Limitation.--The provision of information in \naccordance with subsection (a) may not be prohibited under the terms \nof--\n            ``(1) any written contract or written agreement between the \n        physician and any group health plan, any health insurance \n        issuer providing health insurance coverage in connection with a \n        group health plan, or any related party with respect to a group \n        health plan; or\n            ``(2) any written statement from the plan, issuer, or \n        related party to the physician.\n    ``(c) Rule of Construction.--Nothing in this section shall be \nconstrued as requiring a group health plan or a health insurance issuer \nproviding health insurance coverage in connection with a group health \nplan to provide coverage for prostate specific antigen tests.\n    ``(d) Definition.--In this section, the term `physician' has the \nmeaning given such term in section 1861(r) of the Social Security Act \n(42 U.S.C. 1395x(r)).''.\n    (b) Clerical Amendment.--The table of contents in section 1 of such \nAct, as amended by section 603 of the Newborns' and Mothers' Health \nProtection Act of 1996 and section 702 of the Mental Health Parity Act \nof 1996, is amended by inserting after the item relating to section 712 \nthe following new item:\n\n``Sec. 713. Requirement relating to prostate specific antigen test.''.\n    (c) Effective Date.--The amendments made by this section shall \napply with respect to plan years beginning on or after January 1, 1998.\n\nSEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE \n              GROUP MARKET.\n\n    (a) In General.--Subpart 2 of part A of title XXVII of the Public \nHealth Service Act (as added by section 604(a) of the Newborns' and \nMothers' Health Protection Act of 1996 and amended by section 703(a) of \nthe Mental Health Parity Act of 1996) is amended by adding at the end \nthe following new section:\n\n``SEC. 2706. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.\n\n    ``(a) Requirement.--If a physician, during a physical examination, \nexamines the prostate gland of a patient, the physician shall provide \ninformation to the patient concerning the availability of appropriate \ndiagnostic procedures, including the prostate antigen test, if any of \nthe following conditions are present:\n            ``(1) The patient is over 50 years of age.\n            ``(2) The patient manifests clinical symptomatology.\n            ``(3) The patient is at an increased risk of prostate \n        cancer, as determined pursuant to regulations promulgated by \n        the Secretary of Health and Human Services.\n            ``(4) The provision of the information to the patient is \n        medically necessary, in the opinion of the physician.\n    ``(b) Prohibition on Limitation.--The provision of information in \naccordance with subsection (a) may not be prohibited under the terms \nof--\n            ``(1) any written contract or written agreement between the \n        physician and any group health plan, any health insurance \n        issuer providing health insurance coverage in connection with a \n        group health plan, or any related party with respect to a group \n        health plan; or\n            ``(2) any written statement from the plan, issuer, or \n        related party to the physician.\n    ``(c) Rule of Construction.--Nothing in this section shall be \nconstrued as requiring a group health plan or a health insurance issuer \nproviding health insurance coverage in connection with a group health \nplan to provide coverage for prostate specific antigen tests.\n    ``(d) Definition.--In this section, the term `physician' has the \nmeaning given such term in section 1861(r) of the Social Security Act \n(42 U.S.C. 1395x(r)).''.\n    (b) Effective Date.--The amendments made by this section shall \napply with respect to group health plans for plan years beginning on or \nafter January 1, 1998.\n\nSEC. 5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE \n              INDIVIDUAL MARKET.\n\n    (a) In General.--Subpart 3 of part B of title XXVII of the Public \nHealth Service Act (as added by section 605(a) of the Newborn's and \nMother's Health Protection Act of 1996) is amended by adding at the end \nthe following new section:\n\n``SEC. 2752. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.\n\n    ``The provisions of section 2706 shall apply to health insurance \ncoverage offered by a health insurance issuer in the individual market \nin the same manner as they apply to health insurance coverage offered \nby a health insurance issuer in connection with a group health plan in \nthe small or large group market.''.\n    (b) Effective Date.--The amendment made by this section shall apply \nwith respect to health insurance coverage offered, sold, issued, \nrenewed, in effect, or operated in the individual market on or after \nJanuary 1, 1998.\n\nSEC. 6. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN \n              PROGRAMS OF THE PUBLIC HEALTH SERVICE.\n\n    (a) National Institutes of Health.--Section 417B(c) of the Public \nHealth Service Act (42 U.S.C. 286a-8(c)) is amended in the first \nsentence by striking ``$72,000,000'' and all that follows and inserting \nthe following: ``$90,250,000 for fiscal year 1998, $108,500,000 for \nfiscal year 1999, $126,500,000 for fiscal year 2000, and $145,000,000 \nfor fiscal year 2001.''.\n    (b) Agency for Health Care Policy and Research.--Section 902 of the \nPublic Health Service Act (42 U.S.C. 299a) is amended by adding at the \nend the following:\n    ``(f) Activities Regarding Prostate Cancer.--The Administrator \nshall, with respect to prostate cancer--\n            ``(1) conduct and support research on the outcomes, \n        effectiveness, and appropriateness of health services and \n        procedures; and\n            ``(2) in carrying out section 912(a), provide for the \n        development, periodic review, and updating of clinically \n        relevant guidelines, standards of quality, performance \n        measures, and medical review criteria.''.","title":""}
+{"_id":"c35","text":"SECTION 1. FINDINGS; SENSE OF THE CONGRESS.\n\n    (a) Findings.--The Congress finds the following:\n            (1) The workers who mine American coal have fueled nearly 2 \n        centuries of industrial development, and are crucial to the \n        Nation's economic well-being.\n            (2) The Federal Government has had a central role with \n        regard to both the coal industry and the health and welfare of \n        coal miners. Both the Congress and the executive branch have \n        frequently intervened in the coal industry to protect the \n        interests of both coal miners and the industry itself. For \n        example--\n                    (A) the Congress enacted legislation--\n                            (i) regulating the coal industry to protect \n                        the health and safety of coal miners; and\n                            (ii) guaranteeing health care for coal \n                        miners and their families, and providing \n                        benefits to victims of black lung disease; and\n                    (B) the Executive Branch has seized the Nation's \n                coal mines for the purpose of negotiating a collective \n                bargaining agreement on the mine owners' behalf, has \n                otherwise frequently intervened in collective \n                bargaining in the coal industry, and has created \n                numerous panels and commissions to study problems and \n                issues unique to coal mining communities and the coal \n                Industry.\n            (3) Because coal is an abundant domestic resource, a strong \n        coal industry serves to reduce American dependence upon foreign \n        oil and is vital both to commerce and to the defense of the \n        United States.\n            (4) As the result of the abuse of the provisions of \n        bankruptcy law, certain coal industry employers have been able \n        to gain unfair advantages over their competitors, primarily at \n        the expense of their employees.\n    (b) Sense of the Congress.-- It is the sense of the Congress that \nthe abuse of the provisions of bankruptcy law by certain coal industry \nemployers is damaging to the economic health of the United States, as \nwell as to the employees who are directly harmed by such legal abuses.\n\nSEC. 2. AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE.\n\n    Title 11 of the United States Code is amended--\n            (1) in section 101 by inserting after paragraph (5) the \n        following:\n            ``(5A) Coal industry employer.--The term `coal industry \n        employer' means an employer in the coal industry, and all \n        members of the employer's controlled group of corporations and \n        all trades and businesses under common control (within the \n        meaning of sections 52(a) and 52(b) of the Internal Revenue \n        Code of 1986).\n            ``(5B) Covered facility of a coal industry employer.--The \n        term `covered facility of a coal industry employer' means any \n        facility owned or operated by a coal industry employer that is \n        involved in the production, processing, or transportation of \n        coal.'';\n            (2) in section 363 by adding at the end the following:\n    ``(p) Notwithstanding subsection (f), a covered facility of a \ndebtor that is coal industry employer that is sold by the trustee shall \nremain subject to the labor rights of the current and former employees \nof the debtor. For purposes of this subsection, the term `labor rights' \nmeans--\n            ``(1) if the employees at a covered facility of a coal \n        industry employer to be sold are covered under the terms of a \n        current collective bargaining agreement (other than an \n        agreement that has been rejected pursuant to the terms of \n        sections 365 or 1113), the obligations of the debtor arising \n        under that agreement or under the National Labor Relations Act; \n        or\n            ``(2) if the employees at a covered facility of a coal \n        industry employer to be sold are represented by a labor \n        organization but are not covered under the terms of an current \n        collective bargaining agreement, the obligations of the debtor \n        arising under the National Labor Relations Act.\nFurthermore, in the case of the sale of a covered facility of a coal \nindustry employer at which employees are represented by a labor \norganization, such labor organization shall be conclusively presumed to \nenjoy majority support for a period of 1 year from the date of such \nsale, or such longer period as required by applicable nonbankruptcy \nlaw.'';\n            (3) in section 1113 by adding at the end the following:\n    ``(g)(1) Notwithstanding any other provision of this section, no \napplication for the rejection of a collective bargaining agreement \nbetween a coal industry employer relating to a covered facility of such \ncoal industry employer shall be approved unless the following \nadditional conditions are met:\n            ``(A) The information provided pursuant to subsection \n        (b)(1)(B) has been personally verified by the principal \n        officers (including the principal executive officer and \n        principal financial officer) of the debtor under penalty of \n        perjury.\n            ``(B) As soon as practicable after the filing of an \n        application under this section, the Secretary of Labor shall \n        submit a list of five disinterested individuals who are \n        qualified and willing to serve as trustees in the case. The \n        United States trustee shall appoint one of such individuals to \n        serve as trustee in the case.\n            ``(C) The court finds that the executive management of the \n        debtor has not received any wage increases or bonuses during \n        the period that the case is pending under this title, or within \n        the year preceding the filing of the petition, or that any such \n        wage increases or bonuses have been disgorged and refunded to \n        the debtor.\n            ``(D) The court finds that the proposal made pursuant to \n        subsection (b)(1)(A)--\n                    ``(i) does not purport to relieve the debtor, or \n                the purchaser of a covered facility of a coal industry \n                employer, from any obligations otherwise arising under \n                the National Labor Relations Act;\n                    ``(ii) provides that the purchaser of any facility \n                owned by the debtor is to be considered a `successor' \n                under the National Labor Relations Act;\n                    ``(iii) does not abridge labor rights, as defined \n                in section 363(p); and\n                    ``(iv) provides that existing employees retain all \n                noneconomic employment rights provided under the terms \n                of the collective bargaining agreement (including the \n                right to not be terminated without cause and any recall \n                rights following a layoff), both with regard to the \n                debtor and the purchaser of a covered facility of a \n                coal industry employer.\n    ``(2) Any obligations arising under the terms of a collective \nbargaining agreement prior to the entry of relief under this section \nshall be secured by a lien on all of the assets of the debtor.''; and\n            (4) in section 1114 by adding the following at the end:\n    ``(m) If the court enters an order approving an application for the \nmodification of retiree benefits owed by a coal industry employer \nrelating to a covered facility of such coal industry employer, all \nmembers of the debtor's controlled group of corporations and all trades \nand businesses under common control (within the meaning of sections \n52(a) and 52(b) of the Internal Revenue Code of 1986) shall be jointly \nand severally liable for all damages arising as the result of the entry \nof such order, and all such claims shall be entitled to priority \npursuant to section 507(a)(1).''.\n\nSEC. 3. EFFECTIVE DATE AND APPLICATION OF AMENDMENTS.\n\n    This Act and the amendments made by this Act shall take effect on \nthe date of the enactment of this Act, and shall apply with respect to \ncases commenced under title 11 of the United States Code before, on, or \nafter such date.","title":""}
+{"_id":"c350","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Prosthetic and Custom Orthotic \nParity Act of 2009''.\n\nSEC. 2. FINDINGS; PURPOSE.\n\n    (a) Findings.--Congress finds the following:\n            (1) There are more than 1,800,000 people in the United \n        States living with limb loss.\n            (2) Every year, there are more than 130,000 people in the \n        United States who undergo amputation.\n            (3) In addition, United States military personnel serving \n        in Iraq and Afghanistan and around the world have sustained \n        traumatic injuries resulting in amputation.\n            (4) The number of amputations in the United States is \n        projected to increase in the years ahead due to rising \n        incidence of diabetes and other chronic illness.\n            (5) Those suffering from limb loss can and want to regain \n        their lives as productive members of society.\n            (6) Prosthetic devices enable amputees to continue working \n        and living productive lives.\n            (7) Insurance companies have begun to limit reimbursement \n        of prosthetic equipment costs at unrealistic levels or not at \n        all and often restrict coverage over a person's lifetime, which \n        shifts costs onto the Medicare and Medicaid programs.\n            (8) Eleven States have addressed this problem and have \n        enacted prosthetic parity legislation.\n            (9) Prosthetic parity legislation has been introduced and \n        is being actively considered in 30 States.\n            (10) The States in which prosthetic parity laws have been \n        enacted have found there to be minimal or no increases in \n        insurance premiums and have reduced Medicare and Medicaid \n        costs.\n            (11) Prosthetic parity legislation will not add to the size \n        of government or to the costs associated with the Medicare or \n        Medicaid programs.\n            (12) If coverage for prosthetic devices and components are \n        offered by a group health insurance policy, then providing such \n        coverage of prosthetic devices on par with other medical and \n        surgical benefits will not increase the incidence of \n        amputations or the number of individuals for which a prosthetic \n        device would be medically necessary and appropriate.\n            (13) In States where prosthetic parity legislation has been \n        enacted, amputees are able to return to a productive life, \n        State funds have been saved, and the health insurance industry \n        has continued to prosper.\n            (14) Prosthetic services allow people to return more \n        quickly to their preexisting work.\n            (15) Spina bifida occurs in 7 out of every 10,000 live \n        births in the United States.\n            (16) For children with spina bifida, access to a custom \n        orthotic device impacts both their short and long term \n        mobility, their muscle strength, and overall quality of life. \n        As they mature, the orthotic device allows them to maintain \n        their maximum level of functionality. This has a profound \n        impact on their ability to become and remain independent and \n        productive members of the community.\n            (17) Cerebral palsy is one of the most common congenital \n        (existing before birth or at birth) disorders of childhood. \n        About 10,000 babies per year in the United States will develop \n        cerebral palsy.\n            (18) The purpose of a custom orthotic device for people \n        with cerebral palsy is to protect, such as stabilizing a \n        fracture during healing; to prevent deformity, such as \n        stretching braces worn while the person sleeps, to help prevent \n        muscle contractures; and to improve function. This can help \n        kids with cerebral palsy achieve maximum potential in growth \n        and development.\n            (19) If coverage for prosthetic and custom orthotic devices \n        and related services is offered to individuals by a group \n        health insurance policy, then providing such coverage of \n        prosthetic and orthotic devices on par with other medical and \n        surgical benefits will not increase the incidence of \n        amputations or the number of individuals for which a prosthetic \n        or custom orthotic device would be medically necessary and \n        appropriate.\n    (b) Purpose.--The purpose of this Act is to require that each group \nhealth plan that provides both coverage for prosthetic devices and \ncomponents and medical and surgical benefits, provide such coverage \nunder terms and conditions that are no less favorable than the terms \nand conditions under which such benefits are provided under such plan.\n\nSEC. 3. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY UNDER ERISA.\n\n    (a) In General.--Subpart B of part 7 of subtitle B of title I of \nthe Employee Retirement Income Security Act of 1974 is amended by \ninserting after section 713 (29 U.S.C. 1185b) the following new \nsection:\n\n``SEC. 715. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY.\n\n    ``(a) In General.--In the case of a group health plan (or health \ninsurance coverage offered in connection with such a plan) that \nprovides both medical and surgical benefits and benefits for prosthetic \ndevices and components and orthotic devices (as defined under \nsubsection (d)(1))--\n            ``(1) such benefits for prosthetic devices and components \n        and custom orthotic devices and related services under the plan \n        (or coverage) shall be provided under terms and conditions that \n        are no less favorable than the terms and conditions applicable \n        to substantially all medical and surgical benefits provided \n        under the plan (or coverage);\n            ``(2) such benefits for prosthetic devices and components \n        and custom orthotic devices and related services under the plan \n        (or coverage) may not be subject to separate financial \n        requirements (as defined in subsection (d)(2)) that are \n        applicable only with respect to such benefits, and any \n        financial requirements applicable to such benefits may be no \n        more restrictive than the financial requirements applicable to \n        substantially all medical and surgical benefits provided under \n        the plan (or coverage); and\n            ``(3) any treatment limitations (as defined in subsection \n        (d)(3)) applicable to such benefits for prosthetic devices and \n        components and custom orthotic devices and related services \n        under the plan (or coverage) may not be more restrictive than \n        the treatment limitations applicable to substantially all \n        medical and surgical benefits provided under the plan (or \n        coverage).\n    ``(b) In-Network and Out-of-Network Standards.--\n            ``(1) In general.--In the case of a group health plan (or \n        health insurance coverage offered in connection with such a \n        plan) that provides both medical and surgical benefits and \n        benefits for prosthetic devices and components and custom \n        orthotic devices and related services, and that provides both \n        in-network benefits for prosthetic devices and components and \n        out-of-network benefits for prosthetic devices and components, \n        the requirements of this section shall apply separately with \n        respect to benefits provided under the plan (or coverage) on an \n        in-network basis and benefits provided under the plan (or \n        coverage) on an out-of-network basis.\n            ``(2) Clarification.--Nothing in paragraph (1) shall be \n        construed as requiring that a group health plan (or health \n        insurance coverage offered in connection with such a plan) \n        eliminate an out-of-network provider option from such plan (or \n        coverage) pursuant to the terms of the plan (or coverage).\n    ``(c) Additional Requirements.--\n            ``(1) Prior authorization.--In the case of a group health \n        plan (or health insurance coverage offered in connection with \n        such a plan) that requires, as a condition of coverage or \n        payment for prosthetic devices and custom orthotic devices and \n        related services under the plan (or coverage), prior \n        authorization, such prior authorization must be required in the \n        same manner as prior authorization is required by the plan (or \n        coverage) as a condition of coverage or payment for all similar \n        benefits provided under the plan (or coverage).\n            ``(2) Limitation on mandated benefits.--Required benefits \n        for prosthetic devices and custom orthotic devices and related \n        services under this section are limited to the most appropriate \n        model that adequately meets the medical requirements of the \n        patient, as determined by the treating physician of the \n        patient.\n            ``(3) Coverage for repair or replacement.--Benefits for \n        prosthetic devices and custom orthotic devices and related \n        services required under this section shall include coverage for \n        repair or replacement of prosthetic devices and components, if \n        the repair or replacement is determined appropriate by the \n        treating physician of the patient involved.\n            ``(4) Annual or lifetime dollar limitations.--A group \n        health plan (or health insurance coverage offered in connection \n        with such a plan) may not impose any annual or lifetime dollar \n        limitation on benefits for prosthetic devices and custom \n        orthotic devices and related services unless such limitation \n        applies in the aggregate to all medical and surgical benefits \n        provided under the plan (or coverage) and benefits for \n        prosthetic devices and components.\n    ``(d) Definitions.--For the purposes of this section:\n            ``(1) Prosthetic devices and components.--The term \n        `prosthetic devices and components' means such devices and \n        components which may be used to replace, in whole or in part, \n        an arm or leg, as well as the services required to do so, and \n        includes external breast prostheses incident to mastectomy \n        resulting from breast cancer.\n            ``(2) Custom orthotic devices and related services.--The \n        term `custom orthotic devices and related services' means the \n        following:\n                    ``(A) Custom-fabricated orthotics and related \n                services, which include custom-fabricated devices that \n                are individually made for a specific patient, as well \n                as all services and supplies medically necessary for \n                the effective use of the orthotic device, including \n                formulating its design, fabrication, material and \n                component selection, measurements, fittings, and static \n                and dynamic alignments, and instructing the patient in \n                the use of the device. No other patient would be able \n                to use this item. A custom fabricated item is a device \n                which is fabricated based on clinically derived and \n                rectified castings, tracings, measurements, and\/or \n                other images (such as x-rays) of the body part. The \n                fabrication may involve using calculations, templates \n                and components. This process requires the use of basic \n                materials including, but not limited to plastic, metal, \n                leather or cloth in the form of uncut or unshaped \n                sheets, bars, or other basic forms and involves \n                substantial work such as vacuum forming, cutting, \n                bending, molding, sewing, drilling and finishing prior \n                to fitting on the patient. Custom-fabricated devices \n                may be furnished only by an appropriately credentialed \n                (certified or licensed) practitioner or accredited \n                supplier in orthotics and\/or prosthetics. These devices \n                and services are represented by the existing set of L-\n                codes describing this care currently listed in Centers \n                for Medicare and Medicaid Services Transmittal 656.\n                    ``(B) Custom-fitted high orthotics and related \n                services, which include prefabricated devices that are \n                manufactured with no specific patient in mind, but that \n                are appropriately sized, adapted, modified, and \n                configured (with the required tools and equipment) to a \n                specific patient in accordance with a prescription, and \n                which no other patient would be able to use, as well as \n                all services and supplies medically necessary for the \n                effective use of the orthotic device, including \n                formulating its design, fabrication, material and \n                component selection, measurements, fittings, and static \n                and dynamic alignments, and instructing the patient in \n                the use of the device. Custom-fitted high devices may \n                be furnished only by an appropriately credentialed \n                (certified or licensed) practitioner or accredited \n                supplier in orthotics and\/or prosthetics. These devices \n                and services are represented by the existing set of L-\n                codes describing this care currently listed in Centers \n                for Medicare and Medicaid Services Transmittal 656.\n            ``(3) Financial requirements.--The term `financial \n        requirements' includes deductibles, coinsurance, co-payments, \n        other cost sharing, and limitations on the total amount that \n        may be paid by a participant or beneficiary with respect to \n        benefits under the plan or health insurance coverage and also \n        includes the application of annual and lifetime limits.\n            ``(4) Treatment limitations.--The term `treatment \n        limitations' includes limits on the frequency of treatment, \n        number of visits, days of coverage, or other similar limits on \n        the scope or duration of treatment.''.\n    (b) Clerical Amendment.--The table of contents in section 1 of such \nAct is amended by inserting after the item relating to section 713 the \nfollowing new item:\n\n``Sec. 715. Prosthetics and custom orthotic device parity.''.\n    (c) Effective Date.--The amendments made by this section shall \napply with respect to group health plans (and health insurance coverage \noffered in connection with group health plans) for plan years beginning \non or after the date of the enactment of this Act.\n\nSEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES.\n\n    (a) Assistance to Plan Participants and Beneficiaries.--The \nSecretary of Labor shall provide for assistance to participants and \nbeneficiaries under such plans with any questions or problems regarding \ncompliance with the requirements of this section.\n    (b) Audits.--The Secretary of Labor shall provide for the conduct \nof random audits of group health plans (and health insurance coverage \noffered in connection with such plans) to ensure that such plans are in \ncompliance with section 715 of the Employee Retirement Income Security \nAct of 1974, as added by section 3.\n    (c) GAO Study.--\n            (1) Study.--The Comptroller General of the United States \n        shall conduct a study that evaluates the effect of the \n        implementation of the amendments made by this Act on the cost \n        of health insurance coverage, on access to health insurance \n        coverage (including the availability of in-network providers), \n        on the quality of health care, on benefits and coverage for \n        prosthetic devices and components, on any additional cost or \n        savings to group health plans, on State prosthetic devices and \n        components benefit mandate laws, on the business community and \n        the Federal Government, and on other issues as determined \n        appropriate by the Comptroller General.\n            (2) Report.--Not later than 2 years after the date of the \n        enactment of this Act, the Comptroller General of the United \n        States shall prepare and submit to the appropriate committees \n        of Congress a report containing the results of the study \n        conducted under paragraph (1).\n    (d) Regulations.--Not later than 1 year after the date of the \nenactment of this Act, the Secretary of Labor shall promulgate final \nregulations to carry out this Act and the amendments made by this Act.","title":""}
+{"_id":"c351","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Protect Marriage from the Courts Act \nof 2015''.\n\nSEC. 2. LEGISLATIVE FINDINGS.\n\n    The Senate makes the following findings:\n            (1) In Baker v. Nelson, 409 U.S. 810 (1972), the Supreme \n        Court of the United States upheld a State law defining marriage \n        as the union of one man and one woman against a constitutional \n        challenge by a same-sex couple seeking to marry. The Court \n        rejected the challenge in a one-sentence order that read, ``The \n        appeal is dismissed for want of a substantial federal \n        question.''.\n            (2) The Supreme Court's judgment in Baker is as sound today \n        as it was then. Challenging a State marriage law on the basis \n        that it does not extend to same-sex couples raises no \n        substantial Federal question because nothing in the text or \n        history of the 14th Amendment to the Constitution of the United \n        States even arguably indicates a general public understanding \n        at the time of ratification that the ratifiers had adopted a \n        constitutional principle that invalidated State laws defining \n        marriage as a male-female union.\n            (3) It follows that the power to decide whether to extend \n        the legal status and benefits of marriage to same-sex couples \n        does not belong to the courts, but rests instead with the \n        people through their elected State representatives, unless \n        their State constitutions provide otherwise. The Constitution \n        of the United States leaves it to the people of each State to \n        decide for themselves through their democratic processes how to \n        redefine the legal meaning of marriage for purposes of their \n        respective State laws.\n            (4) Numerous Federal courts, including the United States \n        Courts of Appeals for the Fourth, Seventh, Ninth, and Tenth \n        Circuits, have nevertheless invalidated State marriage laws \n        that do not allow the licensing of same-sex marriages. In so \n        doing, these courts have exceeded their authority under the \n        Constitution and have usurped the people's exclusive authority \n        to decide this issue. Pending before the Supreme Court are 4 \n        related cases challenging the marriage laws in Kentucky, \n        Michigan, Ohio, and Tennessee.\n            (5) The purpose of this Act (including the amendment made \n        by this Act) is to maintain the authority of the States to \n        define marriage and to prevent, consistent with the \n        Constitution, any further unlawful action by Federal courts \n        until such time as an amendment to the Constitution is enacted \n        unequivocally guaranteeing that the States have the power to \n        define marriage as limited to the union of one man and one \n        woman.\n            (6) This Act prevents that unlawful action by eliminating \n        the jurisdiction of all courts created by Federal law, as well \n        as the appellate jurisdiction of the Supreme Court, to \n        adjudicate claims pertaining to the constitutionality of State \n        marriage laws. Because section 1 of article III of the \n        Constitution gives Congress the power to ``ordain and \n        establish'' ``inferior Courts'', the Supreme Court has long \n        held that Congress has the power to limit the jurisdiction of \n        the lower Federal courts. See Palmore v. United States, 411 \n        U.S. 389, 400-01 (1973). In addition, section 2 of article III \n        of the Constitution gives Congress the power to make \n        ``Exceptions'' to the appellate jurisdiction of the Supreme \n        Court. The Supreme Court itself has acknowledged that this \n        power applies even to cases that are pending before the Court. \n        See Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514 (1869).\n            (7) Finally, this Act makes clear that a court's judgment \n        only applies to the parties before the court and that \n        nonparties have no legal obligation to comply with the decision \n        until so ordered by a court.\n\nSEC. 3. LIMITATION OF JURISDICTION.\n\n    (a) In General.--Chapter 99 of title 28, United States Code, is \namended by adding at the end the following:\n``Sec. 1632. Limitations on Federal jurisdiction\n    ``(a) No court created by Federal law shall have jurisdiction, and \nthe Supreme Court shall have no appellate jurisdiction, to adjudicate \nor enforce any claim pertaining to the validity, under the Constitution \nof the United States, of a State law, or State administrative or \njudicial decision, that--\n            ``(1) defines marriage as limited to the union of one man \n        and one woman; or\n            ``(2) refuses State recognition of or allows the State to \n        refuse recognition of same-sex marriages performed and licensed \n        in other States.\n    ``(b) To the extent that either a court created by Federal law or \nthe Supreme Court has entered a final judgment on a claim described in \nsubsection (a) before the effective date of this section, that judgment \nbinds only the parties to the case. No person who is not a party to the \ncase shall have any obligation to comply with the decision in the \ncase.''.\n    (b) Severability.--If any provision of this Act, an amendment made \nby this Act, or the application of such provision or amendment to any \nperson or circumstance is held to be unconstitutional, the remainder of \nthis Act, the amendments made by this Act, and the application of such \nprovision or amendment to any person or circumstance shall not be \naffected.\n    (c) Effective Date and Application.--\n            (1) Effective date.--This Act (including the amendment made \n        by this Act) takes effect on the date of enactment of this Act.\n            (2) Application.--This Act applies to all claims pending on \n        or after that date of enactment.\n    (d) Amendments to the Table of Sections.--The table of sections for \nchapter 99 of title 28, United States Code, is amended by adding at the \nend the following:\n\n``1632. Limitations on Federal jurisdiction.''.","title":""}
+{"_id":"c352","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Providing Retaliation Options \nagainst Those Engaging in Cyberattacks Targeting the United States \nAct'' or ``PROTECT US Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Article XXI of the GATT 1994 (as such term is defined \n        in section 2(1)(B) of the Uruguay Round Agreements Act (19 \n        U.S.C. 3501(1)(B))) allows a member of the World Trade \n        Organization to take any action which such member considers \n        necessary for the protection of such member's essential \n        security interests.\n            (2) Protecting the United States from malicious cyber-\n        enabled activities is essential to the security interests of \n        the United States.\n\nSEC. 3. IMPOSITION OF PENALTIES ON STATE-SPONSORS OF CYBERATTACKS.\n\n    (a) In General.--The President is authorized to impose penalties \ndescribed in subsection (c) with respect to each country on the list \nrequired by subsection (b).\n    (b) List of State-Sponsors of Cyberattacks.--\n            (1) In general.--Not later than 60 days after the date of \n        the enactment of this Act, the President shall submit to \n        Congress a list of countries designated as state-sponsors of \n        cyberattacks pursuant to paragraph (2).\n            (2) Countries designated.--If the President, in \n        consultation with the Secretary of Homeland Security, the \n        Secretary of Defense, the Attorney General, and the Chairman of \n        the United States International Trade Commission, determines \n        that the United States or a United States person has been \n        targeted in a malicious cyber-enabled activity originating \n        from, or directed by a person located, in whole or in \n        substantial part, in a foreign country, and such activity is \n        reasonably likely to result in, or have materially contributed \n        to, a threat to the national security or foreign policy of the \n        United States, or harmed the economic health or financial \n        stability of the United States or a United States person, or \n        has the purpose or effect of--\n                    (A) harming or otherwise significantly compromising \n                the provision of services by a computer or network of \n                computers that support the United States or a United \n                States person in a critical infrastructure sector,\n                    (B) significantly compromising the provision of \n                services by the United States or a United States person \n                in a critical infrastructure sector,\n                    (C) causing significant disruption to the \n                availability of a computer or network of computers \n                owned or operated by the United States or a United \n                States person, or\n                    (D) causing a significant misappropriation of funds \n                or economic resources, trade secrets, personally \n                identifiable information, or financial information of \n                the United States or a United States person,\n        the President shall designate such country as a state-sponsor \n        of cyberattacks.\n            (3) Updates of list.--The President shall submit to \n        Congress an updated list under paragraph (1) as new information \n        becomes available.\n    (c) Penalties.--\n            (1) Trade-related penalty.--The President may impose a \n        duty, in addition to any other duty imposed, on any article or \n        service imported directly or indirectly into the United States \n        that is produced in whole or in part in a country that is \n        included on the list of state-sponsors of cyberattacks required \n        by subsection (b).\n            (2) Other actions.--The President may take any of the \n        following actions with respect to a country that is included on \n        the list of state-sponsors of cyberattacks required by \n        subsection (b):\n                    (A) A private demarche.\n                    (B) An official public demarche.\n                    (C) A public condemnation.\n                    (D) A public condemnation within one or more \n                multilateral fora.\n                    (E) The delay or cancellation of one or more \n                scientific exchanges.\n                    (F) The delay or cancellation of one or more \n                cultural exchanges.\n                    (G) The denial of one or more working, official, or \n                state visits.\n                    (H) The delay or cancellation of one or more \n                working, official, or state visits.\n                    (I) The withdrawal, limitation, or suspension of \n                United States development assistance under chapter 1 of \n                part I of the Foreign Assistance Act of 1961.\n                    (J) Directing the Export-Import Bank of the United \n                States, the Overseas Private Investment Corporation, or \n                the Trade and Development Agency to not approve the \n                issuance of any (or a specified number of) guarantees, \n                insurance, extensions of credit, or participations in \n                extensions of credit.\n                    (K) The withdrawal, limitation, or suspension of \n                United States security assistance under part II of the \n                Foreign Assistance Act of 1961.\n                    (L) Consistent with section 701 of the \n                International Financial Institutions Act, directing the \n                United States Executive Directors at international \n                financial institutions to oppose and vote against loans \n                primarily benefitting the country.\n                    (M) Ordering the heads of the appropriate United \n                States agencies to not issue any (or a specified number \n                of) specific licenses, and to not grant any other \n                specific authority (or a specified number of \n                authorities), to export any goods or technology to such \n                country under--\n                            (i) the Export Administration Act of 1979 \n                        (as continued in effect pursuant the \n                        International Emergency Economic Powers Act);\n                            (ii) the Arms Export Control Act;\n                            (iii) the Atomic Energy Act of 1954; or\n                            (iv) any other statute that requires the \n                        prior review and approval of the United States \n                        Government as a condition for the export or re-\n                        export of goods or services.\n                    (N) Prohibiting any United States financial \n                institution from making loans or providing credits.\n                    (O) Prohibiting the United States Government from \n                procuring, or entering into any contract for the \n                procurement of, any goods or services.\n                    (P) Suspension or withdrawal of extension of \n                nondiscriminatory treatment to the products of the \n                country pursuant to section 404 of the Trade Act of \n                1974.\n                    (Q) Ordering a trade embargo.\n                    (R) Ordering a cyber counterattack.\n    (d) Removal From List.--\n            (1) In general.--A country may be removed from the list of \n        state-sponsors of cyberattacks required by subsection (b) if--\n                    (A) the President determines that the country no \n                longer meets the requirements for designation as a \n                state-sponsor of cyberattacks under subsection (b)(2); \n                or\n                    (B) Congress enacts a law that provides for such \n                removal.\n            (2) Moratorium.--\n                    (A) In general.--A country that has been removed \n                from the list pursuant to paragraph (1)(B) may not be \n                added back to the list by the President until at least \n                the date that is one year after the date of such \n                removal.\n                    (B) Rule of construction.--Nothing in this \n                paragraph shall be construed as prohibiting Congress \n                from adding a country that has been removed from the \n                list pursuant to paragraph (1)(B) back to the list by a \n                date that is earlier than the date described in \n                subparagraph (A).\n    (e) Definitions.--In this section:\n            (1) Critical infrastructure sector.--The term ``critical \n        infrastructure sector'' means any of the designated critical \n        infrastructure sectors identified in Presidential Policy \n        Directive 21.\n            (2) Entity.--The term ``entity'' means a partnership, \n        association, trust, joint venture, corporation, group, \n        subgroup, government, or other organization.\n            (3) List.--The term ``list'' means the list of state-\n        sponsors of cyberattacks.\n            (4) Misappropriation.--The term ``misappropriation'' means \n        any taking or obtaining by improper means, without permission \n        or consent, or under false pretenses.\n            (5) Person.--The term ``person'' means a natural person or \n        an entity.\n            (6) United states person.--The term ``United States \n        person'' shall be broadly construed to include but not be \n        limited to any United States citizen, permanent resident alien, \n        entity organized under the laws of the United States or any \n        jurisdiction within the United States (including foreign \n        branches), any governmental or quasi-governmental entity \n        existing in the United States, or any other person in the \n        United States.","title":""}
+{"_id":"c353","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Public Housing Regulatory Relief \nAct''.\n\nSEC. 2. AUTHORITY TO WAIVE PUBLIC HOUSING PROGRAM REQUIREMENTS.\n\n    Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et \nseq.) is amended by adding at the end the following new section:\n\n``SEC. 27. WAIVER OF PUBLIC HOUSING PROGRAM REQUIREMENTS.\n\n    ``(a) Authority.--Upon the written request of a public housing \nagency or resident management corporation, the Secretary may authorize \nthe agency or corporation to establish policies for the operation, \nmaintenance, management, and development (including modernization) of \none or more public housing projects and, in connection with granting \nsuch authority and except as provided in subsection (b), may waive or \nmodify (with respect to the project or projects)--\n            ``(1) the requirements of this Act applicable to public \n        housing; and\n            ``(2) any requirements applicable to the project or \n        projects under other provisions of law that the Secretary \n        determines are not consistent with the policies proposed for \n        the project or projects.\n    ``(b) Limitation.--The Secretary may not waive or modify--\n            ``(1) any provision of this Act or any other provision of \n        law that limits occupancy of public housing dwelling units to \n        low-income families;\n            ``(2) under section 18 of this Act that requires \n        replacement of dwelling units in the case of demolition or \n        disposition of public housing (except that the limitation on \n        the use of tenant-based assistance to applications proposing \n        demolition or disposition of 200 or more units may be waived);\n            ``(3) any provision of the Uniform Relocation Assistance \n        and Real Property Acquisition Policies Act of 1970;\n            ``(4) any provision of law that relates to equal \n        opportunity, nondiscrimination, or the environment; or\n            ``(5) any provision of this Act or any other provision of \n        law that relates to labor standards.\n    ``(c) Request for Waiver.--A request under subsection (a) shall--\n            ``(1) specify the provision or provisions of law to be \n        waived or modified and the waivers or modifications proposed;\n            ``(2) identify the public housing projects for which the \n        waivers or modifications are requested;\n            ``(3) describe the policies to be effective for the \n        projects for which the waivers or modifications are requested; \n        and\n            ``(4) describe the costs to the public housing agency or \n        resident management corporation, and to the Federal Government, \n        of the waivers or modifications requested and the change of \n        policies proposed.\n    ``(d) Minimum Criteria for Approval.--The Secretary may approve a \nrequest under subsection (a) only if the Secretary determines that the \nrequest--\n            ``(1) would not, over the term of such authority, result in \n        the Federal Government incurring more costs than the Government \n        would otherwise incur if the request were not approved;\n            ``(2) is consistent with the overall purposes of the public \n        housing program;\n            ``(3) is consistent with the Fair Housing Act, title VI of \n        the Civil Rights Act of 1964, section 504 of the Rehabilitation \n        Act of 1973, the Age Discrimination Act of 1975, and the \n        National Environmental Policy Act of 1969; and\n            ``(4) such other requirements as the Secretary may \n        establish to carry out the purposes of this section.\n    ``(e) Timing.--Any authority granted to a public housing agency \npursuant to subsection (a), including any waiver or modification \npursuant to this section of any requirement, shall be effective only \nfor the period established by the Secretary in granting the waiver or \nmodification, which may not exceed 4 years. Upon such expiration and \npursuant to a written request, the Secretary may renew such authority \nfor a public housing agency or resident management corporation, subject \nto the requirements of this section.\n    ``(f) Applicability of State and Local Laws.--The provisions of any \napplicable State and local laws shall apply to any public housing \nagency, resident management corporation, and public housing project \nwith respect to which authority is granted under subsection (a).\n    ``(g) Reports.--The Secretary shall require each public housing \nagency and resident management corporation for which a request under \nsubsection (a) is approved to submit a report to the Secretary annually \nfor each year during the term for which the authority granted under \nsubsection (a) is effective. The report shall describe the activities, \noperations, and policies of the agency or corporation during the year \nfor which the report is submitted.\n    ``(h) Definition.--For purposes of this section, the term `resident \nmanagement corporation' means a resident management corporation \nestablished in accordance with the requirements of the Secretary under \nsection 20.''.\n\nSEC. 3. PHA RETENTION OF SAVINGS REALIZED THROUGH EFFICIENT MANAGEMENT.\n\n    Section 6(e) of the United States Housing Act of 1937 (42 U.S.C. \n1437d(e)) is amended to read as follows:\n    ``(e) Treatment of Savings.--Each contract for contributions shall \nprovide that whenever in any year the receipts of a public housing \nagency in connection with a low-income housing project exceed its \nexpenditures (including debt service, operation, maintenance, \nestablishment of reserves, and other costs and charges) and the \nSecretary determines that such excess resulted from increased \nefficiency in the operation of the agency--\n            ``(1) an amount equal to one-half of such excess shall be \n        applied, or set aside for application, to purposes which, in \n        the determination of the Secretary, will effect a reduction in \n        the amount of subsequent annual contributions; and\n            ``(2) an amount equal to one-half of such excess shall be \n        applied to operating reserve established for the project and \n        shall not be considered in subsequent years in calculating the \n        operating subsidies provided under section 9 to the public \n        housing agency, except to the extent proposed by the agency in \n        its operating budget.''.\n\nSEC. 4. AVAILABILITY OF PUBLIC HOUSING MODERNIZATION FUNDS DURING TERM \n              OF PLAN.\n\n    Section 14 of the United States Housing Act of 1937 (42 U.S.C. \n1437l) is amended--\n            (1) in subsection (d)(3)(A), by striking ``within each 12-\n        month period covered by such plan'';\n            (2) in subsection (e)(1)(D), by striking ``at least a \n        schedule'' and inserting ``a listing'';\n            (3) in subsection (e)(3)(B), by adding at the end the \n        following new sentence: ``This section may not be construed to \n        require a public housing agency to amend its comprehensive plan \n        under paragraph (1) to be able to (A) use assistance amounts \n        for purposes consistent with the plan but not according to the \n        schedule of actions to be taken under the plan, or (B) use \n        assistance amounts provided to an agency for a fiscal year in \n        another fiscal year covered by the plan for purposes consistent \n        with the plan, notwithstanding the annual statement of \n        activities by the agency under subparagraph (A).'';\n            (4) in subsection (f)(1)(A), by striking ``specified for \n        such year in'' and inserting ``anticipated to be conducted \n        during such year under'';\n            (5) in subsection (g), by striking ``to meet the objectives \n        for the preceding year'' and inserting ``during the preceding \n        year to meet the objectives''; and\n            (6) in subsection (o), by striking ``for the purposes'' and \n        all that follows through ``appropriate'' and inserting the \n        following: ``in any year covered by the plan for the agency \n        under subsection (d)(4) or (e)(1)(D), as appropriate, that was \n        approved by the Secretary and for any purpose specified under \n        or consistent with such plan, notwithstanding the schedule \n        included in such plan pursuant to subsection (d)(3)(A) or \n        (e)(1)(D), as appropriate''.\n\nSEC. 5. RECAPTURE OF PUBLIC HOUSING MODERNIZATION FUNDS.\n\n    Section 14(g) of the United States Housing Act of 1937 (42 U.S.C. \n1437(l)(g)) is amended--\n            (1) by inserting ``(1)'' after ``(g)''; and\n            (2) by adding at the end the following new paragraph:\n    ``(2) The Secretary may establish a system for recapturing and \nredistributing amounts provided to public housing agencies under this \nsubsection, which shall--\n            ``(A) provide for the recapture of such amounts only from \n        an agency that, in the determination of the Secretary pursuant \n        to a review under subsection (e)(4)(B) or an audit under \n        subsection (e)(4)(C), has not made reasonable progress in \n        carrying out modernization projects approved by the Secretary \n        under the comprehensive plan for the agency under subsection \n        (d)(4) or (e);\n            ``(B) provide for the redistribution of such recaptured \n        amounts for use by other public housing agencies that, in the \n        determination of the Secretary, need such amounts to carry out \n        the comprehensive plans for such agencies and are capable of \n        using such amounts in a timely manner;\n            ``(C) provide for redistribution to the agencies referred \n        to in subparagraph (B) based on an allocation system that takes \n        into consideration the formula established pursuant to \n        subsection (k)(2)(A); and\n            ``(D) establish an annual schedule for redistribution of \n        amounts recaptured.''.\n\nSEC. 6. AUTHORITY FOR PHA'S TO BORROW AGAINST FUTURE PUBLIC HOUSING \n              MODERNIZATION FUNDS.\n\n    Section 14 of the United States Housing Act of 1937 (42 U.S.C. \n1437l) is amended by adding at the end the following new subsection:\n    ``(q) Authority to Borrow Against Future Assistance.--\n            ``(1) In general.--A public housing agency may, with the \n        approval of the Secretary, enter into an agreement to pay any \n        assistance for which the agency may become eligible under this \n        section to ensure the repayment of notes or other obligations \n        issued by the agency for the purpose of financing development, \n        rehabilitation, or modernization of public housing.\n            ``(2) Terms.--Notes or other obligations for which \n        assistance under this section is pledged shall be in such form \n        and denominations, have such maturities not exceeding 30 years, \n        and be subject to such other conditions as the Secretary may \n        prescribe. The Secretary may not deny a guarantee under this \n        subsection on the basis of the proposed repayment period for \n        the obligation, unless the period exceeds 30 years or the \n        Secretary determines that the period causes the obligation to \n        constitute an unacceptable financial risk.\n            ``(3) Limitation on amount of outstanding obligations.--\n        Assistance under this section may not be pledged for the \n        repayment of any obligation if the total outstanding principal \n        of all obligations for which such assistance is pledged would \n        thereby exceed an amount equal to 5 times the amount of \n        assistance provided under this section during the most recently \n        completed fiscal year to the agency issuing the obligation.\n            ``(4) Repayment.--Notwithstanding any other provision of \n        this section, assistance provided to an agency under this \n        section may be used in the payment of principal and interest \n        due (including such servicing, underwriting, and other costs as \n        the Secretary may prescribe) on the notes or other obligations \n        issued by the public housing agency pursuant to this \n        subsection.''.\n\nSEC. 7. STUDY OF ACQUISITION AND LABOR REQUIREMENTS FOR PUBLIC HOUSING \n              AGENCIES.\n\n    (a) Study.--The Secretary of Housing and Urban Development shall \nconduct a study to determine the efficiency of the procedures and \nrequirements applicable to procurement by public housing agencies of \nmaterials, supplies, systems, appliances, labor, and services used in \nmaintaining, operating, and modernizing public housing projects. Under \nthe study, the Secretary shall--\n            (1) compare the existing procurement system for public \n        housing agencies to--\n                    (A) a system of procurement under which public \n                housing agencies procure materials, supplies, systems, \n                appliances, labor, and services for use in maintaining, \n                operating, and modernizing public housing projects \n                without being subject to any requirements established \n                by the Secretary or any other Federal laws or \n                regulations regarding procurement; and\n                    (B) a system of procurement that operates in the \n                manner described under subparagraph (A), except that \n                under such system the Secretary would annually review \n                the procurement policies and actions of each public \n                housing agency for the preceding year and would have \n                the authority to establish limitations on procurement \n                policies and activities determined by the Secretary to \n                have instituted inappropriate procurement policies or \n                engaged in inappropriate procurement activities;\n            (2) determine the advantages and disadvantages of \n        procurement pursuant to the existing procurement system for \n        public housing agencies and the systems referred to in \n        subparagraphs (A) and (B) of paragraph (1); and\n            (3) determine the effect of the requirements under section \n        12 of the United States Housing Act of 1937 (relating to labor \n        standards) on the affordability of dwelling units in public \n        housing.\n    (b) Report.--The Secretary of Housing and Urban Development shall \nsubmit a report to the Congress describing the study, the findings of \nthe study, and any recommendations resulting from the study, not later \nthan the expiration of the 2-year period beginning on the date of the \nenactment of this Act.","title":""}
+{"_id":"c354","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Public Infrastructure Modernization \nAct of 2013''.\n\nSEC. 2. EXPEDITED PROCESS FOR CONSIDERATION OF APPLICATIONS TO CONDUCT \n              PUBLIC SAFETY PROJECTS.\n\n    (a) Approval and Disapproval of Permits.--\n            (1) Deadline.--The Secretary of the Army shall approve or \n        disapprove a covered permit application for a public safety \n        project on or before the last day of the 2-year period \n        beginning on the date of submission of the application.\n            (2) Failure to meet deadline.--If the Secretary does not \n        approve or disapprove a covered permit application for a public \n        safety project on or before the last day specified in paragraph \n        (1)--\n                    (A) the application shall be considered under the \n                expedited process established under subsection (b); \n                unless\n                    (B) the Governor of the State in which the project \n                is to be located issues a declaration of emergency with \n                respect to the project under subsection (c), in which \n                case the requirements of subsection (c) shall apply to \n                the application.\n    (b) Expedited Process.--\n            (1) In general.--The Secretary shall establish, by \n        regulation, a process to expedite the consideration of a \n        covered permit application for a public safety project.\n            (2) Specifications for expedited process.--The expedited \n        process shall provide for the following:\n                    (A) In complying with the requirements of the \n                National Environmental Policy Act of 1969 (42 U.S.C. \n                4321 et seq.) with respect to the project, the \n                Secretary shall--\n                            (i) prepare an environmental assessment or \n                        an environmental impact statement in accordance \n                        with paragraph (3);\n                            (ii) weigh the public safety aspects of the \n                        project as greater than the environmental \n                        costs; and\n                            (iii) complete consultation with other \n                        agencies, as necessary, not later than 6 months \n                        after the last day specified in subsection \n                        (a)(1).\n                    (B) In issuing a permit under the expedited \n                process, the Secretary may not require mitigation costs \n                in an amount that exceeds 20 percent of the total cost \n                of the project.\n                    (C) In issuing a permit under the expedited \n                process, the Secretary may implement species relocation \n                for the project, as described in subsection (d).\n            (3) Environmental assessment or impact statement.--In \n        preparing an environmental assessment or an environmental \n        impact statement under paragraph (2)(A)--\n                    (A) the Secretary shall study, develop, and \n                describe the proposed action and the alternative of no \n                action; but\n                    (B) the Secretary is not required to study, \n                develop, or describe any alternative actions to the \n                proposed agency action unless the municipality in which \n                is the project is to be located submits an alternative \n                action.\n            (4) Judicial review.--A person may obtain judicial review \n        of any determination made for a public safety project under the \n        expedited process only in the United States district court for \n        the judicial district in which the project is to be located.\n    (c) Emergency Declaration.--\n            (1) In general.--If the Secretary has not approved or \n        disapproved a covered permit application for a public safety \n        project on or before the last day specified in subsection \n        (a)(1), the Governor of the State in which the project is to be \n        located may issue a declaration of emergency with respect to \n        the project.\n            (2) Alternative arrangements.--If the Governor of a State \n        issues a declaration of emergency with respect to a public \n        safety project under paragraph (1), the State or municipality \n        that submitted a covered permit application for the project may \n        request that--\n                    (A) the application be considered under the \n                expedited process established under subsection (b); or\n                    (B) the President, acting through the Council on \n                Environmental Quality, establish alternative \n                arrangements for conducting the project.\n            (3) Deadline.--Pursuant to a request received under \n        paragraph (2)(B), the Council on Environmental Quality, on or \n        before the last day of the 90-day period beginning on the date \n        of the request shall--\n                    (A) create an alternative to the proposed public \n                safety project; or\n                    (B) approve the project.\n            (4) Failure to meet deadline.--If, after receiving a \n        request under paragraph (2)(B), the Council on Environmental \n        Quality does not establish alternate procedures for conducting \n        a public safety project or disapprove the project on or before \n        the last day specified in paragraph (3)--\n                    (A) the covered permit application submitted for \n                the project shall be deemed approved; and\n                    (B) the requirements of the National Environmental \n                Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to \n                the project shall be deemed satisfied.\n            (5) Judicial review.--The deemed approval of a covered \n        permit application pursuant to paragraph (4)(A) shall not be \n        subject to judicial review.\n            (6) Relationship to other laws.--Any alternative \n        arrangements established for a public safety project under \n        paragraph (2)--\n                    (A) shall be deemed to satisfy the requirements of \n                section 404 of the Federal Water Pollution Control Act \n                (33 U.S.C. 1344) and the National Environmental Policy \n                Act of 1969 (42 U.S.C. 4321 et seq.) with respect to \n                the project; and\n                    (B) shall not be subject to judicial review.\n    (d) Species Relocations.--In the case of a covered permit \napplication for a public safety project that authorizes species \nrelocation pursuant to subsection (b)(2)(C), the Secretary, acting \nthrough the United States Fish and Wildlife Service, any Federal land \nmanagement agency, the National Marine Fisheries Service, or a State \nconservation agency, shall relocate from the project any the members of \na threatened or endangered species of plant or animal that the relevant \nFederal agencies determine would be taken in the course of the project.\n    (e) Applicability.--This section shall apply to a covered permit \napplication for a public safety project submitted after the date of \nenactment of this Act.\n    (f) Report to Congress.--Not later than 1 year after the date of \nenactment of this Act, and annually thereafter, the Secretary shall \nsubmit to Congress a report on the implementation of this section.\n    (g) Definitions.--In this section, the following definitions apply:\n            (1) Covered permit application.--The term ``covered permit \n        application'' means an application for a permit to discharge \n        dredge or fill material submitted by a State or municipality \n        under section 404 of the Federal Water Pollution Control Act \n        (33 U.S.C. 1344).\n            (2) Municipality.--The term ``municipality'' has the \n        meaning given that term in section 502 of the Federal Water \n        Pollution Control Act (33 U.S.C. 1362).\n            (3) Person.--The term ``person'' has the meaning given that \n        term in section 502 of the Federal Water Pollution Control Act \n        (33 U.S.C. 1362).\n            (4) Public safety project.--The term ``public safety \n        project'' means a project that has one of the following as its \n        primary purpose:\n                    (A) The construction of a levee, self-closing flood \n                barrier, seawall, or flood gate.\n                    (B) Slough and stream construction and dredging for \n                flood control.\n                    (C) The construction of a retention pond for a \n                residential area.\n                    (D) The construction of a road or bridge to be used \n                for evacuation purposes in the case of a hurricane, \n                wildfire, or other extreme weather event.\n                    (E) The construction of a storm water conveyance \n                facility.","title":""}
+{"_id":"c355","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Public Land Management Participation \nAct of 1997''.\n\nSEC. 2. PURPOSE.\n\n    The purpose of this Act is to ensure that the public and the \nCongress have both the right and a reasonable opportunity to \nparticipate in decisions that affect the use and management of all \npublic lands owned or controlled by the Government of the United \nStates.\n\nSEC. 3. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLE IN DECLARATION \n              OF NATIONAL MONUMENTS.\n\n    The Antiquities Act (16 U.S.C. 431a) is amended by adding the \nfollowing new section:\n``Sec. 431b. Public and congressional roles in national monument \n              declarations\n    ``(a) The Secretaries of the Interior and Agriculture shall provide \nan opportunity for public involvement and by regulation shall establish \nprocedures, including public hearings where appropriate, to give \nFederal, State, and local governments and the public, adequate notice \nand opportunity to comment upon and participate in the formulation of \nplans relating to the declaration of national monuments upon the lands \nowned or controlled by the Government of the United States pursuant to \nthe authority of the Antiquities Act (16 U.S.C. 431).\n    ``(b) In addition, the Secretary of the Interior and Agriculture \nshall, prior to any recommendations for declaration of an area--\n            ``(1) ensure compliance with all applicable federal land \n        management and environmental statutes, including the National \n        Environmental Policy Act (40 U.S.C. 4321-4370d);\n            ``(2) cause mineral surveys to be conducted by the \n        Geological Survey to determine the mineral values, if any, that \n        may be present in such areas;\n            ``(3) identify all existing rights held on federal lands \n        contained within such areas by type and acreage; and\n            ``(4) identify all State lands contained within such areas.\n    ``(c) After such reviews and mineral surveys, the Secretary of the \nInterior or Agriculture shall report to the President his \nrecommendations as to what lands owned or controlled by the Government \nof the United States warrant declaration as a national monument.\n    ``(d) The President shall advise the President of the Senate and \nthe Speaker of the House of Representatives of his recommendations with \nrespect to declaration as national monuments of each such area, \ntogether with a map thereof and a definition of its boundaries. Such \nadvice by the President shall be given within two years of the receipt \nof each report from the Secretary. After the effective date of the \nPublic Land Management Participation Act, a recommendation of the \nPresident for declaration of a national monument shall become effective \nonly if so provided by an Act of Congress.''.\n\nSEC. 4. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN WORLD \n              HERITAGE SITE LISTING.\n\n    Section 401 of the National Historic Preservation Act Amendments of \n1980 (16 U.S.C. 470a-1) is amended--\n            (1) in subsection (a) in the first sentence, by--\n                    (A) inserting ``(in this section referred to as the \n                Convention)'' after ``1973''; and\n                    (B) inserting ``and subject to subsections (b), \n                (c), (d), (e), and (f)'' before the period at the end;\n            (2) in subsection (b) in the first sentence, by inserting \n        ``, subject to subsection (d),'' after ``shall''; and\n            (3) adding at the end the following new subsections:\n    ``(d) If the area proposed for designation is not wholly contained \nwithin an existing unit of the National Park System, the Secretary of \nthe Interior and Agriculture:\n            ``(1) Shall provide an opportunity for public involvement \n        and by regulation shall establish procedures, including public \n        hearings where appropriate, to give Federal, State, and local \n        governments and the public, adequate notice and opportunity to \n        comment upon and participate in the formulation of plans \n        relating to the designation of any lands owned by the United \n        States for inclusion on the World Heritage List pursuant to the \n        Convention.\n            ``(2) After such review, the Secretary of the Interior or \n        Agriculture shall report to the President his recommendations \n        as to what lands owned by the United States warrant inclusion \n        on the World Heritage List pursuant to the Convention.\n            ``(3) The President shall advise the President of the \n        Senate and the Speaker of the House of Representatives of his \n        recommendations with respect to the designation of any lands \n        owned by the United States for inclusion on the World Heritage \n        List pursuant to the Convention. Such advice by the President \n        shall be given within two years of the receipt of each report \n        from the Secretary. After the effective date of Public Land \n        Participation Management Act, a recommendation of the \n        Presisident for designation of any lands owned by the United \n        States for inclusion on the World Heritage List shall become \n        effective only if so provided by an Act of Congress.\n    ``(e) The Secretary of the Interior or Agriculture shall object to \nthe inclusion of any property in the United States on the list of World \nHeritage in Danger established under Article 11.4 of the Convention \nunless--\n            ``(1) the Secretary has submitted to the Speaker of the \n        House and the President of the Senate a report describing the \n        necessity for including that property on the list; and\n            ``(2) the Secretary is specifically authorized to assent to \n        the inclusion of the property on the list, by a joint \n        resolution of the Congress enacted after the date that report \n        is submitted.\n    ``(f) The Secretary of the Interior and Agriculture shall submit an \nannual report on each World Heritage Site within the United States to \nthe chairman and ranking minority member of the Committee on Resources \nof the House of Representatives and the Committee on Energy and Natural \nResources of the Senate, that contains the following information for \neach site:\n            ``(1) An accounting of all money expended to manage the \n        site.\n            ``(2) A summary of Federal full-time-equivalent hours \n        related to management of the site.\n            ``(3) A list and explanation of all nongovernmental \n        organizations contributing to the management of the site.\n            ``(4) A summary and account of the disposition of \n        complaints received by the Secretary related to management of \n        the site.''.\n\nSEC. 5. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN THE \n              DESIGNATION OF UNITED NATIONS BIOSPHERE RESERVES.\n\n    Title IV of the National Historic Preservation Act Amendments of \n1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the \nfollowing new section:\n    ``Sec. 403. (a) No Federal official may nominate any lands in the \nUnited States for designation as a Biosphere Reserve under the Man and \nBiosphere Program of the United Nations Educational, Scientific, and \nCultural Organization.\n    ``(b) Any designation of an area in the United States as a \nBiosphere Reserve under the Man and Biosphere Program of the United \nNations Educational, Scientific, and Cultural Organization shall not \nhave, and shall not be given, any force or effect, unless the Biosphere \nReserve is specifically authorized by an Act of Congress.\n    ``(c) The Secretary of the Interior and Agriculture shall provide \nan opportunity for public involvement and by regulation shall establish \nprocedures, including public hearings where appropriate, to give \nFederal, State, and local governments and the public, adequate notice \nand opportunity to comment upon and participate in the formulation of \nplans relating to the designation of any lands owned by the United \nStates as a Biosphere Reserve under the Man and Biosphere Program of \nthe United Nations Educational, Scientific, and Cultural Organization.\n    ``(d) After such review, the Secretary of the Interior or \nAgriculture shall report to the President his recommendations as to \nwhat lands owned by the United States warrant inclusion as a Biosphere \nReserve.\n    ``(e) The President shall advise the President of the Senate and \nthe Speaker of the House of Representatives of his recommendations with \nrespect to the designation of any lands owned by the United States for \ninclusion as a Biosphere Reserve. Such advice by the President shall be \ngiven within two years of the receipt of each report from the \nSecretary. After the effective date of the Public Land Participation \nManagement Act, a recommendation of the President for declaration of a \nBiosphere Reserve shall become effective only if so provided by an Act \nof Congress.\n    ``(f) The Secretary of State shall submit an annual report on each \nBiosphere Reserve within the United States to the Chairman and Ranking \nMinority member of the Committee on Resources of the House of \nRepresentatives and the Committee on Energy and Natural Resources of \nthe Senate, that contains the following information for each reserve:\n            ``(1) An accounting of all money expended to manage the \n        reserve.\n            ``(2) A summary of Federal full time equivalent hours \n        related to management of the reserve.\n            ``(3) A list and explanation of all nongovernmental \n        organizations contributing to the management of the reserve.\n            ``(4) A summary and account of the disposition of the \n        complaints received by the Secretary related to management of \n        the reserve.''","title":""}
+{"_id":"c356","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Public Library Innovation Space \nAct''.\n\nSEC. 2. AUTHORIZATION OF APPROPRIATIONS.\n\n    Subsection (a) of section 214 of the Museum and Library Services \nAct (20 U.S.C. 9123(a)) is amended--\n            (1) in paragraph (1), by striking ``and'' at the end;\n            (2) in paragraph (2), by striking the period at the end and \n        inserting ``; and''; and\n            (3) by adding at the end the following:\n            ``(3) to carry out chapter 5, $10,000,000 for each of \n        fiscal years 2018 through 2022.''.\n\nSEC. 3. PUBLIC LIBRARY MAKERSPACE GRANTS.\n\n    Subtitle B of title II of the Museum and Library Services Act (20 \nU.S.C. 9101 et seq.) is amended by adding at the end the following:\n\n          ``CHAPTER 5--PUBLIC LIBRARY MAKERSPACE GRANT PROGRAM\n\n``SEC. 265. PUBLIC LIBRARY MAKERSPACE GRANT PROGRAM.\n\n    ``(a) Program Authorized.--From the amounts provided under section \n214(a)(3), the Director shall carry out a program under which the \nDirector makes grants, on a competitive basis, to eligible partnerships \nto establish makerspaces at public libraries.\n    ``(b) Applications.--To be considered for a grant under this \nsection, an eligible partnership shall submit an application to the \nDirector at such time, in such manner, and containing such information \nand assurances as the Director may require.\n    ``(c) Selection of Grantees.--In selecting eligible partnerships to \nreceive grants under this section, the Director shall consider--\n            ``(1) the viability of the partnership making the \n        application;\n            ``(2) the ability of the partnership to meet the matching \n        requirement described in subsection (d);\n            ``(3) the potential of the project to provide social and \n        economic benefits to the local community;\n            ``(4) the support of local communities, government, and \n        partners for the project;\n            ``(5) the project's potential for strengthening the \n        involvement of diverse and underserved communities in \n        entrepreneurship and economic development; and\n            ``(6) the ability of the project to continue after the end \n        of the grant period.\n    ``(d) Matching Requirement.--\n            ``(1) In general.--Except as provided in paragraph (2), an \n        eligible partnership shall contribute, for the activities for \n        which the grant was awarded under this section, non-Federal \n        matching funds in an amount equal to the amount of the grant.\n            ``(2) Waiver.--The Director may waive the requirement of \n        paragraph (1) for any eligible partnership that the Director \n        determines does not have adequate resources to meet such \n        requirement.\n    ``(e) Reports.--Not less frequently than once annually, the \nDirector shall submit to Congress a report that includes--\n            ``(1) a description of the activities carried out with \n        grants under this section; and\n            ``(2) an assessment of the effect of the grant program on \n        community economic development.\n    ``(f) Treatment of Makerspaces.--The use of a makerspace supported \nby a grant under this section shall not be treated as a private \nbusiness use under section 141(b) of the Internal Revenue Code of 1986.\n    ``(g) Prohibition on Construction Activities.--An eligible \npartnership that receives a grant under this section may not use grant \nfunds, or matching funds contributed by the partnership under \nsubsection (d), for construction activities at a public library that \nwould provide extra square footage to house a makerspace.\n    ``(h) Definitions.--In this section:\n            ``(1) Eligible partnership.--The term `eligible \n        partnership' means a partnership that includes a public library \n        and--\n                    ``(A) an economic development corporation;\n                    ``(B) a local government;\n                    ``(C) a State government;\n                    ``(D) an elementary school or secondary school (as \n                such terms are defined in section 8101 of the \n                Elementary and Secondary Education Act of 1965 (20 \n                U.S.C. 7801));\n                    ``(E) a museum;\n                    ``(F) an institution of higher education (as such \n                term is defined in section 102 of the Higher Education \n                Act of 1965 (20 U.S.C. 1002));\n                    ``(G) a nonprofit organization;\n                    ``(H) a corporation;\n                    ``(I) other entities identified by the Director; or\n                    ``(J) a combination of entities described in any of \n                subparagraphs (A) through (I).\n            ``(2) Makerspace.--The term `makerspace' means a facility \n        (which may be a facility at a fixed location or a mobile unit) \n        that is open to the public and provides individuals with access \n        to--\n                    ``(A) tools, technology, and educational resources \n                that are designed to enable such individuals to create \n                physical goods, including prototypes; and\n                    ``(B) educational opportunities, including \n                vocational training and assistance with early-stage \n                business ventures.''.","title":""}
+{"_id":"c357","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Pyramid Lake Paiute Tribe Fish \nSprings Ranch Settlement Act''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) Agreement.--The term ``Agreement'' means the agreement \n        entitled ``Fish Springs Ranch Water Rights Settlement \n        Agreement'' and dated May 20, 2007 (including any amendments \n        and exhibits to that agreement).\n            (2) Environmental impact statement.--The term \n        ``environmental impact statement'' means the final \n        environmental impact statement for the North Valleys Rights-of-\n        Way Projects prepared by the Bureau of Land Management (70 Fed. \n        Reg. 68473).\n            (3) Final payment date.--The term ``final payment date'' \n        means the date on which Fish Springs pays to the Tribe the \n        final installment amount, as provided in the Agreement.\n            (4) Fish springs.--The term ``Fish Springs'' means the Fish \n        Springs Ranch, LLC, a Nevada limited liability company (or a \n        successor in interest).\n            (5) Project.--\n                    (A) In general.--The term ``Project'' means the \n                project for pumping and transfer by Fish Springs of not \n                more than 8,000 acre-feet of groundwater per year, as \n                described in the environmental impact statement and the \n                record of decision.\n                    (B) Inclusion.--The term ``Project'' includes the \n                pumping and transfer of not more than 5,000 acre-feet \n                of groundwater per year (in addition to the acre-feet \n                referred to in subparagraph (A)) in accordance with the \n                Agreement, including the acquisition by Fish Springs of \n                the rights and approval to pump that groundwater in \n                accordance with Federal and State law.\n                    (C) Exclusions.--The term ``Project'' does not \n                include--\n                            (i) the project proposed by Intermountain \n                        Water Supply, Ltd., and described in the \n                        environmental impact statement; or\n                            (ii) any other project or activity not \n                        otherwise specified in this Act.\n            (6) Record of decision.--The term ``record of decision'' \n        means the public record of the decision of the District Manager \n        of the Bureau of Land Management for the State of Nevada issued \n        on May 31, 2006, regarding the environmental impact statement \n        and the Project.\n            (7) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n            (8) Tribe.--The term ``Tribe'' means the Pyramid Lake \n        Paiute Tribe of Indians organized under section 16 of the Act \n        of June 18, 1934 (commonly known as the ``Indian Reorganization \n        Act'') (25 U.S.C. 476).\n\nSEC. 3. RATIFICATION OF AGREEMENT.\n\n    (a) In General.--Except as provided in subsection (c), and except \nto the extent that a provision of the Agreement conflicts with this \nAct, notwithstanding any other provision of Federal or tribal law, the \nAgreement is ratified.\n    (b) Execution of Agreement.--The Secretary shall execute the \nobligations of the Secretary under the Agreement (including any exhibit \nto the Agreement requiring the signature of the Secretary) in \naccordance with this Act.\n    (c) Exceptions.--\n            (1) Choice of law.--Notwithstanding any provision of the \n        Agreement, the Agreement and this Act shall be governed by \n        applicable Federal law and Nevada State law.\n            (2) Waiver and retention of claims.--Notwithstanding any \n        provision of the Agreement, any waiver or retention of a claim \n        by the Tribe or the United States on behalf of the Tribe \n        relating to the Agreement shall be carried out in accordance \n        with section 4.\n    (d) Environmental Compliance.--\n            (1) No major federal action.--The execution of the \n        Agreement by the Secretary pursuant to this Act shall not be \n        considered to be a major Federal action under the National \n        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).\n            (2) Compliance activities.--The Secretary shall carry out \n        all required Federal environmental compliance activities in \n        executing the Agreement.\n    (e) Compliance With Applicable Law.--This section and the Agreement \nshall be considered to be in accordance with all applicable \nrequirements of section 2116 of the Revised Statutes (25 U.S.C. 177).\n\nSEC. 4. WAIVER AND RELEASES OF CLAIMS.\n\n    (a) Release of Claims Against Fish Springs.--In executing the \nAgreement pursuant to this Act, the Tribe and the Secretary, acting on \nbehalf of the Tribe, shall waive and release all claims against Fish \nSprings--\n            (1) for damage, loss, or injury to water rights or claims \n        of interference with or diversion or taking of water rights \n        (including claims for injury to land resulting from such a \n        damage, loss, injury, interference, diversion, or taking under \n        the Agreement) relating to the use of water by Fish Springs \n        under the Agreement for the Project; or\n            (2) relating in any manner to the negotiation or adoption \n        of the Agreement.\n    (b) Release of Claims Against United States.--In carrying out the \nAgreement, the Tribe shall waive and release any claim of the Tribe \nagainst the United States (including all employees and agents of the \nUnited States) relating in any manner to--\n            (1) damage, loss, or injury to water, water rights, land, \n        or any other resource due to loss of water or water rights \n        (including damage, loss, or injury to hunting, fishing, \n        gathering, or cultural rights due to loss of water or water \n        rights, claims relating to interference with or diversion or \n        taking of water or water rights, and claims relating to a \n        failure to protect, acquire, replace, or develop water, water \n        rights, or water infrastructure) due to use of water by Fish \n        Springs under the Agreement for the Project;\n            (2) the record of decision, the environmental impact \n        statement, or the Agreement; or\n            (3) the negotiation, execution, or adoption of the \n        Agreement or this Act, including--\n                    (A) the use by the Tribe of funds paid to the Tribe \n                under the Agreement; and\n                    (B) the acquisition and use by the Tribe of land \n                under the Agreement.\n    (c) Effectiveness of Waivers and Releases.--\n            (1) Claims against fish springs.--The waivers and releases \n        under subsection (a) shall take effect on the final payment \n        date.\n            (2) Claims against united states.--A waiver or release \n        under subsection (b) shall take effect on the date on which the \n        Tribe executes the waiver or release.\n    (d) Retention of Claims by United States and Tribe.--The Tribe and \nthe Secretary, acting on behalf of the Tribe, shall retain--\n            (1) all claims for enforcement of the Agreement or this Act \n        through such legal and equitable remedies as are available in \n        the appropriate United States court;\n            (2) subject to the right of Fish Springs to carry out the \n        Project, the right to assert and protect any right of the Tribe \n        to surface or groundwater or any other trust resource;\n            (3) all rights to claim or acquire a water right in \n        accordance with applicable law, and to use and protect any \n        water right acquired after the date of enactment of this Act, \n        that is not in conflict with the Agreement and this Act;\n            (4) all claims relating to activities affecting the quality \n        of water, including any claim of the Tribes under--\n                    (A) the Comprehensive Environmental Response, \n                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 \n                et seq.) (including claims for damages to natural \n                resources);\n                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et \n                seq.);\n                    (C) the Federal Water Pollution Control Act (33 \n                U.S.C. 1251 et seq.); or\n                    (D) a regulation implementing an Act referred to in \n                subparagraphs (A) through (C); and\n            (5) all rights, remedies, privileges, immunities, and \n        authorities not specifically waived and released pursuant to \n        this Act.\n\nSEC. 5. SATISFACTION OF CLAIMS.\n\n    The benefits provided to the Tribe under the Agreement and this Act \nshall be considered to be full satisfaction of all claims of the Tribe \nand the United States waived and released pursuant to section 4.\n\nSEC. 6. BENEFICIARIES TO AGREEMENT.\n\n    (a) Requirement.--The parties to the Agreement shall be the only \nbeneficiaries of the Agreement.\n    (b) Prohibition.--Nothing in the Agreement or this Act provides to \nany individual or entity third-party beneficiary status relating to the \nAgreement.\n\nSEC. 7. JURISDICTION.\n\n    A civil action relating to the enforcement of the Agreement shall \nbe filed in the United States District Court for the District of \nNevada.\n\nSEC. 8. MISCELLANEOUS PROVISIONS.\n\n    (a) Truckee-Carson-Pyramid Lake Water Rights Settlement Act.--\nNothing in this Act affects any right or interest recognized or \nestablished in the Truckee-Carson-Pyramid Lake Water Rights Settlement \nAct (Public Law 101-618; 104 Stat. 3294).\n    (b) No Establishment of Standard.--Nothing in this Act establishes \na standard for the quantification of a Federal reserved water right or \nany other claim of an Indian tribe other than the Tribe in any other \njudicial or administrative proceeding.\n    (c) Other Claims.--Nothing in the Agreement or this Act quantifies \nor otherwise adversely affects any water right, claim or entitlement to \nwater, or any other right of any Indian tribe, band, or community other \nthan the Tribe.\n\nSEC. 9. NULLIFICATION DATE.\n\n    If the Tribe fails to execute any waiver or release described in \nsection 4(b) by the date that is 90 days after the date of enactment of \nthis Act, the Agreement shall be null and void.","title":""}
+{"_id":"c358","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Railroad Right-of-Way Conveyance \nValidation Act''.\n\nSEC. 2. VALIDATION OF CONVEYANCES.\n\n    Except as provided in section 5, the conveyances described in \nsection 3 (involving certain lands in Nevada County, State of \nCalifornia) and section 4 (involving certain lands in San Joaquin \nCounty, State of California) concerning lands that form parts of the \nright-of-way granted by the United States to the Central Pacific \nRailway Company in the Act entitled ``An Act to aid in the Construction \nof a Railroad and Telegraph Line from the Missouri River to the Pacific \nOcean, and to secure to the Government the Use of the same for Postal, \nMilitary, and Other Purposes'', approved July 1, 1862 (12 Stat. 489), \nhereby are legalized, validated, and confirmed, as far as any interest \nof the United States in such lands is concerned, with the same force \nand effect as if the land involved in each such conveyance had been \nheld, on the date of such conveyance, under absolute fee simple title \nby the grantor of such land.\nSEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF CALIFORNIA.\n    The conveyances of land in Nevada County, State of California, \nreferred to in section 2 are as follows:\n        (1) The conveyances entered into between the Southern Pacific \n    Transportation Company, grantor, and David G. ``Otis'' Kantz and \n    Virginia Thomas Bills Kantz, husband and wife, as joint tenants, \n    grantees, recorded June 10, 1987, as instrument number 87-15995 in \n    the official records of the county of Nevada.\n        (2) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Antone Silva and Martha E. \n    Silva, his wife, grantees, recorded June 10, 1987, as instrument \n    number 87-15996 in the official records of the county of Nevada.\n        (3) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Charlie D. Roeschen and Renee \n    Roeschen, husband and wife as joint tenants, grantees, recorded \n    June 10, 1987, as instrument number 87-15997 in the official \n    records of the county of Nevada.\n        (4) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Manuel F. Nevarez and \n    Margarita Nevarez, his wife, as joint tenants, grantees, recorded \n    June 10, 1987, as instrument number 87-15998 in the official \n    records of the county of Nevada.\n        (5) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Susan P. Summers, grantee, \n    recorded June 10, 1987, as instrument number 87-15999 in the \n    official records of the county of Nevada.\n        (6) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and James L. Porter, a single man, \n    as his sole and separate property, grantee, recorded June 10, 1987, \n    as instrument number 87-16000 in the official records of the county \n    of Nevada.\n        (7) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Robert L. Helin, a single man, \n    grantee, recorded June 10, 1987, as instrument number 87-16001 in \n    the official records of the county of Nevada.\n        (8) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Thomas S. Archer and Laura J. \n    Archer, husband and wife, as joint tenants, grantees, recorded June \n    10, 1987, as instrument number 87-16002 in the official records of \n    the county of Nevada.\n        (9) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Wallace L. Stevens, a single \n    man, grantee, recorded June 10, 1987, as instrument number 87-16003 \n    in the official records of the county of Nevada.\n        (10) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Sierra Pacific Power Company, \n    grantees, recorded June 10, 1987, as instrument number 87-16004 in \n    the official records of the county of Nevada.\n        (11) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Truckee Public Utility \n    District, grantees, recorded June 10, 1987, as instrument number \n    87-16005 in the official records of the county of Nevada.\n        (12) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Dwayne W. Haddock and Bertha \n    M. Haddock, his wife as joint tenants, grantees, recorded June 10, \n    1987, as instrument number 87-16006 in the official records of the \n    county of Nevada.\n        (13) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and William C. Thorn, grantee, \n    recorded June 10, 1987, as instrument number 87-16007 in the \n    official records of the county of Nevada.\n        (14) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Jose Guadelupe Lopez, \n    grantees, recorded June 10, 1987, as instrument number 87-16008 in \n    the official records of the county of Nevada.\n        (15) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Harold O. Dixon, an unmarried \n    man, as to an undivided half interest, and Pedro Lopez, a married \n    man, as to an undivided half interest, as joint tenants, grantees, \n    recorded June 10, 1987, as instrument number 87-16009 in the \n    official records of the county of Nevada.\n        (16) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Robert E. Sutton and Patricia \n    S. Sutton, husband and wife, as joint tenants, grantees, recorded \n    June 10, 1987, as instrument number 87-16010 in the official \n    records of the county of Nevada.\n        (17) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Angelo C. Besio and Eva G. \n    Besio, his wife, grantees, recorded June 10, 1987, as instrument \n    number 87-16011 in the official records of the county of Nevada.\n        (18) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Lawrence P. Young and Mary K. \n    Young, husband and wife, as joint tenants, grantees, recorded June \n    10, 1987, as instrument number 87-16012 in the official records of \n    the county of Nevada.\n        (19) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and the estate of Charles Clyde \n    Cozzaglio, grantee, recorded June 10, 1987, as instrument number \n    87-16013 in the official records of the county of Nevada.\n        (20) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Noel T. Hargreaves, an \n    unmarried woman, as her sole and separate property, grantee, \n    recorded June 10, 1987, as instrument number 87-16014 in the \n    official records of the county of Nevada.\n        (21) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Athleisure Enterprises, \n    Incorporated, a Nevada corporation, grantees, recorded January 24, \n    1989, as instrument number 89-01803 in the official records of the \n    county of Nevada.\n        (22) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Richard Bwarie, a single man \n    as to an undivided one-half interest, and Roger S. Gannam and \n    Lucille Gannam, husband and wife, as joint tenants, as to an \n    undivided one-half interest, grantees, recorded January 24, 1989, \n    as instrument number 89-01804 in the official records of the county \n    of Nevada.\n        (23) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and William Campbell and Juanita \n    R. Campbell, his wife as joint tenants, grantees, recorded January \n    24, 1989, as instrument number 89-01805 in the official records of \n    the county of Nevada.\n        (24) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and William E. Cannon and Lynn M. \n    Cannon, husband and wife, as joint tenants as to an undivided one-\n    half interest, and Brent Collinson and Dianne Collinson, husband \n    and wife, as joint tenants, as to an undivided one-half interest, \n    grantees, recorded January 24, 1989, as instrument number 89-01806 \n    in the official records of the county of Nevada.\n        (25) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Christopher G. Eaton and \n    Bernadette M. Eaton, husband and wife as community property, \n    grantees, recorded January 24, 1989, as instrument number 89-01807 \n    in the official records of the county of Nevada.\n        (26) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Christopher G. Eaton, grantee, \n    recorded January 24, 1989, as instrument number 89-01808 in the \n    official records of the county of Nevada.\n        (27) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Valeria M. Kelly, an unmarried \n    woman, grantee, recorded January 24, 1989, as instrument number 89-\n    01809 in the official records of the county of Nevada.\n        (28) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and William J. Kuttel and Delia \n    Rey Kuttel, husband and wife, grantees, recorded January 24, 1989, \n    as instrument number 89-01810 in the official records of the county \n    of Nevada.\n        (29) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Thomas A. Lippert and Laurel \n    A. Lippert, husband and wife, grantees, recorded January 24, 1989, \n    as instrument number 89-01811 in the official records of the county \n    of Nevada.\n        (30) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Fred J. Mahler, a single man, \n    grantee, recorded January 24, 1989, as instrument number 89-01812 \n    in the official records of the county of Nevada.\n        (31) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Francis Doyle McGwinn also \n    known as Doyle F. McGwinn, a widower, grantee, recorded January 24, \n    1989, as instrument number 89-01813 in the official records of the \n    county of Nevada.\n        (32) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and James D. Ritchie and Susan \n    Ritchie, husband and wife, as joint tenants, grantees, recorded \n    January 24, 1989, as instrument number 89-01814 in the official \n    records of the county of Nevada.\n        (33) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and William R. Smith and Joan M. \n    Smith, his wife, as joint tenants, grantees, recorded January 24, \n    1989, as instrument number 89-01815 in the official records of the \n    county of Nevada.\n        (34) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Anthony J. Stile and Laura A. \n    Stile, husband and wife, as joint tenants, grantees, recorded \n    January 24, 1989, as instrument number 89-01816 in the official \n    records of the county of Nevada.\n        (35) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Thomas R. Stokes, a single \n    man, and Carla J. Stewart, a single woman, as joint tenants, \n    grantees, recorded January 24, 1989, as instrument number 89-01817 \n    in the official records of the county of Nevada.\n        (36) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Tom's Television System, \n    Incorporated, a California Corporation, grantees, recorded January \n    24, 1989, as instrument number 89-01818 in the official records of \n    the county of Nevada.\n        (37) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Tom's Television System, \n    Incorporated, a California corporation, grantees, recorded January \n    24, 1989, as instrument number 89-01819 in the official records of \n    the county of Nevada.\n        (38) The conveyances entered into between the Southern Pacific \n    Transportation Company, grantor, and Harry M. Welch and Betty R. \n    Welch, his wife, as joint tenants, grantees, recorded January 24, \n    1989, as instrument number 89-01820 in the official records of the \n    county of Nevada.\n        (39) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Harry Fariel and Joan Fariel, \n    husband and wife, as joint tenants, grantees, recorded February 2, \n    1989, as instrument number 89-02748 in the official records of the \n    county of Nevada.\n        (40) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Edward Candler and May \n    Candler, husband and wife as community property, as to an undivided \n    two-thirds interest; and Harry Fariel and Joan Fariel, husband and \n    wife, as joint tenants, as to an undivided one-third interest, \n    grantees, recorded February 2, 1989, as instrument number 89-02749 \n    in the official records of the county of Nevada.\n        (41) The conveyance entered into between the Central Pacific \n    Railroad, grantor, and E.W. Hopkins and J.O.B. Gann, grantees, \n    recorded April 7, 1894, in Book 79 of Deeds at page 679, official \n    records of the county of Nevada.\n        (42) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and John David Gay and Elizabeth \n    Jean Gay, as Trustees of the David and Elizabeth Gay Trust, \n    grantees, recorded October 3, 1991, as instrument number 91-30654 \n    of the official records of the county of Nevada.\nSEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF CALIFORNIA.\n    The conveyances of land in San Joaquin County, State of California, \nreferred to in section 2 are as follows:\n        (1) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Ronald M. Lauchland and \n    Lillian R. Lauchland, grantees, recorded October 1, 1985, as \n    instrument number 85066621 in the official records of the county of \n    San Joaquin.\n        (2) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Bradford A. Lange and Susan J. \n    Lange, his wife, as to an undivided one-half, and Randall W. Lange \n    and Charlene J. Lange, his wife, as to an undivided one-half \n    interest, grantees, recorded October 1, 1985, as instrument number \n    85066623 in the official records of the county of San Joaquin.\n        (3) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Leo G. Lewis and Vasiliki L. \n    Lewis, and Billy G. Lewis and Dimetria Lewis, grantees, recorded \n    October 1, 1985, as instrument number 85066625 in the official \n    records of the county of San Joaquin.\n        (4) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Louis J. Bennett, grantees, \n    recorded October 1, 1985, as instrument number 85066627 in the \n    official records of the county of San Joaquin.\n        (5) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Joe Alves Correia and Leontina \n    Correia, his wife, grantees, recorded September 1, 1970, instrument \n    number 33915, in book 3428, page 461, of the official records of \n    the county of San Joaquin.\n        (6) The conveyance entered into between the Southern Pacific \n    Transportation Company, grantor, and Willard H. Fike, Jr., and \n    Dorla E. Fike, his wife, grantees, recorded January 7, 1988, \n    instrument number 88001473 of the official records of the county of \n    San Joaquin.\n        (7) The conveyance entered into between Central Pacific \n    Railway, Grantor, and Nettie M. Murray and Marie M. Hallinan, \n    Grantees, dated May 31, 1949, recorded June 14, 1949, in volume \n    1179 at page 394 of the official records of the county of San \n    Joaquin.\n        (8) The conveyance entered into between the Central Pacific \n    Railway Company, a corporation, and its Lessee, Southern Pacific \n    Company, a corporation, Grantor, and Lodi Winery, Incorporated, \n    Grantee, dated August 2, 1938, recorded May 23, 1940, in volume \n    692, page 249, of the official records of the county of San \n    Joaquin.\n\nSEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES.\n\n    (a) Scope.--Nothing in this Act shall be construed to--\n        (1) diminish the right-of-way referred to in section 2 to a \n    width of less than fifty feet on each side of the center of the \n    main track or tracks maintained by the Southern Pacific \n    Transportation Company on the date of enactment of this Act; or\n        (2) legalize, validate, or confirm, with respect to any land \n    that is the subject of a conveyance referred to in section 3 or 4, \n    any right or title to, or interest in, such land arising out of \n    adverse possession, prescription, or abandonment, and not confirmed \n    by such conveyance.\n    (b) Minerals.--(1) The United States hereby reserves any federally-\nowned minerals that may exist in land that is conveyed pursuant to \nsection 2 of this Act, including the right of the United States, its \nassignees or lessees, to enter upon and utilize as much of the surface \nof said land as is necessary to remove minerals under the laws of the \nUnited States.\n    (2) Any and all minerals reserved by paragraph (1) are hereby \nwithdrawn from all forms of entry, appropriation, and patent under the \nmining, mineral leasing, and geothermal leasing laws of the United \nStates.\n\n\n\n\n\n\n\n                               Speaker of the House of Representatives.\n\n\n\n\n\n\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c359","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Railroad Safety Improvement Act of \n2005''.\n\nSEC. 2. RAILWAY-ROAD GRADE CROSSINGS.\n\n    (a) Elimination of Crossings.--\n            (1) In general.--Section 20134 of title 49, United States \n        Code, is amended--\n                    (A) in subsection (a), by inserting ``and motorists \n                at railroad grade crossings'' after ``rights of way'';\n                    (B) by amending subsection (c) to read as follows:\n    ``(c) Automated Video Image Analysis Pilot Program.--(1) The \nSecretary of Transportation, in consultation with the National Highway \nTraffic Safety Administration, shall establish a pilot program in the 5 \nStates with the highest rates of collisions, injuries, and fatalities \nat highway-rail grade crossings that uses automated video image \nanalysis technology to record violations by motorists at crossings \nequipped with automatic warning devices.\n    ``(2) There are authorized to be appropriated such sums as may be \nnecessary to carry out the program established under this paragraph \n(1).''; and\n                    (C) by adding at the end the following:\n    ``(d) Plan to Eliminate Highway-Rail Grade Crossings.--(1) Not \nlater than 1 year after the date of enactment of this subsection, the \nSecretary of Transportation, in consultation with appropriate \ntransportation officials of States and units of local government with \njurisdiction over highway-rail grade crossings, shall submit, to the \nCommittee on Commerce, Science, and Transportation of the Senate, the \nCommittee on Environment and Public Works of the Senate, and the \nCommittee on Transportation and Infrastructure of the House of \nRepresentatives, a plan--\n            ``(A) for annually eliminating highway-rail grade crossings \n        in the United States that, as of the date of enactment of this \n        subsection--\n                    ``(i) are considered by the Secretary of \n                Transportation to pose a safety threat; and\n                    ``(ii) have insufficient or outdated protective \n                equipment;\n            ``(B) that includes guidelines for establishing new \n        crossings, if necessary, through careful traffic, zoning, and \n        land use planning; and\n            ``(C) that includes an estimate of the cost to carry out \n        subparagraph (A).\n    ``(2) In determining the order for closing highway-rail grade \ncrossings under the plan developed under paragraph (1), the Secretary \nshall give priority to crossings in States that are among the top 5 \nStates in terms of--\n            ``(A) the number of accidents at highway-rail grade \n        crossings per mile of railroad tract;\n            ``(B) the number of highway-rail grade crossings with \n        insufficient or outdated protective equipment; or\n            ``(C) the number of rail lines with a high volume of goods \n        movement.\n    ``(3) In developing the plan under paragraph (1), the Secretary \nshall consider--\n            ``(A) the feasibility of closing and improving a group of \n        highway-rail grade crossings in a single community;\n            ``(B) the impact of closure on access by emergency \n        vehicles;\n            ``(C) traffic delays;\n            ``(D) public inconvenience; and\n            ``(E) the willingness of units of local government to \n        participate in the elimination or consolidation of highway-rail \n        grade crossings.''.\n            (2) Report.--Not later than 1 year after the date of \n        enactment of this Act, the Secretary of Transportation shall \n        update and reissue ``A Guide to Crossing Consolidation and \n        Closure'', which was originally published in July 1994.\n    (b) Grants to Improve the Safety of Railway-Highway Grade \nCrossings.--Section 130 of title 23, United States Code, is amended--\n            (1) in subsection (d)--\n                    (A) by striking ``Each State'' and inserting the \n                following:\n            ``(1) In general.--Each State''; and\n                    (B) by adding at the end the following:\n            ``(2) Federal safety review.--Using information compiled by \n        States under paragraph (1), the Secretary of Transportation \n        shall conduct a comprehensive review of the safety of all \n        public railway-highway grade crossings in the United States. \n        The matters reviewed shall include security measures, safety \n        conditions, past accidents, possible safety improvements, and \n        any other factors that the Secretary considers relevant.\n            ``(3) Priority list.--Based on the information collected \n        from the review conducted under paragraph (2), the Secretary of \n        Transportation shall compile, maintain, and submit to Congress \n        a list of the 5,000 railway-highway grade crossings most in \n        need of safety improvements, grouped based on relative need for \n        such improvements.'';\n            (2) in subsection (f)--\n                    (A) by striking ``and 50'' and inserting ``25''; \n                and\n                    (B) by striking ``States.'' and inserting ``States, \n                and 25 percent of such funds shall be apportioned to \n                the States in the ratio that total highway and rail \n                traffic through railway-highway crossings in each State \n                bears to the total of such traffic in all States.'';\n            (3) in subsection (i)(3)(B), by striking ``$7,500'' and \n        inserting ``$15,000'';\n            (4) by redesignating subsection (j) as subsection (k); and\n            (5) by inserting after subsection (i) the following:\n    ``(j) Railway-Highway Grade Crossing Safety Improvement Grants.--\n            ``(1) Grants authorized.--The Secretary of Transportation \n        may award grants to States to make necessary safety \n        improvements to the railway-highway grade crossings identified \n        under subsection (d)(3).\n            ``(2) Prioritization.--In awarding grants under this \n        subsection, the Secretary shall--\n                    ``(A) give priority to projects to install \n                automated warning systems at railway-highway grade \n                crossings in States with the highest number of \n                accidents at such crossings; and\n                    ``(B) strive to reduce the number of railway-\n                highway grade crossings without automated warning \n                systems by not less than 50 percent.\n            ``(3) Application.--Each State desiring a grant under this \n        subsection shall submit an application to the Secretary at such \n        time, in such manner, and accompanied by such information as \n        the Secretary may reasonably require.\n            ``(4) Matching requirement.--The Secretary may not award a \n        grant to a State under this subsection unless that State agrees \n        that, with respect to the costs to be incurred by the State in \n        carrying out the program for which the grant was awarded, the \n        State will make available non-Federal contributions in an \n        amount equal to not less than $1 for every $9 of Federal \n        financial assistance provided under the grant.''.\n    (c) Funding.--Section 104(d) of title 23, United States Code, is \namended--\n            (1) by amending the subsection header to read as follows: \n        ``Funds Reserved for Improving Safety at Railway-Highway \n        Crossings'';\n            (2) by adding at the end the following:\n            ``(3) Railway-road grade crossing safety improvements.--\n        Before making an apportionment of funds under subsection (b)(3) \n        for a fiscal year, the Secretary shall set aside $178,000,000 \n        of the funds made available for the surface transportation \n        program for the fiscal year for grants under section 130(j).''.\n\nSEC. 3. PENALTIES FOR VIOLATING CROSSING SIGNS, SIGNALS, OR GATES.\n\n    (a) Prevention of Trespassing and Vandalism on Railroad Property.--\nNot later than 1 year after the date of enactment of this Act, the \nSecretary of Transportation shall--\n            (1) analyze Federal, State, and local laws for preventing \n        and responding to trespassing and vandalism on railroad \n        property; and\n            (2) update model strategies to prevent such trespassing and \n        vandalism.\n    (b) Model Legislation.--Not later than 2 years after the date of \nenactment of this Act, the Secretary of Transportation, after \nconsultation with States, units of local government, and railroad \ncarriers shall develop and make available model legislation providing \nfor civil and criminal penalties for individuals who violate grade \ncrossing signs, signals, or gates.\n\nSEC. 4. OPERATION LIFESAVER FUNDING.\n\n    Section 104(d)(1) of title 23, United States Code, is amended by \nstriking ``set aside'' and all that follows and inserting the \nfollowing: ``set aside, to carry out a public information and education \nprogram to help prevent and reduce motor vehicle accidents, injuries, \nand fatalities, and to improve driver performance at railway-road \ncrossings--\n            ``(1) $1,250,000 for fiscal year 2006;\n            ``(2) $1,300,000 for fiscal year 2007;\n            ``(3) $1,350,000 for fiscal year 2008;\n            ``(4) $1,400,000 for fiscal year 2009; and\n            ``(5) $1,460,000 for fiscal year 2010.''.\n\nSEC. 5. INSPECTIONS AND INVESTIGATIONS.\n\n    (a) Annual Inspections.--Section 20107 of title 49, United States \nCode, is amended by adding at the end the following:\n    ``(c) Annual Inspections.--The Secretary of Transportation, acting \nthrough the Administrator of the Federal Railroad Administration, \nshall, physically inspect, on an annual basis, not less than 2 percent \nof all highway-rail grade crossings in the 10 States with the highest \nrates of collisions at such crossings during the 3-year period ending \non the date of enactment of this Act.''.\n    (b) Accident Investigations.--Section 20902 of title 49, United \nStates Code, is amended--\n            (1) by redesignating subsection (c) as subsection (d); and\n            (2) by inserting after subsection (b) the following:\n    ``(c) Investigation of Fatal Accidents.--\n            ``(1) In general.--The Secretary of Transportation, acting \n        through the Administrator of the Federal Railroad \n        Administration, shall conduct an investigation of--\n                    ``(A) all fatal accidents in the United States \n                during the 1-year period ending on the date of \n                enactment of this subsection; and\n                    ``(B) any fatal railroad accident occurring in the \n                United States on or after the date of enactment of this \n                subsection.\n            ``(2) Report to congress.--Not later than 18 months after \n        the date of enactment of this Act, and annually thereafter, the \n        Secretary shall submit a report to Congress on the results of \n        the investigations conducted under paragraph (1) during the 1-\n        year period ending on the date of enactment of this Act and \n        during each successive 1-year period.''.\n\nSEC. 6. DEFINITION.\n\n    As used in this Act, and the amendments made by this Act, the term \n``highway'' has the meaning given the term in section 101 of title 23, \nUnited States Code.","title":""}
+{"_id":"c36","text":"SECTION 1. FIRE-RETARDANT MATERIALS EXEMPTION.\n\n    Section 3503 of title 46, United States Code, is amended to read as \nfollows:\n``Sec. 3503. Fire-retardant materials\n    ``(a)(1) A passenger vessel of the United States having berth or \nstateroom accommodations for at least 50 passengers shall be granted a \ncertificate of inspection only if--\n            ``(A) the vessel is constructed of fire-retardant \n        materials; and\n            ``(B) the vessel--\n                    ``(i) is operating engines, boilers, main \n                electrical distribution panels, fuel tanks, oil tanks, \n                and generators that meet current Coast Guard \n                regulations;\n                    ``(ii) is operating boilers and main electrical \n                generators that are contained within noncombustible \n                enclosures equipped with fire suppression systems; and\n                    ``(iii) has multiple forms of egress off the \n                vessel's bow and stern.\n    ``(2) Before December 1, 2028, this section does not apply to any \nvessel in operation before January 1, 1968, and operating only within \nthe Boundary Line.\n    ``(b)(1) When a vessel is exempted from the fire-retardant \nstandards of subsection (a)--\n            ``(A) the owner or managing operator of the vessel shall--\n                    ``(i) notify in writing prospective passengers, \n                prior to the sale of any ticket for boarding and to be \n                affirmatively recognized by such passenger prior to \n                purchase, and any crew member that the vessel does not \n                comply with applicable fire safety standards due \n                primarily to the wooden construction of passenger \n                berthing areas; and\n                    ``(ii) display in clearly legible font prominently \n                throughout the vessel, including in each state room the \n                following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY \n                RULES AND REGULATIONS OF THE U.S. COAST GUARD.';\n            ``(B) the owner or managing operator of the vessel--\n                    ``(i) may not disclaim liability to a passenger or \n                crew member for death, injury, or any other loss caused \n                by fire due to the negligence of the owner or managing \n                operator; and\n                    ``(ii) shall acquire prior to entering service, and \n                maintain, liability insurance in an amount to be \n                prescribed by the Federal Maritime Commission;\n            ``(C) the penalties provided in section 3504(c) of this \n        title apply to a violation of this subsection;\n            ``(D) the owner or managing operator of the vessel shall--\n                    ``(i) make annual structural alteration to not less \n                than 10 percent of the areas of the vessel that are not \n                constructed of fire retardant materials;\n                    ``(ii) prioritize alterations in galleys, \n                engineering areas of the vessel, including all spaces \n                and compartments containing, or adjacent to spaces and \n                compartments containing, engines, boilers, main \n                electrical distribution panels, fuel tanks, oil tanks, \n                and generators;\n                    ``(iii) ensure, to the satisfaction of the Coast \n                Guard, that the combustible fire-load has been reduced \n                pursuant to clause (i) during each annual inspection \n                for certification; and\n                    ``(iv) provide advance notice to the Coast Guard \n                regarding the structural alterations made pursuant to \n                clause (i) and comply with any noncombustible material \n                requirements prescribed by the Coast Guard;\n            ``(E) the Coast Guard, in making the determination required \n        in subparagraph (D)(iii), shall consider, to the extent \n        practicable, the goal of preservation of the historic integrity \n        of the vessel in areas carrying or accessible to passengers or \n        generally visible to the public;\n            ``(F) the owner or managing operator of the vessel shall \n        annually notify all ports of call and State emergency \n        management offices of jurisdiction that the vessel does not \n        comply with applicable fire safety standards due primarily to \n        the wooden construction of passenger berthing areas;\n            ``(G) the crews manning such vessel shall receive \n        specialized training, above minimum standards, in regards to \n        shipboard firefighting that is specialized for exempted vessels \n        and approved by the Coast Guard; and\n            ``(H) the owner or managing operator of the vessel shall, \n        to the extent practicable, take all steps to retain previously \n        trained crew knowledgeable of such vessel or to hire crew \n        trained in operations aboard exempted vessels.\n    ``(2) The Secretary shall conduct an annual audit and inspection of \nany vessel exempted from the fire-retardant standards of subsection \n(a).\n    ``(c) The Secretary shall prescribe regulations to carry out this \nsection. Such regulations shall include the manner in which prospective \npassengers are to be notified.\n    ``(d) In addition to other penalties permitted by law, the \nSecretary is authorized to immediately withdraw a certificate of \ninspection for a passenger vessel that does not comply with any \nrequirement under this section.''.","title":""}
+{"_id":"c360","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Rare Earths Supply Technology and \nResources Transformation Act of 2010'' or the ``RESTART Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) Significant quantities of rare earths are used in the \n        production of clean energy technologies, including advanced \n        automotive propulsion batteries, electric motors, high-\n        efficiency light bulbs, solar panels, and wind turbines. These \n        technologies are used to advance the United States energy \n        policy of reducing dependence on foreign oil and decreasing \n        greenhouse gas emissions through expansion of cleaner sources \n        of energy.\n            (2) Many modern defense technologies such as radar and \n        sonar systems, precision-guided weapons, cruise missiles, and \n        lasers cannot be built, as designed and specified, without the \n        use of rare earths and materials produced from them.\n            (3) Rare earths also provide core functionality to a \n        variety of high technology applications in computing, pollution \n        abatement, power generation, water treatment, oil refining, \n        metal alloying, communications, health care, agriculture, and \n        other sectors.\n            (4) Though at least 15 percent of the world's rare earth \n        reserves are located within the United States, the country now \n        depends upon imports for nearly 100 percent of its rare earth \n        needs because there are virtually no active rare earth \n        producers in the United States. More than 97 percent of all \n        rare earths for world consumption are produced in China.\n            (5) The ability--and willingness--of China to export rare \n        earths is eroding due to its growing domestic demand, its \n        enforcement of environmental law on current producers, and its \n        mandate to consolidate the industry by decreasing its number of \n        mining permits. The Chinese Ministry of Industry and \n        Information Technology draft rare earths plan for 2009 to 2015 \n        proposes an immediate ban on the export of dysprosium, terbium, \n        thulium, lutetium, and yttrium, the so-called ``heavy'' rare \n        earths, and a restriction on the exports of all other, light, \n        rare earth metals to a level well below that sufficient to \n        satisfy the demand of Japan in 2008 alone for such metals.\n            (6) Furthermore, the United States has limited rare earth \n        production, remains entirely dependent on overseas refineries \n        for further elemental and alloy processing, and does not \n        currently maintain a ``strategic reserve'' of rare earth \n        compounds, metals, or alloys.\n            (7) Rare earths should qualify as materials either \n        strategic or critical to national security. The United States \n        Government should facilitate the domestic reintroduction of a \n        globally competitive rare earth industry that is self-\n        sufficient in the United States domestic market with multiple \n        sources of mining, processing, alloying, and manufacturing.\n            (8) This self-sufficiency requires an uninterrupted supply \n        of strategic materials critical to national security and \n        innovative commercial product development, including rare \n        earths, to support the clean energy and defense supply chains.\n            (9) The United States currently cannot reclaim valuable \n        rare earths and permanent magnets from scrapped military or \n        consumer products, industrial materials or equipment, which \n        allows entities in other countries to identify and recover such \n        materials for resale to United States manufacturers at \n        considerable cost.\n            (10) There is an urgent need to identify the current global \n        market situation regarding rare earths, the strategic value \n        placed on them by foreign nations including China, and the \n        supply-chain vulnerabilities related to rare earths and \n        products containing rare earths.\n\nSEC. 3. ACTIONS TO PROMOTE RARE EARTH DEVELOPMENT.\n\n    (a) Policy.--It is the policy of the United States that each \nFederal agency shall take appropriate actions, to the extent consistent \nwith applicable law, to expedite permitting and projects that will \nincrease exploration for, and development of, domestic rare earths.\n    (b) Rare Earth Policy Task Force.--\n            (1) Establishment.--There is established within the \n        Department of the Interior a task force to be known as the \n        ``Rare Earth Policy Task Force'' (referred to in this section \n        as the ``Task Force''), which shall report to the President \n        through the Secretary of the Interior.\n            (2) Composition.--The Task Force shall be composed of the \n        following:\n                    (A) The Secretary of the Interior (or a designee), \n                who shall serve as chair of the Task Force.\n                    (B) The Secretary of Energy (or a designee).\n                    (C) The Secretary of Agriculture (or a designee).\n                    (D) The Secretary of Defense (or a designee).\n                    (E) The Secretary of Commerce (or a designee).\n                    (F) The Secretary of State (or a designee).\n                    (G) The Director of the Office of Management and \n                Budget (or a designee).\n                    (H) The Chairman of the Council on Environmental \n                Quality (or a designee).\n                    (I) Such other members as the Secretary of the \n                Interior considers appropriate.\n    (c) Duties.--The Task Force shall--\n            (1) monitor and assist Federal agencies in expediting the \n        review and approval of permits or other actions, as necessary, \n        to accelerate the completion of projects that will increase \n        investment in, exploration for, and development of domestic \n        rare earths pursuant to the Federal Land Policy and Management \n        Act of 1976 (43 U.S.C. 1701 et seq.), the Act of June 4, 1897 \n        (commonly known as the ``Organic Act of 1897'' (16 U.S.C. 473-\n        482, 551), the National Forest Management Act of 1976 (16 \n        U.S.C. 1600 et seq.), and any other applicable statutory \n        authorities related to domestic mining operations;\n            (2) assist Federal agencies in reviewing laws (including \n        regulations) and policies that discourage investment in, \n        exploration for, and development of domestic rare earths \n        pursuant to Federal Land Policy and Management Act of 1976, the \n        Act of June 4, 1897, the National Forest Management Act of \n        1976, and any other applicable statutory authorities related to \n        domestic mining operations; and\n            (3) take such other actions to otherwise increase \n        investment in, exploration for, and development of domestic \n        rare earths as the Task Force considers appropriate.\n    (d) Annual Reports.--At least once each year, the Task Force shall \nsubmit to the President, the Committee on Natural Resources of the \nSenate, the Committee on Energy and Commerce of the House of \nRepresentatives, and the Committee on Natural Resources of the House of \nRepresentatives a report setting forth the following:\n            (1) A description of the results of the coordinated and \n        expedited review of permits or other actions to promote \n        investment in, exploration for, and development of domestic \n        rare earths, and an identification of the procedures and \n        actions that have proven to be the most useful and appropriate \n        in coordinating and expediting the review of projects that will \n        increase investment in, exploration for, and development of \n        domestic rare earths.\n            (2) An identification of the substantive and procedural \n        requirements of Federal, State, tribal, and local laws \n        (including regulations) and Executive orders that are \n        inconsistent with, duplicative of, or structured so as to \n        restrict effective implementation of the projects described in \n        paragraph (1).\n            (3) Such recommendations as the Task Force considers \n        appropriate to advance the policy set forth in subsection (a).\n    (e) Judicial Review.--\n            (1) In general.--Nothing in this section shall be construed \n        to affect any judicial review of an agency action under any \n        other provision of law.\n            (2) Construction.--This section--\n                    (A) is intended to improve the internal management \n                of the Federal Government; and\n                    (B) does not create any right or benefit, \n                substantive or procedural, enforceable at law or equity \n                by a party against the United States (including an \n                agency, instrumentality, officer, or employee of the \n                United States) or any other person.\n\nSEC. 4. ASSESSMENT OF RARE EARTH SUPPLY CHAIN VULNERABILITY.\n\n    (a) Assessment.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of the Interior and the Secretary \nof Energy shall jointly, in consultation with the Secretary of Defense, \nthe Secretary of Commerce, the Secretary of State, and the United \nStates Trade Representative--\n            (1) undertake an assessment of the domestic rare earth \n        supply chain;\n            (2) determine pursuant to such assessment which rare earth \n        elements are critical to clean energy technologies and the \n        national and economic security of the United States; and\n            (3) submit to Congress a report setting forth the results \n        of such assessment and determination.\n    (b) Establishment of Stockpile.--Not later than one year after the \ndate of the enactment of this Act, the Secretary of the Interior and \nthe Secretary of Energy shall jointly, in consultation with the \nSecretary of Defense, the Secretary of Commerce, the Secretary of \nState, and the United States Trade Representative, submit to Congress a \nreport setting forth the following:\n            (1) An assessment whether or not the rare earth materials \n        determined to be critical to clean energy technologies and the \n        national and economic security of the United States pursuant to \n        subsection (a)(2) should be procured and placed in a stockpile.\n            (2) An assessment whether or not adequate legal authorities \n        exist to procure and place in a stockpile the rare earth \n        materials so determined to be critical to clean energy \n        technologies and the national and economic security of the \n        United States.\n            (3) Recommendations on the criteria to be utilized in \n        determining the commencement and termination of the stockpiling \n        of such rare earth materials.\n    (c) Stockpile Defined.--In this section, the term ``stockpile'' \nmeans a strategic reserve of rare earth oxides, and storable forms of \nrare earths and alloys for purposes of clean energy technology and the \nnational and economic security of the United States.\n\nSEC. 5. LOAN GUARANTEES FOR THE DOMESTIC RARE EARTH SUPPLY CHAIN.\n\n    (a) Report to Industry.--Not later than 90 days after the date of \nthe enactment of the Act, the Secretary of Energy shall issue a report \nto industry describing available mechanisms for obtaining government \nloan guarantees for purposes of reestablishing a domestic rare earth \nsupply chain.\n    (b) Department of Energy Support.--Not later than 90 days after the \ndate of the enactment of the Act, the Secretary of Energy shall issue \nguidance for the rare earth industry on obtaining loan guarantees under \ntitle XVII of the Energy Policy Act of 2005 (Public Law 109-58; 22 \nU.S.C. 16511 et seq.) and the American Recovery and Reinvestment Act of \n2009 (Public Law 111-16) for purposes of supporting the reestablishment \nof mining, separation, purification, metal processing, refining, \nalloying, and manufacturing operations in the United States relating to \nrare earths that will support the domestic clean energy technology and \ndefense supply chains.\n\nSEC. 6. DEFENSE-RELATED PRODUCTION OF RARE EARTHS.\n\n    (a) Sense of Congress.--It is the sense of Congress that--\n            (1) the United States faces a shortage of key rare earth \n        materials that form the backbone of both the defense and energy \n        supply chains; and\n            (2) the urgent need to reestablish a domestic rare earth \n        supply chain warrants a prioritization of projects under the \n        Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) to \n        support the reestablishment of such a supply chain.\n    (b) Report.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Defense shall submit to \nCongress a report describing past, current, and future projects under \nthe Defense Production Act of 1950 to support the domestic rare earth \nsupply chain. If no such project is in process or planned as of the \ndate of the report, the report shall include a justification for the \nlack of projects to support a domestic rare earth supply chain, \nparticularly projects to establish or support domestic manufacturing \ncapability in critical segments of the rare earth market.\n\nSEC. 7. SUPPORT FOR DOMESTIC RARE EARTH SUPPLY CHAIN.\n\n    It is the sense of Congress that, in order to reestablish the \nsecurity of rare earth supplies within the United States, and \nassociated technologies--\n            (1) there is a pressing need to support innovation, \n        training, and workforce development in the domestic rare earth \n        supply chain;\n            (2) the Department of Energy, the Department of the \n        Interior, the Department of Commerce, and the Department of \n        Defense should each, utilizing funds available to such \n        department for basic research and development, provide funds to \n        academic institutions, Government laboratories, corporate \n        research and development, not-for-profit research and \n        development, and industry associations in support of \n        innovation, training, and workforce development in the domestic \n        rare earth supply chain; and\n            (3) in providing funds under paragraph (2), the Department \n        of Energy, the Department of the Interior, the Department of \n        Commerce, and the Department of Defense should give priority to \n        academic institutions, Government laboratories, corporations, \n        not-for-profit entities, and industry associations that will \n        utilize domestically produced rare earths and associated \n        materials.\n\nSEC. 8. RESTRICTIONS.\n\n    (a) Limitation on Divestment of Facilities Created.--No recipient \nof appropriated funds for the purposes of supporting the \nreestablishment of a domestic rare earth supply chain, may divest any \nresources or assets funded, whether in whole or in part, by such \nappropriated funds to any foreign-owned or controlled entity without \nthe concurrence of the Secretary of Energy, the Secretary of Defense, \nand the Secretary of Commerce.\n    (b) Enhancing National Security.--Any recipient of appropriated \nfunds obtained in connection with the reestablishment of a domestic \nrare earth supply chain shall be subject to the provisions of section \n2538 of title 10, United States Code, in the utilization of such funds, \nincluding with respect to any rare earth-related material sold by such \nrecipient in the commercial marketplace.\n\nSEC. 9. DEFINITIONS.\n\n    In this Act:\n            (1) Alloy.--The terms ``alloy'' means a partial or complete \n        solid solution of one or more elements in a metallic matrix.\n            (2) Alloying.--The term ``alloying'' means the melting of \n        metal to create a metallic matrix.\n            (3) Clean energy technology.--The term ``clean energy \n        technology'' means a technology related to the production, use, \n        transmission, storage, control, or conservation of energy that \n        will--\n                    (A) reduce the need for additional energy supplies \n                by using existing energy supplies with greater \n                efficiency or by transmitting, distributing, or \n                transporting energy with greater effectiveness through \n                the infrastructure of the United States;\n                    (B) diversify the sources of energy supply of the \n                United States to strengthen energy security and to \n                increase supplies with a favorable balance of \n                environmental effects if the entire technology system \n                is considered; or\n                    (C) contribute to a stabilization of atmospheric \n                greenhouse gas concentrations through reduction, \n                avoidance, or sequestration of energy-related \n                emissions.\n            (4) Process.--The term ``process'', in the case of a rare \n        earth oxide, means the conversion of the oxide into usable rare \n        earth metals and specialty alloys and powders for domestic \n        magnet and other manufacturing.\n            (5) Rare earth.--The term ``rare earth''--\n                    (A) means the chemical elements in the periodic \n                table from lanthanum (atomic number 57) up to and \n                including lutetium (atomic number 71); and\n                    (B) includes the chemical elements yttrium and \n                scandium.\n            (6) Refine.--The term ``refine'', in the case of a rare \n        earth extracted from rock, means the separation and \n        purification of the rare earth to commercial grades of oxides \n        or other salts such as oxalates or chlorides.","title":""}
+{"_id":"c361","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Reach Every Mother and Child Act of \n2017''.\n\nSEC. 2. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD \n              DEATHS GLOBALLY.\n\n    The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is \namended by adding at the end of chapter I of part I the following new \nsection:\n\n``SEC. 137. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD \n              DEATHS GLOBALLY.\n\n    ``(a) Purpose.--The purpose of this section is to implement a \nstrategic approach for providing foreign assistance in order to end \npreventable child and maternal deaths globally by 2030.\n    ``(b) Definitions.--In this section:\n            ``(1) Administrator.--The term `Administrator' means the \n        Administrator of the United States Agency for International \n        Development.\n            ``(2) Appropriate congressional committees.--The term \n        `appropriate congressional committees' means--\n                    ``(A) the Committee on Foreign Relations and the \n                Committee on Appropriations of the Senate; and\n                    ``(B) the Committee on Foreign Affairs and the \n                Committee on Appropriations of the House of \n                Representatives.\n            ``(3) Coordinator.--The term `Coordinator' means the Child \n        and Maternal Survival Coordinator established under subsection \n        (e).\n            ``(4) Relevant partner entities.--The term `relevant \n        partner entities' means each of the following:\n                    ``(A) The governments of other donor countries.\n                    ``(B) International financial institutions.\n                    ``(C) Nongovernmental organizations.\n                    ``(D) Faith-based organizations.\n                    ``(E) Professional organizations\n                    ``(F) The private sector.\n                    ``(G) Multilateral organizations.\n                    ``(H) Local and international civil society groups.\n                    ``(I) Local health workers.\n                    ``(J) International organizations.\n            ``(5) Target countries.--The term `target countries' means \n        specific countries that have the greatest need and highest \n        burden of child and maternal deaths, taking into consideration \n        countries that--\n                    ``(A) have high-need communities in fragile states \n                or conflict-affected states;\n                    ``(B) are low- or middle-income countries; or\n                    ``(C) are located in regions with weak health \n                systems.\n    ``(c) Statement of Policy.--It is the policy of the United States, \nin partnership with target countries and relevant partner entities, to \nestablish and implement a coordinated, integrated, and comprehensive \nstrategy to combat the leading causes of maternal, newborn, and child \nmortality globally and ensure healthy and productive lives by--\n            ``(1) scaling up the highest impact, evidence-based \n        interventions, including for the most vulnerable populations, \n        with a focus on country ownership;\n            ``(2) designing, implementing, monitoring, and evaluating \n        programs in a way that enhances transparency and \n        accountability, increases sustainability, and improves outcomes \n        in target countries; and\n            ``(3) supporting the development and scale up of innovative \n        tools and approaches to accelerate progress toward ending \n        preventable child and maternal deaths.\n    ``(d) Strategy.--\n            ``(1) In general.--Not later than one year after the date \n        of the enactment of the Reach Every Mother and Child Act of \n        2017, the President shall establish and implement a \n        comprehensive five-year, whole-of-government strategy to \n        achieve, with target countries and donors, the goal of ending \n        preventable child and maternal deaths globally and ensure \n        healthy and productive lives by 2030.\n            ``(2) Elements.--The strategy established under paragraph \n        (1) shall--\n                    ``(A) set outcome-based targets to achieve the \n                goals of the strategy and ascertain baseline data \n                relevant for each target country and for all areas of \n                focus and programming as of the date of the release of \n                the strategy;\n                    ``(B) utilize United States Government strategies \n                and frameworks relevant to ending preventable child and \n                maternal deaths, including specific objectives, \n                programs, and approaches to implement highest impact, \n                evidence-based interventions to address the leading \n                causes of death, particularly among the most vulnerable \n                populations, of--\n                            ``(i) women related to pregnancy, \n                        childbirth, and post delivery;\n                            ``(ii) newborns in their first 28 days; and\n                            ``(iii) infants and children under the age \n                        of five years old;\n                    ``(C) include development and scale up of new \n                technologies and approaches, including those supported \n                by public-private partnerships, for research and \n                innovation;\n                    ``(D) promote coordination and efficiency within \n                and amongst the relevant executive branch agencies and \n                initiatives, including the United States Agency for \n                International Development, the Department of State, the \n                Department of Health and Human Services, the Centers \n                for Disease Control and Prevention, the National \n                Institutes of Health, the Millennium Challenge \n                Corporation, the Peace Corps, the Department of the \n                Treasury, the Office of the Global AIDS Coordinator, \n                and the President's Malaria Initiative;\n                    ``(E) project general levels of resources needed to \n                achieve the strategy's stated objectives;\n                    ``(F) identify strategies for leveraging resources \n                in new and innovative ways;\n                    ``(G) align with country-driven maternal, newborn, \n                and child health and survival plans and improve \n                coordination with foreign governments and international \n                organizations;\n                    ``(H) outline consultations with target countries \n                and relevant partner entities as appropriate;\n                    ``(I) implement results-based contracting (such as \n                pay-for-success) and financial and operational risk \n                reduction;\n                    ``(J) promote a shift towards investments that \n                support inclusive and sustainable business models; and\n                    ``(K) support the transition to domestic \n                sustainably financed health systems.\n            ``(3) Initial strategy.--For the purposes of this section, \n        a strategy meeting the criteria described in paragraph (2) that \n        is in effect as of the date of enactment of this section may be \n        deemed to fulfill the establishment requirement in paragraph \n        (1).\n    ``(e) Establishment of Child and Maternal Survival Coordinator.--\n            ``(1) In general.--The President shall designate a current \n        USAID employee serving in a career or non-career position in \n        the Senior Executive Service or at the level of a Deputy \n        Assistant Administrator or higher to serve concurrently as the \n        Child and Maternal Survival Coordinator. The Coordinator shall \n        be responsible for--\n                    ``(A) overseeing the strategy established under \n                subsection (d); and\n                    ``(B) all United States Government funds \n                appropriated or used for international maternal and \n                child health and nutrition programs.\n            ``(2) Duties.--The Coordinator shall--\n                    ``(A) have the primary responsibility for the \n                oversight and coordination of all resources and \n                international activities of the United States \n                Government appropriated or used for international \n                maternal and child health and nutrition programs;\n                    ``(B) direct the budget, planning, and staffing to \n                implement international maternal and child health and \n                nutrition projects and programs for the purpose of \n                achieving reductions in preventable child and maternal \n                deaths;\n                    ``(C) lead implementation and revision, not less \n                frequently than once every 5 years, of the strategy \n                established under subsection (d)(1);\n                    ``(D) coordinate with relevant executive branch \n                agencies, target countries, and relevant partner \n                entities as appropriate, to carry out the strategy \n                established under section 5(a) and to align current and \n                future investments with high-impact, evidence-based \n                interventions to save lives;\n                    ``(E) provide direction to the design and oversight \n                of grants, contracts, and cooperative agreements with \n                nongovernmental organizations (including community, \n                faith-based, and civil society organizations) and \n                private sector entities for the purpose of carrying out \n                the strategy established under subsection (d)(1); and\n                    ``(F) report directly to the Administrator \n                regarding implementation of the strategy established \n                under subsection (d)(1).\n            ``(3) Restriction on additional or supplemental \n        compensation.--The Coordinator shall receive no additional or \n        supplemental compensation as a result of carrying out \n        responsibilities and duties under this section.\n    ``(f) Authority to Assist in Implementation of the Strategy.--\n            ``(1) In general.--The President shall provide assistance \n        to implement the strategy established under subsection (d)(1).\n            ``(2) Focus on impact.--\n                    ``(A) Targets for increased implementation \n                required.--Consistent with the requirements for foreign \n                assistance programs included in the Foreign Aid \n                Transparency and Accountability Act of 2016 (Public Law \n                114-119), USAID grants, contracts, and cooperative \n                agreements for the purposes of the strategy established \n                under subsection (d)(1) shall be required to include \n                targets for increased implementation of high-impact, \n                evidence-based interventions and strengthening health \n                systems, as appropriate, including the establishment of \n                baseline measurements from which to quantify progress.\n                    ``(B) Exception.--In exceptional circumstances \n                where USAID determines that inclusion of coverage \n                targets or baseline measures are not reasonable or \n                practicable for the grant, contract, or cooperative \n                agreement, the funding mechanism shall include an \n                explanation of the omission and explicitly state how \n                measurable impact will be targeted and tracked.\n    ``(g) Reports.--\n            ``(1) Report required.--Not later than one year after the \n        date of the enactment of this section, and annually thereafter \n        for 5 additional years, the President shall submit to the \n        appropriate congressional committees a report on progress made \n        to achieve the strategy established under subsection (d)(1) as \n        well as progress toward the goal to end preventable child and \n        maternal deaths globally. The data in the report shall be made \n        publicly available.\n            ``(2) Information included in report.--The report required \n        under paragraph (1) shall include the following elements:\n                    ``(A) Indicators of progress made by United States \n                Government programs carried out under international \n                maternal and child health and nutrition programs for \n                the purposes of improving maternal, newborn, and child \n                health and survival, particularly among the most \n                vulnerable populations, in each target country and \n                overall, including--\n                            ``(i) maternal mortality ratio per 100,000 \n                        live births and under-5 mortality ratio per \n                        1,000 live births;\n                            ``(ii) number of maternal, newborn, and \n                        child deaths averted;\n                            ``(iii) percentage of births attended by \n                        skilled health personnel;\n                            ``(iv) an analysis of gaps in the health \n                        workforce required to end preventable child and \n                        maternal deaths, including an analysis of \n                        health workforce density (number of certified \n                        health workers, including community-based \n                        health workers, per population);\n                            ``(v) a description of the measured or \n                        estimated impact on maternal, newborn, and \n                        child survival of each ongoing program or \n                        project;\n                            ``(vi) progress towards achieving the goal \n                        to save 15,000,000 children's lives and 600,000 \n                        women's lives by 2020, and any subsequent goals \n                        established under the strategy required under \n                        subsection (d); and\n                            ``(vii) any other targets identified by the \n                        Coordinator as essential to meeting the goals \n                        of the strategy for ending preventable child \n                        and maternal deaths.\n                    ``(B) Assessments of progress made toward achieving \n                the targets set forth under subparagraph (A).\n                    ``(C) A description of how the interventions or \n                programs are designed to--\n                            ``(i) increase activities in target \n                        countries;\n                            ``(ii) reach underserved, marginalized, \n                        vulnerable, and impoverished populations;\n                            ``(iii) address causes of maternal, \n                        newborn, and child mortality with innovative \n                        efforts and interventions posed to go to scale;\n                            ``(iv) invest in activities that empower \n                        women, support voluntarism, and provide \n                        respectful maternity care;\n                            ``(v) improve transparency and \n                        accountability at all levels and include common \n                        metrics for tracking progress;\n                            ``(vi) ensure that high-impact, evidence-\n                        based interventions are prioritized; and\n                            ``(vii) expand access to quality services \n                        through community-based approaches and include \n                        community accountability measures.\n                    ``(D) Reporting on each aspect of the strategy \n                established under subsection (d)(1), including--\n                            ``(i) multi-sectoral approaches, specific \n                        strategies, and programming utilizing high-\n                        impact, evidence-based interventions to address \n                        the leading causes of preventable child and \n                        maternal deaths;\n                            ``(ii) activities to develop and scale up \n                        new technologies and approaches, including \n                        those identified by public-private \n                        partnerships, for research and innovation;\n                            ``(iii) coordination with United States \n                        agencies, foreign governments, nongovernmental \n                        organizations, and international organizations;\n                            ``(iv) methods used to leverage new \n                        financial and other public and private \n                        resources in innovative ways; and\n                            ``(v) best practices identified by the \n                        executive branch.\n                    ``(E) Reporting on grants, contracts, and \n                cooperative agreements awarded, including--\n                            ``(i) a comprehensive list of USAID grants, \n                        contracts, and cooperative agreements awarded \n                        in implementation of the strategy established \n                        under subsection (d)(1); and\n                            ``(ii) a description of--\n                                    ``(I) the targets for coverage of \n                                interventions or services and the \n                                baseline against which they are \n                                measured and the status of progress in \n                                meeting the targets; or\n                                    ``(II) in the case of exceptional \n                                circumstances where USAID determines \n                                that inclusion of targets or baseline \n                                measurements is not reasonable or \n                                practicable, an explanation of how the \n                                impact of the grant, contract, \n                                agreement, or resulting program is \n                                being measured.\n                    ``(F) Reporting on the innovative public-private \n                financing tools, including an analysis of the \n                feasibility and potential effectiveness of new \n                financing tools that could be used to fund efforts to \n                end preventable child and maternal deaths globally.\n    ``(h) Authorization of Appropriations.--\n            ``(1) Authorization.--For fiscal years 2018 through 2022, \n        the provisions of this section shall be carried out using \n        amounts appropriated or otherwise made available for the \n        Department of State or the United States Agency for \n        International Development and available for global health \n        programs.\n            ``(2) Application.--Funds appropriated or otherwise made \n        available to carry out activities under this section shall be \n        subject to all applicable restrictions under Federal law.\n            ``(3) Expiration of funds.--Amounts appropriated or \n        otherwise made available to carry out activities under this \n        section shall remain available for obligation for a period of 5 \n        years.''.","title":""}
+{"_id":"c362","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Rebuilding Equity Act of 2013''.\n\nSEC. 2. REBUILDING EQUITY PROGRAM.\n\n    (a) Establishment of Voluntary Program.--\n            (1) Establishment.--\n                    (A) Payment of closing costs.--The Federal National \n                Mortgage Association and the Federal Home Loan Mortgage \n                Corporation (in this Act referred to as the \n                ``enterprises'') shall each establish a voluntary \n                program for borrowers described in paragraph (2), under \n                which the enterprises shall pay $1,000 toward the \n                closing costs associated with applying for and \n                receiving the refinancing when the borrower agrees to \n                refinance into a fully amortizing loan with a term of \n                not longer than 20 years.\n                    (B) First year of program.--During the 12-month \n                period that begins on the date of enactment of this \n                Act, the amount of the closing costs that each \n                enterprise shall pay under the program shall not vary \n                based on the term of the mortgage that the borrower \n                agrees to refinance into.\n                    (C) Subsequent years.--\n                            (i) Annual recalculation of closing costs \n                        payment.--Upon the expiration of the 12-month \n                        period set forth under subparagraph (B), and \n                        for each of the next two 12-month periods \n                        thereafter, the Director of the Federal Housing \n                        Finance Agency--\n                                    (I) shall adjust the amount of the \n                                portion of the closing costs that each \n                                enterprise will pay under the program--\n                                            (aa) by an amount that \n                                        results in such program being \n                                        revenue neutral for such 12-\n                                        month period; and\n                                            (bb) based on economic \n                                        conditions generally affecting \n                                        the mortgage and housing \n                                        markets; and\n                                    (II) may adjust the amount of the \n                                closing costs that each enterprise will \n                                pay under the program based on the term \n                                of the mortgage that the borrower \n                                agrees to refinance into.\n                            (ii) Report.--The Director of the Federal \n                        Housing Finance Agency shall report any \n                        adjustments made pursuant to the requirements \n                        of clause (i) to the Chair and Ranking Member \n                        of the Committee on Banking, Housing, and Urban \n                        Affairs of the Senate and the Committee on \n                        Financial Services of the House of \n                        Representatives.\n            (2) Eligible borrowers.--The program required by paragraph \n        (1) shall be for any borrower--\n                    (A) who qualifies for the Home Affordable Refinance \n                Program carried out by the enterprises;\n                    (B) whose subject property has a loan-to-value \n                ratio of not less than 105 percent; and\n                    (C) who refinances from a loan with an original \n                term of 30 years to a loan with a term of 20 years or \n                less.\n    (b) Sunset.--Each voluntary program under this section shall \nterminate on the date that is 3 years after the date of establishment \nof such program.\n    (c) Definitions.--As used in this section, the following \ndefinitions shall apply:\n            (1) Loan-to-value ratio.--The term ``loan-to-value ratio'' \n        means the ratio of the amount of the primary mortgage on a \n        property to the value of that property.\n            (2) Closing costs.--The term ``closing costs''--\n                    (A) means all reasonable and actual costs charged \n                to the borrower by a third party to the refinancing \n                transaction;\n                    (B) includes--\n                            (i) appraisal and inspection fees;\n                            (ii) fees associated with obtaining a \n                        borrower's credit report;\n                            (iii) title insurance and title examination \n                        costs;\n                            (iv) attorneys' fees associated with \n                        closing the transaction, other than attorneys' \n                        fees associated with disputes arising out of \n                        the transaction or otherwise ancillary to \n                        closing the transaction;\n                            (v) document preparation costs, if \n                        completed by a third party not controlled by \n                        the lender;\n                            (vi) transfer stamps, recording fees, \n                        courier fees, wire transfer fees, and \n                        reconveyance fees; and\n                            (vii) test and certification fees; and\n                    (C) does not include any costs charged to the \n                borrower by the lender, including--\n                            (i) lender application fees; and\n                            (ii) lender origination fees.","title":""}
+{"_id":"c363","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Reducing Over-Classification Act of \n2008''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) A key conclusion in the Final Report of the National \n        Commission on Terrorist Attacks Upon the United States \n        (commonly known as the ``9\/11 Commission'') was the need to \n        prevent over-classification by the Federal Government.\n            (2) The 9\/11 Commission and others have observed that the \n        over-classification of homeland security information interferes \n        with accurate, actionable, and timely homeland security \n        information sharing, increases the cost of information \n        security, and needlessly limits public access to information.\n            (3) The over-classification problem, which has worsened \n        since the 9\/11 attacks, causes considerable confusion about \n        what information can be shared with whom both internally at the \n        Department of Homeland Security and with its external partners. \n        This problem negatively impacts the dissemination of homeland \n        security information to the Department's State, local, tribal, \n        and territorial homeland security and law enforcement partners, \n        private sector customers, and the public.\n            (4) Excessive government secrecy stands in the way of a \n        safer and more secure homeland. This trend is antithetical to \n        the creation and operation of the information sharing \n        environment established under section 1016 of the Intelligence \n        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and \n        must be halted and reversed.\n            (5) To do so, the Department should start with the \n        understanding that all departmental information that is not \n        properly classified, or marked as controlled unclassified \n        information and otherwise exempt from disclosure, should be \n        made available to members of the public pursuant to section 552 \n        of title 5, United States Code (commonly referred to as the \n        ``Freedom of Information Act'').\n            (6) The Department should also develop and administer \n        policies, procedures, and programs that promote compliance with \n        applicable laws, executive orders, and other authorities \n        pertaining to the proper use of classification markings and the \n        United States National Archives and Records Administration \n        policies implementing them.\n\nSEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE DEPARTMENT OF \n              HOMELAND SECURITY.\n\n    Subtitle A of title II of the Homeland Security Act of 2002 (6 \nU.S.C. 121 et seq.) is amended by adding at the end the following new \nsection:\n\n``SEC. 210F. OVER-CLASSIFICATION PREVENTION PROGRAM.\n\n    ``(a) In General.--The Secretary shall develop and administer \npolicies, procedures, and programs within the Department to prevent the \nover-classification of homeland security information, terrorism \ninformation, weapons of mass destruction information, and other \ninformation within the scope of the information sharing environment \nestablished under section 1016 of the Intelligence Reform and Terrorism \nPrevention Act of 2004 (6 U.S.C. 485) that must be disseminated to \nprevent and to collectively respond to acts of terrorism. The Secretary \nshall coordinate with the Archivist of the United States and consult \nwith representatives of State, local, tribal, and territorial \ngovernment and law enforcement, organizations with expertise in civil \nrights, civil liberties, and government oversight, and the private \nsector, as appropriate, to develop such policies, procedures, and \nprograms.\n    ``(b) Requirements.--Not later than one year after the date of the \nenactment of the Reducing Over-Classification Act of 2008, the \nSecretary, in administering the policies, procedures, and programs \nrequired under subsection (a), shall--\n            ``(1) create, in consultation with the Archivist of the \n        United States, standard classified and unclassified formats for \n        finished intelligence products created by the Department, \n        consistent with any government-wide standards, practices or \n        procedures for similar products;\n            ``(2) require that all finished intelligence products \n        created by the Department be simultaneously prepared in the \n        standard unclassified format, provided that such an \n        unclassified product would reasonably be expected to be of any \n        benefit to a State, local, tribal or territorial government, \n        law enforcement agency or other emergency response provider, or \n        the private sector, based on input provided by the Interagency \n        Threat Assessment and Coordination Group Detail established \n        under section 210D;\n            ``(3) ensure that such policies, procedures, and programs \n        protect the national security as well as the information \n        privacy rights and legal rights of United States persons \n        pursuant to all applicable law and policy, including the \n        privacy guidelines for the information sharing environment \n        established pursuant to section 1016 of the Intelligence Reform \n        and Terrorism Prevention Act of 2004 (6 U.S.C. 485), as \n        appropriate;\n            ``(4) establish an ongoing auditing mechanism administered \n        by the Inspector General of the Department or other appropriate \n        senior Department official that randomly selects, on a periodic \n        basis, classified information from each component of the \n        Department that generates finished intelligence products to--\n                    ``(A) assess whether applicable classification \n                policies, procedures, rules, and regulations have been \n                followed;\n                    ``(B) describe any problems with the administration \n                of the applicable classification policies, procedures, \n                rules, and regulations, including specific non-\n                compliance issues;\n                    ``(C) recommend improvements in awareness and \n                training to address any problems identified in \n                subparagraph (B); and\n                    ``(D) report at least annually to the Committee on \n                Homeland Security of the House of Representatives, the \n                Committee on Homeland Security and Governmental Affairs \n                of the Senate, and the public, in an appropriate \n                format, on the findings of the Inspector General's \n                audits under this section;\n            ``(5) establish a process whereby employees may challenge \n        original classification decisions made by Department employees \n        or contractors and be rewarded with specific incentives for \n        successful challenges resulting in the removal of \n        classification markings or the downgrading of them;\n            ``(6) inform employees and contractors that failure to \n        comply with the policies, procedures, and programs established \n        under this section could subject them to a series of penalties; \n        and\n            ``(7) institute a series of penalties for employees and \n        contractors who repeatedly fail to comply with the policies, \n        procedures, and programs established under this section after \n        having received both notice of their noncompliance and \n        appropriate training or re-training to address such \n        noncompliance.\n    ``(c) Finished Intelligence Product Defined.--The term `finished \nintelligence product' means a document in which an intelligence analyst \nhas evaluated, interpreted, integrated, or placed into context raw \nintelligence or information.''.\n\nSEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE \n              DEPARTMENT OF HOMELAND SECURITY.\n\n    Subtitle A of title II of the Homeland Security Act of 2002 (6 \nU.S.C. 121 et seq.) is further amended by adding at the end the \nfollowing new section:\n\n``SEC. 210G. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION PROGRAMS.\n\n    ``(a) Personal Identifiers.--The Secretary shall--\n            ``(1) assess the technologies available or in use at the \n        Department by which an electronic personal identification \n        number or other electronic identifying marker can be assigned \n        to each Department employee and contractor with original \n        classification authority in order to--\n                    ``(A) track which documents have been classified by \n                a particular employee or contractor;\n                    ``(B) determine the circumstances when such \n                documents have been shared;\n                    ``(C) identify and address over-classification \n                problems, including the misapplication of \n                classification markings to documents that do not merit \n                such markings; and\n                    ``(D) assess the information sharing impact of any \n                such problems or misuse;\n            ``(2) develop an implementation plan for a Department \n        standard for such technology with appropriate benchmarks, a \n        timetable for its completion, and cost estimate for the \n        creation and implementation of a system of electronic personal \n        identification numbers or other electronic identifying markers \n        for all relevant Department employees and contractors; and\n            ``(3) upon completion of the implementation plan described \n        in paragraph (2), or not later than 180 days after the date of \n        the enactment of the Reducing Over-Classification Act of 2008, \n        whichever is earlier, the Secretary shall provide a copy of the \n        plan to the Committee on Homeland Security of the House of \n        Representatives and the Committee on Homeland Security and \n        Governmental Affairs of the Senate.\n    ``(b) Training.--The Secretary, in coordination with the Archivist \nof the United States, shall--\n            ``(1) require annual training for each Department employee \n        and contractor with classification authority or those \n        responsible for analysis, dissemination, preparation, \n        production, receiving, publishing, or otherwise communicating \n        written classified information, including training to--\n                    ``(A) educate each employee and contractor about--\n                            ``(i) the Department's requirement that all \n                        classified finished intelligence products that \n                        they create be simultaneously prepared in \n                        unclassified form in a standard format \n                        prescribed by the Department, provided that the \n                        unclassified product would reasonably be \n                        expected to be of any benefit to a State, \n                        local, tribal, or territorial government, law \n                        enforcement agency, or other emergency response \n                        provider, or the private sector, based on input \n                        provided by the Interagency Threat Assessment \n                        and Coordination Group Detail established under \n                        section 210D;\n                            ``(ii) the proper use of classification \n                        markings, including portion markings; and\n                            ``(iii) the consequences of over-\n                        classification and other improper uses of \n                        classification markings, including the \n                        misapplication of classification markings to \n                        documents that do not merit such markings, and \n                        of failing to comply with the Department's \n                        policies and procedures established under or \n                        pursuant to this section, including the \n                        negative consequences for the individual's \n                        personnel evaluation, homeland security, \n                        information sharing, and the overall success of \n                        the Department's missions;\n                    ``(B) serve as a prerequisite, once completed \n                successfully, as evidenced by an appropriate \n                certificate, for--\n                            ``(i) obtaining classification authority; \n                        and\n                            ``(ii) renewing such authority annually; \n                        and\n                    ``(C) count as a positive factor, once completed \n                successfully, in the Department's employment, \n                evaluation, and promotion decisions; and\n            ``(2) ensure that such program is conducted efficiently, in \n        conjunction with any other security, intelligence, or other \n        training programs required by the Department to reduce the \n        costs and administrative burdens associated with the additional \n        training required by this section.\n    ``(c) Detailee Program.--The Secretary shall--\n            ``(1) implement a Departmental detailee program to detail \n        Departmental personnel to the National Archives and Records \n        Administration for one year, for the purpose of--\n                    ``(A) training and educational benefit for the \n                Department personnel assigned so that they may better \n                understand the policies, procedures and laws governing \n                original classification authorities;\n                    ``(B) bolstering the ability of the National \n                Archives and Records Administration to conduct its \n                oversight authorities over the Department and other \n                Departments and agencies; and\n                    ``(C) ensuring that the policies and procedures \n                established by the Secretary remain consistent with \n                those established by the Archivist of the United \n                States;\n            ``(2) ensure that the program established under paragraph \n        (1) includes at least one individual for each Department office \n        with delegated original classification authority; and\n            ``(3) in coordination with the Archivist of the United \n        States, report to Congress not later than 90 days after the \n        conclusion of the first year of the program established under \n        paragraph (1), on--\n                    ``(A) the advisability of expanding the program on \n                a government-wide basis, whereby other departments and \n                agencies would send detailees to the National Archives \n                and Records Administration; and\n                    ``(B) the administrative and monetary costs of full \n                compliance with this section.\n    ``(d) Sunset of Detailee Program.--Except as otherwise provided by \nlaw, subsection (c) shall cease to have effect on December 31, 2012.\n    ``(e) Finished Intelligence Product Defined.--The term `finished \nintelligence product' has the meaning given the term in section \n210F(c).''.\n\nSEC. 5. TECHNICAL AMENDMENT.\n\n    The table of contents in section 1(b) of the Homeland Security Act \nof 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating \nto section 210E the following new items:\n\n``Sec. 210F. Over-classification prevention program.\n``Sec. 210G. Enforcement of over-classification prevention programs.''.\n\n            Passed the House of Representatives July 30, 2008.\n\n            Attest:\n\n                                            LORRAINE C. MILLER,\n\n                                                                 Clerk.","title":""}
+{"_id":"c364","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Regulatory Capture Prevention Act of \n2011''.\n\nSEC. 2. OFFICE OF REGULATORY INTEGRITY.\n\n    (a) In General.--Chapter 5 of title 31, United States Code, is \namended by inserting after section 507 the following:\n``Sec. 508. Office of Regulatory Integrity\n    ``(a) Definitions.--In this section--\n            ``(1) the term `Administrator' means the Administrator of \n        the Office of Regulatory Integrity;\n            ``(2) the term `agency'--\n                    ``(A) means each authority of the Government of the \n                United States, whether or not it is within or subject \n                to review by another agency; and\n                    ``(B) does not include--\n                            ``(i) the Government Accountability Office; \n                        or\n                            ``(ii) the Congressional Budget Office; and\n            ``(3) the term `relevant committees of Congress' means--\n                    ``(A) the Committee on Homeland Security and \n                Governmental Affairs of the Senate;\n                    ``(B) the Committee on Appropriations of the \n                Senate;\n                    ``(C) the Committee on the Judiciary of the Senate;\n                    ``(D) the Committee on Oversight and Government \n                Reform of the House of Representatives;\n                    ``(E) the Committee on Appropriations of the House \n                of Representatives;\n                    ``(F) the Committee on the Judiciary of the House \n                of Representatives; and\n                    ``(G) with respect to a report other than the \n                annual report, any committee in the Senate or House of \n                Representatives that exercises oversight authority over \n                an agency discussed in the report.\n    ``(b) Office of Regulatory Integrity.--\n            ``(1) Establishment.--There is established in the Office of \n        Management and Budget an office to be known as the Office of \n        Regulatory Integrity.\n            ``(2) Administrator.--There shall be at the head of the \n        Office of Regulatory Integrity an Administrator who shall be \n        appointed by the President, by and with the advice and consent \n        of the Senate.\n    ``(c) Functions of Administrator.--\n            ``(1) In general.--In order to defeat regulatory capture \n        and related threats to the integrity of Federal agencies, the \n        Administrator shall investigate and report on the influence of \n        concentrated economic interests on Federal agencies, and \n        components thereof, that results in--\n                    ``(A) agency action or inaction that fails to \n                advance the congressionally assigned mission of the \n                agency or is otherwise inimical to the public interest;\n                    ``(B) regulation, licensing, adjudication, grants, \n                or other agency action that--\n                            ``(i) favors a limited number of economic \n                        interests at the expense of the agency's \n                        congressionally assigned mission; or\n                            ``(ii) is otherwise inimical to the public \n                        interest;\n                    ``(C) enforcement priorities that are not \n                reasonably calculated to accomplish the goals of the \n                regulatory program in question; or\n                    ``(D) a loss of confidence in the integrity of the \n                regulatory process.\n            ``(2) Recommendations by the administrator.--When reporting \n        on the influence of concentrated economic interests on an \n        agency, the Administrator shall include recommendations that, \n        if implemented, would restore integrity to the regulatory \n        process by enhancing the capacity of the agency to resist such \n        influence.\n            ``(3) Comments by federal agencies.--Unless the \n        Administrator determines that the public interest requires \n        immediate release, the Administrator shall--\n                    ``(A) provide a copy of a report to the relevant \n                Federal agencies not less than 30 days before the \n                completion of a report by the Administrator; and\n                    ``(B) include the comments of the relevant Federal \n                agencies as addenda to the report upon release.\n            ``(4) Coordination with inspectors general.--The \n        Administrator shall inform the inspectors general of the \n        relevant Federal agencies upon initiation of an investigation \n        and may coordinate with the inspectors general as the \n        Administrator concludes is appropriate to fulfill the \n        responsibilities established by this section.\n    ``(d) Authority of Administrator.--\n            ``(1) In general.--In addition to the authority otherwise \n        provided by this section, the Administrator, in carrying out \n        the provisions of this section, is authorized to--\n                    ``(A) have access to all records, reports, audits, \n                reviews, documents, papers, recommendations, or other \n                material available to the applicable agency which \n                relate to regulatory activities with respect to which \n                the Administrator has responsibilities under this \n                section;\n                    ``(B) make such investigations and reports relating \n                to the administration of the programs and operations of \n                the applicable agency as are, in the judgment of the \n                Administrator, necessary or desirable;\n                    ``(C) request such information or assistance as may \n                be necessary to carry out the duties and \n                responsibilities provided by this section from any \n                Federal, State, or local governmental agency or unit \n                thereof;\n                    ``(D) require by subpoena the production of all \n                information, documents, reports, answers, records, \n                accounts, papers, and other data in any medium \n                (including electronically stored information, as well \n                as any tangible thing) and documentary evidence \n                necessary in the performance of the functions assigned \n                by this section, which subpoena, in the case of \n                contumacy or refusal to obey, shall be enforceable by \n                order of any appropriate United States District Court, \n                except that procedures other than subpoenas shall be \n                used by the Administrator to obtain documents and \n                information from Federal agencies;\n                    ``(E) administer to or take from any person an \n                oath, affirmation, or affidavit, whenever necessary in \n                the performance of the functions assigned by this \n                section, which oath, affirmation, or affidavit when \n                administered or taken by or before an employee of the \n                Office of Regulatory Integrity designated by the \n                Administrator shall have the same force and effect as \n                if administered or taken by or before an officer having \n                a seal;\n                    ``(F) have direct and prompt access to the head of \n                the agency involved when necessary for any purpose \n                pertaining to the performance of functions and \n                responsibilities under this section;\n                    ``(G) select, appoint, and employ such officers and \n                employees as may be necessary to carry out the \n                functions, powers, and duties of the Office of \n                Regulatory Integrity subject to the provisions of title \n                5, governing appointments in the competitive service, \n                and the provisions of chapter 51 and subchapter III of \n                chapter 53 of such title relating to classification and \n                General Schedule pay rates;\n                    ``(H) obtain services as authorized by section 3109 \n                of title 5 at daily rates not to exceed the equivalent \n                rate prescribed for a position at level IV of the \n                Executive Schedule; and\n                    ``(I) the extent and in such amounts as may be \n                provided in advance by appropriations Acts, enter into \n                contracts and other arrangements for audits, studies, \n                analyses, and other services with public agencies and \n                with private persons, and to make such payments as may \n                be necessary to carry out the provisions of this \n                section.\n            ``(2) Information and assistance.--\n                    ``(A) Information and assistance by head of \n                agency.--Upon request of the Administrator for \n                information or assistance under paragraph (1), the head \n                of any agency involved shall, insofar as is practicable \n                and not in contravention of any statutory restriction \n                or regulation of the agency from which the information \n                is requested, furnish to the Administrator, or to an \n                authorized designee, such information or assistance.\n                    ``(B) Information and assistance by inspectors \n                general.--Upon request of the Administrator for \n                information or assistance under paragraph (1), the \n                Inspector General of any agency involved shall, insofar \n                as is practicable and not in contravention of any \n                statutory restriction or regulation of the agency from \n                which the information is requested, furnish to the \n                Administrator, or to an authorized designee, such \n                information or assistance.\n                    ``(C) Reports of inspectors general.--The inspector \n                general of each agency shall provide copies of all \n                reports issued by that inspector general to the \n                Administrator in a timely manner, and may provide the \n                Administrator at any time with information the \n                inspector general believes relevant to the performance \n                of the Administrator's duties.\n                    ``(D) Details of employees.--Upon request of the \n                Administrator, the head of any agency shall, to the \n                extent reasonably practicable, and on a reimbursable \n                basis, detail personnel of that agency to the Office of \n                Regulatory Integrity to assist it in carrying out its \n                duties under this section.\n                    ``(E) Reports to heads of agencies.--Whenever \n                information or assistance requested under paragraph (1) \n                is, in the judgment of the Administrator, unreasonably \n                refused or not provided, the Administrator shall report \n                the circumstances to the head of the agency involved \n                without delay.\n            ``(3) Limitation on authority.--Except as provided in \n        paragraphs (1) (A) and (F) and (2) (A), (B), and (D), the \n        Administrator may not control or direct any law enforcement \n        agency, including the Department of Justice, in the exercise of \n        the Administrator's investigative authority.\n    ``(e) Consultation With Government Accountability Office.--\n            ``(1) In general.--The Administrator may consult with the \n        Government Accountability Office as to the scope and focus of \n        an investigation.\n            ``(2) Comments by the government accountability office.--\n        Unless the Administrator determines that the public interest \n        requires immediate release, the Administrator shall--\n                    ``(A) provide a copy of a report to the Government \n                Accountability Office not less than 30 days before the \n                completion of a report by the Administrator; and\n                    ``(B) include the comments of the Government \n                Accountability Office as addenda to the report upon \n                release.\n            ``(3) Availability of reports.--Subject to the restrictions \n        under subsection (g), the Administrator shall make all reports \n        available to the Government Accountability Office.\n            ``(4) Comments by government accountability office.--Not \n        later than 60 days after receipt of a report from the \n        Administrator, the Government Accountability Office shall \n        publish written comments on the methodology and conclusions of \n        the report.\n            ``(5) Further investigations by administrator.--Upon \n        request for further investigation by the Government \n        Accountability Office, the Administrator shall--\n                    ``(A) perform the requested investigation as \n                promptly as reasonably feasible; or\n                    ``(B) provide the Government Accountability Office \n                with a written explanation why the Administrator has \n                chosen not to pursue further investigation.\n            ``(6) Further investigations by the government \n        accountability office.--Except as otherwise proscribed by law, \n        the Government Accountability Office may perform any further \n        investigation it determines appropriate.\n    ``(f) Consultation With Administrative Conference of the United \nStates.--\n            ``(1) In general.--Not later than 180 days after the date \n        of enactment of the Regulatory Capture Prevention Act of 2011, \n        the Administrative Conference of the United States shall \n        provide the Administrator with written guidance on--\n                    ``(A) the principal means by which concentrated \n                economic interests wield influence across the Federal \n                agencies;\n                    ``(B) the most salient threats to regulatory \n                integrity arising from that influence; and\n                    ``(C) effective measures to minimize regulatory \n                capture.\n            ``(2) Guidance.--On a continuing basis, the Administrator \n        shall develop, in consultation with the Administrative \n        Conference of the United States, written guidance describing \n        the most pervasive threats to regulatory integrity and the \n        factors that primarily inform the exercise of the \n        Administrator's investigatory discretion.\n            ``(3) Comments.--The Administrative Conference of the \n        United States shall, to the extent it determines appropriate, \n        comment upon reports issued by the Administrator.\n    ``(g) Reports to Congress; Public Release.--\n            ``(1) In general.--Not later than 30 days after completion \n        of each report, the Administrator shall submit that report to \n        the relevant committees of Congress. The relevant committees of \n        Congress shall hold hearings on the report as the committees \n        determine appropriate.\n            ``(2) Annual reports.--\n                    ``(A) In general.--Not later than April 30 of each \n                year, the Administrator shall prepare and provide to \n                the relevant committees of Congress an annual report \n                summarizing the activities of the Office of Regulatory \n                Integrity during the immediately preceding 12-month \n                period ending March 31.\n                    ``(B) Contents.--Reports under this paragraph shall \n                include--\n                            ``(i) a description of significant \n                        problems, abuses, and deficiencies relating to \n                        the undue influence in agencies of concentrated \n                        economic interests during the reporting period;\n                            ``(ii) a description of the recommendations \n                        for corrective action made by the Office of \n                        Regulatory Integrity during the reporting \n                        period with respect to significant problems, \n                        abuses, or deficiencies identified under clause \n                        (i);\n                            ``(iii) an identification of each \n                        significant recommendation described in \n                        previous semiannual reports on which corrective \n                        action has not been completed;\n                            ``(iv) a summary of each report issued by \n                        the Office of Regulatory Integrity; and\n                            ``(v) a financial report for the Office of \n                        Regulatory Integrity.\n            ``(3) Public disclosure.--\n                    ``(A) In general.--Not later than 30 days after the \n                transmission of the annual report to the Congress, the \n                Administrator shall make copies of such report \n                available on a publicly available Internet website.\n                    ``(B) Limitations on disclosures.--Nothing in this \n                paragraph shall be construed to authorize the public \n                disclosure of information which is--\n                            ``(i) specifically prohibited from \n                        disclosure by any other provision of law;\n                            ``(ii) specifically required by Executive \n                        order to be protected from disclosure in the \n                        interest of national defense or national \n                        security or in the conduct of foreign affairs; \n                        or\n                            ``(iii) a part of an ongoing criminal \n                        investigation.\n                    ``(C) Information in public record.--\n                Notwithstanding subparagraph (B), any report under this \n                subsection may be disclosed to the public in a form \n                which includes information with respect to a part of an \n                ongoing criminal investigation if such information has \n                been included in a public record.\n                    ``(D) No withholding of information from \n                congress.--Nothing in this section shall be construed \n                to authorize or permit the withholding of information \n                from the Congress, or from any committee or \n                subcommittee thereof, except as otherwise authorized by \n                law.\n    ``(h) Authorization of Appropriations.--There are authorized to be \nappropriated for each fiscal year such sums as may be necessary to \ncarry out this section.''.\n    (b) Technical and Conforming Amendment.--The table of sections for \nchapter 5 of title 31, United States Code, is amended by inserting \nafter the item relating to section 507 the following:\n\n``Sec. 508. Office of Regulatory Integrity.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n    The amendments made by section 2 shall take effect 90 days after \nthe date of enactment of this Act.","title":""}
+{"_id":"c365","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Regulatory Integrity Act of 2016''.\n\nSEC. 2. PUBLICATION OF INFORMATION RELATING TO PENDING REGULATORY \n              ACTIONS.\n\n    (a) Amendment.--Chapter 3 of title 5, United States Code, is \namended by inserting after section 306 the following new section:\n``Sec. 307. Information regarding pending agency regulatory action\n    ``(a) Definitions.--In this section:\n            ``(1) Agency regulatory action.--The term `agency \n        regulatory action' means guidance, policy statement, directive, \n        rule making, or adjudication issued by an Executive agency.\n            ``(2) Aggrandizement.--The term `aggrandizement' means--\n                    ``(A) any communication emphasizing the importance \n                of the Executive agency or agency regulatory action \n                that does not have the clear purpose of informing the \n                public of the substance or status of the Executive \n                agency or agency regulatory action; or\n                    ``(B) any communication that is puffery.\n            ``(3) Public communication.--The term `public \n        communication'--\n                    ``(A) means any method (including written, oral, or \n                electronic) of disseminating information to the public, \n                including an agency statement (written or verbal), \n                blog, video, audio recording, or other social media \n                message; and\n                    ``(B) does not include a notice published in the \n                Federal Register pursuant to section 553 or any \n                requirement to publish pursuant to this section.\n            ``(4) Rule making.--The term `rule making' has the meaning \n        given that term under section 551.\n    ``(b) Information To Be Posted Online.--\n            ``(1) Requirement.--The head of each Executive agency shall \n        make publicly available in a searchable format in a prominent \n        location either on the website of the Executive agency or in \n        the rule making docket on Regulations.gov the following \n        information:\n                    ``(A) Pending agency regulatory action.--A list of \n                each pending agency regulatory action and with regard \n                to each such action--\n                            ``(i) the date on which the Executive \n                        agency first began to develop or consider the \n                        agency regulatory action;\n                            ``(ii) the status of the agency regulatory \n                        action;\n                            ``(iii) an estimate of the date of upon \n                        which the agency regulatory action will be \n                        final and in effect;\n                            ``(iv) a brief description of the agency \n                        regulatory action;\n                            ``(v) if applicable, a list of agency \n                        regulatory actions issued by the Executive \n                        agency, or any other Executive agency, that \n                        duplicate or overlap with the agency regulatory \n                        action; and\n                            ``(vi) if a regulatory impact analysis or \n                        similar cost-benefit analysis has been \n                        conducted, the findings of such analysis, \n                        including any data or formula used for purposes \n                        of such analysis.\n                    ``(B) Public communication.--For each pending \n                agency regulatory action, a list of each public \n                communication about the pending agency regulatory \n                action issued by the Executive agency and with regard \n                to each such communication--\n                            ``(i) the date of the communication;\n                            ``(ii) the intended audience of the \n                        communication;\n                            ``(iii) the method of communication; and\n                            ``(iv) a copy of the original \n                        communication.\n            ``(2) Period.--The head of each Executive agency shall \n        publish the information required under paragraph (1)(A) not \n        later than 24 hours after a public communication relating to a \n        pending agency regulatory action is issued and shall maintain \n        the public availability of such information not less than 5 \n        years after the date on which the pending agency regulatory \n        action is finalized.\n    ``(c) Requirements for Public Communications.--Any public \ncommunication issued by an Executive agency that refers to a pending \nagency regulatory action--\n            ``(1) shall specify whether the Executive agency is \n        considering alternatives, including alternatives that may \n        conflict with the intent, objective, or methodology of such \n        agency regulatory action;\n            ``(2) shall specify whether the Executive agency is \n        accepting or will be accepting comments;\n            ``(3) shall expressly disclose that the Executive agency is \n        the source of the information to the intended recipients; and\n            ``(4) may not--\n                    ``(A) solicit support for or promote the pending \n                agency regulatory action;\n                    ``(B) be sent through the private email account of \n                an officer or employee of the Executive agency; or\n                    ``(C) include statements of aggrandizement for the \n                Executive agency, any Federal employee, or the pending \n                agency regulatory action.\n    ``(d) Reporting.--\n            ``(1) In general.--Not later than January 15 of each year, \n        the head of an Executive agency that communicated about a \n        pending agency regulatory action during the previous fiscal \n        year shall submit to each committee of Congress with \n        jurisdiction over the activities of the Executive agency a \n        report indicating--\n                    ``(A) the number pending agency regulatory actions \n                the Executive agency issued public communications about \n                during that fiscal year;\n                    ``(B) the average number of public communications \n                issued by the Executive agency for each pending agency \n                regulatory action during that fiscal year;\n                    ``(C) the 5 pending agency regulatory actions with \n                the highest number of public communications issued by \n                the Executive agency in that fiscal year; and\n                    ``(D) a copy of each public communication for the \n                pending agency regulatory actions identified in \n                subparagraph (C).\n            ``(2) Availability of reports.--The head of an Executive \n        agency that is required to submit a report under paragraph (1) \n        shall make the report publicly available in a searchable format \n        in a prominent location on the website of the Executive \n        agency.''.\n    (b) Technical and Conforming Amendment.--The table of sections for \nchapter 3 of title 5, United States\n\n\n              \n\n Code, is amended by adding after the item relating to section 306 the \nfollowing new item:\n\n``307. Information regarding pending agency regulatory action.''.\n\n            Passed the House of Representatives September 14, 2016.\n\n            Attest:\n\n                                                 KAREN L. HAAS,\n\n                                                                 Clerk.","title":""}
+{"_id":"c366","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Reinvigorating Antibiotic and \nDiagnostic Innovation Act of 2015''.\n\nSEC. 2. CLINICAL TESTING EXPENSES FOR QUALIFIED INFECTIOUS DISEASE \n              PRODUCTS.\n\n    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by adding at the end \nthe following new section:\n\n``SEC. 45S. CLINICAL TESTING EXPENSES FOR QUALIFIED INFECTIOUS DISEASE \n              PRODUCTS.\n\n    ``(a) General Rule.--For purposes of section 38, the qualified \ninfectious disease product credit determined under this section for the \ntaxable year is an amount equal to 50 percent of the qualified clinical \ntesting expenses for the taxable year.\n    ``(b) Qualified Clinical Testing Expenses.--For purposes of this \nsection--\n            ``(1) Qualified clinical testing expenses.--\n                    ``(A) In general.--Except as otherwise provided in \n                this paragraph, the term `qualified clinical testing \n                expenses' means the amounts which are paid or incurred \n                by the taxpayer during the taxable year which would be \n                described in subsection (b) of section 41 if such \n                subsection were applied with the modifications set \n                forth in subparagraph (B).\n                    ``(B) Modifications.--For purposes of subparagraph \n                (A), subsection (b) of section 41 shall be applied--\n                            ``(i) by substituting `clinical testing' \n                        for `qualified research' each place it appears \n                        in paragraphs (2) and (3) of such subsection, \n                        and\n                            ``(ii) by substituting `100 percent' for \n                        `65 percent' in paragraph (3)(A) of such \n                        subsection.\n                    ``(C) Exclusion for amounts funded by grants, \n                etc.--The term `qualified clinical testing expenses' \n                shall not include any amount to the extent such amount \n                is funded by any grant, contract, or otherwise by \n                another person (or any governmental entity).\n                    ``(D) Special rule.--For purposes of this \n                paragraph, section 41 shall be deemed to remain in \n                effect for periods after enactment of this section.\n            ``(2) Clinical testing.--\n                    ``(A) In general.--The term `clinical testing' \n                means any human clinical testing--\n                            ``(i) which is carried out under an \n                        exemption for a drug being tested as an \n                        antibiotic or antifungal drug under section \n                        505(i) of the Federal Food, Drug, and Cosmetic \n                        Act (or regulations issued under such section),\n                            ``(ii) which occurs before the date on \n                        which an application with respect to such drug \n                        is approved under section 505(b) of such Act \n                        or, if the drug is a biological product, before \n                        the date on which a license for such drug is \n                        issued under section 351 of the Public Health \n                        Service Act, and\n                            ``(iii) which is conducted by or on behalf \n                        of the taxpayer to whom exemption under section \n                        505(i) of such Act is granted.\n                    ``(B) Testing must be related to use as qualified \n                infectious disease product.--Human clinical testing \n                shall be taken into account under subparagraph (A) only \n                to the extent such testing is related to the use of the \n                drug as a qualified infectious disease product.\n    ``(c) Coordination With Credit for Increasing Research \nExpenditures.--\n            ``(1) In general.--Except as provided in paragraph (2), any \n        qualified clinical testing expenses for a taxable year to which \n        an election under this section applies shall not be taken into \n        account for purposes of determining the credit allowable under \n        section 41 for such taxable year.\n            ``(2) Expenses included in determining base period research \n        expenses.--Any qualified clinical testing expenses for any \n        taxable year which are qualified research expenses (within the \n        meaning of section 41(b)) shall be taken into account in \n        determining base period research expenses for purposes of \n        applying section 41 to subsequent taxable years.\n    ``(d) Definitions and Special Rules.--\n            ``(1) Qualified infectious disease product.--For purposes \n        of this section, the term `qualified infectious disease \n        product' means any drug or biological product for human use \n        that--\n                    ``(A) is intended to treat a serious or life-\n                threatening infection, including those caused by--\n                            ``(i) an antibacterial or antifungal \n                        resistant pathogen (including novel or emerging \n                        infectious pathogens), or\n                            ``(ii) qualifying pathogens listed by the \n                        Secretary of Health and Human Services under \n                        section 505E(f) of the Federal Food, Drug, and \n                        Cosmetic Act (21 U.S.C. 351 et seq.), and\n                    ``(B) is intended to treat an infection for which \n                there is an unmet medical need as defined by the \n                Secretary of Health and Human Services.\n            ``(2) Special limitation on foreign testing.--\n                    ``(A) In general.--No credit shall be allowed under \n                this section with respect to any clinical testing \n                conducted outside the United States unless--\n                            ``(i) such testing is conducted outside the \n                        United States because there is an insufficient \n                        testing population in the United States, and\n                            ``(ii) such testing is conducted by a \n                        United States person or by any other person who \n                        is not related to the taxpayer to whom \n                        exemption under section 505(i) of the Federal \n                        Food, Drug, and Cosmetic Act is granted.\n                    ``(B) Insufficient testing population.--For \n                purposes of this section, the testing population in the \n                United States is insufficient if there are not within \n                the United States the number of available and \n                appropriate human subjects needed to produce reliable \n                and timely data from the clinical investigation.\n            ``(3) Certain rules made applicable.--Rules similar to the \n        rules of paragraphs (1) and (2) of section 41(f) shall apply \n        for purposes of this section.\n            ``(4) Election.--This section shall apply to any taxpayer \n        for any taxable year only if such taxpayer elects (at such time \n        and in such manner as the Secretary may by regulations \n        prescribe) to have this section apply for such taxable year.\n    ``(e) Transferability.--\n            ``(1) In general.--Any taxpayer holding a credit under this \n        section may transfer for valuable consideration unused but \n        otherwise allowable credit for use by a qualified \n        pharmaceutical research taxpayer. A taxpayer that transfers any \n        amount of credit under this section shall file a notification \n        of such transfer to the Secretary in accordance with procedures \n        and forms prescribed by the Secretary.\n            ``(2) Use of transferred credit.--Any qualified \n        pharmaceutical research taxpayer that receives credit that has \n        been transferred shall use such credit for the taxable year in \n        which the transfer occurred. Any unused amounts of such credit \n        may be carried back or forward to other taxable years in \n        accordance with section 39.\n            ``(3) Definition of qualified pharmaceutical research \n        taxpayer.--For purposes of this section, the term `qualified \n        pharmaceutical research taxpayer' means any domestic \n        corporation the primary mission of which is pharmaceutical \n        research or development.''.\n    (b) Made Part of Business Credit.--Section 38(b) of such Code is \namended by striking ``plus'' at the end of paragraph (35), by striking \nthe period at the end of paragraph (36) and inserting ``, plus'', and \nby adding at the end the following new paragraph:\n            ``(37) the qualified infectious disease product credit \n        determined under section 45S(a).''.\n    (c) Clerical Amendments.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code is amended by adding \nat the end the following new item:\n\n``45S. Clinical testing expenses for qualified infectious disease \n                            products.''.\n    (d) Effective Date.--The amendment made by this section shall apply \nto amounts paid or incurred after the date of the enactment of this \nAct.\n\nSEC. 3. CLINICAL TESTING EXPENSES FOR RAPID INFECTIOUS DISEASES \n              DIAGNOSTIC TESTS.\n\n    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986, as amended by section 2, is \namended by adding at the end the following new section:\n\n``SEC. 45T. CLINICAL TESTING EXPENSES FOR RAPID INFECTIOUS DISEASES \n              DIAGNOSTIC TESTS.\n\n    ``(a) General Rule.--For purposes of section 38, the credit \ndetermined under this section for the taxable year is an amount equal \nto 50 percent of the qualified clinical testing expenses for the \ntaxable year.\n    ``(b) Qualified Clinical Testing Expenses.--For purposes of this \nsection--\n            ``(1) Qualified clinical testing expenses.--\n                    ``(A) In general.--Except as otherwise provided in \n                this paragraph, the term `qualified clinical testing \n                expenses' means the amounts which are paid or incurred \n                by the taxpayer during the taxable year which would be \n                described in subsection (b) of section 41 if such \n                subsection were applied with the modifications set \n                forth in subparagraph (B).\n                    ``(B) Modifications.--For purposes of subparagraph \n                (A), subsection (b) of section 41 shall be applied--\n                            ``(i) by substituting `clinical testing' \n                        for `qualified research' each place it appears \n                        in paragraphs (2) and (3) of such subsection, \n                        and\n                            ``(ii) by substituting `100 percent' for \n                        `65 percent' in paragraph (3)(A) of such \n                        subsection.\n                    ``(C) Exclusion for amounts funded by grants, \n                etc.--The term `qualified clinical testing expenses' \n                shall not include any amount to the extent such amount \n                is funded by any grant, contract, or otherwise by \n                another person (or any governmental entity).\n                    ``(D) Special rule.--For purposes of this \n                paragraph, section 41 shall be deemed to remain in \n                effect for periods after enactment of this section.\n            ``(2) Clinical testing.--\n                    ``(A) In general.--The term `clinical testing' \n                means any human clinical testing--\n                            ``(i) which is carried out under an \n                        exemption for a device being tested under \n                        section 520(g) of the Federal Food, Drug, and \n                        Cosmetic Act (or regulations issued under such \n                        section),\n                            ``(ii) which is related only to such use as \n                        a qualified rapid infectious diseases \n                        diagnostic test,\n                            ``(iii) which occurs before the date on \n                        which an application with respect to such \n                        device receives premarket approval, if \n                        required, under section 515 of such Act, or \n                        receives clearance, if required, under section \n                        510(k) of such Act, and\n                            ``(iv) which is conducted by or on behalf \n                        of the taxpayer to whom the exemption under \n                        section 520(g) of such Act was granted.\n    ``(c) Coordination With Credit for Increasing Research \nExpenditures.--\n            ``(1) In general.--Except as provided in paragraph (2), any \n        qualified clinical testing expenses for a taxable year to which \n        an election under this section applies shall not be taken into \n        account for purposes of determining the credit allowable under \n        section 41 for such taxable year.\n            ``(2) Expenses included in determining base period research \n        expenses.--Any qualified clinical testing expenses for any \n        taxable year which are qualified research expenses (within the \n        meaning of section 41(b)) shall be taken into account in \n        determining base period research expenses for purposes of \n        applying section 41 to subsequent taxable years.\n    ``(d) Definitions and Special Rules.--\n            ``(1) Qualified rapid infectious diseases diagnostic \n        test.--For purposes of this section, the term `qualified rapid \n        infectious diseases diagnostic test' means an in-vitro \n        diagnostic (IVD) device that provides results in less than four \n        hours and that is used to identify or detect the presence, \n        concentration, or characteristics of a serious or life-\n        threatening infection, including those caused by (1) an \n        antibacterial or antifungal resistant pathogen, including novel \n        or emerging infectious pathogens or (2) qualifying pathogens \n        listed by the Secretary of Health and Human Services under \n        Chapter V (21 U.S.C. 351 et seq.) section 505E(f).\n            ``(2) Special limitation on foreign testing.--\n                    ``(A) In general.--No credit shall be allowed under \n                this section with respect to any clinical testing \n                conducted outside the United States unless--\n                            ``(i) such testing is conducted outside the \n                        United States because there is an insufficient \n                        testing population in the United States, and\n                            ``(ii) such testing is conducted by a \n                        United States person or by any other person who \n                        is not related to the taxpayer to whom the \n                        exemption under section 520(g) of Federal Food, \n                        Drug, and Cosmetic Act was granted.\n                    ``(B) Insufficient testing population.--For \n                purposes of this section, the testing population in the \n                United States is insufficient if there are not within \n                the United States the number of available and \n                appropriate human subjects needed to produce reliable \n                and timely data from the clinical investigation.\n            ``(3) Certain rules made applicable.--Rules similar to the \n        rules of paragraphs (1) and (2) of section 41(f) shall apply \n        for purposes of this section.\n            ``(4) Election.--This section shall apply to any taxpayer \n        for any taxable year only if such taxpayer elects (at such time \n        and in such manner as the Secretary may by regulations \n        prescribe) to have this section apply for such taxable year.\n    ``(e) Transferability.--\n            ``(1) In general.--Any taxpayer holding a credit under this \n        section may transfer for valuable consideration unused but \n        otherwise allowable credit for use by a qualified diagnostics \n        research taxpayer. A taxpayer that transfers any amount of \n        credit under this section shall file a notification of such \n        transfer to the Secretary in accordance with procedures and \n        forms prescribed by the Secretary.\n            ``(2) Use of transferred credit.--Any qualified diagnostics \n        research taxpayer that receives credit that has been \n        transferred shall use such credit for the taxable year in which \n        the transfer occurred. Any unused amounts of such credit may be \n        carried back or forward to other taxable years in accordance \n        with section 39.\n            ``(3) Definition of qualified diagnostics research \n        taxpayer.--For purposes of this section, the term `qualified \n        diagnostics research taxpayer' means any domestic corporation \n        that derives--\n                    ``(A) any gross income from research or development \n                on diagnostic tests used to identify or detect the \n                presence, concentration or characteristics of a serious \n                or life-threatening infectious disease or pathogen; or\n                    ``(B) any gross income from research or development \n                on qualified infectious disease products within the \n                meaning given to such term in section 505E(g) of the \n                Federal, Food, Drug, and Cosmetic Act; or\n                    ``(C) more than 50 percent of its gross income from \n                activities related to health care.''.\n    (b) Made Part of Business Credit.--Section 38(b) of such Code, as \namended by section 2, is amended by striking ``plus'' at the end of \nparagraph (36), by striking the period at the end of paragraph (37) and \ninserting ``, plus'', and by adding at the end the following new \nparagraph:\n            ``(38) the credit determined under section 45T(a).''.\n    (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of such Code, as amended by \nsection 2, is amended by adding at the end the following new item:\n\n``Sec. 45T. Clinical testing expenses for rapid infectious diseases \n                            diagnostic tests.''.\n    (d) Effective Date.--The amendment made by this section shall apply \nto amounts paid or incurred after the date of the enactment of this \nAct.","title":""}
+{"_id":"c367","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Religious Land Use and \nInstitutionalized Persons Act of 2000''.\n\nSEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE.\n\n    (a) Substantial Burdens.--\n            (1) General rule.--No government shall impose or implement \n        a land use regulation in a manner that imposes a substantial \n        burden on the religious exercise of a person, including a \n        religious assembly or institution, unless the government \n        demonstrates that imposition of the burden on that person, \n        assembly, or institution--\n                    (A) is in furtherance of a compelling governmental \n                interest; and\n                    (B) is the least restrictive means of furthering \n                that compelling governmental interest.\n            (2) Scope of application.--This subsection applies in any \n        case in which--\n                    (A) the substantial burden is imposed in a program \n                or activity that receives Federal financial assistance, \n                even if the burden results from a rule of general \n                applicability;\n                    (B) the substantial burden affects, or removal of \n                that substantial burden would affect, commerce with \n                foreign nations, among the several States, or with \n                Indian tribes, even if the burden results from a rule \n                of general applicability; or\n                    (C) the substantial burden is imposed in the \n                implementation of a land use regulation or system of \n                land use regulations, under which a government makes, \n                or has in place formal or informal procedures or \n                practices that permit the government to make, \n                individualized assessments of the proposed uses for the \n                property involved.\n    (b) Discrimination and Exclusion.--\n            (1) Equal terms.--No government shall impose or implement a \n        land use regulation in a manner that treats a religious \n        assembly or institution on less than equal terms with a \n        nonreligious assembly or institution.\n            (2) Nondiscrimination.--No government shall impose or \n        implement a land use regulation that discriminates against any \n        assembly or institution on the basis of religion or religious \n        denomination.\n            (3) Exclusions and limits.--No government shall impose or \n        implement a land use regulation that--\n                    (A) totally excludes religious assemblies from a \n                jurisdiction; or\n                    (B) unreasonably limits religious assemblies, \n                institutions, or structures within a jurisdiction.\n\nSEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS.\n\n    (a) General Rule.--No government shall impose a substantial burden \non the religious exercise of a person residing in or confined to an \ninstitution, as defined in section 2 of the Civil Rights of \nInstitutionalized Persons Act (42 U.S.C. 1997), even if the burden \nresults from a rule of general applicability, unless the government \ndemonstrates that imposition of the burden on that person--\n            (1) is in furtherance of a compelling governmental \n        interest; and\n            (2) is the least restrictive means of furthering that \n        compelling governmental interest.\n    (b) Scope of Application.--This section applies in any case in \nwhich--\n            (1) the substantial burden is imposed in a program or \n        activity that receives Federal financial assistance; or\n            (2) the substantial burden affects, or removal of that \n        substantial burden would affect, commerce with foreign nations, \n        among the several States, or with Indian tribes.\n\nSEC. 4. JUDICIAL RELIEF.\n\n    (a) Cause of Action.--A person may assert a violation of this Act \nas a claim or defense in a judicial proceeding and obtain appropriate \nrelief against a government. Standing to assert a claim or defense \nunder this section shall be governed by the general rules of standing \nunder article III of the Constitution.\n    (b) Burden of Persuasion.--If a plaintiff produces prima facie \nevidence to support a claim alleging a violation of the Free Exercise \nClause or a violation of section 2, the government shall bear the \nburden of persuasion on any element of the claim, except that the \nplaintiff shall bear the burden of persuasion on whether the law \n(including a regulation) or government practice that is challenged by \nthe claim substantially burdens the plaintiff's exercise of religion.\n    (c) Full Faith and Credit.--Adjudication of a claim of a violation \nof section 2 in a non-Federal forum shall not be entitled to full faith \nand credit in a Federal court unless the claimant had a full and fair \nadjudication of that claim in the non-Federal forum.\n    (d) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 \nU.S.C. 1988(b)) is amended--\n            (1) by inserting ``the Religious Land Use and \n        Institutionalized Persons Act of 2000,'' after ``Religious \n        Freedom Restoration Act of 1993,''; and\n            (2) by striking the comma that follows a comma.\n    (e) Prisoners.--Nothing in this Act shall be construed to amend or \nrepeal the Prison Litigation Reform Act of 1995 (including provisions \nof law amended by that Act).\n    (f) Authority of United States To Enforce This Act.--The United \nStates may bring an action for injunctive or declaratory relief to \nenforce compliance with this Act. Nothing in this subsection shall be \nconstrued to deny, impair, or otherwise affect any right or authority \nof the Attorney General, the United States, or any agency, officer, or \nemployee of the United States, acting under any law other than this \nsubsection, to institute or intervene in any proceeding.\n    (g) Limitation.--If the only jurisdictional basis for applying a \nprovision of this Act is a claim that a substantial burden by a \ngovernment on religious exercise affects, or that removal of that \nsubstantial burden would affect, commerce with foreign nations, among \nthe several States, or with Indian tribes, the provision shall not \napply if the government demonstrates that all substantial burdens on, \nor the removal of all substantial burdens from, similar religious \nexercise throughout the Nation would not lead in the aggregate to a \nsubstantial effect on commerce with foreign nations, among the several \nStates, or with Indian tribes.\n\nSEC. 5. RULES OF CONSTRUCTION.\n\n    (a) Religious Belief Unaffected.--Nothing in this Act shall be \nconstrued to authorize any government to burden any religious belief.\n    (b) Religious Exercise Not Regulated.--Nothing in this Act shall \ncreate any basis for restricting or burdening religious exercise or for \nclaims against a religious organization, including any religiously \naffiliated school or university, not acting under color of law.\n    (c) Claims to Funding Unaffected.--Nothing in this Act shall create \nor preclude a right of any religious organization to receive funding or \nother assistance from a government, or of any person to receive \ngovernment funding for a religious activity, but this Act may require a \ngovernment to incur expenses in its own operations to avoid imposing a \nsubstantial burden on religious exercise.\n    (d) Other Authority To Impose Conditions on Funding Unaffected.--\nNothing in this Act shall--\n            (1) authorize a government to regulate or affect, directly \n        or indirectly, the activities or policies of a person other \n        than a government as a condition of receiving funding or other \n        assistance; or\n            (2) restrict any authority that may exist under other law \n        to so regulate or affect, except as provided in this Act.\n    (e) Governmental Discretion in Alleviating Burdens on Religious \nExercise.--A government may avoid the preemptive force of any provision \nof this Act by changing the policy or practice that results in a \nsubstantial burden on religious exercise, by retaining the policy or \npractice and exempting the substantially burdened religious exercise, \nby providing exemptions from the policy or practice for applications \nthat substantially burden religious exercise, or by any other means \nthat eliminates the substantial burden.\n    (f) Effect on Other Law.--With respect to a claim brought under \nthis Act, proof that a substantial burden on a person's religious \nexercise affects, or removal of that burden would affect, commerce with \nforeign nations, among the several States, or with Indian tribes, shall \nnot establish any inference or presumption that Congress intends that \nany religious exercise is, or is not, subject to any law other than \nthis Act.\n    (g) Broad Construction.--This Act shall be construed in favor of a \nbroad protection of religious exercise, to the maximum extent permitted \nby the terms of this Act and the Constitution.\n    (h) No Preemption or Repeal.--Nothing in this Act shall be \nconstrued to preempt State law, or repeal Federal law, that is equally \nas protective of religious exercise as, or more protective of religious \nexercise than, this Act.\n    (i) Severability.--If any provision of this Act or of an amendment \nmade by this Act, or any application of such provision to any person or \ncircumstance, is held to be unconstitutional, the remainder of this \nAct, the amendments made by this Act, and the application of the \nprovision to any other person or circumstance shall not be affected.\n\nSEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.\n\n    Nothing in this Act shall be construed to affect, interpret, or in \nany way address that portion of the first amendment to the Constitution \nprohibiting laws respecting an establishment of religion (referred to \nin this section as the ``Establishment Clause''). Granting government \nfunding, benefits, or exemptions, to the extent permissible under the \nEstablishment Clause, shall not constitute a violation of this Act. In \nthis section, the term ``granting'', used with respect to government \nfunding, benefits, or exemptions, does not include the denial of \ngovernment funding, benefits, or exemptions.\n\nSEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.\n\n    (a) Definitions.--Section 5 of the Religious Freedom Restoration \nAct of 1993 (42 U.S.C. 2000bb-2) is amended--\n            (1) in paragraph (1), by striking ``a State, or a \n        subdivision of a State'' and inserting ``or of a covered \n        entity'';\n            (2) in paragraph (2), by striking ``term'' and all that \n        follows through ``includes'' and inserting ``term `covered \n        entity' means''; and\n            (3) in paragraph (4), by striking all after ``means'' and \n        inserting ``religious exercise, as defined in section 8 of the \n        Religious Land Use and Institutionalized Persons Act of \n        2000.''.\n    (b) Conforming Amendment.--Section 6(a) of the Religious Freedom \nRestoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking \n``and State''.\n\nSEC. 8. DEFINITIONS.\n\n    In this Act:\n            (1) Claimant.--The term ``claimant'' means a person raising \n        a claim or defense under this Act.\n            (2) Demonstrates.--The term ``demonstrates'' means meets \n        the burdens of going forward with the evidence and of \n        persuasion.\n            (3) Free exercise clause.--The term ``Free Exercise \n        Clause'' means that portion of the first amendment to the \n        Constitution that proscribes laws prohibiting the free exercise \n        of religion.\n            (4) Government.--The term ``government''--\n                    (A) means--\n                            (i) a State, county, municipality, or other \n                        governmental entity created under the authority \n                        of a State;\n                            (ii) any branch, department, agency, \n                        instrumentality, or official of an entity \n                        listed in clause (i); and\n                            (iii) any other person acting under color \n                        of State law; and\n                    (B) for the purposes of sections 4(b) and 5, \n                includes the United States, a branch, department, \n                agency, instrumentality, or official of the United \n                States, and any other person acting under color of \n                Federal law.\n            (5) Land use regulation.--The term ``land use regulation'' \n        means a zoning or landmarking law, or the application of such a \n        law, that limits or restricts a claimant's use or development \n        of land (including a structure affixed to land), if the \n        claimant has an ownership, leasehold, easement, servitude, or \n        other property interest in the regulated land or a contract or \n        option to acquire such an interest.\n            (6) Program or activity.--The term ``program or activity'' \n        means all of the operations of any entity described in \n        paragraph (1) or (2) of section 606 of the Civil Rights Act of \n        1964 (42 U.S.C. 2000d-4a).\n            (7) Religious exercise.--\n                    (A) In general.--The term ``religious exercise'' \n                includes any exercise of religion, whether or not \n                compelled by, or central to, a system of religious \n                belief.\n                    (B) Rule.--The use, building, or conversion of real \n                property for the purpose of religious exercise shall be \n                considered to be religious exercise of the person or \n                entity that uses or intends to use the property for \n                that purpose.","title":""}
+{"_id":"c368","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Repatriate Our Patriots Act''.\n\nSEC. 2. DEFINITION.\n\n    In this Act, the term ``special veteran'' means an individual who \nis an alien and is described in section 101(2) of title 38, United \nStates Code, except the term--\n            (1) only includes individuals who were discharged or \n        released from the Armed Forces under honorable conditions;\n            (2) does not include individuals who have been convicted of \n        voluntary manslaughter, murder, rape, sexual abuse of a minor, \n        or any offense under chapter 113B of title 18, United States \n        Code (relating to terrorism); and\n            (3) does not include individuals who have been determined \n        to be a child abuser or a pedophile.\n\nSEC. 3. PROTECTING SPECIAL VETERANS FROM REMOVAL.\n\n    Notwithstanding any other provision of law, including section 237 \nof the Immigration and Nationality Act (8 U.S.C. 1227), a special \nveteran shall not be removed from the United States.\n\nSEC. 4. NATURALIZATION FOR SPECIAL VETERANS.\n\n    (a) In General.--Notwithstanding any other provision of law, a \nspecial veteran shall be naturalized as a citizen of the United States \nupon the filing of the appropriate application, paying the appropriate \nfees, and, except as provided in subsection (b), taking and subscribing \nbefore an officer of the Department of Homeland Security within the \nUnited States to the oath of allegiance required by section 337 of the \nImmigration and Nationality (8 U.S.C. 1448). The Secretary of Homeland \nSecurity shall take steps to ensure that the period in which an \napplication for naturalization under this section is pending does not \nexceed 90 days. The Secretary shall furnish each special veteran \nnaturalized under this section with a certificate of citizenship.\n    (b) Special Veterans Abroad.--In the case of a special veteran \nresiding abroad, the application for naturalization may be filed from \nabroad, and the oath of allegiance described in subsection (a) may be \nsubscribed to abroad at United States embassies, consulates, and, as \npracticable, United States military installations overseas pursuant to \nthe procedures available under section 1701(d) of the National Defense \nAuthorization Act for Fiscal Year 2004 (8 U.S.C. 1443a) for \nnaturalization proceedings overseas for members of the Armed Forces and \ntheir spouses and children.\n    (c) Waiver.--Consistent with section 337(a) of the Immigration and \nNationality Act (8 U.S.C. 1448(a)), the Secretary of Homeland Security \nmay waive the taking of the oath of allegiance described in subsection \n(a) by a special veteran if, in the opinion of the Secretary, the \nspecial veteran is unable to understand, or to communicate an \nunderstanding of, its meaning because of a physical or developmental \ndisability or mental impairment.\n\nSEC. 5. TREATMENT OF SPECIAL VETERANS IN REMOVAL PROCEEDINGS OR ORDERED \n              REMOVED.\n\n    In the case of a special veteran in removal proceedings on the date \nof the enactment of this Act, the Secretary of Homeland Security shall \ncancel the removal of the special veteran. In the case of a special \nveteran who was ordered removed before the date of the enactment of \nthis Act, the Attorney General shall rescind any outstanding order of \nremoval, and any finding that the special veteran is subject to removal \nor is inadmissible. In the case of a special veteran physically present \nin the United States whose status as an alien lawfully admitted for \npermanent residence was rescinded before the date of the enactment of \nthis Act, the Secretary of Homeland Security shall allow the veteran to \nadjust status to that of an alien lawfully admitted for permanent \nresidence without regard to any numerical limitation in the Immigration \nand Nationality Act (8 U.S.C. 1101 et seq.).\n\nSEC. 6. RETURN OF SPECIAL VETERANS REMOVED FROM THE UNITED STATES.\n\n    Not later than 180 days after the date of the enactment of this \nAct, the Secretary shall establish a program and application procedure \nto permit special veterans removed from the United States before the \ndate of the enactment of this Act to enter the United States as an \nalien lawfully admitted for permanent residence without regard to any \nnumerical limitation in the Immigration and Nationality Act (8 U.S.C. \n1101 et seq.).\n\nSEC. 7. ACCESS TO MILITARY BENEFITS.\n\n    A special veteran who has been naturalized or has obtained the \nstatus of an alien lawfully admitted for permanent residence pursuant \nto this Act shall be eligible for all military and veterans benefits \nfor which the special veteran would have been eligible if the special \nveteran had never been ordered removed, been removed, or voluntarily \ndeparted, from the United States.\n\nSEC. 8. IDENTIFICATION OF SPECIAL VETERANS.\n\n    (a) Identification.--The Secretary of Homeland Security shall \nidentify immigration cases involving special veterans by--\n            (1) inquiring of every alien processed prior to initiating \n        removal proceedings whether the alien is a special veteran; and\n            (2) keeping records of special veterans who have been \n        detained under the immigration laws, had removal proceedings \n        against them initiated before the date of the enactment of this \n        Act, or been removed before such date.\n    (b) Record Annotation.--When the Secretary has identified a case \nunder subsection (a), the Secretary shall annotate all immigration and \nnaturalization records of the Department of Homeland Security relating \nto the special veteran involved so as to reflect that identification \nand afford an opportunity to track the outcomes for the veteran. Such \nannotation shall include--\n            (1) the veteran's branch of military service;\n            (2) whether or not the veteran served during a period of \n        military hostilities described in section 329 of the \n        Immigration and Nationality Act (8 U.S.C. 1440); and\n            (3) the veteran's immigration status at the time of \n        enlistment.","title":""}
+{"_id":"c369","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Respirator Access Assurance Act of \n2005''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) Each year millions of workers, responders, and citizens \n        in the United States and around the world depend on the \n        availability of respirators made in the United States for \n        protection against exposure to hazardous materials and in the \n        event of terrorist incidents, airborne disease epidemics, and \n        other disasters.\n            (2) Respirators are tested, and the design and labeling of \n        respirators is regulated by an independent Federal agency, the \n        National Institute for Occupational Safety and Health, which is \n        part of the Centers for Disease Control and Prevention. NIOSH \n        establishes the performance standards for respirators, \n        independently tests and certifies that respirators meet its \n        standards, and performs follow-up field audits of respirators \n        to ensure continued compliance with NIOSH performance \n        standards. Prior to the establishment of NIOSH, respirators \n        were approved by the United States Bureau of Mines.\n            (3) Respirator manufacturers and sellers do not and cannot \n        control or determine the manner in which their products are \n        used.\n            (4) Manufacturers and sellers of respirators designed and \n        labeled in compliance with NIOSH requirements have been named \n        as defendants in a substantial number of product liability \n        claims alleging that these NIOSH-approved designs and warnings \n        are defective.\n            (5) Respirators are sold in and have an effect on \n        interstate commerce.\n            (6) Manufacturers of respirators may cease making such \n        products, in principal part because of the costs of litigation.\n            (7) A continued United States capacity to manufacture and \n        distribute respirators is necessary to assure that these \n        products remain available. Lack of availability of respirators \n        will increase risks to the health of millions of American \n        workers and emergency responders.\n            (8) The protections set forth in this Act are needed to \n        assure the continued commercial availability of lifesaving \n        respirators.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Manufacturer.--The term ``Manufacturer'' means any \n        person who, in the course of a business conducted for that \n        purpose, designs, makes, produces, packages, or labels any \n        respirator or component part of a respirator, or engages \n        another to do so.\n            (2) NIOSH.--The term ``NIOSH'' means the National Institute \n        for Occupational Safety and Health.\n            (3) NIOSH approval.--The term ``NIOSH approval'' means a \n        certificate or formal document issued by NIOSH stating that an \n        individual respirator or combination of respirators has met the \n        minimum requirements of part 84 of title 42, Code of Federal \n        Regulations, or part 11 of title 30, Code of Federal \n        Regulations, and that the manufacturer is authorized to use and \n        attach an approval label to any respirator manufactured in \n        conformance with the plans and specifications upon which the \n        approval was based. For purposes of this Act, NIOSH approval \n        shall also mean certification or approval by any Federal \n        Government agency with authority to approve respirators, \n        including the United States Bureau of Mines and the Mine Safety \n        and Health Administration.\n            (4) Respirator.--The term ``Respirator'' means any device, \n        including component or replacement parts for a device, designed \n        to provide the wearer with respiratory protection against \n        inhalation of a hazardous atmosphere.\n            (5) Seller.--The term ``Seller'' means a person or entity, \n        including a retailer, distributor, or wholesaler, that is \n        regularly engaged in selling respirators.\n\nSEC. 4. EFFECT OF NIOSH APPROVAL OF DESIGN AND LABELING.\n\n    (a) In General.--A manufacturer or seller of a respirator shall not \nbe subject to any claim for defective design or warning relating to a \nrespirator or any claim which is based on such an allegation if such \nrespirator has received a NIOSH approval, and such respirator is \nmanufactured in compliance with the NIOSH-approved design and labeling \nin effect on the date of manufacture. This provision shall not apply to \na respirator that fails to comply with the NIOSH-approved design and \nlabeling standards in effect on the date of manufacture.\n    (b) Withdrawal of Approval.--Subsection (a) shall not apply to a \nmanufacturer or seller of a respirator if NIOSH withdraws its approval \nfor the respirator that is the subject of the claim involved based on a \nfinding by NIOSH that the manufacturer or seller--\n            (1) withheld from or misrepresented to NIOSH material \n        information about the respirator's design or labeling and the \n        respirator otherwise would not have been approved; or\n            (2) made an illegal payment to a NIOSH official or employee \n        for the purpose of securing or maintaining approval of the \n        respirator's design or labeling.\n    (c) Statute of Limitations.--A statute of limitations that would \notherwise apply to claims to which subsection (b) applies shall not \nbegin to run until the date on which NIOSH withdraws its approval for \nthe respirator involved.\n\nSEC. 5. PREEMPTION AND STATUTORY CONSTRUCTION.\n\n    (a) Preemption.--The provisions of this Act shall supersede any and \nall State or local laws insofar as they may now or hereafter relate to \nany claim for defective design or warning relating to a respirator or \nany claim which is based on such an allegation if such respirator \ncomplied with the NIOSH-approved design and labeling in effect on the \ndate of manufacture.\n    (b) Statutory Construction.--Nothing in this Act may be construed \nto affect any defense available to a defendant under any other \nprovision of State or Federal law, or to create a cause of action or \nFederal court jurisdiction pursuant to section 1331 or 1332 of title \n28, United States Code, that otherwise would not exist under applicable \nlaw.\n\nSEC. 6. APPLICABILITY.\n\n    This Act applies to any civil action in a Federal or State court, \non the basis of any legal theory, for harm allegedly caused, directly \nor indirectly, by a respirator, a respirator manufacturer, or a \nrespirator seller.\n\nSEC. 7. EFFECTIVE DATE.\n\n    This Act shall become effective upon enactment and shall apply to \nany action that has not proceeded to trial as of the date of enactment, \nregardless of when the respirator was manufactured or sold.","title":""}
+{"_id":"c37","text":"SECTION 1. FORMULA AND TERMS FOR ALLOCATIONS TO PREVENT HOMELESSNESS \n              FOR INDIVIDUALS LIVING WITH HIV OR AIDS.\n\n    (a) In General.--Subsection (c) of section 854 of the AIDS Housing \nOpportunity Act (42 U.S.C. 12903(c)) is amended by--\n            (1) redesignating paragraph (3) as paragraph (5); and\n            (2) striking paragraphs (1) and (2) and inserting the \n        following:\n            ``(1) Allocation of resources.--\n                    ``(A) Allocation formula.--The Secretary shall \n                allocate 90 percent of the amount approved in \n                appropriations Acts under section 863 among States and \n                metropolitan statistical areas as follows:\n                            ``(i) 75 percent of such amounts among--\n                                    ``(I) cities that are the most \n                                populous unit of general local \n                                government in a metropolitan \n                                statistical area with a population \n                                greater than 500,000, as determined on \n                                the basis of the most recent census, \n                                and with more than 2,000 individuals \n                                living with HIV or AIDS, using the data \n                                specified in subparagraph (B); and\n                                    ``(II) States with more than 2,000 \n                                individuals living with HIV or AIDS \n                                outside of metropolitan statistical \n                                areas.\n                            ``(ii) 25 percent of such amounts among \n                        States and metropolitan statistical areas based \n                        on the method described in subparagraph (C).\n                    ``(B) Source of data.--For purposes of allocating \n                amounts under this paragraph for any fiscal year, the \n                number of individuals living with HIV or AIDS shall be \n                the number of such individuals as confirmed by the \n                Director of the Centers for Disease Control and \n                Prevention, as of December 31 of the most recent \n                calendar year for which such data is available.\n                    ``(C) Allocation under subparagraph (A)(ii).--For \n                purposes of allocating amounts under subparagraph \n                (A)(ii), the Secretary shall develop a method that \n                accounts for--\n                            ``(i) differences in housing costs among \n                        States and metropolitan statistical areas based \n                        on the fair market rental established pursuant \n                        to section 8(c) of the United States Housing \n                        Act of 1937 (42 U.S.C. 1437f(c)) or another \n                        methodology established through a notice \n                        published by the Secretary in the Federal \n                        Register; and\n                            ``(ii) differences in poverty rates among \n                        States and metropolitan statistical areas based \n                        on area poverty indexes or another methodology \n                        established through a notice published by the \n                        Secretary in the Federal Register.\n            ``(2) Maintaining grants.--\n                    ``(A) Continued eligibility of fiscal year 2016 \n                grantees.--A grantee that received an allocation in \n                fiscal year 2016 shall continue to be eligible for \n                allocations under paragraph (1) in subsequent fiscal \n                years, subject to--\n                            ``(i) the amounts available from \n                        appropriations Acts under section 863;\n                            ``(ii) approval under section 105 by the \n                        Secretary of the most recent comprehensive \n                        housing affordability strategy for the grantee; \n                        and\n                            ``(iii) the requirements of subparagraph \n                        (C).\n                    ``(B) Adjustments.--Allocations to grantees \n                described in subparagraph (A) shall be adjusted \n                annually based on sections 203 (except subsection (d)) \n                and 209 of division C of the Consolidated and Further \n                Continuing Appropriations Act, 2012 (Public Law 112-55; \n                125 Stat. 693) except that, in lieu of the number of \n                cases of AIDS, such sections shall be adjusted, through \n                a notice published by the Secretary in the Federal \n                Register, to reflect the number of individuals living \n                with HIV or AIDS, and the allocation factors under \n                paragraph (1)(C) of this subsection.\n                    ``(C) Redetermination of continued eligibility.--\n                The Secretary shall redetermine the continued \n                eligibility of a grantee that received an allocation in \n                fiscal year 2016 at least once during the 10-year \n                period following fiscal year 2016.\n                    ``(D) Adjustment to grants.--For each of fiscal \n                years 2017, 2018, 2019, 2020, and 2021, the Secretary \n                shall ensure that a grantee that received an allocation \n                in the prior fiscal year does not receive an allocation \n                that is 5 percent less than or 10 percent greater than \n                the share of total available formula funds allocated to \n                such grantee in the preceding fiscal year.\n            ``(3) Alternative grantees.--\n                    ``(A) Requirements.--The Secretary may award funds \n                reserved for a grantee eligible under paragraph (1) to \n                an alternative grantee if--\n                            ``(i) the grantee submits to the Secretary \n                        a written agreement between the grantee and the \n                        alternative grantee that describes how the \n                        alternative grantee will take actions \n                        consistent with the applicable comprehensive \n                        housing affordability strategy for the grantee \n                        approved under section 105 of this Act;\n                            ``(ii) the Secretary approves the written \n                        agreement described in clause (i) and agrees to \n                        award funds to the alternative grantee; and\n                            ``(iii) the written agreement does not \n                        exceed a term of 10 years.\n                    ``(B) Renewal.--An agreement approved pursuant to \n                subparagraph (A) may be renewed by the parties with the \n                approval of the Secretary.\n                    ``(C) Definition.--In this paragraph, the term \n                `alternative grantee' means a public housing agency (as \n                defined in section 3(b) of the United States Housing \n                Act of 1937 (42 U.S.C. 1437a(b))), a unified funding \n                agency (as defined in section 401 of the McKinney-Vento \n                Homeless Assistance Act (42 U.S.C. 11360)), a State, a \n                unit of general local government, or an instrumentality \n                of State or local government.\n            ``(4) Reallocations.--If a State or the city that is the \n        most populous unit of general local government in a \n        metropolitan statistical area declines an allocation under \n        paragraph (1)(A), or the Secretary determines, in accordance \n        with criteria specified in regulation, that a State or the city \n        that is the most populous unit of general local government in a \n        metropolitan statistical area that is eligible for an \n        allocation under paragraph (1)(A) is unable to properly \n        administer such allocation, the Secretary shall reallocate any \n        funds reserved for such State or metropolitan statistical area \n        as follows:\n                    ``(A) For funds reserved for a State--\n                            ``(i) to eligible metropolitan statistical \n                        areas within the State on a pro rata basis; or\n                            ``(ii) if there is no eligible metropolitan \n                        statistical area within a State, to \n                        metropolitan cities and urban counties within \n                        the State that are eligible for a grant under \n                        section 106 of the Housing and Community \n                        Development Act of 1974 (42 U.S.C. 5306), on a \n                        pro rata basis.\n                    ``(B) For funds reserved for a metropolitan \n                statistical area, to the State in which the \n                metropolitan statistical area is located.\n                    ``(C) If the Secretary is unable to make a \n                reallocation under subparagraph (A) or (B), the \n                Secretary shall make such funds available on a pro rata \n                basis under the formula in paragraph (1)(A).''.\n    (b) Amendment to Definitions.--Section 853 of the AIDS Housing \nOpportunity Act (42 U.S.C. 12902) is amended--\n            (1) in paragraph (1), by inserting ``or `AIDS''' before \n        ``means''; and\n            (2) by inserting at the end the following new paragraphs:\n            ``(15) The term `HIV' means infection with the human \n        immunodeficiency virus.\n            ``(16) The term `individuals living with HIV or AIDS' \n        means, with respect to the counting of cases in a geographic \n        area during a period of time, the sum of--\n                    ``(A) the number of living non-AIDS cases of HIV in \n                the area; and\n                    ``(B) the number of living cases of AIDS in the \n                area.''.","title":""}
+{"_id":"c370","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Rural Aviation Improvement Act''.\n\nSEC. 2. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM.\n\n    (a) In General.--Subchapter II of chapter 417 of title 49, United \nStates Code, is amended by striking section 41747, and such title 49 \nshall be applied as if such section 41747 had not been enacted.\n    (b) Clerical Amendment.--The analysis for chapter 417 of title 49, \nUnited States Code, is amended by striking the item relating to section \n41747.\n\nSEC. 3. PER PASSENGER SUBSIDY FOR ESSENTIAL AIR SERVICE.\n\n    (a) In General.--Section 41742 of title 49, United States Code, is \namended by adding at the end the following:\n    ``(c) Per Passenger Subsidy Cap.--\n            ``(1) In general.--The Secretary of Transportation may not \n        provide compensation to an air carrier to provide air \n        transportation under this subchapter to an otherwise eligible \n        place in the 48 contiguous States if the eligible place--\n                    ``(A) is located fewer than 70 highway miles from \n                the nearest large or medium hub airport; or\n                    ``(B) is fewer than 210 miles from the nearest \n                large or medium hub airport and requires a per \n                passenger subsidy in excess of the dollar amount \n                described in paragraph (2).\n            ``(2) Dollar amount of per passenger subsidy.--\n                    ``(A) In general.--The dollar amount described in \n                this paragraph is--\n                            ``(i) for calendar year 2008, $200; and\n                            ``(ii) for each calendar year after \n                        calendar year 2008, $200 increased by an amount \n                        equal to--\n                                    ``(I) $200, multiplied by\n                                    ``(II) the percentage (if any) by \n                                which the CPI for the preceding \n                                calendar year exceeds the CPI for \n                                calendar year 2007.\n                    ``(B) Rounding.--Any increase under subparagraph \n                (A)(ii) shall be rounded to the nearest dollar.\n            ``(3) Definitions.--In this subsection:\n                    ``(A) CPI for the preceding calendar year.--The \n                term `CPI for the preceding calendar year' means the \n                average of the Consumer Price Index as of the close of \n                the 12-month period ending on August 31 of such \n                calendar year.\n                    ``(B) Consumer price index.--The term `Consumer \n                Price Index' means the last Consumer Price Index for \n                all-urban consumers published by the Department of \n                Labor.''.\n    (b) Per Passenger Subsidy Defined.--Section 41731(a) of title 49, \nUnited States Code, is amended by adding at the end the following:\n            ``(3) `per passenger subsidy' means--\n                    ``(A) the total compensation provided by the \n                Secretary of Transportation to an air carrier under \n                this subchapter that is necessary for the air carrier \n                to provide air transportation to an eligible place, \n                divided by\n                    ``(B) the total number of passengers using such air \n                transportation.''.\n    (c) Conforming Repeal.--Section 332 of the Department of \nTransportation and Related Agencies Appropriations Act, 2000 (Public \nLaw 106-69; 49 U.S.C. 41731 note) is repealed.\n\nSEC. 4. COMMUNITIES ABOVE PER PASSENGER SUBSIDY CAP.\n\n    (a) In General.--Subchapter II of chapter 417 of title 49, United \nStates Code, is amended by adding at the end the following:\n``Sec. 41749. Essential air service for eligible places above per \n              passenger subsidy cap\n    ``(a) Proposals.--A State or local government may submit a proposal \nto the Secretary of Transportation for compensation for an air carrier \nto provide air transportation to a place described in subsection (b).\n    ``(b) Place Described.--A place described in this subsection is a \nplace--\n            ``(1) that is otherwise an eligible place; and\n            ``(2) for which the per passenger subsidy exceeds the \n        dollar amount allowable under section 41742(c).\n    ``(c) Decisions.--Not later than 90 days after receiving a proposal \nunder subsection (a) for compensation for an air carrier to provide air \ntransportation to a place described in subsection (b), the Secretary \nshall--\n            ``(1) decide whether to provide compensation for the air \n        carrier to provide air transportation to the place; and\n            ``(2) approve the proposal if the State or local government \n        or a person is willing and able to pay the difference between--\n                    ``(A) the per passenger subsidy; and\n                    ``(B) the dollar amount allowable for such subsidy \n                under section 41742(c).\n    ``(d) Compensation Payments.--\n            ``(1) In general.--The Secretary shall pay compensation \n        under this section at such time and in such manner as the \n        Secretary determines is appropriate.\n            ``(2) Duration of payments.--The Secretary shall continue \n        to pay compensation under this section only as long as--\n                    ``(A) the State or local government or person \n                agreeing to pay compensation under subsection (c)(2) \n                continues to pay such compensation; and\n                    ``(B) the Secretary decides the compensation is \n                necessary to maintain air transportation to the place.\n    ``(e) Review.--\n            ``(1) In general.--The Secretary shall periodically review \n        the type and level of air service provided under this section.\n            ``(2) Consultation.--The Secretary may make appropriate \n        adjustments in the type and level of air service to a place \n        under this section based on the review under paragraph (1) and \n        consultation with the affected community and the State or local \n        government or person agreeing to pay compensation under \n        subsection (c)(2).\n    ``(f) Ending, Suspending, and Reducing Air Transportation.--An air \ncarrier providing air transportation to a place under this section may \nend, suspend, or reduce such air transportation if, not later than 30 \ndays before ending, suspending, or reducing such air transportation, \nthe air carrier provides notice of the intent of the air carrier to \nend, suspend, or reduce such air transportation to--\n            ``(1) the Secretary;\n            ``(2) the affected community; and\n            ``(3) the State or local government or person agreeing to \n        pay compensation under subsection (c)(2).''.\n    (b) Clerical Amendment.--The analysis for chapter 417 of title 49, \nUnited States Code, is amended by adding after the item relating to \nsection 41748 the following new item:\n\n``41749. Essential air service for eligible places above per passenger \n                            subsidy cap.''.\n\nSEC. 5. PREFERRED ESSENTIAL AIR SERVICE.\n\n    (a) In General.--Subchapter II of chapter 417 of title 49, United \nStates Code, as amended by section 4, is further amended by adding \nafter section 41749 the following:\n``Sec. 41750. Preferred essential air service\n    ``(a) Proposals.--A State or local government may submit a proposal \nto the Secretary of Transportation for compensation for a preferred air \ncarrier described in subsection (b) to provide air transportation to an \neligible place.\n    ``(b) Preferred Air Carrier Described.--A preferred air carrier \ndescribed in this subsection is an air carrier that--\n            ``(1) submits an application under section 41733(c) to \n        provide air transportation to an eligible place;\n            ``(2) is not the air carrier that submits the lowest cost \n        bid to provide air transportation to the eligible place; and\n            ``(3) is an air carrier that the affected community prefers \n        to provide air transportation to the eligible place instead of \n        the air carrier that submits the lowest cost bid.\n    ``(c) Decisions.--Not later than 90 days after receiving a proposal \nunder subsection (a) for compensation for a preferred air carrier \ndescribed in subsection (b) to provide air transportation to an \neligible place, the Secretary shall--\n            ``(1) decide whether to provide compensation for the \n        preferred air carrier to provide air transportation to the \n        eligible place; and\n            ``(2) approve the proposal if the State or local government \n        or a person is willing and able to pay the difference between--\n                    ``(A) the rate of compensation the Secretary would \n                provide to the air carrier that submits the lowest cost \n                bid to provide air transportation to the eligible \n                place; and\n                    ``(B) the rate of compensation the preferred air \n                carrier estimates to be necessary to provide air \n                transportation to the eligible place.\n    ``(d) Compensation Payments.--\n            ``(1) In general.--The Secretary shall pay compensation \n        under this section at such time and in such manner as the \n        Secretary determines is appropriate.\n            ``(2) Duration of payments.--The Secretary shall continue \n        to pay compensation under this section only as long as--\n                    ``(A) the State or local government or person \n                agreeing to pay compensation under subsection (c)(2) \n                continues to pay such compensation; and\n                    ``(B) the Secretary decides the compensation is \n                necessary to maintain air transportation to the \n                eligible place.\n    ``(e) Review.--\n            ``(1) In general.--The Secretary shall periodically review \n        the type and level of air service provided under this section.\n            ``(2) Consultation.--The Secretary may make appropriate \n        adjustments in the type and level of air service to an eligible \n        place under this section based on the review under paragraph \n        (1) and consultation with the affected community and the State \n        or local government or person agreeing to pay compensation \n        under subsection (c)(2).\n    ``(f) Ending, Suspending, and Reducing Air Transportation.--A \npreferred air carrier providing air transportation to an eligible place \nunder this section may end, suspend, or reduce such air transportation \nif, not later than 30 days before ending, suspending, or reducing such \nair transportation, the preferred air carrier provides notice of the \nintent of the preferred air carrier to end, suspend, or reduce such air \ntransportation to--\n            ``(1) the Secretary;\n            ``(2) the affected community; and\n            ``(3) the State or local government or person agreeing to \n        pay compensation under subsection (c)(2).''.\n    (b) Clerical Amendment.--The analysis for chapter 417 of title 49, \nUnited States Code, as amended by section 4, is further amended by \nadding after the item relating to section 41749 the following new item:\n\n``41750. Preferred essential air service.''.\n\nSEC. 6. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED BY THE \n              SECRETARY TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR \n              SERVICE.\n\n    Section 41733 of title 49, United States Code, is amended by adding \nat the end the following new subsection:\n    ``(f) Restoration of Eligibility for Subsidized Essential Air \nService.--\n            ``(1) In general.--If the Secretary of Transportation \n        terminates the eligibility of an otherwise eligible place to \n        receive basic essential air service by an air carrier for \n        compensation under subsection (c), a State or local government \n        may submit to the Secretary a proposal for restoring such \n        eligibility.\n            ``(2) Determination by secretary.--If the per passenger \n        subsidy required by the proposal submitted by a State or local \n        government under paragraph (1) does not exceed the per \n        passenger subsidy cap provided under section 41742(c), the \n        Secretary shall issue an order restoring the eligibility of the \n        otherwise eligible place to receive basic essential air service \n        by an air carrier for compensation under subsection (c).''.\n\nSEC. 7. CALCULATION OF HIGHWAY MILEAGE TO MEDIUM AND LARGE HUB \n              AIRPORTS.\n\n    (a) In General.--Section 41731 of title 49, United States Code, is \namended by adding at the end the following:\n    ``(c) Calculation of Highway Mileage to Medium and Large Hub \nAirports.--\n            ``(1) In general.--In any determination under this \n        subchapter of compensation or eligibility for compensation for \n        essential air service based on the highway mileage of an \n        eligible place from the nearest medium hub airport or large hub \n        airport, the highway mileage shall be that of the most commonly \n        used route, as identified under paragraph (2).\n            ``(2) Most commonly used route.--The Secretary of \n        Transportation shall identify the most commonly used route \n        between an eligible place and the nearest medium hub airport or \n        large hub airport by--\n                    ``(A) consulting with the Governor or a designee of \n                the Governor in the State in which the eligible place \n                is located; and\n                    ``(B) considering the certification of the Governor \n                or a designee of the Governor as to the most commonly \n                used route.\n            ``(3) Applicability.--This subsection shall apply only to \n        eligible places in the 48 contiguous States and the District of \n        Columbia.''.\n    (b) Conforming Amendment.--Section 409 of Vision 100--Century of \nAviation Reauthorization Act (Public Law 108-176; 49 U.S.C. 41731 note) \nis repealed.\n\nSEC. 8. OFFICE OF RURAL AVIATION.\n\n    (a) Establishment.--There is established within the Office of the \nSecretary of Transportation the Office of Rural Aviation (referred to \nin this section as the ``Office'').\n    (b) Functions.--The functions of the Office are--\n            (1) to develop a uniform 4-year contract for air carriers \n        providing essential air service to communities under subchapter \n        II of chapter 417 of title 49, United States Code;\n            (2) to develop a mechanism for comparing applications \n        submitted by air carriers under section 41733(c) to provide \n        essential air service to communities, including comparing--\n                    (A) estimates from air carriers on--\n                            (i) the cost of providing essential air \n                        service; and\n                            (ii) the revenues air carriers expect to \n                        receive when providing essential air service; \n                        and\n                    (B) estimated schedules for air transportation; and\n            (3) to select an air carrier from among air carriers \n        applying to provide essential air service, based on the \n        criteria described in paragraph (2).\n\nSEC. 9. EXTENSION OF AUTHORITY TO MAKE AGREEMENTS UNDER THE ESSENTIAL \n              AIR SERVICE PROGRAM.\n\n    Section 41743(e)(2) of title 49, United States Code, is amended by \nstriking ``2008'' and inserting ``2011''.\n\nSEC. 10. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED COSTS.\n\n    Section 41737 of title 49, United States Code, is amended--\n            (1) in subsection (a)(1)--\n                    (A) in subparagraph (B), by striking ``; and'' and \n                inserting a semicolon;\n                    (B) in subparagraph (C), by striking the period and \n                inserting ``; and''; and\n                    (C) by adding at the end the following:\n                    ``(D) provide for an adjustment in compensation to \n                account for significant increases in fuel costs, in \n                accordance with subsection (e).''; and\n            (2) in subsection (e)--\n                    (A) in paragraph (1), by striking ``may'' and \n                inserting ``shall''; and\n                    (B) in paragraph (2), by striking ``may'' and \n                inserting ``shall''.\n\nSEC. 11. CHARTER AIR CARRIER PASSENGER BOARDINGS.\n\n    Notwithstanding any other provision of law, the Secretary of \nTransportation shall treat passenger boardings on aircraft operated by \ncharter air carriers at airports receiving essential air service under \nsubchapter II of chapter 417 of title 49, United States Code, as \npassenger boardings for purposes of section 47114(c)(1)(E) of such \ntitle.\n\nSEC. 12. AUTHORIZATION OF APPROPRIATIONS FOR ESSENTIAL AIR SERVICE.\n\n    (a) Adjustment to Authorization of Appropriations.--Section 41742 \nof title 49, United States Code, is amended--\n            (1) in subsection (a)(2), by striking ``$77,000,000'' and \n        inserting ``$33,000,000''; and\n            (2) in subsection (b), by striking ``Notwithstanding \n        section 47114'' and all that follows.\n    (b) Funds From Airport and Airway Trust Fund.--Section 41737(d)(2) \nof title 49, United States Code, is amended to read as follows:\n            ``(2) In addition to amounts authorized to be appropriated \n        under section 41742(a), not more than $50,000,000 shall be \n        available to the Secretary out of the Fund for each of the \n        fiscal years 2008 through 2011 to incur obligations under this \n        section. Amounts made available under this section remain \n        available until expended.''.","title":""}
+{"_id":"c371","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Rural Law Enforcement Assistance Act \nof 1997''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Effective and impartial enforcement of the law is one \n        of the most important functions of government.\n            (2) The preservation of our form of government and the \n        rights of our citizens are dependent upon competent and \n        professional law enforcement agencies.\n            (3) Responsibility for law enforcement in the United States \n        reposes primarily with State and local governments.\n            (4) Approximately 22,400 local government entities exist in \n        the 50 states; one-third of all Americans live in nonurban \n        areas; of the 17,120 law enforcement agencies, 90 percent serve \n        populations of less than 25,000 residents and 75 percent serve \n        a population of fewer than 10,000 residents.\n            (5) Rural violent crime has increased over 53 percent from \n        1983 to 1995, and is taking a toll on small town and rural \n        citizens and small town and rural law enforcement personnel.\n            (6) Rural law enforcement agencies totaling 12,735 (police \n        departments and sheriffs offices serving a population of under \n        25,000) have needs in the areas of providing management \n        education and training, a clearinghouse, professional \n        evaluation, technical assistance, practical research and \n        analyses, and computer and forensic education and training as \n        identified by the National Center for Rural Law Enforcement and \n        the Federal Bureau of Investigation.\n            (7) The National Center for Rural Law Enforcement has \n        cooperated in the past and will continue to cooperate with the \n        FBI, the Department of Justice, and the Department of \n        Agriculture to promote the development and implementation of \n        management education and training, a clearinghouse, \n        professional evaluation, technical assistance, practical \n        research and analyses, and computer and forensic education and \n        training for rural law enforcement agencies.\n\nSEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.\n\n    (a) In General.--For the purpose of assisting rural law enforcement \nagencies with management education and training, maintaining a \nclearinghouse, evaluation, technical assistance, research, computer and \nforensic education and training, and providing such other support as \nmay be necessary or useful, there is authorized to be established a \nprivate, nonprofit corporation, to be known as the National Center for \nRural Law Enforcement which shall be neither an agency nor \nestablishment of the United States Government.\n    (b) Incorporators.--The Board of Directors first appointed shall be \ndeemed the incorporators, and the incorporation shall be deemed to have \nbeen effected from the date of the first meeting of the Board.\n    (c) Residence.--The Center shall be located in, and shall be \nconsidered, for purposes of venue in civil actions, to be a resident of \nLittle Rock, Arkansas, or at such other place as the Board may \nsubsequently direct.\n\nSEC. 4. CORPORATE POWERS.\n\n    The Center--\n            (1) shall have succession, and may sue and be sued, in its \n        corporate name;\n            (2) may adopt and use a corporate seal which shall be \n        judicially noticed;\n            (3) may adopt, amend, and repeal bylaws;\n            (4) may purchase, lease, or otherwise acquire and hold such \n        property as it deems necessary or convenient in the transaction \n        of its business, and may dispose of any such property;\n            (5) shall be eligible to apply for and to make grants from \n        or to, and to enter into contracts or cooperative agreements \n        without regard to the Federal Procurement Acquisition \n        Regulations with, Federal, State, and local governments, public \n        or private institutions, organizations, entities, and \n        individuals necessary or convenient to the exercise of the \n        functions or powers conferred explicitly or implicitly by this \n        Act;\n            (6) may arrange, as permitted by law, for the loan, detail \n        or assistance, or use of facilities, personnel, or equipment \n        from Federal, State, or local agencies, departments, or \n        entities on a reimbursable or nonreimbursable basis;\n            (7) may request from any Federal department or agency such \n        information, data, and materials as may be necessary or \n        convenient to the exercise of the functions or powers conferred \n        explicitly or implicitly by this Act although the head of such \n        department or agency may decline to comply with such a request;\n            (8) may solicit and accept gifts, devises, grants and \n        donations of property, including cash or services in \n        furtherance of its function and mission;\n            (9) shall have such other powers as may be necessary or \n        appropriate for the exercise of the functions or powers \n        conferred specifically or implicitly by this Act; and\n            (10) is prohibited from supporting any political party or \n        candidate for elective or appointive office.\n\nSEC. 5. BOARD OF DIRECTORS.\n\n    (a) Composition.--The Board of the Center shall be composed of 18 \nmembers as follows:\n            (1) Two members from each of the 6 regions (Northeast, \n        Northwest, Southeast, Southwest, Midwest, and West) shall be \n        appointed from rural law enforcement agencies serving rural \n        areas.\n            (2) One member shall be appointed from the International \n        Association of Directors of State Law Enforcement Training.\n            (3) Two members shall be selected from personnel of the \n        Federal Bureau of Investigation, and shall hold membership on \n        the Board in an ex officio capacity. The members shall be \n        selected by and serve at the pleasure of the Director of the \n        FBI.\n            (4) The president of the University of Arkansas shall be an \n        ex officio Board member.\n            (5) The Executive Director of the Center shall be an ad hoc \n        Board member.\n            (6) One resident of a rural area shall be selected to serve \n        as an ad hoc member.\n    (b) Initial Board.--\n            (1) Selection of members.--Appointive members of the \n        initial Board of Directors shall be selected cooperatively by \n        the president of the University of Arkansas, the Director of \n        the FBI, and the Executive Director of the preexisting National \n        Center for Rural Law Enforcement at the University of Arkansas.\n            (2) Designation of chairman.--The president of the \n        University of Arkansas and the Director of the FBI shall \n        designate a chairman from among the appointees to the initial \n        Board.\n            (3) Term of office.--The term of office for appointive \n        members of the initial Board shall be 3 years.\n            (4) Selection of successors.--Not later than 90 days before \n        the expiration of such 3-year term, the Board shall select, \n        with the advice and counsel of the president of the University \n        of Arkansas and the Director of the FBI, successors to the \n        initial appointive members.\n    (c) Subsequent Boards.--\n            (1) Term of office.--The term of office for appointive \n        members to subsequent Boards shall be 6 years.\n            (2) Staggered terms.--The successor appointive Board \n        members, at their first meeting, will draw lots from 1 to 6 \n        years.\n            (3) Subsequent selections.--The Board shall select, with \n        the advice and counsel of the president of the University of \n        Arkansas and the Director of the FBI, successors as may be \n        necessary or appropriate to replace members who resign or \n        otherwise vacate their offices or whose terms of office expire \n        within 90 days.\n            (4) Term limit.--No member shall serve more than 1 \n        uninterrupted 6-year term.\n            (5) Election of chairman.--After the initial Board has been \n        replaced, as appropriate or necessary, the Board shall elect a \n        chairman from among its appointive members. The chairman's term \n        of office shall be coextensive with that individual's term of \n        office on the Board.\n    (d) Functions.--The Board shall direct the exercise of all of the \nbusiness and powers of the Center, including the adoption, amendment, \nand repeal of bylaws. The Board shall appoint (subject to specific \nprovisions herein) and oversee the Executive Director and other \ncorporate officers in the performance of their duties.\n    (e) Quorums.--Vacancies on the Board shall not impair the powers of \nthe Board to execute the functions of the Center if there are not less \nthan 7 voting members in office. Such number shall also constitute a \nquorum for the transaction of the business of the Board.\n    (f) Compensation and Status.--\n            (1) In general.--The members of the Board shall serve \n        without compensation from the Center but are authorized to \n        receive whatever pay, allowances, and benefits to which they \n        are otherwise entitled by virtue of their Federal, State, or \n        local government employment.\n            (2) Expenses.--The members may be compensated for travel \n        and per diem expenses by the Center at rates authorized under \n        subchapter I of chapter 57 of title 5, United States Code, \n        while away from their permanent duty stations in the \n        performance of Center business.\n            (3) Status.--Other than the 2 ex officio members from the \n        FBI, members of the Board shall not be considered officers or \n        employees of the United States for any purpose.\n\nSEC. 6. OFFICERS AND EMPLOYEES.\n\n    (a) Executive Director.--\n            (1) Initial executive director.--The Executive Director of \n        the preexisting National Center for Rural Law Enforcement at \n        the University of Arkansas shall serve as the initial Executive \n        Director for the Center with a term of 3 years.\n            (2) Subsequent appointments.--After the initial 3-year term \n        of the first Executive Director, the Board of Directors shall \n        select and appoint, without regard to the provisions of the \n        civil service laws applicable to officers and employees of the \n        United States, and after consultation with the Director of the \n        FBI and the president of the University of Arkansas, a \n        successor whose term of office shall be 5 years.\n            (3) Vacancy.--The Board may at any time select and appoint, \n        after consultation with the Director of the FBI and the \n        president of the University of Arkansas, a successor to replace \n        an Executive Director who resigns or otherwise vacates office \n        or whose term of office will expire within 30 days. An \n        Executive Director appointed to fill a vacancy occurring prior \n        to the expiration of the term for which the predecessor was \n        selected and appointed shall serve for the remainder of such \n        term.\n            (4) Consecutive terms.--No person shall serve as the \n        Executive Director for more than 2 consecutive terms, excluding \n        the term of the initial Executive Director.\n            (5) Compensation.--The Board shall fix the Executive \n        Director's compensation, benefits, and allowances.\n            (6) Duties.--The Executive Director shall be responsible to \n        the Board of Directors for--\n                    (A) the management and administration of the \n                Center,\n                    (B) the conduct of its day-to-day affairs and \n                business,\n                    (C) the performance of its officers, agents, and \n                employees, and\n                    (D) the establishment of an advisory board to \n                assist the Executive Director with policy issues.\n    (b) Additional Staff.--The Executive Director shall select and \nnominate for appointment by the Board such other senior officers, \nassistants, and employees as may be necessary for the transaction of \nthe Center's business and subject to Board concurrence, fix their \ncompensation and define their duties. Officers may be removed by the \nExecutive Director for cause subject to the concurrence of the Board. \nAssistants and other employees may be removed by the Executive Director \nwithout Board concurrence.\n    (c) FBI Staff.--To assist the Center in carrying out its functions \nand programs, the Director of the FBI may assign, on a full-time basis, \nnot more than 4 FBI personnel to the Center on a nonreimbursable basis. \nPersonnel so assigned will remain employees of the Federal Government \nfor all purposes and will not become employees of the Center for any \npurpose.\n    (d) Status.--Unless otherwise an employee of the Federal \nGovernment, officers and employees of the Center shall not be \nconsidered to be employees of the United States for any purpose.\n\nSEC. 7. FUNCTIONS.\n\n    (a) In General.--In cooperation with the FBI, the Center, an \neducational entity, shall provide for the development of a rural law \nenforcement educational program through consultation with institutions \nof higher learning and the Board. The Center shall provide for--\n            (1) the development and delivery of management education \n        and training, clearinghouse, evaluation, technical assistance, \n        practical research and evaluation, and computer and forensic \n        education and training for and to rural law enforcement agency \n        personnel, including supervisory and executive managers;\n            (2) the delivery of technical assistance, including \n        research and studies into the causes and prevention of criminal \n        activity, to rural law enforcement agencies;\n            (3) equitable education opportunities;\n            (4) the development, promotion, and voluntary adoption of \n        national educational and training standards and accreditation \n        certification programs for rural law enforcement agencies and \n        personnel;\n            (5) the development and dissemination of information \n        designed to assist States and units of local government in \n        small town and rural areas throughout the country;\n            (6) grants to, and contracts with, Federal, State, and \n        local government, units of local rural law enforcement, public \n        and private agencies, educational institutions, organizations \n        and individuals to carry out this subtitle;\n            (7) the establishment and maintenance of a clearinghouse \n        and information center for the collection, preparation, and \n        dissemination of information on criminal justice and rural law \n        enforcement, including programs for the prevention of crime and \n        recidivism;\n            (8) the delivery of assistance, in a consulting capacity, \n        to criminal justice agencies in the development, establishment, \n        maintenance, and coordination of programs, facilities and \n        services, training, and research relating to crime in rural \n        areas;\n            (9) encouragement and assistance to Federal, State, and \n        local government programs and services;\n            (10) the development of technical education and training \n        teams to aid in the development of seminars, workshops, \n        education and training programs within the States and with the \n        State and local agencies that work with small town and rural \n        law enforcement managers;\n            (11) conducting, encouraging, and coordinating research \n        relating to law enforcement and criminal justice issues, \n        including the causes, assessment, evaluation, analysis, and \n        prevention of criminal activity;\n            (12) the formulation and recommendation of rural law \n        enforcement policy, goals, and standards applicable to involved \n        criminal justice agencies, organizations, institutions, and \n        personnel; and\n            (13) the evaluation by institutions of higher learning for \n        the purpose of encouraging programs of study for rural law \n        enforcement.\n    (b) Discretionary Activities.--The Center may--\n            (1) create an organizational structure with regional \n        representation for the purpose of--\n                    (A) delivering management education and training;\n                    (B) conducting research focused on small town and \n                rural law enforcement needs;\n                    (C) providing technical assistance;\n                    (D) creating a clearinghouse focused on small town \n                and rural law enforcement;\n                    (E) conducting evaluations for the benefit of small \n                town and rural law enforcement;\n                    (F) providing education and training in forensics; \n                and\n                    (G) providing education and training in computers;\n            (2) confer with and request the assistance, services, \n        records, and facilities of State and local governments or other \n        public or private agencies, organizations, and individuals; and\n            (3) procure the services of experts and consultants in \n        accordance with section 3109 of title 5, United States Code, at \n        rates of compensation not to exceed the daily equivalent of the \n        rate authorized for members of the Senior Executive Service, \n        ES-6, Level V, as authorized by section 5352 of title 5, United \n        States Code.\n\nSEC. 8. METHODS.\n\n    In carrying out its functions under this section, the Center \nshall--\n            (1) utilize consensus building; and\n            (2) work in cooperation with--\n                    (A) small town and rural, non urban law enforcement \n                agencies;\n                    (B) agencies of Federal, State, and local \n                governments; and\n                    (C) institutions of higher learning, law \n                enforcement associations and other not-for-profit \n                organizations;\n            (3) request and receive from other Federal departments and \n        agencies such statistics, data, program reports, and other \n        materials necessary for the Center to carry out its functions;\n            (4) arrange with and reimburse the heads of other Federal \n        departments and agencies for the use of personnel, facilities, \n        or equipment of such departments and agencies; and\n            (5) use the assistance, services, records, and facilities \n        of State and local governments or other public or private \n        agencies, organizations, and individuals.\n\nSEC. 9. DEFINITIONS.\n\n    For purposes of this Act:\n            (1) The term ``Board'' means the Board of Directors of the \n        National Center for Rural Law Enforcement.\n            (2) The term ``Center'' means the National Center for Rural \n        Law Enforcement.\n            (3) The term ``Executive Director'' means the Executive \n        Director of the National Center for Rural Law Enforcement.\n            (4) The term ``FBI'' means the Federal Bureau of \n        Investigation.\n            (5) The term ``rural area'' means an area with a population \n        of 25,000 or less.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated to carry out this Act--\n            (1) $12,000,000 for fiscal year 1997; and\n            (2) such sums as may be necessary for each of fiscal years \n        1998 through 2002.","title":""}
+{"_id":"c372","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``STEM Support for Teachers in \nEducation and Mentoring (STEM) Act'' or the ``STEM\\2\\ Act''.\n\nSEC. 2. STEM EDUCATION PLANNING AND TRAINING.\n\n    (a) In General.--Title II of the Elementary and Secondary Education \nAct of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end \nthe following:\n\n             ``PART E--STEM EDUCATION PLANNING AND TRAINING\n\n``SEC. 2501. DEFINITIONS.\n\n    ``In this part:\n            ``(1) Indian tribe; tribal organization.--The terms `Indian \n        tribe' and `tribal organization' have the meanings given those \n        terms in section 4 of the Indian Self-Determination and \n        Education Assistance Act.\n            ``(2) STEM.--The term `STEM' means science, technology, \n        engineering, and mathematics.\n\n``SEC. 2502. PLANNING GRANTS.\n\n    ``(a) Purpose.--The purpose of this section is to address the lack \nof coordination among STEM education efforts in the States.\n    ``(b) Definition of Eligible Entity.--In this section, the term \n`eligible entity' means a State, Indian tribe, tribal organization, \nnonprofit organization, or institution of higher education that \nidentifies a coalition of related entities to participate in the grant \napplication process under this section and subsequent STEM network \nactivities funded with a grant awarded under this section.\n    ``(c) Grants Authorized.--\n            ``(1) In general.--From amounts made available to carry out \n        this section, the Secretary shall carry out a program of \n        awarding, on a competitive basis, planning grants to eligible \n        entities to enable the eligible entities to--\n                    ``(A) develop effective State or tribal STEM \n                networks for communication and collaboration that \n                include school teachers, institutions of higher \n                education, nonprofit organizations, businesses, \n                Federal, State, and local governments, and any other \n                relevant entities; and\n                    ``(B) through such State STEM networks, identify \n                future STEM skills needed for STEM and non-STEM \n                occupations.\n            ``(2) Proportionality.--In awarding grants under this \n        section, the Secretary shall, to the extent practicable, ensure \n        a distribution of grant funds focused on high-need and high-\n        poverty eligible entities.\n    ``(d) Application.--An eligible entity desiring a grant under this \nsection shall submit an application to the Secretary at such time, in \nsuch manner, and containing such information as the Secretary may \nrequire.\n    ``(e) Reports.--\n            ``(1) Reports to the secretary.--An eligible entity \n        receiving a grant under this section shall submit to the \n        Secretary an annual report describing the progress made on the \n        grant.\n            ``(2) Reports to congress.--Not later than 3 years after \n        the date of enactment of the STEM Support for Teachers in \n        Education and Mentoring (STEM) Act, and every 3 years \n        thereafter, the Secretary shall submit a report to Congress \n        regarding the program supported under this section.\n\n``SEC. 2503. TRAINING PROGRAM GRANTS.\n\n    ``(a) Purpose.--The purpose of this section is to strengthen the \ncapacity of preservice and existing teachers, elementary schools, \nmiddle schools, and secondary schools to use proven methods, including \ninquiry or project-based learning, to inspire and prepare students for \nSTEM careers and build STEM literacy.\n    ``(b) Definition of Eligible Entity.--In this section, the term \n`eligible entity' means a State, Indian tribe, tribal organization, \nlocal educational agency, institution of higher education, or nonprofit \norganization.\n    ``(c) Grants Authorized.--\n            ``(1) In general.--From amounts made available to carry out \n        this section, the Secretary shall carry out a program of \n        awarding grants, on a competitive basis, to eligible entities \n        to enable the eligible entities to develop, carry out, and \n        evaluate training programs for STEM education--\n                    ``(A) in elementary schools, middle schools, and \n                secondary schools for existing teachers; and\n                    ``(B) in postsecondary schools for preservice \n                teachers.\n            ``(2) Proportionality.--In awarding grants under this \n        section, the Secretary shall, to the extent practicable, ensure \n        an equitable distribution--\n                    ``(A) between eligible entities serving urban areas \n                and eligible entities serving rural areas; and\n                    ``(B) of grant funds focused on high-need and high-\n                poverty eligible entities.\n    ``(d) Application.--An eligible entity desiring a grant under this \nsection shall submit an application to the Secretary at such time, in \nsuch manner, and containing such information as the Secretary may \nrequire. Such application shall include--\n            ``(1) a description of how the eligible entity will monitor \n        and evaluate the effectiveness of the training program, \n        including how the eligible entity plans to measure the impact \n        of the training on--\n                    ``(A) teachers who attended the training after the \n                teachers return to the classroom; or\n                    ``(B) preservice teachers; and\n            ``(2) any other information the Secretary determines \n        appropriate.\n    ``(e) Use of Funds.--An eligible entity receiving a grant under \nthis section shall use grant funds to carry out a training program, \nusing best practice models (including inquiry and project-based models) \nand through summer institutes or other professional development \nenrichment programs, that provides professional development regarding \nSTEM education to existing and preservice STEM teachers (including STEM \nteachers who are master teachers or have otherwise demonstrated mastery \nof STEM teaching) and administrators who are employed as teachers and \nadministrators, respectively, as of the time of the program.\n    ``(f) Reports.--\n            ``(1) Reports to the secretary.--An eligible entity \n        receiving a grant under this section shall submit to the \n        Secretary an annual report that describes the progress made on \n        the grant and includes the results from the evaluation \n        described in the application under subsection (d).\n            ``(2) Reports to congress.--Not later than 3 years after \n        the date of enactment of this part, and every 3 years \n        thereafter, the Secretary shall submit a report to Congress \n        regarding the program supported under this section.\n\n``SEC. 2504. ACADEMIC STANDARDS GRANTS.\n\n    ``(a) Purpose.--The purpose of this section is to strengthen the \ncapacity of States to implement new mathematics and science academic \nstandards.\n    ``(b) Definition of Eligible Entity.--In this section, the term \n`eligible entity' means a State, Indian tribe, tribal organization, \nlocal educational agency, public charter school, institution of higher \neducation, or nonprofit organization.\n    ``(c) Grants Authorized.--\n            ``(1) In general.--From amounts made available to carry out \n        this section, the Secretary shall award grants, on a \n        competitive basis, to eligible entities to enable the eligible \n        entities to support curriculum development, assessments, or \n        related activities that would enable States to adopt new \n        mathematics and science academic standards.\n            ``(2) Proportionality.--In awarding grants under this \n        section, the Secretary shall, to the extent practicable, ensure \n        a distribution of grant funds focused on high-need and high-\n        poverty eligible entities.\n    ``(d) Application.--An eligible entity desiring a grant under this \nsection shall submit an application to the Secretary at such time, in \nsuch manner, and containing such information as the Secretary may \nrequire. Such application shall include--\n            ``(1) a description of how the eligible entity will monitor \n        and evaluate the effectiveness of curriculum development, \n        assessments, or related activities that would enable States to \n        adopt new mathematics and science academic standards; and\n            ``(2) any other information the Secretary determines \n        appropriate.\n    ``(e) Use of Funds.--An eligible entity receiving a grant under \nthis section shall use grant funds to carry out curriculum development, \nassessments, or related activities that would enable States to adopt \nnew mathematics and science academic standards and provide professional \ndevelopment regarding STEM education standards and national tests for \nadministrators who are employed as teachers and administrators, \nrespectively, as of the time of the program.\n    ``(f) Reports to the Secretary.--An eligible entity receiving a \ngrant under this section shall submit to the Secretary an annual report \nthat describes the progress made on the grant and includes the results \nfrom the evaluation described in the application under subsection (d).\n\n``SEC. 2505. NATIONAL PANEL.\n\n    ``(a) In General.--The Secretary shall establish a national panel \nto review, evaluate, and identify--\n            ``(1) rigorous kindergarten through grade 12 STEM curricula \n        models, including computer or web-based simulation education \n        programs, kinesthetic learning, and inquiry- or project-based \n        learning techniques; and\n            ``(2) best practices with respect to STEM curricula.\n    ``(b) Members.--The Secretary shall determine the membership of the \nnational panel described in subsection (a), which shall be comprised of \nindividuals who have the wisdom and experience to identify and \nrecommend the most effective STEM curricula models, such as--\n            ``(1) representatives of technology industries and \n        business;\n            ``(2) teachers and school administrators;\n            ``(3) representatives of nonprofit organizations and \n        community organizations;\n            ``(4) faculty members of institutions of higher education;\n            ``(5) research specialists and curricula specialists;\n            ``(6) at least 1 rural education expert;\n            ``(7) at least 1 high school or college student to provide \n        a youth perspective; and\n            ``(8) other individuals, as determined appropriate by the \n        Secretary.\n    ``(c) Reports.--The panel shall prepare reports and recommendations \nregarding the panel's findings as requested by the Secretary.\n\n``SEC. 2506. AUTHORIZATION OF APPROPRIATIONS.\n\n    ``There is authorized to be appropriated to carry out this part \nsuch sums as may be necessary for fiscal year 2014 and each of the 5 \nsucceeding fiscal years.''.\n    (b) Table of Contents.--The table of contents in section 2 of the \nElementary and Secondary Education Act of 1965 is amended by inserting \nafter the item relating to section 2441 the following:\n\n             ``Part E--STEM Education Planning and Training\n\n``Sec. 2501. Definitions.\n``Sec. 2502. Planning grants.\n``Sec. 2503. Training program grants.\n``Sec. 2504. Academic standards grants.\n``Sec. 2505. National panel.\n``Sec. 2506. Authorization of appropriations.''.","title":""}
+{"_id":"c373","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Safe Highways and Infrastructure \nPreservation Act of 1997''.\n\nSEC. 2. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.\n\n    (a) Prohibition on Operation of Certain Cargo-Carrying Units.--\nSection 411 of the Surface Transportation Assistance Act of 1982 (49 \nU.S.C. App. 2311) is amended--\n            (1) by striking the section heading and all that follows \n        through ``(a) Except'' and inserting the following:\n\n``SEC. 411. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.\n\n    ``(a) State Requirements.--\n            ``(1) In general.--Except'';\n            (2) by moving the remaining portion of paragraph (1) of \n        subsection (a), as designated by paragraph (1) of this \n        subsection, 2 ems to the right; and\n            (3) by adding at the end of subsection (a) the following:\n            ``(2) Prohibition on operation of certain cargo-carrying \n        units.--\n                    ``(A) General rule.--No State shall register for \n                operation on any segment of the Interstate System and \n                those classes of qualifying National Highway System \n                highways as designated by the Secretary any trailer, \n                semi-trailer, container, or other cargo-carrying unit \n                that is longer than 53 feet, except as provided by \n                subparagraph (B).\n                    ``(B) Exceptions.--The following shall not be \n                subject to the requirement of subparagraph (A):\n                            ``(i) Any trailer, semi-trailer, container, \n                        or other cargo carrying unit that is \n                        manufactured before the expiration of the 1-\n                        year period beginning on the date of the \n                        enactment of this paragraph.\n                            ``(ii) Any trailer, semi-trailer, \n                        container, or other cargo-carrying unit that is \n                        used exclusively for fire-fighting.\n            ``(C) Limitation on statutory construction.--Nothing in \n        this paragraph shall be construed to affect the laws of any \n        State applicable to any trailer, semi-trailer, container, or \n        other cargo-carrying unit that is less than 53 feet in \n        length.''.\n    (b) Repeal.--The 3d sentence of section 411(b) of such Act is \nrepealed.\n    (c) Conforming Amendments.--Section 411 of such Act is amended--\n            (1) by striking ``subsection (a) of this section'' each \n        place it appears and inserting ``subsection (a)(1) of this \n        section''; and\n            (2) in subsection (d) by striking ``subsections (a)'' and \n        inserting ``subsections (a)(1)''.\n    (d) Enforcement.--The 2d sentence of section 141(b) of title 23, \nUnited States Code, is amended--\n            (1) by striking ``section 411(j)'' and inserting \n        ``subsections (a)(2) and (j) of section 411''; and\n            (2) by striking ``2311(j)'' and inserting ``2311''.\n\nSEC. 3. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS.\n\n    (a) In General.--Section 127 of title 23, United States Code, is \namended by adding at the end the following:\n    ``(h) Grandfather Rights.--\n            ``(1) General rule.--No State shall allow the operation of \n        any vehicle or combination (other than longer combination \n        vehicles) not in conformance with the Interstate weight limits, \n        unless such operation is on the list published pursuant to \n        paragraph (2).\n            ``(2) List of vehicles or combinations.--\n                    ``(A) Proceeding.--Not later than 60 days after the \n                date of the enactment of this subsection, the Secretary \n                shall initiate a proceeding to determine and publish a \n                list of vehicles or combinations (other than longer \n                combination vehicles), otherwise not in conformance \n                with the Interstate weight limits, that the Department \n                of Transportation or any other Federal agency or a \n                State has determined before January 1, 1997, could be \n                lawfully operated within such State on July 1, 1956 \n                (except in the case of the overall gross weight of any \n                group of 2 or more consecutive axles, on the date of \n                the enactment of the Federal-Aid Highway Amendments of \n                1974).\n                    ``(B) Limitation.--No operation of any vehicle or \n                combination (other than a longer combination vehicle) \n                shall be included on the list published pursuant to \n                subparagraph (A) on the basis that a State law or \n                regulation could have authorized such operation at some \n                prior date by permit or otherwise.\n                    ``(C) Publication of final list.--Not later than \n                270 days after the date of the enactment of this \n                subsection, the Secretary shall publish a final list of \n                vehicles or combinations described in subparagraph (A).\n            ``(3) Limitation on statutory construction.--Nothing in \n        this subsection shall be construed to prevent a State from \n        reducing the State's gross vehicle weight limitation or the \n        State's single or tandem axle weight limitations on the \n        Interstate System for operations on the list published pursuant \n        to paragraph (2) but in no event shall any such reduction fall \n        below weight limits referred to in subsection (a).\n            ``(4) Applicability of existing requirements.--All vehicles \n        or combinations included on the list published pursuant to \n        paragraph (2) shall be subject to all routing-specific, \n        commodity-specific, and weight-specific designations in force \n        in a State before January 1, 1997.''.\n    (b) Conforming Amendment.--The 4th sentence of section 127(a) of \nsuch title is amended by striking ``the State determines''.\n\nSEC. 4. NONDIVISIBLE LOAD PROCEEDING.\n\n    Section 127 of title 23, United States Code, is further amended by \nadding at the end the following:\n    ``(i) Nondivisible Loads.--\n            ``(1) Proceeding.--Not later than 60 days after the date of \n        the enactment of this subsection, the Secretary shall initiate \n        a proceeding to determine the meaning of the term `vehicles and \n        loads which cannot be easily dismantled or divided' as used in \n        subsection (a), including a commodity-specific definition of \n        such term.\n            ``(2) Regulations.--Not later than 270 days after the date \n        of the enactment of this subsection, the Secretary shall issue \n        final regulations setting forth the determination of the \n        Secretary made pursuant to subparagraph (A). Such regulations \n        shall apply to all loads operating on the National Highway \n        System. A State may establish other requirements not \n        inconsistent with such regulations.\n    ``(j) Statement of Policy.--The policy of this title is to promote \nconformity with the Interstate weight limits for the benefit and safety \nof all motorists.\n    ``(k) Interstate Weight Limits Defined.--For purposes of \nsubsections (h), (i), and (j), the term `Interstate weight limits' \nmeans the 80,000 pound gross vehicle weight limitation, the 20,000 \npound single axle weight limitation (including enforcement tolerances), \nthe 34,000 pound tandem axle weight limitation (including enforcement \ntolerances), and the overall maximum gross weight (including \nenforcement tolerances) on a group of 2 or more consecutive axles \nproduced by application of the Bridge Formula B in subsection (a).''.\n\nSEC. 5. WEIGHT LIMITATIONS.\n\n    (a) In General.--Title 23, United States Code, is amended by \ninserting after section 127 the following:\n``Sec. 127a. Gross vehicle weight and axle loading limitations on non-\n              Interstate highways on the National Highway System\n    ``(a) Non-Interstate Highways on NHS.--The gross vehicle weight \nlimitations and axle loading limitations applicable to all vehicles and \ncombinations on any non-Interstate highway on the National Highway \nSystem in existence on the date of the enactment of this section, shall \nbe the gross vehicle weight and axle loading limitations (including \nenforcement tolerances) set by State statute as of January 1, 1997, on \nthe non-Interstate highway on the National Highway System in the State \nin which such non-Interstate highway is located, except as provided by \nsubsection (c). The gross vehicle weight limitations and axle loading \nlimitations applicable to all vehicles and combinations on any segment \nof any non-Interstate highway on the National Highway System not in \nexistence on the date of the enactment of this section, shall be the \nInterstate weight limits.\n    ``(b) Proceeding To Publish List of State Limitations.--The \nSecretary shall initiate a proceeding to determine and publish a list \nof the States' gross vehicle weight limitations and axle loading \nlimitations as of January 1, 1997, applicable to non-Interstate \nhighways on the National Highway System. The Secretary shall publish a \nfinal list not later than 180 days after the date of the enactment of \nthis section.\n    ``(c) Proceeding To Publish List of Nonconforming Operations.--The \nSecretary shall initiate a proceeding to determine and publish a list \nof operations not in conformance with State gross vehicle weight \nlimitations and axle loading limitations applicable to all vehicles and \ncombinations on any non-Interstate highways on the National Highway \nSystem in existence on the date of the enactment of this section, of \nsuch State before January 1, 1997, and which were in actual and lawful \noperation on a regular or periodic basis (including seasonal \noperations) before January 1, 1997. The Secretary shall publish a final \nlist of such operations not later than 180 days after the date of the \nenactment of this section. No operation of any vehicle or combination \nshall be on the Secretary's list on the basis that a State law or \nregulation could have authorized such operations at some prior date, by \npermit or otherwise.\n    ``(d) Applicability of Existing Requirements.--All vehicles or \ncombinations included on the Secretary's list provided for in \nsubsection (c) shall be subject to all routing-specific, commodity-\nspecific, and weight-specific designations in force in a State on \nDecember 31, 1996.\n    ``(e) Applicability.--The limitations established by subsection (a) \nshall apply to any new designations made to the National Highway System \nand remain in effect on those non-Interstate highways that cease to be \ndesignated as part of the National Highway System.\n    ``(f) Limitation on Statutory Construction.--Nothing in this \nsection shall be construed to prevent any State from reducing the \nState's gross vehicle weight limitation or the State's single or tandem \naxle weight limitations on any existing non-Interstate highway on the \nNational Highway System.\n    ``(g) Interstate Weight Limits Defined.--For purposes of this \nsection, the term `Interstate weight limits' means the 80,000 pound \ngross vehicle weight limitation, the 20,000 pound single axle weight \nlimitation (including enforcement tolerances), and the 34,000 pound \ntandem axle weight limitation (including enforcement tolerances).''.\n    (b) Enforcement of Requirements.--Section 141(a) of such title is \namended by striking ``section 127(d)'' and inserting ``sections 127 and \n127a''.\n    (c) Conforming Chapter Analysis Amendment.--The analysis for \nchapter 1 of such title is amended by inserting after the item relating \nto section 127 the following:\n\n``127a. Gross vehicle weight and axle loading limitations on non-\n                            Interstate highways on the National Highway \n                            System.''.","title":""}
+{"_id":"c374","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Safe, Efficient, Coordinated, \nUnified, Revitalized, Enhanced Visa Waiver Act''.\n\nSEC. 2. ELECTRONIC SUBMISSION OF BIOGRAPHICAL INFORMATION BY VISA \n              WAIVER PARTICIPANTS.\n\n    (a) In General.--The Secretary of Homeland Security shall \nestablish, as part of the integrated entry and exit data system \nrequired under section 110 of the Illegal Immigration Reform and \nImmigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic \nsystem through which an alien seeking to enter the United States \nwithout a visa under the visa waiver program described in section 217 \nof the Immigration and Nationality Act (8 U.S.C. 1187) is required to \nsubmit biographical information prior to embarkation.\n    (b) Elements.--The electronic system required to be established \nunder subsection (a) shall satisfy the following requirements:\n            (1) Electronic determination of eligibility.--The system \n        shall include a method for an electronic determination to be \n        made, and an electronic response to be provided, in 30 minutes \n        or less, as to whether or not an alien submitting information \n        as described in subsection (a) is eligible to be admitted to \n        the United States as a nonimmigrant visitor described in \n        section 101(a)(15)(B) of the Immigration and Nationality Act (8 \n        U.S.C. 1101(a)(15)(B)).\n            (2) Carrier obligations.--The system shall include a method \n        for requiring--\n                    (A) carriers and other corporations described in \n                section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to \n                inquire electronically, prior to an alien passenger's \n                embarkation without a visa, whether the alien has been \n                determined, using the system described in this section, \n                to be eligible for such an admission; and\n                    (B) the electronic response to such inquiry to be \n                provided in 90 seconds or less.\n            (3) Deployment.--The system shall be deployed as soon as \n        possible after the date of the enactment of this Act.\n            (4) Fee.--The Secretary of Homeland Security shall \n        establish a fee to be charged to aliens described in subsection \n        (a) that is set at a level that will ensure the recovery of the \n        full costs of establishing and operating the system.\n    (c) Consultation.--In developing the system, the Secretary of \nHomeland Security shall consult with, and allow for the system's review \nby, a private sector group consisting of individuals with expertise in \ntravel, tourism, privacy, national security, or computer security \nissues.\n\nSEC. 3. CHANGE TO REQUIREMENT FOR READERS AND SCANNERS AT PORTS OF \n              ENTRY.\n\n    Section 303(b)(2)(A) of the Enhanced Border Security and Visa Entry \nReform Act (8 U.S.C. 1732(b)(2)(A)) is amended to read as follows:\n                    ``(A) In general.--Not later than October 26, 2004, \n                the Secretary of Homeland Security, in consultation \n                with the Secretary of State, shall install at all ports \n                of entry into the United States equipment and software \n                to allow biometric comparison and authentication of all \n                United States visas and other travel and entry \n                documents issued to aliens. Not later than October 26, \n                2005, the Secretary of Homeland Security, in \n                consultation with the Secretary of State, shall install \n                at all ports of entry into the United States equipment \n                and software to allow biometric comparison and \n                authentication of passports issued pursuant to \n                subsection (c)(1).''.\n\nSEC. 4. TECHNOLOGY STANDARD IMPLEMENTATION DEADLINE.\n\n    Section 303(c) of the Enhanced Border Security and Visa Entry \nReform Act (8 U.S.C. 1732(c)) is amended, in each of paragraphs (1) and \n(2), by striking ``2004,'' and inserting ``2005,''.\n\nSEC. 5. LIMITED GOOD FAITH WAIVER.\n\n    Section 303(c) of the Enhanced Border Security and Visa Entry \nReform Act (8 U.S.C. 1732(c)) is amended by adding at the end the \nfollowing:\n            ``(3) Limited good faith waiver.--\n                    ``(A) In general.--The Secretary of Homeland \n                Security, in consultation with the Secretary of State, \n                may grant not more than 2 extensions for a country, and \n                its nationals, of the deadlines in paragraphs (1) and \n                (2), respectively, upon a determination that the \n                country is making substantial progress towards ensuring \n                that the passports the country issues to its nationals \n                satisfy the requirements of paragraph (1). Each such \n                extension shall be for a period not exceeding 6 months.\n                    ``(B) Factors.--In determining whether a country is \n                making substantial progress under subparagraph (A), the \n                Secretary of Homeland Security shall take into account \n                the following factors, which shall be certified by the \n                Secretary of State:\n                            ``(i) Whether the country has made a good \n                        faith effort to satisfy the requirements of \n                        paragraph (1) not later than October 26, 2005.\n                            ``(ii) Whether the country has a program \n                        designed to satisfy the requirements of \n                        paragraph (1) not later than October 26, 2006.\n                            ``(iii) Whether the country has commenced a \n                        pilot program under which some number of \n                        passports that satisfy the requirements of \n                        paragraph (1) will be issued before March 26, \n                        2006.\n            ``(4) Reports.--\n                    ``(A) Initial.--Not later than October 26, 2005, \n                the Secretary of Homeland Security, in consultation \n                with the Secretary of State, shall issue an initial \n                report on the status of countries' progress in meeting \n                the requirements of paragraph (1).\n                    ``(B) Final.--Not later than April 25, 2006, the \n                Secretary of Homeland Security, in consultation with \n                the Secretary of State, shall issue a final report on \n                the status of countries' progress in meeting the \n                requirements of paragraph (1).''.\n\nSEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.\n\n    Section 303 of the Enhanced Border Security and Visa Entry Reform \nAct (8 U.S.C. 1732) is amended by striking ``Attorney General'' each \nplace that term appears and inserting ``Secretary of Homeland \nSecurity''.","title":""}
+{"_id":"c375","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Secure Miles with All Resources and \nTechnology Act''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) Commissioner.--The term ``Commissioner'' means the \n        Commissioner of U.S. Customs and Border Protection.\n            (2) High traffic areas.--The term ``high traffic areas'' \n        has the meaning given the term in section 102(e)(1) of the \n        Illegal Immigration Reform and Immigrant Responsibility Act of \n        1996, as amended by section 102 of this Act.\n            (3) Secretary.--The term ``Secretary'' means the Secretary \n        of Homeland Security.\n            (4) Situational awareness.--The term ``situational \n        awareness'' has the meaning given the term in section \n        1092(a)(7) of the National Defense Authorization Act for Fiscal \n        Year 2017 (Public Law 114-328).\n\n                 TITLE I--INFRASTRUCTURE AND EQUIPMENT\n\nSEC. 101. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY TECHNOLOGY \n              ALONG THE SOUTHERN BORDER.\n\n    Section 102 of the Illegal Immigration Reform and Immigrant \nResponsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. \n1103 note) is amended--\n            (1) in subsection (a)--\n                    (A) by inserting ``and border technology'' before \n                ``in the vicinity of''; and\n                    (B) by striking ``illegal crossings in areas of \n                high illegal entry into the United Sates'' and \n                inserting ``, impede, and detect illegal activity in \n                high traffic areas'';\n            (2) in subsection (c)(1), by inserting ``and, pursuant to \n        subsection (d), the installation, operation, and maintenance of \n        technology'' after ``barriers and roads''; and\n            (3) by adding at the end the following new subsections:\n    ``(d) Installation, Operation, and Maintenance of Technology.--\n            ``(1) In general.--Not later than January 20, 2021, the \n        Secretary of Homeland Security, in carrying out subsection (a), \n        shall deploy the most practical and effective technology \n        available along the United States border for achieving \n        situational awareness and operational control of the border.\n            ``(2) Technology defined.--In this subparagraph, the term \n        `technology' includes border surveillance and detection \n        technology, including--\n                    ``(A) radar surveillance systems;\n                    ``(B) Vehicle and Dismount Exploitation Radars \n                (VADER);\n                    ``(C) 3-dimensional, seismic acoustic detection and \n                ranging border tunneling detection technology;\n                    ``(D) sensors;\n                    ``(E) unmanned cameras;\n                    ``(F) man-portable and mobile vehicle-mounted \n                unmanned aerial vehicles; and\n                    ``(G) any other devices, tools, or systems found to \n                be more effective or advanced than those specified in \n                subparagraphs (A) through (F).\n    ``(e) Definitions.--In this section:\n            ``(1) High traffic areas.--The term `high traffic areas' \n        means sectors along the northern, southern, or coastal border \n        that--\n                    ``(A) are within the responsibility of U.S. Customs \n                and Border Protection; and\n                    ``(B) have significant unlawful cross-border \n                activity.\n            ``(2) Situational awareness defined.--The term `situational \n        awareness' has the meaning given the term in section 1092(a)(7) \n        of the National Defense Authorization Act for Fiscal Year 2017 \n        (Public Law 114-328).''.\n\nSEC. 102. COMPREHENSIVE SOUTHERN BORDER STRATEGY.\n\n    (a) Comprehensive Strategy.--\n            (1) Requirement.--Not later than 12 months after the date \n        of the enactment of this Act, the Secretary shall submit to the \n        Committee on Homeland Security of the House of Representatives \n        and the Committee on Homeland Security and Governmental Affairs \n        of the Senate a comprehensive Southern border strategy.\n            (2) Contents.--The strategy submitted under paragraph (1) \n        shall include--\n                    (A) a list of known physical barriers, \n                technologies, tools, and other devices that can be used \n                to achieve and maintain situational awareness and \n                operational control (as such term is defined in section \n                2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 \n                note; Public Law 109-367)) along the southern border;\n                    (B) a projected per mile cost estimate for each \n                physical barrier, technology, tool, and other device \n                included on the list required under paragraph (1);\n                    (C) a detailed account of which type of physical \n                barrier, technology, tool, or other device the \n                Department believes is necessary to achieve and \n                maintain situational awareness and operational control \n                for each liner mile of the southern border;\n                    (D) an explanation for why such physical barrier, \n                technology, tool, or other device was chosen to achieve \n                and maintain situational awareness and operational \n                control for each linear mile of the southern border, \n                including--\n                            (i) the methodology used to determine which \n                        type of physical barrier, technology, tool, or \n                        other device was chosen for such linear mile;\n                            (ii) an examination of existing manmade and \n                        natural barriers for each linear mile of the \n                        southern border; and\n                            (iii) the information collected and \n                        evaluated from--\n                                    (I) the appropriate U.S. Customs \n                                and Border Protection Sector Chief;\n                                    (II) the Joint Task Force \n                                Commander;\n                                    (III) the appropriate State \n                                Governor;\n                                    (IV) local law enforcement \n                                officials;\n                                    (V) private property owners; and\n                                    (VI) other affected stakeholders;\n                    (E) a per mile cost calculation for each linear \n                mile of the southern border given the type of physical \n                barrier, technology, tool, or other device chosen to \n                achieve and maintain operational control for each \n                linear mile; and\n                    (F) a cost justification for each time a more \n                expensive physical barrier, technology, tool, or other \n                device is chosen over a less expensive option, as \n                established by the per mile cost estimates required in \n                subparagraph (B).\n\nSEC. 103. ERADICATION OF CARRIZO CANE AND SALT CEDAR.\n\n    Not later than January 20, 2019, the Secretary, after coordinating \nwith the heads of relevant Federal, State, and local agencies, shall \nbegin eradicating the carrizo cane plant and any salt cedar along the \nRio Grande River.\n\n                            TITLE II--GRANTS\n\nSEC. 201. OPERATION STONEGARDEN.\n\n    (a) In General.--Subtitle A of title XX of the Homeland Security \nAct of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 2009. OPERATION STONEGARDEN.\n\n    ``(a) Establishment.--There is established in the Department a \nprogram, which shall be known as `Operation Stonegarden', under which \nthe Secretary, acting through the Administrator, shall make grants to \neligible law enforcement agencies, through the State administrative \nagency, to enhance border security in accordance with this section.\n    ``(b) Eligible Recipients.--To be eligible to receive a grant under \nthis section, a law enforcement agency--\n            ``(1) shall be located in--\n                    ``(A) a State bordering Canada or Mexico; or\n                    ``(B) a State or territory with a maritime border; \n                and\n            ``(2) shall be involved in an active, ongoing, U.S. Customs \n        and Border Protection operation coordinated through a sector \n        office.\n    ``(c) Permitted Uses.--The recipient of a grant under this section \nmay use such grant for--\n            ``(1) equipment, including maintenance and sustainment \n        costs;\n            ``(2) personnel, including overtime and backfill, in \n        support of enhanced border law enforcement activities;\n            ``(3) any activity permitted for Operation Stonegarden \n        under the Department of Homeland Security's Fiscal Year 2017 \n        Homeland Security Grant Program Notice of Funding Opportunity; \n        and\n            ``(4) any other appropriate activity, as determined by the \n        Administrator, in consultation with the Commissioner of U.S. \n        Customs and Border Protection.\n    ``(d) Period of Performance.--The Secretary shall award grants \nunder this section to grant recipients for a period of not less than 36 \nmonths.\n    ``(e) Report.--For each of the fiscal years 2018 through 2022, the \nAdministrator shall submit to the Committee on Homeland Security and \nGovernmental Affairs of the Senate and the Committee on Homeland \nSecurity of the House of Representatives a report that contains \ninformation on the expenditure of grants made under this section by \neach grant recipient.\n    ``(f) Authorization of Appropriations.--There is authorized to be \nappropriated $110,000,000 for each of fiscal years 2018 through 2022 \nfor grants under this section.''.\n    (b) Conforming Amendment.--Subsection (a) of section 2002 of the \nHomeland Security Act of 2002 (6 U.S.C. 603) is amended to read as \nfollows:\n    ``(a) Grants Authorized.--The Secretary, through the Administrator, \nmay award grants under sections 2003, 2004, and 2009 to State, local, \nand tribal governments, as appropriate.''.\n    (c) Clerical Amendment.--The table of contents in section 1(b) of \nthe Homeland Security Act of 2002 is amended by inserting after the \nitem relating to section 2008 the following new item:\n\n``Sec. 2009. Operation Stonegarden.''.\n\nSEC. 202. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS GRANT.\n\n    (a) In General.--The Secretary, in consultation with the Governors \nof the States located on the southern border, shall establish a two-\nyear grant program to improve emergency communications in the southern \nborder region.\n    (b) Eligibility for Grants.--An individual is eligible for a grant \nunder this section if the individual demonstrates that the individual--\n            (1) regularly resides or works in a State on the southern \n        border; and\n            (2) is at greater risk of border violence due to a lack of \n        cellular and LTE network service at the individual's residence \n        or business and the individual's proximity to the southern \n        border.\n    (c) Use of Grants.--Grants awarded under this section may be used \nto purchase satellite telephone communications systems and services \nthat--\n            (1) can provide access to 9-1-1 service; and\n            (2) are equipped with receivers for the Global Positioning \n        System.","title":""}
+{"_id":"c376","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Senior Citizens' Freedom to Work \nAct''.\n\nSEC. 2. ADJUSTMENTS IN MONTHLY EXEMPT AMOUNT FOR PURPOSES OF THE SOCIAL \n              SECURITY EARNINGS TEST.\n\n    (a) Increase in Monthly Exempt Amount for Individuals Who Have \nAttained Retirement Age.--\n            (1) In general.--Section 203(f)(8)(D) of the Social \n        Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read as \n        follows:\n            ``(D)(i) Notwithstanding any other provision of this \n        subsection, the exempt amount which is applicable to an \n        individual who has attained retirement age (as defined in \n        section 216(l)) before the close of the taxable year involved \n        shall be--\n                    ``(I) $1,208.33\\1\/3\\ for each month of any taxable \n                year ending after 1995 and before 1997,\n                    ``(II) $1,416.66\\2\/3\\ for each month of any taxable \n                year ending after 1996 and before 1998,\n                    ``(III) $1,666.66\\2\/3\\ for each month of any \n                taxable year ending after 1997 and before 1999,\n                    ``(IV) $1,875.00 for each month of any taxable year \n                ending after 1998 and before 2000,\n                    ``(V) $2,083.33\\1\/3\\ for each month of any taxable \n                year ending after 1999 and before 2001,\n                    ``(VI) $2,291.66\\2\/3\\ for each month of any taxable \n                year ending after 2000 and before 2002, and\n                    ``(VII) $2,500.00 for each month of any taxable \n                year ending after 2001 and before 2003.''.\n            (2) Increased amounts subject to present law cost-of-living \n        adjustment after 2002.--Section 203(f)(8)(D) of such Act (42 \n        U.S.C. 403(f)(8)(D)), as amended by paragraph (1), is amended \n        by adding at the end the following new clause:\n            ``(ii) For purposes of this paragraph, the increase in the \n        exempt amount provided under clause (i)(VII) shall be deemed to \n        have resulted from a determination which shall be deemed to \n        have been made under subparagraph (A) in 2001.''.\n            (3) Conforming amendment.--The second sentence of section \n        223(d)(4)(A) of such Act (42 U.S.C. 423(d)(4)(A)) is amended by \n        striking ``the exempt amount under section 203(f)(8) which is \n        applicable to individuals described in subparagraph (D) \nthereof'' and inserting the following: ``an amount equal to the exempt \namount which would have been applicable under section 203(f)(8), to \nindividuals described in subparagraph (D) thereof, if the amendments \nmade to such section by the Senior Citizens' Freedom to Work Act had \nnot been enacted''.\n            (4) Effective date of subsection.--The amendments made by \n        this subsection shall apply with respect to taxable years \n        beginning after 1995.\n    (b) Compensation of Trust Fund for Increased Outlays.--\n            (1) In general.--Section 201(d) of the Social Security Act \n        (42 U.S.C. 401(d)) is amended--\n                    (A) by inserting ``(1)'' after ``(d)'';\n                    (B) in the fifth sentence, by striking ``shall bear \n                interest'' and inserting ``shall (subject to paragraph \n                (2)) bear interest''; and\n                    (C) by adding at the end the following new \n                paragraph:\n    ``(2) In the case of the Federal Old-Age and Survivors Insurance \nTrust Fund, the Managing Trustee shall increase the rate of interest \n(otherwise specified in the fifth sentence of paragraph (1)) which is \nto be borne by obligations referred to in the fourth sentence of \nparagraph (1) issued after September 30, 1995, and before October 1, \n2002, by .25 percent point for each fiscal year beginning after \nSeptember 30, 1995, and before October 1, 2002. For purposes of this \nparagraph, any obligation in which any portion of such Trust Fund is \ninvested which was issued before October 1, 1995, shall be deemed to \nhave matured on September 30, 1995, and to have been reissued on \nOctober 1, 1995, with the same maturation date and same rate of \ninterest (subject to the increase provided under this paragraph).''.\n            (2) Effective date of subsection.--The amendments made by \n        this subsection shall apply with respect to obligations issued \n        after December 31, 1995.\n    (c) Additional Offsets.--\n            (1) In general.--Notwithstanding any other provision of \n        law, each nonexempt account within the discretionary spending \n        category for each of the fiscal years 1996 through 2002 shall \n        be reduced, if necessary, by the uniform percentage necessary \n        to offset the Federal Old-Age and Survivors Insurance Trust \n        Fund shortfall resulting from the amendments made to section \n        203(f)(8) of the Social Security Act by the Senior Citizens' \n        Freedom to Work Act.\n            (2) Effective date.--The reductions required by this \n        subsection shall be implemented pursuant to a Presidential \n        order as provided for a sequester to eliminate a budget-year \n        breach under section 251 of the Balanced Budget and Deficit \n        Control Act of 1985. The reductions required by this subsection \n        shall be in addition to any reductions required by section 251 \n        of the Balanced Budget and Deficit Control Act of 1985.\n    (d) Report by GAO.--Not later than the date which is 2 years after \nthe date of the enactment of this Act, the Comptroller General of the \nUnited States shall report to the Congress regarding an analysis of the \ndynamic effect of the reform of the social security earnings limit \nunder section 203(f)(8) of the Social Security Act, as provided by \nsubsection (a) of this section, and a calculation of the reform's true \neffect on the Federal budget.","title":""}
+{"_id":"c377","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Senior Safe Corridors Act''.\n\nSEC. 2. STATEMENT OF PURPOSE.\n\n    The purpose of this Act is to fund programs that establish \ncorridors of safety for senior citizens in crime-troubled areas.\n\nSEC. 3. GRANTS PROGRAMS TO ESTABLISH CORRIDORS OF SAFETY FOR SENIOR \n              CITIZENS.\n\n    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 \n(42 U.S.C. 3711 et seq.) is amended--\n            (1) by redesignating part Q as part R;\n            (2) by redesignating section 1701 as section 1801; and\n            (3) by inserting after part P the following new part:\n\n   ``PART Q--PROGRAMS TO ESTABLISH SAFE CORRIDORS FOR SENIOR CITIZENS\n\n``SEC. 1701. GRANT AUTHORIZATION.\n\n    ``(a) In General.--The Director of the Bureau of Justice Assistance \nmay make grants under this part to States, and to units of local \ngovernment with populations of more than 100,000 individuals, to fund \nprograms that create corridors of safety for senior citizens in high-\ndensity senior citizen areas.\n    ``(b) Uses of Funds.--Funds distributed under this part shall be \nused to fund programs that seek to decrease violent crimes against \nsenior citizens by increasing the numbers, protective presence, and \nwatchfulness of police, community group members, and others, and the \nwatchfulness of business owners and employees, in high-density senior \ncitizen areas. Programs may include escorting senior citizens.\n\n``SEC. 1702. APPLICATIONS.\n\n    ``(a) In General.--To request a grant under this part, a State, or \na unit of local government with a population of more than 100,000 \nindividuals, shall submit an application to the Director in the form \nand containing the information that the Director reasonably requires.\n    ``(b) Approval.--The Director shall approve or disapprove each \napplication made under subsection (a) within 60 days after the date \nthat the application is received by the Bureau of Justice Assistance.\n\n``SEC. 1703. CRITERIA.\n\n    ``(a) Criteria.--In order to receive a grant under this part, an \napplicant shall--\n            ``(1) demonstrate that there is significant violent crime \n        against senior citizens in the high-density senior citizen \n        areas that will be affected by the applicant's program;\n            ``(2) state the number of senior citizens who will be \n        served by the applicant's program, and define which individuals \n        will be considered senior citizens for purposes of the program;\n            ``(3) describe the manner in which the applicant, including \n        the applicant's local governments and police, will involve \n        other sectors of the community, including local businesses, \n        community groups, religious institutions, and law enforcement \n        personnel such as transit and public housing officers, in the \n        applicant's program; and\n            ``(4) comply with any other requirement established by the \n        Director for purposes of this section.\n    ``(b) Application of Criteria.--\n            ``(1) In general.--The Director shall determine which \n        applicants receive funding under this part based on the \n        criteria referred to in subsection (a).\n            ``(2) Priority.--If 2 applicants demonstrate equal need \n        under the criteria referred to in paragraphs (1), (2), and (4) \n        of subsection (a), the applicant whose proposed program shows \n        the greatest amount and diversity of community involvement, as \n        described in paragraph (3) of such subsection, shall be given \n        priority in receiving a grant under this part.\n\n``SEC. 1704. LIMIT ON AMOUNT OF GRANT.\n\n    ``(a) In General.--The amount of a grant made under this part may \nnot exceed 75 percent of the total costs, for the period for which the \ngrant is received, of the program funded by the grant.\n    ``(b) Waiver of Requirement.--The Director may waive the \nrequirement of subsection (a) for a grant made to an applicant that is \na unit of local government, if the Director finds that--\n            ``(1) the applicant has a compelling need for the program \n        for which it is applying for funding under this part; and\n            ``(2) the applicant has severe financial problems.\n\n``SEC. 1705. REPORTS BY GRANT RECIPIENTS.\n\n    ``(a) In General.--A State or unit of local government that \nreceives funding for a program under this part shall submit, by a \ndeadline established by the Director, an annual report for each fiscal \nyear for which the funding is received, containing any information the \nDirector may require regarding the program.\n    ``(b) Evaluation of Effect on Crime.--The report required by \nsubsection (a) with respect to any program shall include an evaluation \nof the effect of the program on violent crime against senior citizens \nin the high-density senior citizen areas in which the program operates.\n    ``(c) Use of Grant Funds for Report.--A State or unit of local \ngovernment may spend not more than 2 percent of the funds received \nunder this part to compile the report required by subsection (a), or to \notherwise comply with subsections (a) and (b).\n\n``SEC. 1706. DEFINITIONS.\n\n    ``For purposes of this part:\n            ``(1) The term `applicant' means a State, or a unit of \n        local government with a population of over 100,000 individuals, \n        that applies for a grant under this part.\n            ``(2) The term `Director' means the Director of the Bureau \n        of Justice Assistance.\n            ``(3) The term `high-density senior citizen area' means an \n        area inside, surrounding, or adjacent to facilities or services \n        that specialize in availability to senior citizens, such as a \n        senior citizen program at a community center, a public housing \n        authority or private senior citizen apartment complex, or a \n        medical practice providing care to senior citizens.\n            ``(4) The term `program' means a program described in \n        section 1701(b).''.\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n    (a) In General.--Section 1001(a) of the Omnibus Crime Control and \nSafe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at \nthe end the following new paragraph:\n            ``(11) There are authorized to be appropriated, to carry \n        out part Q, $50,000,000 for fiscal year 1995 and such sums as \n        may be necessary for each of the fiscal years 1996 through \n        1998.''.\n    (b) Technical Amendment.--Section 1001(a)(3) of the Omnibus Crime \nControl and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended by \nstriking ``and O'' and inserting ``O, and Q''.\n\nSEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.\n\n    (a) Evaluation of Programs.--Section 801(b) of the Omnibus Crime \nControl and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by \nstriking ``and O'' and inserting ``O, and Q''.\n    (b) Process for Denied Applications.--Section 802(b) of the Omnibus \nCrime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is \namended in the 1st sentence by striking ``or O'' and inserting ``O, or \nQ''.\n    (c) Table of Contents.--The table of contents of title I of the \nOmnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 \nprec.) is amended by striking the items relating to part Q and \ninserting the following new items:\n\n   ``Part Q--Programs To Establish Safe Corridors for Senior Citizens\n\n        ``Sec. 1701. Grant authorization.\n        ``Sec. 1702. Applications.\n        ``Sec. 1703. Criteria.\n        ``Sec. 1704. Limit on amount of grant.\n        ``Sec. 1705. Reports by grant recipients.\n        ``Sec. 1706. Definitions.\n             ``Part R--Transition--Effective Date--Repealer\n\n        ``Sec. 1801. Continuation of rules, authorities, and \n                            proceedings.''.","title":""}
+{"_id":"c378","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Senior$afe Act of 2015''.\n\nSEC. 2. IMMUNITY.\n\n    (a) Definitions.--In this Act--\n            (1) the term ``bank'' has the meaning given the term in \n        section 202(a) of the Investment Advisers Act of 1940 (15 \n        U.S.C. 80b-2(a));\n            (2) the term ``broker-dealer'' means--\n                    (A) a broker, as defined in section 3(a) of the \n                Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); or\n                    (B) a dealer, as defined in section 3(a) of the \n                Securities Exchange Act of 1934 (15 U.S.C. 78c(a));\n            (3) the term ``covered agency'' means--\n                    (A) a State financial regulatory agency;\n                    (B) each of the Federal financial institutions \n                regulatory agencies;\n                    (C) a law enforcement agency; and\n                    (D) the adult protective services agency of a \n                State;\n            (4) the term ``covered financial institution'' means--\n                    (A) a bank;\n                    (B) a credit union;\n                    (C) an investment adviser; and\n                    (D) a broker-dealer;\n            (5) the term ``credit union'' has the meaning given the \n        term in section 2 of the Dodd-Frank Wall Street Reform and \n        Consumer Protection Act (12 U.S.C. 5301);\n            (6) the term ``exploitation'' has the meaning given the \n        term in section 2011 of the Social Security Act (42 U.S.C. \n        1397j);\n            (7) the term ``Federal financial institutions regulatory \n        agencies'' has the meaning given the term in section 1003 of \n        the Federal Financial Institutions Examination Council Act of \n        1978 (12 U.S.C. 3302);\n            (8) the term ``investment adviser'' has the meaning given \n        the term in section 202 of the Investment Advisers Act of 1940 \n        (15 U.S.C. 80b-2); and\n            (9) the term ``senior citizen'' means an individual who is \n        not less than 65 years of age.\n    (b) Immunity From Suit.--\n            (1) Immunity for individuals.--Notwithstanding section 502 \n        of the Gramm-Leach-Bliley Act (15 U.S.C. 6802), including any \n        regulations adopted thereunder, an individual who has received \n        the training described in section 3 shall not be liable, \n        including in any civil or administrative proceeding, for \n        disclosing the possible exploitation of a senior citizen to a \n        covered agency if the individual, at the time of the \n        disclosure--\n                    (A) served as a supervisor, compliance officer, or \n                legal advisor for a covered financial institution; and\n                    (B) made the disclosure--\n                            (i) in good faith; and\n                            (ii) with reasonable care.\n            (2) Immunity for covered financial institutions.--\n        Notwithstanding section 502 of the Gramm-Leach-Bliley Act (15 \n        U.S.C. 6802), including any regulations adopted thereunder, a \n        covered financial institution shall not be liable, including in \n        any civil or administrative proceeding, for a disclosure made \n        by an individual described in paragraph (1) if--\n                    (A) the individual was employed by the covered \n                financial institution at the time of the disclosure; \n                and\n                    (B) before the time of the disclosure, the covered \n                financial institution provided the training described \n                in section 3 to each officer or employee of the covered \n                financial institution described in section 3(a).\n\nSEC. 3. TRAINING REQUIRED.\n\n    (a) In General.--A covered financial institution may provide \ntraining regarding the identification and reporting of the suspected \nexploitation of a senior citizen to each officer or employee of the \ncovered financial institution who--\n            (1) is described in section 2(b)(1)(A);\n            (2) may come into contact with a senior citizen as a \n        regular part of the duties of the officer or employee; or\n            (3) may review or approve the financial documents, records, \n        or transactions of a senior citizen in connection with \n        providing financial services to a senior citizen.\n    (b) Training.--The training required under subsection (a) shall be \nprovided as soon as reasonably practicable but not more than 12 months \nafter the date on which an officer or employee begins employment with \nthe covered financial institution.\n\nSEC. 4. PREEMPTION.\n\n    Nothing in this Act shall be construed to preempt or limit any \nprovision of State law, to the extent that any provision of State law \nprovides a similar or greater level of protection against liability to \nan individual described in section 2(b)(1) or a covered financial \ninstitution described in section 2(b)(2) than is provided under those \nsections.","title":""}
+{"_id":"c379","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Seniors Financial Fraud Prevention \nAct of 2010''.\n\nSEC. 2. OFFICE FOR THE PREVENTION OF FRAUD TARGETING SENIORS.\n\n    (a) Establishment of Office.--The Federal Trade Commission shall \nestablish a separate office within the Commission for the purpose of \npreventing fraud targeting seniors and to assist the Commission with \nthe following:\n            (1) Oversight.--The office shall monitor the market for \n        mail, telemarketing, television, and Internet fraud targeting \n        seniors and shall coordinate with other relevant agencies \n        regarding the requirements of this section.\n            (2) Consumer education.--The Federal Trade Commission \n        through the office shall, after consultation with the Attorney \n        General, the Secretary of Health and Human Services, the \n        Postmaster General, and the Chief Postal Inspector for the \n        United States Postal Inspection Service--\n                    (A) disseminate to seniors and families and \n                caregivers of seniors general information on mail, \n                telemarketing, television, and Internet fraud targeting \n                seniors, including descriptions of the most common \n                fraud schemes;\n                    (B) disseminate to seniors and families and \n                caregivers of seniors information on means of referring \n                complaints of fraud targeting seniors to appropriate \n                law enforcement agencies, including the Director of the \n                Federal Bureau of Investigation, the attorneys general \n                of the States, and a national toll-free telephone \n                number for reporting mail, telemarketing, television, \n                and Internet fraud established by the Federal Trade \n                Commission;\n                    (C) in response to a specific request about a \n                particular entity or individual, provide publicly \n                available information on any record of civil or \n                criminal law enforcement action for mail, \n                telemarketing, television, or Internet fraud against \n                such entity; and\n                    (D) maintain a website to serve as a resource for \n                information for seniors and families and caregivers of \n                seniors regarding mail, telemarketing, television, and \n                Internet fraud targeting seniors.\n            (3) Complaints.--The Federal Trade Commission through the \n        office shall, after consultation with the Attorney General, \n        establish procedures to--\n                    (A) log and acknowledge the receipt of complaints \n                by individuals who certify that they have a reasonable \n                belief that they have been the victim of fraud in \n                connection with the conduct of mail, telemarketing (as \n                that term is defined in section 2325 of title 18, \n                United States Code), television, and Internet;\n                    (B) provide to individuals described in \n                subparagraph (A), and to any other persons, information \n                on mail, telemarketing, television, and Internet fraud, \n                including--\n                            (i) general information on mail, \n                        telemarketing, television, and Internet fraud, \n                        including descriptions of the most common mail, \n                        telemarketing, television, and Internet fraud \n                        schemes;\n                            (ii) information on means of referring \n                        complaints on mail, telemarketing, television, \n                        and Internet fraud to appropriate law \n                        enforcement agencies, including the Director of \n                        the Federal Bureau of Investigation and the \n                        Attorney General; and\n                            (iii) information, if available, on the \n                        number of complaints of mail, telemarketing, \n                        television, and Internet fraud against \n                        particular companies and any record of \n                        convictions for mail, telemarketing, \n                        television, and Internet fraud by particular \n                        companies for which a specific request has been \n                        made; and\n                    (C) refer complaints described in subparagraph (A) \n                to appropriate entities, including State consumer \n                protection agencies or entities and appropriate law \n                enforcement agencies, for potential law enforcement \n                action.\n    (b) Commencement.--The Federal Trade Commission shall commence \ncarrying out the requirements of this section not later than one year \nafter the date of enactment of this Act.","title":""}
+{"_id":"c38","text":"SECTION 1. FUEL ECONOMY TAX CREDIT.\n\n    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 25E the following new section:\n\n``SEC. 25E. FUEL ECONOMY TAX CREDIT.\n\n    ``(a) Allowance of Credit.--In the case of an individual, there \nshall be allowed as a credit against the tax imposed by this chapter \nfor the taxable year an amount equal to the product of--\n            ``(1) $100, multiplied by\n            ``(2) each mile per gallon (or portion thereof) for which \n        the mile per gallon highway rating of a qualified vehicle \n        placed in service by the taxpayer during the taxable year \n        exceeds the CAFE standard applicable to such vehicle.\n    ``(b) Limitations.--\n            ``(1) Limitation based on fuel efficiency.--In the case of \n        any vehicle for which the mile per gallon highway rating \n        exceeds 50 miles per gallon, paragraph (2) shall be applied by \n        treating the the mile per gallon highway rating of such vehicle \n        as 50 miles per gallon.\n            ``(2) Limitation based on adjusted gross income.--The \n        amount of the credit allowed by subsection (a) (determined \n        without regard to this subsection) shall be reduced (but not \n        below zero) by 5 percent for each $1,000 (or fraction thereof) \n        by which the taxpayer's adjusted gross income exceeds $150,000.\n    ``(c) Definitions.--For purposes of this section--\n            ``(1) Highway rating of qualified vehicle.--The highway \n        rating of a qualified vehicle shall be the rating determined by \n        the Secretary of Transportation for such vehicle.\n            ``(2) Qualified vehicle.--The term `qualified vehicle' \n        means a motor vehicle which is a passenger automobile or a \n        light truck--\n                    ``(A) the original use of which commences with the \n                taxpayer,\n                    ``(B) which is acquired for use or lease by the \n                taxpayer and not for resale, and\n                    ``(C) which is made by a manufacturer.\n            ``(3) CAFE standard.--The term `CAFE standard' means the \n        average fuel economy level established under chapter 329 of \n        title 49, United States Code.\n            ``(4) Motor vehicle.--The term `motor vehicle' has the \n        meaning given such term by section 30(c)(2).\n            ``(5) Other terms.--The terms `passenger automobile', \n        `light truck', and ``manufacturer'' have the meanings given \n        such terms in regulations prescribed by the Administrator of \n        the Environmental Protection Agency for purposes of the \n        administration of title II of the Clean Air Act (42 U.S.C. 7521 \n        et seq.).\n    ``(d) Special Rules.--\n            ``(1) Reduction in basis.--For purposes of this subtitle, \n        the basis of any property for which a credit is allowable under \n        subsection (a) shall be reduced by the amount of such credit so \n        allowed (determined without regard to subsection (g)).\n            ``(2) No double benefit.--The amount of any deduction or \n        other credit allowable under this chapter for the taxable year \n        with respect to any vehicle shall be reduced by the amount of \n        credit allowed under subsection (a) for such vehicle for the \n        taxable year.\n            ``(3) Property used outside united states, etc., not \n        qualified.--No credit shall be allowable under subsection (a) \n        with respect to any property referred to in section 50(b)(1) or \n        with respect to the portion of the cost of any property taken \n        into account under section 179.\n            ``(4) Recapture.--The Secretary shall, by regulations, \n        provide for recapturing the benefit of any credit allowable \n        under subsection (a) with respect to any property which ceases \n        to be property eligible for such credit (including recapture in \n        the case of a lease period of less than the economic life of a \n        vehicle).\n            ``(5) Election to not take credit.--No credit shall be \n        allowed under subsection (a) for any vehicle if the taxpayer \n        elects to not have this section apply to such vehicle.''.\n    (b) Clerical Amendment.--The table of sections for subpart A of \npart IV of subchapter A of chapter 1 of such Code is amended by \ninserting after the item relating to section 25D the following new \nitem:\n\n``Sec. 25E. Fuel economy tax credit.''.\n    (c) Termination of Alternative Motor Vehicle Credit.--Subsection \n(j) of section 30B of the Internal Revenue Code of 1986 is amended to \nread as follows:\n    ``(j) Termination.--This section shall not apply to any property \npurchased after the date of the enactment of this subsection.''.\n    (d) Effective Date.--The amendments made by this section shall \napply to vehicles placed in service after the date of the enactment of \nthis Act in taxable years ending after such date.","title":""}
+{"_id":"c380","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Seniors Real Property Tax Relief Act \nof 1998''.\n\nSEC. 2. ALLOWANCE OF DEDUCTION FOR STATE AND LOCAL REAL PROPERTY TAXES \n              TO CERTAIN SENIORS WHO DO NOT ITEMIZE THEIR DEDUCTIONS.\n\n    (a) In General.--Subsection (a) of section 62 of the Internal \nRevenue Code of 1986 (relating to definition of adjusted gross income) \nis amended by adding at the end the following new paragraph:\n            ``(18) Real property taxes of eligible senior taxpayers.--\n                    ``(A) In general.--In the case of an eligible \n                senior taxpayer, the deduction for State and local real \n                property taxes (within the meaning of section 164).\n                    ``(B) Limitation.--Subparagraph (A) shall apply \n                only to the portion of State and local real property \n                taxes which exceeds the aggregate amount distributed \n                for the taxable year from the senior citizen real \n                property tax account (as defined by section 222). The \n                preceding sentence shall not apply to a distribution \n                described in paragraph (3), (4), or (5) of section \n                222(e).\n                    ``(C) Eligible senior taxpayer defined.--For \n                purposes of subparagraph (A), the term `eligible senior \n                taxpayer' means a taxpayer--\n                            ``(i) who is not married or is married \n                        filing a separate return and--\n                                    ``(I) who has attained age 65 \n                                before the close of his taxable year, \n                                and\n                                    ``(II) whose modified adjusted \n                                gross income for such taxable year does \n                                not exceed $30,000, or\n                            ``(ii) who is filing a joint return or is a \n                        surviving spouse (as defined in section 2(a)) \n                        and--\n                                    ``(I) with respect to whom 1 of the \n                                spouses has attained age 65 before the \n                                close of the taxpayer's taxable year, \n                                and\n                                    ``(II) whose modified adjusted \n                                gross income for such taxable year does \n                                not exceed $60,000.\n                    ``(D) Modified adjusted gross income.--For purposes \n                of subparagraph (C), the term `modified adjusted gross \n                income' means the adjusted gross income of the taxpayer \n                for the taxable year determined--\n                            ``(i) without regard to sections 911, 931, \n                        and 933, and\n                            ``(ii) after the application of sections \n                        86, 469, 219, 220, and 222.\n                    ``(E) Inflation adjustment.--\n                            ``(i) In general.--In the case of a taxable \n                        year beginning after December 31, 1999, each of \n                        the dollar amounts in subparagraphs (C)(i)(II) \n                        and (C)(ii)(II) shall be increased by an amount \n                        equal to--\n                                    ``(I) such dollar amount, \n                                multiplied by\n                                    ``(II) the cost-of-living \n                                adjustment determined under section \n                                1(f)(3) for the calendar year in which \n                                the taxable year begins, determined by \n                                substituting `calendar year 1998' for \n                                `calendar year 1992' in subparagraph \n                                (B) thereof.\n                            ``(ii) Rounding.--If any amount as adjusted \n                        under clause (i) is not a multiple of $100 such \n                        amount shall be rounded to the next lowest \n                        multiple of $100.''.\n    (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 3. SENIOR CITIZEN REAL PROPERTY TAX ACCOUNTS.\n\n    (a) In General.--Part VII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to additional itemized \ndeductions for individuals) is amended by redesignating section 222 as \nsection 223 and by inserting after section 221 the following new \nsection:\n\n``SEC. 222. SENIOR CITIZEN REAL PROPERTY TAX ACCOUNTS.\n\n    ``(a) Deduction Allowed.--In the case of an individual, there shall \nbe allowed as a deduction for the taxable year an amount equal to the \ncash contributions made for such taxable year to a senior citizen real \nproperty tax account maintained for the benefit of such individual.\n    ``(b) Maximum Amount of Deduction.--The amount allowable as a \ndeduction under subsection (a) to any individual for any taxable year \nshall not exceed $2,000.\n    ``(c) Definitions.--For purposes of this section--\n            ``(1) Senior citizen real property tax account.--The term \n        `senior citizen real property tax account' means a trust \n        created or organized in the United States exclusively for the \n        purpose of paying the qualified property tax expenses of the \n        account beneficiary of the trust, but only if the trust is \n        designated as a senior citizen real property tax account at the \n        time created or organized and the written governing instrument \n        creating the trust meets the following requirements:\n                    ``(A) No contribution (other than a rollover \n                contribution described in subsection (e)(5)) will be \n                accepted--\n                            ``(i) unless it is in cash,\n                            ``(ii) in excess of $2,000 for the taxable \n                        year, or\n                            ``(iii) after the date on which such \n                        beneficiary attains age 59\\1\/2\\.\n                    ``(B) The trustee is a bank (as defined in section \n                408(n)) or another person who demonstrates to the \n                satisfaction of the Secretary that the manner in which \n                that person will administer the trust will be \n                consistent with the requirements of this section or who \n                has so demonstrated with respect to any individual \n                retirement plan.\n                    ``(C) No part of the trust assets will be invested \n                in life insurance contracts.\n                    ``(D) The assets of the trust shall not be \n                commingled with other property except in a common trust \n                fund or common investment fund.\n            ``(2) Qualified property tax expenses.--\n                    ``(A) In general.--The term `qualified property tax \n                expenses' means State and local, and foreign, real \n                property taxes imposed on the account beneficiary \n                (determined in accordance with section 164) with \n                respect to the principal residence (within the meaning \n                of section 121) of such beneficiary. Such term shall \n                not include taxes imposed for any real property tax \n                period ending before the date such beneficiary attains \n                age 59\\1\/2\\.\n                    ``(B) Jointly held property.--In the case of any \n                residence which is held as joint tenants, tenants by \n                the entirety, or community property by individuals who \n                are married to each other, if one spouse satisfies the \n                age requirement of subparagraph (A), then both spouses \n                shall be treated as satisfying such requirement.\n            ``(3) Account beneficiary.--The term `account beneficiary' \n        means the individual for whose benefit the senior citizen real \n        property tax account was established.\n            ``(4) Certain rules to apply.--Rules similar to the \n        following rules shall apply for purposes of this section:\n                    ``(A) Section 219(d)(2) (relating to no deduction \n                for rollovers).\n                    ``(B) Section 219(f)(3) (relating to time when \n                contributions deemed made).\n                    ``(C) Section 408(d)(6) (relating to transfer of \n                account incident to divorce).\n                    ``(D) Section 408(g) (relating to community \n                property laws).\n                    ``(E) Section 408(h) (relating to custodial \n                accounts).\n    ``(d) Tax Treatment of Accounts.--\n            ``(1) In general.--A senior citizen real property tax \n        account is exempt from taxation under this subtitle unless such \n        account has ceased to be such an account. Notwithstanding the \n        preceding sentence, any such account is subject to the taxes \n        imposed by section 511 (relating to imposition of tax on \n        unrelated business income of charitable, etc. organizations).\n            ``(2) Account terminations.--Rules similar to the rules of \n        paragraphs (2) and (4) of section 408(e) shall apply to senior \n        citizen real property tax accounts, and any amount treated as \n        distributed under such rules shall be treated as not used to \n        pay qualified property tax expenses.\n    ``(e) Tax Treatment of Distributions.--\n            ``(1) In general.--If any distribution is made from a \n        senior citizen real property tax account during the taxable \n        year, the account beneficiary's tax imposed by this chapter for \n        such taxable year shall be increased by an amount equal to--\n                    ``(A) 50 percent of any such distribution which is \n                made before the date the account beneficiary attains \n                age 59\\1\/2\\, and\n                    ``(B) 25 percent of any such distribution which is \n                made on or after such date.\n        The increase in tax under the preceding sentence shall be in \n        lieu of any inclusion in gross income.\n            ``(2) Amounts used for qualified property tax expenses.--\n                    ``(A) In general.--Paragraph (1) shall not apply to \n                the extent that the aggregate distributions during the \n                taxable year from the senior citizen real property tax \n                accounts of the account beneficiary do not exceed the \n                aggregate qualified property tax expenses of such \n                beneficiary for such year.\n                    ``(B) Exclusion from gross income.--Gross income \n                shall not include any distribution excluded from \n                paragraph (1) by reason of subparagraph (A).\n            ``(3) Treatment after death of account beneficiary; \n        disability.--Paragraph (1) shall not apply to a distribution--\n                    ``(A) which is made by reason of the death of the \n                account beneficiary and is made (either directly or by \n                the estate of such beneficiary) to any senior citizen \n                real property tax account or individual retirement plan \n                of any individual, or\n                    ``(B) which is attributable to the account \n                beneficiary's being disabled (within the meaning of \n                section 72(m)(7)).\n        In the case of a distribution which is made by reason of the \n        death of the account beneficiary and to which paragraph (1) \n        applies after the application of the preceding sentence, the \n        tax on such distribution shall be determined under paragraph \n        (1)(A).\n            ``(4) Excess contributions returned before the due date of \n        return.--\n                    ``(A) In general.--If any excess contribution is \n                contributed for a taxable year to a senior citizen real \n                property tax account of an individual, paragraph (1) \n                shall not apply to distributions from the senior \n                citizen real property tax accounts of such individual \n                (to the extent such distributions do not exceed the \n                aggregate excess contributions to all such accounts of \n                such individual for such year) if--\n                            ``(i) such distribution is received by the \n                        individual on or before the last day prescribed \n                        by law (including extensions of time) for \n                        filing such individual's return for such \n                        taxable year, and\n                            ``(ii) such distribution is accompanied by \n                        the amount of net income attributable to such \n                        excess contribution.\n                Any net income described in clause (ii) shall be \n                included in the gross income of the individual for the \n                taxable year in which it is received.\n                    ``(B) Excess contribution.--For purposes of \n                subparagraph (A), the term `excess contribution' means \n                any contribution (other than a rollover contribution) \n                that is not deductible under this section.\n            ``(5) Rollover contribution.--An amount is described in \n        this paragraph as a rollover contribution if it meets the \n        requirements of subparagraphs (A) and (B).\n                    ``(A) In general.--Paragraph (1) shall not apply to \n                any amount distributed from a senior citizen real \n                property tax account to the account beneficiary to the \n                extent the amount received is paid into a senior \n                citizen real property tax account for the benefit of \n                such beneficiary not later than the 60th day after the \n                day on which the beneficiary receives the payment or \n                distribution.\n                    ``(B) Limitation.--This paragraph shall not apply \n                to any amount described in subparagraph (A) received by \n                an individual from a senior citizen real property tax \n                account if, at any time during the 1-year period ending \n                on the day of such receipt, such individual received \n                any other amount described in subparagraph (A) from a \n                senior citizen real property tax account which was not \n                includible in the individual's gross income because of \n                the application of this paragraph.\n    ``(f) Special Rules.--\n            ``(1) Married individuals.--The maximum deduction under \n        subsection (b) shall be computed separately for each \n        individual.\n            ``(2) Time when contributions deemed made.--For purposes of \n        this section, a taxpayer shall be deemed to have made a \n        contribution to a senior citizen real property tax account on \n        the last day of the preceding taxable year if the contribution \n        is made on account of such taxable year and is made not later \n        than the time prescribed by law for filing the return for such \n        taxable year (not including extensions thereof).\n    ``(g) Reports.--The Secretary may require the trustee of a senior \ncitizen real property tax account to make such reports regarding such \naccount to the Secretary and to the account beneficiary with respect to \ncontributions, distributions, and such other matters as the Secretary \ndetermines appropriate. The reports required by this subsection shall \nbe filed at such time and in such a manner and furnished to such \nindividuals at such time and in such manner as may be required by the \nSecretary.''.\n    (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other \nDeductions.--Subsection (a) of section 62 of such Code, as amended by \nsection 2, is amended by inserting after paragraph (18) the following \nnew paragraph:\n            ``(19) Senior citizen real property tax accounts.--The \n        deduction allowed by section 222.''.\n    (c) Tax on Prohibited Transactions.--\n            (1) In general.--Paragraph (1) of section 4975(e) of such \n        Code (relating to prohibited transactions) is amended by \n        redesignating subparagraphs (E) and (F) as subparagraphs (F) \n        and (G), respectively, and by inserting after subparagraph (D) \n        the following new subparagraph:\n                    ``(E) a senior citizen real property tax account \n                described in section 222(c),''.\n            (2) Special rule.--Subsection (c) of section 4975 of such \n        Code is amended by adding at the end the following new \n        paragraph:\n            ``(6) Special rule for senior citizen real property tax \n        accounts.--The individual for whose benefit a senior citizen \n        real property tax account is established shall be exempt from \n        the tax imposed by this section with respect to any transaction \n        concerning such account (which would otherwise be taxable under \n        this section) if section 222(d)(2) applies with respect to such \n        transaction.''.\n    (d) Failure To Provide Reports on Senior Citizen Real Property Tax \naccounts.--Paragraph (2) of section 6693(a) of such Code (relating to \nfailure to provide reports on individual retirement accounts or \nannuities) is amended by redesignating subparagraphs (C) and (D) as \nsubparagraphs (D) and (E), respectively, and by inserting after \nsubparagraph (B) the following new subparagraph:\n                    ``(C) section 222(g) (relating to senior citizen \n                real property tax accounts),''.\n    (e) Tax on Excess Contributions.--\n            (1) In general.--Subsection (a) of section 4973 of such \n        Code is amended by redesignating paragraphs (3) and (4) as \n        paragraphs (4) and (5), respectively, and by inserting after \n        paragraph (2) the following new paragraph:\n            ``(3) a senior citizen real property tax account (as \n        defined in section 222(c)),''.\n            (2) Excess contributions defined.--Section 4973 of such \n        Code is amended by adding at the end the following new \n        subsection:\n    ``(g) Excess Contributions to Senior Citizen Real Property Tax \nAccounts.--For purposes of this section--\n            ``(1) In general.--In the case of senior citizen real \n        property tax accounts maintained for the benefit of any 1 \n        beneficiary, the term `excess contributions' means the amount \n        by which the amount contributed for the taxable year to such \n        accounts exceeds $2,000.\n            ``(2) Special rules.--For purposes of paragraph (1), the \n        following contributions shall not be taken into account:\n                    ``(A) Any contribution which is distributed out of \n                the senior citizen real property tax account in a \n                distribution to which section 222(e)(4) applies.\n                    ``(B) Any rollover contribution.''.\n    (f) Clerical Amendment.--The table of sections for part VII of \nsubchapter B of chapter 1 of such Code is amended by striking the last \nitem and inserting the following new items:\n\n                              ``Sec. 222. Senior citizen real property \n                                        tax accounts.\n                              ``Sec. 223. Cross reference.''.\n    (g) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.","title":""}
+{"_id":"c381","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Small Business Employment and \nEducation Enhancement Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n            (1) The authorizations of most programs providing Federal \n        aid to elementary and secondary education, and support for \n        educational research, statistics, and assessment activities, \n        including programs under the Elementary and Secondary Education \n        Act of 1965 (ESEA), the Goals 2000: Educate America Act (Goals \n        2000), the Educational Research, Development, Dissemination, \n        and Improvement Act of 1994 (ERDDIA), and the National \n        Education Statistics Act of 1994 (NESA), expired during the \n        106th Congress.\n            (2) The reauthorization of the Elementary and Secondary \n        Education Act of 1965 is likely to occur during the 107th \n        Congress.\n            (3) The programs authorized under the Elementary and \n        Secondary Education Act of 1965, the Goals 2000: Educate \n        America Act, the Educational Research, Development, \n        Dissemination, and Improvement Act of 1994, and the National \n        Education Statistics Act of 1994, constitute the majority of \n        Federal grants for elementary and secondary education.\n            (4) The business community, and small businesses in \n        particular, have an important stake in the education of our \n        Nation's youth.\n            (5) One of the most fundamental needs that any growing \n        business will ever face is the need for employees with basic \n        skills.\n            (6) Concerns have been expressed by the small business \n        community that students are not graduating with adequate basic \n        skills in reading, writing, mathematics, and science that allow \n        the students to succeed in today's workplace or become the \n        entrepreneurs of tomorrow.\n            (7) A 1999 American Management Association survey on \n        workplace testing found that--\n                    (A) approximately 36 percent of employees tested \n                for basic skills (reading, writing and mathematics) \n                were found to be deficient;\n                    (B) small businesses had deficiency rates well \n                above the national average; and\n                    (C) 60 percent of American Management Association \n                member companies reported that the availability of \n                skilled manpower was scarce, and 67 percent believe \n                that the shortages will continue.\n            (8) A 1999 National Federation of Independent Business \n        report found that 18 percent of the members reported finding \n        qualified labor is the most important problem facing their \n        business.\n            (9) A 1999 poll of the United States Chambers of Commerce \n        found that 83 percent of the members reported the ability (or \n        lack thereof) to get qualified workers is among the members' \n        biggest concerns, and 53 percent of the members said education \n        is the single most pressing public policy issue for the \n        members.\n            (10) The growth of high-skilled jobs is outpacing growth in \n        all other fields.\n            (11) Small business is the driving force behind our \n        Nation's economy.\n\nSEC. 3. SENSE OF CONGRESS.\n\n    It is the sense of Congress that--\n            (1) locally-driven initiatives to improve education are \n        crucial;\n            (2) the views of small business should be taken into \n        account in the debate over education;\n            (3) in order to create jobs, our Nation must encourage \n        small business expansion and foster small business \n        entrepreneurship and job creation, and education initiatives \n        are key to this effort;\n            (4) the Department of Education should facilitate the \n        sharing of ideas and best practices at the State and local \n        level, particularly with respect to partnerships between small \n        businesses and school systems; and\n            (5) when and where Department of Education approval of a \n        program or proposal is required, the Department of Education \n        should expedite approval of such programs or proposals.\n\nSEC. 4. INFORMATION DISSEMINATION AND SHARING.\n\n    The Secretary of Education shall disseminate information and \nfacilitate the sharing of information designed to assist small \nbusinesses in working with school systems to improve the education \nsystem through publication of guidance materials, best practices, \nchecklists, and other formats on the World Wide Web, in Department of \nEducation publications and articles, in letters, through links to other \nrelated World Wide Web sites, through public service announcements, and \nthrough other means at the Department's disposal.\n\nSEC. 5. DEPARTMENT OF EDUCATION CLEARINGHOUSE FOR INFORMATION.\n\n    The Secretary of Education shall establish a centralized database \nof materials to act as a clearinghouse for information on successful \ninitiatives and best practices regarding the involvement of small \nbusinesses in education. The clearinghouse shall receive, collect, \nprocess, assemble, and disseminate reliable information, including \ninnovative, successful activities with a proven track record at the \nState and local level.\n\nSEC. 6. OFFICE OF SMALL BUSINESS EDUCATION.\n\n    Title II of the Department of Education Organization Act (20 U.S.C. \n3411 et seq.) is amended by adding at the end the following:\n\n``SEC. 220. OFFICE OF SMALL BUSINESS EDUCATION.\n\n    ``(a) There shall be in the Department an Office of Small Business \nEducation (hereafter in this section referred to as the `Office'), to \nbe administered by the Director of Small Business Education. The \nDirector of Small Business Education shall report directly to the \nSecretary and shall perform such additional functions as the Secretary \nmay prescribe.\n    ``(b) The Director of Small Business Education, through the Office, \nshall--\n            ``(1) review the needs of small businesses and the \n        contributions the small business community may make with \n        respect to efforts to improve education;\n            ``(2) promote efforts to address the needs of small \n        businesses though education programs;\n            ``(3) work to remove impediments to partnerships between \n        school systems and small businesses; and\n            ``(4) propose solutions to education-related problems \n        facing small businesses.''.\n\nSEC. 7. TECHNICAL ASSISTANCE.\n\n    (a) In General.--The Director of the Office of Small Business \nEducation shall provide technical assistance to small businesses, small \nbusiness organizations, school systems, and communities working \ncooperatively to improve education outcomes.\n    (b) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal year 2001 and each of the 4 succeeding fiscal years.\n\nSEC. 8. TAX CREDIT FOR QUALIFIED EDUCATION OPPORTUNITY EXPENSES.\n\n    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to business-related \ncredits) is amended by adding at the end the following new section:\n\n``SEC. 45E. SMALL BUSINESS EDUCATION OPPORTUNITY CREDIT.\n\n    ``(a) General Rule.--For purposes of section 38, in the case of a \nsmall business, the small business education opportunity credit \ndetermined under this section for the taxable year is an amount equal \nto 15 percent of qualified education opportunity credit expenses paid \nor incurred by the taxpayer during the taxable year.\n    ``(b) Qualified Education Opportunity Expenses.--For purposes of \nthis section--\n            ``(1) In general.--The term `qualified education \n        opportunity expenses' means an amount paid or incurred in \n        connection with an eligible work study program, including--\n                    ``(A) administrative expenses of the taxpayer, and\n                    ``(B) remuneration paid to participants in such \n                program for services performed by such participant.\n            ``(2) Eligible work study program.--The term `eligible work \n        study program' means a written program--\n                    ``(A) approved by the appropriate State educational \n                agency, and\n                    ``(B) involving a partnership with a secondary \n                school to provide work study and internship \n                opportunities for eligible individuals.\n            ``(3) Eligible individual.--The term `eligible individual' \n        means an individual who is--\n                    ``(A) a full-time student in a secondary school, or\n                    ``(B) a full-time teacher in a secondary school.\n            ``(4) Exceptions.--Such term does not include--\n                    ``(A) expenses for which any other Federal or State \n                credit or payment is made, or\n                    ``(B) expenses paid or incurred for a professional \n                conference or for an orientation program.\n    ``(c) Definitions; Special Rules.--\n            ``(1) Secondary school.--For purposes of this section, the \n        term `secondary school' has the meaning given such term by \n        section 14101 of the Elementary and Secondary Education Act of \n        1965 (20 U.S.C. 8801), as in effect on the date of enactment of \n        this section.\n            ``(2) Special rules.--Rules similar to the rules of \n        subsections (c), (d), and (e) of section 52 shall apply for \n        purposes of this section.\n            ``(3) Aggregation rules.--All persons treated as a single \n        employer under subsection (a) or (b) of section 52 or \n        subsection (m) or (o) of section 414 shall be treated as one \n        person for purposes of subsection (a).\n    ``(d) Denial of Double Benefit.--No deduction or credit shall be \nallowed under this chapter (other than a credit under this section) for \nany amount taken into account in determining the credit under this \nsection.''.\n    (b) Limitation on Carryback.--Section 39(d) of the Internal Revenue \nCode of 1986 (relating to transition rules) is amended by adding at the \nend the following new paragraph:\n            ``(10) No carryback of small business education opportunity \n        credit before effective date.--No portion of the unused \n        business credit for any taxable year which is attributable to \n        the small business education opportunity credit determined \n        under section 45E may be carried to a taxable year ending \n        before the date of the enactment of section 45E.''.\n    (c) Conforming Amendment.--Section 38(b) of the Internal Revenue \nCode of 1986 (relating to general business credit) is amended by \nstriking ``plus'' at the end of paragraph (12), by striking the period \nat the end of paragraph (13) and inserting ``, plus'', and by adding at \nthe end the following new paragraph:\n            ``(14) the small business education opportunity credit \n        determined under section 45E(a).''.\n    (d) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by inserting after the item relating to section 45D the \nfollowing new item:\n\n                              ``Sec. 45E. Small business education \n                                        opportunity credit.''.\n    (e) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2000.\n\nSEC. 9. STUDY AND REPORT.\n\n    (a) In General.--Not later than 6 months after the date of the \nenactment of this Act, the Secretary of Education shall conduct a study \nand submit to Congress a report regarding the challenges facing small \nbusinesses in obtaining workers with adequate skills.\n    (b) Contents.--The report shall include the following:\n            (1) Information on the shortage, if any, of workers with \n        adequate skills in the small business sector.\n            (2) An assessment of the impact on small business of the \n        shortage, if any.\n            (3) The costs to small businesses associated with the \n        shortage, if any.\n            (4) The recommendations of the Secretary, if any, on how to \n        address the challenges facing small businesses due to the \n        shortage, if any, of workers with adequate skills.","title":""}
+{"_id":"c382","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Smart Water Management Conservation \nand Efficiency Act of 2014''.\n\nSEC. 2. SMART WATER MANAGEMENT PILOT PROGRAM.\n\n    (a) Definitions.--In this section:\n            (1) Eligible entity.--The term ``eligible entity'' means--\n                    (A) a utility;\n                    (B) a municipality;\n                    (C) a water district; and\n                    (D) any other authority that provides drinking \n                water, wastewater treatment, or water reuse services.\n            (2) Secretary.--The term ``Secretary'' means the Secretary \n        of Energy.\n            (3) Smart water management pilot program.--The term ``smart \n        water management pilot program'' or ``pilot program'' means the \n        pilot program established under subsection (b).\n    (b) Smart Water Management Pilot Program.--\n            (1) In general.--The Secretary shall establish and carry \n        out a smart water management pilot program in accordance with \n        this section.\n            (2) Purpose.--The purpose of the smart water management \n        pilot program is to award grants to eligible entities to \n        demonstrate and deploy novel and innovative technology-based \n        solutions that will--\n                    (A) increase the energy and water efficiency of \n                drinking water, wastewater treatment, and water reuse \n                systems;\n                    (B) improve drinking water, water reuse, and \n                wastewater treatment systems to help communities across \n                the United States make significant progress in \n                conserving water, saving energy, and reducing costs; \n                and\n                    (C) support the implementation of innovative \n                processes and the installation of advanced automated \n                systems that provide real-time data on energy and \n                water.\n            (3) Project selection.--\n                    (A) In general.--The Secretary shall make \n                competitive, merit-reviewed grants under the pilot \n                program to not less than 3, but not more than 5, \n                eligible entities.\n                    (B) Selection criteria.--In selecting an eligible \n                entity to receive a grant under the pilot program, the \n                Secretary shall consider--\n                            (i) energy and cost savings;\n                            (ii) the novelty of the technology to be \n                        used;\n                            (iii) the degree to which the project \n                        integrates next-generation sensors, software, \n                        analytics, and management tools;\n                            (iv) the anticipated cost-effectiveness of \n                        the pilot project in terms of energy efficiency \n                        savings, water savings or reuse, and \n                        infrastructure costs averted;\n                            (v) whether the technology can be deployed \n                        in a variety of geographic regions and the \n                        degree to which the technology can be \n                        implemented on a smaller or larger scale; and\n                            (vi) whether the project will be completed \n                        in 5 years or less.\n                    (C) Applications.--\n                            (i) In general.--Subject to clause (ii), an \n                        eligible entity seeking a grant under the pilot \n                        program shall submit to the Secretary an \n                        application at such time, in such manner, and \n                        containing such information as the Secretary \n                        determines to be necessary.\n                            (ii) Contents.--An application under clause \n                        (i) shall, at a minimum, include--\n                                    (I) a description of the project;\n                                    (II) a description of the \n                                technology to be used in the project;\n                                    (III) the anticipated results, \n                                including energy and water savings, of \n                                the project;\n                                    (IV) a comprehensive budget for the \n                                project;\n                                    (V) the names of the project lead \n                                organization and any partners;\n                                    (VI) the number of users to be \n                                served by the project; and\n                                    (VII) any other information that \n                                the Secretary determines to be \n                                necessary to complete the review and \n                                selection of a grant recipient.\n            (4) Administration.--\n                    (A) In general.--Not later than 300 days after the \n                date of enactment of this Act, the Secretary shall \n                select grant recipients under this section.\n                    (B) Evaluations.--The Secretary shall annually \n                carry out an evaluation of each project for which a \n                grant is provided under this section that--\n                            (i) evaluates the progress and impact of \n                        the project; and\n                            (ii) assesses the degree to which the \n                        project is meeting the goals of the pilot \n                        program.\n                    (C) Technical assistance.--On the request of a \n                grant recipient, the Secretary shall provide technical \n                assistance.\n                    (D) Best practices.--The Secretary shall make \n                available to the public--\n                            (i) a copy of each evaluation carried out \n                        under subparagraph (B); and\n                            (ii) a description of any best practices \n                        identified by the Secretary as a result of \n                        those evaluations.\n                    (E) Report to congress.--The Secretary shall submit \n                to Congress a report containing the results of each \n                evaluation carried out under subparagraph (B).\n    (c) Funding.--\n            (1) In general.--The Secretary shall use not less than \n        $7,500,000 of amounts made available to the Secretary to carry \n        out this section.\n            (2) Prioritization.--In funding activities under this \n        section, the Secretary shall prioritize funding in the \n        following manner:\n                    (A) Any unobligated amounts made available to the \n                Secretary to carry out the activities of the Energy \n                Efficiency and Renewable Energy Office.\n                    (B) Any unobligated amounts (other than those \n                described in subparagraph (A)) made available to the \n                Secretary.","title":""}
+{"_id":"c383","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Social Security COLA Limitation Act \nof 1994''.\n\nSEC. 2. LIMITATIONS ON COST-OF-LIVING ADJUSTMENTS.\n\n    (a) In General.--\n            (1) Reduction in increases applied to higher primary \n        insurance amounts.--Section 215(i)(2)(A) of the Social Security \n        Act (42 U.S.C. 415(i)(2)(A)) is amended--\n                    (A) by redesignating clause (iii) as clause (vii); \n                and\n                    (B) in clause (ii), by striking ``The increase \n                shall'' in the matter following subclause (III) and all \n                that follows through ``Any increase'' and inserting the \n                following:\n    ``(iii) With respect to the amounts described in subclauses (I) and \n(III) of clause (ii), the increase shall be derived by multiplying each \nof such amounts (including each of those amounts as previously \nincreased under this subparagraph) by the applicable increase \npercentage.\n    ``(iv) With respect to primary insurance amounts described in \nsubclause (II) of clause (ii), the increase shall be derived by--\n            ``(I) multiplying each of such amounts (including each such \n        amount as previously increased under this subparagraph) by the \n        applicable increase percentage,\n            ``(II) determining among all such amounts as increased \n        under subclause (I) the greatest primary insurance amount which \n        is below the 20th percentile of such amounts, and\n            ``(III) reducing each primary insurance amount as increased \n        under subclause (I) to the sum of such amount determined as if \n        there had been no reduction in such amount under this subclause \n        in any preceding year and the amount of the increase under \n        subclause (I) in the primary insurance amount described in \n        subclause (II).\n    ``(v) Any amount increased under clause (iii) or clause (iv) which \nis not a multiple of $0.10 shall be decreased to the next lower \nmultiple of $0.10.\n    ``(vi) Any increase''.\n            (2) Conforming amendment.--The last sentence of section \n        215(a)(4) of such Act (42 U.S.C. 415(a)(4)) is amended, in \n        subclause (I), by striking ``clause (iii) of subsection \n        (i)(2)(A)'' and inserting ``clause (vii) of subsection \n        (i)(2)(A)''.\n    (b) Conforming Amendments To Maintain Current Levels of Cost-of-\nLiving Adjustment Under Other Programs.--\n            (1) Supplemental security income for the aged, blind, and \n        disabled.--Section 1617(a)(2) of the Social Security Act (42 \n        U.S.C. 1382f(a)(2)) is amended by striking ``by the same \n        percentage'' and all that follows through ``percentage,'' and \n        inserting the following: ``by the applicable increase \n        percentage (within the meaning of section 215(i)(1)(C)) used in \n        determining the amount by which benefit amounts under title II \n        are increased for such month''.\n            (2) Supplementary medical insurance.--Section 1839(a)(3)(B) \n        of such Act (42 U.S.C. 1395r(a)(3)(B)) is amended by striking \n        ``by a percentage'' and all that follows through ``November 1'' \n        and inserting the following: ``by the applicable increase \n        percentage (within the meaning of section 215(i)(1)(C)) used in \n        determining the amount by which benefit amounts under title II \n        are increased for the month of December preceding the year of \n        the promulgation''.\n            (3) Certain veteran's benefits.--Section 3112 of title 38, \n        United States Code, is amended--\n                    (A) in subsection (a), by striking ``by the same \n                percentage by which such benefit amounts are \n                increased'' and inserting ``by the applicable increase \n                percentage (within the meaning of section 215(i)(1)(C) \n                of such Act) used in determining the amount by which \n                such benefit amounts are increased''; and\n                    (B) in subsection (b)(1), by striking ``by the same \n                percentage as the percentage by which such benefit \n                amounts are increased'' and inserting ``by the \n                applicable increase percentage (within the meaning of \n                section 215(i)(1)(C) of such Act) used in determining \n                the amount by which such benefit amounts are \n                increased''.\n            (4) Cost-of-living adjustments to limitations on benefits \n        and contributions under qualified plans.--Subsection (d) of \n        section 415 of the Internal Revenue Code of 1986 (relating to \n        cost-of-living adjustments) is amended by striking ``section \n        215(i)(2)(A)'' and inserting ``section 215(i)(2)(A)(iii)''.\n    (c) Amendment to Prior Applicable Law.--Section 215(i)(4) of the \nSocial Security Act (42 U.S.C. 415(i)(4)) is amended by adding at the \nend the following new sentence: ``The Secretary shall provide by \nregulation for the continued application of this subsection as in \neffect in December 1978 as provided by the preceding provisions of this \nparagraph and the amendments referred to therein. Such regulations \nshall provide for the application of the amendments to the preceding \nprovisions of this subsection made by section 2 of the Social Security \nSolvency Enhancement Act of 1994 so as to have the same effect on the \ncorresponding provisions of this subsection as in effect in December \n1978 and applicable in accordance with this paragraph.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n    The amendments made by this Act shall apply with respect to \nadjustments under section 215(i) of the Social Security Act effective \nwith months after November 1994.","title":""}
+{"_id":"c384","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Social Security Lock-Box Act of \n2005''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n    (a) Findings.--Congress finds that--\n            (1) fiscal pressures will mount as an aging population \n        increases the Government's obligations to provide retirement \n        income and health services;\n            (2) Social Security surpluses should be reserved for \n        strengthening and preserving the Social Security Trust Funds; \n        and\n            (3) preserving Social Security surpluses would restore \n        confidence in the long-term financial integrity of Social \n        Security.\n    (b) Purpose.--It is the purpose of this Act to prevent the Social \nSecurity Trust Funds from being used for any purpose other than \nproviding retirement security.\n\nSEC. 3. PROTECTION OF SOCIAL SECURITY TRUST FUNDS.\n\n    (a) Protection of Social Security.--Title III of the Congressional \nBudget Act of 1974 is amended by adding at the end the following new \nsection:\n\n                     ``lock-box for social security\n\n    ``Sec. 316. (a) Lock-Box for Social Security.--\n            ``(1) Concurrent resolutions on the budget.--\n                    ``(A) In general.--It shall not be in order in the \n                House of Representatives or the Senate to consider any \n                concurrent resolution on the budget, or an amendment \n                thereto or conference report thereon, that would set \n                forth totals for any fiscal year with respect to the \n                Social Security Trust Funds that are less than the \n                totals of the Social Security Trust Funds for that \n                fiscal year as calculated in accordance with a current \n                services baseline.\n                    ``(B) Exception.--(i) Subparagraph (A) shall not \n                apply to the extent that a violation of such \n                subparagraph would result from an assumption in the \n                resolution, amendment, or conference report, as \n                applicable, of an increase in outlays or a decrease in \n                revenues and disbursements relative to the baseline \n                underlying that resolution for social security reform \n                legislation for any such fiscal year.\n                    ``(ii) If a concurrent resolution on the budget, or \n                an amendment thereto or conference report thereon, \n                would be in violation of subparagraph (A) because of an \n                assumption of an increase in outlays or a decrease in \n                revenue relative to the baseline underlying that \n                resolution for social security reform legislation for \n                any such fiscal year, then that resolution shall \n                include a statement identifying any such increase in \n                outlays or decrease in revenues and disbursements.\n            ``(2) Spending and tax legislation.--\n                    ``(A) In general.--It shall not be in order in the \n                House of Representatives or the Senate to consider any \n                bill, joint resolution, amendment, motion, or \n                conference report if--\n                            ``(i) the enactment of that bill or \n                        resolution, as reported;\n                            ``(ii) the adoption and enactment of that \n                        amendment; or\n                            ``(iii) the enactment of that bill or \n                        resolution in the form recommended in that \n                        conference report,\n                would cause the totals for any fiscal year covered by \n                the most recently agreed to concurrent resolution on \n                the budget with respect to the Social Security Trust \n                Funds to be less than the totals of the Social Security \n                Trust Funds for that fiscal year as calculated in \n                accordance with the current services baseline.\n                    ``(B) Exception.--Subparagraph (A) shall not apply \n                to social security reform legislation.\n    ``(b) Enforcement.--For purposes of enforcing any point of order \nunder subsection (a), the totals of the Social Security Trust Funds for \na fiscal year shall be the levels set forth in the later of the report \naccompanying the concurrent resolution on the budget (or, in the \nabsence of such a report, placed in the Congressional Record prior to \nthe consideration of such resolution) or in the joint explanatory \nstatement of managers accompanying such resolution.\n    ``(c) Additional Content of Reports Accompanying Budget Resolutions \nand of Joint Explanatory Statements.--The report accompanying any \nconcurrent resolution on the budget and the joint explanatory statement \naccompanying the conference report on each such resolution shall \ninclude the levels of the totals in the budget for each fiscal year set \nforth in such resolution and of the revenues and disbursements in the \nSocial Security Trust Funds.\n    ``(d) Definitions.--As used in this section, the term `social \nsecurity reform legislation' means a bill or a joint resolution to save \nsocial security that includes a provision stating the following: `For \npurposes of section 316(a) of the Congressional Budget Act of 1974, \nthis Act constitutes social security reform legislation.'.\n    ``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended \nin the Senate only by an affirmative vote of three-fifths of the \nMembers, duly chosen and sworn. An affirmative vote of three-fifths of \nthe Members of the Senate, duly chosen and sworn, shall be required in \nthe Senate to sustain an appeal of the ruling of the Chair on a point \nof order raised under this section.\n    ``(f)  Effective Date.--This section shall cease to have any force \nor effect upon the enactment of social security reform legislation.''.\n    (b) Conforming Amendment.--The table of contents set forth in \nsection 1(b) of the Congressional Budget and Impoundment Control Act of \n1974 is amended by adding after the item for section 315 the following:\n\n``Sec. 316. Lock-box for social security.''.\n\nSEC. 4. PRESIDENT'S BUDGET.\n\n    (a) Protection of Social Security.--If the budget of the United \nStates Government submitted by the President under section 1105(a) of \ntitle 31, United States Code, recommends totals for any fiscal year \nwith respect to the Social Security Trust Funds that are less than the \ntotals of the Social Security Trust Funds for that fiscal year as \ncalculated in accordance with current services baseline, then it shall \ninclude a detailed proposal for social security reform legislation.\n    (b) Effective Date.--Subsection (a) shall cease to have any force \nor effect upon the enactment of social security reform legislation as \ndefined by section 316(d) of the Congressional Budget Act of 1974.","title":""}
+{"_id":"c385","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Social Security Preservation through \nIndividual Choice Enhancement Act''.\n\nSEC. 2. ELECTION TO TAKE EMPLOYEE PAYROLL TAX CUT.\n\n    (a) In General.--Section 601 of the Tax Relief, Unemployment \nInsurance Reauthorization, and Job Creation Act of 2010 is amended by \nredesignating subsections (b) through (g) as subsections (c) through \n(i), respectively, and by inserting after subsection (a) the following \nnew subsection:\n    ``(b) Election To Take Employee Payroll Tax Cut.--\n            ``(1) In general.--Subsection (a) shall apply with respect \n        to remuneration received by any individual for services \n        rendered in a calendar year (or taxable year beginning in the \n        calendar year) in the payroll tax holiday period only if a tax \n        holiday election under paragraph (2) is in effect with respect \n        to such calendar year.\n            ``(2) Tax holiday election.--For purposes of this \n        subsection--\n                    ``(A) In general.--The term `tax holiday election' \n                means, with respect to the individual, an election to \n                have subsection (a) apply to a calendar year (or \n                taxable year beginning in such calendar year) in the \n                payroll tax holiday period beginning in or after 2012. \n                Any such election shall remain in effect until such \n                election is revoked.\n                    ``(B) When made.--An election with respect to a \n                calendar year (and a taxable year beginning in the \n                taxable year) may be made before July 1 of the calendar \n                year for which such remuneration is received.\n                    ``(C) Revocation of election.--Subject to such \n                conditions as the Secretary deems necessary, an \n                individual may revoke an election to have subsection \n                (a) apply with respect to a calendar year (and taxable \n                year beginning in the calendar year) if such revocation \n                is made before July 1 of the calendar year.\n                    ``(D) Time and manner of election and revocation.--\n                Any election and revocation under this subsection shall \n                be made at such time and in such manner as the \n                Secretary may prescribe.\n            ``(3) Special rules.--\n                    ``(A) 1st employment or self-employment after \n                beginning of year.--In the case of an individual whose \n                employment or self-employment first commences after the \n                beginning of the calendar year or taxable year (as the \n                case may be), the election under paragraph (2)(A) shall \n                be made before or with the beginning of such \n                employment.\n                    ``(B) Multiple employers.--In the case that an \n                individual is employed by more than 1 employer \n                (including self-employment) for a period, an election \n                or revocation made under this subsection made with \n                respect to remuneration from 1 employer shall apply to \n                all employers. For purposes of the preceding sentence, \n                the most recent valid election or revocation for a \n                period shall be the only election or revocation (as the \n                case may be) in effect for that period.\n            ``(4) Overpayment and underpayment of tax.--\n                    ``(A) Credit for overpayment.--See sections 6402 \n                and 6413 of such Code for provisions relating to \n                overpayments of employment taxes.\n                    ``(B) Underpayment of taxes.--If, by reason of an \n                election or revocation under this subsection for a \n                calendar year or taxable year, an individual has a \n                liability for tax under section 1401(a), 3101(a), \n                3201(a), or 3211(a)(1) of such Code for the taxable \n                year beginning with or in the calendar year, for \n                purposes of subtitle F of such Code, such liability, \n                together with interest on such liability at the \n                underpayment rate established under section 6621, shall \n                be assessed and collected in the manner prescribed by \n                the Secretary.\n            ``(5) Regulations.--The Secretary, in consultation with the \n        Commissioner of Social Security, shall prescribe such \n        regulations or other guidance as may be necessary to carry out \n        this subsection. Such regulations or other guidance shall \n        include procedures providing for the exchange of information \n        between the Secretary and the Commissioner of Social Security \n        for purposes of this subsection.''.\n    (b) Extension of Retirement Age in Connection With Election To Take \nPayroll Tax Cut.--Section 216(l) of the Social Security Act (42 U.S.C \n416(l)) is amended by adding at the end the following new paragraph:\n    ``(4)(A) For each calendar year beginning with or after 2012 for \nwhich section 601(a) of the Tax Relief, Unemployment Insurance \nReauthorization, and Job Creation Act of 2010 applies with respect to \nthe wages received by an individual for services rendered in such year, \nthe retirement age (as defined in paragraph (1)) of such individual \nshall be increased by 1 month.\n    ``(B) In the case of any taxable year for which such section 601(a) \napplies (with respect to remuneration received by an individual as \nself-employment income for services rendered in such taxable year), any \ncalendar year in which such taxable year commences shall be treated as \na calendar year for which such section 601(a) applies as described in \nsubparagraph (A).''.","title":""}
+{"_id":"c386","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Social Security Protection Act of \n2011''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) Social Security is the most successful and reliable \n        social program in our Nation's history.\n            (2) For 75 years, through good times and bad, Social \n        Security has reliably kept millions of senior citizens, \n        individuals with disabilities, and children out of poverty.\n            (3) Before President Franklin Roosevelt signed the Social \n        Security Act into law on August 14, 1935, approximately half of \n        the senior citizens in the United States lived in poverty; less \n        than 10 percent of seniors live in poverty today.\n            (4) Social Security has succeeded in protecting working \n        Americans and their families from devastating drops in \n        household income due to lost wages resulting from retirement, \n        disability, or the death of a spouse or parent.\n            (5) More than 53,000,000 Americans receive Social Security \n        benefits, including 36,500,000 retirees and their spouses, \n        9,200,000 veterans, 8,200,000 disabled individuals and their \n        spouses, 4,500,000 surviving spouses of deceased workers, and \n        4,300,000 dependent children.\n            (6) Social Security has never contributed to the Federal \n        budget deficit or the national debt, and benefit cuts should \n        not be proposed as a solution to reducing the Federal budget \n        deficit.\n            (7) Social Security is not in a crisis or going bankrupt, \n        as the Social Security Trust Funds have been running surpluses \n        for the last quarter of a century.\n            (8) According to the Social Security Administration, the \n        Social Security Trust Funds currently maintain a \n        $2,600,000,000,000 surplus that is project to grow to \n        $4,200,000,000,000 by 2023.\n            (9) According to the Social Security Administration, even \n        if no changes are made to the Social Security program, full \n        benefits will be available to every recipient until 2037, with \n        enough funding remaining after that date to pay about 78 \n        percent of promised benefits.\n            (10) According to the Social Security Administration, \n        ``money flowing into the [Social Security] trust funds is \n        invested in U.S. Government securities . . . the investments \n        held by the trust funds are backed by the full faith and credit \n        of the U.S. Government. The Government has always repaid Social \n        Security, with interest.''.\n            (11) All workers who contribute into Social Security \n        through the 12.4 percent payroll tax, which is divided equally \n        between employees and employers on income up to $106,800, \n        deserve to have a dignified and secure retirement.\n            (12) Social Security provides the majority of income for \n        two-thirds of the elderly population in the United States, with \n        approximately one-third of elderly individuals receiving nearly \n        all of their income from Social Security.\n            (13) Overall, Social Security benefits for retirees \n        currently average a modest $14,000 a year, with the average for \n        women receiving benefits being less than $12,000 per year.\n            (14) Nearly 1 out of every 4 adult Social Security \n        beneficiaries has served in the United States military.\n            (15) Social Security is not solely a retirement program, as \n        it also serves as a disability insurance program for American \n        workers who become permanently disabled and unable to work.\n            (16) The Social Security Disability Insurance program is a \n        critical lifeline for millions of American workers, as a 20-\n        year-old worker faces a 30 percent chance of becoming disabled \n        before reaching retirement age.\n            (17) Proposals to privatize the Social Security program \n        would jeopardize the security of millions of Americans by \n        subjecting them to the ups-and-downs of the volatile stock \n        market as the source of their retirement benefits.\n            (18) Raising the retirement age would jeopardize the \n        retirement future of millions of American workers, particularly \n        those in physically demanding jobs as well as lower-income \n        women, African-Americans, and Latinos, all of whom have a much \n        lower life expectancy than wealthier Americans.\n            (19) Social Security benefits have already been cut by 13 \n        percent, as the Normal Retirement Age was raised in 1983 from \n        65 years of age to 67 years of age by 2022.\n            (20) According to the Social Security Administration, \n        raising the retirement age for future retirees would reduce \n        benefits by 6 to 7 percent for each year that the Normal \n        Retirement Age is raised.\n            (21) Reducing cost-of-living adjustments for current or \n        future Social Security beneficiaries would force millions of \n        such individuals to choose between heating their homes, putting \n        food on the table, or paying for their prescription drugs.\n            (22) Social Security is a promise that this Nation cannot \n        afford to break.\n\nSEC. 3. LIMITATION ON CHANGES TO THE SOCIAL SECURITY PROGRAM FOR \n              CURRENT AND FUTURE BENEFICIARIES.\n\n    (a) In General.--Notwithstanding any other provision of law, it \nshall not be in order in the Senate or the House of Representatives to \nconsider, for purposes of the old-age, survivors, and disability \ninsurance benefits program established under title II of the Social \nSecurity Act (42 U.S.C. 401 et seq.), any legislation that--\n            (1) increases the retirement age (as defined in section \n        216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1))) or \n        the early retirement age (as defined in section 216(l)(2) of \n        the Social Security Act (42 U.S.C. 416(l)(2))) for individuals \n        receiving benefits under title II of the Social Security Act on \n        or after the date of enactment of this Act;\n            (2) reduces cost-of-living increases for individuals \n        receiving benefits under title II of the Social Security Act on \n        or after the date of enactment of this Act, as determined under \n        section 215(i) of the Social Security Act (42 U.S.C. 415(i));\n            (3) reduces benefit payment amounts for individuals \n        receiving benefits under title II of the Social Security Act on \n        or after the date of enactment of this Act; or\n            (4) creates private retirement accounts for any of the \n        benefits individuals receive under title II of the Social \n        Security Act on or after the date of enactment of this Act.\n    (b) Waiver or Suspension.--\n            (1) In the senate.--The provisions of this section may be \n        waived or suspended in the Senate only by the affirmative vote \n        of two-thirds of the Members, present and voting.\n            (2) In the house.--The provisions of this section may be \n        waived or suspended in the House of Representatives only by a \n        rule or order proposing only to waive such provisions by an \n        affirmative vote of two-thirds of the Members, present and \n        voting.\n    (c) Point of Order Protection.--In the House of Representatives, it \nshall not be in order to consider a rule or order that waives the \napplication of paragraph (2) of subsection (b).\n    (d) Motion To Suspend.--It shall not be in order for the Speaker to \nentertain a motion to suspend the application of this section under \nclause 1 of rule XV of the Rules of the House of Representatives.","title":""}
+{"_id":"c387","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Social Security Safety Dividend \nAct''.\n\nSEC. 2. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS OF \n              SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD \n              RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION \n              OR PENSION BENEFITS.\n\n    (a) Authority To Make Payments.--\n            (1) Eligibility.--\n                    (A) In general.--The Secretary of the Treasury \n                shall disburse, out of any funds in the Treasury of the \n                United States not otherwise appropriated, a cash \n                payment equal to $250 for each non-COLA year of a \n                program providing benefit payments described in clause \n                (i), (ii), or (iii) of subparagraph (C) or in \n                subparagraph (D) to each individual who, for any month \n                during such year, is entitled to such benefit payment.\n                    (B) Non-COLA year.--For purposes of this section, \n                the term ``non-COLA year'' means, in connection with a \n                program referred to in subparagraph (A), a 12-month \n                period for which--\n                            (i) a cost-of-living adjustment is \n                        generally provided under such program in \n                        relation to an index specified in section \n                        215(i) of the Social Security Act (42 U.S.C. \n                        415(i)); and\n                            (ii) such an adjustment does not take \n                        effect by reason of the performance of such \n                        index.\n                    (C) Benefit payment described.--For purposes of \n                subparagraph (A):\n                            (i) Title ii benefit.--A benefit payment \n                        described in this clause is a monthly insurance \n                        benefit payable (without regard to sections \n                        202(j)(1) and 223(b) of the Social Security Act \n                        (42 U.S.C. 402(j)(1), 423(b)) under--\n                                    (I) section 202(a) of such Act (42 \n                                U.S.C. 402(a));\n                                    (II) section 202(b) of such Act (42 \n                                U.S.C. 402(b));\n                                    (III) section 202(c) of such Act \n                                (42 U.S.C. 402(c));\n                                    (IV) section 202(d)(1)(B)(ii) of \n                                such Act (42 U.S.C. 402(d)(1)(B)(ii));\n                                    (V) section 202(e) of such Act (42 \n                                U.S.C. 402(e));\n                                    (VI) section 202(f) of such Act (42 \n                                U.S.C. 402(f));\n                                    (VII) section 202(g) of such Act \n                                (42 U.S.C. 402(g));\n                                    (VIII) section 202(h) of such Act \n                                (42 U.S.C. 402(h));\n                                    (IX) section 223(a) of such Act (42 \n                                U.S.C. 423(a));\n                                    (X) section 227 of such Act (42 \n                                U.S.C. 427); or\n                                    (XI) section 228 of such Act (42 \n                                U.S.C. 428).\n                            (ii) Railroad retirement benefit.--A \n                        benefit payment described in this clause is a \n                        monthly annuity or pension payment payable \n                        (without regard to section 5(a)(ii) of the \n                        Railroad Retirement Act of 1974 (45 U.S.C. \n                        231d(a)(ii))) under--\n                                    (I) section 2(a)(1) of such Act (45 \n                                U.S.C. 231a(a)(1));\n                                    (II) section 2(c) of such Act (45 \n                                U.S.C. 231a(c));\n                                    (III) section 2(d)(1)(i) of such \n                                Act (45 U.S.C. 231a(d)(1)(i));\n                                    (IV) section 2(d)(1)(ii) of such \n                                Act (45 U.S.C. 231a(d)(1)(ii));\n                                    (V) section 2(d)(1)(iii)(C) of such \n                                Act to an adult disabled child (45 \n                                U.S.C. 231a(d)(1)(iii)(C));\n                                    (VI) section 2(d)(1)(iv) of such \n                                Act (45 U.S.C. 231a(d)(1)(iv));\n                                    (VII) section 2(d)(1)(v) of such \n                                Act (45 U.S.C. 231a(d)(1)(v)); or\n                                    (VIII) section 7(b)(2) of such Act \n                                (45 U.S.C. 231f(b)(2)) with respect to \n                                any of the benefit payments described \n                                in clause (i) of this subparagraph.\n                            (iii) Veterans benefit.--A benefit payment \n                        described in this clause is a compensation or \n                        pension payment payable under--\n                                    (I) section 1110, 1117, 1121, 1131, \n                                1141, or 1151 of title 38, United \n                                States Code;\n                                    (II) section 1310, 1312, 1313, \n                                1315, 1316, or 1318 of title 38, United \n                                States Code;\n                                    (III) section 1513, 1521, 1533, \n                                1536, 1537, 1541, 1542, or 1562 of \n                                title 38, United States Code; or\n                                    (IV) section 1805, 1815, or 1821 of \n                                title 38, United States Code,\n                        to a veteran, surviving spouse, child, or \n                        parent as described in paragraph (2), (3), \n                        (4)(A)(ii), or (5) of section 101, title 38, \n                        United States Code.\n                    (D) SSI cash benefit described.--A SSI cash benefit \n                described in this subparagraph is a cash benefit \n                payable under section 1611 (other than under subsection \n                (e)(1)(B) of such section) or 1619(a) of the Social \n                Security Act (42 U.S.C. 1382, 1382h).\n            (2) Requirement.--A payment shall be made under paragraph \n        (1) only to individuals who reside in 1 of the 50 States, the \n        District of Columbia, Puerto Rico, Guam, the United States \n        Virgin Islands, American Samoa, or the Northern Mariana \n        Islands, or who are utilizing a foreign or domestic Army Post \n        Office, Fleet Post Office, or Diplomatic Post Office address. \n        For purposes of the preceding sentence, the determination of \n        the individual's residence shall be based on the address of \n        record, as of the date of certification under subsection (b) \n        for a payment under this section under a program specified in \n        paragraph (1).\n            (3) No double payments.--An individual shall be paid only 1 \n        payment for any non-COLA year under this section, regardless of \n        whether the individual is entitled to, or eligible for, more \n        than 1 benefit or cash payment described in paragraph (1).\n            (4) Limitation.--A payment under this section shall not be \n        made (or, in the case of subparagraph (D), shall not be due)--\n                    (A) in the case of an individual entitled to a \n                benefit specified in paragraph (1)(B)(i) or paragraph \n                (1)(B)(ii)(VIII) if, for any month within the 12-month \n                period ending with the month of payment, such \n                individual's benefit under such paragraph was not \n                payable by reason of subsection (x) or (y) of section \n                202 the Social Security Act (42 U.S.C. 402) or section \n                1129A of such Act (42 U.S.C. 1320a-8a);\n                    (B) in the case of an individual entitled to a \n                benefit specified in paragraph (1)(B)(iii) if, for any \n                month within the 12-month period ending with the month \n                of payment, such individual's benefit under such \n                paragraph was not payable, or was reduced, by reason of \n                section 1505, 5313, or 5313B of title 38, United States \n                Code;\n                    (C) in the case of an individual entitled to a \n                benefit specified in paragraph (1)(C) if, for any month \n                within the 12-month period ending with the month of \n                payment, such individual's benefit under such paragraph \n                was not payable by reason of subsection (e)(1)(A) or \n                (e)(4) of section 1611 (42 U.S.C. 1382) or section \n                1129A of such Act (42 U.S.C. 1320a-8a); or\n                    (D) in the case of any individual whose date of \n                death occurs--\n                            (i) before the date of the receipt of the \n                        payment; or\n                            (ii) in the case of a direct deposit, \n                        before the date on which such payment is \n                        deposited into such individual's account.\n                In the case of any individual whose date of death \n                occurs before a payment is negotiated (in the case of a \n                check) or deposited (in the case of a direct deposit), \n                such payment shall not be due and shall not be reissued \n                to the estate of such individual or to any other \n                person.\n            (5) Timing and manner of payments.--The Secretary of the \n        Treasury shall commence disbursing payments under this section \n        at the earliest practicable date for any non-COLA year prior to \n        April 1 following such year. The Secretary of the Treasury may \n        disburse any payment electronically to an individual in such \n        manner as if such payment was a benefit payment or cash benefit \n        to such individual under the applicable program described in \n        subparagraph (B) or (C) of paragraph (1).\n    (b) Identification of Recipients.--The Commissioner of Social \nSecurity, the Railroad Retirement Board, and the Secretary of Veterans \nAffairs shall certify the individuals entitled to receive payments \nunder this section for each non-COLA year and provide the Secretary of \nthe Treasury with the information needed to disburse such payments. A \ncertification of an individual shall be unaffected by any subsequent \ndetermination or redetermination of the individual's entitlement to, or \neligibility for, a benefit specified in subparagraph (B) or (C) of \nsubsection (a)(1) (except that such certification shall be affected by \na determination that an individual is an individual described in \nsubparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period \ndescribed in such subparagraphs).\n    (c) Treatment of Payments.--\n            (1) Payment to be disregarded for purposes of all federal \n        and federally assisted programs.--A payment under subsection \n        (a) shall not be regarded as income and shall not be regarded \n        as a resource for the month of receipt and the following 9 \n        months, for purposes of determining the eligibility of the \n        recipient (or the recipient's spouse or family) for benefits or \n        assistance, or the amount or extent of benefits or assistance, \n        under any Federal program or under any State or local program \n        financed in whole or in part with Federal funds.\n            (2) Payment not considered income for purposes of \n        taxation.--A payment under subsection (a) shall not be \n        considered as gross income for purposes of the Internal Revenue \n        Code of 1986.\n            (3) Payments protected from assignment.--The provisions of \n        sections 207 and 1631(d)(1) of the Social Security Act (42 \n        U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad \n        Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of \n        title 38, United States Code, shall apply to any payment made \n        under subsection (a) as if such payment was a benefit payment \n        or cash benefit to such individual under the applicable program \n        described in subparagraph (B) or (C) of subsection (a)(1).\n            (4) Payments subject to offset.--Notwithstanding paragraph \n        (3)--\n                    (A) any payment made under this section shall, in \n                the case of a payment of a direct deposit which is made \n                after the date of the enactment of this Act, be subject \n                to the reclamation provisions under subpart B of part \n                210 of title 31, Code of Federal Regulations (relating \n                to reclamation of benefit payments); and\n                    (B) any payment made under this section shall not, \n                for purposes of section 3716 of title 31, United States \n                Code, be considered a benefit payment or cash benefit \n                made under the applicable program described in \n                subparagraph (B) or (C) of subsection (a)(1), and all \n                amounts paid shall be subject to offset to collect \n                delinquent debts.\n    (d) Payment to Representative Payees and Fiduciaries.--\n            (1) In general.--In any case in which an individual who is \n        entitled to a payment under subsection (a) and whose benefit \n        payment or cash benefit described in paragraph (1) of that \n        subsection is paid to a representative payee or fiduciary, the \n        payment under subsection (a) shall be made to the individual's \n        representative payee or fiduciary and the entire payment shall \n        be used only for the benefit of the individual who is entitled \n        to the payment.\n            (2) Applicability.--\n                    (A) Payment on the basis of a title ii or ssi \n                benefit.--Section 1129(a)(3) of the Social Security Act \n                (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment \n                made on the basis of an entitlement to a benefit \n                specified in paragraph (1)(B)(i) or (1)(C) of \n                subsection (a) in the same manner as such section \n                applies to a payment under title II or XVI of such Act.\n                    (B) Payment on the basis of a railroad retirement \n                benefit.--Section 13 of the Railroad Retirement Act (45 \n                U.S.C. 231l) shall apply to any payment made on the \n                basis of an entitlement to a benefit specified in \n                paragraph (1)(B)(ii) of subsection (a) in the same \n                manner as such section applies to a payment under such \n                Act.\n                    (C) Payment on the basis of a veterans benefit.--\n                Sections 5502, 6106, and 6108 of title 38, United \n                States Code, shall apply to any payment made on the \n                basis of an entitlement to a benefit specified in \n                paragraph (1)(B)(iii) of subsection (a) in the same \n                manner as those sections apply to a payment under that \n                title.","title":""}
+{"_id":"c388","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Somalia Stabilization Act of 2013''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) Since the collapse of the Siad Barre regime in 1991, \n        Somalia has struggled to rebuild a government and assert order \n        and control over warlords, clan militias, and extremist groups.\n            (2) The lack of functioning state and governing structures \n        led to chronic humanitarian need within Somalia and enabled \n        terrorist groups, maritime crime, illicit trafficking, and mass \n        refugee flows to flourish.\n            (3) In 2007, the Ethiopian military ousted the Islamic \n        Courts Union and the United Nations authorized the African \n        Union to deploy a peacekeeping force to Somalia, the African \n        Union Mission to Somalia (AMISOM), in order to support the \n        Transitional Federal Government to establish order in Somalia. \n        AMISOM currently consists of troops from Burundi, Djibouti, \n        Kenya, Sierra Leone, and Uganda.\n            (4) In 2008, Harakat al-Shabaab al-Mujahideen (al-Shabaab) \n        was designated a Foreign Terrorist Organization and a Specially \n        Designated Global Terrorist entity by the United States \n        Government.\n            (5) In 2010, al-Shabaab took control of southern and \n        central Somalia and instituted strict Sharia law.\n            (6) In July 2010, Al-Shabaab retaliated against a \n        contributor to AMISOM by carrying out an attack in Kampala, \n        Uganda, which killed 74 people and injured 70 others.\n            (7) In 2010, in response to growing al-Shabaab dominance \n        and brutality, the AMISOM mandate was expanded to directly \n        target and counter al-Shabaab in Somalia.\n            (8) In 2011 and 2012, when many parts of the country were \n        suffering from severe food insecurity and famine, al-Shabaab \n        denied humanitarian access to its residents, resulting in the \n        death of close to 260,000 people and acute food insecurity for \n        millions.\n            (9) In 2011, the Kenyan Defense Force joined AMISOM, to \n        help take control of urban areas like Mogadishu and Kismayo \n        from al-Shabaab control.\n            (10) In 2012, improved security in much of urban Somalia \n        enabled the Transitional Federal Government to complete a draft \n        constitution and end its transitional term.\n            (11) In 2012, a regionally representative Somali \n        constituent assembly elected a new Federal parliament, which in \n        turn elected President Hassan Sheikh Mohamud.\n            (12) The United States, Arab and European countries, the \n        United Nations, and the African Union officially recognized the \n        new Somali government, citing the process that created it as \n        being the most credible and inclusive process to date.\n            (13) On March 6, 2013, the United Nations Security Council \n        passed Resolution 2093, creating a new exemption to the 21-\n        year-old arms embargo for a period of 12 months, to allow for \n        ``deliveries of weapons or military equipment or the provision \n        of advice, assistance or training, intended solely for the \n        development of the National Security Forces of the Federal \n        Government of Somalia'', and calling for the training, \n        equipping, and capacity-building of Somali Security Forces, \n        including both its armed forces and police, with special focus \n        on the development of infrastructure to ``ensure the safe \n        storage, registration, maintenance and distribution of military \n        equipment,'' and ``procedures and codes of conduct . . . for \n        the registration, distribution, use, and storage of weapons''.\n            (14) On May 2, 2013, the United National Security Council \n        passed Resolution 2102, establishing the United Nations \n        Assistance Mission in Somalia (UNSOM) under the leadership of a \n        Special Representative of the Secretary-General to support the \n        Government of Somalia with peace-building, state-building and \n        governance, as well as the coordination of international \n        assistance.\n            (15) Though greeted with great optimism, the Government of \n        Somalia has run into many challenges, which has stalled its \n        efforts to finalize the constitution, guide the structure of \n        the new state, or provide services to the population.\n            (16) President Hassan Sheikh Mohamud and his government \n        have committed to the completion of these tasks and to holding \n        a constitutional referendum and national election by 2016.\n            (17) On September 16, 2013, the international community and \n        a high level Somali delegation endorsed a compact based on the \n        ``New Deal Strategy for Engagement in Fragile States.'' Donors \n        pledged $2,400,000,000 over three years to support Somali \n        development priorities, including $69,000,000 from the United \n        States.\n            (18) Al Shabaab continues to use terrorist tactics to \n        attack soft targets. On September 21-24, 2013, al-Shabaab \n        perpetrated an attack on the Westgate mall in Nairobi, Kenya, \n        killing at least 67 people.\n\nSEC. 3. SENSE OF CONGRESS.\n\n    It is the sense of Congress that the United States should--\n            (1) support the Somali Federal Government, regional \n        administrations, Federal units, and people in their ongoing \n        efforts to consolidate political gains and develop credible, \n        transparent, and representative government systems and \n        institutions, and foster complementary processes at the local, \n        regional, and national levels;\n            (2) continue to support African-led regional efforts to \n        improve security and stability in Somalia, including through \n        the African Union Mission to Somalia (AMISOM) and the United \n        Nations Assistance Mission in Somalia (UNSOM);\n            (3) support the people and Government of Somalia to develop \n        professional and regionally and ethnically representative \n        Somali security forces that are capable of maintaining and \n        expanding security within Somalia, confronting international \n        security threats such as terrorism, and preventing human rights \n        abuses;\n            (4) continue to provide lifesaving humanitarian assistance \n        as needed, while bolstering resilience and building a \n        foundation for sustained, inclusive development for the people \n        of Somalia; and\n            (5) carry out all diplomatic, economic, intelligence, \n        military, and development activities in Somalia within the \n        context of a comprehensive strategy coordinated through an \n        interagency process.\n\nSEC. 4. REQUIREMENT OF A STRATEGY TO SUPPORT THE CONSOLIDATION OF \n              SECURITY AND GOVERNANCE GAINS IN SOMALIA.\n\n    (a) Requirement for Strategy.--Not later than 120 days after the \ndate of the enactment of this Act, the President shall submit to the \nappropriate committees of Congress a strategy to guide future United \nStates action in support of the Government and people of Somalia to \nfoster economic growth and opportunity, counter armed threats to \nstability, and develop credible, transparent, and representative \ngovernment systems and institutions.\n    (b) Content of Strategy.--The strategy required under subsection \n(a) should include the following elements:\n            (1) A clearly stated policy toward Somalia on supporting \n        the consolidation of political gains at the national level, \n        while also encouraging and supporting complementary processes \n        at the local and regional levels.\n            (2) Measures to support the development goals identified by \n        the people and Government of Somalia.\n            (3) Plans for strengthening efforts by the Government of \n        Somalia, the African Union, and regional governments to \n        stabilize the security situation within Somalia and further \n        degrade al-Shabaab's capabilities, in order to enable the \n        eventual transfer of security operations to Somali security \n        forces capable of--\n                    (A) maintaining and expanding security within \n                Somalia;\n                    (B) confronting international security threats; and\n                    (C) preventing human rights abuses.\n            (4) Plans for supporting the development and \n        professionalization of regionally and ethnically representative \n        Somali security forces, including the infrastructure and \n        procedures required to ensure chain of custody and the safe \n        storage of military equipment and an assessment of the benefits \n        and risks of the provision of weaponry to the Somali security \n        forces by the United States.\n            (5) A description of United States national security \n        objectives addressed through military-to-military cooperation \n        activities with Somali security forces.\n            (6) A description of security risks to United States \n        personnel conducting security cooperation activities within \n        Somalia and plans to assist the Somali security forces in \n        preventing infiltration and insider attacks, including through \n        the application of lessons learned in United States military \n        training efforts in Afghanistan.\n            (7) A description of United States tools for monitoring and \n        responding to violations of the United Nations Security Council \n        arms embargo, charcoal ban, and other international agreements \n        affecting the stability of Somalia.\n            (8) A description of mechanisms for coordinating United \n        States military and non-military assistance with other \n        international donors, regional governments, and relevant \n        multilateral organizations.\n            (9) Plans to increase United States diplomatic engagement \n        with Somalia, including through the future establishment of an \n        embassy or other diplomatic posts in Mogadishu.\n            (10) Any other element the President determines \n        appropriate.\n    (c) Reports.--Not later than 180 days from the submission of the \nstrategy required under subsection (a), and annually thereafter for \nthree years, the President shall submit to the appropriate committees \nof Congress an update on implementation of the strategy and progress \nmade in Somalia in security, stability, development, and governance.\n    (d) Form.--The strategy under this section shall be submitted in \nunclassified form, but may include a classified annex. The reports may \ntake the form of a briefing, unclassified report, or unclassified \nreport with a classified annex.\n    (e) Appropriate Committees of Congress Defined.--In this section, \nthe term ``appropriate committees of Congress'' means--\n            (1) the Committee on Appropriations, the Committee on Armed \n        Services, the Committee on Foreign Relations, and the Select \n        Committee on Intelligence of the Senate; and\n            (2) the Committee on Appropriations, the Committee on Armed \n        Services, the Committee on Foreign Affairs, and the Permanent \n        Select Committee on Intelligence of the House of \n        Representatives.","title":""}
+{"_id":"c389","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Spending Control Act of 2004''.\n\nSEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.\n\n    (a) Discretionary Spending Limits.--(1) Section 251(c)(2) of the \nBalanced Budget and Emergency Deficit Control Act of 1985 is amended by \ninserting a dash after ``2005'', by redesignating the remaining portion \nof such paragraph as subparagraph (B) and by moving it two ems to the \nright, and by inserting after the dash the following new subparagraph:\n                    ``(A) for the general purpose discretionary \n                category: $____ in new budget authority and $____ in \n                outlays; and''.\n    (2) Section 251(c)(3) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by inserting a dash after ``2006'', by \nredesignating the remaining portion of such paragraph as subparagraph \n(B) and by moving it two ems to the right, and by inserting after the \ndash the following new subparagraph:\n                    ``(A) for the general purpose discretionary \n                category: $____ in new budget authority and $____ in \n                outlays; and''.\n    (3) Section 251(c) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by redesignating paragraphs (4) through \n(9) as paragraphs (7) through (12) and inserting after paragraph (3) \nthe following new paragraphs:\n            ``(4) with respect to fiscal year 2007 for the general \n        purpose discretionary category: $____ in new budget authority \n        and $____ in outlays;\n            ``(5) with respect to fiscal year 2008 for the general \n        purpose discretionary category: $____ in new budget authority \n        and $____ in outlays; and\n            ``(6) with respect to fiscal year 2009 for the general \n        purpose discretionary category: $____ in new budget authority \n        and $____ in outlays;''.\n    (b) Advance Appropriations.--Section 251 of the Balanced Budget and \nEmergency Deficit Control Act of 1985 is amended by adding at the end \nthe following new subsection:\n    ``(d) Advance Appropriations.--In any of fiscal years 2005 through \n2009, discretionary advance appropriations provided in appropriation \nActs in excess of $____ shall be counted against the discretionary \nspending limits for the fiscal year for which the appropriation Act \ncontaining the advance appropriation is enacted.''.\n\nSEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.\n\n    (a) Purpose.--Section 252(a) of the Balanced Budget and Emergency \nDeficit Control Act of 1985 is amended to read as follows:\n    ``(a) Purpose.--The purpose of this section is to assure that any \nlegislation that is enacted before October 1, 2009, that causes a net \nincrease in direct spending will trigger an offsetting \nsequestration.''.\n    (b) Timing.--Section 252(b)(1) of the Balanced Budget and Emergency \nDeficit Control Act of 1985 is amended by striking ``any net deficit \nincrease'' and all that follows through ``2002,'' and by inserting \n``any net increase in direct spending enacted before October 1, \n2009,''.\n    (c) Calculation of Direct Spending Increase.--Section 252(b)(2) of \nthe Balanced Budget and Emergency Deficit Control Act of 1985 is \namended--\n            (1) by striking ``deficit'' the first place it appears and \n        inserting ``direct spending'';\n            (2) in subparagraph (A) by striking ``and receipts'';\n            (3) in subparagraph (C) by striking ``and receipts''; and\n            (4) by amending the heading to read as follows: \n        ``Calculation of direct spending increase.--''.\n    (d) Conforming Amendments.--(1) The heading of section 252(c) of \nthe Balanced Budget and Emergency Deficit Control Act of 1985 is \namended to read as follows: ``Eliminating a Direct Spending Increase.--\n''.\n    (2) Paragraphs (1), (2), and (4) of section 252(d) of the Balanced \nBudget and Emergency Deficit Control Act of 1985 are amended by \nstriking ``or receipts'' each place it appears.\n    (3) Section 252(e) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by striking ``or receipts'' and by \nstriking ``, outlays, and receipts'' and inserting ``and outlays''.\n    (4) Section 254(c)(3) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended--\n            (A) in subparagraph (A) by striking ``net deficit increase \n        or decrease'' and by inserting ``net increase or decrease in \n        direct spending'';\n            (B) in subparagraph (B) by striking ``amount of deficit \n        increase or decrease'' and by inserting ``increase or decrease \n        in direct spending''; and\n            (C) in subparagraph (C) by striking ``a deficit increase'' \n        and by inserting ``an increase in direct spending''.\n\nSEC. 4. DEFINITIONS.\n\n    (a) In General.--Section 250(c) of the Balanced Budget and \nEmergency Deficit Control Act of 1985 is amended by adding at the end \nthe following new paragraphs:\n            ``(20) The term `advance appropriation' means \n        appropriations that first become available one fiscal year or \n        more beyond the fiscal year for which an appropriation Act \n        making such funds available is enacted.\n            ``(21)(A) Except as provided by subparagraph (B), the term \n        `emergency requirement' means any provision that provides new \n        budget authority and resulting outlays for a situation that \n        poses a threat to life, property, or national security and is--\n                    ``(i) sudden, quickly coming into being, and not \n                building up over time;\n                    ``(ii) an urgent, pressing, and compelling need \n                requiring immediate action;\n                    ``(iii) subject to subparagraph (B), unforeseen, \n                unpredictable, and unanticipated; and\n                    ``(iv) not permanent, temporary in nature.\n            ``(B) An emergency that is part of an aggregate level of \n        anticipated emergencies, particularly when normally estimated \n        in advance, is not unforeseen.''.\n    (b) Contingency Operations Related to Global War on Terrorism.--\nSection 251(b)(2) of the Balanced Budget and Emergency Deficit Control \nAct of 1985 is amended by adding at the end the following new \nsubparagraph:\n                    ``(I) Contingency operations related to global war \n                on terrorism.--If supplemental appropriations for \n                discretionary accounts are enacted for contingency \n                operations related to the global war on terrorism that, \n                pursuant to this subparagraph, the President designates \n                as a contingency operation related to the global war on \n                terrorism and the Congress so designates in statute, \n                the adjustment shall be the total of such \n                appropriations in discretionary accounts so designated \n                and the outlays flowing in all fiscal years from such \n                appropriations.''.\n    (c) Conforming Amendment.--The second sentence of section \n250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act \nof 1985 is amended to read as follows: ``The general purpose \ndiscretionary category shall consist of accounts designated in the \njoint explanatory statement of managers accompanying the conference \nreport on the Spending Control Act of 2004.''.\n\nSEC. 5. PROJECTIONS UNDER SECTION 257.\n\n    Section 257(c) of the Balanced Budget and Emergency Deficit Control \nAct of 1985 is amended by inserting after paragraph (6) the following \nnew paragraph:\n            ``(7) Emergencies.--New budgetary resources designated \n        under section 251(b)(2)(A) or 251(b)(2)(I) shall not be assumed \n        beyond the fiscal year for which they have been enacted.''.\n\nSEC. 6. EXCEPTION FOR OUTLAY COMPONENTS OF EXPIRING RECEIPTS \n              LEGISLATION.\n\n    Section 252(d)(4) of the Balanced Budget and Emergency Deficit \nControl Act of 1985 is amended by striking ``and'' at the end of \nsubparagraph (A), by striking the period and inserting ``; and'' at the \nend of subparagraph (B), and by adding at the end the following new \nsubparagraph:\n                    ``(C) extending provisions in the Economic Growth \n                and Tax Relief Reconciliation Act of 2001 or provisions \n                in sections 101 through 104, section 202, or sections \n                301 and 302 of the Jobs and Growth Tax Relief \n                Reconciliation Act of 2003.''.\n\nSEC. 7. REPORTS.\n\n    Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced \nBudget and Emergency Deficit Control Act of 1985 are amended by \nstriking ``2002'' and inserting ``2009''.\n\nSEC. 8. EXPIRATION.\n\n    Section 275(b) of the Balanced Budget and Emergency Deficit Control \nAct of 1985 is amended by striking ``2002'' and inserting ``2009'' and \nby striking ``2006'' and inserting ``2013''.\n\nSEC. 9. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY \n              DEFICIT CONTROL ACT OF 1985.\n\n    Part C of the Balanced Budget and Emergency Deficit Control Act of \n1985 is amended as follows:\n            (1) In section 250(a), strike ``SEC. 256. GENERAL AND \n        SPECIAL SEQUESTRATION RULES'' and insert ``Sec. 256. General \n        and special sequestration rules'' in the item relating to \n        section 256.\n            (2) In subparagraphs (F), (G), (H), (I), (J), and (K) of \n        section 250(c)(4), insert ``subparagraph'' after ``described \n        in'' each place it appears.\n            (3) In section 250(c)(18), insert ``of'' after \n        ``expenses''.\n            (4) In section 251(b)(1)(A), strike ``committees'' the \n        first place it appears and insert ``Committees''.\n            (5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and \n        insert ``fiscal year''.\n            (6) In section 251(b)(1)(D)(ii), strike ``fiscal years'' \n        and insert ``fiscal year''.\n            (7) In section 252(b)(2)(B), insert ``the'' before ``budget \n        year''.\n            (8) In section 252(c)(1)(C)(i), strike ``paragraph (1)'' \n        and insert ``subsection (b)''.\n            (9) In section 254(c)(3)(A), strike ``subsection'' and \n        insert ``section''.\n            (10) In section 254(f)(4), strike ``subsection'' and insert \n        ``section'' and strike ``sequesterable'' and insert \n        ``sequestrable''.\n            (11) In section 255(g)(1)(B), move the fourteenth \n        undesignated clause 2 ems to the right.\n            (12) In section 255(g)(2), insert ``and'' after the \n        semicolon at the end of the next-to-last undesignated clause.\n            (13) In section 255(h)--\n                    (A) strike ``and'' after the semicolon in the ninth \n                undesignated clause;\n                    (B) insert ``and'' after the semicolon at the end \n                of the tenth undesignated clause; and\n                    (C) strike the semicolon at the end and insert a \n                period.\n            (14) In section 256(k)(1), strike ``paragraph (5)'' and \n        insert ``paragraph (6)''.\n            (15) In section 257(b)(2)(A)(i), strike ``differenes'' and \n        insert ``differences''.","title":""}
+{"_id":"c39","text":"SECTION 1. GRATUITOUS TRANSFERS FOR THE BENEFIT OF EMPLOYEES.\n\n    (a) In General.--Subparagraph (C) of section 664(d)(1) of the \nInternal Revenue Code of 1986 and subparagraph (C) of section 664(d)(2) \nof such Code are each amended by striking the period at the end thereof \nand inserting ``or, to the extent the remainder interest is in \nqualified employer securities (as defined in paragraph (3)(C)), is to \nbe transferred to an employee stock ownership plan (as defined in \nsection 4975(e)(7)) in a qualified gratuitous transfer (as defined by \nparagraph (3)).''\n    (b) Qualified Gratuitous Transfer Defined.--Subsection (d) of \nsection 664 of such Code is amended by redesignating paragraph (3) as \nparagraph (4) and by inserting after paragraph (2) the following new \nparagraph:\n            ``(3) Qualified gratuitous transfer of qualified employer \n        securities.--\n                    ``(A) In general.--For purposes of this section, \n                the term `qualified gratuitous transfer' means a \n                transfer of qualified employer securities to an \n                employee stock ownership plan (as defined in section \n                4975(e)(7)) but only to the extent that--\n                            ``(i) the securities transferred previously \n                        passed from a decedent to a trust described in \n                        paragraph (1) or (2);\n                            ``(ii) no deduction under section 404 is \n                        allowable with respect to such transfer;\n                            ``(iii) such plan provides that the \n                        securities so transferred are allocated to plan \n                        participants in a manner consistent with \n                        section 401(a)(4);\n                            ``(iv) such plan treats such securities as \n                        being attributable to employer contributions \n                        but without regard to the limitations otherwise \n                        applicable to such contributions under section \n                        404;\n                            ``(v) such plan provides that such \n                        securities are held in a suspense account under \n                        the plan to be allocated each year, up to the \n                        limitations under section 415(c), after first \n                        allocating all other annual additions for the \n                        limitation year, up to the limitations under \n                        sections 415 (c) and (e); and\n                            ``(vi) the employer whose employees are \n                        covered by the plan described in this \n                        subparagraph files with the Secretary a \n                        verified written statement consenting to the \n                        application of sections 4978 and 4979A with \n                        respect to such employer.\n                    ``(B) Qualified employer securities.--For purposes \n                of this section, the term `qualified employer \n                securities' means employer securities (as defined in \n                section 409(l)) which are issued by a domestic \n                corporation which has no outstanding stock which is \n                readily tradable on an established securities market.\n                    ``(C) Treatment of securities allocated by employee \n                stock ownership plan to persons related to decedent or \n                5-percent shareholders.--\n                            ``(i) In general.--If any portion of the \n                        assets of the plan attributable to securities \n                        acquired by the plan in a qualified gratuitous \n                        transfer are allocated to the account of--\n                                    ``(I) any person who is related to \n                                the decedent (within the meaning of \n                                section 267(b)), or\n                                    ``(II) any person who, at the time \n                                of such allocation or at any time \n                                during the 1-year period ending on the \n                                date of the acquisition of qualified \n                                employer securities by the plan, is a \n                                5-percent shareholder of the employer \n                                maintaining the plan,\n                        the plan shall be treated as having distributed \n                        (at the time of such allocation) to such person \n                        or shareholder the amount so allocated.\n                            ``(ii) 5-percent shareholder.--For purposes \n                        of clause (i), the term `5-percent shareholder' \n                        means any person who owns (directly or through \n                        the application of section 318(a)) more than 5 \n                        percent of--\n                                    ``(I) any class of outstanding \n                                stock of the corporation which issued \n                                such qualified employer securities or \n                                of any corporation which is a member of \n                                the same controlled group of \n                                corporations (within the meaning of \n                                section 409(l)(4)) as such corporation, \n                                or\n                                    ``(II) the total value of any class \n                                of outstanding stock of any such \n                                corporation; and\n                        For purposes of the preceding sentence, section \n                        318(a) shall be applied without regard to the \n                        exception in paragraph (2)(B)(i) thereof.\n                            ``(iii) Cross reference.--\n\n                                ``For excise tax on allocations \ndescribed in clause (i), see section 4979A.''\n    (c) Conforming Amendments.--\n            (1) Section 401(a)(1) of such Code is amended by inserting \n        ``or by a charitable remainder trust pursuant to a qualified \n        gratuitous transfer (as defined in section 664(d)(3)(A)),'' \n        after ``stock bonus plans),''.\n            (2) Section 404(a)(9) of such Code is amended by inserting \n        after subparagraph (B) the following new subparagraph:\n                    ``(C) A qualified gratuitous transfer (as defined \n                in section 664(d)(3)(A)) shall have no effect on the \n                amount or amounts otherwise deductible under paragraph \n                (3) or (7) or under this paragraph.''\n            (3) Section 415(c)(6) of such Code is amended by adding at \n        the end thereof the following new sentence:\n        ``The amount of any qualified gratuitous transfer (as defined \n        in section 664(d)(3)(A)) allocated to a participant for any \n        limitation year shall not exceed the limitations imposed by \n        this section, but such amount shall not be taken into account \n        in determining whether any other amount exceeds the limitations \n        imposed by this section.''\n            (4) Section 415(e) of such Code is amended--\n                    (A) by redesignating paragraph (6) as paragraph \n                (7), and\n                    (B) by inserting after paragraph (5) the following \n                new paragraph:\n            ``(6) Special rule for qualified gratuitous transfers.--Any \n        qualified gratuitous transfer of qualified employer securities \n        (as defined by section 664(d)(3)) shall not be taken into \n        account in calculating, and shall not be subject to, the \n        limitations provided in this subsection.''\n            (5) Paragraph (3) of section 644(e) of such Code is amended \n        to read as follows:\n            ``(3) acquired by a charitable remainder annuity trust (as \n        defined in section 664(d)(1)) or a charitable remainder \n        unitrust (as defined in sections 664(d) (2) and (4)), or''.\n            (6) Subparagraph (B) of section 664(d)(1) of such Code and \n        subparagraph (B) of section 664(d)(2) of such Code are each \n        amended by inserting ``and other than qualified gratuitous \n        transfers described in subparagraph (C)'' after ``subparagraph \n        (A)''.\n            (7) Paragraph (4) of section 674(b) of such Code is amended \n        by inserting before the period ``or to an employee stock \n        ownership plan (as defined in section 4975(e)(7)) in a \n        qualified gratuitous transfer (as defined in section \n        664(d)(3))''.\n            (8)(A) Section 2055(a) of such Code is amended--\n                    (i) by striking ``or'' at the end of paragraph (3),\n                    (ii) by striking the period at the end of paragraph \n                (4) and inserting ``; or'', and\n                    (iii) by inserting after paragraph (4) the \n                following new paragraph:\n            ``(5) to an employee stock ownership plan if such transfer \n        qualifies as a qualified gratuitous transfer of qualified \n        employer securities within the meaning of section 664(d)(3).''\n            (B) Clause (ii) of section 2055(e)(3)(C) of such Code is \n        amended by striking ``section 664(d)(3)'' and inserting \n        ``section 664(d)(4)''.\n            (9) Paragraph (8) of section 2056(b) of such Code is \n        amended to read as follows:\n            ``(8) Special rule for charitable remainder trusts.--\n                    ``(A) In general.--If the surviving spouse of the \n                decedent is the only beneficiary of a qualified \n                charitable remainder trust who is not a charitable \n                beneficiary nor an ESOP beneficiary, paragraph (1) \n                shall not apply to any interest in such trust which \n                passes or has passed from the decedent to such \n                surviving spouse.\n                    ``(B) Definitions.--For purposes of subparagraph \n                (A)--\n                            ``(i) Charitable beneficiary.--The term \n                        `charitable beneficiary' means any beneficiary \n                        which is an organization described in section \n                        170(c).\n                            ``(ii) Esop beneficiary.--The term `ESOP \n                        beneficiary' means any beneficiary which is an \n                        employee stock ownership plan (as defined in \n                        section 4975(e)(7)) that holds a remainder \n                        interest in qualified employer securities (as \n                        defined in section 664(d)(3)) to be transferred \n                        to such plan in a qualified gratuitous transfer \n                        (as defined in section 664(d)(3)).\n                            ``(iii) Qualified charitable remainder \n                        trust.--The term `qualified charitable \n                        remainder trust' means a charitable remainder \n                        annuity trust or a charitable remainder \n                        unitrust (described in section 664).''\n            (10) Section 4947(b) of such Code is amended by inserting \n        after paragraph (3) the following new paragraph:\n            ``(4) Section 507.--The provisions of section 507(a) shall \n        not apply to a trust which is described in subsection (a)(2) by \n        reason of a distribution of qualified employer securities (as \n        defined in section 664(d)(3)) to an employee stock ownership \n        plan (as defined in section 4975(e)(7)) in a qualified \n        gratuitous transfer (as defined by section 664(d)(3)).''\n            (11) The last sentence of section 4975(e)(7) of such Code \n        is amended by inserting ``and section 664(d)(3)'' after \n        ``section 409(n)''\n            (12) Subsection (a) of section 4978 of such Code is amended \n        by inserting ``or acquired any qualified employer securities in \n        a qualified gratuitous transfer to which section 664(d)(3) \n        applied'' after ``section 1042 applied''.\n            (13) Paragraph (2) of section 4978(b) of such Code is \n        amended--\n                    (A) by inserting ``or acquired in the qualified \n                gratuitous transfer to which section 664(d)(3) \n                applied'' after ``section 1042 applied'', and\n                    (B) by inserting ``or to which section 664(d)(3) \n                applied'' after ``section 1042 applied'' in \n                subparagraph (C) thereof.\n            (14) Subsection (c) of section 4978 of such Code is amended \n        by striking ``written statement'' and all that follows and \n        inserting ``written statement described in section \n        664(d)(3)(A)(vi) or in section 1042(b)(3) (as the case may \n        be).''\n            (15) Paragraph (2) of section 4978(e) of such Code is \n        amended by striking the period and inserting ``; except that \n        such section shall be applied without regard to subparagraph \n        (B) thereof for purposes of applying this section and section \n        4979A with respect to securities acquired in a qualified \n        gratuitous transfer (as defined in section 664(d)(3)(A)).''\n            (16) Subsection (a) of section 4979A of such Code is \n        amended to read as follows:\n    ``(a) Imposition of Tax.--If--\n            ``(1) there is a prohibited allocation of qualified \n        securities by any employee stock ownership plan or eligible \n        worker-owned cooperative, or\n            ``(2) there is an allocation described in section \n        663(d)(3)(C)(i),\nthere is hereby imposed a tax on such allocation equal to 50 percent of \nthe amount involved.''\n            (17) Subsection (c) of section 4979A of such Code is \n        amended to read as follows:\n    ``(c) Liability for Tax.--The tax imposed by this section shall be \npaid by--\n            ``(1) the employer sponsoring such plan, or\n            ``(2) the eligible worker-owned cooperative,\nwhich made the written statement described in section 664(d)(3)(A)(vi) \nor in section 1042(b)(3)(B) (as the case may be).''\n            (18) Section 4979A of such Code is amended by redesignating \n        subsection (d) as subsection (e) and by inserting after \n        subsection (c) the following new subsection:\n    ``(d) Special Statute of Limitations for Tax Attributable to \nCertain Allocations.--The statutory period for the assessment of any \ntax imposed by this section on an allocation described in subsection \n(a)(2) of qualified employer securities shall not expire before the \ndate which is 3 years from the later of--\n            ``(1) the 1st allocation of such securities in connection \n        with a qualified gratuitous transfer (as defined in section \n        664(d)(3)(A)), or\n            ``(2) the date on which the Secretary is notified of the \n        allocation described in subsection (a)(2).''\n    (d) Effective Date.--The amendments made by this section shall \napply to transfers made by trusts to, or for the use of, an employee \nstock ownership plan after the date of the enactment of this Act.","title":""}
+{"_id":"c390","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Sports Agent Responsibility and \nTrust Act''.\n\nSEC. 2. DEFINITIONS.\n\n    As used in this Act, the following definitions apply:\n            (1) Agency contract.--The term ``agency contract'' means an \n        oral or written agreement in which a student athlete authorizes \n        a person to negotiate or solicit on behalf of the student \n        athlete a professional sports contract or an endorsement \n        contract.\n            (2) Athlete agent.--The term ``athlete agent'' means an \n        individual who enters into an agency contract with a student \n        athlete, or directly or indirectly recruits or solicits a \n        student athlete to enter into an agency contract, and does not \n        include a spouse, parent, sibling, grandparent, or guardian of \n        such student athlete, or an individual acting solely on behalf \n        of a professional sports team or professional sports \n        organization.\n            (3) Athletic director.--The term ``athletic director'' \n        means an individual responsible for administering the athletic \n        program of an educational institution or, in the case that such \n        program is administered separately, the athletic program for \n        male students or the athletic program for female students, as \n        appropriate.\n            (4) Commission.--The term ``Commission'' means the Federal \n        Trade Commission.\n            (5) Endorsement contract.--The term ``endorsement \n        contract'' means an agreement under which a student athlete is \n        employed or receives consideration for the use by the other \n        party of that individual's person, name, image, or likeness in \n        the promotion of any product, service, or event.\n            (6) Intercollegiate sport.--The term ``intercollegiate \n        sport'' means a sport played at the collegiate level for which \n        eligibility requirements for participation by a student athlete \n        are established by a national association for the promotion or \n        regulation of college athletics.\n            (7) Professional sports contract.--The term ``professional \n        sports contract'' means an agreement under which an individual \n        is employed, or agrees to render services, as a player on a \n        professional sports team, with a professional sports \n        organization, or as a professional athlete.\n            (8) State.--The term ``State'' includes a State of the \n        United States, the District of Columbia, Puerto Rico, the \n        United States Virgin Islands, or any territory or insular \n        possession subject to the jurisdiction of the United States.\n            (9) Student athlete.--The term ``student athlete'' means an \n        individual who engages in, is eligible to engage in, or may be \n        eligible in the future to engage in, any intercollegiate sport. \n        An individual who is permanently ineligible to participate in a \n        particular intercollegiate sport is not a student athlete for \n        purposes of that sport.\n\nSEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN \n              CONNECTION WITH THE CONTACT BETWEEN AN ATHLETE AGENT AND \n              A STUDENT ATHLETE.\n\n    (a) Conduct Prohibited.--It is unlawful for an athlete agent to--\n            (1) directly or indirectly recruit or solicit a student \n        athlete to enter into an agency contract, by--\n                    (A) giving any false or misleading information or \n                making a false promise or representation; or\n                    (B) providing anything of value to a student \n                athlete or anyone associated with the student athlete \n                before the student athlete enters into an agency \n                contract;\n            (2) enter into an agency contract with a student athlete \n        without providing the student athlete with the disclosure \n        document described in subsection (b); or\n            (3) predate or postdate an agency contract.\n    (b) Required Disclosure by Athlete Agents to Student Athletes.--\n            (1) In general.-- In conjunction with the entering into of \n        an agency contract, an athlete agent shall provide to the \n        student athlete, or, if the student athlete is under the age of \n        18 to such student athlete's parent or legal guardian, a \n        disclosure document that meets the requirements of this \n        subsection. Such disclosure document is separate from and in \n        addition to any disclosure which may be required under State \n        law.\n            (2) Signature of student athlete.--The disclosure document \n        must be signed by the student athlete, or, if the student \n        athlete is under the age of 18 by such student athlete's parent \n        or legal guardian, prior to entering into the agency contract.\n            (3) Required language.--The disclosure document must \n        contain, in close proximity to the signature of the student \n        athlete, or, if the student athlete is under the age of 18, the \n        signature of such student athlete's parent or legal guardian, a \n        conspicuous notice in boldface type stating: ``Warning to \n        Student Athlete: If you agree orally or in writing to be \n        represented by an agent now or in the future you may lose your \n        eligibility to compete as a student athlete in your sport. \n        Within 72 hours after entering into this contract or before the \n        next athletic event in which you are eligible to participate, \n        whichever occurs first, both you and the agent by whom you are \n        agreeing to be represented must notify the athletic director of \n        the educational institution at which you are enrolled, or other \n        individual responsible for athletic programs at such \n        educational institution, that you have entered into an agency \n        contract.''.\n\nSEC. 4. ENFORCEMENT.\n\n    (a) Unfair or Deceptive Act or Practice.--A violation of this Act \nshall be treated as a violation of a rule defining an unfair or \ndeceptive act or practice prescribed under section 18(a)(1)(B) of the \nFederal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).\n    (b) Actions by the Commission.--The Commission shall enforce this \nAct in the same manner, by the same means, and with the same \njurisdiction, powers, and duties as though all applicable terms and \nprovisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) \nwere incorporated into and made a part of this Act.\n\nSEC. 5. ACTIONS BY STATES.\n\n    (a) In General.--\n            (1) Civil actions.--In any case in which the attorney \n        general of a State has reason to believe that an interest of \n        the residents of that State has been or is threatened or \n        adversely affected by the engagement of any athlete agent in a \n        practice that violates section 3 of this Act, the State may \n        bring a civil action on behalf of the residents of the State in \n        a district court of the United States of appropriate \n        jurisdiction to--\n                    (A) enjoin that practice;\n                    (B) enforce compliance with this Act;\n                    (C) obtain damage, restitution, or other \n                compensation on behalf of residents of the State; or\n                    (D) obtain such other relief as the court may \n                consider to be appropriate.\n            (2) Notice.--\n                    (A) In general.--Before filing an action under \n                paragraph (1), the attorney general of the State \n                involved shall provide to the Commission--\n                            (i) written notice of that action; and\n                            (ii) a copy of the complaint for that \n                        action.\n                    (B) Exemption.--Subparagraph (A) shall not apply \n                with respect to the filing of an action by an attorney \n                general of a State under this subsection, if the \n                attorney general determines that it is not feasible to \n                provide the notice described in that subparagraph \n                before filing of the action. In such case, the attorney \n                general of a State shall provide notice and a copy of \n                the complaint to the Commission at the same time as the \n                attorney general files the action.\n    (b) Intervention.--\n            (1) In general.--On receiving notice under subsection \n        (a)(2), the Commission shall have the right to intervene in the \n        action that is the subject of the notice.\n            (2) Effect of intervention.--If the Commission intervenes \n        in an action under subsection (a), it shall have the right--\n                    (A) to be heard with respect to any matter that \n                arises in that action; and\n                    (B) to file a petition for appeal.\n    (c) Construction.--For purposes of bringing any civil action under \nsubsection (a), nothing in this title shall\nbe construed to prevent an attorney general of a State from exercising \nthe powers conferred on the attorney general by the laws of that State \nto--\n            (1) conduct investigations;\n            (2) administer oaths or affirmations; or\n            (3) compel the attendance of witnesses or the production of \n        documentary and other evidence.\n    (d) Actions by the Commission.--In any case in which an action is \ninstituted by or on behalf of the Commission for a violation of section \n3, no State may, during the pendency of that action, institute an \naction under subsection (a) against any defendant named in the \ncomplaint in that action--\n    (e) Venue.--Any action brought under subsection (a) may be brought \nin the district court of the United States that meets applicable \nrequirements relating to venue under section 1391 of title 28, United \nStates Code.\n    (f) Service of Process.--In an action brought under subsection (a), \nprocess may be served in any district in which the defendant--\n            (1) is an inhabitant; or\n            (2) may be found.\n\nSEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION.\n\n    (a) Notice Required.--Within 72 hours after entering into an agency \ncontract or before the next athletic event in which the student athlete \nmay participate, whichever occurs first, the athlete agent and the \nstudent athlete shall each inform the athletic director of the \neducational institution at which the student athlete is enrolled, or \nother individual responsible for athletic programs at such educational \ninstitution, that the student athlete has entered into an agency \ncontract, and the athlete agent shall provide the athletic director \nwith notice in writing of such a contract.\n    (b) Civil Remedy.--\n            (1) In general.--An educational institution has a right of \n        action against an athlete agent for damages caused by a \n        violation of this Act.\n            (2) Damages.--Damages of an educational institution may \n        include losses and expenses incurred because, as a result of \n        the conduct of the athlete agent, the educational institution \n        was injured by a violation of this Act or was penalized, \n        disqualified, or suspended from participation in athletics by a \n        national association for the promotion and regulation of \n        athletics, by an athletic conference, or by reasonable self-\n        imposed disciplinary action taken to mitigate actions likely to \n        be imposed by such an association or conference.\n            (3) Costs and attorneys fees.--In an action taken under \n        this section, the court may award to the prevailing party costs \n        and reasonable attorneys fees.\n            (4) Effect on other rights, remedies and defenses.--This \n        section does not restrict the rights, remedies, or defenses of \n        any person under law or equity.\n\nSEC. 7. SENSE OF CONGRESS.\n\n    It is the sense of Congress that States should enact the Uniform \nAthlete Agents Act of 2000 drafted by the National Conference of \nCommissioners on Uniform State Laws, to protect student athletes and \nthe integrity of amateur sports from unscrupulous sports agents. In \nparticular, it is the sense of Congress that States should enact the \nprovisions relating to the registration of sports agents, the required \nform of contract, the right of the student athlete to cancel an agency \ncontract, the disclosure requirements relating to record maintenance, \nreporting, renewal, notice, warning, and security, and the provisions \nfor reciprocity among the States.","title":""}
+{"_id":"c391","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``State Innovation Pilot Act of \n2011''.\n\nSEC. 2. PURPOSES.\n\n    The purposes of this Act are--\n            (1) to support State, local, and tribal leadership and \n        innovation in preparing all students to meet State-developed \n        college and career ready academic content standards and student \n        academic achievement standards, by establishing a process to \n        permit State, local, and tribal educational leaders to \n        implement alternative and innovative strategies to improve \n        student academic achievement and otherwise meet the purposes of \n        the Elementary and Secondary Education Act of 1965 (20 U.S.C. \n        6301 et seq.); and\n            (2) to direct the Secretary of Education to defer to State, \n        local, and tribal judgments regarding how best to accomplish \n        the purposes of the Elementary and Secondary Education Act of \n        1965.\n\nSEC. 3. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.\n\n    Section 9401 of the Elementary and Secondary Education Act of 1965 \n(20 U.S.C. 7861) is amended--\n            (1) by striking subsection (a) and inserting the following:\n    ``(a) In General.--\n            ``(1) Request for waiver.--A State educational agency, \n        local educational agency, or Indian tribe that receives funds \n        under a program authorized under this Act may submit a request \n        to the Secretary to waive any statutory or regulatory \n        requirement of this Act.\n            ``(2) Receipt of waiver.--Except as provided in subsection \n        (c), the Secretary shall waive any statutory or regulatory \n        requirement of this Act for a State educational agency, local \n        educational agency, Indian tribe, or school (through a local \n        educational agency), that submits a waiver request pursuant to \n        this subsection.'';\n            (2) in subsection (b)--\n                    (A) in paragraph (1)--\n                            (i) in the matter preceding subparagraph \n                        (A), by inserting ``, which shall include a \n                        plan'' after ``waiver request to the \n                        Secretary'';\n                            (ii) in subparagraph (B), by striking ``and \n                        how the waiving of those requirements will'' \n                        and all that follows through the end, and \n                        inserting a semicolon;\n                            (iii) by redesignating subparagraph (E) as \n                        subparagraph (F); and\n                            (iv) by striking subparagraphs (C) and (D), \n                        and inserting the following:\n                    ``(C) reasonably demonstrates that the waiver will \n                improve instruction for students, advance student \n                academic achievement, and contribute to student mastery \n                of knowledge and skills, consistent with the State's \n                college and career ready academic content standards and \n                student academic achievement standards;\n                    ``(D) describes the methods the State educational \n                agency, local educational agency, or Indian tribe will \n                use to--\n                            ``(i) monitor the effectiveness of the \n                        implementation of the plan; and\n                            ``(ii) assure regular evaluation and \n                        continuous improvement of the plan;\n                    ``(E) as applicable to the waiver request--\n                            ``(i) describes the State educational \n                        agency, local educational agency, or Indian \n                        tribe's process for making valid and meaningful \n                        accountability determinations, based on student \n                        academic achievement, to review the success of \n                        schools and local educational agencies or \n                        Indian tribes in implementing the State's \n                        college and career ready academic content \n                        standards and student academic achievement \n                        standards;\n                            ``(ii) describes the State educational \n                        agency, local educational agency, or Indian \n                        tribe's process for accurately and meaningfully \n                        identifying, supporting, and intervening in \n                        underperforming schools, consistent with \n                        applicable State or local policy; and\n                            ``(iii) includes information on how the \n                        State educational agency, local educational \n                        agency, or Indian tribe will maintain and \n                        improve transparency in reporting to parents \n                        and the public on student achievement and \n                        school performance, including the achievement \n                        of students according to the student subgroups \n                        described in subclauses (I) through (IV) of \n                        section 1111(b)(2)(B)(viii); and'';\n                    (B) in paragraph (2)(B)(i)(II), by striking ``(on \n                behalf of, and based on the requests of, local \n                educational agencies)'' and inserting ``(on their own \n                behalf, or on behalf of, and based on the requests of, \n                local educational agencies in the State)'';\n                    (C) in paragraph (3)(A), in the matter preceding \n                clause (i), by inserting ``or on behalf of local \n                educational agencies in the State,'' after ``acting on \n                its own behalf,''; and\n                    (D) by adding at the end the following:\n            ``(4) Peer review.--\n                    ``(A) Peer review team.--\n                            ``(i) In general.--The Secretary shall \n                        establish multi-disciplinary peer review teams \n                        and appoint members to such teams, including \n                        persons who have experience with a State \n                        educational agency (or local educational agency \n                        or Indian tribe, as appropriate) and broader \n                        education reform experience, to review waiver \n                        requests under this section if--\n                                    ``(I) the Secretary requests such \n                                input in order to approve a waiver \n                                request; or\n                                    ``(II) the Secretary intends to \n                                disapprove a request.\n                            ``(ii) Team in place for all waiver \n                        requests.--The Secretary may, at the \n                        Secretary's discretion, have a peer review team \n                        review all waiver requests submitted under this \n                        section.\n                    ``(B) Applicability.--The Secretary may approve a \n                waiver request under this section without conducting a \n                peer review of the request, but shall use the peer \n                review process under this paragraph before disapproving \n                such a request.\n                    ``(C) Purpose of peer review.--The peer review \n                process shall be designed to--\n                            ``(i) promote effective implementation of \n                        State-developed college and career ready \n                        academic content standards and student academic \n                        achievement standards, through State and local \n                        innovation; and\n                            ``(ii) provide transparent feedback to \n                        State educational agencies, local educational \n                        agencies, or Indian tribes, designed to \n                        strengthen the applicant's plan described under \n                        paragraph (1)(C).\n                    ``(D) Standard and nature of review.--Peer \n                reviewers shall conduct a good faith review of waiver \n                requests submitted to them under this section. Peer \n                reviewers shall review such waiver requests--\n                            ``(i) in their totality;\n                            ``(ii) in deference to State and local \n                        judgment; and\n                            ``(iii) with the goal of promoting State- \n                        and local-led innovation.\n            ``(5) Waiver determination, demonstration, and revision.--\n                    ``(A) In general.--The Secretary shall approve a \n                waiver request not more than 90 days after the date on \n                which such request is submitted, unless the Secretary \n                determines and demonstrates that--\n                            ``(i) the waiver request does not meet the \n                        requirements of this section;\n                            ``(ii) the waiver is not permitted under \n                        subsection (c);\n                            ``(iii) the plan that is required under \n                        paragraph (1)(C), and reviewed with deference \n                        to State and local judgment, provides no \n                        reasonable basis to determine that a waiver \n                        will enhance student academic achievement; or\n                            ``(iv) the waiver request does not provide \n                        for adequate evaluation to ensure review and \n                        continuous improvement of the plan, consistent \n                        with paragraph (1)(D).\n                    ``(B) Waiver determination and revision.--If the \n                Secretary determines and demonstrates that the waiver \n                request does not meet the requirements of this section, \n                the Secretary shall--\n                            ``(i) immediately--\n                                    ``(I) notify the State educational \n                                agency, local educational agency, or \n                                Indian tribe of such determination; and\n                                    ``(II) at the request of the State \n                                educational agency, local educational \n                                agency, or Indian tribe, provide \n                                detailed reasons for such determination \n                                in writing;\n                            ``(ii) offer the State educational agency, \n                        local educational agency, or Indian tribe an \n                        opportunity to revise and resubmit the waiver \n                        request not more than 60 days after the date of \n                        such determination; and\n                            ``(iii) if the Secretary determines that \n                        the resubmission does not meet the requirements \n                        of this section, at the request of the State \n                        educational agency, local educational agency, \n                        or Indian tribe, conduct a public hearing not \n                        more than 30 days after the date of such \n                        resubmission.\n                    ``(C) Waiver disapproval.--The Secretary may \n                disapprove a waiver request if--\n                            ``(i) the State educational agency, local \n                        educational agency, or Indian tribe has been \n                        notified and offered an opportunity to revise \n                        and resubmit the waiver request, as described \n                        under clauses (i) and (ii) of subparagraph (B); \n                        and\n                            ``(ii) the State educational agency, local \n                        educational agency, or Indian tribe--\n                                    ``(I) does not revise and resubmit \n                                the waiver request; or\n                                    ``(II) revises and resubmits the \n                                waiver request, and the Secretary \n                                determines that such waiver request \n                                does not meet the requirements of this \n                                section after a hearing conducted under \n                                subparagraph (B)(iii).\n                    ``(D) External conditions.--The Secretary shall not \n                disapprove a waiver request under this section based on \n                conditions outside the scope of the waiver request.'';\n            (3) in subsection (d)--\n                    (A) in the heading, by adding ``; Limitations'' \n                after ``Duration and Extension of Waiver''; and\n                    (B) by adding at the end the following:\n            ``(3) Specific limitations.--The Secretary shall not \n        require a State educational agency, local educational agency, \n        or Indian tribe, as a condition of approval of a waiver \n        request, to--\n                    ``(A) include in, or delete from, such request, \n                specific academic content standards or academic \n                achievement standards;\n                    ``(B) use specific academic assessment instruments \n                or items; or\n                    ``(C) include in, or delete from, such waiver \n                request any criterion that specifies, defines, or \n                prescribes the standards or measures that a State or \n                local educational agency uses to establish, implement, \n                or improve--\n                            ``(i) State academic content standards or \n                        academic achievement standards;\n                            ``(ii) assessments;\n                            ``(iii) State accountability systems;\n                            ``(iv) systems that measure student growth;\n                            ``(v) measures of other academic \n                        indicators; or\n                            ``(vi) teacher and principal evaluation \n                        systems.'';\n            (4) in subsection (e)--\n                    (A) in paragraph (1)--\n                            (i) by striking the heading and inserting \n                        ``Waiver reports'';\n                            (ii) in the matter preceding subparagraph \n                        (A)--\n                                    (I) by striking ``local educational \n                                agency that receives'' and inserting \n                                ``State educational agency, local \n                                educational agency, or Indian tribe \n                                that receives''; and\n                                    (II) by striking ``submit a report \n                                to the State educational agency that'' \n                                and inserting ``submit a report to the \n                                Secretary that'';\n                    (B) by striking paragraphs (2) and (3);\n                    (C) by redesignating paragraph (4) as paragraph \n                (2); and\n                    (D) in paragraph (2), (as redesignated by \n                subparagraph (C)), by striking ``Beginning in fiscal \n                year 2002 and for each subsequent year, the Secretary \n                shall submit to the Committee'' and inserting ``The \n                Secretary shall annually submit to the Committee''; and\n            (5) in subsection (f), by inserting ``and the recipient of \n        the waiver has failed to make revisions needed to carry out the \n        purpose of the waiver,'' after ``has been inadequate to justify \n        a continuation of the waiver''.","title":""}
+{"_id":"c392","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Stop Adolescent Smoking Without \nExcessive Bureaucracy Act of 2008''.\n\nSEC. 2. YOUTH COMPLIANCE TARGET AND ENFORCEMENT.\n\n    (a) Amendment.--Section 1926 of the Public Health Service Act (42 \nU.S.C. 300x-26) is amended to read as follows:\n\n``SEC. 1926. STRENGTHENING STATE LAWS RELATING TO TOBACCO PRODUCT SALES \n              TO INDIVIDUALS UNDER THE AGE OF 18.\n\n    ``(a) Relevant Law.--\n            ``(1) In general.--Subject to paragraph (2), for fiscal \n        year 2010 and subsequent fiscal years, the Secretary may make a \n        grant under section 1921 only if the State involved has in \n        effect a law providing that--\n                    ``(A) it is unlawful for any manufacturer, \n                retailer, or distributor of tobacco products to sell or \n                distribute any such product to any individual under 18 \n                years of age;\n                    ``(B) it is unlawful for an individual under 18 \n                years of age--\n                            ``(i) to purchase or attempt to purchase, \n                        or receive or attempt to receive, a tobacco \n                        product; or\n                            ``(ii) to possess or attempt to possess a \n                        tobacco product in a public place;\n                    ``(C) a law enforcement agency, upon determining \n                that an individual under 18 years of age allegedly \n                purchased or received a tobacco product, or allegedly \n                possessed a tobacco product in a public place, shall \n                notify the individual's parent or parents, custodian, \n                or guardian (if the name and address of a parent, \n                guardian, or custodian is reasonably ascertainable);\n                    ``(D) within 180 days after the effective date of \n                such State law, any person engaged in the business of \n                distributing tobacco products at retail shall implement \n                a program--\n                            ``(i) to notify each employee employed by \n                        that person who distributes tobacco products \n                        that State law prohibits the sale or \n                        distribution of tobacco products to any \n                        individual under 18 years of age and the \n                        purchase or receipt, or possession in a public \n                        place, of tobacco products by any such \n                        individual; and\n                            ``(ii) to ensure compliance with such law;\n                    ``(E) an employer shall not be in violation of the \n                prohibition described in subparagraph (A) if such \n                employer--\n                            ``(i) relies upon proof of age that \n                        appeared on its face to be valid; or\n                            ``(ii) implements a program in accordance \n                        with subparagraph (D); and\n                    ``(F) an individual who violates the prohibition \n                described in subparagraph (B) may be liable for a civil \n                monetary penalty and may be required to perform \n                community service.\n            ``(2) Delayed applicability for certain states.--In the \n        case of a State whose legislature does not convene a regular \n        session in fiscal year 2010, and in the case of a State whose \n        legislature does not convene a regular session in fiscal year \n        2011, the requirement described in paragraph (1) as a condition \n        of a receipt of a grant under section 1921 shall apply only for \n        fiscal year 2012 and subsequent fiscal years.\n    ``(b) State Goals for Noncompliance.--Beginning with respect to the \nfirst applicable fiscal year, a funding agreement for a grant under \nsection 1921 is that the State involved has established goals for \nreducing the rate of retailer violations of the law described in \nsubsection (a), as determined through annual, random, unannounced \ninspections described in subsection (c)(2)(A), so that the rate of such \nviolations relative to the number of inspections does not exceed the \nfollowing:\n            ``(1) 20 percent during fiscal year 2010.\n            ``(2) 19 percent during fiscal year 2011.\n            ``(3) 18 percent during fiscal year 2012.\n            ``(4) 17 percent during fiscal year 2013.\n            ``(5) 16 percent during fiscal year 2014.\n            ``(6) 15 percent during fiscal year 2015.\n            ``(7) 14 percent during fiscal year 2016.\n            ``(8) 13 percent during fiscal year 2017.\n            ``(9) 12 percent during fiscal year 2018.\n            ``(10) 11 percent during fiscal year 2019.\n            ``(11) 10 percent during fiscal year 2020 and each \n        subsequent year.\n    ``(c) Enforcement.--\n            ``(1) In general.--A funding agreement for a grant under \n        section 1921 is that the State involved will enforce the law \n        described in subsection (a) in a manner that can reasonably be \n        expected to achieve the goals established pursuant to \n        subsection (b) and reduce the extent to which tobacco products \n        are available to individuals under 18 years of age.\n            ``(2) Activities and reports regarding enforcement.--A \n        funding agreement for a grant under section 1921 is that the \n        State involved will--\n                    ``(A) annually conduct random, unannounced \n                inspections to ensure compliance with the law described \n                in subsection (a); and\n                    ``(B) annually submit to the Secretary a report \n                describing--\n                            ``(i) the activities carried out by the \n                        State to enforce such law during the fiscal \n                        year preceding the fiscal year for which the \n                        State is seeking the grant;\n                            ``(ii) the extent of success the State has \n                        achieved in meeting the goals established \n                        pursuant to subsection (b) and in reducing the \n                        availability of tobacco products to individuals \n                        under 18 years of age; and\n                            ``(iii) the strategies to be utilized by \n                        the State for enforcing such law during the \n                        fiscal year for which the grant is sought.\n            ``(3) Use of individuals under 18 years of age in \n        inspections.--A funding agreement for a grant under section \n        1921 is that the State may engage an individual under 18 years \n        of age to test compliance with the law described in subsection \n        (a) only if--\n                    ``(A) the testing is conducted with the written \n                consent of a parent or legal guardian of such \n                individual; and\n                    ``(B) such individual acts under the direct \n                supervision of the State during a random, unannounced \n                inspection.\n    ``(d) Use of State Settlement Proceeds.--A funding agreement for a \ngrant under section 1921 is that the State involved certifies to the \nSecretary that, with respect to the calendar year preceding the year in \nwhich the State is applying for such a grant, the State expended more \nthan 10 percent of the funds paid to the State for such calendar year \nas part of the comprehensive settlement of November 1998 (as referred \nto in section 1903(d)(3)(B)(i) of the Social Security Act) on health \nprograms, tobacco control and cessation activities, or economic \ndevelopment for tobacco regions.\n    ``(e) Noncompliance of State.--\n            ``(1) Determination by secretary.--Before making a grant \n        under section 1921 to a State for any fiscal year, the \n        Secretary shall make a determination of whether the State has \n        maintained compliance with subsections (a), (b), (c), and (d).\n            ``(2) Reduction of allotment.--Beginning with respect to \n        the first applicable fiscal year, if, after notice to the State \n        and an opportunity for a hearing, the Secretary determines that \n        the State is not in compliance with any of subsections (a), \n        (b), or (c), the Secretary shall reduce the amount of the \n        allotment under section 1921 for the State for the fiscal year \n        involved by an amount equal to--\n                    ``(A) in the case of fiscal year 2010, 10 percent \n                of the amount determined under section 1933 for the \n                State for the fiscal year;\n                    ``(B) in the case of fiscal year 2011, 20 percent \n                of the amount determined under section 1933 for the \n                State for the fiscal year;\n                    ``(C) in the case of fiscal year 2012, 30 percent \n                of the amount determined under section 1933 for the \n                State for the fiscal year; and\n                    ``(D) in the case of fiscal year 2013 or any \n                subsequent fiscal year, 40 percent of the amount \n                determined under section 1933 for the State for the \n                fiscal year.\n            ``(3) Additional reduction.--Beginning with respect to the \n        first applicable fiscal year, if the Secretary determines under \n        paragraph (1) that the State is not in compliance with any of \n        subsections (a), (b), or (c), and is not in compliance with \n        subsection (d), the Secretary may reduce the amount of the \n        allotment under section 1921 for the State for the fiscal year \n        involved by an amount equal to 10 percent of the amount \n        determined under section 1933 for the State for such fiscal \n        year. Such reduction shall be in addition to the reduction \n        under paragraph (2).\n    ``(f) Assistance in Implementing Programs.--In order to assist \nStates in establishing and implementing State laws described in \nsubsection (a), the Secretary shall--\n            ``(1) develop not later than January 1, 2009, and \n        subsequently revise as appropriate, model legislative language; \n        and\n            ``(2) provide technical assistance and guidance in \n        developing, enacting, and implementing such laws and in setting \n        goals pursuant to subsection (b).\n    ``(g) Definition.--In this section, the term `first applicable \nfiscal year' means--\n            ``(1) fiscal year 2012, in the case of any State described \n        in subsection (a)(2); and\n            ``(2) fiscal year 2010, in the case of any other State.''.\n    (b) Effective Date.--\n            (1) In general.--The amendment made by subsection (a) shall \n        apply with respect to the first applicable fiscal year and each \n        subsequent fiscal year. The provisions of section 1926 of the \n        Public Health Service Act (42 U.S.C. 300x-26), as in effect on \n        the day before the date of the enactment of this Act, shall \n        apply with respect to fiscal years preceding the first \n        applicable fiscal year.\n            (2) Definition.--In this subsection, the term ``first \n        applicable fiscal year'' has the meaning given such term in \n        subsection (g) of section 1926 of the Public Health Service Act \n        (42 U.S.C. 300x-26), as amended by subsection (a) of this \n        section.\n\nSEC. 3. PUBLIC DISCLOSURE OF INGREDIENTS.\n\n    Section 7 of the Federal Cigarette Labeling and Advertising Act (15 \nU.S.C. 1335a) is amended--\n            (1) in subsection (a), by striking ``the company which uses \n        the ingredients or''; and\n            (2) by amending subsection (b)(2) to read as follows:\n    ``(2) The Secretary shall make any information provided under this \nsection accessible to the public on the Internet not later than 48 \nhours after receipt by the Secretary.''.","title":""}
+{"_id":"c393","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Stop Any TARP Extension Act of \n2009''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds as follows:\n            (1) On October 7, 2008, Congress established the Troubled \n        Assets Relief Program (TARP) as part of the Emergency Economic \n        Stabilization Act (Public Law 110-343; 122 Stat. 3765) and \n        allocated $700,000,000,000 for the purchase of toxic assets \n        from banks with the goal of restoring liquidity to the \n        financial sector and restarting the flow of credit in our \n        markets.\n            (2) The Secretary of the Treasury, without consultation \n        with the Congress, changed the purpose of Troubled Assets \n        Relief Program and began injecting capital into financial \n        institutions through a program called the Capital Purchase \n        Program (CPP) rather than purchasing toxic assets.\n            (3) Lending by financial institutions was not noticeably \n        increased with the implementation of the Capital Purchase \n        Program and the expenditure of $250,000,000,000 of the funds \n        under the Troubled Assets Relief Program, despite the goal of \n        the program.\n            (4) The recipients of amounts under the Capital Purchase \n        Program are now faced with additional restrictions related to \n        accepting those funds.\n            (5) A number of community banks and large financial \n        institutions have expressed their desire to return their \n        Capital Purchase Program funds to the Secretary of the Treasury \n        and the Secretary has begun the process of accepting receipt of \n        such funds.\n            (6) The Secretary of the Treasury should not unilaterally \n        determine how these returned funds are spent in the future and \n        the Congress should play a role in any determination of future \n        spending of funds returned through the Troubled Assets Relief \n        Program.\n\nSEC. 3. REPEAL OF TARP EXTENSION AUTHORITY.\n\n    Section 120 of the Emergency Economic Stabilization Act of 2008 (12 \nU.S.C. 5230) is amended--\n            (1) by striking ``(a) Termination.--''; and\n            (2) by striking subsection (b).\n\nSEC. 4. DEBT REDUCTION.\n\n    Subsection (d) of section 106 of the Emergency Economic \nStabilization Act of 2008 (12 U.S.C. 5216(d)) is amended to read as \nfollows:\n    ``(d) Debt Reduction.--\n            ``(1) In general.--The Secretary of the Treasury shall \n        deposit in Public Debt Reduction Payment Account--\n                    ``(A) all remaining funds available under this \n                title not later than 30 days after the date of \n                enactment of this section;\n                    ``(B) any amounts received by the Secretary for \n                repayment of financial assistance, for payment of any \n                interest on the receipt of such financial assistance by \n                an entity that has received financial assistance under \n                this title or any program enacted by the Secretary \n                under the authorities granted to the Secretary under \n                this title, including the Capital Purchase Program; and\n                    ``(C) revenues of, and proceeds from the sale of \n                troubled assets purchased under this title, or from the \n                sale, exercise, or surrender of warrants or senior debt \n                instruments acquired under section 113.\n            ``(2) Public debt reduction payment account.--The term \n        `Public Debt Reduction Payment Account' means the account \n        established under section 3114 of title 31, United States \n        Code.''.\n\nSEC. 5. ESTABLISHMENT OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.\n\n    (a) In General.--Subchapter I of chapter 31 of title 31, United \nStates Code, is amended by adding at the end the following new section:\n``Sec. 3114. Public Debt Reduction Payment Account\n    ``(a) Account Established.--There is hereby established in the \nTreasury of the United States an account to be known as the Public Debt \nReduction Payment Account (hereinafter in this section referred to as \nthe `Account').\n    ``(b) Use of Account.--The Secretary of the Treasury shall use \namounts in the Account to pay at maturity, or to redeem or buy before \nmaturity, any obligation of the Government held by the public and \nincluded in the public debt. Any obligation which is paid, redeemed, or \nbought with amounts from the account shall be canceled and retired and \nmay not be reissued. Amounts deposited in the account are appropriated \nand may only be expended to carry out this section.\n    ``(c) Deposits.--There shall be deposited in the Account any \namounts which are received by the Secretary of the Treasury pursuant to \nsection 137 of the Emergency Economic Stabilization Act of 2008. The \nfunds deposited to this account shall remain available until expended.\n    ``(d) Implementation.--The Secretary of the Treasury and the \nDirector of the Office of Management and Budget shall each take such \nactions as may be necessary to promptly carry out this section in \naccordance with sound debt management policies.\n    ``(e) Coordination With Debt Management.--Reducing the debt \npursuant to this section shall not interfere with the debt management \npolicies or goals of the Secretary of the Treasury.''.\n    (b) Clerical Amendment.--The table of contents for chapter 31 of \ntitle 31, United States Code, is amended by inserting after the item \nrelating to section 3113 the following new item:\n\n``3114. Public Debt Reduction Payment Account.''.\n\nSEC. 6. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT.\n\n    Section 3101(b) of title 31, United States Code, is amended by \ninserting ``minus the aggregate amounts deposited into the Public Debt \nReduction Payment Account pursuant to section 3114(c)'' before ``, \noutstanding at one time''.\n\nSEC. 7. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.\n\n    Notwithstanding any other provision of law, the receipts and \ndisbursements of the Public Debt Reduction Payment Account established \nby section 3114 of title 31, United States Code, shall not be counted \nas new budget authority, outlays, receipts, or deficit or surplus for \npurposes of--\n            (1) the budget of the United States Government as submitted \n        by the President;\n            (2) the congressional budget; or\n            (3) the Balanced Budget and Emergency Deficit Control Act \n        of 1985.\n\nSEC. 8. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET \n              PRONOUNCEMENTS.\n\n    (a) In General.--Any official statement issued by the Office of \nManagement and Budget, the Congressional Budget Office, or any other \nagency or instrumentality of the Federal Government of surplus or \ndeficit totals of the budget of the United States Government as \nsubmitted by the President or of the surplus or deficit totals of the \ncongressional budget, and any description of, or reference to, such \ntotals in any official publication or material issued by either of such \nOffices or any other such agency or instrumentality, shall exclude the \noutlays and receipts of the Public Debt Reduction Payment Account \nestablished by section 3114 of title 31, United States Code.\n    (b) Separate Public Debt Reduction Payment Account Budget \nDocuments.--The excluded outlays and receipts of the Public Debt \nReduction Payment Account established by section 3114 of title 31, \nUnited States Code, shall be submitted in separate budget documents.","title":""}
+{"_id":"c394","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Stop Errors in Credit Use and \nReporting Act'' or the ``SECURE Act''.\n\nSEC. 2. LEGAL RECOURSE FOR CONSUMERS.\n\n    (a) Injunctive Relief.--The Fair Credit Reporting Act (15 U.S.C. \n1681 et seq.) is amended--\n            (1) in section 616--\n                    (A) in subsection (a), by striking ``(a) In \n                General.--'' and inserting ``(a) Damages.--'';\n                    (B) by redesignating subsections (c) and (d) as \n                subsections (d) and (e), respectively; and\n                    (C) by inserting after subsection (b) the \n                following:\n    ``(c) Injunctive Relief.--In addition to any other remedy set forth \nin this section, a court may award injunctive relief to require \ncompliance with the requirements imposed under this title with respect \nto any consumer. In the event of any successful action for injunctive \nrelief under this subsection, the court may award to the prevailing \nparty costs and reasonable attorney fees (as determined by the court) \nincurred during the action by such party.''; and\n            (2) in section 617--\n                    (A) in subsection (a), by striking ``(a) In \n                General.--'' and inserting ``(a) Damages.--'';\n                    (B) by redesignating subsection (b) as subsection \n                (c); and\n                    (C) by inserting after subsection (a) the \n                following:\n    ``(b) Injunctive Relief.--In addition to any other remedy set forth \nin this section, a court may award injunctive relief to require \ncompliance with the requirements imposed under this title with respect \nto any consumer. In the event of any successful action for injunctive \nrelief under this subsection, the court may award to the prevailing \nparty costs and reasonable attorney fees (as determined by the court) \nincurred during the action by such party.''.\n    (b) Enforcement by Federal Trade Commission.--Section 621(a)(2)(A) \nof the Fair Credit Reporting Act (15 U.S.C. 1681s(a)(2)(A)) is \namended--\n            (1) by striking ``(A) Knowing violations.--'' and inserting \n        ``(A) Negligent, willful, or knowing violations.--''; and\n            (2) by inserting ``negligent, willful, or'' before \n        ``knowing''.\n\nSEC. 3. INCREASED REQUIREMENTS FOR CONSUMER REPORTING AGENCIES AND \n              FURNISHERS OF INFORMATION.\n\n    (a) Provision and Consideration of Documentation Provided by \nConsumers.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is \namended--\n            (1) in section 611--\n                    (A) in subsection (a)--\n                            (i) in paragraph (2)--\n                                    (I) in subparagraph (A), by \n                                inserting ``, including all \n                                documentation provided by the \n                                consumer'' after ``received from the \n                                consumer or reseller''; and\n                                    (II) in subparagraph (B), by \n                                inserting ``, including all \n                                documentation provided by the \n                                consumer,'' after ``from the consumer \n                                or reseller''; and\n                            (ii) in paragraph (4), by inserting ``, \n                        including all documentation,'' after ``relevant \n                        information''; and\n                    (B) in subsection (f)(2)(B)(ii), by inserting ``, \n                including all documentation,'' after ``relevant \n                information''; and\n            (2) in section 623--\n                    (A) in subsection (a)(8)(E), by striking clause \n                (ii) and inserting the following:\n                            ``(ii) review and consider all relevant \n                        information, including all documentation, \n                        provided by the consumer with the notice;''; \n                        and\n                    (B) in subsection (b)(1), by striking subparagraph \n                (B) and inserting the following:\n                    ``(B) review and consider all relevant information, \n                including all documentation, provided by the consumer \n                reporting agency pursuant to section 611(a)(2);''.\n    (b) Gathering and Reporting of Information Relating to Consumer \nDisputes.--Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681 \net seq.) is amended by adding at the end the following:\n    ``(g) Gathering and Reporting of Information Relating to Consumer \nDisputes.--\n            ``(1) Reports required.--The Bureau shall provide reports \n        regarding the disputes described in subsection (a)(1) received \n        by consumer reporting agencies in such intervals and to such \n        parties as the Bureau deems appropriate.\n            ``(2) Gathering of information.--The Bureau shall prescribe \n        rules for the gathering of information relating to disputes \n        described in subsection (a)(1) received by consumer reporting \n        agencies to be used in generating the reports under paragraph \n        (1), including rules establishing--\n                    ``(A) the type and format of information that shall \n                be received by the Bureau from each consumer reporting \n                agency; and\n                    ``(B) the frequency of receipt of the information \n                from consumer reporting agencies.''.\n    (c) Accuracy Compliance Procedures.--Section 607 of the Fair Credit \nReporting Act (15 U.S.C. 1681e) is amended by striking subsection (b) \nand inserting the following:\n    ``(b) Accuracy of Report.--\n            ``(1) In general.--A consumer reporting agency shall follow \n        reasonable procedures when preparing a consumer report to \n        assure maximum possible accuracy of the information concerning \n        the individual to whom the consumer report relates.\n            ``(2) Bureau rule to assure maximum possible accuracy.--\n                    ``(A) Proposed rule.--Not later than 1 year after \n                the date of enactment of the Stop Errors in Credit Use \n                and Reporting Act, the Bureau shall issue a proposed \n                rule establishing the procedures that a consumer \n                reporting agency must follow to assure maximum possible \n                accuracy of all consumer reports furnished by the \n                agency in compliance with this subsection.\n                    ``(B) Considerations.--When formulating the rule \n                required under subparagraph (A), the Bureau shall \n                consider if requiring the matching of the following \n                information would improve the accuracy of consumer \n                reports:\n                            ``(i) The first name and last name of a \n                        consumer.\n                            ``(ii) The date of birth of a consumer.\n                            ``(iii) All 9 digits of the social security \n                        number of a consumer.\n                            ``(iv) Any other information that the \n                        Bureau determines would aid in assuring maximum \n                        possible accuracy of all consumer reports \n                        furnished by consumer reporting agencies in \n                        compliance with this subsection.''.\n    (d) Responsibilities of Furnishers of Information to Consumer \nReporting Agencies.--Section 623(a)(8)(F)(i)(II) of the Fair Credit \nReporting Act (15 U.S.C. 1681s-2(a)(8)(F)(i)(II)) is amended by \ninserting ,`` and does not include any new or additional information \nthat would be relevant to a reinvestigation'' before the period.\n    (e) Disclosures to Consumers.--Section 609 of the Fair Credit \nReporting Act (15 U.S.C. 1681g) is amended--\n            (1) in subsection (a)(3)(B), by striking ``; and'' and all \n        that follows through the end of subparagraph (B) and inserting \n        the following:\n                            ``(ii) the address and telephone number of \n                        the person; and\n                            ``(iii) the permissible purpose of the \n                        person for obtaining the consumer report, \n                        including the specific type of credit product \n                        that is extended, reviewed, or collected as \n                        described in section 604(a)(3)(A).'';\n            (2) in subsection (f)--\n                    (A) by amending paragraph (7)(A) to read as \n                follows:\n                    ``(A) supply the consumer with a credit score \n                that--\n                            ``(i) is derived from a credit scoring \n                        model that is widely distributed to users by \n                        the consumer reporting agency for the purpose \n                        of any extension of credit or other transaction \n                        designated by the consumer who is requesting \n                        the credit score; or\n                            ``(ii) is widely distributed to lenders of \n                        common consumer loan products and predicts the \n                        future credit behavior of the consumer; and''; \n                        and\n                    (B) in paragraph (8), by inserting ``, except that \n                a credit score shall be provided free of charge to the \n                consumer if requested in connection with a free annual \n                consumer report described in section 612(a)'' before \n                the period; and\n            (3) in subsection (g)(1)--\n                    (A) by striking subparagraph (C); and\n                    (B) by redesignating subparagraphs (D) though (G) \n                as subparagraphs (C) through (F), respectively.\n    (f) Notification Requirements.--\n            (1) Adverse information notification.--The Fair Credit \n        Reporting Act (15 U.S.C. 1681 et seq.) is amended--\n                    (A) in section 612, by striking subsection (b) and \n                inserting the following:\n    ``(b) Free Disclosure After Notice of Adverse Action or Offer of \nCredit on Materially Less Favorable Terms.--\n            ``(1) In general.--Not later than 14 days after the date on \n        which a consumer reporting agency receives a notification under \n        subsection (a)(2) or (h)(6) of section 615, or from a debt \n        collection agency affiliated with the consumer reporting \n        agency, the consumer reporting agency shall make, without \n        charge to the consumer, all disclosures required in accordance \n        with the rules prescribed by the Bureau under section 609(h).\n            ``(2) Transition period.--After the effective date of the \n        provisions of the Stop Errors in Credit Use and Reporting Act \n        and before the Bureau has finalized the rule required under \n        section 609(h), a consumer reporting agency that is required to \n        make disclosures under this subsection shall provide to the \n        consumer a copy of the current credit report on the consumer \n        and any other disclosures required under this Act or the Stop \n        Errors in Credit Use and Reporting Act, without charge to the \n        consumer.''; and\n                    (B) in section 615(a)--\n                            (i) by redesignating paragraphs (2), (3) \n                        and (4) as paragraphs (3), (4), and (5) \n                        respectively;\n                            (ii) by inserting after paragraph (1) the \n                        following:\n            ``(2) direct the consumer reporting agency that provided \n        the consumer report used in the decision to take the adverse \n        action to provide the consumer with the disclosures described \n        in section 612(b);''; and\n                            (iii) in paragraph (5), as redesignated by \n                        this paragraph--\n                                    (I) in the matter preceding \n                                subparagraph (A), by striking ``of the \n                                consumer's right'';\n                                    (II) by striking subparagraph (A) \n                                and inserting the following:\n                    ``(A) that the consumer will receive a copy of the \n                consumer report on the consumer, free of charge, from \n                the consumer reporting agency that furnished the \n                consumer report; and''; and\n                                    (III) in subparagraph (B), by \n                                inserting ``of the right of the \n                                consumer'' before ``to dispute''.\n            (2) Notification in cases of less favorable terms.--Section \n        615(h) of the Fair Credit Reporting Act (15 U.S.C. 1681m(h)) is \n        amended--\n                    (A) in paragraph (1), by striking ``paragraph (6)'' \n                and inserting ``paragraph (7)'';\n                    (B) in paragraph (2), by striking ``paragraph (6)'' \n                and inserting ``paragraph (7)'';\n                    (C) in subparagraph (5)(C), by striking ``may \n                obtain'' and inserting ``will receive''\n                    (D) by redesignating paragraphs (6), (7), and (8) \n                as paragraphs (7), (8), and (9), respectively; and\n                    (E) by inserting after paragraph (5) the following:\n            ``(6) Reports provided to consumers.--A person who uses a \n        consumer report as described in paragraph (1) shall notify and \n        direct the consumer reporting agency that provided the consumer \n        report to provide the consumer with the disclosures described \n        in section 612(b).''.\n            (3) Notification of subsequent submissions of negative \n        information.--Section 623(a)(7)(A)(ii) of the Fair Credit \n        Reporting Act (15 U.S.C. 1681s-2(a)(7)(A)(ii)) by striking ``or \n        customer'' and inserting ``or'' before ``account''.\n            (4) Bureau rule defining certain disclosure requirements.--\n        Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) \n        is amended by adding at the end the following:\n    ``(h) Bureau Rule Defining Certain Disclosure Requirements.--\n            ``(1) Proposed rule.--Not later than 1 year after the date \n        of enactment of the Stop Errors in Credit Use and Reporting \n        Act, the Bureau shall publish a proposed rule to implement the \n        disclosure requirements described in section 612(b).\n            ``(2) Considerations.--In formulating the rule required \n        under paragraph (1), the Bureau shall consider--\n                    ``(A) what information would enable consumers to \n                determine the reasons for which a person took adverse \n                action or offered credit on materially less favorable \n                terms and to verify the accuracy of such information; \n                and\n                    ``(B) how to provide the information described in \n                subparagraph (A) while protecting consumer privacy, \n                including procedures to ensure that such information is \n                provided to the consumer at the appropriate address.''.\n\nSEC. 4. REGULATORY REFORM.\n\n    Section 621 of the Federal Credit Reporting Act (15 U.S.C. 1681s) \nis amended by adding at the end the following:\n    ``(h) Consumer Reporting Agency Registry.--\n            ``(1) Establishment of registry.--Not later than 180 days \n        after the date of enactment of the Stop Errors in Credit Use \n        and Reporting Act, the Bureau shall establish 3 publicly \n        available registries of consumer reporting agencies, \n        including--\n                    ``(A) a registry of nationwide consumer reporting \n                agencies as described in section 603(p);\n                    ``(B) a registry of nationwide specialty consumer \n                reporting agencies as defined in section 603(x); and\n                    ``(C) a registry of all other consumer reporting \n                agencies included under subsection 603(f) that are not \n                included under section 603(p) or 603(x).\n            ``(2) Registration requirement.--All consumer reporting \n        agencies as defined in section 603(f) must register with one of \n        the registries established by the Bureau under this subsection \n        in a timeframe established by the Bureau.''.\n\nSEC. 5. STUDY OF A PUBLIC CREDIT REPORTING SYSTEM.\n\n    (a) Study.--Not later than 6 months after the date of enactment of \nthis Act, the Comptroller General of the United States shall undertake \na study--\n            (1) of credit systems in the international credit system \n        with government-administered consumer credit reporting systems;\n            (2) of available information regarding the accuracy of \n        existing government-administered consumer credit reporting \n        systems;\n            (3) to evaluate the feasibility of a national, government-\n        administered consumer credit reporting system;\n            (4) of any consumer benefits that might reasonably be \n        expected to result from a government-administered consumer \n        credit report; and\n            (5) of any costs that might result from a government-\n        administered consumer credit reporting system in the United \n        States.\n    (b) Publication of Findings.--Not later than 18 months after the \ndate of enactment of this Act, the Comptroller General of the United \nStates shall publish the findings under subsection (a).\n\nSEC. 6. EFFECTIVE DATE.\n\n    Except as otherwise provided in this Act and the amendments made by \nthis Act, the provisions of this Act and the amendments made by this \nAct shall take effect 6 months after the date of enactment of this Act.","title":""}
+{"_id":"c395","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Stop Tobacco Sales to Youth Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) Tobacco products cause numerous serious diseases, \n        including cancer, heart disease, and respiratory disease, and \n        they contain nicotine, a highly addictive substance.\n            (2) According to the Surgeon General of the United States, \n        adolescents are particularly vulnerable to the adverse effects \n        of nicotine, and adolescent exposure to nicotine may have \n        lasting adverse consequences for brain development.\n            (3) Youth use of electronic cigarettes and hookah (water \n        pipe) has risen according to the National Youth Tobacco Survey \n        released by the Centers for Disease Control and Prevention, and \n        the Food and Drug Administration, in April 2015.\n            (4) Current use of electronic cigarettes among high school \n        students tripled from 4.5 percent in 2013 to 13.4 percent in \n        2014 (compared to 1.5 percent in 2011); approximately 2,000,000 \n        high school students currently use these products.\n            (5) Current use of electronic cigarettes among middle \n        school students tripled from 1.1 percent in 2013 to 3.9 percent \n        in 2014; approximately 450,000 middle school students currently \n        use these products.\n            (6) Current use of hookah among high school students \n        increased from 4.1 percent in 2011 to 9.4 percent in 2014.\n            (7) Current use of cigars among high school students was \n        8.2 percent in 2014 (1,200,000 students). Current use of cigars \n        among high school boys was 10.8 percent, about the same rate at \n        which they smoke cigarettes (10.6 percent).\n            (8) The sale of electronic cigarettes, cigars, hookah, and \n        other tobacco products over the Internet, and through mail, \n        fax, or phone orders, makes it cheaper and easier for children \n        to obtain these products.\n            (9) Electronic cigarettes are being marketed in ways that \n        appeal to youth, in the form of advertising using images that \n        appeal to youth, advertisements on television and the Internet, \n        and sponsorships of events popular with youth, such as concerts \n        and sporting events.\n            (10) According to a study published in March 2015 in the \n        Journal of the American Medical Association Pediatrics, 93.7 \n        percent of youth participating in a study of Internet \n        electronic cigarette sales successfully purchased electronic \n        cigarettes because the Web sites lacked adequate age-\n        verification methods.\n\nSEC. 3. AMENDMENTS.\n\n    Section 1 of the Act of October 19, 1949 (15 U.S.C. 375); commonly \nreferred to as the ``Jenkins Act''), is amended--\n            (1) in paragraph (2)--\n                    (A) in subparagraph (A)--\n                            (i) in clause (i) by striking ``and'' at \n                        the end,\n                            (ii) in clause (ii) by striking the period \n                        at the end and inserting ``; and'', and\n                            (iii) by adding at the end the following:\n                            ``(iii) includes electronic cigarettes.'', \n                        and\n                    (B) in subparagraph (B)--\n                            (i) in the heading by striking \n                        ``Exception'' and inserting ``Inclusions'',\n                            (ii) by striking ``does not include'' and \n                        inserting ``includes'', and\n                            (iii) by inserting ``and pipe tobacco (as \n                        defined in section 5702 of the Internal Revenue \n                        Code of 1986)'' before the period at the end, \n                        and\n            (2) by inserting after paragraph (6) the following:\n            ``(6A) Electronic cigarette.--The term `electronic \n        cigarette' means any electronic device that delivers nicotine, \n        flavor, or other substance via an aerosolized solution \n        (including an electronic cigarette, cigar, pipe, or hookah) to \n        the user inhaling from the device (including any component, \n        liquid, part, or accessory of such a device whether or not sold \n        separately) but excludes product that--\n                    ``(A) is approved by the Food and Drug \n                Administration for sale as a tobacco cessation product \n                or for another therapeutic purpose; and\n                    ``(B) is marketed and sold solely for a purpose \n                approved as described in subparagraph (A).''.\n\nSEC. 4. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MATTERS.\n\n    (a) In General.--Nothing in this Act or the amendments made by this \nAct shall be construed to amend, modify, or otherwise affect--\n            (1) any agreements, compacts, or other intergovernmental \n        arrangements between any State or local government and any \n        government of an Indian tribe (as that term is defined in \n        section 4(e) of the Indian Self-Determination and Education \n        Assistance Act (25 U.S.C. 450b(e))) relating to the collection \n        of taxes on cigarettes or smokeless tobacco sold in Indian \n        country;\n            (2) any State laws that authorize or otherwise pertain to \n        any such intergovernmental arrangements or create special rules \n        or procedures for the collection of State, local, or tribal \n        taxes on cigarettes or smokeless tobacco sold in Indian \n        country;\n            (3) any limitations under Federal or State law, including \n        Federal common law and treaties, on State, local, and tribal \n        tax and regulatory authority with respect to the sale, use, or \n        distribution of cigarettes and smokeless tobacco by or to \n        Indian tribes, tribal members, tribal enterprises, or in Indian \n        country;\n            (4) any Federal law, including Federal common law and \n        treaties, regarding State jurisdiction, or lack thereof, over \n        any tribe, tribal members, tribal enterprises, tribal \n        reservations, or other lands held by the United States in trust \n        for one or more Indian tribes; or\n            (5) any State or local government authority to bring \n        enforcement actions against persons located in Indian country.\n    (b) Coordination of Law Enforcement.--Nothing in this Act or the \namendments made by this Act shall be construed to inhibit or otherwise \naffect any coordinated law enforcement effort by one or more States or \nother jurisdictions, including Indian tribes, through interstate \ncompact or otherwise, that--\n            (1) provides for the administration of tobacco product laws \n        or laws pertaining to interstate sales or other sales of \n        tobacco products;\n            (2) provides for the seizure of tobacco products or other \n        property related to a violation of such laws; or\n            (3) establishes cooperative programs for the administration \n        of such laws.\n    (c) Treatment of State and Local Governments.--Nothing in this Act \nor the amendments made by this Act shall be construed to authorize, \ndeputize, or commission States or local governments as \ninstrumentalities of the United States.\n    (d) Enforcement Within Indian Country.--Nothing in this Act or the \namendments made by this Act shall prohibit, limit, or restrict \nenforcement by the Attorney General of the United States of this Act or \nan amendment made by this Act within Indian country.\n    (e) Ambiguity.--Any ambiguity between the language of this section \nor its application and any other provision of this Act shall be \nresolved in favor of this section.\n    (f) Definitions.--In this section--\n            (1) the term ``Indian country'' has the meaning given that \n        term in section 1 of the Act of October 19, 1949 (15 U.S.C. \n        375; commonly referred to as the ``Jenkins Act''), as amended \n        by this Act; and\n            (2) the term ``tribal enterprise'' means any business \n        enterprise, regardless of whether incorporated or \n        unincorporated under Federal or tribal law, of an Indian tribe \n        or group of Indian tribes.\n\nSEC. 5. SEVERABILITY.\n\n    If any provision of this Act, or any amendment made by this Act, or \nthe application thereof to any person or circumstance, is held invalid, \nthe remainder of the Act and the application of the Act to any other \nperson or circumstance shall not be affected thereby.\n\nSEC. 6. EFFECTIVE DATE.\n\n    This Act, and the amendments made by this Act, shall take effect 90 \ndays after the date of the enactment of this Act.","title":""}
+{"_id":"c396","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Stop Trafficking of Pills Act'' or \nthe ``STOP Act''.\n\nSEC. 2. MEDICAID RESTRICTED RECIPIENT PROGRAM.\n\n    (a) In General.--Title XIX of the Social Security Act (42 U.S.C. \n1396 et seq.) is amended--\n            (1) in section 1902(a)--\n                    (A) by striking ``and'' at the end of paragraph \n                (82);\n                    (B) by striking the period at the end of paragraph \n                (83) and inserting ``; and''; and\n                    (C) by inserting after paragraph (83) the following \n                new paragraph:\n            ``(84) in accordance with section 1908B, provide for the \n        development and implementation of a restricted recipient \n        program for individuals identified as high-risk prescription \n        drug users.''; and\n            (2) by inserting after section 1908A the following new \n        section:\n\n  ``restricted recipient program for high-risk prescription drug users\n\n    ``Sec. 1908B  (a) Identification of High-Risk Prescription Drug \nUsers.--\n            ``(1) In general.--Subject to paragraph (2), the State \n        shall establish and implement a program, subject to approval by \n        the Secretary, to--\n                    ``(A) identify any prescription drug that--\n                            ``(i) may be dispensed on the prescription \n                        of a physician to an individual eligible to \n                        receive medical assistance under the State \n                        Medicaid program; and\n                            ``(ii) presents a high risk of misuse or \n                        overutilization, as determined by the State;\n                    ``(B) establish a dosage level for each \n                prescription drug identified under subparagraph (A) \n                that would be deemed excessive in the absence of \n                evidence of medical necessity;\n                    ``(C) using a percentile-based method or other such \n                form of statistical analysis, identify individuals \n                (referred to in this section as `individuals identified \n                as high-risk prescription drug users') who are eligible \n                for medical assistance under the State Medicaid program \n                and--\n                            ``(i) are receiving a prescription drug \n                        that has been identified under subparagraph (A) \n                        at a dosage level that has been determined to \n                        be excessive pursuant to subparagraph (B); or\n                            ``(ii) are determined by the State, \n                        pursuant to the procedure established under \n                        paragraph (3), to have been convicted of a \n                        drug-related offense; and\n                    ``(D) ensure that individuals identified as high-\n                risk prescription drug users pursuant to subparagraph \n                (C) are assigned to the restricted recipient program \n                described in subsection (b).\n            ``(2) Case review.--For purposes of paragraph (1), the \n        State shall establish and implement procedures to ensure that \n        an individual who has been identified as a high-risk \n        prescription drug user and is subject to the requirements under \n        the restricted recipient program--\n                    ``(A) is provided with reasonable notice regarding \n                their assignment to the program and a description of \n                the requirements under such program;\n                    ``(B) is permitted to file an appeal with the State \n                agency and receive a hearing thereon to review whether \n                the individual has been properly identified as a high-\n                risk prescription drug user;\n                    ``(C) for purposes of subsection (b)(1), is \n                permitted to file a claim with the State agency in \n                order to seek reassignment to a different physician or \n                pharmacist; and\n                    ``(D) has reasonable access to any prescription \n                drug that is medically necessary and required to be \n                dispensed on an emergency basis.\n            ``(3) Drug-related offenses.--For purposes of paragraph \n        (1)(C)(ii), the State shall establish and implement procedures \n        to determine whether an individual, at the time of enrollment \n        or re-enrollment in the State Medicaid program, has been \n        convicted (under Federal or State law) of any offense which is \n        classified as a felony by the law of the jurisdiction involved \n        and which has as an element the unlawful possession, \n        manufacture, distribution, or dispensing of a prescription drug \n        (including opioids and similar pain-management prescription \n        drugs).\n    ``(b) Restricted Recipient Program.--\n            ``(1) Medicaid lock-in program.--\n                    ``(A) In general.--Subject to subparagraph (B), the \n                State shall establish and implement a program (referred \n                to in this section as the `Medicaid Lock-in Program') \n                to ensure that any individual identified as a high-risk \n                prescription drug user is--\n                            ``(i) assigned to a single and exclusive \n                        physician (as defined in section 1861(r)) for \n                        purposes of receiving any medical assistance \n                        that is related to a prescription drug; and\n                            ``(ii) assigned to a single and exclusive \n                        pharmacy for purposes of receiving any \n                        prescription drug that has been prescribed by a \n                        physician described in clause (i).\n            ``(2) Medicaid prescription drug restriction program.--\n                    ``(A) In general.--Subject to subparagraph (B), the \n                State, in conjunction with the Secretary, shall \n                establish and implement a program to ensure that the \n                claims processing system for the State does not permit \n                a prescription drug to be dispensed by a provider to an \n                individual identified as a high-risk prescription drug \n                user if the same prescription drug has been dispensed \n                to such individual within the previous 20 days.\n                    ``(B) Exceptions.--\n                            ``(i) Increased dosage.--For purposes of \n                        subparagraph (A), the restrictions described in \n                        such subparagraph shall not apply to an \n                        individual identified as a high-risk \n                        prescription drug user--\n                                    ``(I) if the current prescription \n                                is for an increased dosage of the \n                                prescription drug and has been issued \n                                by the same physician that issued the \n                                previous prescription; or\n                                    ``(II) in such other circumstances \n                                as determined by the Secretary.\n                            ``(ii) Procedural development.--The State, \n                        in conjunction with the Secretary, shall \n                        develop adequate procedures to ensure that \n                        prescriptions described in clause (i) are not \n                        affected by the restrictions described in \n                        subparagraph (A) and are permitted to be \n                        dispensed by a provider to an individual \n                        identified as a high-risk prescription drug \n                        user.\n    ``(c) Existing State Programs.--\n            ``(1) In general.--Subject to paragraphs (2) and (3), as \n        well as any procedures as are determined appropriate by the \n        Secretary, a restricted recipient program that has been \n        established by a State prior to the date of enactment of the \n        Stop Trafficking of Pills Act may be reviewed and certified by \n        the Secretary as being in accordance with the requirements \n        under this section for purposes of section 1902(a)(84).\n            ``(2) Program improvement.--For purposes of paragraph (1), \n        if the Secretary does not certify an existing State restricted \n        recipient program as being in accordance with the requirements \n        under this section, the Secretary shall identify any necessary \n        enhancements or additional developments that are required in \n        order for such program to be deemed in accordance with such \n        requirements.\n            ``(3) Drug-related offenses.--For purposes of paragraph \n        (1), an existing State restricted recipient program shall be \n        required to include procedures described in subsection (a)(3) \n        for the identification and inclusion of individuals convicted \n        of a drug-related offense.\n    ``(d) Administrative Expenses.--Subject to such requirements as are \ndetermined appropriate by the Secretary, for purposes of section \n1903(a)(7), any amounts expended by the State to develop and implement \na restricted recipient program for individuals identified as high-risk \nprescription drug users under this section, including any necessary \nenhancements or additional developments identified under subsection \n(c)(2), shall be considered amounts expended as necessary for the \nproper and efficient administration of the State Medicaid plan.\n    ``(e) Definitions.--For purposes of this section:\n            ``(1) State medicaid program.--The term `State Medicaid \n        program' means the State program for medical assistance \n        provided under a State plan under this title, including any \n        waiver approved with respect to such State plan.\n            ``(2) Prescription drug.--The term `prescription drug' \n        means a drug subject to section 503(b)(1) of the Federal Food, \n        Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).''.\n    (b) Withholding of Payment.--Section 1903(i) of the Social Security \nAct (42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of the \nPatient Protection and Affordable Care Act (Public Law 111-148), is \namended--\n            (1) in paragraph (25), by striking ``or'' at the end;\n            (2) in paragraph (26), by striking the period and inserting \n        ``; or''; and\n            (3) by adding at the end the following new paragraph:\n            ``(27) with respect to amounts expended for medical \n        assistance for any prescription drug dispensed to an individual \n        identified as a high-risk prescription drug user (as described \n        in section 1908B(a)(1)(C)), unless the requirements under \n        section 1908B are met.''.\n\nSEC. 3. MEDICARE RESTRICTED RECIPIENT PROGRAM.\n\n    Part D of title XVIII of the Social Security Act (U.S.C. 1395w-101 \net seq.) is amended by adding at the end the following new section:\n\n  ``restricted recipient program for high-risk prescription drug users\n\n    ``Sec. 1860D-44  (a) Identification of High-Risk Prescription Drug \nUsers.--\n            ``(1) In general.--Subject to paragraph (2), the Secretary \n        shall establish and implement a program to--\n                    ``(A) identify any prescription drug that--\n                            ``(i) may be dispensed on the prescription \n                        of a physician to an individual enrolled in a \n                        prescription drug plan under this part; and\n                            ``(ii) presents a high risk of misuse or \n                        overutilization, as determined by the \n                        Secretary;\n                    ``(B) establish a dosage level for each \n                prescription drug identified under subparagraph (A) \n                that would be deemed excessive in the absence of \n                evidence of medical necessity;\n                    ``(C) using a percentile-based method or other such \n                form of statistical analysis, identify individuals \n                (referred to in this section as `individuals identified \n                as high-risk prescription drug users') who are enrolled \n                in a prescription drug plan under this part; and\n                            ``(i) are receiving a prescription drug \n                        that has been identified under subparagraph (A) \n                        at a dosage level that has been determined to \n                        be excessive pursuant to subparagraph (B); or\n                            ``(ii) are determined by the Secretary, \n                        pursuant to the procedure established under \n                        paragraph (3), to have been convicted of a \n                        drug-related offense; and\n                    ``(D) ensure that individuals identified as high-\n                risk prescription drug users pursuant to subparagraph \n                (C) are assigned to the restricted recipient program \n                described in subsection (b).\n            ``(2) Case review.--For purposes of paragraph (1), the \n        Secretary shall establish and implement procedures to ensure \n        that an individual who has been identified as a high-risk \n        prescription drug user and is subject to the requirements under \n        the restricted recipient program--\n                    ``(A) is provided with reasonable notice regarding \n                their assignment to the program and a description of \n                the requirements under such program;\n                    ``(B) is permitted to file an appeal and receive a \n                hearing thereon to review whether the individual has \n                been properly identified as a high-risk prescription \n                drug user; and\n                    ``(C) has reasonable access to any prescription \n                drug that is medically necessary and required to be \n                dispensed on an emergency basis.\n            ``(3) Drug-related offense.--For purposes of paragraph \n        (1)(C)(ii), the Secretary shall establish and implement \n        procedures to determine whether an individual, at the time of \n        enrollment or re-enrollment in a prescription drug plan under \n        this part, has been convicted (under Federal or State law) of \n        any offense which is classified as a felony by the law of the \n        jurisdiction involved and which has as an element the unlawful \n        possession, manufacture, distribution, or dispensing of a \n        prescription drug (including opioids and similar prescription \n        pain-management drugs).\n    ``(b) Prescription Drug Restriction Program.--The Secretary shall \nestablish policies and procedures to ensure that the provisions \ndescribed in section 1908B(b)(3) are applied to any individual \nidentified, pursuant to subsection (a)(1), as a high-risk prescription \ndrug user in a similar manner as such provisions are applied to such \nindividuals for purposes of title XIX.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n    (a) In General.--Except as provided in subsection (b), the \namendments made by this section shall take effect 120 days after the \ndate of enactment of this Act.\n    (b) Extension of Effective Date for State Law Amendment.--In the \ncase of a State plan under title XIX of the Social Security Act (42 \nU.S.C. 1396 et seq.) which the Secretary determines requires State \nlegislation in order for the plan to meet the additional requirements \nimposed by the amendments made by this section, the State plan shall \nnot be regarded as failing to comply with the requirements of the \namendments made by this section solely on the basis of its failure to \nmeet such additional requirements before the first day of the first \ncalendar quarter beginning after the close of the first regular session \nof the State legislature that begins after the date of the enactment of \nthis Act. For purposes of the previous sentence, in the case of a State \nthat has a 2-year legislative session, each year of the session is \nconsidered to be a separate regular session of the State legislature.","title":""}
+{"_id":"c397","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Strategic Withdrawal of Agencies for \nMeaningful Placement Act of 2018'' or ``SWAMP Act''.\n\nSEC. 2. RELOCATION OF HEADQUARTERS OF EXECUTIVE AGENCIES.\n\n    (a) Repeal of Headquarters Location Requirement.--Section 72 of \ntitle 4, United States Code, is repealed.\n    (b) Prohibition on Location of Headquarters in Washington \nMetropolitan Area.--With respect to an Executive agency whose \nheadquarters is located in the Washington metropolitan area as of the \ndate of the enactment of this Act, no new construction or major \nrenovations may be undertaken, or lease agreements entered into or \nrenewed, for such headquarters after such date of enactment, except as \notherwise expressly provided by law.\n    (c) Competitive Bidding Process for Relocation of Headquarters.--\n            (1) In general.--Not later than one year after the date of \n        the enactment of this Act, the Administrator of General \n        Services shall establish a process, in accordance with the \n        requirements described in paragraph (2), through which--\n                    (A) the head of an Executive agency may submit a \n                request for the Administrator to issue a solicitation \n                for the relocation of the headquarters of such agency; \n                or\n                    (B) if determined necessary, the Administrator may \n                issue a solicitation for the relocation of the \n                headquarters of an Executive agency.\n            (2) Requirements.--With respect to any solicitation issued \n        for the relocation of the headquarters of an Executive agency \n        pursuant to paragraph (1), the Administrator of General \n        Services shall--\n                    (A) allow any State and any political subdivision \n                of a State to submit a bid for the relocation of such \n                headquarters;\n                    (B) provide the public with notice and an \n                opportunity to comment on such solicitation; and\n                    (C) in consultation with the head of such agency, \n                select a State, or a political subdivision of a State, \n                for the relocation of such headquarters using \n                competitive bidding procedures that consider the \n                following:\n                            (i) The extent to which the relocation of \n                        such headquarters would impact the economy and \n                        workforce development of a State or political \n                        subdivision of a State.\n                            (ii) Whether a State, or a political \n                        subdivision of a State, has expertise in \n                        carrying out activities substantially similar \n                        to the mission and goals of such agency.\n                            (iii) The extent to which the relocation of \n                        such headquarters to a State, or a political \n                        subdivision of a State, would implicate \n                        national security interests.\n    (d) Rule of Construction.--Nothing in this Act may be construed to \nprohibit a political subdivision of the State of Maryland or the \nCommonwealth of Virginia that is located outside the Washington \nmetropolitan area from submitting a bid under subsection (c)(2)(A).\n    (e) Offset allowed.--The Administrator of General Services may use \nthe proceeds from the sale of any Federal building or land to offset \nthe cost of relocating the headquarters of an Executive agency.\n    (f) No Additional Funds Authorized.--No additional funds are \nauthorized to carry out the requirements of this Act. Such requirements \nshall be carried out using amounts otherwise authorized.\n    (g) Definitions.--In this section:\n            (1) Executive agency.--The term ``Executive agency'' has \n        the meaning given that term in section 105 of title 5, United \n        States Code, except that the term does not include the \n        Executive Office of the President.\n            (2) Headquarters.--The term ``headquarters'' means the \n        place or building serving as the managerial and administrative \n        center of an Executive agency, except that the term does not \n        include an office that the head of any such agency may maintain \n        separately from such place or building in the Washington \n        metropolitan area.\n            (3) State.--The term ``State'' means each of the 50 States.\n            (4) Washington metropolitan area.--The term ``Washington \n        metropolitan area'' means the geographic area located within \n        the boundaries of the following:\n                    (A) The District of Columbia.\n                    (B) Montgomery and Prince George's Counties in the \n                State of Maryland.\n                    (C) Arlington, Fairfax, Loudoun, and Prince William \n                Counties and the City of Alexandria in the Commonwealth \n                of Virginia.","title":""}
+{"_id":"c398","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Streamlined and Improved Methods at \nPolling Locations and Early Voting Act'' or the ``SIMPLE Voting Act''.\n\nSEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING \n              TIMES FOR VOTERS IN FEDERAL ELECTIONS.\n\n    (a) Requirements for States.--Subtitle A of title III of the Help \nAmerica Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--\n            (1) by redesignating sections 304 and 305 as sections 306 \n        and 307; and\n            (2) by inserting after section 303 the following new \n        sections:\n\n``SEC. 304. EARLY VOTING.\n\n    ``(a) In General.--Each State shall allow individuals to vote in an \nelection for Federal office on each day occurring during the 15-day \nperiod which ends 2 days before the date of the election, in the same \nmanner as voting is allowed on such day.\n    ``(b) Minimum Early Voting Requirements.--Each polling place which \nallows voting prior to the date of a Federal election pursuant to \nsubsection (a) shall--\n            ``(1) allow such voting for not less than 10 hours on each \n        day; and\n            ``(2) have uniform hours each day for which such voting \n        occurs.\n    ``(c) Location of Polling Places Near Public Transportation.--To \nthe greatest extent practicable, a State shall ensure that each polling \nplace which allows voting prior to the date of a Federal election \npursuant to subsection (a) is located within reasonable walking \ndistance of a stop on a public transportation route.\n    ``(d) Standards.--\n            ``(1) In general.--The Commission shall issue standards for \n        the administration of voting prior to the date scheduled for a \n        Federal election. Such standards shall include the \n        nondiscriminatory geographic placement of polling places at \n        which such voting occurs.\n            ``(2) Deviation.--The standards described in paragraph (1) \n        shall permit States, upon providing adequate public notice, to \n        deviate from any requirement in the case of unforeseen \n        circumstances such as a natural disaster, terrorist attack, or \n        a change in voter turnout.\n    ``(e) Effective Date.--This section shall apply with respect to \nelections held on or after January 1, 2014.\n\n``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.\n\n    ``(a) Preventing Unreasonable Waiting Times.--\n            ``(1) In general.--Each State shall provide a sufficient \n        number of voting systems, poll workers, and other election \n        resources (including physical resources) at a polling place \n        used in any election for Federal office, including a polling \n        place at which individuals may cast ballots prior to the date \n        of the election, to ensure--\n                    ``(A) a fair and equitable waiting time for all \n                voters in the State; and\n                    ``(B) that no individual will be required to wait \n                longer than one hour to cast a ballot at the polling \n                place.\n            ``(2) Criteria.--In determining the number of voting \n        systems, poll workers, and other election resources provided at \n        a polling place for purposes of paragraph (1), the State shall \n        take into account the following factors:\n                    ``(A) The voting age population.\n                    ``(B) Voter turnout in past elections.\n                    ``(C) The number of voters registered.\n                    ``(D) The number of voters who have registered \n                since the most recent Federal election.\n                    ``(E) Census data for the population served by such \n                voting site, such as the proportion of the voting-age \n                population who are under 25 years of age or who are \n                naturalized citizens.\n                    ``(F) The educational levels and socio-economic \n                factors of the population served by such voting site.\n                    ``(G) The needs and numbers of voters with \n                disabilities and voters with limited English \n                proficiency.\n                    ``(H) The type of voting systems used.\n                    ``(I) The length and complexity of initiatives, \n                referenda, and other questions on the ballot.\n                    ``(J) Such other factors as the State considers \n                appropriate.\n            ``(3) Guidelines.--Not later than 180 days after the date \n        of the enactment of this section, the Commission shall \n        establish and publish guidelines to assist States in meeting \n        the requirements of this subsection.\n            ``(4) Rule of construction.--Nothing in this subsection may \n        be construed to authorize a State to meet the requirements of \n        this subsection by closing any polling place, prohibiting an \n        individual from entering a line at a polling place, or refusing \n        to permit an individual who has arrived at a polling place \n        prior to closing time from voting at the polling place.\n    ``(b) Development and Implementation of Contingency Plans.--\n            ``(1) In general.--Each State shall develop, and implement \n        to the greatest extent practicable, a contingency plan under \n        which the State shall provide additional poll workers, \n        machines, ballots, and other equipment and supplies (as the \n        case may be) on the date of the election to any polling place \n        used in an election for Federal office, including a polling \n        place at which individuals may cast ballots prior to the date \n        of the election, at which waiting times exceed one hour.\n            ``(2) Approval of plan by commission.--The State shall \n        ensure that the contingency plan developed under paragraph (1) \n        is approved by the Commission prior to the date of the election \n        involved, in accordance with such procedures as the Commission \n        may establish.\n    ``(c) Effective Date.--This section shall apply with respect to \nelections held on or after January 1, 2014.''.\n    (b) Conforming Amendment Relating to Enforcement.--Section 401 of \nsuch Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302, \nand 303'' and inserting ``subtitle A of title III''.\n    (c) Clerical Amendment.--The table of contents of such Act is \namended--\n            (1) by redesignating the items relating to sections 304 and \n        305 as relating to sections 306 and 307; and\n            (2) by inserting after the item relating to section 303 the \n        following new items:\n\n``Sec. 304. Early voting.\n``Sec. 305. Preventing unreasonable waiting times for voters.''.\n\nSEC. 3. NO EFFECT ON AUTHORITY OF STATE TO PROVIDE FOR LONGER PERIODS \n              OF EARLY VOTING OR GREATER AMOUNT OF RESOURCES AT POLLING \n              PLACES.\n\n    Nothing in this Act or in any amendment made by this Act may be \nconstrued to prohibit a State, with respect to any election for Federal \noffice--\n            (1) from providing (in an equitable and nondiscriminatory \n        manner) a longer period for early voting than the minimum \n        period required under section 304 of the Help America Vote Act \n        of 2002 (as added by section 2(a)); or\n            (2) from providing (in an equitable and nondiscriminatory \n        manner) a greater number of systems, poll workers, and other \n        election resources at any polling place than the minimum number \n        required under section 305 of such Act (as added by section \n        2(a)).","title":""}
+{"_id":"c399","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Student Health Insurance Portability \nProtection Act of 1997''.\n\nSEC. 2. APPLYING HEALTH INSURANCE PORTABILITY PROTECTIONS TO STUDENTS \n              UNDER COLLEGE-SPONSORED HEALTH PLANS.\n\n    (a) In General.--Title XXVII of the Public Health Service Act, as \nadded by section 102(a) of the Health Insurance Portability and \nAccountability Act of 1996 (Public Law 104-191), is amended by \ninserting after section 2723 the following new section:\n\n``SEC. 2724. APPLICATION OF PORTABILITY PROTECTIONS TO STUDENTS UNDER \n              COLLEGE-SPONSORED HEALTH PLANS.\n\n    ``(a) In General.--Subject to the succeeding provisions of this \nsection, the provisions of subpart 1 shall apply to health insurance \ncoverage offered in connection with a college-sponsored health plan (as \ndefined in subsection (b)) in the same manner as they apply to health \ninsurance coverage offered in connection with a group health plan.\n    ``(b) College-Sponsored Health Plan Defined.--For purposes of this \nsection, the term `college-sponsored health plan' means health benefits \noffered by or through an institution of higher education (as defined in \nsection 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a))) \nin relation to students at the institution, but does not include \nbenefits offered to such a student as a participant or beneficiary in a \ngroup health plan.\n    ``(c) Application of Exceptions, Enforcement, Preemption; \nDefinitions.--In applying subsection (a)--\n            ``(1) subject to paragraph (2), the previous provisions of \n        this subpart shall apply in relation to such subsection in the \n        same manner as they apply in relation to subpart 1; and\n            ``(2) in applying the other provisions of this title under \n        this section--\n                    ``(A) any reference in such provisions to a group \n                health plan is deemed a reference to a college-\n                sponsored health plan;\n                    ``(B) any reference in such provisions to a \n                participant or beneficiary in a group health plan is \n                deemed a reference to an enrollee in a college-\n                sponsored health plan; and\n                    ``(C) any reference in such provisions to an \n                employee in relation to the group health plan is deemed \n                a reference to a student in relation to the college-\n                sponsored health plan.''.\n    (b) Clarification of Coverage Under College-Sponsored Health Plan \nas Creditable Coverage.--\n            (1) Amendment to public health service act.--Section \n        2701(c)(1)(B) of the Public Health Service Act (42 U.S.C. \n        300gg(c)(1)(B)) is amended by inserting ``(including such \n        coverage under a college-sponsored health plan, as defined in \n        section 2724(b))'' after ``coverage''.\n            (2) Amendment to employee retirement income security act of \n        1974.--Section 701(c)(1)(B) of the Employee Retirement Income \n        Security Act of 1974 (29 U.S.C. 1181(c)(1)(B)) is amended by \n        inserting ``(including such coverage under a college-sponsored \n        health plan, as defined in section 2724(b) of the Public Health \n        Service Act)'' after ``coverage''.\n            (3) Amendment to the internal revenue code of 1986.--\n        Section 9801(c)(1)(B) of the Internal Revenue Code of 1986 is \n        amended by inserting ``(including such coverage under a \n        college-sponsored health plan, as defined in section 2724(b) of \n        the Public Health Service Act)'' after ``coverage''.\n    (c) Effective Date; Transition.--\n            (1) Effective date.--The amendment made by subsection (a) \n        shall apply to coverage under college-sponsored health plans \n        for students matriculating or enrolling for periods beginning \n        on or after August 1, 1997, and the amendments made by \n        subsection (b) shall be effective as if included in the \n        enactment of the corresponding provisions in the Health \n        Insurance Portability and Accountability Act of 1996 (Public \n        Law 104-191).\n            (2) Crediting permitted for certain previous coverage.--\n        Creditable coverage occurring on or after July 1, 1996, shall \n        be taken into account in applying section 2724(a) of the Public \n        Health Service Act.\n            (3) Certifications, etc.--Insofar as the certification \n        requirements of section 2743 of the Public Health Service Act \n        are not otherwise applicable to health insurance coverage under \n        a college-sponsored health plan (as defined in subsection (b) \n        of section 2724 of such Act), subsection (e) of section 2701 of \n        the Public Health Service Act shall apply (as incorporated \n        under subsection (a) of such section 2724) to the issuer of \n        such coverage with respect to events occurring after April 7, \n        1997; but in no case is a certification required to be provided \n        under such section 2724 pursuant to such subsection (e) before \n        60 days after the date of the enactment of this Act.","title":""}
+{"_id":"c4","text":"SECTION 1. ACCESS TO MENTAL HEALTH CARE OF FAMILIES OF MEMBERS OF THE \n              NATIONAL GUARD AND RESERVE DURING THEIR MOBILIZATION, \n              DEPLOYMENT, AND DEMOBILIZATION.\n\n    (a) Findings.--Congress makes the following findings:\n            (1) The members of the National Guard and Reserve have made \n        extraordinary contributions to Operation Iraqi Freedom and \n        Operation Enduring Freedom.\n            (2) The scope and scale of recent mobilizations and \n        deployments of members of the National Guard and Reserve is \n        unprecedented in the modern history of the Armed Forces.\n            (3) The frequency and length of such mobilizations and \n        deployments has placed significant strain on the family members \n        of deployed members.\n            (4) The Department of Defense Task Force on Mental Health \n        determined that family members of deployed members of the \n        National Guard and Reserve are more likely to experience mental \n        health challenges as a result of these mobilizations and \n        deployments.\n            (5) The Department of Defense Task Force on Mental Health \n        also determined that family members of deployed members of the \n        National Guard and Reserve are less likely to have ready access \n        to mental health care during periods of deployment.\n            (6) Family members of members of the National Guard and \n        Reserve often live far from military installations that are the \n        primary locations for mental health care provided by the \n        Department of Defense.\n            (7) Adequate support for family members of deployed members \n        of the Armed Forces is critical to maintaining morale, both on \n        the battlefield and on the home front.\n    (b) Sense of Congress.--It is the sense of Congress that the \nDepartment of Defense should undertake appropriate actions to ensure \nthat family members of members of the National Guard and Reserve who \nare deployed have full access to mental health care during the periods \nof mobilization, deployment, and demobilization of such members of the \nNational Guard and Reserve.\n    (c) Initiative To Increase Access to Mental Health Care.--\n            (1) In general.--The Secretary of Defense shall undertake a \n        nationwide initiative intended to increase access to mental \n        health care for family members of members of the National Guard \n        and Reserve who are mobilized.\n            (2) Elements.--The initiative shall include the following:\n                    (A) Programs and activities to educate the family \n                members of members of the National Guard and Reserve \n                who are mobilized on potential mental health challenges \n                connected with such mobilization.\n                    (B) Programs and activities to provide such family \n                members with complete information on all mental health \n                care resources available to such family members through \n                the Department of Defense and otherwise.\n                    (C) Requirements for mental health counselors at \n                military installations in communities with large \n                numbers of mobilized members of the National Guard and \n                Reserve to expand the reach of their counseling \n                activities to include families of such members in such \n                communities.\n    (d) Mental Health Care Under TRICARE.--\n            (1) In general.--Under such regulations as the Secretary of \n        Defense shall prescribe, reimbursement shall be provided under \n        the TRICARE program under chapter 55 of title 10, United States \n        Code, for any mental health care specified in paragraph (3) \n        that is provided to a family member of a covered member of the \n        National Guard or Reserve during the period of deployment of \n        such covered member of the National Guard or Reserve as \n        described in paragraph (2).\n            (2) Covered members of the national guard or reserve.--For \n        purposes of this subsection, a covered member of the National \n        Guard or Reserve is any member of the National Guard or Reserve \n        on active duty for more than 30 days for a deployment in \n        connection with Operation Iraqi Freedom or Operation Enduring \n        Freedom who, while so on active duty, is covered by the TRICARE \n        program on a for self and family basis.\n            (3) Mental health care.--The mental health care specified \n        in this paragraph is mental health care as follows:\n                    (A) Mental health care otherwise provided to \n                covered dependents of members of the uniformed services \n                under the TRICARE program.\n                    (B) Any mental health care and treatment that is \n                provided at a facility accredited by the Joint \n                Commission on Accreditation of Healthcare \n                Organizations.\n                    (C) Any mental health care and treatment that is \n                provided at a facility accredited by a State-\n                accrediting institution, including a facility not \n                otherwise recognized as an authorized provider under \n                the TRICARE program.\n                    (D) Chemical dependency treatment at any partial \n                hospital program, substance-abuse disorder \n                rehabilitation facility, or residential treatment \n                center accredited by the Joint Commission on \n                Accreditation of Healthcare Organizations or by a \n                State-accrediting institution.\n            (4) Effective date.--This subsection shall take effect on \n        January 1, 2008.\n    (e) Reports.--\n            (1) In general.--Not later than 180 days after the date of \n        the enactment of this Act, and every 180 days thereafter, the \n        Secretary of Defense shall submit to the Committees on Armed \n        Services of the Senate and the House of Representatives a \n        report on this section.\n            (2) Elements.--Each report shall include the following:\n                    (A) A current assessment of the extent to which \n                family members of members of the National Guard and \n                Reserve who are deployed have access to, and are \n                utilizing, mental health care available under this \n                section.\n                    (B) A current assessment of the quality of mental \n                health care being provided d to family members of the \n                National Guard and Reserve who are deployed at State-\n                accredited treatment centers.\n                    (C) Such recommendations for legislative or \n                administrative action as the Secretary considers \n                appropriate in order to further assure full access by \n                family members of members of the National Guard and \n                Reserve who are deployed to mental health care during \n                the mobilization, deployment, and demobilization of \n                such members of the National Guard and Reserve.","title":""}
+{"_id":"c40","text":"SECTION 1. HOV FACILITIES.\n\n    (a) In General.--Section 166 of title 23, United States Code, is \namended to read as follows:\n``Sec. 166. HOV facilities\n    ``(a) Definitions.--In this section, the following definitions \napply:\n            ``(1) Alternative fuel vehicle.--The term `alternative fuel \n        vehicle' means a dedicated vehicle that is operating solely \n        on--\n                    ``(A) methanol, denatured ethanol, or other \n                alcohols;\n                    ``(B) a mixture containing at least 85 percent of \n                methanol, denatured ethanol, and other alcohols by \n                volume with gasoline or other fuels;\n                    ``(C) natural gas;\n                    ``(D) liquefied petroleum gas;\n                    ``(E) hydrogen;\n                    ``(F) fuels (except alcohol) derived from \n                biological materials;\n                    ``(G) electricity (including electricity from solar \n                energy); or\n                    ``(H) any other fuel that the Secretary prescribes \n                by regulation that is not substantially petroleum and \n                that would yield substantial energy security and \n                environmental benefits, including fuels regulated under \n                section 490 of title 10, Code of Federal Regulations \n                (or successor regulations).\n            ``(2) HOV facility.--The term `HOV facility' means a high \n        occupancy vehicle facility.\n            ``(3) Public transportation vehicle.--The term `public \n        transportation vehicle' means a vehicle that--\n                    ``(A) provides designated public transportation (as \n                defined in section 221 of the Americans with \n                Disabilities Act of 1990 (42 U.S.C. 12141)) or provides \n                public school transportation (to and from public or \n                private primary, secondary, or tertiary schools); and\n                    ``(B)(i) is owned or operated by a public entity;\n                    ``(ii) is operated under a contract with a public \n                entity; or\n                    ``(iii) is operated pursuant to a license by the \n                Secretary or a State agency to provide motorbus or \n                school vehicle transportation services to the public.\n            ``(4) State agency.--\n                    ``(A) In general.--The term `State agency', as used \n                with respect to a HOV facility, means an agency of a \n                State or local government having jurisdiction over the \n                operation of the facility.\n                    ``(B) Inclusion.--The term `State agency' includes \n                a State transportation department.\n    ``(b) State Requirements.--\n            ``(1) Authority of state agencies.--A State agency that has \n        jurisdiction over the operation of a HOV facility shall \n        establish the occupancy requirements of vehicles operating on \n        the facility.\n            ``(2) Occupancy requirement.--Except as otherwise provided \n        by this section, no fewer than 2 occupants per vehicle may be \n        required for use of a HOV facility.\n    ``(c) Exceptions.--\n            ``(1) In general.--Notwithstanding the occupancy \n        requirement of subsection (b)(2), the exceptions in paragraphs \n        (2) through (5) shall apply with respect to a State agency \n        operating a HOV facility.\n            ``(2) Motorcycles and bicycles.--\n                    ``(A) In general.--Subject to subparagraph (B), the \n                State agency shall allow motorcycles and bicycles to \n                use the HOV facility.\n                    ``(B) Safety exception.--\n                            ``(i) In general.--A State agency may \n                        restrict use of the HOV facility by motorcycles \n                        or bicycles (or both) if the agency certifies \n                        to the Secretary that such use would create a \n                        safety hazard and the Secretary accepts the \n                        certification.\n                            ``(ii) Acceptance of certification.--The \n                        Secretary may accept a certification under this \n                        subparagraph only after the Secretary publishes \n                        notice of the certification in the Federal \n                        Register and provides an opportunity for public \n                        comment.\n            ``(3) Public transportation vehicles.--The State agency may \n        allow public transportation vehicles to use the HOV facility if \n        the agency establishes--\n                    ``(A) requirements for clearly identifying the \n                vehicles; and\n                    ``(B) procedures for enforcing the restrictions on \n                the use of the facility by the vehicles.\n            ``(4) High occupancy toll vehicles.--The State agency may \n        allow vehicles not otherwise exempt pursuant to this subsection \n        to use the HOV facility if the operators of the vehicles pay a \n        toll charged by the agency for use of the facility and the \n        agency--\n                    ``(A) establishes a program that addresses how \n                motorists can enroll and participate in the toll \n                program;\n                    ``(B) develops, manages, and maintains a system \n                that will automatically collect the toll; and\n                    ``(C) establishes policies and procedures--\n                            ``(i) to manage the demand to use the \n                        facility by varying the toll amount that is \n                        charged; and\n                            ``(ii) to enforce violations of use of the \n                        facility.\n            ``(5) Alternative fuel vehicles and new qualified plug-in \n        electric drive motor vehicles.--\n                    ``(A) Use of hov facilities.--For a period \n                beginning not later than 1 year after the date of \n                enactment of this section and ending on September 30, \n                2017, the State agency--\n                            ``(i) may allow alternative fuel vehicles \n                        and new qualified plug-in electric drive motor \n                        vehicles (as defined in section 30D(d)(1) of \n                        the Internal Revenue Code of 1986), to use HOV \n                        facilities in the State; and\n                            ``(ii) shall establish procedures for use \n                        in enforcing the restrictions on that use of \n                        HOV facilities by those vehicles.\n                    ``(B) Existing programs and procedures.--The State \n                agency shall--\n                            ``(i) not later than 1 year after the date \n                        of enactment of this section, develop and \n                        publish in the Federal Register a plan for use \n                        in--\n                                    ``(I) revising the HOV facility \n                                programs and procedures of the State \n                                agency to ensure that those programs \n                                and procedures are in compliance with \n                                this section; and\n                                    ``(II) notifying the public of any \n                                upcoming changes in vehicle eligibility \n                                for HOV facility usage; and\n                            ``(ii) not later than 3 years after the \n                        date of enactment of this section, update HOV \n                        facility programs and procedures in accordance \n                        with the plan described in clause (i).\n    ``(d) Requirements Applicable to Tolls.--\n            ``(1) In general.--Notwithstanding sections 129 and 301, \n        and except as provided in paragraph (2), tolls may be charged \n        under subsection (c)(4).\n            ``(2) Excess toll revenues.--If a State agency makes a \n        certification under section 129(a)(3) with respect to toll \n        revenues collected under subsection (c)(4), the State, in the \n        use of toll revenues under subsection (c)(4), shall give \n        priority consideration to projects for developing alternatives \n        to single occupancy vehicle travel and projects for improving \n        highway safety.\n    ``(e) HOV Facility Management, Operation, Monitoring, and \nEnforcement.--\n            ``(1) In general.--A State agency that allows vehicles to \n        use a HOV facility under paragraph (4) or (5) of subsection (c) \n        shall submit to the Secretary a report demonstrating that the \n        facility is not already degraded, and that the presence of the \n        vehicles will not cause the facility to become degraded, and \n        certify that the agency will carry out the following \n        responsibilities with respect to the facility:\n                    ``(A) Establishing, managing, and supporting a \n                performance monitoring, evaluation, and reporting \n                program for the HOV facility that provides for \n                continuous monitoring, assessment, and reporting on the \n                impacts that the vehicles may have on the operation of \n                the facility and adjacent highways and submitting to \n                the Secretary annual reports of those impacts.\n                    ``(B) Establishing, managing, and supporting an \n                enforcement program that ensures that the HOV facility \n                is being operated in accordance with this section.\n                    ``(C) Limiting or discontinuing the use of the HOV \n                facility by the vehicles, whenever the operation of the \n                facility is degraded, that requires such a limitation \n                or discontinuation of use to apply first to vehicles \n                using the HOV facility under subsection (c)(4) before \n                applying to vehicles using the HOV facility under \n                subsection (c)(5).\n            ``(2) Maintenance of operating performance.--A facility \n        that has become degraded shall be brought back into compliance \n        with the minimum average operating speed performance standard \n        by not later than 180 days after the date on which the \n        degradation is identified through changes to operation, \n        including the following:\n                    ``(A) Increase the occupancy requirement for HOVs.\n                    ``(B) Increase the toll charged for vehicles \n                allowed under subsection (b) to reduce demand.\n                    ``(C) Charge tolls to any class of vehicle allowed \n                under subsection (b) that is not already subject to a \n                toll.\n                    ``(D) Limit or discontinue allowing vehicles under \n                subsection (b).\n                    ``(E) Increase the available capacity of the HOV \n                facility.\n            ``(3) Compliance.--If the State fails to bring a facility \n        into compliance under paragraph (2), the Secretary shall \n        subject the State to appropriate program sanctions under \n        section 1.36 of title 23, Code of Federal Regulations (or \n        successor regulations), until the performance is no longer \n        degraded.\n            ``(4) Degraded facility.--\n                    ``(A) Definition of minimum average operating \n                speed.--In this paragraph, the term `minimum average \n                operating speed' means less than 65 percent of the HOV \n                facility rated speed limit.\n                    ``(B) Standard for determining degraded facility.--\n                For purposes of paragraph (1), the operation of a HOV \n                facility shall be considered to be degraded if vehicles \n                operating on the HOV facility are failing to maintain a \n                minimum average operating speed 65 percent of the time \n                over a consecutive 180-day period during morning or \n                evening weekday peak hour periods (or both).''.\n    (b) Sense of Congress.--It is the sense of Congress that the \nSecretary and the States should provide additional incentives \n(including the use of high occupancy vehicle lanes on State highways \nand routes on the Interstate System) for the purchase and use of \nadvanced technology and dedicated alternative fuel vehicles, which have \nbeen proven to minimize air emissions and decrease consumption of \nfossil fuels.","title":""}
+{"_id":"c400","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Student Loan Simplification and \nOpportunity Act of 2011''.\n\nSEC. 2. TEMPORARY STUDENT LOAN DEBT CONVERSION AUTHORITY.\n\n    (a) Repeal.--\n            (1) In general.--Section 459A of the Higher Education Act \n        of 1965 (20 U.S.C. 1087i-1) is repealed.\n            (2) Conforming amendments.--Part D of the Higher Education \n        Act of 1965 (20 U.S.C. 1087a et seq.) is amended--\n                    (A) in section 451(a) (20 U.S.C. 1087a), by \n                striking ``(1) to make loans to all eligible students \n                (and the eligible parents of such students) in \n                attendance at participating institutions of higher \n                education selected by the Secretary, to enable such \n                students to pursue their courses of study at such \n                institutions during the period beginning July 1, 1994; \n                and (2) for purchasing loans under section 459A.'' and \n                inserting ``to make loans to all eligible students (and \n                the eligible parents of such students) in attendance at \n                participating institutions of higher education selected \n                by the Secretary, to enable such students to pursue \n                their courses of study at such institutions during the \n                period beginning July 1, 1994.''; and\n                    (B) in section 459B(a)(2)(B) (20 U.S.C. 1087i-\n                2(a)(2)(B)), by striking ``purchased by the Secretary \n                pursuant to section 459A'' and inserting ``purchased by \n                the Secretary pursuant to section 459A under the terms \n                of that provision in effect on or before June 30, 2010, \n                or converted by the Secretary pursuant to section \n                459A''.\n    (b) Student Loan Debt Conversion.--Part D of title IV of the Higher \nEducation Act of 1965 (20 U.S.C. 1087a et seq.) is amended by inserting \nafter section 459 the following:\n\n``SEC. 459A. TEMPORARY AUTHORITY TO CONVERT STUDENT LOAN DEBT.\n\n    ``(a) In General.--\n            ``(1) Authority.--The Secretary shall, at the request of an \n        eligible borrower (as described in subsection (b)), convert an \n        eligible student loan debt (as described in subsection (c)) \n        into a Federal debt by paying the holder of the eligible \n        student loan the outstanding balance of principal and interest \n        on that loan, and the borrower shall enter into an agreement to \n        repay to the Secretary the amount advanced to convert the debt \n        to a Federal debt.\n            ``(2) Duration of authority.--The Secretary shall convert \n        eligible student loan debt under this section for those \n        eligible borrowers whose applications for conversion are \n        received on or after January 1, 2012 and before October 1, \n        2012.\n            ``(3) Designation of loan.--The repayment obligation of the \n        borrower whose eligible student loan debt was repaid by the \n        Secretary and converted to a Federal debt under this section \n        shall be referred to as a `FFEL Debt Conversion Loan'.\n    ``(b) Eligible Borrower.--A borrower is eligible for a FFEL Debt \nConversion Loan if the borrower, in addition to the loans described in \nsubsection (c), has an outstanding loan that was made under this part, \nor an outstanding loan that was purchased by the Secretary pursuant to \nsection 459A under the terms of that provision in effect on or before \nJune 30, 2010.\n    ``(c) Eligible Student Loan Debt.--A student loan of an eligible \nborrower is eligible for payment by a FFEL Debt Conversion Loan if--\n            ``(1) the loan was made, insured, or guaranteed under part \n        B, and not previously purchased by the Secretary pursuant to \n        section 459A under the terms of that provision in effect on or \n        before June 30, 2010;\n            ``(2) the loan is not in default; and\n            ``(3) the loan is not delinquent for 270 days or more.\n    ``(d) Terms and Conditions of Debt Conversion Loans.--\n            ``(1) Continuation of terms.--A FFEL Debt Conversion Loan \n        shall be repayable by the borrower under the same terms and \n        conditions as were applicable under the promissory note signed \n        by the borrower for the eligible student loan debt being repaid \n        by the Secretary under this section, including such terms as \n        applied when the borrower entered repayment, and the \n        availability of grace periods and deferments.\n            ``(2) Aggregate loan limits.--Notwithstanding any other \n        provision of this title, a FFEL Debt Conversion Loan shall be \n        included in the calculation of the aggregate loan limit that \n        was applicable to the borrower's eligible student loan for \n        which the FFEL Debt Conversion Loan was obtained.\n            ``(3) Other terms.--\n                    ``(A) FFEL terms.--Other borrower benefits offered \n                by the originating lender or the holder of the eligible \n                student loan being repaid that are not specified in \n                part B or in the borrower's promissory note for that \n                loan are not available with respect to a FFEL Debt \n                Conversion Loan.\n                    ``(B) Direct loan terms.--Except as provided in \n                paragraph (5), benefits offered only for loans made \n                under this part are not available with respect to a \n                FFEL Debt Conversion Loan.\n            ``(4) Fees.--\n                    ``(A) No fees imposed by secretary.--The Secretary \n                shall not charge the borrower any origination or other \n                fee for the making of a FFEL Debt Conversion Loan.\n                    ``(B) No fees imposed by holder of eligible student \n                loan debt.--Notwithstanding any other provision of law, \n                the holder of an eligible student loan shall not charge \n                the Secretary or the borrower any origination or other \n                fee, including any fee for providing the information \n                described in subsection (e), for the conversion of the \n                eligible student loan debt to a FFEL Debt Conversion \n                Loan.\n            ``(5) Ffel debt conversion benefits.--The Secretary may \n        offer benefits to a borrower of a FFEL Debt Conversion Loan, in \n        an amount that shall not exceed 2 percent of the amount \n        advanced on the FFEL Debt Conversion Loan, which may include \n        payments to borrowers, reductions in the outstanding principal \n        and interest on the FFEL Debt Conversion Loan, or such other \n        benefits as the Secretary may establish.\n    ``(e) Information From Holders of Student Loan Debt Eligible for \nConversion.--A holder of an eligible student loan shall promptly \nprovide the Secretary with the amount outstanding and such other \ninformation as may be needed to convert that debt under this section.\n    ``(f) Notification.--Not later than December 1, 2011, the Secretary \nshall notify eligible borrowers--\n            ``(1) of their eligibility to convert an eligible student \n        loan debt under this section; and\n            ``(2) of the time frame for applying for such \n        conversion.''.\n    (c) Conforming Amendments.--\n            (1) Cohort default rate.--Section 435(m)(2) of the Higher \n        Education Act of 1965 (20 U.S.C. 1085(m)(2)) is amended by \n        adding at the end the following:\n                    ``(E) For purposes of this subsection, a borrower \n                who obtains a FFEL Debt Conversion Loan under section \n                459A shall continue to be considered as having entered \n                repayment on the date the borrower entered repayment on \n                the eligible student loan debt that was repaid by the \n                Secretary and converted to a Federal debt under that \n                section.''.\n            (2) Contracts.--Section 456(b) of the Higher Education Act \n        of 1965 (20 U.S.C. 1087f(b)) is amended--\n                    (A) in paragraph (2), by inserting ``, converted,'' \n                after ``made''; and\n                    (B) in paragraph (3), by inserting ``, converted,'' \n                after ``made''.\n            (3) Federal consolidation loans.--Section 428C(a)(4)(C) of \n        the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(4)(C)) is \n        amended by inserting ``or converted'' after ``made''.\n            (4) Income-based repayment.--Section 493C of the Higher \n        Education Act of 1965 (20 U.S.C. 1098e) is amended--\n                    (A) in subsection (a)(3)(A), by inserting \n                ``converted,'' after ``made,'';\n                    (B) in subsection (b)(1), by inserting \n                ``converted,'' after ``made,''; and\n                    (C) in subsection (c), by inserting ``converted,'' \n                after ``made,''.\n    (d) Inapplicability of Title IV Negotiated Rulemaking and Master \nCalendar Exception.--Sections 482(c) and 492 of the Higher Education \nAct of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the \namendments made by this section, or to any regulations promulgated \nunder those amendments.\n    (e) Annual Cost Estimate.--Notwithstanding any other provision of \nthis Act or an amendment made by this Act, the Secretary of Education \nshall carry out the requirement of section 459A(e)(3) of the Higher \nEducation Act of 1965, as in effect on the day before the date of \nenactment of this Act, with respect to the annual cost estimates \nrequired to be submitted not later than February 15, 2012.\n    (f) Funds for Federal Pell Grants.--The proceeds to the Federal \nGovernment from the temporary authority to convert student loan debt \nprovided by the amendments made by this Act shall be used to carry out \nFederal Pell Grants under section 401 of the Higher Education Act of \n1965 (20 U.S.C. 1070a).","title":""}
+{"_id":"c401","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Suburban and Community Forestry and \nOpen Space Initiative Act of 2001''.\n\nSEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE.\n\n    The Cooperative Forestry Assistance Act of 1978 is amended by \ninserting after section 7 (16 U.S.C. 2103c) the following:\n\n``SEC. 7A. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE.\n\n    ``(a) Definitions.--In this section:\n            ``(1) Eligible entity.--The term `eligible entity' means a \n        State (including a political subdivision) or nonprofit \n        organization that the Secretary determines under subsection \n        (c)(1)(A)(ii) is eligible to receive a grant under subsection \n        (c)(2).\n            ``(2) Indian tribe.--The term `Indian tribe'--\n                    ``(A) in the case of the State of Alaska, means a \n                Native corporation (as defined in section 3 of the \n                Alaska Native Claims Settlement Act (43 U.S.C. 1602)); \n                and\n                    ``(B) in the case of any other State, has the \n                meaning given the term in section 4 of the Indian Self-\n                Determination and Education Assistance Act (25 U.S.C. \n                450b).\n            ``(3) Private forest land.--The term `private forest land' \n        means land that is--\n                    ``(A)(i) covered by trees; or\n                    ``(ii) suitable for growing trees, as determined by \n                the Secretary;\n                    ``(B) suburban, as determined by the Secretary; and\n                    ``(C) owned by--\n                            ``(i) a private entity; or\n                            ``(ii) an Indian tribe.\n            ``(4) Program.--The term `program' means the Suburban and \n        Community Forestry and Open Space Initiative established by \n        subsection (b).\n            ``(5) Secretary.--The term `Secretary' means the Secretary \n        of Agriculture, acting through the Chief of the Forest Service.\n    ``(b) Establishment.--\n            ``(1) In general.--There is established within the Forest \n        Service a program to be known as the `Suburban and Community \n        Forestry and Open Space Initiative'.\n            ``(2) Purpose.--The purpose of the program is to provide \n        assistance to eligible entities to carry out projects and \n        activities to--\n                    ``(A) identify and preserve private forest land; \n                and\n                    ``(B) contain suburban sprawl.\n    ``(c) Grant Program.--\n            ``(1) Identification of eligible private forest land.--\n                    ``(A) In general.--The Secretary, in consultation \n                with State foresters or equivalent State officials and \n                State planning offices, shall establish criteria for--\n                            ``(i) the identification, subject to \n                        subparagraph (B), of private forest land in \n                        each State that may be preserved under this \n                        section; and\n                            ``(ii) the identification of eligible \n                        entities.\n                    ``(B) Conditions for eligible private forest \n                land.--Private forest land identified for preservation \n                under subparagraph (A)(i) shall be land that is--\n                            ``(i) located in an area that is affected, \n                        or threatened to be affected, by significant \n                        suburban sprawl, as determined by the \n                        appropriate planning office of the State in \n                        which the private forest land is located; and\n                            ``(ii) threatened by present or future \n                        conversion to nonforest use.\n            ``(2) Grants.--\n                    ``(A) Projects and activities.--\n                            ``(i) In general.--In carrying out this \n                        section, the Secretary shall award grants to \n                        eligible entities to carry out a project or \n                        activity described in clause (ii).\n                            ``(ii) Types.--A project or activity \n                        referred to in clause (i) is a project or \n                        activity that--\n                                    ``(I) is carried out to preserve \n                                private forest land or contain suburban \n                                sprawl; and\n                                    ``(II) provides for guaranteed \n                                public access to land on which the \n                                project or activity is carried out, \n                                unless the appropriate State planning \n                                office requests, and provides \n                                justification for the request, that \n                                that requirement be waived.\n                    ``(B) Application.--An eligible entity that seeks \n                to receive a grant under this section shall submit to \n                the Secretary, in such form as the Secretary shall \n                prescribe, an application for the grant (including a \n                description of any private forest land to be preserved \n                using funds from the grant).\n                    ``(C) Approval or disapproval.--\n                            ``(i) In general.--Subject to clause (ii), \n                        as soon as practicable after the date on which \n                        the Secretary receives an application under \n                        subparagraph (B) or a resubmission under \n                        subclause (II)(bb), the Secretary shall--\n                                    ``(I)(aa) approve the application; \n                                and\n                                    ``(bb) award a grant to the \n                                applicant; or\n                                    ``(II)(aa) disapprove the \n                                application; and\n                                    ``(bb) provide the applicant a \n                                statement that describes the reasons \n                                why the application was disapproved \n                                (including a deadline by which the \n                                applicant may resubmit the \n                                application).\n                            ``(ii) Priority.--In awarding grants under \n                        this section, the Secretary shall give priority \n                        to applicants that propose to fund projects and \n                        activities that promote, in addition to the \n                        primary purposes of preserving private forest \n                        land and containing suburban sprawl--\n                                    ``(I) the active management, in a \n                                sustainable manner, of private forest \n                                land;\n                                    ``(II) community and school \n                                education programs and curricula \n                                relating to sustainable forestry; and\n                                    ``(III) community involvement in \n                                determining the care and management of \n                                forest resources.\n            ``(3) Cost sharing.--\n                    ``(A) In general.--The Federal share of the cost of \n                carrying out any project or activity using funds from a \n                grant awarded under this section shall not exceed \\1\/2\\ \n                of the total cost of the project or activity.\n                    ``(B) Assurances of non-federal share.--As a \n                condition of receipt of a grant under this section, an \n                eligible entity shall provide to the Secretary such \n                assurances as the Secretary determines are sufficient \n                to demonstrate that the non-Federal share of the cost \n                of each project or activity to be funded by the grant \n                has been secured.\n                    ``(C) Form of non-federal share.--The non-Federal \n                share of the cost of carrying out any project or \n                activity described in subparagraph (A) may be provided \n                in cash or in kind.\n    ``(d) Use of Grant Funds for Purchases of Land or Easements.--\n            ``(1) Purchases.--\n                    ``(A) In general.--Except as provided in \n                subparagraph (B), funds made available, and grants \n                awarded, under this section may be used to purchase \n                private forest land or interests in private forest land \n                (including conservation easements) only from willing \n                sellers at fair market value.\n                    ``(B) Sales at less than fair market value.--A sale \n                of private forest land or an interest in private forest \n                land at less than fair market value shall be permitted \n                only on certification by the landowner that the sale is \n                being entered into willingly and without coercion.\n            ``(2) Title.--Title to private forest land or an interest \n        in private forest land purchased under paragraph (1) may be \n        held, as determined appropriate by the Secretary, by--\n                    ``(A) a State (including a political subdivision of \n                a State); or\n                    ``(B) a nonprofit organization.\n    ``(e) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section--\n            ``(1) $50,000,000 for fiscal year 2003; and\n            ``(2) such sums as are necessary for each fiscal year \n        thereafter.''.","title":""}
+{"_id":"c402","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Sunset Wasteful Executive \nExpenditures and Programs Act of 2013''.\n\nSEC. 2. REQUIREMENT FOR THE COMPTROLLER GENERAL TO REVIEW EXECUTIVE \n              DEPARTMENTS TO ENSURE THEY CONTINUE TO SERVE A PUBLIC \n              NEED.\n\n    (a) Amendment.--Chapter 7 of title 31, United States Code, is \namended by adding at the end of subchapter II the following new \nsection:\n``Sec. 721. Review of Executive departments to ensure they continue to \n              serve a public need\n    ``(a) Review Required.--Each year, beginning with 2014, the \nComptroller General of the United States shall review three Executive \ndepartments, in the order of their creation, to identify agencies and \nprograms within the jurisdiction of the departments that perform \nsimilar or related functions and that no longer serve a public need. \nThe Comptroller General shall review every department at least once \nevery five years.\n    ``(b) Criteria.--The Comptroller General shall evaluate the \nefficiency and public need for each Executive department pursuant to \nsubsection (a) using the following criteria:\n            ``(1) The effectiveness and the efficiency of the operation \n        of the programs carried out by each such Executive department.\n            ``(2) Whether the programs carried out by the Executive \n        department are cost-effective.\n            ``(3) Whether the Executive department has acted outside \n        the scope of its original authority, and whether the original \n        objectives of the department have been achieved.\n            ``(4) Whether less restrictive or alternative methods exist \n        to carry out the functions of the Executive department.\n            ``(5) The extent to which the jurisdiction of, and the \n        programs administered by, the Executive department duplicate or \n        conflict with the jurisdiction and programs of other Executive \n        departments.\n            ``(6) The potential benefits of consolidating programs \n        administered by the Executive department with similar or \n        duplicative programs of other Executive departments, and the \n        potential for consolidating such programs.\n            ``(7) The number and types of beneficiaries or persons \n        served by programs carried out by the Executive department.\n            ``(8) The extent to which any trends, developments, and \n        emerging conditions that are likely to affect the future nature \n        and extent of the problems or needs that the programs carried \n        out by the Executive department are intended to address.\n            ``(9) The extent to which the Executive department has \n        complied with the provisions contained in sections 1115 through \n        1119 of this title (relating to Government performance planning \n        and reporting).\n            ``(10) Whether the Executive department has worked to enact \n        changes in the law that are intended to benefit the public as a \n        whole rather than the specific business, institution, or \n        individuals that the department regulates.\n            ``(11) The extent to which the Executive department has \n        encouraged participation by the public as a whole in making its \n        rules and decisions rather than encouraging participation \n        solely by those it regulates.\n            ``(12) The extent to which the public participation in \n        rulemaking and decisionmaking of the Executive department has \n        resulted in rules and decisions compatible with the objectives \n        of the department.\n            ``(13) The extent to which the Executive department \n        complies with section 552 of title 5, United States Code \n        (commonly known as the `Freedom of Information Act').\n            ``(14) The extent of the regulatory, privacy, and paperwork \n        impacts of the programs carried out by the Executive \n        department.\n            ``(15) The extent to which changes are necessary in the \n        authorizing statutes of the Executive department in order that \n        the function of the department can be performed in the most \n        efficient and effective manner.\n    ``(c) Annual Report and Recommended Legislation.--By February 1 of \neach year, beginning with February 1, 2015, the Comptroller General \nshall submit to Congress a report on the results of the review of the \nExecutive departments carried out during the preceding year. The report \nshall include--\n            ``(1) such recommendations as the Comptroller General \n        considers necessary to facilitate the abolishment of agencies \n        and programs within the Executive departments that perform \n        similar or related functions that were identified pursuant to \n        subsection (a) as no longer serving a public need; and\n            ``(2) legislative language to implement those \n        recommendations in a form appropriate for introduction in \n        Congress as a bill.\n    ``(d) Executive Department Defined.--In this section, the term \n`Executive department' means each department listed in section 101 of \ntitle 5, United States Code.''.\n    (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 7 of title 31, United States Code, is amended by adding at the \nend of subchapter II the following new item:\n\n``721. Review of Executive departments to ensure they continue to serve \n                            a public need.''.\n\nSEC. 3. CONGRESSIONAL ACTION TO ENSURE EXECUTIVE DEPARTMENTS CONTINUE \n              TO SERVE A PUBLIC NEED.\n\n    (a) Abolishment of Departments.--\n            (1) In general.--Not later than December 31 of each year, \n        beginning with December 31, 2015, the three Executive \n        departments that were reviewed by the Comptroller General of \n        the United States during the preceding year pursuant to section \n        721 of title 31, United States Code, shall be abolished.\n            (2) Winding down.--The President, in coordination with the \n        Secretary of each Executive department concerned, shall direct \n        the procedures for the winding down of the operations of \n        departments abolished under subsection (a).\n            (3) Extension.--The date of abolishment for an Executive \n        department may be extended for an additional two years if \n        Congress enacts legislation extending such date by a vote of \n        three-fifths of the House of Representatives and of the Senate.\n    (b) Continuation of Departments.--\n            (1) Approval of existence.--Congress may authorize the \n        continued existence of an Executive department scheduled for \n        abolishment by approving or rejecting the legislation \n        containing the recommendations of the Comptroller General with \n        respect to that department, as submitted under section \n        721(c)(2) of title 31, United States Code, and introduced as a \n        bill under subsection (c).\n            (2) Future recommendations.--Action of Congress approving \n        of an Executive department scheduled for abolishment does not \n        prevent the department from being abolished in the next cycle \n        for consideration.\n    (c) Process for Consideration of Comptroller General's Report.--\n            (1) Introduction.--After February 1 of each year, beginning \n        with 2015, the legislation containing the recommendations of \n        the Comptroller General with respect to the Executive \n        departments reviewed during the preceding year, as submitted in \n        the report of the Comptroller General under section 721(c)(2) \n        of title 31, United States Code, shall be introduced in the \n        Senate by the Majority Leader or the Majority Leader's \n        designee, and in the House of Representatives by the Speaker or \n        the Speaker's designee. Upon such introduction, the bill, to be \n        known as a ``wasteful expenditures bill'' shall be referred to \n        appropriate committees of Congress under paragraph (2). If the \n        wasteful expenditures bill is not introduced in accordance with \n        the preceding sentence, then any member of Congress may \n        introduce such bill in the member's respective House of \n        Congress beginning on the date that is the fifth calendar day \n        that such House is in session following the date of the \n        submission of such aggregate legislative provisions.\n            (2) Committee consideration.--\n                    (A) Referral.--A wasteful expenditures bill \n                introduced under paragraph (1) shall be referred to any \n                appropriate committee of jurisdiction in the Senate and \n                the House of Representatives. A committee to which a \n                wasteful expenditures bill is referred under this \n                paragraph and may review and comment on such bill, may \n                report such bill to the respective House, and may not \n                amend such bill.\n                    (B) Reporting.--Not later than 60 legislative days \n                after the introduction of the wasteful expenditures \n                bill, each Committee of Congress to which the wasteful \n                expenditures bill was referred shall report the bill.\n                    (C) Discharge of committee.--If a committee to \n                which is referred a wasteful expenditures bill has not \n                reported such bill at the end of 60 legislative days \n                after its introduction or at the end of the first day \n                after there has been reported to the House involved a \n                wasteful expenditures bill, whichever is earlier, such \n                committee shall be deemed to have been discharged from \n                further consideration of such bill, and such bill shall \n                be placed on the appropriate calendar of the House \n                involved.\n            (3) Expedited procedure.--\n                    (A) Consideration.--\n                            (i) In general.--Not later than 5 \n                        legislative days after the date on which a \n                        committee has reported a wasteful expenditures \n                        bill or been discharged from consideration of a \n                        wasteful expenditures bill, the Majority Leader \n                        of the Senate, or the Majority Leader's \n                        designee, or the Speaker of the House of \n                        Representatives, or the Speaker's designee, \n                        shall move to proceed to the consideration of \n                        the wasteful expenditures bill. It shall also \n                        be in order for any member of the Senate or the \n                        House of Representatives, respectively, to move \n                        to proceed to the consideration of the wasteful \n                        expenditures bill at any time after the \n                        conclusion of such 5-day period.\n                            (ii) Motion to proceed.--A motion to \n                        proceed to the consideration of a wasteful \n                        expenditures bill is highly privileged in the \n                        House of Representatives and is privileged in \n                        the Senate and is not debatable. The motion is \n                        not subject to amendment or to a motion to \n                        postpone consideration of the wasteful \n                        expenditures bill. If the motion to proceed is \n                        agreed to, the Senate or the House of \n                        Representatives, as the case may be, shall \n                        immediately proceed to consideration of the \n                        wasteful expenditures bill without intervening \n                        motion, order, or other business, and the \n                        wasteful expenditures bill shall remain the \n                        unfinished business of the Senate or the House \n                        of Representatives, as the case may be, until \n                        disposed of.\n                            (iii) Limited debate.--Debate on the \n                        wasteful expenditures bill and on all debatable \n                        motions and appeals in connection therewith \n                        shall be limited to not more than 10 hours, \n                        which shall be divided equally between those \n                        favoring and those opposing the wasteful \n                        expenditures bill. A motion further to limit \n                        debate on the wasteful expenditures bill is in \n                        order and is not debatable. All time used for \n                        consideration of the wasteful expenditures \n                        bill, including time used for quorum calls \n                        (except quorum calls immediately preceding a \n                        vote) and voting, shall come from the 10 hours \n                        of debate.\n                            (iv) Amendments.--No amendment to the \n                        wasteful expenditures bill shall be in order in \n                        the Senate and the House of Representatives.\n                            (v) Vote on final passage.--Immediately \n                        following the conclusion of the debate on the \n                        wasteful expenditures bill, the vote on final \n                        passage of the wasteful expenditures bill shall \n                        occur.\n                            (vi) Other motions not in order.--A motion \n                        to postpone consideration of the wasteful \n                        expenditures bill, a motion to proceed to the \n                        consideration of other business, or a motion to \n                        recommit the wasteful expenditures bill is not \n                        in order. A motion to reconsider the vote by \n                        which the wasteful expenditures bill is agreed \n                        to or not agreed to is not in order.\n                    (B) Consideration by the other house.--If, before \n                the passage by one House of the wasteful expenditures \n                bill that was introduced in such House, such House \n                receives from the other House a wasteful expenditures \n                bill as passed by such other House--\n                            (i) the wasteful expenditures bill of the \n                        other House shall not be referred to a \n                        committee and may only be considered for final \n                        passage in the House that receives it under \n                        subparagraph (C);\n                            (ii) the procedure in the House in receipt \n                        of the wasteful expenditures bill of the other \n                        House, shall be the same as if no wasteful \n                        expenditures bill had been received from the \n                        other House; and\n                            (iii) notwithstanding subparagraph (B), the \n                        vote on final passage shall be on the wasteful \n                        expenditures bill of the other House.\n                    (C) Disposition.--Upon disposition of a wasteful \n                expenditures bill that is received by one House from \n                the other House, it shall no longer be in order to \n                consider the wasteful expenditures bill that was \n                introduced in the receiving House.\n            (4) Legislative day.--In this section, the term \n        ``legislative day'' means a day on which either House of \n        Congress is in session.\n            (5) Rules of the senate and the house of representatives.--\n        This section is enacted--\n                    (A) as an exercise of the rulemaking power of the \n                Senate and the House of Representatives, respectively, \n                and is deemed to be part of the rules of each House, \n                respectively, but applicable only with respect to the \n                procedure to be followed in that House in the case of a \n                wasteful expenditures bill, and it supersedes other \n                rules only to the extent that it is inconsistent with \n                such rules; and\n                    (B) with full recognition of the constitutional \n                right of either House to change the rules (so far as \n                they relate to the procedure of that House) at any \n                time, in the same manner, and to the same extent as in \n                the case of any other rule of that House.","title":""}
+{"_id":"c403","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``TANF Recipients' Lifeline Act''.\n\nSEC. 2. REPEAL OF 5-YEAR LIMIT ON BENEFITS.\n\n    (a) In General.--Section 408(a) of the Social Security Act (42 \nU.S.C. 608(a)) is amended by striking paragraph (7).\n    (b) Conforming Amendment.--Section 409(a) of such Act (42 U.S.C. \n609(a)) is amended by striking paragraph (9).\n\nSEC. 3. EXCEPTION FOR TANF TO 5-YEAR BAN ON BENEFITS FOR QUALIFIED \n              ALIENS.\n\n    (a) In General.--Section 403(c)(2) of the Personal Responsibility \nand Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)) \nis amended by adding at the end the following:\n                    ``(L) Benefits under the Temporary Assistance for \n                Needy Families program described in section \n                402(b)(3)(A).''.\n    (b) Conforming Amendments.--Section 402(b)(2) of the Personal \nResponsibility and Work Opportunity Reconciliation Act of 1996 (8 \nU.S.C. 1612(b)(2)) is amended--\n            (1) in subparagraph (A)(ii) by striking ``subparagraph \n        (C))'' and inserting ``subparagraphs (A) and (C))''; and\n            (2) by striking subparagraph (B).\n\nSEC. 4. REQUIREMENT TO PROVIDE TRANSLATION SERVICES FOR NON-ENGLISH \n              SPEAKERS.\n\n    (a) Requirement.--Section 408(a) of the Social Security Act (42 \nU.S.C. 608(a)) is amended by adding at the end the following:\n            ``(12) Use of bilingual personnel and printed material.--A \n        State to which a grant is made under section 403 shall use \n        appropriate bilingual personnel and printed material in the \n        administration of the State program funded under this part in \n        those portions of the political subdivisions in the State in \n        which a substantial number of recipients of assistance under \n        the State program speak a language other than English.''.\n    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is \namended by adding at the end the following:\n            ``(15) Failure to use bilingual personnel and printed \n        material.--If the Secretary determines that a State to which a \n        grant is made under section 403 for a fiscal year has violated \n        section 408(a)(12) during the fiscal year, the Secretary shall \n        reduce the grant payable to the State under section 403(a)(1) \n        for the immediately succeeding fiscal year by an amount equal \n        to 2 percent of the State family assistance grant.''.\n\nSEC. 5. INFLATION ADJUSTMENT OF BLOCK GRANT.\n\n    (a) Extension of Block Grant.--Section 403(a)(1)(A) of the Social \nSecurity Act (42 U.S.C. 603(a)(1)(A)) is amended by striking ``1996'' \nand all that follows through ``2002'' and inserting ``2002 through \n2005''.\n    (b) Inflation Adjustment.--Section 403(a)(1) of such Act (42 U.S.C. \n603(a)(1)) is amended--\n            (1) in subparagraph (B)--\n                    (A) by striking ``means the greatest of--'' and \n                inserting ``means, with respect to a fiscal year \n                specified in subparagraph (A)--\n                            ``(i) the greatest of--'';\n                    (B) by redesignating each of clauses (i), (ii)(I), \n                (ii)(II), and (iii) as subclauses (I), (II)(aa), \n                (II)(bb), and (III), respectively;\n                    (C) by indenting each of the provisions specified \n                in subparagraph (B) of this paragraph 2 additional ems \n                to the right;\n                    (D) by striking the period and inserting ``; \n                mulitplied by''; and\n                    (E) by adding at the end the following:\n                            ``(ii) if the fiscal year specified in \n                        subparagraph (A) is--\n                                    ``(I) fiscal year 2002 or 2003, \n                                1.00; or\n                                    ``(II) fiscal year 2004 or 2005, \n                                1.00 plus the inflation percentage (as \n                                defined in subparagraph (F) of this \n                                paragraph) in effect for the fiscal \n                                year specified in subparagraph (A).''; \n                                and\n            (2) by adding at the end the following:\n                    ``(F) Inflation percentage.--For purposes of \n                subparagraph (B) of this paragraph, the inflation \n                percentage applicable to a fiscal year is the \n                percentage (if any) by which--\n                            ``(i) the average of the Consumer Price \n                        Index (as defined in section 1(f)(5) of the \n                        Internal Revenue Code of 1986) for the 12-month \n                        period ending on September 30 of the \n                        immediately preceding fiscal year; exceeds\n                            ``(ii) the average of the Consumer Price \n                        Index (as so defined) for the 12-month period \n                        ending on September 30, 2002.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n    The amendments made by this Act shall take effect on October 1, \n2002.","title":""}
+{"_id":"c404","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Taking Account of Institutions with \nLow Operation Risk Act of 2015'' or the ``TAILOR Act of 2015''.\n\nSEC. 2. REGULATIONS APPROPRIATE TO BUSINESS MODELS.\n\n    (a) In General.--For any regulatory action occurring subsequent to \nenactment of this section, and notwithstanding any other provision of \nlaw, the Federal financial institutions regulatory agencies shall--\n            (1) take into consideration the risk profile and business \n        models of the various institutions or classes of institutions \n        subject to the regulatory action;\n            (2) determine the necessity, appropriateness, and impact of \n        applying such regulatory action to such institutions or classes \n        of institutions; and\n            (3) tailor such regulatory action applicable to such \n        institutions or class of institutions in a manner that limits \n        the regulatory compliance impact, cost, liability risk, and \n        other burdens as is appropriate for the risk profile and \n        business model involved.\n    (b) Other Considerations.--In satisfying the requirements of \nsubsection (a) and when implementing such regulatory action, the \nFederal financial institutions regulatory agencies shall also \nconsider--\n            (1) the impact that such regulatory action, both by itself \n        and in conjunction with the aggregate effect of other \n        regulations, has on the ability of the institution or class of \n        institutions to flexibly serve evolving and diverse customer \n        needs;\n            (2) the potential unintended impact of examination manuals \n        or other regulatory directives that work in conflict with the \n        tailoring of such regulatory action described in subsection \n        (a)(3); and\n            (3) the underlying policy objectives of the regulatory \n        action and statutory scheme involved.\n    (c) Notice of Proposed and Final Rulemaking.--The Federal financial \ninstitutions regulatory agencies shall disclose in every notice of \nproposed rulemaking and in any final rulemaking for a regulatory action \nhow the agency has applied subsections (a) and (b).\n    (d) Reports to Congress.--\n            (1) Individual agency reports.--\n                    (A) In general.--The Federal financial institutions \n                regulatory agencies shall individually report to the \n                Committee on Financial Services of the House of \n                Representatives and the Committee on Banking, Housing, \n                and Urban Affairs of the Senate, within twelve months \n                of enactment of this section and annually thereafter, \n                on the specific actions taken to tailor the agency's \n                regulatory actions pursuant to the requirements of this \n                section.\n                    (B) Appearance before the committees.--The head of \n                each Federal financial institution regulatory agency \n                shall appear before the Committee on Financial Services \n                of the House of Representatives and the Committee on \n                Banking, Housing, and Urban Affairs of the Senate after \n                each report is made pursuant to subparagraph (A), to \n                testify on the contents of such report.\n            (2) FIEC reports.--\n                    (A) In general.--The Financial Institutions \n                Examination Council shall report to the Committee on \n                Financial Services of the House of Representatives and \n                the Committee on Banking, Housing, and Urban Affairs of \n                the Senate, within three months after the reports \n                required under paragraph (1)--\n                            (i) on the extent to which regulatory \n                        actions tailored pursuant to this section \n                        result in differential regulation of similarly-\n                        situated institutions of diverse charter types \n                        with respect to comparable regulations; and\n                            (ii) the reasons for such differential \n                        treatment.\n                    (B) Appearance before the committees.--The Chairman \n                of the Financial Institutions Examination Council shall \n                appear before the Committee on Financial Services of \n                the House of Representatives and the Committee on \n                Banking, Housing, and Urban Affairs of the Senate after \n                each report is made pursuant to subparagraph (A), to \n                testify on the contents of such report.\n    (e) Limited Look-Back Application.--The Federal financial \ninstitutions regulatory agencies shall conduct a review of all \nregulations adopted during the period beginning on the date that is \nfive years before the date of the introduction of this Act in the House \nof Representatives and ending on the date of the enactment of this Act \nand apply the requirements of this section to such regulations. If the \napplication of the requirements of this section to any such regulation \nrequires such regulation to be revised, the agency shall revise such \nregulation within three years of the enactment of this section.\n    (f) Definitions.--For purposes of this section, the following \ndefinitions shall apply:\n            (1) Federal financial institutions regulatory agencies.--\n        The term ``Federal financial institutions regulatory agencies'' \n        means the Office of the Comptroller of the Currency, the Board \n        of Governors of the Federal Reserve System, the Federal Deposit \n        Insurance Corporation, the National Credit Union \n        Administration, and the Bureau of Consumer Financial \n        Protection.\n            (2) Regulatory action.--The term ``regulatory action'' \n        means any proposed, interim, or final rule or regulation, \n        guidance, or published interpretation.","title":""}
+{"_id":"c405","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Tax Equity Act of 1993''.\n\nSEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX \n              RATES.\n\n    (a) General Rule.--Subsection (f) of section 1 of the Internal \nRevenue Code of 1986 (relating to adjustments in tax tables so that \ninflation will not result in tax increases) is amended by adding at the \nend thereof the following new paragraphs:\n            ``(8) Regional cost-of-living adjustments.--\n                    ``(A) In general.--In the case of an individual, \n                the rate table otherwise in effect under this section \n                for any taxable year (determined after the application \n                of paragraph (1)) shall be further adjusted as provided \n                in subparagraph (B).\n                    ``(B) Method of making regional adjustment.--The \n                rate table otherwise in effect under this section with \n                respect to any individual for any taxable year shall be \n                adjusted as follows:\n                            ``(i) The minimum and maximum dollar \n                        amounts otherwise in effect for each rate \n                        bracket shall be multiplied by the applicable \n                        multiplier (for the calendar year in which the \n                        taxable year begins) which applies to the \n                        statistical area in which the individual's \n                        primary place of abode during the taxable year \n                        is located.\n                            ``(ii) The rate applicable to any rate \n                        bracket (as adjusted by clause (i)) shall not \n                        be changed.\n                            ``(iii) The amount setting forth the tax \n                        shall be adjusted to the extent necessary to \n                        reflect the adjustments in the rate brackets.\n                If any amount determined under clause (i) is not a \n                multiple of $50, such amount shall be rounded to the \n                nearest multiple of $50.\n            ``(9) Determination of multipliers.--\n                    ``(A) In general.--Not later than December 15 of \n                each calendar year, the Secretary shall prescribe an \n                applicable multiplier for each statistical area of the \n                United States which shall apply to taxable years \n                beginning during the succeeding calendar year.\n                    ``(B) Determination of multipliers.--\n                            ``(i) For each statistical area where the \n                        cost-of-living differential for any calendar \n                        year is greater than 125 percent, the \n                        applicable multiplier for such calendar year is \n                        90 percent of such differential.\n                            ``(ii) For each statistical area where the \n                        cost-of-living differential for any calendar \n                        year exceeds 97 percent but does not exceed 125 \n                        percent, the applicable multiplier for such \n                        calendar year is 1.05.\n                            (iii) For each statistical area not \n                        described in clause (i) or (ii), the applicable \n                        multiplier is the cost-of-living differential \n                        for the calendar year.\n                    ``(C) Cost-of-living differential.--The cost-of-\n                living differential for any statistical area for any \n                calendar year is the percentage determined by \n                dividing--\n                            ``(i) the cost-of-living for such area for \n                        the preceding calendar year; by\n                            ``(ii) the average cost-of-living for the \n                        United States for the preceding calendar year.\n                    ``(D) Cost-of-living for area.--\n                            ``(i) In general.--For each calendar year \n                        beginning after 1993, the Secretary of Labor \n                        shall determine and publish a cost-of-living \n                        index for each statistical area.\n                            ``(ii) Methodology.--The cost-of-living \n                        index determined under clause (i) for any \n                        statistical area for any calendar year shall be \n                        based on average market prices for the area for \n                        the 12-month period ending on August 31 of such \n                        calendar year. The market prices taken into \n                        account under the preceding sentence shall be \n                        selected and used under the same methodology as \n                        is used by the Secretary of Labor in developing \n                        the Consumer Price Index for All Urban \n                        Consumers.\n                    ``(E) Statistical area.--For purposes of this \n                subsection the term `statistical area' means\n                            ``(i) any metropolitan statistical area as \n                        defined by the Secretary of Commerce, and\n                            ``(ii) the portion of any State not within \n                        a metropolitan statistical area as so defined.\n            ``(10) Areas outside the united states.--The area \n        applicable multiplier for any area outside the United States \n        shall be 1.''\n    (b) Effective Date.--\n            (1) In general.--The amendment made by this section shall \n        apply to taxable years beginning after December 31, 1993.\n            (2) Transition rule.--Notwithstanding section 1(f)(9)(A) of \n        the Internal Revenue Code (as added by this section), the date \n        for prescribing applicable multipliers for taxable years \n        beginning in calendar year 1994 shall be the date 1 year after \n        the date of the enactment of this Act.","title":""}
+{"_id":"c406","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Tax Reduction and Economic Growth \nAct of 1995''.\n\nSEC. 2. TAX REDUCTION IN THE EVENT OF LOW GROWTH.\n\n    (a) Low-Growth Report.--\n            (1) In general.--At any time, the Director of the Office of \n        Management and Budget (hereafter in this section referred to as \n        the ``Director'') shall notify the President and the Congress \n        if the Director has determined that for any of the periods \n        described in paragraph (2)--\n                    (A) economic growth as measured by the change in \n                real Gross Domestic Product (GDP) at an annual rate is \n                estimated to be less than 1.5 percent, and\n                    (B) the rate of national unemployment (seasonally \n                adjusted) is estimated to be greater than 6.5 percent.\n            (2) Testing periods.--For purposes of paragraph (1), the \n        periods described in this paragraph are--\n                    (A) the period consisting of the quarter during \n                which the notification is given and the quarter \n                preceding such notification,\n                    (B) the period consisting of the preceding 4 \n                quarters, and\n                    (C) the period consisting of the 2 quarters \n                following such notification.\n    (b) Presidential Authorization of Temporary Tax Reductions.--\n            (1) Presidential declaration.--After notification under \n        subsection (a), the President may issue a declaration that \n        temporary income tax reductions are required for a specified \n        calendar year to provide a quick and necessary fiscal stimulus \n        to the economy. Any such declaration shall be transmitted to \n        the Congress.\n            (2) Temporary tax modifications.--If the President \n        transmits a declaration under paragraph (1) to the Congress--\n                    (A) Temporary tax reductions.--\n                            (i) In general.--Effective for taxable \n                        years beginning in the calendar year specified \n                        in such declaration--\n                                    (I) the rates applicable to the \n                                first income bracket in the tax tables \n                                contained in section 1 of the Internal \n                                Revenue Code of 1986 shall be reduced \n                                by a percentage (not to exceed 3 \n                                percent) specified in such declaration, \n                                and\n                                    (II) the amounts set fourth as tax \n                                in such tables shall be adjusted to \n                                reflect such rate reduction.\n                            (ii) Withholding adjustments.--The \n                        withholding tables or procedures prescribed by \n                        the Secretary of the Treasury or his delegate \n                        under section 3402(a) of such\n                         Code shall be modified so that, to the maximum \nextent possible, the full calendar year effect of such reduction is \nreflected through withholding reductions during the portion of the \ncalendar year after such declaration.\n                    (B) Temporary surtax where economic growth \n                requirements subsequently satisfied.--\n                            (i) In general.--Effective for taxable \n                        years beginning in the first subsequent \n                        calendar year for which the economic growth \n                        requirements of paragraph (3) are satisfied--\n                                    (I) each rate of tax in the tax \n                                tables contained in section 1 of the \n                                Internal Revenue Code of 1986 shall be \n                                increased by the percentage determined \n                                under paragraph (4) for such year, \n                                except the tax rate for individuals \n                                with Adjusted Gross Income of less than \n                                $50,000 and taxpayers filing jointly \n                                with Adjusted Gross Income of less than \n                                $75,000 shall not exceed the rates \n                                established in the year prior to the \n                                temporary tax reduction, and\n                                    (II) the amounts set forth as tax \n                                in such tables shall be adjusted to \n                                reflect such rate increases.\n                            (ii) Withholding adjustments.--Effective \n                        for such subsequent calendar year, the \n                        withholding tables or procedures prescribed by \n                        the Secretary of the Treasury or his delegate \n                        under section 3402(a) of such Code shall be \n                        modified to reflect the increase in tax rates \n                        under clause (i).\n            (3) Economic growth requirements.--The economic growth \n        requirements of this paragraph are satisfied for any calendar \n        year if, before the beginning of such calendar year, the \n        President determines (and publishes such determination in the \n        Federal Register) that for such calendar year and the \n        immediately preceding calendar year--\n                    (A) economic growth as measured by the change in \n                the real Gross Domestic Product (GDP) is estimated to \n                be greater than 4.5 percent, and\n                    (B) the rate of national unemployment (seasonally \n                adjusted) is estimated to be less than 5.5 percent.\n            (4) Rate increase percentage.--The percentage determined \n        under this paragraph is the percentage increase in the tax \n        rates contained in section 1 of the Internal Revenue Code of \n        1986 which the President estimates will result in an aggregate \n        increase in receipts under chapter 1 of such Code equal to the \n        aggregate decrease in receipts under such Code by reason of \n        subparagraph (A) of paragraph (2) without increasing the tax \n        rate for individuals with Adjusted Gross Income of less than \n        $50,000 and taxpayers filing jointly with Adjusted Gross Income \n        of less than $75,000 above the rates established in the year \n        prior to the temporary tax reduction. Such percentage shall be \n        published in the Federal Register before the beginning of the \n        calendar year for which the economic requirements of paragraph \n        (2) are satisfied.\n\nSEC. 3. TREATMENT UNDER PAY-AS-YOU-GO PROCEDURES.\n\n    Any reduction or increase in receipts resulting from section 2 of \nthis Act shall not be considered for any purpose under the Balanced \nBudget and Emergency Deficit Control Act of 1985.","title":""}
+{"_id":"c407","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Teachers For Tomorrow Act of 2001''.\n\nSEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS.\n\n    (a) Guaranteed Student Loans.--Part B of title IV of the Higher \nEducation Act of 1965 is amended by--\n            (1) redesignating section 428K (20 U.S.C. 1078-11) as \n        section 428L; and\n            (2) by inserting after section 428J the following new \n        section:\n\n``SEC. 428K. EXPANDED LOAN FORGIVENESS FOR TEACHERS.\n\n    ``(a) Purpose.--It is the purpose of this section to expand, \nsubject to the availability of appropriations therefor, the eligibility \nof individuals to qualify for loan forgiveness for teachers beyond that \navailable under section 428J, in order to provide additional incentives \nfor such individuals to enter and continue in the teaching profession.\n    ``(b) Program Authorized.--\n            ``(1) In general.--From the sums appropriated pursuant to \n        subsection (i), the Secretary shall carry out a program, \n        through the holder of the loan, of assuming the obligation to \n        repay a qualified loan amount for a loan made under section 428 \n        or 428H, in accordance with subsection (c), for any new \n        borrower on or after October 1, 1998, who is not eligible for \n        loan forgiveness under section 428J, but who--\n                    ``(A) is employed as a full-time teacher--\n                            ``(i) in a public elementary or secondary \n                        school;\n                            ``(ii) if employed as a secondary school \n                        teacher, is teaching a subject area that is \n                        relevant to the borrower's academic major as \n                        certified by the chief administrative officer \n                        of the public secondary school in which the \n                        borrower is employed; and\n                            ``(iii) if employed as an elementary school \n                        teacher, has demonstrated, as certified by the \n                        chief administrative officer of the public \n                        elementary school in which the borrower is \n                        employed, knowledge and teaching skills in \n                        reading, writing, mathematics, or other areas \n                        of the elementary school curriculum;\n                    ``(B) has a State certification (which may include \n                certification obtained through alternative means) or a \n                State license to teach, and has not failed to comply \n                with State or local accountability standards; and\n                    ``(C) is not in default on a loan for which the \n                borrower seeks forgiveness.\n            ``(2) Selection of recipients.--The Secretary shall by \n        regulations, establish a formula that ensures fairness and \n        equality for applicants in the selection of borrowers for loan \n        repayment under this section, based on the amount available \n        pursuant to subsection (i).\n    ``(c) Qualified Loans Amount.--\n            ``(1) In general.--The Secretary shall repay not more than \n        the percentage specified in paragraph (2) of the loan \n        obligation on a loan made under section 428 or 428H that is \n        outstanding after the completion of each complete school year \n        of teaching described in subsection (b)(1). No borrower may \n        receive a reduction of loan obligations under both this section \n        and section 460.\n            ``(2) Percentage eligible.--The percent of the loan \n        obligation which the Secretary shall repay under paragraph (1) \n        of this subsection is--\n                    ``(A) in the case of teaching in a school that \n                qualifies under section 465(a)(2)(A) for loan \n                cancellation for Perkins loan recipients who teach in \n                such schools, 25 percent for the first or second year \nof such service, and 50 percent for the third year of such service; or\n                    ``(B) in the case of any other public elementary or \n                secondary school, 15 percent for the first or second \n                year of such service, 20 percent for the third or \n                fourth year of such service, and 30 percent for the \n                fifth year of such service.\n            ``(3) Treatment of consolidation loans.--A loan amount for \n        a loan made under section 428C may be a qualified loan amount \n        for the purposes of this subsection only to the extent that \n        such loan amount was used to repay a Federal Direct Stafford \n        Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan \n        made under section 428 or 428H for a borrower who meets the \n        requirements of subsection (b), as determined in accordance \n        with regulations prescribed by the Secretary.\n            ``(4) Treatment of years of service for continuing \n        education loans.--For purposes of paragraph (2), the year of \n        service is determined on the basis of the academic year that \n        the borrower began the service as a full-time teacher, except \n        that in the case of a borrower who incurs a loan obligation for \n        continuing education expenses while teaching, the year of \n        service is determined on the basis of the academic year \n        following the academic year for which the loan obligation was \n        incurred.\n    ``(d) Regulations.--The Secretary is authorized to issue such \nregulations as may be necessary to carry out the provisions of this \nsection.\n    ``(e) Construction.--Nothing in this section shall be construed to \nauthorize any refunding of any repayment of a loan.\n    ``(f) List.--If the list of schools in which a teacher may perform \nservice pursuant to subsection (c)(2)(A) is not available before May 1 \nof any year, the Secretary may use the list for the year preceding the \nyear for which the determination is made to make such service \ndetermination.\n    ``(g) Additional Eligibility Provisions.--\n            ``(1) Continued eligibility.--Any teacher who performs \n        service in a school that--\n                    ``(A) meets the requirements of subsection \n                (b)(1)(A) in any year during such service; and\n                    ``(B) in a subsequent year fails to meet the \n                requirements of such subsection,\n        may continue to teach in such school and shall be eligible for \n        loan forgiveness pursuant to subsection (b).\n            ``(2) Prevention of double benefits.--No borrower may, for \n        the same service, receive a benefit under both this section and \n        subtitle D of title I of the National and Community Service Act \n        of 1990 (42 U.S.C. 12571 et seq.).\n    ``(h) Definition.--For purposes of this section, the term `year', \nwhere applied to service as a teacher, means an academic year as \ndefined by the Secretary.\n    ``(i) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal year 2002 and each of the 5 succeeding fiscal years.''.\n    (b) Direct Student Loans.--Part D of title IV of the Higher \nEducation Act of 1965 is amended by inserting after section 460 the \nfollowing new section:\n\n``SEC. 460A. EXPANDED LOAN FORGIVENESS FOR TEACHERS.\n\n    ``(a) Purpose.--It is the purpose of this section to expand, \nsubject to the availability of appropriations therefor, the eligibility \nof individuals to qualify for loan forgiveness for teachers beyond that \navailable under section 460, in order to provide additional incentives \nfor such individuals to enter and continue in the teaching profession.\n    ``(b) Program Authorized.--\n            ``(1) In general.--From the sums appropriated pursuant to \n        subsection (i), the Secretary shall carry out canceling the \n        obligation to repay a qualified loan amount in accordance with \n        subsection (c) for Federal Direct Stafford Loans and Federal \n        Direct Unsubsidized Stafford Loans made under this part for any \n        new borrower on or after October 1, 1998, who is not eligible \n        for loan forgiveness under section 460, but who--\n                    ``(A) is employed as a full-time teacher--\n                            ``(i) in a public elementary or secondary \n                        school;\n                            ``(ii) if employed as a secondary school \n                        teacher, is teaching a subject area that is \n                        relevant to the borrower's academic major as \n                        certified by the chief administrative officer \n                        of the public secondary school in which the \n                        borrower is employed; and\n                            ``(iii) if employed as an elementary school \n                        teacher, has demonstrated, as certified by the \n                        chief administrative officer of the public \n                        elementary school in which the borrower is \n                        employed, knowledge and teaching skills in \n                        reading, writing, mathematics, or other areas \n                        of the elementary school curriculum;\n                    ``(B) has a State certification (which may include \n                certification obtained through alternative means) or a \n                State license to teach, and has not failed to comply \n                with State or local accountability standards; and\n                    ``(C) is not in default on a loan for which the \n                borrower seeks forgiveness.\n            ``(2) Selection of recipients.--The Secretary shall by \n        regulations, establish a formula that ensures fairness and \n        equality for applicants in the selection of borrowers for loan \n        repayment under this section, based on the amount available \n        pursuant to subsection (i).\n    ``(c) Qualified Loans Amount.--\n            ``(1) In general.--The Secretary shall cancel not more than \n        the percentage specified in paragraph (2) of the loan \n        obligation on a loan made under this part that is outstanding \n        after the completion of each complete school year of teaching \n        described in subsection (b)(1). No borrower may receive a \n        reduction of loan obligations under both this section and \n        section 428J.\n            ``(2) Percentage eligible.--The percent of the loan \n        obligation which the Secretary shall cancel under paragraph (1) \n        of this subsection is--\n                    ``(A) in the case of teaching in a school that \n                qualifies under section 465(a)(2)(A) for loan \ncancellation for Perkins loan recipients who teach in such schools, 25 \npercent for the first or second year of such service, and 50 percent \nfor the third year of such service; or\n                    ``(B) in the case of any other public elementary or \n                secondary school, 15 percent for the first or second \n                year of such service, 20 percent for the third or \n                fourth year of such service, and 30 percent for the \n                fifth year of such service.\n            ``(3) Treatment of consolidation loans.--A loan amount for \n        a Federal Direct Consolidation Loan may be a qualified loan \n        amount for the purposes of this subsection only to the extent \n        that such loan amount was used to repay a Federal Direct \n        Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or \n        a loan made under section 428 or 428H for a borrower who meets \n        the requirements of subsection (b), as determined in accordance \n        with regulations prescribed by the Secretary.\n            ``(4) Treatment of years of service for continuing \n        education loans.--For purposes of paragraph (2), the year of \n        service is determined on the basis of the academic year that \n        the borrower began the service as a full-time teacher, except \n        that in the case of a borrower who incurs a loan obligation for \n        continuing education expenses while teaching, the year of \n        service is determined on the basis of the academic year \n        following the academic year for which the loan obligation was \n        incurred.\n    ``(d) Regulations.--The Secretary is authorized to issue such \nregulations as may be necessary to carry out the provisions of this \nsection.\n    ``(e) Construction.--Nothing in this section shall be construed to \nauthorize any refunding of any repayment of a loan.\n    ``(f) List.--If the list of schools in which a teacher may perform \nservice pursuant to subsection (c)(2)(A) is not available before May 1 \nof any year, the Secretary may use the list for the year preceding the \nyear for which the determination is made to make such service \ndetermination.\n    ``(g) Additional Eligibility Provisions.--\n            ``(1) Continued eligibility.--Any teacher who performs \n        service in a school that--\n                    ``(A) meets the requirements of subsection \n                (b)(1)(A) in any year during such service; and\n                    ``(B) in a subsequent year fails to meet the \n                requirements of such subsection,\n        may continue to teach in such school and shall be eligible for \n        loan forgiveness pursuant to subsection (b).\n            ``(2) Prevention of double benefits.--No borrower may, for \n        the same service, receive a benefit under both this section and \n        subtitle D of title I of the National and Community Service Act \n        of 1990 (42 U.S.C. 12571 et seq.).\n    ``(h) Definition.--For purposes of this section, the term `year', \nwhere applied to service as a teacher, means an academic year as \ndefined by the Secretary.\n    ``(i) Authorization of Appropriations.--There are authorized to be \nappropriated to carry out this section such sums as may be necessary \nfor fiscal year 2002 and each of the 5 succeeding fiscal years.''.\n\nSEC. 3. NO INCOME TAX BY REASON OF LOAN FORGIVENESS.\n\n    Subsection (f) of section 108 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new paragraph:\n            ``(4) Loan forgiveness for teachers.--In the case of an \n        individual, gross income does not include any amount which (but \n        for this paragraph) would be includible in gross income by \n        reason of the discharge (in whole or in part) of any loan if \n        such discharge was pursuant to section 428J, 428K, 460, or 460A \n        of the Higher Education Act of 1965 (20 U.S.C. 1078-10), as in \n        effect on the date of the enactment of this paragraph.''","title":""}
+{"_id":"c408","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Teaching Children to Save Lives Act \nof 2011''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Heart disease is the leading cause of death in the \n        United States.\n            (2) Sudden cardiac arrest is the leading cause of death in \n        young athletes.\n            (3) Sudden cardiac arrest kills an estimated 5,000 to 7,000 \n        children and young people per year--nearly 20 per day.\n            (4) The American Heart Association estimates that the lives \n        of 40,000 cardiac arrest victims could be saved each year \n        through initiating a course of action known as the chain of \n        survival.\n            (5) The chain of survival includes prompt notification of \n        emergency services and early cardiopulmonary resuscitation \n        (hereinafter referred to as ``CPR''), defibrillation, and \n        advanced cardiac life support.\n            (6) Only 36 States have a law or curriculum standard \n        encouraging CPR or automated external defibrillator \n        (hereinafter referred to as ``AED'') training in schools.\n            (7) A person experiencing sudden cardiac arrest has a 90 \n        percent chance of survival if CPR and an AED is used within the \n        first minute after collapse.\n            (8) Over 64 percent of young athletes and others have \n        survived sudden cardiac arrest that occurred in a high school \n        with an AED program.\n            (9) An important part of school children's education is \n        learning healthy behaviors, including proper nutrition and \n        physical activity. This health education should also include \n        basic emergency life-saving skills.\n            (10) Teaching school children to perform the life-saving \n        skill of CPR, identify and respond to choking victims, and \n        recognize the signs of stroke and heart attack can improve \n        their confidence in responding to an emergency and encourage \n        continued efforts to update these skills after graduation, \n        thereby potentially reducing the rate of death from sudden \n        cardiac arrest, choking, and stroke.\n\nSEC. 3. GRANTS FOR CPR TRAINING IN PUBLIC SCHOOLS.\n\n    (a) Grants Authorized.--The Secretary of Education shall carry out \na program under which the Secretary is authorized to award grants to \neligible local educational agencies or targeted schools for \nimplementing nationally recognized CPR and AED training courses.\n    (b) Use of Funds.--A local educational agency or targeted school \nunder this Act may use the grant for--\n            (1) training individuals in CPR and AED skills and \n        instruction;\n            (2) obtaining printed informational or instructional \n        materials;\n            (3) obtaining manikins;\n            (4) obtaining AED training devices; and\n            (5) obtaining other equipment as determined appropriate by \n        the Secretary.\n    (c) Grant Eligibility.--\n            (1) Application.--To be eligible to receive a grant under \n        this section, a local educational agency or targeted school \n        shall submit an application to the Secretary at such time, in \n        such manner, and containing such information and certifications \n        as the Secretary may reasonably require.\n            (2) AED training devices.--To be eligible to use the grant \n        to obtain an AED training device, a local agency or targeted \n        school shall demonstrate to the Secretary that such agency or \n        school has implemented or intends to implement an AED training \n        program in conjunction with a CPR training program as of the \n        date of the submission of the application for the grant.\n    (d) Priority of Award.--In awarding grants under this section, the \nSecretary shall award such grants based on 1 or more of following \npriorities:\n            (1) Demonstrated need for initiating a CPR or AED training \n        program in a targeted school or community served by targeted \n        schools.\n            (2) Demonstrated need for continued support of an existing \n        CPR or AED training programs in targeted schools or communities \n        served by targeted schools.\n            (3) Demonstrated need for expanding an existing CPR or AED \n        training program by adding training in the use of an AED.\n            (4) Opportunities to encourage and foster partnerships with \n        and among community organizations, including emergency medical \n        service providers, fire and police departments, nonprofit \n        organizations, public health organizations, and parent-teacher \n        associations to aid in providing CPR or AED training.\n            (5) Options to maximize the use of funds provided under \n        this section.\n    (e) Report Required.--Not later than 1 year after the date on which \nfunds are first appropriated to carry out the program, the Secretary \nshall submit a report to Congress describing--\n            (1) grant amounts and recipients;\n            (2) how the funds were used; and\n            (3) the impact of the funds on the development of CPR and \n        AED training programs in schools implementing the grants.\n    (f) Definitions.--In this section:\n            (1) Targeted school.--The term ``targeted school'' means a \n        public elementary school or secondary school that provides \n        education to students in any of grades 6 through 12.\n            (2) Local educational agency.--The term ``local educational \n        agency'' has the meaning given such term in section 9101 of the \n        Elementary and Secondary Education Act of 1965 (20 U.S.C. \n        7801).\n\nSEC. 4. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated to carry out this Act \n$25,000,000 for each of the fiscal years 2012 through 2017.","title":""}
+{"_id":"c409","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Technology Investment Incentive Act \nof 2003''.\n\nSEC. 2. EXPENSING OF SOFTWARE AND QUALIFIED TECHNOLOGICAL EQUIPMENT.\n\n    (a) In General.--Part VI of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 is amended by inserting after section \n179A the following new section:\n\n``SEC. 179B. EXPENSING OF SOFTWARE AND QUALIFIED TECHNOLOGICAL \n              EQUIPMENT.\n\n    ``(a) Treatment as Expenses.--A taxpayer may elect to treat the \ncost of any section 179B property as an expense which is not chargeable \nto capital account. Any cost so treated shall be allowed as a deduction \nfor the taxable year in which the section 179B property is placed in \nservice.\n    ``(b) Section 179B Property.--For purposes of this section--\n            ``(1) In general.--The term `section 179B property' means \n        property--\n                    ``(A)(i) which is qualified technological equipment \n                (as defined in section 168(i)(2)) to which section 168 \n                applies, or\n                    ``(ii) which is qualified computer software to \n                which section 167 applies,\n                    ``(B) which is section 1245 property (as defined in \n                section 1245(a)(3)),\n                    ``(C) which is acquired by purchase (as defined in \n                section 179(b)(2)) after the date of the enactment of \n                this section and before September 11, 2004, for use in \n                the active conduct of a trade or business, and\n                    ``(D) which is placed in service on or before \n                September 11, 2004.\n            ``(2) Qualified computer software.--The term `qualified \n        computer software' means computer software (as defined in \n        section 197(e)(3)(B)) which is described in section \n        197(e)(3)(A)(i).\n    ``(c) Property Used Outside the United States Not Qualified.--No \ndeduction shall be allowed under subsection (a) with respect to \nproperty which is used predominantly outside the United States or with \nrespect to the portion of the cost of any property taken into account \nunder section 179.\n    ``(d) Basis Reduction.--\n            ``(1) In general.--For purposes of this title, the basis of \n        any property shall be reduced by the amount of the deduction \n        with respect to such property which is allowed by subsection \n        (a).\n            ``(2) Ordinary income recapture.--For purposes of section \n        1245, the amount of the deduction allowable under subsection \n        (a) with respect to any property that is of a character subject \n        to the allowance for depreciation shall be treated as a \n        deduction allowed for depreciation under section 167.''.\n    (b) Conforming Amendments.--\n            (1) Section 263(a)(1) of such Code is amended by striking \n        ``or'' at the end of subparagraph (G), by striking the period \n        at the end of subparagraph (H) and inserting ``, or'', and by \n        inserting after subparagraph (H) the following new \n        subparagraph:\n                    ``(I) expenditures for which a deduction is allowed \n                under section 179B.''.\n            (2) Section 312(k)(3)(B) of such Code is amended by \n        striking ``or 179A'' each place it appears in the heading and \n        text and inserting ``, 179A, or 179B''.\n            (3) Section 1016(a) of such Code is amended by striking \n        ``and'' at the end of paragraph (29), by striking the period at \n        the end of paragraph (30) and inserting ``, and'', and by \n        inserting after paragraph (30) the following new paragraph:\n            ``(31) to the extent provided in section 179B(d)(1),''.\n            (4) Section 1245(a) of such Code is amended by inserting \n        ``179B,'' after ``179A,'' both places it appears in paragraphs \n        (2)(C) and (3)(C).\n            (5) The table of contents for subpart B of part IV of \n        subchapter A of chapter 1 of such Code is amended by inserting \n        after the item relating to section 179A the following new item:\n\n                              ``Sec. 179B. Expensing of software and \n                                        qualified technological \n                                        equipment.''.\n    (c) Effective Date.--The amendments made by this section shall \napply to taxable years ending after the date of the enactment of this \nAct.\n\nSEC. 3. 3-YEAR DEPRECIATION OF WIRELESS TELECOMMUNICATIONS EQUIPMENT, \n              ADVANCED SERVICES EQUIPMENT, NETWORK OR NETWORK SYSTEM \n              EQUIPMENT, AND RESEARCH EXPENSES FOR SOFTWARE \n              DEVELOPMENT.\n\n    (a) In General.--Subsection (e) of section 168 of the Internal \nRevenue Code of 1986 (relating to classification of property) is \namended by adding after paragraph (5) the following new paragraph:\n            ``(6) Certain property treated as 3-year property.--\n                    ``(A) In general.--The term `3-year property' \n                includes property--\n                            ``(i) described in subparagraph (B), (C), \n                        or (D),\n                            ``(ii) acquired by purchase (as defined in \n                        section 179(b)(2)) after the date of the \n                        enactment of this paragraph and on or before \n                        September 11, 2004, and\n                            ``(iii) placed in service on or before \n                        September 11, 2004.\n                    ``(B) Wireless telecommunications equipment.--\n                Property is described in this subparagraph if such \n                property is equipment used in the transmission, \n                reception, coordination, or switching of wireless \n                telecommunications service.\n                    ``(C) Advanced services equipment.--Property is \n                described in this subparagraph if such property is \n                equipment (excluding cabling) used in the provision of \n                Internet or electronic communications access services \n                or support, or which supports access to electronic \n                media and data and associated communications support, \n                provided that such services or support, constitute or \n                directly contribute to the provisions of advanced \n                telecommunications capability.\n                    ``(D) Network or network system equipment.--\n                Property is described in this subparagraph if such \n                property is information technology equipment, including \n                computer servers, hubs, bridges, switches and routers, \n                which are interconnected so as to enable computers and \n                peripherals to communicate with each other either \n                individually or as a single unit.\n                    ``(E) Treatment under alternative system.--Property \n                treated as 3-year property by this paragraph shall be \n                treated as having a class life of 3 years for purposes \n                of subsection (g).''\n    (b) Research Expenses for Software Development.--Subsection (b) of \nsection 174 of such Code is amended by adding at the end the following \nnew paragraph:\n            ``(3) Expenditures for software development.--Paragraph (1) \n        shall be applied by substituting `36 months' for `60 months' in \n        the case of expenditures for software development which are \n        made after the date of the enactment of this paragraph and \n        before September 11, 2004.''\n    (c) Effective Date.--The amendments made by this section shall \napply to taxable years ending after the date of the enactment of this \nAct.","title":""}
+{"_id":"c41","text":"SECTION 1. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO \n              QUALIFIED SMALL BUSINESS STOCK.\n\n    (a) Increased Exclusion.--\n            (1) In general.--Subsection (a) of section 1202 of the \n        Internal Revenue Code of 1986 (50-percent exclusion for gain \n        from certain small business stock) is amended--\n                    (A) by striking ``50 percent'' and inserting ``75 \n                percent'', and\n                    (B) by striking ``50-Percent'' in the heading and \n                inserting ``75-Percent''.\n            (2) Conforming amendments.--\n                    (A) Paragraph (8) of section 1(h) of such Code is \n                amended to read as follows:\n            ``(8) Section 1202 gain.--For purposes of this subsection, \n        the term `section 1202 gain' means an amount equal to 25 \n        percent of the gain which would be excluded from gross income \n        under section 1202(a) without regard to the 75 percent \n        limitation in such section.''\n                    (B) The heading for section 1202 of such Code is \n                amended by striking ``50-percent'' and inserting ``75-\n                percent''.\n                    (C) The table of sections for part I of subchapter \n                P of chapter 1 of such Code is amended by striking \n                ``50-percent'' in the item relating to section 1202 and \n                inserting ``75-percent''.\n    (b) Reduction in Holding Period.--\n            (1) In general.--Subsection (a) of section 1202 of such \n        Code is amended by striking ``5 years'' and inserting ``3 \n        years''.\n            (2) Conforming amendment.--Subsections (g)(2)(A) and \n        (j)(1)(A) of section 1202 of such Code are each amended by \n        striking ``5 years'' and inserting ``3 years''.\n    (c) Exclusion Available to Corporations.--\n            (1) In general.--Subsection (a) of section 1202 of such \n        Code is amended by striking ``other than a corporation''.\n            (2) Technical amendment.--Subsection (c) of section 1202 of \n        such Code is amended by adding at the end the following new \n        paragraph:\n            ``(4) Stock held among members of controlled group not \n        eligible.--Stock of a member of a parent-subsidiary controlled \n        group (as defined in subsection (d)(3)) shall not be treated as \n        qualified small business stock while held by another member of \n        such group.''\n    (d) Repeal of Minimum Tax Preference.--\n            (1) In general.--Subsection (a) of section 57 of such Code \n        (relating to items of tax preference) is amended by striking \n        paragraph (7).\n            (2) Technical amendment.--Subclause (II) of section \n        53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), \n        and (7)'' and inserting ``and (5)''.\n    (e) Stock of Larger Businesses Eligible for Exclusion.--\n            (1) In general.--Paragraph (1) of section 1202(d) of such \n        Code (defining qualified small business) is amended by striking \n        ``$50,000,000'' each place it appears and inserting \n        ``$300,000,000''.\n            (2) Inflation adjustment.--Section 1202(d) of such Code is \n        amended by adding at the end the following:\n            ``(4) Inflation adjustment of asset limitation.--In the \n        case of stock issued in any calendar year after 1999, the \n        $300,000,000 amount contained in paragraph (1) shall be \n        increased by an amount equal to--\n                    ``(A) such dollar amount, multiplied by\n                    ``(B) the cost-of-living adjustment determined \n                under section 1(f)(3) for the calendar year in which \n                the taxable year begins, determined by substituting \n                `calendar year 1998' for `calendar year 1992' in \n                subparagraph (B) thereof.\n        If any amount as adjusted under the preceding sentence is not a \n        multiple of $10,000, such amount shall be rounded to the \n        nearest multiple of $10,000.''\n    (f) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is \namended by striking subsection (b).\n    (g) Other Modifications.--\n            (1) Repeal of working capital limitation.--Section \n        1202(e)(6) of such Code (relating to working capital) is \n        amended--\n                    (A) in subparagraph (B), by striking ``2 years'' \n                and inserting ``5 years''; and\n                    (B) by striking the last sentence.\n            (2) Exception from redemption rules where business \n        purpose.--Section 1202(c)(3) of such Code (relating to certain \n        purchases by corporation of its own stock) is amended by adding \n        at the end the following:\n                    ``(D) Waiver where business purpose.--A purchase of \n                stock by the issuing corporation shall be disregarded \n                for purposes of subparagraph (B) if the issuing \n                corporation establishes that there was a business \n                purpose for such purchase and one of the principal \n                purposes of the purchase was not to avoid the \n                limitations of this section.''\n    (h) Qualified Trade or Business.--Section 1202(e)(3) of such Code \n(defining qualified trade or business) is amended by inserting ``and'' \nat the end of subparagraph (C), by striking ``, and'' at the end of \nsubparagraph (D) and inserting a period, and by striking subparagraph \n(E).\n    (i) Effective Dates.--\n            (1) In general.--Except as provided in paragraph (2), the \n        amendments made by this section apply to stock issued after the \n        date of enactment of this Act.\n            (2) Special rule.--The amendments made by subsections (a), \n        (c), (e), (f), and (g)(1) apply to stock issued after August \n        10, 1993.\n\nSEC. 2. INCREASED EXCLUSION FOR INCENTIVE STOCK OPTIONS; EXCEPTION FROM \n              ALTERNATIVE MINIMUM TAX.\n\n    (a) Increased Exclusion.--Subsection (d) of section 422 of the \nInternal Revenue Code of 1986 (relating to $100,000 per year \nlimitation) is amended by striking ``$100,000'' each place it appears \nand inserting ``$200,000''.\n    (b) Exception From Alternative Minimum Tax.--Subsection (b) of \nsection 56 of such Code is amended by striking paragraph (3).\n    (c) Effective Date.--The amendments made by this section shall \napply to options exercised in calendar years beginning after the date \nof the enactment of this Act.","title":""}
+{"_id":"c410","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Telemarketer Identification Act of \n2001''.\n\nSEC. 2. PROHIBITION ON INTERFERENCE WITH CALLER IDENTIFICATION \n              SERVICES.\n\n    (a) In General.--Section 227 of the Communications Act of 1934 (47 \nU.S.C. 227) is amended--\n            (1) by redesignating subsections (e) and (f) as subsections \n        (f) and (g), respectively; and\n            (2) by inserting after subsection (d) the following new \n        subsection (e):\n    ``(e) Prohibition on Interference With Caller Identification \nServices.--\n            ``(1) In general.--It shall be unlawful for any person or \n        entity within the United States, in making any commercial \n        telephone solicitation, to interfere with or circumvent the \n        ability of a caller identification service to access or provide \n        to the recipient of the call the information about the call (as \n        required under the regulations issued under paragraph (2)) that \n        such service is capable of providing.\n            ``(2) Regulations.--Not later than 18 months after the date \n        of the enactment of the Telemarketer Identification Act of \n        2001, the Commission shall prescribe regulations to implement \n        this subsection. The regulations shall--\n                    ``(A) require any person or entity making a \n                commercial telephone solicitation to make such \n                solicitation in a manner such that a recipient of such \n                solicitation having a caller identification service \n                capable of providing such information will be provided \n                by such service with--\n                            ``(i) the name of the person or entity on \n                        whose behalf such solicitation is being made, \n                        or the name of the person or entity making the \n                        solicitation; and\n                            ``(ii) a valid and working telephone number \n                        at which the person or entity making such \n                        solicitation or the person or entity on whose \n                        behalf such solicitation was made may be \n                        reached during regular business hours for the \n                        purpose of requesting that the recipient of \n                        such solicitation be placed on the do-not-call \n                        list required under section 64.1200 of the \n                        Commission's regulations (47 C.F.R. 64.1200) to \n                        be maintained by the person making such \n                        solicitation; and\n                    ``(B) provide that any person or entity who \n                receives a request from a person to be placed on such \n                do-not-call list may not use such person's name and \n                telephone number for any other telemarketing purpose \n                (including transfer or sale to any other entity for \n                telemarketing use) other than enforcement of such list.\n            ``(3) Private right of action.--A person or entity may, if \n        otherwise permitted by the laws or rules of court of a State, \n        bring in an appropriate court of that State--\n                    ``(A) an action based on a violation of this \n                subsection or the regulations prescribed under this \n                subsection to enjoin such violation;\n                    ``(B) an action to recover for actual monetary loss \n                from such a violation, or to receive $500 in damages \n                for each such violation, whichever is greater; or\n                    ``(C) both such actions.\n        If the court finds that the defendant willfully or knowingly \n        violated this subsection or the regulations prescribed under \n        this subsection, the court may, in its discretion, increase the \n        amount of the award to an amount equal to not more than 3 times \n        the amount available under subparagraph (B).\n            ``(4) Definitions.--In this subsection:\n                    ``(A) Caller identification service.--The term \n                `caller identification service' means any service or \n                device designed to provide the user of the service or \n                device with the telephone number of an incoming \n                telephone call.\n                    ``(B) Telephone call.--The term `telephone call' \n                means any telephone call or other transmission which is \n                made to or received at a telephone number of any type \nof telephone service. Such term includes calls made by an automatic \ntelephone dialing system, an integrated services digital network, and a \ncommercial mobile radio source.''.\n    (b) Delayed Effective Date.--\n            (1) In general.--The regulations prescribed by the Federal \n        Communications Commission under subsection (e) of section 227 \n        of the Communications Act of 1934, as added by subsection (a), \n        shall take effect on the date that is two years after the date \n        of the enactment of this Act.\n            (2) Additional delay for good cause shown.--The Commission \n        may grant a wavier from compliance with the regulations \n        referred to in paragraph (1) for a period of not more than 24 \n        months upon application (made at such time, in such form, and \n        containing such information as the Commission may require), and \n        after notice to the public and an opportunity for comment, to \n        any person who demonstrates to the satisfaction of the \n        Commission that--\n                    (A) it will comply with the regulations before the \n                expiration of the period of time for which the waiver \n                is requested;\n                    (B) without the requested waiver, timely compliance \n                with the regulations would be technically infeasible \n                because of technical problems associated with the \n                telecommunications equipment used by the applicant; and\n                    (C) replacement or upgrading of the \n                telecommunications equipment used by the applicant in \n                order to comply with the regulations in a timely manner \n                without the waiver--\n                            (i) would impose an unduly onerous \n                        financial burden on the applicant;\n                            (ii) is not feasible because the equipment, \n                        software, or technical assistance necessary for \n                        the replacement or upgrade is not available; or\n                            (iii) cannot be completed before the \n                        effective date of the regulations.\n\nSEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS.\n\n    (a) Effect on State Law.--Subsection (f)(1) of section 227 of the \nCommunications Act of 1934 (47 U.S.C. 227), as redesignated by section \n2 of this Act, is further amended--\n            (1) in subparagraph (C), by striking ``or'' at the end;\n            (2) in subparagraph (D), by striking the period and \n        inserting ``; or''; and\n            (3) by adding at the end the following new subparagraph:\n                    ``(E) interfering with or circumventing caller \n                identification services.''.\n    (b) Actions by States.--The first sentence of subsection (g)(1) of \nsuch section 227, as so redesignated, is further amended by inserting \nafter ``this section,'' the following: ``or has engaged or is engaging \nin a pattern or practice of interfering with or circumventing caller \nidentification services of residents of that State in violation of \nsubsection (e) or the regulations prescribed under such subsection,''.","title":""}
+{"_id":"c411","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Telework Tax Incentive Act''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds as follows:\n            (1) Federal, State, and local governments spend billions of \n        dollars annually on the Nation's transportation needs.\n            (2) Congestion on the Nation's roads costs over \n        $74,000,000,000 annually in lost work time, fuel consumption, \n        and costs of infrastructure and equipment repair.\n            (3) On average on-road-vehicles contribute 30 percent of \n        nitrogen oxides emissions.\n            (4) It is estimated that staying at home to work requires 3 \n        times less energy consumption than commuting to work.\n            (5) It was recently reported that if an identified 10 to 20 \n        percent of commuters switched to teleworking, 1,800,000 tons of \n        regulated pollutants would be eliminated, 3,500,000,000 gallons \n        of gas would be saved, 3,100,000,000 hours of personal time \n        would be freed up, and maintenance and infrastructure costs \n        would decrease by $500,000,000 annually because of reduced \n        congestion and reduced vehicle miles traveled.\n            (6) The average American daily commute is 62 minutes for a \n        44-mile round-trip (a total of 6 days per year and 5,808 miles \n        per year).\n            (7) The increase in work from 1969 to 1996, the increase in \n        hours mothers spend in paid work, combined with a shift toward \n        single-parent families resulted in families on average \n        experiencing a decrease of 22 hours a week (14 percent) in \n        parental time available outside of paid work they could spend \n        with their children.\n            (8) Companies with teleworking programs have found that \n        teleworking can boost employee productivity 5 percent to 20 \n        percent.\n            (9) Today 60 percent of the workforce is involved in \n        information work (an increase of 43 percent since 1990) \n        allowing and encouraging decentralization of paid work to \n        occur.\n            (10) In recent years, studies performed in the United \n        States have shown a marked expansion of teleworking, with an \n        estimate of 19,000,000 Americans teleworking by the year 2002, \n        5 times the amount in 1990.\n\nSEC. 3. CREDIT FOR TELEWORKING.\n\n    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 (relating to foreign tax credit, \netc.) is amended by adding at the end the following new section:\n\n``SEC. 30B. TELEWORKING CREDIT.\n\n    ``(a) Allowance of Credit.--In the case of an eligible taxpayer, \nthere shall be allowed as a credit against the tax imposed by this \nchapter for the taxable year an amount equal to the qualified \nteleworking expenses paid or incurred by the taxpayer during such year.\n    ``(b) Maximum Credit.--\n            ``(1) Per teleworker limitation.--The credit allowed by \n        subsection (a) for a taxable year with respect to qualified \n        teleworking expenses paid or incurred by or on behalf of an \n        individual teleworker shall not exceed $500.\n            ``(2) Reduction for teleworking less than full year.--In \n        the case of an individual who is in a teleworking arrangement \n        for less than a full taxable year, the amount referred to \n        paragraph (1) shall be reduced by an amount which bears the \n        same ratio to $500 as the number of months in which such \n        individual is not in a teleworking arrangement bears to 12. For \n        purposes of the preceding sentence, an individual shall be \n        treated as being in a teleworking arrangement for a month if \n        the individual is subject to such arrangement for any day of \n        such month.\n    ``(c) Definitions.--For purposes of this section--\n            ``(1) Eligible taxpayer.--The term `eligible taxpayer' \n        means--\n                    ``(A) in the case of an individual, an individual \n                who performs services for an employer under a \n                teleworking arrangement, and\n                    ``(B) in the case of an employer, an employer for \n                whom employees perform services under a teleworking \n                arrangement.\n            ``(2) Teleworking arrangement.--The term `teleworking \n        arrangement' means an arrangement under which an employee \n        teleworks for an employer not less than 75 days per year.\n            ``(3) Qualified teleworking expenses.--The term `qualified \n        teleworking expenses' means expenses paid or incurred under a \n        teleworking arrangement for furnishings and electronic \n        information equipment which are used to enable an individual to \n        telework.\n            ``(4) Telework.--The term `telework' means to perform work \n        functions, using electronic information and communication \n        technologies, thereby reducing or eliminating the physical \n        commute to and from the traditional worksite.\n    ``(d) Limitation Based on Amount of Tax.--\n            ``(1) Liability for tax.--The credit allowable under \n        subsection (a) for any taxable year shall not exceed the excess \n        (if any) of--\n                    ``(A) the regular tax for the taxable year, reduced \n                by the sum of the credits allowable under subpart A and \n                the preceding sections of this subpart, over\n                    ``(B) the tentative minimum tax for the taxable \n                year.\n            ``(2) Carryforward of unused credit.--If the amount of the \n        credit allowable under subsection (a) for any taxable year \n        exceeds the limitation under paragraph (1) for the taxable \n        year, the excess shall be carried to the succeeding taxable \n        year and added to the amount allowable as a credit under \n        subsection (a) for such succeeding taxable year.\n    ``(e) Special Rules.--\n            ``(1) Basis reduction.--The basis of any property for which \n        a credit is allowable under subsection (a) shall be reduced by \n        the amount of such credit (determined without regard to \n        subsection (d)).\n            ``(2) Recapture.--The Secretary shall, by regulations, \n        provide for recapturing the benefit of any credit allowable \n        under subsection (a) with respect to any property which ceases \n        to be property eligible for such credit.\n            ``(3) Property used outside united states, etc., not \n        qualified.--No credit shall be allowed under subsection (a) \n        with respect to any property referred to in section 50(b) or \n        with respect to the portion of the cost of any property taken \n        into account under section 179.\n            ``(4) Election to not take credit.--No credit shall be \n        allowed under subsection (a) for any expense if the taxpayer \n        elects to not have this section apply with respect to such \n        expense.\n            ``(5) Denial of double benefit.--No deduction or credit \n        (other than under this section) shall be allowed under this \n        chapter with respect to any expense which is taken into account \n        in determining the credit under this section.''.\n    (b) Technical Amendment.--Subsection (a) of section 1016 of the \nInternal Revenue Code of 1986 is amended by striking ``and'' at the end \nof paragraph (26), by striking the period at the end of paragraph (27) \nand inserting ``; and'', and by adding at the end the following new \nparagraph:\n            ``(28) to the extent provided in section 30B(e), in the \n        case of amounts with respect to which a credit has been allowed \n        under section 30B.''.\n    (c) Clerical Amendment.--The table of sections for subpart B of \npart IV of subchapter A of chapter 1 of the Internal Revenue Code of \n1986 is amended by adding at the end the following new item:\n\n                              ``Sec. 30B. Teleworking credit.''.\n    (d) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred after the date of the enactment of \nthis Act, in taxable years ending after such date.","title":""}
+{"_id":"c412","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Territorial Economic Growth and \nRecovery Act of 2016''.\n\nSEC. 2. REPEAL OF LIMITATION ON COVER OVER OF DISTILLED SPIRITS TAXES.\n\n    (a) In General.--Section 7652(f) of the Internal Revenue Code of \n1986 is repealed.\n    (b) Effective Date.--The amendment made by this section shall apply \nto distilled spirits brought into the United States after December 31, \n2015.\n\nSEC. 3. PAYMENTS TO UNITED STATES TERRITORIES AND POSSESSIONS.\n\n    (a) Earned Income Credit.--Section 32 of the Internal Revenue Code \nof 1986 is amended by adding at the end the following:\n    ``(n) Treatment of Possessions.--\n            ``(1) Payments to possessions.--\n                    ``(A) Mirror code possession.--The Secretary of the \n                Treasury shall periodically (but not less frequently \n                than annually) pay to each possession of the United \n                States with a mirror code tax system amounts equal to \n                the loss to that possession by reason of the \n                application of this section (determined without regard \n                to paragraph (2)) with respect to taxable years \n                beginning after December 31, 2015. Such amounts shall \n                be determined by the Secretary of the Treasury based on \n                information provided by the government of the \n                respective possession.\n                    ``(B) Other possessions.--The Secretary of the \n                Treasury shall periodically (but no less frequently \n                than annually) pay to each possession of the United \n                States which does not have a mirror code tax system \n                amounts estimated by the Secretary of the Treasury as \n                being equal to the aggregate benefits that would have \n                been provided to residents of such possession by reason \n                of the application of this section for taxable years \n                beginning after December 31, 2015, if a mirror code tax \n                system had been in effect in such possession. The \n                preceding sentence shall not apply with respect to any \n                possession of the United States unless such possession \n                has a plan, which has been approved by the Secretary of \n                the Treasury, under which such possession will promptly \n                distribute such payments to the residents of such \n                possession.\n            ``(2) Coordination with credit allowed against united \n        states income taxes.--No credit shall be allowed under this \n        section for any taxable year to any person--\n                    ``(A) to whom a credit is allowed against taxes \n                imposed by the possession by reason of this section \n                (determined without regard to this paragraph) for such \n                taxable year, or\n                    ``(B) who is eligible for a payment under a plan \n                described in paragraph (1)(B) with respect to such \n                taxable year.\n            ``(3) Definitions and special rules.--\n                    ``(A) Possession of the united states.--For \n                purposes of this subsection, the term `possession of \n                the United States' includes the Commonwealth of Puerto \n                Rico and the Commonwealth of the Northern Mariana \n                Islands.\n                    ``(B) Mirror code tax system.--For purposes of this \n                subsection, the term `mirror code tax system' means, \n                with respect to any possession of the United States, \n                the income tax system of such possession if the income \n                tax liability of the residents of such possession under \n                such system is determined by reference to the income \n                tax laws of the United States as if such possession \n                were the United States, and such system includes a tax \n                credit substantially identical to the credit allowed \n                under this section.\n                    ``(C) Treatment of payments.--For purposes of \n                section 1324(b)(2) of title 31, United States Code, or \n                any similar rule of law, any payment made under this \n                subsection shall be treated in the same manner as a \n                refund due from the credit allowed under this \n                section.''.\n    (b) Child Tax Credit.--Section 24 of such Code is amended by adding \nat the end the following:\n    ``(h) Payments to Virgin Islands and Guam for Lost Revenue.--The \nSecretary shall make annual payments to the Virgin Islands and to Guam \nin amounts equal to the aggregate loss to the Virgin Islands or Guam, \nas the case may be, by reason of the application of this section with \nrespect to taxable years beginning after 2015. Such amounts shall be \ndetermined by the Secretary based on information provided by the Virgin \nIslands and Guam. For purposes of section 1324(b)(2) of title 31, \nUnited States Code, the payments under this subsection shall be treated \nin the same manner as a refund due from the credit allowed under this \nsection.''.\n    (c) Effective Date.--The amendments made by this section shall \napply with respect to taxable years beginning after December 31, 2015.\n\nSEC. 4. STUDY AND REPORT REGARDING VIRGIN ISLANDS PUBLIC PENSION PLANS.\n\n    Not later than 6 months after the date of the enactment of this \nAct, the Joint Board for the Enrollment of Actuaries established under \nsection 3041 of the Employee Retirement Income Security Act of 1974 (29 \nU.S.C. 1241) shall report to the Office of Domestic Finance of the \nDepartment of the Treasury on recommendations on actions that would be \nnecessary to ensure that the public pension plans of the Virgin Islands \ncan be sustainably maintained and funded by the government of the \nVirgin Islands for the next 20 years.","title":""}
+{"_id":"c413","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Theodore Roosevelt Wildlife Legacy \nAct of 1997''.\n\nSEC. 2. MISSION AND PURPOSES OF THE SYSTEM.\n\n    (a) Mission.--The overall mission of the National Wildlife Refuge \nSystem (in this Act referred to as the ``System'') is to preserve a \nnetwork of lands and waters for the conservation and management of \nfish, wildlife, and plants of the United States for the benefit of \npresent and future generations.\n    (b) Purposes.--The purposes of the System are--\n            (1) to conserve, manage, and where appropriate, restore \n        fish and wildlife habitats so as to provide, in perpetuity, for \n        the diversity of fish, wildlife, and plants and the ecological \n        processes that sustain them;\n            (2) to provide a diverse national network of lands and \n        waters designed to conserve and manage, in perpetuity, fish, \n        wildlife, and plants of the United States, and their habitats;\n            (3) to conserve and manage migratory birds, endangered \n        species, anadromous or interjurisdictional fish species, marine \n        mammals, and other fish, wildlife, and plants; and\n            (4) to fulfill international treaty obligations of the \n        United States with respect to fish, wildlife, and plants, and \n        their habitats.\n\nSEC. 3. PRIORITY USES.\n\n    The priority public uses of the System are wildlife observation and \nphotography, hunting, fishing, and environmental education and \ninterpretation.\n\nSEC. 4. ADMINISTRATION OF THE SYSTEM.\n\n    In administering the System, the Secretary of the Interior shall--\n            (1) ensure that the mission and purposes of the System \n        described in section 2 and the purposes of each refuge are \n        carried out, except that if a conflict exists between the \n        primary purpose of a National Wildlife Refuge and any purpose \n        of the System, the conflict shall be resolved in a manner that \n        first fulfills the primary purpose of the refuge, and, to the \n        extent practicable, also achieves the purposes of the System;\n            (2) ensure that opportunities for the uses described in \n        section 3 receive priority attention in planning and management \n        within the System, consistent with the mission and purposes of \n        the System described in sections 2(a) and (b);\n            (3) plan, propose, and direct expansion of the System--\n                    (A) to accomplish the mission and purposes of the \n                System and the purposes of each National Wildlife \n                Refuge; and\n                    (B) to contribute to the conservation of the \n                ecosystems of the United States; and\n            (4) inventory and monitor the status and trends of fish, \n        wildlife, and plants in each National Wildlife Refuge.\n\nSEC. 5. COMPATIBILITY STANDARDS AND PROCEDURES.\n\n    (a) General Rule.--Except as provided in subsection (b), effective \nbeginning on the date that is 3 years after the date of enactment of \nthis Act, the Secretary shall not initiate or permit a new use of a \nNational Wildlife Refuge or expand, renew, or extend an existing \nallowed use unless the Secretary determines that the use is compatible \nwith the primary purposes of the refuge and the mission and purposes of \nthe System specified in section 2 of this Act. Such determinations \nshall--\n            (1) be made in writing, be based on the best available \n        scientific information, and represent the best professional \n        judgment of the refuge officer involved;\n            (2) be made after an opportunity has been provided for the \n        public to review and comment on the evaluations;\n            (3) where appropriate, be made concurrently with the \n        development of a conservation plan for the refuge under section \n        6; and\n            (4) be reevaluated when conditions under which the use is \n        permitted change significantly or when there is significant new \n        information regarding the effects of the use, but not less \n        frequently than every 10 years.\n    (b) Prior Identification for New Acquisitions.--On lands added to \nthe System after the date of enactment of this Act, the Secretary shall \nidentify, prior to acquisition, existing compatible priority public \nuses (as described in section 3) that shall be permitted to continue on \nan interim basis pending completion of comprehensive planning.\n\nSEC. 6. REFUGE CONSERVATION PLANNING PROGRAM.\n\n    (a) General Rule.--Except with respect to National Wildlife Refuge \nlands in Alaska (which shall be governed by the refuge planning \nprovision of the Alaska National Interest Lands Conservation Act (16 \nU.S.C. 3101 et seq.)), the Secretary shall--\n            (1) propose a comprehensive conservation plan for each \n        refuge or ecologically related complex of refuges consistent \n        with section 2 of this Act within 15 years after the date of \n        enactment of this Act and revise such plans not less frequently \n        than every 15 years thereafter;\n            (2) develop and implement a process to ensure an \n        opportunity for active public involvement in the preparation \n        and revision of conservation plans; and\n            (3) manage each refuge in a manner consistent with the \n        conservation plan for the refuge.\n    (b) New Refuges.--With respect to any refuge established after the \ndate of enactment of this Act, the Secretary shall prepare a \nconservation plan for the refuge not later than 2 years after the \nSecretary has determined that sufficient land has been acquired to \nwarrant comprehensive planning.","title":""}
+{"_id":"c414","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Tobacco Program Administrative \nReform Act of 1998''.\n\nSEC. 2. ASSESSMENT UPON TOBACCO PRODUCT MANUFACTURERS AND IMPORTERS TO \n              COVER DEPARTMENT OF AGRICULTURE COSTS ASSOCIATED WITH \n              TOBACCO PROGRAMS.\n\n    (a) Covered Department Costs.--Not later than September 30 of each \nfiscal year, the Secretary of Agriculture shall estimate the costs to \nbe incurred by the Department of Agriculture during the next fiscal \nyear--\n            (1) to administer the tobacco quota program under subtitle \n        B of title III of the Agricultural Adjustment Act of 1938 (7 \n        U.S.C. 1311 et seq.);\n            (2) to administer the tobacco price support program under \n        sections 106, 106A, and 106B of the Agricultural Act of 1949 (7 \n        U.S.C. 1445, 1445-1, 1445-2);\n            (3) to carrying out crop insurance programs for tobacco, \n        including the costs to be incurred by the Federal Crop \n        Insurance Corporation under section 508(e) of the Federal Crop \n        Insurance Act (7 U.S.C. 1508(e)) to pay the premium for \n        catastrophic risk protection for tobacco crops and the Federal \n        portion of the premium for various additional coverages \n        available for tobacco crops; and\n            (4) to extension services related to tobacco production and \n        marketing.\n    (b) Adjustment of Estimate.--If the estimate prepared for a fiscal \nyear under subsection (a) proves to be insufficient to cover the actual \ncosts described in such subsection that were incurred by the Department \nduring that fiscal year, the Secretary shall adjust the estimate for \nthe next fiscal year to recoup the additional costs incurred by \nDepartment and paid out of Department funds.\n    (c) Market Share and Assessment Determinations.--As soon as \npossible after preparing the estimate for a fiscal year under \nsubsection (a), the Secretary shall determine the market share of each \ntobacco product manufacturer and each tobacco product importer during \nthe most recent calendar year and the amount of the assessment payable \nby the tobacco product manufacturer or tobacco product importer for \nthat fiscal year.\n    (d) Individual Amount of Assessments.--The amount of an assessment \npayable by each tobacco product manufacturer and tobacco product \nimporter under this section for a fiscal year shall be equal to the \nproduct obtained by multiplying--\n            (1) the total amount of costs estimated by the Secretary \n        under subsection (a), as adjusted under subsection (b), for \n        that fiscal year; by\n            (2) the market share of the tobacco product manufacturer or \n        tobacco product importer during the most recent calendar year \n        determined under subsection (d).\n    (e) Collection, Deposit, and Availability of Assessments.--\n            (1) Collection.--At such time each fiscal year and in such \n        manner as the Secretary may prescribe, each tobacco product \n        manufacturer and tobacco product importer shall remit to the \n        Secretary a nonrefundable assessment in the amount determined \n        for that tobacco product manufacturer or tobacco product \n        importer for that year under subsection (d). The Secretary may \n        enforce the collection of assessments under this paragraph in \n        the courts of the United States.\n            (2) Tobacco assessment fund.--There is established in the \n        Treasury of the United States a fund to be known as the \n        ``Tobacco Assessment Fund'', which shall consist of all \n        assessments collected under paragraph (1).\n            (3) Authorized uses of fund.--Amounts in the Tobacco \n        Assessment Fund shall be available to the Secretary, without \n        further appropriation, to cover the Department costs described \n        in subsection (a).\n            (4) Refunds.--If the Secretary determines that amounts \n        collected under paragraph (1) for a fiscal year and deposited \n        in the Tobacco Assessment Fund exceed the amounts required to \n        cover anticipated Department costs under subsection (a) for \n        that fiscal year, plus a reasonable reserve, the Secretary \n        shall refund the excess amounts to tobacco product \n        manufacturers and tobacco product importers using the same \n        proportion for each tobacco product manufacturer and tobacco \n        product importer as used in the original assessment.\n    (f) Effect on Crop Insurance Premiums; Existing Assessments.--(1) \nAmounts made available to the Secretary under this section may not be \nused to change the crop insurance premiums assessed to tobacco \nproducers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) \nrelative to other crops.\n    (2) Nothing in this section shall be construed to alter the \nassessments imposed and collected--\n            (A) for deficit reduction purposes under section 106(g) of \n        the Agricultural Act of 1949 (7 U.S.C. 1445(g)); or\n            (B) to finance operations of No Net Cost Tobacco Funds \n        under section 106A of such Act (7 U.S.C. 1445-1) and No Net \n        Cost Tobacco Accounts under section 106B of such Act (7 U.S.C. \n        1445-2).\n    (g) Definitions.--For purposes of this section:\n            (1) Tobacco product importer.--The term ``tobacco product \n        importer'' has the meaning given the term ``importer'' in \n        section 5702 of the Internal Revenue Code of 1986 (26 U.S.C. \n        5702).\n            (2) Tobacco product manufacturer.--The term ``tobacco \n        product manufacturer'' has the meaning given the term \n        ``manufacturer of tobacco products'' in section 5702 of the \n        Internal Revenue Code of 1986 (26 U.S.C. 5702); except that the \n        term does not include a person that only manufactures cigars or \n        pipe tobacco.\n            (3) Market share.--The term ``market share'' means the \n        ratio of--\n                    (A) the tax liability of a tobacco product \n                manufacturer or tobacco product importer for a calendar \n                year under section 5703 of the Internal Revenue Code of \n                1986 (26 U.S.C. 5703); to\n                    (B) the tax liability of all tobacco product \n                manufacturers and tobacco product importers for that \n                calendar year under such section.\n            (4) Secretary.--The term ``Secretary'' means the Secretary \n        of Agriculture.\n            (5) Department.--The term ``Department'' means the \n        Department of Agriculture.","title":""}
+{"_id":"c415","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Trade Normalization With Cuba Act''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds that--\n            (1) with the end of the Cold War and the collapse of the \n        Soviet Union, Cuba is no longer a threat to the United States \n        or the Western Hemisphere;\n            (2) the continuation of the embargo on trade between the \n        United States and Cuba that was declared in February of 1962 is \n        counterproductive, adding to the hardships of the Cuban people \n        while making the United States the scapegoat for the failures \n        of the communist system;\n            (3) in the former Soviet Union, the Eastern bloc countries, \n        China, and Vietnam, the United States is using economic, \n        cultural, academic, and scientific engagement to support its \n        policy of promoting democratic and human rights reforms; and\n            (4) the United States can best support democratic change in \n        Cuba by promoting trade and commerce, travel, communications, \n        and cultural, academic, and scientific exchanges.\n\nSEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS \n              WITH CUBA.\n\n    (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the \nForeign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.\n    (b) Trading With the Enemy Act.--The authorities conferred upon the \nPresident by section 5(b) of the Trading With the Enemy Act, which were \nbeing exercised with respect to Cuba on July 1, 1977, as a result of a \nnational emergency declared by the President before that date, and are \nbeing exercised on the day before the effective date of this Act, may \nnot be exercised on or after such effective date with respect to Cuba. \nAny regulations in effect on the day before such effective date \npursuant to the exercise of such authorities, shall cease to be \neffective on such date.\n    (c) Exercise of Authorities Under Other Provisions of Law.--\n            (1) Removal of prohibitions.--Any prohibition on exports to \n        Cuba that is in effect on the day before the effective date of \n        this Act under the Export Administration Act of 1979 shall \n        cease to be effective on such effective date.\n            (2) Authority for new restrictions.--The President may, on \n        and after the effective date of this Act--\n                    (A) impose export controls with respect to Cuba \n                under section 5, 6(j), 6(l), or 6(m) of the Export \n                Administration Act of 1979, and\n                    (B) exercise the authorities he has under the \n                International Emergency Economic Powers Act with \n                respect to Cuba pursuant to a declaration of national \n                emergency required by that Act that is made on account \n                of an unusual and extraordinary threat, that did not \n                exist before the enactment of this Act, to the national \n                security, foreign policy, or economy of the United \n                States.\n    (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 \nU.S.C. 6001 and following) is repealed.\n    (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) \nAct of 1996.--\n            (1) Repeal.--The Cuban Liberty and Democratic Solidarity \n        (LIBERTAD) Act of 1996 is repealed.\n            (2) Conforming amendments.--(A) Section 498A of the Foreign \n        Assistance Act of 1961 (22 U.S.C. 2295a) is amended--\n                    (i) in subsection (a)(11) by striking ``and \n                intelligence facilities, including the military and \n                intelligence facilities at Lourdes and Cienfuegos,'' \n                and inserting ``facilities,'';\n                    (ii) in subsection (b)--\n                            (I) in paragraph (4) by adding ``and'' \n                        after the semicolon;\n                            (II) by striking paragraph (5); and\n                            (III) by redesignating paragraph (6) as \n                        paragraph (5); and\n                    (iii) by striking subsection (d).\n            (B) Section 498B(k) of the Foreign Assistance Act of 1961 \n        (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and \n        (4).\n            (C) Section 1611 of title 28, United States Code, is \n        amended by striking subsection (c).\n            (D) Sections 514 and 515 of the International Claims \n        Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are \n        repealed.\n    (f) Termination of Denial of Foreign Tax Credit With Respect to \nCuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue \nCode of 1986 (relating to denial of foreign tax credit, etc., with \nrespect to certain foreign countries) is amended by adding at the end \nthereof the following new flush sentence:\n                ``Notwithstanding the preceding sentence, this \n                subsection shall not apply to Cuba after the date which \n                is 60 days after the date of the enactment of this \n                sentence.''.\n    (g) Sugar Quota Prohibition Under Food Security Act of 1985.--\nSection 902(c) of the Food Security Act of 1985 is repealed.\n\nSEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.\n\n    Any common carrier within the meaning of section 3 of the \nCommunications Act of 1934 (47 U.S.C. 153) is authorized to install, \nmaintain, and repair telecommunications equipment and facilities in \nCuba, and otherwise provide telecommunications services between the \nUnited States and Cuba. The authority of this section includes the \nauthority to upgrade facilities and equipment.\n\nSEC. 5. TRAVEL.\n\n    (a) In General.--Travel to and from Cuba by individuals who are \ncitizens or residents of the United States, and any transactions \nordinarily incident to such travel, may not be regulated or prohibited \nif such travel would be lawful in the United States.\n    (b) Transactions Incident to Travel.--Any transactions ordinarily \nincident to travel which may not be regulated or prohibited under \nsubsection (a) include--\n            (1) transactions ordinarily incident to travel or \n        maintenance in Cuba; and\n            (2) normal banking transactions involving foreign currency \n        drafts, traveler's checks, or other negotiable instruments \n        incident to such travel.\n\nSEC. 6. DIRECT MAIL DELIVERY TO CUBA.\n\n    The United States Postal Service shall take such actions as are \nnecessary to provide direct mail service to and from Cuba, including, \nin the absence of common carrier service between the 2 countries, the \nuse of charter providers.\n\nSEC. 7. NEGOTIATIONS WITH CUBA.\n\n    (a) Negotiations.--The President should take all necessary steps to \nconduct negotiations with the Government of Cuba--\n            (1) for the purpose of settling claims of nationals of the \n        United States against the Government of Cuba for the taking of \n        property by such government; and\n            (2) for the purpose of securing the protection of \n        internationally recognized human rights.\n    (b) Definitions.--In this section, the terms ``national of the \nUnited States'' and ``property'' have the meanings given those terms in \nsection 502 of the International Claims Settlement Act of 1949 (22 \nU.S.C. 1643a).\n\nSEC. 8. EFFECTIVE DATE.\n\n    This Act shall take effect 60 days after the date of the enactment \nof this Act.","title":""}
+{"_id":"c416","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Transit Accessibility Innovation Act \nof 2014''.\n\nSEC. 2. TRANSIT ACCESSIBILITY INNOVATION PROGRAM.\n\n    (a) In General.--Chapter 53 of title 49, United States Code, is \namended by inserting after section 5307 the following:\n``Sec. 5308. Transit accessibility innovation program\n    ``(a) In General.--The Secretary shall carry out a transit \naccessibility innovation program in accordance with the requirements of \nthis section to encourage public transit systems to take actions to \naddress deficiencies in service for individuals with disabilities.\n    ``(b) Grants Authority.--\n            ``(1) In general.--In carrying out the program, the \n        Secretary shall distribute amounts made available to carry out \n        this section as competitive discretionary grants to public \n        transit agencies for eligible projects.\n            ``(2) Selection criteria.--The Secretary shall develop \n        criteria to ensure that projects receiving funding under the \n        program are innovative and replicable in other communities, and \n        will result in a substantive improvement in service for \n        individuals with disabilities.\n    ``(c) Applications.--\n            ``(1) In general.--In order to be eligible to receive a \n        grant under the program, a public transit agency shall submit \n        to the Secretary an application at such time, in such form, and \n        containing such information as the Secretary may require.\n            ``(2) Contents.--An application for a grant under the \n        program shall contain, at a minimum, a description of--\n                    ``(A) the project for which the applicant is \n                seeking funding;\n                    ``(B) the anticipated benefits the project will \n                deliver for the following long-term outcomes: community \n                integration, safety, accessibility, quality, \n                coordination, and customer service;\n                    ``(C) the expected contribution of the project to \n                the inclusion of individuals with disabilities in the \n                delivery of public transportation and ADA paratransit \n                service;\n                    ``(D) the ability of the project to facilitate \n                innovation in providing public transportation to \n                individuals with disabilities; and\n                    ``(E) the ability of the project to attract new \n                partnerships and non-Federal funding, including State, \n                local, private, and philanthropic funding.\n            ``(3) Community coordination requirements.--\n                    ``(A) Certification.--To ensure that projects \n                receiving funding under this section address the needs \n                of individuals with disabilities in a geographic area, \n                an application for a grant under the program shall \n                contain a certification that--\n                            ``(i) each project for which the applicant \n                        is seeking funding is included in a locally \n                        developed, coordinated public transit-human \n                        services transportation plan; and\n                            ``(ii) the plan was developed and approved \n                        through a process that included community \n                        participation, including by--\n                                    ``(I) seniors;\n                                    ``(II) individuals with \n                                disabilities;\n                                    ``(III) representatives of public, \n                                private, and nonprofit transportation \n                                and human service providers; and\n                                    ``(IV) other members of the public.\n                    ``(B) Use of existing plans.--A plan used to \n                coordinate the funding of projects under section 5310 \n                may be used to satisfy the requirements of subparagraph \n                (A).\n                    ``(C) Limitation.--The requirements of this \n                paragraph shall not apply to the transportation \n                promotion pilot program established under this section.\n    ``(d) Factors.--In providing grant funds for projects under the \nprogram, the Secretary shall consider, at a minimum, the ability of the \nproject to--\n            ``(1) enhance accessibility to rail and fixed route bus \n        service;\n            ``(2) promote paratransit coordination with other programs \n        and utilize other revenue streams;\n            ``(3) increase service quality to address customer \n        complaints;\n            ``(4) provide fixed route travel training for passengers \n        and specialized training for paratransit personnel;\n            ``(5) reduce turnover through increased wages and benefits, \n        and increase monitoring, in the provision of ADA paratransit;\n            ``(6) provide ADA complementary paratransit services in a \n        way that maximizes quality, reliability, safety, customer \n        satisfaction, and a stable workforce by determining what \n        factors within contracting might impact the quality of ADA \n        paratransit services;\n            ``(7) improve ADA paratransit on-time performance and \n        interoperability with other transportation services available \n        to people with disabilities, both public and private;\n            ``(8) delay or suspend proposed ADA paratransit service \n        cuts triggered by the elimination or cutting of fixed route bus \n        routes;\n            ``(9) delay or suspend cuts for paratransit services that \n        exceed ADA requirements, except that grant funds may not be \n        issued under this section more than once for the same route (or \n        a significantly similar route);\n            ``(10) increase opportunities for community integration and \n        independence of people with disabilities by promoting access to \n        employment and other resources; and\n            ``(11) augment passenger safety, without compromising \n        passengers' rights under the ADA.\n    ``(e) Practices To Promote Successful Outcomes and Sharing of \nInformation.--\n            ``(1) Priority.--In providing grant funds for eligible \n        projects under the program, the Secretary shall give priority \n        to projects that are replicable in other communities using \n        existing resources.\n            ``(2) Set aside for activities to promote sharing of best \n        practices.--For each fiscal year, the Secretary shall--\n                    ``(A) set aside 2 percent of the funds made \n                available to carry out this section; and\n                    ``(B) use those amounts to carry out activities to \n                ensure that innovative practices, program models, and \n                new service delivery options are collected, reviewed, \n                and disseminated to other public transit agencies, so \n                that the practices, models, and options can be \n                replicated in other communities.\n            ``(3) Technical assistance.--The Secretary shall provide \n        technical assistance to recipients of grant funds under the \n        program to ensure that the projects carried out using the funds \n        are successful.\n    ``(f) Maintenance of Effort.--\n            ``(1) ADA minimum standards.--Funds received under the \n        program may not be used to meet the minimum standards of the \n        ADA, including ADA complementary paratransit service \n        requirements.\n            ``(2) Certification.--To ensure that grant activities are \n        not supplanting existing, budgeted services and that public \n        transit agencies are upholding maintenance of effort on \n        existing programs, a public transit agency receiving grant \n        funds under the program shall--\n                    ``(A) certify that the funds will not be used to \n                pay for existing services; or\n                    ``(B) provide an explanation as to why the existing \n                services are justified grant activities.\n    ``(g) Grant Requirements.--A grant under this section shall be \nsubject to the same requirements as a grant under section 5307, except \nthat any public transit agency may use grant funds received under the \nprogram for operating expenses.\n    ``(h) Transportation Promotion Pilot Program.--\n            ``(1) Set aside.--For each fiscal year, the Secretary \n        shall--\n                    ``(A) set aside 1 percent of the funds made \n                available to carry out this section or $100,000, \n                whichever amount is greater; and\n                    ``(B) use those amounts to carry out a \n                transportation promotion pilot program under this \n                subsection.\n            ``(2) Purpose.--The purpose of the transportation promotion \n        pilot program shall be to ensure that--\n                    ``(A) public transit agencies fulfill their \n                requirements under the ADA; and\n                    ``(B) individuals with disabilities have advocates \n                to ensure greater opportunities for integration and \n                access into transit systems.\n            ``(3) Grant authority.--\n                    ``(A) In general.--In carrying out the \n                transportation promotion pilot program, the Secretary \n                shall make grants to--\n                            ``(i) agencies implementing a system \n                        established under section 143 of the \n                        Developmental Disabilities Assistance and Bill \n                        of Rights Act of 2000 (42 U.S.C. 15043) that \n                        have demonstrated histories of transportation \n                        expertise or advocacy; and\n                            ``(ii) nonprofit organizations that have \n                        demonstrated histories of transportation \n                        expertise or advocacy.\n                    ``(B) Eligibility.--To be eligible to receive a \n                grant under this paragraph, an agency or organization \n                shall demonstrate to the Secretary that the agency or \n                organization--\n                            ``(i) has a mission that includes \n                        individual or systemic advocacy and monitoring \n                        to address the transportation needs of \n                        individuals with disabilities; and\n                            ``(ii) has the support of other \n                        organizations in the disability community.\n                    ``(C) Use of grants.--Grants funds received under \n                this paragraph shall be used to fund individual or \n                systemic advocacy and monitoring to address the \n                transportation needs of people with disabilities.\n    ``(i) Limitation on Statutory Construction.--Nothing in this \nsection may be construed to affect projects or activities carried out \nunder section 5310 or the funding of such projects or activities.\n    ``(j) Definitions.--In this section, the following definitions \napply:\n            ``(1) ADA.--The term `ADA' means the Americans with \n        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).\n            ``(2) ADA paratransit.--The term `ADA paratransit' means \n        the provision of nonfixed route paratransit transportation \n        services in accordance with section 223 of the ADA (42 U.S.C. \n        12143).\n    ``(k) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $100,000,000 for each of fiscal \nyears 2015 through 2020.''.\n    (b) Clerical Amendment.--The analysis for such chapter is amended \nby inserting after the item relating to section 5307 the following:\n\n``5308. Transit accessibility innovation program.''.\n\nSEC. 3. RAISING CAPS ON USE OF FORMULA FUNDS FOR PROVISION OF NONFIXED \n              ROUTE PARATRANSIT TRANSPORTATION SERVICES.\n\n    Section 5302(3)(I) of title 49, United States Code, is amended by \nstriking ``10 percent'' and inserting ``15 percent''.","title":""}
+{"_id":"c417","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Transparency and Honesty in Energy \nRegulations Act of 2017''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) as a tool to justify Federal actions by the Secretary \n        of Energy, the Administrator of the Environmental Protection \n        Agency, the Secretary of the Interior, and the Chair of the \n        Council on Environmental Quality to address greenhouse gas \n        emissions, including the regulation or prohibition of the \n        exploration, mining, production, and use of coal and other \n        fossil fuels as energy sources, the social cost of carbon, the \n        social cost of methane, and the social cost of nitrous oxide \n        represent the hypothetical cost of 1 incremental ton of carbon \n        dioxide, methane, or nitrous oxide emissions in a given year;\n            (2) the document of the Office of Management and Budget \n        entitled ``Circular A-4'' and dated September 17, 2003--\n                    (A) guides Federal agencies on the development of \n                regulatory impact analysis required under Executive \n                Order 12866 (5 U.S.C. 601 note; relating to regulatory \n                planning and review) and other authorities; and\n                    (B) instructs Federal agencies to include discount \n                rates of 3 and 7 percent and evaluate the costs and \n                benefits of the regulatory action that accrue to \n                citizens and residents of the United States;\n            (3) first developed in 2009 by an interagency working group \n        that included the Department of Energy, the Environmental \n        Protection Agency, and the Council on Environmental Quality, \n        the estimates for the social cost of carbon, as well as the \n        subsequently developed estimates of the social cost of methane, \n        and the social cost of nitrous oxide fail to comply with the 3- \n        and 7-percent discount rates prescribed by the document of the \n        Office of Management and Budget entitled ``Circular A-4'' and \n        dated September 17, 2003;\n            (4) while the document of the Office of Management and \n        Budget entitled ``Circular A-4'' and dated September 17, 2003, \n        specifies that, in carrying out an evaluation of the global \n        effects of a rule, regulation, or action, the evaluation shall \n        be reported separately from domestic costs and benefits of that \n        rule, regulation, or action, the social cost of carbon instead \n        calculates the global benefits in lieu of, not in addition to, \n        the domestic costs of a rule, regulation, or action;\n            (5) the use of the estimates for the social cost of carbon, \n        the social cost of methane, and the social cost of nitrous \n        oxide, in the rulemakings of the Department of Energy, the \n        Environmental Protection Agency, the Department of the \n        Interior, and the Council on Environmental Quality without \n        public notice and an adequate opportunity for comment violates \n        scientific peer review requirements;\n            (6) the Environmental Protection Agency relied upon the \n        social cost of methane, without appropriate peer review or \n        opportunity for public notice and comment, in justifying the \n        costs and benefits of the September 2015 proposed and the June \n        2016 finalized rules under the Clean Air Act for methane \n        emissions from new, modified, and reconstructed sources in the \n        oil and gas sector;\n            (7) the Department of the Interior used the social cost of \n        methane estimate to justify the costs and benefits of the final \n        rule entitled ``Waste Prevention, Production Subject to \n        Royalties, and Resource Conservation'' (81 Fed. Reg. 83008 \n        (November 18, 2016));\n            (8) the Council on Environmental Quality issued final \n        guidance on August 1, 2016, that, with respect to a monetary \n        cost-benefit analysis for an evaluation of a proposed Federal \n        action under the National Environmental Policy Act of 1969 (42 \n        U.S.C. 4321 et seq.), directed the head of each Federal agency \n        to include the social cost of carbon in any consideration of \n        the effect of greenhouse gas emissions;\n            (9) the regulations of the Department of Energy, the \n        Environmental Protection Agency, the Department of the \n        Interior, and the Council on Environmental Quality are costing \n        families of the United States billions of dollars each year and \n        are justified, in large part, by the social cost of carbon, the \n        social cost of methane, and the social cost of nitrous oxide;\n            (10) continued use of the social cost of carbon, the social \n        cost of methane, and the social cost of nitrous oxide by the \n        Department of Energy, the Environmental Protection Agency, the \n        Department of the Interior, and the Council on Environmental \n        Quality ignores sound science for the purpose of eliminating \n        the exploration, mining, production, and use of the abundant \n        domestic sources of fossil fuel energy of the United States;\n            (11) Executive Order 13777 (82 Fed. Reg. 12285 (March 1, \n        2017)) states that the policy of the United States is to \n        alleviate any unnecessary regulatory burden on the people of \n        the United States; and\n            (12) Executive Order 13783 of March 28, 2017 (82 Fed. Reg. \n        16093 (March 31, 2017))--\n                    (A) disbands the interagency working group referred \n                to in paragraph (3);\n                    (B) withdraws the social cost of carbon, the social \n                cost of methane, and the social cost of nitrous oxide; \n                and\n                    (C) directs Federal agencies, in monetizing the \n                value of changes in greenhouse gas emissions as a \n                result of a regulation, to follow the document of the \n                Office of Management and Budget entitled ``Circular A-\n                4'' and dated September 17, 2003, by using the discount \n                rates specified in that document and evaluating only \n                the domestic effects of the regulation.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Administrator.--The term ``Administrator'' means the \n        Administrator of the Environmental Protection Agency.\n            (2) Social cost of carbon.--The term ``social cost of \n        carbon'' means--\n                    (A) the estimate of the social cost of carbon \n                described in--\n                            (i) the document entitled ``Technical \n                        Support Document: Social Cost of Carbon for \n                        Regulatory Impact Analysis Under Executive \n                        Order 12866'', published by the Interagency \n                        Working Group on Social Cost of Carbon, United \n                        States Government, in February 2010; or\n                            (ii)(I) the document entitled ``Technical \n                        Support Document: Technical Update of the \n                        Social Cost of Carbon for Regulatory Impact \n                        Analysis Under Executive Order 12866'', \n                        published by the Interagency Working Group on \n                        Social Cost of Carbon, United States \n                        Government, in May 2013 and revised in November \n                        2013 and July 2015, and published and revised \n                        by the Interagency Working Group on the Social \n                        Cost of Greenhouse Gases, United States \n                        Government, in August 2016; or\n                            (II) any successor or substantially related \n                        document; and\n                    (B) any other estimate of the monetized damages \n                associated with an incremental increase in carbon \n                dioxide emissions in a given year.\n            (3) Social cost of methane.--The term ``social cost of \n        methane'' means--\n                    (A) the estimate of the social cost of methane \n                described in--\n                            (i) the proposed rule entitled ``Oil and \n                        Natural Gas Sector: Emission Standards for New \n                        and Modified Sources'' (80 Fed. Reg. 56593 \n                        (September 18, 2015));\n                            (ii) the final rule entitled ``Oil and \n                        Natural Gas Sector: Emission Standards for New, \n                        Reconstructed, and Modified Sources'' (81 Fed. \n                        Reg. 35824 (June 3, 2016));\n                            (iii) the regulatory impact analysis \n                        entitled ``Regulatory Impact Analysis of the \n                        Final Oil and Natural Gas Sector: Emission \n                        Standards for New, Reconstructed, and Modified \n                        Sources'', prepared by the Environmental \n                        Protection Agency, Office of Air and Radiation, \n                        in May 2016 and identified by docket ID number \n                        EPA-HQ-OAR-2010-0505-7630; or\n                            (iv)(I) the document entitled ``Addendum to \n                        Technical Support Document on Social Cost of \n                        Carbon for Regulatory Impact Analysis under \n                        Executive Order 12866: Application of the \n                        Methodology to Estimate the Social Cost of \n                        Methane and the Social Cost of Nitrous Oxide'', \n                        published by the Interagency Working Group on \n                        Social Cost of Greenhouse Gases, United States \n                        Government, in August 2016; or\n                            (II) any successor or substantially related \n                        document; and\n                    (B) any other estimate of the monetized damages \n                associated with an incremental increase in methane \n                emissions in a given year.\n            (4) Social cost of nitrous oxide.--The term ``social cost \n        of nitrous oxide'' means--\n                    (A) the estimate of the social cost of nitrous \n                oxide described in--\n                            (i) the document entitled ``Addendum to \n                        Technical Support Document on Social Cost of \n                        Carbon for Regulatory Impact Analysis under \n                        Executive Order 12866: Application of the \n                        Methodology to Estimate the Social Cost of \n                        Methane and the Social Cost of Nitrous Oxide'', \n                        published by the Interagency Working Group on \n                        Social Cost of Greenhouse Gases, United States \n                        Government, in August 2016; or\n                            (ii) any other successor or substantially \n                        related document; and\n                    (B) any other estimate of the monetized damages \n                associated with an incremental increase in nitrous \n                oxide emissions in a given year.\n\nSEC. 4. PROHIBITION ON CONSIDERING THE SOCIAL COST OF GREENHOUSE GAS, \n              INCLUDING THE SOCIAL COST OF CARBON, THE SOCIAL COST OF \n              METHANE, AND THE SOCIAL COST OF NITROUS OXIDE.\n\n    (a) In General.--The Secretary of Energy, under any authority, the \nAdministrator, under the Clean Air Act (42 U.S.C. 7401 et seq.), the \nSecretary of the Interior, under any authority, and the Chair of the \nCouncil on Environmental Quality, under the National Environmental \nPolicy Act of 1969 (42 U.S.C. 4321 et seq.), may not consider the \nsocial cost of carbon, social cost of methane, or social cost of \nnitrous oxide--\n            (1) as part of any cost-benefit analysis required under--\n                    (A) any law;\n                    (B) Executive Order 12866 (5 U.S.C. 601 note; \n                relating to regulatory planning and review); or\n                    (C) Executive Order 13563 (5 U.S.C. 601 note; \n                relating to improving regulation and regulatory \n                review);\n            (2) in any rulemaking;\n            (3) in the issuance of any guidance;\n            (4) in taking any other agency action; or\n            (5) as a justification for any rulemaking, guidance \n        document, or agency action.\n    (b) Exception.--The Secretary of Energy, the Administrator, the \nSecretary of the Interior, and the Chair of the Council on \nEnvironmental Quality may consider the social cost of carbon, social \ncost of methane, or social cost of nitrous oxide in carrying out an \nactivity described in subsection (a) only if, after the date of \nenactment of this Act--\n            (1) a Federal law is enacted that explicitly authorizes the \n        consideration; or\n            (2) the Secretary of Energy, the Administrator, the \n        Secretary of the Interior, or the Chair of the Council on \n        Environmental Quality uses an estimate for the social cost of \n        carbon, social cost of methane, or social cost of nitrous oxide \n        that--\n                    (A) complies with the requirements of the document \n                of the Office of Management and Budget entitled \n                ``Circular A-4'' and dated September 17, 2003;\n                    (B) uses the discount rates of 3 and 7 percent \n                specified in that document;\n                    (C) considers only the domestic costs and benefits \n                of the activity; and\n                    (D) uses only--\n                            (i) the most up to date and empirically \n                        estimated equilibrium climate sensitivity \n                        distributions; and\n                            (ii) realistic time horizons.\n\nSEC. 5. REPORT OF THE ADMINISTRATOR.\n\n    Not later than 120 days after the date of enactment of this Act, \nthe Administrator, in coordination and consultation with the Secretary \nof Energy, the Secretary of the Interior, and the Chair of the Council \non Environmental Quality, shall submit to the Committees on Energy and \nCommerce and Natural Resources of the House of Representatives and the \nCommittees on Environment and Public Works and Energy and Natural \nResources of the Senate a report describing the number of proposed and \nfinal rulemakings, guidance documents, and agency actions that, since \nJanuary 2009, have used the social cost of carbon, the social cost of \nmethane, or the social cost of nitrous oxide, including the use of the \nsocial cost of carbon, the social cost of methane, or the social cost \nof nitrous oxide as part of any cost-benefit analysis required under \nExecutive Order 12866 (5 U.S.C. 601 note; relating to regulatory \nplanning and review) or other relevant authority.","title":""}
+{"_id":"c418","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Transportation Information Recall \nEnhancement Act''.\n\nSEC. 2. FINDINGS AND PURPOSE.\n\n    (a) Findings.--Congress finds that--\n            (1) in an interview with ABC News on September 3, 2000, \n        Secretary of Transportation Rodney Slater stated that he thinks \n        there should be a law requiring that the United States be \n        immediately notified of a foreign recall, ``especially in the \n        global economy when you've got U.S. goods really being used by \n        individuals around the world. We should know when there's a \n        problem someplace else.'';\n            (2) as of the date of enactment of this Act, there is no \n        legal requirement for manufacturers of motor vehicles and their \n        components to notify United States agencies of a recall issued \n        in a foreign country;\n            (3) between August 1999 and spring 2000, Ford Motor Company \n        replaced Firestone tires on 46,912 vehicles in Saudi Arabia, \n        Thailand, Malaysia, and South America;\n            (4)(A) on May 2, 2000, the National Highway Traffic Safety \n        Administration opened a preliminary evaluation into Firestone \n        ATX, ATX II, and Wilderness AT tires after receiving 90 \n        complaints, primarily from consumers in the Southeast and \n        Southwest, about tread separations or blowouts;\n            (B) as of September 2000, the National Highway Traffic \n        Safety Administration has received over 1,400 complaints, \n        including reports of more than 250 injuries and 88 deaths; and\n            (C) some of the complaints date back to the early 1990s, \n        and 797 of the complaints report that a tire failure took place \n        between August 1, 1999, and August 9, 2000; and\n            (5)(A) on August 9, 2000, Bridgestone\/Firestone announced a \n        United States recall of 6,500,000 ATX, ATX II, and Wilderness \n        AT tires; and\n            (B) that date was 3 months after the National Highway \n        Traffic Safety Administration commenced its investigation and \n        nearly 9 months after Ford Motor Company initiated the \n        replacement of the tires in foreign countries.\n    (b) Purpose.--The purpose of this Act is to ensure that defects in \nmotor vehicles or replacement equipment in foreign countries are \nquickly, accurately, and truthfully reported to the United States \nSecretary of Transportation in cases in which--\n            (1) the motor vehicles or replacement equipment is \n        manufactured for export to the United States; or\n            (2) the motor vehicles or replacement equipment is \n        manufactured in the United States using a manufacturing process \n        that is the same as, or similar to, the manufacturing process \n        used in the foreign country, with the result that the motor \n        vehicles or replacement equipment manufactured in the United \n        States may also be defective.\n\nSEC. 3. CRIMINAL AND CIVIL PENALTIES IN CONNECTION WITH REPORTING OF \n              DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS.\n\n    (a) In General.--Chapter 47 of title 18, United States Code, is \namended by adding at the end the following:\n``Sec. 1036. Penalties in connection with reporting of defects in \n              foreign motor vehicle products\n    ``(a) Definitions.--\n            ``(1) Foreign motor vehicle product.--The term `foreign \n        motor vehicle product' means a motor vehicle or replacement \n        equipment that--\n                    ``(A) is manufactured in a foreign country for \n                export to the United States; or\n                    ``(B) is manufactured in a foreign country using a \n                manufacturing process that is the same as, or similar \n                to, a manufacturing process used in the United States \n                for a motor vehicle or replacement equipment.\n            ``(2) Other terms.--The terms `defect', `manufacturer', \n        `motor vehicle', and `replacement equipment' have the meanings \n        given the terms in section 30102 of title 49.\n    ``(b) Criminal Penalty.--A manufacturer of a foreign motor vehicle \nproduct, or an officer or employee of such a manufacturer, that, in \nconnection with a report required to be filed under section 30118(f) of \ntitle 49, willfully--\n            ``(1) falsifies or conceals a material fact;\n            ``(2) makes a materially false, fictitious, or fraudulent \n        statement or representation; or\n            ``(3) makes or uses a false writing or document knowing \n        that the writing or document contains any materially false, \n        fictitious, or fraudulent statement or entry;\nshall be fined under this title, imprisoned not more than 5 years, or \nboth.\n    ``(c) Civil Penalty.--\n            ``(1) In general.--In addition to any civil penalty that \n        may be assessed under chapter 301 of title 49, a manufacturer \n        that violates section 30118(f) of title 49 shall be subject to \n        a civil penalty of not more than $500,000 for each day of the \nviolation.\n            ``(2) Compromise of penalty.--The Attorney General may \n        compromise the amount of a civil penalty imposed under \n        paragraph (1).\n            ``(3) Determination of amount.--In determining the amount \n        of a civil penalty or compromise under this subsection, the \n        Attorney General shall consider--\n                    ``(A) the appropriateness of the penalty or \n                compromise in relation to the size of the business of \n                the manufacturer liable for the penalty; and\n                    ``(B) the gravity of the violation.\n            ``(4) Deduction of amount of penalty.--The United States \n        Government may deduct the amount of the civil penalty imposed \n        or compromised under this section from any amount that the \n        Government owes the manufacturer liable for the penalty.''.\n    (b) Conforming Amendment.--The analysis for chapter 47 of title 18, \nUnited States Code, is amended by adding at the end the following:\n\n``1036. Penalties in connection with reporting of defects in foreign \n                            motor vehicle products.''.\n\nSEC. 4. REPORTING OF DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS.\n\n    Section 30118 of title 49, United States Code, is amended by adding \nat the end the following:\n    ``(f) Reporting of Defects in Foreign Motor Vehicle Products.--\n            ``(1) Definition of foreign motor vehicle product.--The \n        term `foreign motor vehicle product' means a motor vehicle or \n        replacement equipment that--\n                    ``(A) is manufactured in a foreign country for \n                export to the United States; or\n                    ``(B) is manufactured in a foreign country using a \n                manufacturing process that is the same as, or similar \n                to, a manufacturing process used in the United States \n                for a motor vehicle or replacement equipment.\n            ``(2) Reporting of defects.--\n                    ``(A) Initial report.--Not later than 48 hours \n                after determining, or learning that a government of a \n                foreign country has determined, that a foreign motor \n                vehicle product contains a defect that could be related \n                to motor vehicle safety, the manufacturer of the \n                foreign motor vehicle product shall report the \n                determination to the Secretary.\n                    ``(B) Written report.--\n                            ``(i) In general.--Not later than 5 days \n                        after the end of the 48-hour period described \n                        in subparagraph (A), the manufacturer shall \n                        submit to the Secretary a written report that \n                        meets the requirements of clause (ii).\n                            ``(ii) Contents of written report.--A \n                        written report under clause (i) shall contain--\n                                    ``(I) a description of the foreign \n                                motor vehicle product that is the \n                                subject of the report;\n                                    ``(II) a description of--\n                                            ``(aa) the determination of \n                                        the defect by the government of \n                                        the foreign country or by the \n                                        manufacturer of a foreign motor \n                                        vehicle product; and\n                                            ``(bb) any measures that \n                                        the government requires to be \n                                        taken, or the manufacturer \n                                        determines should be taken, to \n                                        obtain a remedy of the defect;\n                                    ``(III) information concerning any \n                                serious injuries or fatalities possibly \n                                resulting from the defect; and\n                                    ``(IV) such other information as \n                                the Secretary determines to be \n                                appropriate.\n            ``(3) Reporting of possible defects.--Upon making a \n        determination that there have been a significant number of \n        serious injuries or fatalities in a foreign country that could \n        have resulted from a defect in a foreign motor vehicle product \n        that could be related to motor vehicle safety (as determined in \n        accordance with regulations promulgated by the Secretary), the \n        manufacturer of the foreign motor vehicle product shall report \n        the determination to the Secretary in such manner as the \n        Secretary establishes by regulation.''.\n\nSEC. 5. EFFECTIVE DATE.\n\n    This Act and the amendments made by this Act take effect on the \ndate that is 180 days after the date of enactment of this Act.","title":""}
+{"_id":"c419","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Traumatic Brain Injury Act of \n2008''.\n\nSEC. 2. CONFORMING AMENDMENTS RELATING TO RESTRUCTURING.\n\n    Part J of title III of the Public Health Service Act (42 U.S.C. \n280b et seq.) is amended--\n            (1) by redesignating the section 393B (42 U.S.C. 280b-1c) \n        relating to the use of allotments for rape prevention \n        education, as section 393A and moving such section so that it \n        follows section 393;\n            (2) by redesignating existing section 393A (42 U.S.C. 280b-\n        1b) relating to prevention of traumatic brain injury, as \n        section 393B; and\n            (3) by redesignating the section 393B (42 U.S.C. 280b-1d) \n        relating to traumatic brain injury registries, as section 393C.\n\nSEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CENTERS FOR DISEASE \n              CONTROL AND PREVENTION.\n\n    (a) Prevention of Traumatic Brain Injury.--Clause (ii) of section \n393B(b)(3)(A) of the Public Health Service Act, as so redesignated, (42 \nU.S.C. 280b-1b) is amended by striking ``from hospitals and trauma \ncenters'' and inserting ``from hospitals and emergency departments''.\n    (b) National Program for Traumatic Brain Injury Surveillance and \nRegistries.--Section 393C of the Public Health Service Act, as so \nredesignated, (42 U.S.C. 280b et seq.) is amended--\n            (1) in the section heading, by inserting ``surveillance \n        and'' after ``national program for traumatic brain injury''; \n        and\n            (2) in subsection (a), in the matter preceding paragraph \n        (1), by striking ``may make grants'' and all that follows \n        through ``to collect data concerning--'' and inserting ``may \n        make grants to States or their designees to develop or operate \n        the State's traumatic brain injury surveillance system or \n        registry to determine the incidence and prevalence of traumatic \n        brain injury and related disability, to ensure the uniformity \n        of reporting under such system or registry, to link individuals \n        with traumatic brain injury to services and supports, and to \n        link such individuals with academic institutions to conduct \n        applied research that will support the development of such \n        surveillance systems and registries as may be necessary. A \n        surveillance system or registry under this section shall \n        provide for the collection of data concerning--''.\n    (c) Report.--Section 393C of the Public Health Service Act (as so \nredesignated) is amended by adding at the end the following:\n    ``(b) Not later than 18 months after the date of enactment of the \nTraumatic Brain Injury Act of 2008, the Secretary, acting through the \nDirector of the Centers for Disease Control and Prevention and the \nDirector of the National Institutes of Health and in consultation with \nthe Secretary of Defense and the Secretary of Veterans Affairs, shall \nsubmit to the relevant committees of Congress a report that contains \nthe findings derived from an evaluation concerning activities and \nprocedures that can be implemented by the Centers for Disease Control \nand Prevention to improve the collection and dissemination of \ncompatible epidemiological studies on the incidence and prevalence of \ntraumatic brain injury in those with traumatic brain injury who were \nformerly in the military. The report shall include recommendations on \nthe manner in which such agencies can further collaborate on the \ndevelopment and improvement of traumatic brain injury diagnostic tools \nand treatments.''.\n\nSEC. 4. STUDY ON TRAUMATIC BRAIN INJURY.\n\n    Part J of title III of the Public Health Service Act (42 U.S.C. \n280b et seq.) is amended by inserting after section 393C, as so \nredesignated, the following:\n\n``SEC. 393C-1. STUDY ON TRAUMATIC BRAIN INJURY.\n\n    ``(a) Study.--The Secretary, acting through the Director of the \nCenters for Disease Control and Prevention with respect to paragraph \n(1) and in consultation with the Director of the National Institutes of \nHealth and other appropriate entities with respect to paragraphs (2), \n(3), and (4), may conduct a study with respect to traumatic brain \ninjury for the purpose of carrying out the following:\n            ``(1) In collaboration with appropriate State and local \n        health-related agencies--\n                    ``(A) determining the incidence of traumatic brain \n                injury and prevalence of traumatic brain injury related \n                disability and the clinical aspects of the disability \n                in all age groups and racial and ethnic minority groups \n                in the general population of the United States, \n                including institutional settings, such as nursing \n                homes, correctional facilities, psychiatric hospitals, \n                child care facilities, and residential institutes for \n                people with developmental disabilities; and\n                    ``(B) reporting national trends in traumatic brain \n                injury.\n            ``(2) Identifying common therapeutic interventions which \n        are used for the rehabilitation of individuals with such \n        injuries, and, subject to the availability of information, \n        including an analysis of--\n                    ``(A) the effectiveness of each such intervention \n                in improving the functioning, including return to work \n                or school and community participation, of individuals \n                with brain injuries;\n                    ``(B) the comparative effectiveness of \n                interventions employed in the course of rehabilitation \n                of individuals with brain injuries to achieve the same \n                or similar clinical outcome; and\n                    ``(C) the adequacy of existing measures of outcomes \n                and knowledge of factors influencing differential \n                outcomes.\n            ``(3) Identifying interventions and therapies that can \n        prevent or remediate the development of secondary neurologic \n        conditions related to traumatic brain injury.\n            ``(4) Developing practice guidelines for the rehabilitation \n        of traumatic brain injury at such time as appropriate \n        scientific research becomes available.\n    ``(b) Dates Certain for Reports.--If the study is conducted under \nsubsection (a), the Secretary shall, not later than 3 years after the \ndate of the enactment of the Traumatic Brain Injury Act of 2008, submit \nto Congress a report describing findings made as a result of carrying \nout such subsection (a).\n    ``(c) Definition.--For purposes of this section, the term \n`traumatic brain injury' means an acquired injury to the brain. Such \nterm does not include brain dysfunction caused by congenital or \ndegenerative disorders, nor birth trauma, but may include brain \ninjuries caused by anoxia due to trauma including near drowning. The \nSecretary may revise the definition of such term as the Secretary \ndetermines necessary.''.\n\nSEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NATIONAL INSTITUTES OF \n              HEALTH.\n\n    Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) \nis amended--\n            (1) in subsection (b)(2), by striking ``Labor and Human \n        Resources'' and inserting ``Health, Education, Labor, and \n        Pensions'';\n            (2) in subparagraph (D) of subsection (d)(4), by striking \n        ``head brain injury'' and inserting ``brain injury''; and\n            (3) in subsection (i), by inserting ``, and such sums as \n        may be necessary for each of the fiscal years 2009 through \n        2012'' before the period at the end.\n\nSEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE HEALTH RESOURCES AND \n              SERVICES ADMINISTRATION.\n\n    (a) State Grants for Demonstration Projects Regarding Traumatic \nBrain Injury.--Section 1252 of the Public Health Service Act (42 U.S.C. \n300d-52) is amended--\n            (1) in subsection (a)--\n                    (A) by striking ``may make grants to States'' and \n                inserting ``may make grants to States and American \n                Indian consortia''; and\n                    (B) by striking ``health and other services'' and \n                inserting ``rehabilitation and other services'';\n            (2) in subsection (b)--\n                    (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and \n                (3)(A)(iv), by striking the term ``State'' each place \n                such term appears and inserting the term ``State or \n                American Indian consortium''; and\n                    (B) in paragraph (2), by striking ``recommendations \n                to the State'' and inserting ``recommendations to the \n                State or American Indian consortium'';\n            (3) in subsection (c)(1), by striking the term ``State'' \n        each place such term appears and inserting ``State or American \n        Indian consortium'';\n            (4) in subsection (e), by striking ``A State that \n        received'' and all that follows through the period and \n        inserting ``A State or American Indian consortium that received \n        a grant under this section prior to the date of the enactment \n        of the Traumatic Brain Injury Act of 2008 may complete the \n        activities funded by the grant.'';\n            (5) in subsection (f)--\n                    (A) in the subsection heading, by inserting ``and \n                American Indian Consortium'' after ``State'';\n                    (B) in paragraph (1) in the matter preceding \n                subparagraph (A), paragraph (1)(E), paragraph (2)(A), \n                paragraph (2)(B), paragraph (3) in the matter preceding \n                subparagraph (A), paragraph (3)(E), and paragraph \n                (3)(F), by striking the term ``State'' each place such \n                term appears and inserting ``State or American Indian \n                consortium''; and\n                    (C) in clause (ii) of paragraph (1)(A), by striking \n                ``children and other individuals'' and inserting \n                ``children, youth, and adults'';\n            (6) in subsection (h)--\n                    (A) by striking ``Not later than 2 years after the \n                date of the enactment of this section, the Secretary'' \n                and inserting ``Not less than biennially, the \n                Secretary'';\n                    (B) by striking ``Commerce of the House of \n                Representatives, and to the Committee on Labor and \n                Human Resources'' and inserting ``Energy and Commerce \n                of the House of Representatives, and to the Committee \n                on Health, Education, Labor, and Pensions''; and\n                    (C) by inserting ``and section 1253'' after \n                ``programs established under this section,'';\n            (7) by amending subsection (i) to read as follows:\n    ``(i) Definitions.--For purposes of this section:\n            ``(1) The terms `American Indian consortium' and `State' \n        have the meanings given to those terms in section 1253.\n            ``(2) The term `traumatic brain injury' means an acquired \n        injury to the brain. Such term does not include brain \n        dysfunction caused by congenital or degenerative disorders, nor \n        birth trauma, but may include brain injuries caused by anoxia \n        due to trauma. The Secretary may revise the definition of such \n        term as the Secretary determines necessary, after consultation \n        with States and other appropriate public or nonprofit private \n        entities.''; and\n            (8) in subsection (j), by inserting ``, and such sums as \n        may be necessary for each of the fiscal years 2009 through \n        2012'' before the period.\n    (b) State Grants for Protection and Advocacy Services.--Section \n1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended--\n            (1) in subsections (d) and (e), by striking the term \n        ``subsection (i)'' each place such term appears and inserting \n        ``subsection (l)'';\n            (2) in subsection (g), by inserting ``each fiscal year not \n        later than October 1,'' before ``the Administrator shall pay'';\n            (3) by redesignating subsections (i) and (j) as subsections \n        (l) and (m), respectively;\n            (4) by inserting after subsection (h) the following:\n    ``(i) Data Collection.--The Administrator of the Health Resources \nand Services Administration and the Commissioner of the Administration \non Developmental Disabilities shall enter into an agreement to \ncoordinate the collection of data by the Administrator and the \nCommissioner regarding protection and advocacy services.\n    ``(j) Training and Technical Assistance.--\n            ``(1) Grants.--For any fiscal year for which the amount \n        appropriated to carry out this section is $6,000,000 or \n        greater, the Administrator shall use 2 percent of such amount \n        to make a grant to an eligible national association for \n        providing for training and technical assistance to protection \n        and advocacy systems.\n            ``(2) Definition.--In this subsection, the term `eligible \n        national association' means a national association with \n        demonstrated experience in providing training and technical \n        assistance to protection and advocacy systems.\n    ``(k) System Authority.--In providing services under this section, \na protection and advocacy system shall have the same authorities, \nincluding access to records, as such system would have for purposes of \nproviding services under subtitle C of the Developmental Disabilities \nAssistance and Bill of Rights Act of 2000.''; and\n            (5) in subsection (l) (as redesignated by this subsection) \n        by striking ``2002 through 2005'' and inserting ``2009 through \n        2012''.","title":""}
+{"_id":"c42","text":"SECTION 1. INDEPENDENT SAFETY ASSESSMENTS.\n\n    Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is \namended by inserting after subsection d. the following:\n    ``e. Independent Safety Assessments.--\n            ``(1) Development of procedure.--Not later than 90 days \n        after the date of enactment of this subsection, the Nuclear \n        Regulatory Commission (referred to in this subsection as the \n        `Commission') shall develop an independent safety assessment \n        procedure.\n            ``(2) Conduct of assessment.--\n                    ``(A) Definition of eligible requestor.--In this \n                paragraph, the term `eligible requestor' means--\n                            ``(i) a Governor of a State in which a \n                        facility of a licensee is located;\n                            ``(ii) a public utility commission of a \n                        State in which a facility of a licensee is \n                        located; and\n                            ``(iii) a Governor of a State that--\n                                    ``(I) because of dangers to the \n                                public relating to potential ingestion \n                                of water or foods that have been \n                                contaminated with radiation from a \n                                commercial nuclear power plant, is \n                                located in an emergency planning zone, \n                                as defined in section 350.2 of title \n                                44, Code of Federal Regulations (or a \n                                successor regulation); and\n                                    ``(II) is not the same State in \n                                which the facility of the licensee is \n                                located.\n                    ``(B) Request of assessment.--\n                            ``(i) In general.--At the request of an \n                        eligible requestor, the Commission shall \n                        conduct an independent safety assessment in \n                        accordance with the independent safety \n                        assessment procedure developed under paragraph \n                        (1) if the licensee has--\n                                    ``(I) applied to the Commission \n                                for--\n                                            ``(aa) an extension of the \n                                        operating license of the \n                                        licensee; or\n                                            ``(bb) approval of an \n                                        extended power uprate for the \n                                        licensee; or\n                                    ``(II) during any 5-year period, \n                                received, under the reactor oversight \n                                process of the Commission, 2 or more \n                                greater-than-green inspection findings.\n                            ``(ii) Conduct of assessment.--The \n                        Commission shall conduct an assessment \n                        requested by an eligible requestor under clause \n                        (i) not later than 18 months after the date on \n                        which the eligible requestor requested the \n                        assessment.\n            ``(3) Inspection of facility.--\n                    ``(A) In general.--In conducting an independent \n                safety assessment under paragraph (2)(B), the \n                Commission shall inspect the design, construction, \n                maintenance, and operational safety performance of the \n                facility of the licensee.\n                    ``(B) Scope of inspection.--An inspection of a \n                facility of a licensee conducted under subparagraph (A) \n                shall--\n                            ``(i) be at least equal in scope, depth, \n                        and breadth to the independent safety \n                        assessment conducted in 1996 by the Commission \n                        of the Maine Yankee Nuclear Power Plant, \n                        located in Wiscasset, Maine; and\n                            ``(ii) include an examination of the \n                        systems of the facility of the licensee, \n                        including--\n                                    ``(I) the reactor containment \n                                systems;\n                                    ``(II) the reactor emergency core \n                                cooling systems;\n                                    ``(III) the control room and \n                                containment ventilation systems;\n                                    ``(IV) the electrical system \n                                (including testing of relevant \n                                transients);\n                                    ``(V) the condensate and feedwater \n                                systems;\n                                    ``(VI) the spent fuel storage \n                                systems;\n                                    ``(VII) any other system requested \n                                by the Governor of the State, or a \n                                public utility commission of the State, \n                                in which the facility of the licensee \n                                is located; and\n                                    ``(VIII) any other system \n                                identified by a majority of the members \n                                of an inspection team described in \n                                paragraph (4).\n            ``(4) Inspection teams.--\n                    ``(A) In general.--An independent safety assessment \n                conducted under paragraph (2)(B) shall be conducted by \n                an inspection team.\n                    ``(B) Composition.--An inspection team shall be \n                composed of not less than 25 members, of whom--\n                            ``(i) not less than 16 members shall be--\n                                    ``(I) employees of the Commission; \n                                and\n                                    ``(II) unaffiliated with the \n                                regional office of the Commission in \n                                the region in which the facility of the \n                                licensee is located;\n                            ``(ii) not less than 6 members shall be \n                        independent contractors who have not worked \n                        for, or at--\n                                    ``(I) the facility of the licensee; \n                                or\n                                    ``(II) any other nuclear power \n                                plant owned or operated by the owner or \n                                operator of the facility of the \n                                licensee; and\n                            ``(iii) not less than 3 members shall be \n                        appointed by the eligible requestor.\n            ``(5) Report.--\n                    ``(A) Preparation of preliminary report.--Not later \n                than 90 days after the date on which an inspection team \n                completes an independent safety assessment of a \n                facility of a licensee under paragraph (2)(B), the \n                inspection team shall prepare a preliminary report \n                describing the findings and recommendations of the \n                inspection team.\n                    ``(B) Availability of preliminary report.--For a \n                period of 90 days beginning on the date on which the \n                inspection team completes a preliminary report prepared \n                under subparagraph (A), the inspection team shall make \n                available for review and comment by the public a copy \n                of the preliminary report.\n                    ``(C) Consideration of comments.--In preparing a \n                final version of a preliminary report developed under \n                subparagraph (A), the inspection team shall take into \n                consideration any comments received from the public \n                that are appropriate, as determined by the inspection \n                team.\n                    ``(D) Submission of final version.--Not later than \n                90 days after the date on which the period of review \n                and public comment ends under subparagraph (B), the \n                inspection team shall submit to the Commission a final \n                version of the preliminary report developed under \n                subparagraph (A).\n            ``(6) Affect on licensing actions.--A final decision by the \n        Commission of whether to extend an operating license, approve \n        an extended power uprate, or continue to operate under a \n        license at a facility of a licensee assessed under paragraph \n        (2)(B) shall not be made until the later of the date on which--\n                    ``(A) the Commission has completed the independent \n                safety assessment of the facility of the licensee; and\n                    ``(B) the licensee has fully accepted and \n                implemented each finding and recommendation of the \n                report approved by the Commission relating to the \n                independent safety assessment of the facility of the \n                licensee submitted under paragraph (5)(D).\n            ``(7) Authorization of appropriations.--There are \n        authorized to be appropriated to carry out this subsection \n        $10,000,000 for each of fiscal years 2008 through 2012, to \n        remain available until expended.''.","title":""}
+{"_id":"c420","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``True Cost of War Act of 2011''.\n\nSEC. 2. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND \n              OPERATION ENDURING FREEDOM.\n\n    (a) Findings.--Congress makes the following findings:\n            (1) The United States has been engaged in military \n        operations in Afghanistan since October 2001 as Operation \n        Enduring Freedom and in military operations in Iraq since March \n        2003 as Operation Iraqi Freedom and its successor contingency \n        operation, Operation New Dawn.\n            (2) According to the Congressional Research Service, \n        through fiscal year 2010, Congress has appropriated \n        $1,087,000,000,000 for the Department of Defense, for the State \n        Department, and for medical costs paid by the Department of \n        Veterans Affairs. This amount includes $751,000,000,000 related \n        to operations in Iraq and $336,000,000,000 related to \n        operations in Afghanistan.\n            (3) Over 90 percent of the funds appropriated for the \n        Department of Defense for operations in Iraq and Afghanistan \n        have been provided as supplemental or additional appropriations \n        and designated as an emergency funding requirement.\n            (4) The Congressional Budget Office and the Congressional \n        Research Service have stated that future costs for operations \n        in Iraq and Afghanistan are difficult to estimate because the \n        Department of Defense provides little information on costs \n        incurred to date and does not report outlays or actual \n        expenditure for operations in Iraq and Afghanistan (because war \n        and baseline funds are mixed in the same accounts) and because \n        of a lack of information from the Department of Defense on many \n        of the key factors that determine costs, including personnel \n        levels and the pace of operations.\n            (5) Over 2,000,000 members of the United States Armed \n        Forces have served in Afghanistan and Iraq since the beginning \n        of the conflicts.\n            (6) Over 4,400 members of the Armed Forces and Department \n        of Defense civilian personnel have been killed in Operation \n        Iraqi Freedom, and over 1,400 members of the Armed Forces and \n        Department of Defense civilian personnel have been killed in \n        Operation Enduring Freedom in Afghanistan.\n            (7) Over 1,620 members of the Armed Forces have suffered \n        amputations as a result of wounds or other injuries incurred in \n        Afghanistan or Iraq.\n            (8) More than 243,685 veterans of military service in Iraq \n        and Afghanistan have been treated for mental health conditions, \n        more than 66,900 of these veterans have been diagnosed with \n        post-traumatic stress disorder, and approximately 178,876 of \n        these veterans have a confirmed traumatic brain injury \n        diagnosis.\n            (9) Approximately 46 percent of veterans of military \n        service in Iraq and Afghanistan have sought treatment at a \n        Department of Veterans Affairs hospital or medical clinic.\n            (10) The Independent Review Group on Rehabilitative Care \n        and Administrative Processes at Walter Reed Army Medical Center \n        and National Naval Medical Center identified traumatic brain \n        injury, post-traumatic stress disorder, increased survival of \n        severe burns, and traumatic amputations as the four signature \n        wounds of the current conflicts, and the Independent Review \n        Group report states that the recovery process ``can take months \n        or years and must accommodate recurring or delayed \n        manifestations of symptoms, extended rehabilitation and all the \n        life complications that emerge over time from such trauma''.\n    (b) Report Requirement.--Not later than 90 days after the date of \nthe enactment of this Act, the President, with contributions from the \nSecretary of Defense, the Secretary of State, and the Secretary of \nVeterans Affairs, shall submit to Congress a report containing an \nestimate of the long-term costs of Operation New Dawn (the successor \ncontingency operation to Operation Iraqi Freedom) and Operation \nEnduring Freedom for each the following scenarios:\n            (1) The scenario in which the number of members of the \n        Armed Forces deployed in support of Operation New Dawn and \n        Operation Enduring Freedom is reduced from roughly 190,000 in \n        2011 to 150,000 in 2012, 65,000 in 2013, and 30,000 by the \n        beginning of 2014, and remains at 30,000 through 2020.\n            (2) The scenario in which the number of members of the \n        Armed Forces deployed in support of Operation New Dawn and \n        Operation Enduring Freedom rises to approximately 235,000 in \n        2011, is reduced to 230,000 in 2012, 195,000 in 2013, 135,000 \n        in 2014, 80,000 in 2015, 60,000 in 2016, and remains at 60,000 \n        through 2020.\n            (3) An alternative scenario, determined by the President \n        and based on current contingency operation and withdrawal \n        plans, which takes into account expected force levels and the \n        expected length of time that members of the Armed Forces will \n        be deployed in support of Operation New Dawn and Operation \n        Enduring Freedom.\n    (c) Estimates To Be Used in Preparation of Report.--In preparing \nthe report required by subsection (b), the President shall make \nestimates and projections through at least fiscal year 2020, adjust any \ndollar amounts appropriately for inflation, and take into account and \nspecify each of the following:\n            (1) The total number of members of the Armed Forces \n        expected to be deployed in support of Operation New Dawn and \n        Operation Enduring Freedom, including--\n                    (A) the number of members of the Armed Forces \n                actually deployed in Southwest Asia in support of \n                Operation New Dawn and Operation Enduring Freedom;\n                    (B) the number of members of reserve components of \n                the Armed Forces called or ordered to active duty in \n                the United States for the purpose of training for \n                eventual deployment in Southwest Asia, backfilling for \n                deployed troops, or supporting other Department of \n                Defense missions directly or indirectly related to \n                Operation New Dawn or Operation Enduring Freedom; and\n                    (C) the break-down of deployments of members of the \n                regular and reserve components and activation of \n                members of the reserve components.\n            (2) The number of members of the Armed Forces, including \n        members of the reserve components, who have previously served \n        in support of Operation Iraqi Freedom, Operation New Dawn, or \n        Operation Enduring Freedom and who are expected to serve \n        multiple deployments.\n            (3) The number of contractors and private military security \n        firms that have been used and are expected to be used during \n        the course of Operation Iraqi Freedom, Operation New Dawn, and \n        Operation Enduring Freedom.\n            (4) The number of veterans currently suffering and expected \n        to suffer from post-traumatic stress disorder, traumatic brain \n        injury, or other mental injuries.\n            (5) The number of veterans currently in need of and \n        expected to be in need of prosthetic care and treatment because \n        of amputations incurred during service in support of Operation \n        Iraqi Freedom, Operation New Dawn, or Operation Enduring \n        Freedom.\n            (6) The current number of pending Department of Veterans \n        Affairs claims from veterans of military service in Iraq and \n        Afghanistan, and the total number of such veterans expected to \n        seek disability compensation from the Department of Veterans \n        Affairs.\n            (7) The total number of members of the Armed Forces who \n        have been killed or wounded in Iraq or Afghanistan, including \n        noncombat casualties, the total number of members expected to \n        suffer injuries in Iraq and Afghanistan, and the total number \n        of members expected to be killed in Iraq and Afghanistan, \n        including noncombat casualties.\n            (8) The amount of funds previously appropriated for the \n        Department of Defense, the Department of State, and the \n        Department of Veterans Affairs for costs related to Operation \n        Iraqi Freedom, Operation New Dawn, and Operation Enduring \n        Freedom, including an account of the amount of funding from \n        regular Department of Defense, Department of State, and \n        Department of Veterans Affairs budgets that has gone and will \n        go to costs associated with such operations.\n            (9) Current and future operational expenditures associated \n        with Operation New Dawn and Operation Enduring Freedom, \n        including--\n                    (A) funding for combat operations;\n                    (B) deploying, transporting, feeding, and housing \n                members of the Armed Forces (including fuel costs);\n                    (C) activation and deployment of members of the \n                reserve components of the Armed Forces;\n                    (D) equipping and training of Iraqi and Afghani \n                forces;\n                    (E) purchasing, upgrading, and repairing weapons, \n                munitions, and other equipment consumed or used in \n                Operation Iraqi Freedom, Operation New Dawn, or \n                Operation Enduring Freedom; and\n                    (F) payments to other countries for logistical \n                assistance in support of such operations.\n            (10) Past, current, and future costs of entering into \n        contracts with private military security firms and other \n        contractors for the provision of goods and services associated \n        with Operation Iraqi Freedom, Operation New Dawn, and Operation \n        Enduring Freedom.\n            (11) Average annual cost for each member of the Armed \n        Forces deployed in support of Operation Iraqi Freedom, \n        Operation New Dawn, or Operation Enduring Freedom, including \n        room and board, equipment and body armor, transportation of \n        troops and equipment (including fuel costs), and operational \n        costs.\n            (12) Current and future cost of combat-related special pays \n        and benefits, including reenlistment bonuses.\n            (13) Current and future cost of calling or ordering members \n        of the reserve components to active duty in support of \n        Operation New Dawn or Operation Enduring Freedom.\n            (14) Current and future cost for reconstruction, embassy \n        operations and construction, and foreign aid programs for Iraq \n        and Afghanistan.\n            (15) Current and future cost of bases and other \n        infrastructure to support members of the Armed Forces serving \n        in Iraq and Afghanistan.\n            (16) Current and future cost of providing health care for \n        veterans who served in support of Operation Iraqi Freedom, \n        Operation New Dawn, or Operation Enduring Freedom, including--\n                    (A) the cost of mental health treatment for \n                veterans suffering from post-traumatic stress disorder \n                and traumatic brain injury, and other mental problems \n                as a result of such service; and\n                    (B) the cost of lifetime prosthetics care and \n                treatment for veterans suffering from amputations as a \n                result of such service.\n            (17) Current and future cost of providing Department of \n        Veterans Affairs disability benefits for the lifetime of \n        veterans who incur disabilities while serving in support of \n        Operation Iraqi Freedom, Operation New Dawn, or Operation \n        Enduring Freedom.\n            (18) Current and future cost of providing survivors' \n        benefits to survivors of members of the Armed Forces killed \n        while serving in support of Operation Iraqi Freedom, Operation \n        New Dawn, or Operation Enduring Freedom.\n            (19) Cost of bringing members of the Armed Forces and \n        equipment back to the United States upon the conclusion of \n        Operation New Dawn and Operation Enduring Freedom, including \n        the cost of demobilization, transportation costs (including \n        fuel costs), providing transition services for members of the \n        Armed Forces transitioning from active duty to veteran status, \n        transporting equipment, weapons, and munitions (including fuel \n        costs), and an estimate of the value of equipment that will be \n        left behind.\n            (20) Cost to restore the military and military equipment, \n        including the equipment of the reserve components, to full \n        strength after the conclusion of Operation New Dawn or \n        Operation Enduring Freedom.\n            (21) Amount of money borrowed to pay for Operation Iraqi \n        Freedom, Operation New Dawn, and Operation Enduring Freedom, \n        and the sources of that money.\n            (22) Interest on money borrowed, including interest for \n        money already borrowed and anticipated interest payments on \n        future borrowing, for Operation Iraqi Freedom, Operation New \n        Dawn, and Operation Enduring Freedom.","title":""}
+{"_id":"c421","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``True Reciprocity Investment Act of \n2017''.\n\nSEC. 2. CONSIDERATION OF RECIPROCITY OF FOREIGN INVESTMENT.\n\n    Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) \nis amended by adding at the end the following:\n    ``(o) Consideration of Reciprocity of Foreign Investment.--\n            ``(1) Report required.--Not later than 30 days after the \n        date of the enactment of the True Reciprocity Investment Act of \n        2017, and annually thereafter, the United States Trade \n        Representative shall, in consultation with the Secretary of \n        Commerce and the Secretary of the Treasury, submit to the \n        appropriate congressional committees a report assessing the \n        extent to which the governments of foreign countries allow \n        investments by United States persons in those countries that \n        are similar to investments in the United States made by \n        entities organized under the laws of those countries.\n            ``(2) Elements.--The report required by paragraph (1) shall \n        include, with respect to each country that is a major trading \n        partner of the United States, the following:\n                    ``(A) A description of the laws, policies, and \n                practices of the country with respect to foreign \n                investment.\n                    ``(B) A comparison of such laws, policies, and \n                practices with the laws, policies, and practices of the \n                United States with respect to foreign investment.\n                    ``(C) An assessment of laws, policies, and \n                practices by the government of the country that \n                prohibit, restrict, or delay investment in the country \n                by United States persons.\n                    ``(D) An identification of which such laws, \n                policies, and practices have had the most significant \n                effect on investment in that country by United States \n                persons.\n                    ``(E) An identification of the industries in the \n                United States that have been most severely affected by \n                such laws, policies, and practices.\n                    ``(F) An assessment of the transparency of the \n                process for making such laws, policies, and practices.\n                    ``(G) If a bilateral investment treaty is in effect \n                between the United States and the country, an \n                assessment of the extent to which the government of the \n                country has complied with its obligations under the \n                treaty.\n                    ``(H) Recommendations with respect to what remedies \n                may be available to facilitate investment in the \n                country by United States persons.\n                    ``(I) An assessment of the amount of greenfield \n                investment in the United States by persons organized \n                under the laws of or otherwise subject to the \n                jurisdiction of the country.\n            ``(3) Determinations.--The report required by paragraph (1) \n        shall include the determination of the Trade Representative, \n        after consideration of the elements described in paragraph (2), \n        of whether each country that is a major trading partner of the \n        United States--\n                    ``(A) has high barriers to investment by United \n                States persons (to be known as a `high barrier \n                country');\n                    ``(B) has recently taken measures that constitute \n                barriers to investment by United States persons or has \n                indicated an intention to take such measures (to be \n                known as a `watch country'); or\n                    ``(C) has investment laws, policies, and practices \n                that should be monitored (to be known as a `monitor \n                country').\n            ``(4) Justification for transactions with high barrier \n        countries.--\n                    ``(A) In general.--If the Committee recommends that \n                the President not suspend or prohibit under subsection \n                (d) a covered transaction described in subparagraph \n                (B), the Committee shall include in the report required \n                by paragraph (1) an explanation of the reasons for \n                recommending that the President not suspend or prohibit \n                that transaction.\n                    ``(B) Covered transaction described.--A covered \n                transaction is described in this subparagraph if a \n                party to the transaction is organized under the laws of \n                or otherwise subject to the jurisdiction of a high \n                barrier country.\n            ``(5) Definitions.--In this subsection:\n                    ``(A) Appropriate congressional committees.--The \n                term `appropriate congressional committees' means--\n                            ``(i) the Committee on Banking, Housing, \n                        and Urban Affairs, the Committee on Finance, \n                        the Committee on Foreign Relations, and the \n                        Committee on Commerce, Science, and \n                        Transportation of the Senate; and\n                            ``(ii) the Committee on Financial Service, \n                        the Committee on Ways and Means, the Committee \n                        on Foreign Affairs, and the Committee on Energy \n                        and Commerce of the House of Representatives.\n                    ``(B) Greenfield investment.--The term `greenfield \n                investment' means an investment by a foreign person in \n                the United States under which the foreign person builds \n                operations and facilities in the United States instead \n                of purchasing or leasing existing facilities.\n                    ``(C) United states person.--The term `United \n                States person' means--\n                            ``(i) a United States citizen or an alien \n                        lawfully admitted for permanent residence to \n                        the United States; or\n                            ``(ii) an entity organized under the laws \n                        of the United States or of any jurisdiction \n                        within the United States, including a foreign \n                        branch of such an entity.''.\n\nSEC. 3. CONSIDERATION OF REPORT ON RECIPROCITY.\n\n    Section 721(f) of the Defense Production Act of 1950 (50 U.S.C. \n4565(f)) is amended--\n            (1) in paragraph (4)--\n                    (A) in subparagraph (A), by redesignating clauses \n                (i), (ii), and (iii) as subclauses (I), (II), and \n                (III), respectively, and by moving such subclauses, as \n                so redesignated, 2 ems to the right; and\n                    (B) by redesignating subparagraphs (A), (B), and \n                (C) as clauses (i), (ii), and (iii), respectively, and \n                by moving such clauses, as so redesignated, 2 ems to \n                the right;\n            (2) in paragraph (9), by redesignating subparagraphs (A), \n        (B), and (C) as clauses (i), (ii), and (iii), respectively, and \n        by moving such clauses, as so redesignated, 2 ems to the right;\n            (3) by redesignating paragraphs (1) through (11) as \n        subparagraphs (A) through (K), respectively, and by moving such \n        subparagraphs, as so redesignated, 2 ems to the right;\n            (4) in the matter preceding subparagraph (A), as \n        redesignated by paragraph (3), by striking ``may, taking into \n        account the requirements of national security, consider--'' and \n        inserting the following: ``, taking into account the \n        requirements of national security--\n            ``(1) may consider--'';\n            (5) in subparagraph (K), as redesignated by paragraph (3), \n        by striking the period at the end and inserting ``; and''; and\n            (6) by adding at the end the following:\n            ``(2) shall consider the findings in the most recent report \n        required by subsection (o) with respect to any foreign country \n        with jurisdiction over a party to the proposed or pending \n        transaction.''.","title":""}
+{"_id":"c422","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``True Understanding of the Economy \nand Safety Act'' or the ``TRUE Safety Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) the trucking industry is the backbone of the Nation's \n        economy, with nearly 7 million Americans working in trucking-\n        related jobs, including more than 3 million commercial truck \n        drivers;\n            (2) 80 percent of all communities in the United States \n        depend solely on trucks to deliver and supply their essential \n        everyday commodities;\n            (3) Federal regulations governing the hours of service for \n        commercial truck drivers must be based on full and fair \n        scientific research, analysis, and operational testing;\n            (4) the restart rule that became effective on July 1, 2013, \n        was based mainly on a one-month sleep study conducted in a \n        laboratory setting;\n            (5) the new restart rule will cost the trucking industry up \n        to $376,000,000 annually, reducing productivity, impacting \n        driver pay, and increasing the cost to deliver goods; and\n            (6) the restart rule should not have become effective prior \n        to completion of the thorough operational study required by \n        section 32301 of the Moving Ahead for Progress in the 21st \n        Century Act or MAP-21 (Public Law 112-141; 126 Stat. 786).\n\nSEC. 3. GAO ASSESSMENTS.\n\n    (a) Assessment of Methodology for MAP-21 Restart Study.--\n            (1) In general.--After completion of the field study and \n        submission of the report regarding such study by the \n        Administrator of the Federal Motor Carrier Safety \n        Administration, required by section 32301 of MAP-21, the \n        Comptroller General shall conduct an assessment of the \n        methodology followed by the Secretary of Transportation in \n        carrying out the efficacy of the restart rule published on \n        December 27, 2011.\n            (2) Purpose.--The purpose of the assessment shall be to \n        assess the extent to which the methodology meets the \n        requirement of MAP-21 that--\n                    (A) the data collected is representative of the \n                drivers subject to the restart rule;\n                    (B) the methodology is statistically valid; and\n                    (C) the study followed the plan for the \n                ``Scheduling and Fatigue Recovery Project'' developed \n                by the Federal Motor Carrier Safety Administration.\n    (b) Assessment of Regulatory Impact Analysis.--\n            (1) In general.--The Comptroller General shall conduct an \n        assessment of the Regulatory Impact Analysis that accompanied \n        the final rule published by the Department of Transportation in \n        the Federal Register on December 27, 2011, entitled ``Hours of \n        Service of Drivers'' (76 Fed. Reg. 81134).\n            (2) Purpose.--The purpose of the GAO assessment shall be--\n                    (A) to conduct an analysis of the methodology and \n                data used by the Federal Motor Carrier Safety \n                Administration in its Regulatory Impact Analysis;\n                    (B) to evaluate the validity and representativeness \n                of the driver data used to evaluate the operational and \n                economic impacts of the new 34-hour restart rule \n                applicable to operators of commercial motor vehicles;\n                    (C) to conduct an analysis of the data and \n                methodology used to develop the proposed safety and \n                health benefits of the new 34-hour restart rule \n                applicable to operators of commercial motor vehicles;\n                    (D) to review the safety, health, cost, and \n                operational implications of the restart rule, and the \n                potential impact of a greater number of commercial \n                motor vehicles on major roads during ``morning \n                commutes'' as a result of the restart rule; and\n                    (E) review the research used in developing and \n                justifying the new restart rule, particularly as it \n                relates to the use of a laboratory test to justify the \n                rule rather than an operational test in the field.\n    (c) Reports.--Not later than 1 year after the date of enactment of \nthis Act, the Comptroller General shall submit a final report to the \nappropriate committees of Congress on the assessments required under \nsubsections (a) and (b), including any recommendations.\n\nSEC. 4. DELAY IN APPLICATION OF RULE.\n\n    (a) Delay in Application of Rule.--Effective as of the date of \nenactment of this Act, the restart rule published by the Department of \nTransportation in the Federal Register on December 27, 2011, shall have \nno force or effect until 6 months after the study report required by \nthis Act has been submitted to Congress.\n    (b) Application of Previous Rule Provision.--For the period \nspecified under subsection (a), the 34-hour restart rule issued on \nApril 28, 2003 (68 Fed. Reg. 22456), shall be in effect.\n    (c) December 2011 Rule.--The Secretary shall not apply the rule \ndescribed in subsection (a) if the conclusions of the operational study \ncompleted pursuant to MAP-21 do not support or concur with the \nconclusions of the laboratory study on which the rule was based.","title":""}
+{"_id":"c423","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Truth in Video Game Rating Act''.\n\nSEC. 2. DECEPTIVE RATINGS OF VIDEO GAMES.\n\n    Not later than 1 year after the date of enactment of this Act, the \nFederal Trade Commission shall prescribe rules under section 553 of \ntitle 5, United States Code, to prohibit the following as an unfair and \ndeceptive act or practice prescribed pursuant to section 18(a)(1)(B) of \nthe Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)):\n            (1) Rating game only on partial content.--Such rules shall \n        prohibit any rating organization from assigning a content \n        rating to any video or computer game that is to bear a label \n        containing such content rating when sold or distributed in \n        interstate commerce unless such rating organization has \n        reviewed the playable content of the video or computer game in \n        its entirety.\n            (2) Withholding content for rating.--\n                    (A) In general.--Such rules shall prohibit any \n                person who produces, sells, or otherwise distributes \n                video or computer games in interstate commerce from \n                withholding or hiding any playable content of the video \n                or computer game from, or in any other manner failing \n                to disclose any playable content of a video or computer \n                game to, a rating organization.\n                    (B) Hidden content.--Such rules shall provide that \n                where, in the course of obtaining a content rating, a \n                person submits to a rating organization a video or \n                computer game that contains hidden content, that such \n                person also provide the rating organization with the \n                necessary codes or methods of accessing such hidden \n                content.\n            (3) Gross mischaracterization of content.--Such rules shall \n        prohibit any rating organization from providing a content \n        rating that grossly mischaracterizes (as defined by the \n        Commission in such rules) the content of the video or computer \n        game.\n\nSEC. 3. G.A.O. STUDY.\n\n    (a) Study.--The Comptroller General of the United States shall \nconduct a study to determine--\n            (1) the efficacy of the Entertainment Software Ratings \n        Board ratings system in assigning appropriate content ratings \n        to video and computer games, including ratings for online or \n        Internet-based games;\n            (2) whether content ratings systems, like that used by the \n        Entertainment Software Ratings Board, should be peer-reviewed;\n            (3) whether an independent ratings system, developed and \n        administered by persons or entities with no financial interest \n        in the video and computer game industry, would result in more \n        accurate and effective content ratings for video and computer \n        games than the rating system used by the Entertainment Software \n        Ratings Board; and\n            (4) the efficacy of a universal ratings system for visual \n        content, including films, broadcast and cable television and \n        video, and computer games.\n    (b) Report.--Not later than 180 days after the date of enactment of \nthis Act, the Comptroller General shall submit to Congress a report on \nthe findings of the study conducted pursuant to subsection (a). The \nreport shall contain recommendations regarding effective approaches to \nvideo and computer game content ratings that address the unique ratings \nchallenges of online and Internet-based video games.\n\nSEC. 4. DEFINITIONS.\n\n    In this Act:\n            (1) Content rating.--The term ``content rating'' means any \n        rating of the content of a video or computer game provided to \n        notify consumers of any content which may be offensive to \n        consumers or may not be suitable to persons of varying ages, \n        including such content as violence, graphic sexual content, \n        nudity, or strong language.\n            (2) Hidden content.--The term ``hidden content'' means any \n        playable content that may be disabled or blocked from a user of \n        the video or computer game so that it can be accessed only by \n        inputting a code or command or by altering the game's software \n        with a modification, patch, or similar tool, utility, or \n        method.\n            (3) Playable content.--The term ``playable content'', with \n        respect to video or computer games, means all of the scenes, \n        visual images, sounds, and words that a user can access after \n        installing the game on a computer, console, telecommunication \n        device, or similar technology, and includes hidden content.\n            (4) Rating organization.--The term ``rating organization'' \n        means the Entertainment Software Ratings Board or any other \n        independent organization that assigns content ratings for video \n        or computer games.\n            (5) Video or computer game.--The term ``video or computer \n        game'' means any product, whether distributed electronically or \n        through a tangible device, consisting of data, programs, \n        routines, instructions, applications, symbolic languages, or \n        similar electronic information that enables a user to interact \n        with a computer-controlled virtual environment for \n        entertainment purposes.","title":""}
+{"_id":"c424","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``U.S. Merchant Marine Academy Board \nof Visitors Enhancement Act''.\n\nSEC. 2. UNITED STATES MERCHANT MARINE ACADEMY BOARD OF VISITORS.\n\n    Section 51312 of title 46, United States Code, is amended to read \nas follows:\n``Sec. 51312. Board of Visitors\n    ``(a) In General.--A Board of Visitors to the United States \nMerchant Marine Academy (referred to in this section as the `Board' and \nthe `Academy', respectively) shall be established to provide \nindependent advice and recommendations on matters relating to the \nUnited States Merchant Marine Academy.\n    ``(b) Appointment and Membership.--\n            ``(1) In general.--Not later than 60 days after the date of \n        the enactment of the U.S. Merchant Marine Academy Board of \n        Visitors Enhancement Act, the Board shall be composed of--\n                    ``(A) 2 Senators appointed by the chairman, in \n                consultation with the ranking member, of the Committee \n                on Commerce, Science, and Transportation of the Senate;\n                    ``(B) 3 members of the House of Representatives \n                appointed by the chairman, in consultation with the \n                ranking member, of the Committee on Armed Services of \n                the House of Representatives;\n                    ``(C) 1 Senator appointed by the Vice President, \n                who shall be a member of the Committee on \n                Appropriations of the Senate;\n                    ``(D) 2 members of the House of Representatives \n                appointed by the Speaker of the House of \n                Representatives, in consultation with the Minority \n                Leader, at least 1 of whom shall be a member of the \n                Committee on Appropriations of the House of \n                Representatives;\n                    ``(E) the Commander of the Military Sealift \n                Command;\n                    ``(F) the Assistant Commandant for Prevention \n                Policy of the United States Coast Guard;\n                    ``(G) 4 individuals appointed by the President; and\n                    ``(H) as ex officio members--\n                            ``(i) the chairman of the Committee on \n                        Commerce, Science, and Transportation of the \n                        Senate;\n                            ``(ii) the chairman of the Committee on \n                        Armed Services of the House of Representatives;\n                            ``(iii) the chairman of the Advisory Board \n                        to the Academy established under section 51313; \n                        and\n                            ``(iv) the member of the House of \n                        Representatives in whose congressional district \n                        the Academy is located, as a non-voting member, \n                        unless such member of the House of \n                        Representatives is appointed as a voting member \n                        of the Board under subparagraph (B) or (D).\n            ``(2) Presidential appointees.--Of the individuals \n        appointed by the President under paragraph (1)(H)--\n                    ``(A) at least 2 shall be graduates of the Academy;\n                    ``(B) at least 1 shall be a senior corporate \n                officer from a United States maritime shipping company \n                that participates in the Maritime Security Program, or \n                in any Maritime Administration program providing \n                incentives for companies to register their vessels in \n                the United States, and this appointment shall rotate \n                biennially among such companies; and\n                    ``(C) 1 or more may be a Senate-confirmed \n                Presidential appointee, a member of the Senior \n                Executive Service, or an officer of flag-rank who from \n                the United States Coast Guard, the National Oceanic and \n                Atmospheric Administration, or any of the military \n                services that commission graduates of the Academy, \n                exclusive of the Board members described in \n                subparagraph (E), (F), or (G) of paragraph (1).\n            ``(3) Term of service.--Each member of the Board shall \n        serve for a term of 2 years commencing at the beginning of each \n        Congress, except that any member whose term on the Board has \n        expired shall continue to serve until a successor is \n        designated.\n            ``(4) Vacancies.--If a member of the Board is no longer \n        able to serve on the Board or resigns, the Designated Federal \n        Officer selected under subsection (g)(2) shall immediately \n        notify the official who appointed such member. Not later than \n        60 days after that notification, such official shall designate \n        a replacement to serve the remainder of such member's term.\n            ``(5) Current members.--Each member of the Board serving as \n        a member of the Board on the date of the enactment of the U.S. \n        Merchant Marine Academy Board of Visitors Enhancement Act shall \n        continue to serve on the Board for the remainder of such \n        member's term.\n            ``(6) Designation and responsibility of substitute board \n        members.--\n                    ``(A) Authority to designate.--A member of the \n                Board described in subparagraph (E), (F), or (G) of \n                paragraph (1) or subparagraph (B) or (C) of paragraph \n                (2) may, if unable to attend or participate in an \n                activity described in subsection (d), (e), or (f), \n                designate another individual to serve as a substitute \n                member of the Board, on a temporary basis, to attend or \n                participate in such activity.\n                    ``(B) Requirements.--A substitute member of the \n                Board designated under subparagraph (A) shall be--\n                            ``(i) an individual who has been appointed \n                        by the President and confirmed by the Senate;\n                            ``(ii) a member of the Senior Executive \n                        Service; or\n                            ``(iii) an officer of flag-rank who is \n                        employed by--\n                                    ``(I) the United States Coast \n                                Guard; or\n                                    ``(II) the Military Sealift \n                                Command.\n                    ``(C) Participation.--A substitute member of the \n                Board designated under subparagraph (A)--\n                            ``(i) shall be permitted to fully \n                        participate in the proceedings and activities \n                        of the Board;\n                            ``(ii) shall report back to the member on \n                        the Board's activities not later than 15 days \n                        following the substitute member's participation \n                        in such activities; and\n                            ``(iii) shall be permitted to participate \n                        in the preparation of reports described in \n                        paragraph (j) related to any proceedings or \n                        activities of the Board in which such \n                        substitute member participates.\n    ``(c) Chairperson.--\n            ``(1) In general.--On a biennial basis, the Board shall \n        select from among its members, a member of the House of \n        Representatives or a Senator to serve as the Chairperson.\n            ``(2) Rotation.--A member of the House of Representatives \n        and a member of the Senate shall alternately serve as the Chair \n        of the Board on a biennial basis.\n            ``(3) Term.--An individual may not serve as Chairperson for \n        more than 1 consecutive term.\n    ``(d) Meetings.--\n            ``(1) In general.--The Board shall meet several times each \n        year as provided for in the Charter described in paragraph \n        (2)(B), including at least 1 meeting held at the Academy.\n            ``(2) Selection and consideration.--Not later than 60 days \n        after the date of the enactment of the U.S. Merchant Marine \n        Academy Board of Visitors Enhancement Act, the Designated \n        Federal Officer selected under subsection (g)(2) shall organize \n        a meeting of the Board for the purposes of--\n                    ``(A) selecting a Chairperson; and\n                    ``(B) considering an official Charter for the \n                Board, which shall provide for the meeting of the Board \n                several times each year.\n    ``(e) Visiting the Academy.--\n            ``(1) Annual visit.--The Board shall visit the Academy \n        annually on a date selected by the Board, in consultation with \n        the Secretary of Transportation and the Superintendent of the \n        Academy.\n            ``(2) Other visits.--In cooperation with the \n        Superintendent, the Board or its members may make other visits \n        to the Academy in connection with the duties of the Board.\n            ``(3) Access.--While visiting the Academy under this \n        subsection, members of the Board shall have reasonable access \n        to the grounds, facilities, midshipmen, faculty, staff, and \n        other personnel of the Academy for the purpose of carrying out \n        the duties of the Board.\n    ``(f) Responsibility.--The Board shall inquire into the state of \nmorale and discipline, the curriculum, instruction, physical equipment, \nfiscal affairs, academic methods, and other matters relating to the \nAcademy that the Board decides to consider.\n    ``(g) Department of Transportation Support.--The Secretary of \nTransportation shall--\n            ``(1) provide support as deemed necessary by the Board for \n        the performance of the Board's functions;\n            ``(2) not later than 30 days after the date of the \n        enactment of the U.S. Merchant Marine Academy Board of Visitors \n        Enhancement Act, select a Designated Federal Officer to support \n        the performance of the Board's functions; and\n            ``(3) in cooperation with the Maritime Administrator and \n        the Superintendent of the Academy, advise the Board of any \n        institutional issues, consistent with applicable laws \n        concerning the disclosure of information.\n    ``(h) Staff.--Staff members may be designated to serve without \nreimbursement as staff for the Board by--\n            ``(1) the Chairperson of the Board;\n            ``(2) the chairman of the Committee on Commerce, Science, \n        and Transportation of the Senate; and\n            ``(3) the chairman of the Committee on Armed Services of \n        the House of Representatives.\n    ``(i) Travel Expenses.--While serving away from home or regular \nplace of business, a member of the Board or a staff member designated \nunder subsection (h) shall be allowed travel expenses, including per \ndiem in lieu of subsistence, as authorized under section 5703 of title \n5, United States Code.\n    ``(j) Reports.--\n            ``(1) Annual report.--Not later than 60 days after each \n        annual visit required under subsection (e)(1), the Board shall \n        submit to the President a written report of its actions, views, \n        and recommendations pertaining to the Academy.\n            ``(2) Other reports.--If the members of the Board visit the \n        Academy under subsection (e)(2), the Board may--\n                    ``(A) prepare a report on such visit; and\n                    ``(B) if approved by a majority of the members of \n                the Board, submit such report to the President not \n                later than 60 days after the date of the approval.\n            ``(3) Advisors.--The Board may call in advisers--\n                    ``(A) for consultation regarding the execution of \n                the Board's responsibility under subsection (f); or\n                    ``(B) to assist in the preparation of a report \n                described in paragraph (1) or (2).\n            ``(4) Submission.--A report submitted to the President \n        under paragraph (1) or (2) shall be concurrently submitted to--\n                    ``(A) the Secretary of Transportation;\n                    ``(B) the Committee on Commerce, Science, and \n                Transportation of the Senate; and\n                    ``(C) the Committee on Armed Services of the House \n                of Representatives.''.\n\n            Passed the Senate June 26, 2014.\n\n            Attest:\n\n                                                NANCY ERICKSON,\n\n                                                             Secretary.","title":""}
+{"_id":"c425","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Understanding the True Cost of \nCollege Act of 2012''.\n\nSEC. 2. INSTITUTION FINANCIAL AID OFFER FORM.\n\n    (a) Institution Financial Aid Offer Form.--Section 484 of the \nHigher Education Opportunity Act (20 U.S.C. 1092 note) is amended--\n            (1) by striking subsection (a) and inserting the following:\n    ``(a) Standard Format.--The Secretary of Education, in consultation \nwith the heads of relevant Federal agencies, shall develop a standard \nformat for financial aid offer forms based on recommendations from \nrepresentatives of students, students' families, institutions of higher \neducation, secondary school and postsecondary counselors, and nonprofit \nconsumer groups.'';\n            (2) by striking subsection (b) and inserting the following:\n    ``(b) Key Required Contents for Offer Form.--The standard format \ndeveloped under subsection (a) shall include, in a consumer-friendly \nmanner that is simple and understandable, the following items clearly \nseparated from each other and listed on the first page of the financial \naid offer form in either electronic or written format:\n            ``(1) Information on the student's cost of attendance based \n        on the most current costs for the academic period covered by \n        the financial aid offer form, including the following:\n                    ``(A) Tuition and fees, as determined under section \n                472 of the Higher Education Act of 1965 (20 U.S.C. \n                1087ll).\n                    ``(B) Room and board costs, as determined under \n                section 472 of the Higher Education Act of 1965 (20 \n                U.S.C. 1087ll).\n                    ``(C) Books and supplies, as determined under \n                section 472 of the Higher Education Act of 1965 (20 \n                U.S.C. 1087ll).\n                    ``(D) Transportation, as determined under section \n                472 of the Higher Education Act of 1965 (20 U.S.C. \n                1087ll).\n                    ``(E) Miscellaneous personal expenses, as \n                determined under section 472 of the Higher Education \n                Act of 1965 (20 U.S.C. 1087ll).\n            ``(2) The amount of financial aid that the student does not \n        have to repay, such as scholarships, grant aid offered under \n        title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et \n        seq.), or grant aid offered by the institution, a State, or an \n        outside source to the student for such academic period, \n        including a disclosure that the financial aid does not have to \n        be repaid and whether the student can expect to receive similar \n        amounts of such financial aid for each academic period the \n        student is enrolled at the institution.\n            ``(3) The net amount that the student, or the student's \n        family on behalf of the student, will have to pay for the \n        student to attend the institution for such academic period, \n        equal to--\n                    ``(A) the cost of attendance as described in \n                paragraph (1) for the student for such academic period, \n                minus\n                    ``(B) the amount of financial aid described in \n                paragraph (2) that is included in the financial aid \n                offer form.\n            ``(4) Work study assistance, including a disclosure that \n        the aid must be earned by the student and a disclosure that the \n        assistance offered is subject to the availability of employment \n        opportunities.\n            ``(5) The types and amounts of loans under part D or E of \n        title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a \n        et seq., 1087aa et seq.) that the institution recommends for \n        the student for such academic period, a disclosure that such \n        loans have to be repaid, a disclosure that the student can \n        borrow a lesser amount than the recommended loan amount, a \n        clear use of the word `loan' to describe the recommended loan \n        amounts, the interest rates, fees, the expected monthly \n        repayment amounts assuming a 10-year repayment plan, and the \n        total amounts the student will pay over the life of the loans.\n            ``(6) Where a student or the student's family can seek \n        additional information regarding the financial aid offered, \n        including contact information for the institution's financial \n        aid office and the Department of Education's website on \n        financial aid.\n            ``(7) A disclosure that Federal student loans offer \n        generally more favorable terms and beneficial repayment options \n        than private education loans so students should examine \n        available Federal student loan options before applying for \n        private education loans, and an explanation to be written by \n        the Secretary of Education, in consultation with the heads of \n        relevant Federal agencies, of the benefits unique to Federal \n        student loans, including various repayment plans, loan \n        forgiveness, and loan deferment, and the terms to examine \n        carefully if considering a private education loan.\n            ``(8) The deadline and summary of the process, if any, for \n        accepting the financial aid offered in the financial aid offer \n        form.\n            ``(9) The academic period covered by the financial aid \n        offer form and a clear indication whether the aid offered is \n        based on full-time or part-time enrollment.\n            ``(10) With respect to institutions where more than 30 \n        percent of enrolled students borrow loans to pay for their \n        education, the institution's most recent cohort default rate, \n        as defined in section 435(m) of the Higher Education Act of \n        1965 (20 U.S.C. 1085(m)), compared to the national average \n        cohort default rate.\n            ``(11) Any other information the Secretary of Education, in \n        consultation with the heads of relevant Federal agencies, \n        determines necessary so that students and parents can make \n        informed loan borrowing decisions, including quality metrics \n        such as percentage of students at the institution who take out \n        student loans and average debt at graduation for students at \n        the institution.''; and\n            (3) by adding at the end the following:\n    ``(c) Other Required Contents for the Offer Form.--The standard \nformat developed under subsection (a) shall also include the following \ninformation to be included on the financial aid offer form in a concise \nformat determined by the Secretary of Education, in consultation with \nthe heads of relevant Federal agencies:\n            ``(1) A concise summary of the terms and conditions of \n        financial aid recommended under paragraphs (2), (4), and (5) of \n        subsection (b) and a method to provide students with additional \n        information about such terms and conditions, such as links to \n        the supplementary information, including that the student may \n        be eligible for longer loan repayment terms.\n            ``(2) At the institution's discretion, additional options \n        for paying for the net amount listed in subsection (b)(3), such \n        as the amount recommended to be paid by the student or \n        student's family, Federal Direct PLUS Loans under section 455 \n        of the Higher Education Act of 1965 (20 U.S.C. 1087e), or \n        private education loans. If the institution recommends private \n        education loans, as defined in section 140 of the Truth in \n        Lending Act (15 U.S.C. 1650), the financial aid offer form \n        shall contain the additional following disclosures on the offer \n        form:\n                    ``(A) The availability of, and the student's \n                potential eligibility for, Federal financial assistance \n                under title IV of the Higher Education Act of 1965 (20 \n                U.S.C. 1070 et seq.).\n                    ``(B) The impact of a proposed private education \n                loan on the student's potential eligibility for other \n                financial assistance, including Federal financial \n                assistance under title IV of the Higher Education Act \n                of 1965 (20 U.S.C. 1070 et seq.).\n                    ``(C) The student's ability to select a private \n                educational lender of the student's choice.\n                    ``(D) The student's right to accept or reject a \n                private education loan within the 30-day period \n                following a private educational lender's approval of a \n                student's application and a student's 3-day right-to-\n                cancel period.\n                    ``(E) With respect to dependent students, any \n                reference to private education loans shall be \n                accompanied by information about the recommended family \n                contribution and the availability of, and terms and \n                conditions associated with, Federal Direct PLUS Loans \n                under section 455 of the Higher Education Act of 1965 \n                (20 U.S.C. 1087e) for the student's parents regardless \n                of family income, and of the student's increased \n                eligibility for Federal student loans under title IV of \n                the Higher Education Act of 1965 (20 U.S.C. 1070 et \n                seq.) if the student's parents are not able to borrow \n                under the Federal Direct PLUS Loan program.\n            ``(3) The following disclosures:\n                    ``(A) That the financial aid offer form only \n                contains information for 1 academic period and the \n                financial aid offered in following academic periods may \n                change, unless the institution is offering aid that \n                covers multiple academic periods.\n                    ``(B) How non-institutional scholarships awarded to \n                the student affect the financial aid package offered to \n                the student.\n                    ``(C) A concise summary of any Federal or \n                institutional conditions required to receive and renew \n                financial aid and a method to provide students with \n                additional information about these conditions, such as \n                links to the supplementary information.\n    ``(d) Additional Requirements for Financial Aid Offer Form.--In \naddition to the requirements listed under subsections (b) and (c), the \nfinancial aid offer form shall meet the following requirements:\n            ``(1) Clearly distinguish between the aid offered in \n        paragraphs (2), (4), and (5) of subsection (b), by including a \n        subtotal for the aid offered in each of such paragraphs and by \n        refraining from commingling the different types of aid \n        described in such paragraphs.\n            ``(2) Use standard definitions and names for the terms \n        described in subsection (b) that are developed by the Secretary \n        of Education in consultation with the heads of relevant Federal \n        agencies, representatives of institutions of higher education, \n        nonprofit consumer groups, students, and secondary school and \n        higher education guidance counselors, not later than 3 months \n        after the date of enactment of the Understanding the True Cost \n        of College Act of 2012.\n            ``(3) If an institution's recommended Federal student loan \n        aid offered in subsection (b)(5) is less than the Federal \n        maximum available to the student, the institution shall provide \n        additional information on Federal student loans, including the \n        types and amounts for which the student is eligible in an \n        attached document or webpage.\n            ``(4) Use standard formatting and design that the Secretary \n        of Education, in consultation with the heads of relevant \n        Federal agencies, representatives of institutions of higher \n        education, nonprofit consumer groups, students, and secondary \n        school and higher education guidance counselors determine is \n        appropriate to produce multiple draft financial aid offer \n        designs for consumer testing not later than 3 months after the \n        date of enactment of the Understanding the True Cost of College \n        Act of 2012 to ensure--\n                    ``(A) that figures described in paragraphs (1) \n                through (5) of subsection (b) are in the same font, \n                appear in the same order, and are displayed prominently \n                on the first page of the financial aid offer form \n                whether produced in written or electronic format; and\n                    ``(B) that the other information required in (b) \n                and (c) appears in a standard format and design on the \n                financial aid offer form.\n            ``(5) Include an attestation that the student has accessed \n        and read the financial aid offer form, if provided to the \n        student in electronic format.\n            ``(6) Include language developed by the Secretary of \n        Education, in consultation with the heads of relevant Federal \n        agencies, notifying eligible students that they may be eligible \n        for education benefits, and where they can locate more \n        information about such benefits, described in the following \n        provisions:\n                    ``(A) Chapter 30, 31, 32, 33, 34, or 35 of title \n                38, United States Code.\n                    ``(B) Chapter 101, 105, 106A, 1606, 1607, or 1608 \n                of title 10, United States Code.\n                    ``(C) Section 1784a, 2005, or 2007 of title 10, \n                United States Code.\n    ``(e) Additional Information.--Nothing in this section shall \npreclude an institution from supplementing the financial aid offer form \nwith additional information so long as such additional information \nsupplements the financial aid offer form and is not located on the \nfinancial aid offer form.\n    ``(f) Consumer Testing.--\n            ``(1) In general.--Not later than 3 months after the date \n        of enactment of the Understanding the True Cost of College Act \n        of 2012, the Secretary of Education, in consultation with the \n        heads of relevant Federal agencies, shall establish a process \n        to submit the financial aid offer form developed under this \n        section for consumer testing among representatives of students \n        (including low-income students, first generation college \n        students, adult students, and prospective students), students' \n        families (including low-income families, families with first \n        generation college students, and families with prospective \n        students), institutions of higher education, secondary school \n        and postsecondary counselors, and nonprofit consumer groups.\n            ``(2) Length of consumer testing.--The Secretary of \n        Education shall ensure that the consumer testing lasts no \n        longer than 6 months after the process for consumer testing is \n        developed under paragraph (1).\n            ``(3) Use of results.--The results of consumer testing \n        under paragraph (1) shall be used in the final development of \n        the financial aid offer form.\n            ``(4) Reporting requirement.--Not later than 3 months after \n        the date the consumer testing under paragraph (1) concludes, \n        the Secretary of Education shall submit to Congress the final \n        standard financial aid offer form and a report detailing the \n        results of such testing, including whether the Secretary added \n        any additional items to the standard financial aid offer form \n        pursuant to subsection (b)(10).\n            ``(5) Authority to modify.--The Secretary of Education may \n        modify the definitions, terms, formatting, and design of the \n        financial aid offer form based on the results of consumer \n        testing required under this subsection and before finalizing \n        the form.''.\n    (b) Mandatory Form.--Part B of title I of the Higher Education Act \nof 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the \nfollowing:\n\n``SEC. 124. USE OF MANDATORY FINANCIAL AID OFFER FORM.\n\n    ``(a) In General.--Notwithstanding any other provision of law, each \ninstitution of higher education that receives Federal financial \nassistance under this Act shall use the financial aid offer form \ndeveloped under section 484 of the Higher Education Opportunity Act (20 \nU.S.C. 1092 note) in providing written or electronic financial aid \noffers to students enrolled in, or accepted for enrollment in, the \ninstitution.\n    ``(b) Effective Date.--The requirement under subsection (a) shall \ntake effect 8 months after the Secretary of Education finalizes the \noffer form developed under section 484(a) of the Higher Education \nOpportunity Act (20 U.S.C. 1092 note).''.","title":""}
+{"_id":"c426","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``United Nations Rapid Deployment \nPolice and Security Force Act of 2000''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) United States Presidential Decision Directive 71 calls \n        for a stronger United States response to maintaining order in \n        societies recovering from conflict. It aims to improve \n        coordination of United States efforts and to enhance the \n        ability of other countries, the United Nations, and regional \n        organizations to plan, mount, and sustain operations in support \n        of the rule of law.\n            (2) In a press briefing on February 24, 2000, Secretary of \n        State Madeleine Albright stated the following: ``The recent \n        slowness in deploying desperately needed civilian police to \n        Kosovo provides only the latest evidence that present \n        international capabilities are not adequate. And the ongoing \n        deployment of CIVPOL teams to East Timor and Sierra Leone show \n        that the need will not soon diminish. In response, we must \n        recognize that old models of peacekeeping don't always meet \n        current challenges. Peace operations today often require skills \n        that are neither strictly military nor strictly police but, \n        rather, a combination of the two. The international community \n        needs to identify and train units that are able to control \n        crowds, deter vigilante actions, prevent looting and disarm \n        civilian agitators while, at the same time, winning the trust \n        of the communities in which they are deployed.''.\n            (3) In his April 2000 report, ``We the Peoples, The Role of \n        the United Nations in the 21st Century'', United Nations \n        Secretary General Kofi Annan states that only member nations of \n        the United Nations can fix the ``structural weakness of United \n        Nations peace operations . . . Our system for launching \n        operations has sometimes been compared to a volunteer fire \n        department, but that description is too generous. Every time \n        there is a fire, we must first find fire engines and the funds \n        to run them before we can start dousing any flames. The present \n        system relies almost entirely on last minute, ad hoc \n        arrangements that guarantee delay, with respect to the \n        provision of civilian personnel even more so than military. \n        Although we have understandings for military standby \n        arrangements with Member States, the availability of the \n        designated forces is unpredictable and very few are in a state \n        of high readiness. Resource constraints preclude us even from \n        being able to deploy a mission headquarters rapidly.''.\n            (4) The December 1999 United Nations ``Report on the \n        Independent Inquiry into the Actions of the United Nations \n        During the 1994 Genocide in Rwanda'' indicates that in April \n        1994, the United Nations Security Council failed to deploy \n        5,500 United Nations peacekeepers to Rwanda within two weeks of \n        the initial violence, thereby allowing the conflict to \n        escalate. The 6-month estimated cost of the deployment would \n        have been $115,000,000. Instead, the genocide consumed 800,000 \n        lives along with $2,000,000,000 in humanitarian aid.\n            (5) In Srebrenica, Bosnia, on July 11, 1995, Bosnian Serb \n        troops forced the retreat of Dutch United Nations peacekeepers \n        who were part of the United Nations Mission in Bosnia and \n        Herzegovina (UNMIBH) from a ``safe haven'', resulting in the \n        massacre of 7,000 Bosnian civilians and expulsion of 40,000 \n        Bosnian civilians.\n            (6) The United Nations peacekeeping budget estimate for the \n        United Nations Mission in Bosnia and Herzegovina from July 1, \n        1997, to June 30, 1998, was $165,600,000, while the North \n        Atlantic Treaty Organization (NATO)-sponsored intervention in \n        the Serbian province of Kosovo cost $37,000,000 per day.\n            (7) In July 1999, 4,700 civilian police officers were \n        requested to be deployed to the Serbian province of Kosovo but, \n        as of April 17, 2000, the United Nations has deployed only \n        2,901 of the requested police officers, resulting in the \n        breakdown of law and order and the escalation of unrest in \n        Kosovo.\n            (8) In May 2000, Revolutionary United Front rebels in \n        Sierra Leone, in violation of the ceasefire and peace accords, \n        captured and held prisoner approximately 500 United Nations \n        Mission in Sierra Leone (UNAMSIL) peacekeepers. The weapons, \n        equipment, and vehicles of the peacekeepers were also seized. \n        The UNAMSIL force had been deployed too slowly and was \n        undertrained and understaffed, consisting of only 8,700 \n        peacekeepers of the 11,000 peacekeepers requested by the United \n        Nations Security Council.\n            (9) On February 24, 2000, the United Nations Security \n        Council approved a United States-sponsored proposal to send \n        5,537 troops on an observer mission to the Democratic Republic \n        of the Congo (to be known as the United Nations Organization \n        Mission in the Democratic Republic of the Congo (MONUC)), a \n        Republic \\1\/3\\ the size of the United States, to monitor the \n        implementation of the Lusaka accords. However, it will take at \n        least three months to deploy the required forces. On April 25, \n        2000, South African Foreign Minister Dlamini-Zuma urged rapid \ndeployment of the troops and stated ``[i]f deployment is very slow [the \naccords] can fall apart . . . The troops should have been deployed a \nlong time ago.''.\n            (10) The United States has the power in the United Nations \n        Security Council to veto decisions that are not within the \n        national interests of the United States.\n\nSEC. 4. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND \n              SECURITY FORCE.\n\n    (a) Establishment.--The President shall direct the United States \nrepresentative to the United Nations to use the voice, vote, and \ninfluence of the United States to urge the United Nations--\n            (1) to establish a United Nations Rapid Deployment Police \n        and Security Force that is rapidly deployable, under the \n        authority of the United Nations Security Council, and trained \n        to standardized objectives;\n            (2) to recruit personnel to serve in this Force; and\n            (3) to provide equitable and reliable funding for the \n        United Nations Rapid Deployment Police and Security Force.\n    (b) Mission Statement.--The United Nations Rapid Deployment Police \nand Security Force should have a mission statement that provides for \nthe following:\n            (1) The United Nations Rapid Deployment Police and Security \n        Force will engage in operations when--\n                    (A) the United Nations Security Council determines \n                that an imminent threat to the peace requires a \n                preventive deployment of forces and the Security \n                Council deems it as an appropriate response;\n                    (B) the United Nations Security Council determines \n                ongoing gross violations of human rights or breaches of \n                the peace require rapid intervention by the \n                international community and the Security Council deems \n                it as an appropriate response;\n                    (C) peace has been restored to a region but the \n                rule of law has not yet been reestablished and when \n                national civilian police or United Nations member \n                nations personnel are not available and the Security \n                Council deems it as an appropriate response; or\n                    (D) the United Nations Rapid Deployment Police and \n                Security Force can utilize its personnel to help train \n                the military and civilian police of member nations of \n                the United Nations to better participate in \n                international peace operations.\n            (2) The United Nations Rapid Deployment Police and Security \n        Force will consist of not more than 6000 personnel who are--\n                    (A) placed under the authority of the United \n                Nations Security Council;\n                    (B) under the direction of the Secretary General of \n                the United Nations;\n                    (C) deployed only by United Nations Security \n                Council resolution;\n                    (D) volunteers from United Nations member nations \n                employed directly by the United Nations;\n                    (E) trained as a single unit, appropriately \n                equipped, expressly for international peace operations \n                including civilian policing; and\n                    (F) rapidly deployable.\n            (3) The United Nations Rapid Deployment Police and Security \n        Force will be organized as a sub-department within the United \n        Nations Department of Peacekeeping Operations or under the \n        control of the United Nations's Military Staff Committee and \n        will contain personnel trained as military staff officers and \n        civilian police officers to be deployed immediately to a \n        potential conflict area.\n            (4) The deployment of the United Nations Rapid Deployment \n        Police and Security Force will be limited to a maximum of 6 \n        months, at which time the Police and Security Force would be \n        replaced by personnel supplied by United Nations member \n        nations.\n            (5) The basing and infrastructure service of the United \n        Nations Rapid Deployment Police and Security Force will be \n        leased from existing member nations' institutions.\n\nSEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY \n              FORCE.\n\n    Not later than 1 year after the date of enactment of this Act, the \nPresident shall prepare and transmit to the Congress a report on the \nprogress of negotiations with the United Nations and its member nations \nregarding the creation of a United Nations Rapid Deployment Police and \nSecurity Force described in section 3.\n\nSEC. 6. DEFINITIONS.\n\n    In this Act:\n            (1) The term ``international peace operations'' means--\n                    (A) any such operation carried out under chapter VI \n                or chapter VII of the Charter of the United Nations; \n                and\n                    (B) any such United Nations operation that includes \n                civilian policing.\n            (2) The term ``rapidly deployable'' refers to the capacity \n        to deploy military or civilian personnel to a region undergoing \n        conflict within 15 days of the enactment of a United Nations \n        Security Council resolution authorizing a deployment.","title":""}
+{"_id":"c427","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``United Nations Rapid Deployment Act \nof 2001''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) The December 1999 United Nations ``Report on the \n        Independent Inquiry into the Actions of the United Nations \n        During the 1994 Genocide in Rwanda'' indicates that in April \n        1994, the United Nations Security Council failed to deploy \n        5,500 United Nations peacekeepers to Rwanda within two weeks of \n        the initial violence, thereby allowing the conflict to \n        escalate. The six-month estimated cost of the deployment would \n        have been $115,000,000. Instead, the genocide consumed 800,000 \n        lives along with $2,000,000,000 in humanitarian aid.\n            (2) The April 2000 report of the United Nations Secretary \n        General, ``We the Peoples, The Role of the United Nations in \n        the 21st Century'', states that only member nations of the \n        United Nations can fix the structural weakness of United \n        Nations peace operations. The report compares the current \n        system for launching peacekeeping operations to a volunteer \n        fire department that has to find fire engines and the funds to \n        run them before starting to douse any flames. The present \n        United Nations system relies almost entirely on last minute, ad \n        hoc arrangements that guarantee delay, with respect to the \n        provision of civilian personnel even more so than military \n        personnel. Availability and readiness of forces is very \n        unpredictable and constraints on resources preclude rapid \n        deployment.\n            (3) In August 2000, the specially-appointed panel on United \n        Nations Peace Operations issued its findings. Known as the \n        ``Brahimi Report'' (A\/55\/305; S\/2000\/809), the report concludes \n        that ``few of the basic building blocks are in place for the \n        United Nations to rapidly acquire and deploy the human and \n        material resources required to mount any complex peace \n        operation in the future''. These building blocks include a \n        standing police corps, a reserve corps of mission leadership, a \n        sufficient stockpile of equipment, and arrangements for \n        recruitment of civilian personnel. Furthermore, the report \n        encourages member nations to enter partnerships with one \n        another in the context of the United Nations Stand-by \n        Arrangements System (UNSAS). These partnerships would form the \n        basis for Rapid Deployment Brigades (RDBs), which would develop \n        the operational capabilities to fully deploy ``traditional'' \n        peacekeeping operations within 30 days of the adoption of an \n        authorizing Security Council resolution and to fully deploy \n        ``complex'' peacekeeping operations within 90 days of the \n        adoption of an authorizing Security Council resolution.\n            (4) Former United States Ambassador Richard C. Holbrooke, \n        speaking before the United Nations Security Council on November \n        15, 2000, stated that ``[u]nless we move decisively on \n        meaningful peacekeeping reform, those that threaten \n        peacekeepers across the globe may draw the conclusion that the \n        UN lacks the will, the cohesion and even the capability to \n        perform its essential peacekeeping function''.\n            (5) Both the nations of Europe and the United States have \n        recognized the value and need for rapidly deployable combat \n        units in response to a full spectrum of contingencies, \n        including peacekeeping and humanitarian operations, low-\n        intensity conflicts, and full-scale warfare. The European Union \n        has proposed forming a standing police force and rapid \n        deployment brigades as part of the European Defense Force, and \n        in the United States, the Department of Defense is establishing \n        interim brigade combat teams as part of the overall Army \n        transformation strategy.\n            (6) The United States' veto power in the United Nations \n        Security Council gives it the capacity to halt the deployment \n        of United Nations forces if the deployment is not in the \n        national interests of the United States.\n\nSEC. 3. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND \n              SECURITY FORCE.\n\n    (a) Establishment.--The President shall direct the United States \nrepresentative to the United Nations to use the voice, vote, and \ninfluence of the United States to urge the United Nations--\n            (1) to establish a United Nations Rapid Deployment Police \n        and Security Force (UNRDPSF) that--\n                    (A) is rapidly deployable under the authority of \n                the United Nations Security Council;\n                    (B) should be able to deploy within 15 days of a \n                United Nations Security Council resolution to establish \n                international peace operations;\n                    (C) is limited to a maximum deployment of six \n                months for any given mission;\n                    (D) should be deployed only when the United Nations \n                Security Council determines that violations of human \n                rights, breaches of the peace, or the failure to \n                restore the rule of law, requires rapid response to \n                ensure adherence to negotiated agreements to prevent or \nend hostilities;\n                    (E) should be composed of at least 6,000 volunteers \n                who train together and are appropriately equipped \n                expressly for international peace operations, including \n                civilian policing; and\n                    (F) should be given the authority to protect \n                itself, execute negotiated peace accords, disarm \n                combatants, protect civilians, detain war criminals, \n                restore the rule of law, and to carry out other \n                purposes as detailed in United Nations Security Council \n                resolutions;\n            (2) to recruit personnel to serve in the Force; and\n            (3) to provide equitable and reliable funding for the \n        Force.\n    (b) Definition.--In this section, the term ``international peace \noperations'' means any operation carried out under a United Nations \nSecurity Council resolution.\n\nSEC. 4. ESTABLISHMENT OF RAPID DEPLOYMENT BRIGADES.\n\n    In order to promote the development of human and material resources \nfor United Nations peacekeeping operations as recommended by the August \n2000 Report of the Panel on United Nations Peace Operations (A\/55\/305; \nS\/2000\/809), commonly known as the ``Brahimi Report'', the President--\n            (1) shall direct the Secretary of State and the United \n        States representative to the United Nations to encourage the \n        member nations of the United Nations to enter into partnerships \n        with one another, in the context of the United Nations Stand-by \n        Arrangements System (UNSAS), to form the basis for Rapid \n        Deployment Brigades, which would develop the operational \n        capabilities to fully deploy ``traditional'' peacekeeping \n        operations within 30 days of the adoption of a Security Council \n        resolution and ``complex'' peacekeeping operations within 90 \n        days of the adoption of a Security Council resolution; and\n            (2) shall direct the Secretary of Defense to undertake a \n        study, not later than six months after the date of the \n        enactment of this Act, to determine the advisability of and the \n        feasibility of using interim combat brigade teams as part of \n        Rapid Deployment Brigades as described in paragraph (1).\n\nSEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT.\n\n    Not later than one year after the date of enactment of this Act, \nthe President shall prepare and transmit to the Congress a report on--\n            (1) the status of negotiations to establish a United \n        Nations Rapid Deployment Police and Security Force (UNRDPSF) in \n        accordance with section 3;\n            (2) the status of United States activities to encourage \n        member nations of the United Nations to establish Rapid \n        Deployment Brigades in accordance with section 4(1); and\n            (3) the results of the study conducted under section 4(2).","title":""}
+{"_id":"c428","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``United States Commission on \nInternational Religious Freedom Reform and Reauthorization Act of \n2014''.\n\nSEC. 2. ESTABLISHMENT AND COMPOSITION.\n\n    (a) Leadership.--Subsection (d) of section 201 of the International \nReligious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended to read as \nfollows:\n    ``(d) Election of Chair.--At the first meeting of the Commission \nafter May 30 of each year, a majority of the Members of the Commission \npresent and voting shall elect the Chair and Vice Chair of the \nCommission, subject to the following requirements:\n            ``(1) Initial elections.--At the first meeting of the \n        Commission after May 30, 2015, the Members of the Commission \n        shall elect as Chair a Commissioner appointed by an elected \n        official of the political party that is not the political party \n        of the President, and as Vice Chair a Commissioner appointed by \n        an elected official of the political party of the President.\n            ``(2) Future elections.--At the first meeting of the \n        Commission after May 30, 2016, the Members of the Commission \n        shall elect as Chair a Commissioner appointed by an elected \n        official of the political party of the President, and as Vice \n        Chair a Commissioner appointed by an elected official of the \n        political party that is not the political party of the \n        President. Thereafter, positions of Chair and Vice Chair shall \n        continue to rotate on an annual basis between Commissioners \n        appointed by elected officials of each political party.\n            ``(3) Term limits.--No Member of the Commission is eligible \n        to be elected as Chair of the Commission for a second term, and \n        no Member of the Commission is eligible to be elected as Vice \n        Chair of the Commission for a second term.''.\n    (b) Attendance at Meetings of Ambassador at Large for International \nReligious Freedom.--Subsection (f) of such section (22 U.S.C. 6431(f)) \nis amended by adding at the end the following: ``The Ambassador at \nLarge shall be given advance notice of all Commission meetings and may \nattend all Commission meetings as a non-voting Member of the \nCommission.''.\n    (c) Appointments in Cases of Vacancies.--Subsection (g) of such \nsection (22 U.S.C. 6431(g)) is amended by striking the second sentence.\n\nSEC. 3. POWERS OF THE COMMISSION.\n\n    Section 203(e) of the International Religious Freedom Act of 1998 \n(22 U.S.C. 6432a) is amended to read as follows:\n    ``(e) Views of the Commission.--The Members of the Commission may \nspeak in their capacity as private citizens. Statements on behalf of \nthe Commission shall be issued in writing over the names of the \nMembers. Members of the Commission shall make every effort to reach \nconsensus on all statements on behalf of the Commission, including \ntestimony, press releases, and articles by Commissioners or Commission \nstaff. When a statement supported by all Commissioners is not possible, \nthe Commission shall issue a statement only if such statement is \napproved by an affirmative vote of at least six of the nine Members of \nthe Commission and each Member of the Commission may include the \nindividual or dissenting views of the Member. The Commission shall in \nits written statements clearly describe its statutory authority, \ndistinguishing that authority from that of appointed or elected \nofficials of the United States Government. Oral statements, where \npracticable, shall include a similar description.''.\n\nSEC. 4. COMMISSION PERSONNEL MATTERS.\n\n    (a) Staff Directors.--Section 204 of the International Religious \nFreedom Act of 1998 (22 U.S.C. 6432b) is amended by striking \nsubsections (a), (b), and (c) and inserting the following new \nsubsections:\n    ``(a) Committee Functions.--Subject to subsection (c), the \nCommission may appoint and fix the pay of such staff personnel as it \ndeems desirable. All decisions pertaining to the hiring, firing, and \nfixing of pay of personnel of the Commission shall be by an affirmative \nvote of at least six of the nine Members of the Commission, except \nthat--\n            ``(1) Members of the Commission appointed by an elected \n        official of the political party of the President, by a majority \n        vote thereof, shall be entitled to appoint, terminate, and fix \n        the pay of a Majority Staff Director and shall have the \n        authority to appoint, terminate, and fix the pay of three \n        professional staff members who shall be responsible to the \n        Members of the Commission of the political party of the \n        President; and\n            ``(2) Members of the Commission appointed by an elected \n        official of the political party that is not the political party \n        of the President, by a majority vote thereof, shall be entitled \n        to appoint, terminate, and fix the pay of a Minority Staff \n        Director and shall have the authority to appoint, terminate, \n        and fix the pay of three professional staff members who shall \n        be responsible to the Members of the Commission of the \n        political party that is not the political party of the \n        President.\n    ``(b) Staff Appointments and Compensation.--All staff appointments \nshall be made without regard to the provisions of chapter 51 and \nsubchapter III of chapter 53 of title 5 relating to classification of \npositions and General Schedule pay rates, except that the rate of pay \nfor the Majority Staff Director, Minority Staff Director, and other \npersonnel may not exceed the rate payable for level V of the Executive \nSchedule under section 5316 of such title.\n    ``(c) Qualifications of Professional Staff.--The Commission shall \nensure that the professional staff of the Commission consists of \npersons with expertise in areas relevant to the issue of international \nreligious freedom, including foreign affairs, direct experience abroad, \nhuman rights, and international law.''.\n    (b) Conforming Amendments.--Subsection (e) of such section (22 \nU.S.C. 6432b(e)) is amended by striking ``The Executive Director'' both \nplaces it appears and inserting ``The Majority Staff Director and the \nMinority Staff Director''.\n\nSEC. 5. REPORT OF COMMISSION.\n\n    (a) Report Publication Date.--Section 205(a) of the International \nReligious Freedom Act of 1998 (22 U.S.C. 6433(a)) is amended by \nstriking ``Not later than May 1 of each year'' and inserting ``Each \nyear, not earlier than 30 days after, and not later than 90 days after, \nthe publication of the Department of State's Annual Report on \nInternational Religious Freedom''.\n    (b) Consensus on Reports.--Section 205(c) of the International \nReligious Freedom Act of 1998 (22 U.S.C. 6433(c)) is amended to read as \nfollows:\n    ``(c) Individual or Dissenting Views.--Members of the Commission \nshall make every effort to reach consensus on the report. When a report \nsupported by all Commissioners is not possible, the report shall be \napproved by an affirmative vote of at least six of the nine Members of \nthe Commission and each Member of the Commission may include the \nindividual or dissenting views of the Member.''.\n\nSEC. 6. AUTHORIZATION OF APPROPRIATIONS.\n\n    Section 207(a) of the International Religious Freedom Act of 1998 \n(22 U.S.C. 6435(a)) is amended by striking ``2014'' and inserting \n``2016''.\n\nSEC. 7. TERMINATION.\n\n    Section 209 of the International Religious Freedom Act of 1998 (22 \nU.S.C. 6436) is amended by striking ``September 30, 2014'' and \ninserting ``September 30, 2016''.","title":""}
+{"_id":"c429","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``United States Mariner and Vessel \nProtection Act of 2009''.\n\nSEC. 2. PURPOSE.\n\n    The purpose of the Act is to assist in the defense of United \nStates-flag vessels against piracy and to ensure the traditional right \nof self-defense of those vessels against piracy.\n\nSEC. 3. USE OF MARITIME SAFETY AND SECURITY TEAMS TO DEFEND UNITED \n              STATES-FLAG VESSELS IN INTERNATIONAL WATERS.\n\n    Section 70106 of title 46, United States Code, is amended by adding \nat the end the following:\n    ``(d) International Deployment.--\n            ``(1) In general.--In addition to authorities provided \n        under this section, the Commandant of the Coast Guard may \n        deploy a maritime safety and security team on a temporary \n        basis, not to exceed six months, to deter, protect against, and \n        rapidly respond to acts of piracy against vessels (as defined \n        in section 70122) in international waters.\n            ``(2) Notification of congress.--The Commandant shall \n        notify the Committee on Transportation and Infrastructure of \n        the House of Representatives and the Committee on Commerce, \n        Science, and Transportation of the Senate not later than 10 \n        days after the deployment of a maritime safety and security \n        team authorized under this subsection.''.\n\nSEC. 4. AUTHORITY TO USE FORCE.\n\n    (a) In General.--Chapter 701 of title 46, United States Code, is \namended by adding at the end the following new section:\n``Sec. 70122. Authority to use force\n    ``(a) In General.--The Secretary shall issue regulations \nestablishing standards and circumstances under which an individual is \nauthorized to use force (including lethal force) against an individual \nin the defense of a vessel against piracy.\n    ``(b) Limitation on Liability.--\n            ``(1) Liability of owners, operators and masters.--An \n        owner, operator, time charterer, or master of vessel shall not \n        be liable for damages in any action brought in a Federal or \n        State court arising out of the use of force authorized under \n        regulations under subsection (a), including the use of or \n        failure to use a firearm so authorized.\n            ``(2) Liability of an individual.--An individual shall not \n        be liable for damages in any action brought in a Federal or \n        State court arising out of use of force authorized under \n        regulations under subsection (a) by that individual unless the \n        individual is grossly negligent or engages in willful \n        misconduct.\n            ``(3) Liability of federal government.--For purposes of an \n        action against the United States with respect to an act or \n        omission arising out of a use of force authorized under \n        regulations under subsection (a), an individual shall be \n        treated as an employee of the Federal Government under chapter \n        171 of title 28, relating to tort claims procedure.\n            ``(4) Limitation on application.--The limitations on \n        liability described in paragraphs (1), (2), and (3) apply only \n        if the individual who uses force authorized under regulations \n        under subsection (a)--\n                    ``(A) holds a license issued under section 7101 or \n                a merchant mariner document issued under section 7301; \n                and\n                    ``(B) in a case in which the use of force included \n                the use of a firearm, has completed training certified \n                by the Coast Guard for use of firearms aboard vessels.\n    ``(c) Vessel Defined.--For purposes of this section, the term \n`vessel' means a vessel for which the Secretary has issued a \ncertificate of inspection under section 3309 and that is operating in \nwaters designated by the Secretary as high-risk waters.''.\n    (b) Clerical Amendment.--The analysis at the beginning of such \nchapter is amended by adding at the end the following new item:\n\n``70122. Authority to use force.''.\n    (c) Deadlines.--The Secretary of the department in which the Coast \nGuard is operating shall--\n            (1) no later than 3 months after the date of enactment of \n        this Act, issue regulations under section 70122(a) of title 46, \n        United States Code, as amended by this section; and\n            (2) in consultation with the Secretary of Defense and no \n        later than 6 months after the date of enactment of this Act, \n        issue regulations to certify, for purposes of section \n        70122(b)(4)(B) of such title, courses to train on a recurrent \n        basis individuals who hold a license issued under section 7101 \n        or a merchant mariner document issued under section 7301 in the \n        use of firearms aboard vessels.\n\nSEC. 5. AGREEMENTS.\n\n    To carry out the purpose of this Act, the Secretary of the \ndepartment in which the Coast Guard is operating shall work through the \nInternational Maritime Organization to establish agreements to promote \ncoordinated action among flag and port states to deter, protect \nagainst, and rapidly respond to acts of piracy against the vessels of, \nand in the waters under the jurisdiction of, those nations, and to \nensure limitations on liability similar to those established by section \n70122 of title 46, United States Code, as amended by this Act.","title":""}
+{"_id":"c43","text":"SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.\n\n    (a) In General.--Section 926A of title 18, United States Code, is \namended to read as follows:\n``Sec. 926A. Interstate transportation of firearms or ammunition\n    ``(a) Notwithstanding any provision of any law, rule, or regulation \nof a State or any political subdivision thereof:\n            ``(1) A person who is not prohibited by this chapter from \n        possessing, transporting, shipping, or receiving a firearm or \n        ammunition shall be entitled to transport a firearm for any \n        lawful purpose from any place where the person may lawfully \n        possess, carry, or transport the firearm to any other such \n        place if, during the transportation, the firearm is unloaded, \n        and--\n                    ``(A) if the transportation is by motor vehicle, \n                the firearm is not directly accessible from the \n                passenger compartment of the vehicle, and, if the \n                vehicle is without a compartment separate from the \n                passenger compartment, the firearm is in a locked \n                container other than the glove compartment or console, \n                or is secured by a secure gun storage or safety device; \n                or\n                    ``(B) if the transportation is by other means, the \n                firearm is in a locked container or secured by a secure \n                gun storage or safety device.\n            ``(2) A person who is not prohibited by this chapter from \n        possessing, transporting, shipping, or receiving a firearm or \n        ammunition shall be entitled to transport ammunition, or any \n        detachable magazine or feeding device for ammunition, for any \n        lawful purpose from any place where the person may lawfully \n        possess, carry, or transport the ammunition, magazine, or \n        feeding device to any other such place if, during the \n        transportation, the ammunition, magazine, or feeding device is \n        not loaded into a firearm, and--\n                    ``(A) if the transportation is by motor vehicle, \n                the ammunition, magazine, or feeding device is not \n                directly accessible from the passenger compartment of \n                the vehicle, and, if the vehicle is without a \n                compartment separate from the passenger compartment, \n                the ammunition, magazine, or feeding device is in a \n                locked container other than the glove compartment or \n                console; or\n                    ``(B) if the transportation is by other means, the \n                ammunition, magazine, or feeding device is in a locked \n                container.\n    ``(b) In subsection (a), the term `transport' includes staying in \ntemporary lodging overnight, stopping for food, fuel, vehicle \nmaintenance, an emergency, medical treatment, and any other activity \nincidental to the transport, but does not include transportation--\n            ``(1) with the intent to commit a crime punishable by \n        imprisonment for a term exceeding one year that involves the \n        use or threatened use of force against another; or\n            ``(2) with knowledge, or reasonable cause to believe, that \n        such a crime is to be committed in the course of, or arising \n        from, the transportation.\n    ``(c)(1) A person who is transporting a firearm, ammunition, \nmagazine, or feeding device may not be arrested or otherwise detained \nfor violation of any law or any rule or regulation of a State or any \npolitical subdivision thereof related solely to the possession, \ntransportation, or carrying of firearms, ammunition, magazine, or \nfeeding device unless there is probable cause to believe that the \nperson is doing so in a manner not provided for in subsection (a).\n    ``(2) When a person asserts this section as a defense in a criminal \nproceeding, the prosecution shall bear the burden of proving, beyond a \nreasonable doubt, that the conduct of the person did not satisfy the \nconditions set forth in subsection (a).\n    ``(3) When a person successfully asserts this section as a defense \nin a criminal proceeding, the court shall award the prevailing \ndefendant a reasonable attorney's fee.\n    ``(d)(1) A person who is deprived of any right, privilege, or \nimmunity secured by this section, section 926B or 926C, under color of \nany statute, ordinance, regulation, custom, or usage of any State or \nany political subdivision thereof, may bring an action in any \nappropriate court against any other person, including a State or \npolitical subdivision thereof, who causes the person to be subject to \nthe deprivation, for damages and other appropriate relief.\n    ``(2) The court shall award a plaintiff prevailing in an action \nbrought under paragraph (1) damages and such other relief as the court \ndeems appropriate, including a reasonable attorney's fee.''.\n    (b) Clerical Amendment.--The table of sections for such chapter is \namended in the item relating to section 926A by striking ``firearms'' \nand inserting ``firearms or ammunition''.","title":""}
+{"_id":"c430","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``United States Secret Service \nAccountability and Improvement Act of 2014''.\n\nSEC. 2. FINDINGS.\n\n    (a) In General.--Congress finds the following:\n            (1) Several recent failures have drawn negative attention \n        to the protective mission of the United States Secret Service. \n        Such key failures include lapses in responding appropriately to \n        potential threats to the White House complex, United States \n        Secret Service personnel exhibiting conduct that is unbecoming \n        to the Service in several instances, and reports of United \n        States Secret Service personnel misusing the authorities and \n        resources of the Service.\n            (2) For example, on September 19, 2014, an individual \n        obtained unauthorized access to the White House. Such access \n        was obtained after failures in five security layers by the \n        United States Secret Service. In another example, on November \n        11, 2011, an individual fired multiple shots from a \n        semiautomatic rifle at the White House complex. It was revealed \n        that a total of seven bullets struck the exterior of the \n        building. The Service failed to fully investigate the incident \n        in a timely manner or to disclose it.\n            (3) On March 23, 2014, a Special Agent assigned to the \n        Counter Assault Team was found intoxicated to the point of \n        unconsciousness in a hotel in Amsterdam in advance of a \n        Presidential visit. In another example, on April 11, 2012, \n        conduct unbecoming to United States Secret Service personnel \n        was exhibited before a Presidential visit to Cartagena, \n        Columbia. Nine personnel were involved in serious misconduct.\n            (4) Surveillance personnel from the Washington field office \n        were diverted in 2011 from supporting the protective mission at \n        the request of senior leadership in order to provide protection \n        to a United States Secret Service employee at her home \n        following a neighborhood dispute. Such a diversion was outside \n        the scope of the Service's duties and violated the Standards of \n        Ethical Conduct for Employees of the Executive Branch.\n    (b) Further Findings.--Congress further finds that the protection \nof the President, Vice President, First and Second Families, and former \nPresidents is a matter of national security. Any issues that distract \nfrom the protective mission of the United States Secret Service are a \nthreat to the national security of the United States.\n\nSEC. 3. ESTABLISHMENT.\n\n    There is established in the legislative branch an independent \nadvisory panel to--\n            (1) examine the efficiency and effectiveness of the \n        leadership structure, protocols, training, tools, and \n        capabilities of the Department of Homeland Security's mission \n        to protect national leaders, visiting heads of state and \n        government, designated sites, and special events of national \n        significance (in accordance with paragraph (1) of section \n        3056(e) of title 18 United States Code); and\n            (2) make recommendations to improve the overall efficiency \n        and effectiveness of the United States Secret Service.\n\nSEC. 4. MEMBERSHIP.\n\n    (a) In General.--The independent advisory panel (in this Act \nreferred to as the ``Panel'') established pursuant to section 3 shall \nbe composed of eight members, as follows:\n            (1) Two members shall be appointed by the Speaker of the \n        House of Representatives, in coordination with the chairs of \n        the Committee on the Judiciary and the Committee on Homeland \n        Security of the House of Representatives. Only one of such \n        members may be from the same political party as the Speaker of \n        the House of Representatives.\n            (2) Two members shall be appointed by the majority leader \n        of the Senate, in coordination with the chairs of the Committee \n        on the Judiciary and the Committee on Homeland Security and \n        Governmental Affairs of the Senate. Only one of such members \n        may be from the same political party as the majority leader of \n        the Senate.\n            (3) One member shall be appointed by the minority leader of \n        the House of Representatives, in coordination with the ranking \n        members of the Committee on the Judiciary and the Committee on \n        Homeland Security of the House of Representatives.\n            (4) One member shall be appointed by the minority leader of \n        the Senate, in coordination with the ranking members of the \n        Committee on the Judiciary and the Committee on Homeland \n        Security and Governmental Affairs of the Senate.\n            (5) Two members shall be appointed by the President, in \n        consultation with the Secretary of Homeland Security. Only one \n        of such members may be from the same political party as the \n        President.\n    (b) Prohibition.--Except as provided in subsection (a), members of \nthe Panel may not be current appointees of the President's \nAdministration or Members of Congress, in order to ensure objectivity \nof the Panel's assessments. No member may be or have been an employee \nof the United States Secret Service at any point in their career.\n    (c) Deadline for Appointments.--All appointments to the Panel shall \nbe made not later than 90 days after the date of the enactment of this \nAct.\n    (d) Co-Chairs.--The Panel shall have two co-chairs, as follows:\n            (1) A co-chair who shall be a member of the Panel \n        designated by the Speaker of the House of Representatives.\n            (2) A co-chair who shall be a member of the Panel \n        designated by the majority leader of the Senate.\n    (e) Vacancy.--In the event of a vacancy on the Panel, the \nindividual appointed to fill the vacant seat shall be--\n            (1) subject to paragraph (2), appointed by the same officer \n        (or the officer's successor) who made the appointment to the \n        seat when the Panel was first established; or\n            (2) if the officer's successor is of a party other than the \n        party of the officer who made the initial appointment when the \n        Panel was first established, chosen in consultation with the \n        senior officers of the House of Representatives and the Senate \n        of the party which is the party of the officer who made such \n        initial appointment.\n    (f) Government Employees.--Members of the Panel who are officers or \nemployees of the Federal Government shall serve without additional pay \n(or benefits in the nature of compensation) for service as a member of \nthe Panel.\n    (g) Initial Meeting.--The Panel shall meet and begin the operations \nof the Panel not later than 60 days after the appointment of all Panel \nmembers under subsection (a).\n\nSEC. 5. DUTIES.\n\n    The Panel shall assess the current leadership structure, protocols, \ntraining, tools, and capabilities of the United States Secret Service, \nincluding assessing--\n            (1) the unity of effort between the divisions of the United \n        States Secret Service, law enforcement agencies, and other \n        components of the Department of Homeland Security related to \n        the protective and investigative missions, including whether \n        mission duplication with other Federal entities exists;\n            (2) the impact of United States Secret Service personnel \n        culture on the effectiveness and efficiency of the Service, \n        including Special Agent and Uniformed Division retention;\n            (3) the impact any leadership or security deficiencies have \n        on the threat from acts of terrorism or other security \n        incidents;\n            (4) identification of all security breaches at locations \n        under United States Secret Service protection in the past five \n        years;\n            (5) the extent to which current resources provide for \n        accomplishing the mission of the United States Secret Service;\n            (6) the effectiveness of communications and dissemination \n        of homeland security information within the United States \n        Secret Service and with other law enforcement entities in \n        routine as well as emergency situations; and\n            (7) any necessary recommendations for congressional \n        consideration.\n\nSEC. 6. POWERS AND AUTHORITIES.\n\n    (a) In General.--The Panel or, on the authority of the Panel, any \nportion thereof, may, for the purpose of carrying out this section--\n            (1) hold such hearings and sit and act at such times and \n        places, take such testimony, receive such evidence, administer \n        such oaths (provided that the quorum for a hearing shall be two \n        members of the Panel); and\n            (2) subject to subsection (b), require by subpoena or \n        otherwise provide for the attendance and testimony of such \n        witnesses and the production of such books, records, \n        correspondence, memoranda, papers, and documents, as the Panel, \n        or such portion thereof, may determine advisable.\n    (b) Open to the Public.--Hearings and other activities conducted \nunder subsection (a) shall be open to the public unless the Panel, or, \non the authority of the Panel, any portion thereof, determines that \nsuch is not appropriate, including for reasons relating to the \ndisclosure of information or material regarding the national security \ninterests of the United States or the disclosure of sensitive law \nenforcement data.\n    (c) Subpoenas.--\n            (1) Issuance.--\n                    (A) In general.--A subpoena may be issued under \n                this subsection only--\n                            (i) by the two co-chairs; or\n                            (ii) by the affirmative recorded vote of \n                        six members of the Panel.\n                    (B) Signature.--Subpoenas issued under this \n                subsection may be--\n                            (i) issued under the signature of the two \n                        co-chairs or any member designated by a \n                        majority of the Panel; and\n                            (ii) served by any person designated by the \n                        two co-chairs or by any member designated by a \n                        majority of the Panel.\n            (2) Enforcement.--\n                    (A) In general.--In the case of contumacy or \n                failure to obey a subpoena issued under this \n                subsection, the United States district court for the \n                judicial district in which the subpoenaed person \n                resides, is served, or may be found, or where the \n                subpoena is returnable, may issue an order requiring \n                such person to produce documentary or other evidence. \n                Any failure to obey the order of the court may be \n                punished by the court as contempt of that court.\n                    (B) Additional enforcement.--In the case of any \n                failure of any witness to comply with any subpoena, the \n                Panel may, by majority vote, certify a statement of \n                fact constituting such failure to the appropriate \n                United States attorney, who may bring the matter before \n                a grand jury for its action, under the same statutory \n                authority and procedures as if the United States \n                attorney had received a certification under sections \n                102 through 104 of the Revised Statutes of the United \n                States (2 U.S.C. 192 through 194).\n    (d) Personnel.--\n            (1) In general.--The Panel shall have the authorities \n        provided in section 3161 of title 5, United States Code, and \n        shall be subject to the conditions specified in such section, \n        except to the extent that such conditions would be inconsistent \n        with the requirements of this section.\n            (2) Compensation.--The co-chairs, in accordance with rules \n        agreed upon by the Panel, may appoint and fix the compensation \n        of a staff director and such other personnel as may be \n        necessary to enable the Panel to carry out its functions, \n        without regard to the provisions of title 5, United States \n        Code, governing appointments in the competitive service, and \n        without regard to the provisions of chapter 51 and subchapter \n        III of chapter 53 of such title relating to classification and \n        General Schedule pay rates, except that no rate of pay fixed \n        under this paragraph may exceed the equivalent of that payable \n        for a position at level V of the Executive Schedule under \n        section 5316 of title 5, United States Code.\n            (3) Detailees.--Any employee of the Federal Government may \n        be detailed to the Panel without reimbursement from the Panel, \n        and such employee shall retain the rights, status, and \n        privileges of such employee's regular employment without \n        interruption.\n            (4) Expert and consultant services.--The Panel is \n        authorized to procure the services of experts and consultants \n        in accordance with section 3109 of title 5, United States Code, \n        but at rates not to exceed the daily rate paid a person \n        occupying a position at level IV of the Executive Schedule \n        under section 5315 of title 5, United States Code.\n            (5) Volunteer services.--Notwithstanding section 1342 of \n        title 31, United States Code, the Panel may accept and use \n        voluntary and uncompensated services as the Panel determines \n        necessary.\n    (e) Security Clearances.--The appropriate departments or agencies \nof the Federal Government shall cooperate with the Panel in \nexpeditiously providing to the Panel members and staff appropriate \nsecurity clearances to the extent possible pursuant to existing \nprocedures and requirements, except that no person shall be provided \nwith access to classified information under this section without the \nappropriate security clearances.\n    (f) Contracting.--The Panel may, to such extent and in such amounts \nas are provided in appropriation Acts, enter into contracts to enable \nthe Panel to carry out its duties under this Act.\n    (g) Postal Services.--The Panel may use the United States mails in \nthe same manner and under the same conditions as departments and \nagencies of the Federal Government.\n    (h) Support Services.--Upon request of the Panel, the Administrator \nof General Services shall provide the Panel, on a reimbursable basis, \nwith the administrative support services necessary for the Panel to \ncarry out its duties under this Act. Such administrative services may \ninclude human resource management, budget, leasing, accounting, and \npayroll services.\n    (i) Rules of Procedure.--The Panel may establish rules for the \nconduct of the Panel's business, if such rules are not inconsistent \nwith this Act or other applicable law.\n    (j) Nonapplicability of the Federal Advisory Committee Act.--The \nFederal Advisory Committee Act (5 U.S.C. App.) shall not apply to the \nPanel.\n    (k) Termination.--The Panel shall terminate on the date that is 60 \ndays after the date of the submission of its final report.\n\nSEC. 7. REPORTS TO CONGRESS.\n\n    (a) Interim Report.--Not later than nine months after the date of \nthe appointment of all the members of the Panel, the Panel shall submit \nto the Committee on the Judiciary and the Committee on Homeland \nSecurity of the House of Representatives and the Committee on the \nJudiciary and the Committee on Homeland Security and Governmental \nAffairs of the Senate an interim report, including the results and \nfindings of the assessments carried out in accordance with section 5.\n    (b) Other Reports and Briefings.--The Panel may from time to time \nsubmit to the committees specified in subsection (a) such other reports \nand briefings relating to the assessments carried out in accordance \nwith section 5 as the Panel considers appropriate. Such committees may \nrequest information on the Panel's progress as it conducts its work.\n    (c) Final Report.--Not later than eighteen months after the date of \nthe appointment of all the members of the Panel, the Panel shall submit \nto the committees specified in subsection (a) a final report on the \nassessments carried out in accordance with section 5. Such final report \nshall--\n            (1) include the findings of the Panel;\n            (2) identify lessons learned related to United States \n        Secret Service leadership issues; and\n            (3) include specific recommendations, including those for \n        congressional consideration, relating to--\n                    (A) improving the efficiency and effectiveness of \n                the leadership structure, protocols, training, tools, \n                and capabilities of the Department of Homeland \n                Security's mission to protect national leaders, \n                visiting heads of state and government, designated \n                sites, and special events of national significance (in \n                accordance with paragraph (1) of section 3056(e) of \n                title 18 United States Code);\n                    (B) improving unity of effort between the divisions \n                of the United States Secret Service and other law \n                enforcement agencies and other components of the \n                Department of Homeland Security relating to the \n                protective and, as applicable, investigative missions, \n                including whether duplication with other Federal \n                entities exists;\n                    (C) eliminating barriers to effective \n                communications in routine as well as emergency \n                situations;\n                    (D) identifying and mitigating cultural issues \n                within the United States Secret Service that detract \n                from the mission of the Service; and\n                    (E) improvements needed to mitigate risks based on \n                past security breaches.","title":""}
+{"_id":"c431","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``United States Specialty Crop Export \nOpportunities Act of 2007''.\n\nSEC. 2. REGULATION OF EXPORTS OF PLANTS, PLANT PRODUCTS, BIOLOGICAL \n              CONTROL ORGANISMS, AND NOXIOUS WEEDS.\n\n    (a) In General.--Subtitle A of title IV of the Agricultural Risk \nProtection Act of 2000 (7 U.S.C. 7701 et seq.) is amended by adding at \nthe end the following new section:\n\n``SEC. 420. REGULATION OF EXPORTS OF PLANTS, PLANT PRODUCTS, BIOLOGICAL \n              CONTROL ORGANISMS, AND NOXIOUS WEEDS.\n\n    ``(a) In General.--The Secretary may regulate plants, plant \nproducts, biological control organisms, and noxious weeds for export \npurposes.\n    ``(b) Duties.--The Secretary shall--\n            ``(1) coordinate fruit and vegetable market analyses with \n        the private sector and the Administrator of the Foreign \n        Agricultural Service; and\n            ``(2) make publicly available on an Internet website--\n                    ``(A) the status of all export petitions;\n                    ``(B) to the greatest extent possible, an \n                explanation of the sanitary or phytosanitary issues \n                associated with each pending export petition; and\n                    ``(C) to the greatest extent possible, information \n                on the import requirements of foreign countries for \n                fruits and vegetables.\n    ``(c) Regulations.--The Secretary may issue regulations to \nimplement this section.''.\n    (b) Table of Contents.--The table of contents in section 1(b) of \nsuch Act (7 U.S.C. 1501 note) is amended by inserting after the item \nrelating to section 419 the following new item:\n\n``Sec. 420. Regulation of exports of plants, plant products, biological \n                            control organisms, and noxious weeds.''.\n\nSEC. 3. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION \n              FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE.\n\n    (a) Repeal of Transfer of Functions.--Section 421 of the Homeland \nSecurity Act of 2002 (6 U.S.C. 231) is repealed.\n    (b) Conforming Amendment to Function of Secretary of Homeland \nSecurity.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C. \n202) is amended--\n            (1) by striking paragraph (7); and\n            (2) by redesignating paragraph (8) as paragraph (7).\n    (c) Transfer Agreement.--\n            (1) In general.--Not later than the effective date \n        described in subsection (g), the Secretary of Agriculture and \n        the Secretary of Homeland Security shall enter into an \n        agreement to effectuate the return of functions required by the \n        amendments made by this section.\n            (2) Use of certain employees.--The agreement may include \n        authority for the Secretary of Agriculture to use employees of \n        the Department of Homeland Security to carry out authorities \n        delegated to the Animal and Plant Health Inspection Service \n        regarding the protection of domestic livestock and plants.\n    (d) Restoration of Department of Agriculture Employees.--Not later \nthan the effective date described in subsection (e), all full-time \nequivalent positions of the Department of Agriculture transferred to \nthe Department of Homeland Security under section 421(g) of the \nHomeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the \nday before the effective date described in subsection (g)) shall be \nrestored to the Department of Agriculture.\n    (e) Authority of APHIS.--\n            (1) Establishment of program.--The Secretary of Agriculture \n        shall establish within the Animal and Plant Health Inspection \n        Service a program, to be known as the ``International \n        Agricultural Inspection Program'', under which the \n        Administrator of the Animal and Plant Health Inspection Service \n        (referred to in this subsection as the ``Administrator'') shall \n        carry out import and entry agricultural inspections.\n            (2) Information gathering and inspections.--In carrying out \n        the program under paragraph (1), the Administrator shall have \n        full access to--\n                    (A) each secure area of any terminal for screening \n                passengers or cargo under the control of the Department \n                of Homeland Security on the day before the date of \n                enactment of this Act for purposes of carrying out \n                inspections and gathering information; and\n                    (B) each database (including any database relating \n                to cargo manifests or employee and business records) \n                under the control of the Department of Homeland \n                Security on the day before the date of enactment of \n                this Act for purposes of gathering information.\n            (3) Inspection alerts.--The Administrator may issue \n        inspection alerts, including by indicating cargo to be held for \n        immediate inspection.\n            (4) Inspection user fees.--The Administrator may, as \n        applicable--\n                    (A) continue to collect any agricultural quarantine \n                inspection user fee; and\n                    (B) administer any reserve account for the fees.\n            (5) Career track program.--\n                    (A) In general.--The Administrator shall establish \n                a program, to be known as the ``import and entry \n                agriculture inspector career track program'', to \n                support the development of long-term career \n                professionals with expertise in import and entry \n                agriculture inspection.\n                    (B) Strategic plan and training.--In carrying out \n                the program under this paragraph, the Administrator, in \n                coordination with the Secretary of Agriculture, shall--\n                            (i) develop a strategic plan to incorporate \n                        import and entry agricultural inspectors into \n                        the infrastructure protecting food, fiber, \n                        forests, bioenergy, and the environment of the \n                        United States from animal and plant pests, \n                        diseases, and noxious weeds; and\n                            (ii) as part of the plan under clause (i), \n                        provide training for import and entry \n                        agricultural inspectors participating in the \n                        program not less frequently than once each year \n                        to improve inspection skills.\n    (f) Duties of Secretary.--\n            (1) In general.--The Secretary of Agriculture (referred to \n        in this subsection as the ``Secretary'') shall--\n                    (A) develop standard operating procedures for \n                inspection, monitoring, and auditing relating to import \n                and entry agricultural inspections, in accordance with \n                recommendations from the Comptroller General of the \n                United States and reports of interagency advisory \n                groups, as applicable; and\n                    (B) ensure that the Animal and Plant Health \n                Inspection Service has a national electronic system \n                with real-time tracking capability for monitoring, \n                tracking, and reporting inspection activities of the \n                Service.\n            (2) Federal and state cooperation.--\n                    (A) Communication system.--The Secretary shall \n                develop and maintain an integrated, real-time \n                communication system with respect to import and entry \n                agricultural inspections to alert State departments of \n                agriculture of significant inspection findings of the \n                Animal and Plant Health Inspection Service.\n                    (B) Advisory committee.--\n                            (i) Establishment.--The Secretary shall \n                        establish a committee, to be known as the \n                        ``International Trade Inspection Advisory \n                        Committee'' (referred to in this subparagraph \n                        as the ``committee''), to advise the Secretary \n                        on policies and other issues relating to import \n                        and entry agricultural inspection.\n                            (ii) Model.--In establishing the committee, \n                        the Secretary shall use as a model the \n                        Agricultural Trade Advisory Committee.\n                            (iii) Membership.--The committee shall be \n                        composed of members representing--\n                                    (I) State departments of \n                                agriculture;\n                                    (II) directors of ports and \n                                airports in the United States;\n                                    (III) the transportation industry;\n                                    (IV) the public; and\n                                    (V) such other entities as the \n                                Secretary determines to be appropriate.\n            (3) Report.--Not less frequently than once each year, the \n        Secretary shall submit to Congress a report containing an \n        assessment of--\n                    (A) the resource needs for import and entry \n                agricultural inspection, including the number of \n                inspectors required;\n                    (B) the adequacy of--\n                            (i) inspection and monitoring procedures \n                        and facilities in the United States; and\n                            (ii) the strategic plan developed under \n                        subsection (e)(5)(B)(i); and\n                    (C) new and potential technologies and practices, \n                including recommendations regarding the technologies \n                and practices, to improve import and entry agricultural \n                inspection.\n            (4) Funding.--The Secretary shall pay the costs of each \n        import and entry agricultural inspector employed by the Animal \n        and Plant Health Inspection Service--\n                    (A) from amounts made available to the Department \n                of Agriculture for the applicable fiscal year; or\n                    (B) if amounts described in subparagraph (A) are \n                unavailable, from amounts of the Commodity Credit \n                Corporation.\n    (g) Effective Date.--The amendments made by this section take \neffect on the date that is 180 days after the date of enactment of this \nAct.\n\nSEC. 4. REPORTS OF TRADE ADVISORY COMMITTEES.\n\n    Whenever the Agricultural Policy Committee on Trade or the \nAgricultural Technical Advisory Committee on Trade in Fruits and \nVegetables, established under section 135 of the Trade Act of 1974, \nprovides any recommendations to the United States Trade Representative, \nthat committee shall at the same time provide those recommendations to \nthe Committee on Agriculture and the Committee on Ways and Means of the \nHouse of Representatives and to the Committee on Agriculture and the \nCommittee on Finance of the Senate.\n\nSEC. 5. REPORT ON FOREIGN AGRICULTURAL SERVICE STAFFING LEVELS FOR \n              MONITORING OTHER COUNTRIES' COMPLIANCE WITH TRADE \n              AGREEMENTS.\n\n    Not later than 60 days after the date of the enactment of this Act, \nthe Secretary of Agriculture shall submit to Congress a report--\n            (1) evaluating the ability of the Foreign Agricultural \n        Service to adequately monitor other countries' compliance with \n        the terms of the Uruguay Round Agreements and the terms of \n        other agreements (including NAFTA and other bilateral \n        agreements) to ensure that the United States realizes the full \n        benefits of these agreements as they relate to agricultural \n        commodities; and\n            (2) containing the recommending of the Secretary regarding \n        whether current vacancies in the monitoring office of the \n        Foreign Agricultural Service should be filled.\n\nSEC. 6. FEASIBILITY REPORT REGARDING EXPORT INDEMNIFICATION FOR \n              UNSUBSIDIZED COMMODITIES.\n\n    Not later than January 1, 2008, the Secretary of Agriculture shall \nsubmit to Congress a report evaluating the feasibility and cost of \nestablishing an indemnity program for exporters of articles classified \nunder chapters 7 and 8 of the Harmonized Tariff Schedule of the United \nStates that will provide compensation to those exporters when they \ncomply fully with United States export and foreign country import \nrequirements for the articles, but the articles are wrongfully denied \nentry into the foreign country.\n\nSEC. 7. TREATMENT OF UNSUBSIDIZED COMMODITIES UNDER AGREEMENT ON \n              AGRICULTURE.\n\n    The United States Trade Representative shall propose in the Doha \nRound of negotiations conducted under the auspices of the World Trade \nOrganization that all articles classified under chapters 7 and 8 of the \nHarmonized Tariff Schedule of the United States be excluded from \ncoverage under article 13 of the Agreement on Agriculture referred to \nin section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. \n3511(d)(2)).\n\nSEC. 8. SPECIAL EXPORT CREDIT GUARANTEE PROGRAM.\n\n    The Secretary of Agriculture shall establish and maintain a program \nof export credits that is, as nearly as may be, identical to the \nprogram administered under sections 1493.400 through 1493.530 of title \n7, Code of Federal Regulations, except that--\n            (1) either an exporter to, or an importer in, a foreign \n        place shall be eligible for a credit guarantee;\n            (2) the guarantee shall be for a period of 45 days \n        beginning on the date of issuance of the guarantee; and\n            (3) the cost of the guarantee shall not exceed 45 cents for \n        each $100 of coverage purchased.\n\nSEC. 9. AUTHORIZATION LEVELS FOR EMERGING MARKET CREDIT PROGRAM.\n\n    Section 1542 of the Food, Agriculture, Conservation, and Trade Act \nof 1990 (7 U.S.C. 5622 note) is amended--\n            (1) in subsections (a) and (d)(1)(A)(i) by striking \n        ``2007'' and inserting ``2013''; and\n            (2) in subsections (a) and (d) (1)(H) by striking \n        $10,000,000'' and inserting ``$20,000,000''.\n\nSEC. 10. DEFINITIONS.\n\n    In this Act:\n            (1) NAFTA.--The term ``NAFTA'' means the North American \n        Free Trade Agreement.\n            (2) Uruguay round agreements.--The term ``Uruguay Round \n        Agreements'' means the agreements referred to in section 101(d) \n        of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)).","title":""}
+{"_id":"c432","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``United States-Afghanistan Status of \nForces Agreement (SOFA) Act of 2011''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Al Qaeda, a terrorist organization using Afghanistan as \n        a base of operations, attacked the United States on September \n        11, 2001, killing nearly 3,000 people in New York, \n        Pennsylvania, and Virginia.\n            (2) Congress passed and the President signed the \n        Authorization for Use of Military Force (Public Law 107-40; 50 \n        U.S.C. 1541 note) on September 18, 2001.\n            (3) The United States initiated Operation Enduring Freedom \n        to combat Al Qaeda and prevent the Taliban regime in \n        Afghanistan from providing Al Qaeda with safe harbor.\n            (4) The Taliban was removed from power and the United \n        States concluded security agreements with the newly formed \n        Afghan government.\n            (5) Al Qaeda no longer has a major or relevant presence in \n        Afghanistan.\n            (6) The United States and Afghanistan has exchanged notes, \n        signed agreements, and issued ``joint declarations'' on various \n        topics, but have not entered into a bilateral agreement on the \n        status of forces.\n            (7) A status of forces agreement with Afghanistan would not \n        expressly authorize the United States to carry out military \n        operations in Afghanistan but would recognize that such \n        operations are ongoing.\n            (8) The United States is currently party to more than 100 \n        agreements on the status of forces.\n            (9) A status of forces agreement may be a multilateral or \n        bilateral agreement addressing the status of United States \n        Armed Forces while present in a foreign country.\n            (10) Status of forces agreements may include--but are not \n        limited to--how the domestic laws of the foreign jurisdiction \n        shall be applied to United States personnel and contractors \n        while in that country.\n            (11) In a similar agreement, parties have pledged to work \n        cooperatively in a number of fields, including on diplomatic, \n        security, economic, cultural, and law enforcement matters.\n            (12) In a similar agreement, a deadline has been \n        established for the withdrawal of United States troops by a \n        date certain.\n            (13) United States personnel subject to a status of forces \n        agreement may include members of the United States Armed \n        Forces, Department of Defense civilian employees, and \n        contractors working for the Department of Defense.\n\nSEC. 3. STATUS OF FORCES AGREEMENT WITH AFGHANISTAN.\n\n    (a) In General.--Not later than 90 days after the date of the \nenactment of this Act, the President shall seek to negotiate and enter \ninto a bilateral status of forces agreement with the Government of \nAfghanistan in accordance with the requirements of this section.\n    (b) Mandatory Elements.--The status of forces agreement specified \nin subsection (a) shall, to the maximum extent practicable--\n            (1) prohibit the permanent basing or military presence of \n        United States Armed Forces in Afghanistan;\n            (2) provide a date, no later than 1 year after the date on \n        which the agreement is entered into with the Government of \n        Afghanistan, for the complete, safe, and orderly redeployment \n        from Afghanistan of all members of the United States Armed \n        Forces, Department of Defense civilian employees, and \n        contractors working for the Department of Defense; and\n            (3) establish that the temporary presence of United States \n        Armed Forces in Afghanistan is at the request and invitation of \n        the sovereign Government of Afghanistan.\n    (c) Discretionary Elements.--The status of forces agreement \nspecified in subsection (a) may provide for the authorization of \nspecific exercises, activities, or missions of the United States Armed \nForces in Afghanistan.\n    (d) Sense of Congress.--It is the sense of Congress that the \nPresident should submit the status of forces agreement specified in \nsubsection (a) to the Senate for its advice and consent to ratification \nas a treaty or alternatively the President should request statutory \nauthorization for the status of forces agreement by Congress.\n    (e) Submission to Congress.--\n            (1) In general.--The President shall submit to the \n        Permanent Select Committee on Intelligence of the House of \n        Representatives and the Select Committee on Intelligence of the \n        Senate a copy of the status of forces agreement specified in \n        subsection (a). The status of forces agreement shall be \n        submitted in unclassified form but may contain a classified \n        annex if necessary.\n            (2) Availability.--Any Senator or Member of the House of \n        Representatives may review the copy of the status of forces \n        agreement submitted under paragraph (1), including any portions \n        of the agreement contained in the classified annex.\n            (3) Definition.--In paragraph (2), the term ``Member of the \n        House of Representatives'' includes a Delegate or Resident \n        Commissioner to Congress.","title":""}
+{"_id":"c433","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``United States-Israel Strategic \nPartnership Act of 2013''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) The people and the Governments of the United States and \n        Israel share a deep and unbreakable bond, forged by over 60 \n        years of shared interests and shared values.\n            (2) Today, the people and Governments of the United States \n        and Israel are facing a dynamic and rapidly changing security \n        environment in the Middle East and North Africa, necessitating \n        deeper cooperation on a range of defense, security, and \n        intelligence matters.\n            (3) From Gaza, Hamas continues to deny Israel's right to \n        exist and persists in firing rockets indiscriminately at \n        population centers in Israel.\n            (4) Hezbollah--with support from Iran--continues to \n        stockpile rockets and may be seeking to exploit the tragic and \n        volatile security situation within Syria.\n            (5) The Government of Iran continues to pose a grave threat \n        to the region and the world at large with its reckless uranium \n        enrichment program and defiance of multiple United Nations \n        Security Council resolutions.\n            (6) The civil war in Syria is threatening the security of \n        Syria's chemical weapons arsenal, which could be deployed \n        against its own people or fall into the hands of terrorists.\n            (7) Given these challenges, it is imperative that the \n        United States continue to deepen cooperation with allies like \n        Israel in pursuit of shared policy objectives.\n\nSEC. 3. STATEMENT OF POLICY.\n\n    It is the policy of the United States--\n            (1) to reaffirm the unwavering support of the United States \n        for the security of Israel as a Jewish state;\n            (2) to reaffirm the principals and objectives enshrined in \n        the United States-Israel Enhanced Security Cooperation Act of \n        2012 (Public Law 112-150) and ensure its implementation to the \n        fullest extent;\n            (3) to reaffirm the importance of the 2007 United States-\n        Israel Memorandum of Understanding on United States assistance \n        to Israel and the semi-annual Strategic Dialogue between the \n        United States and Israel;\n            (4) to pursue every opportunity to deepen cooperation with \n        Israel on a range of critical issues including defense, \n        homeland, energy, and cyber security;\n            (5) to continue to provide Israel with robust security \n        assistance, including for the development, procurement, and \n        maintenance of the Iron Dome Missile Defense System; and\n            (6) to support the Government of Israel in its ongoing \n        efforts to reach a negotiated political settlement with the \n        Palestinian people that results in two states living side-by-\n        side in peace and security.\n\nSEC. 4. SENSE OF CONGRESS ON ISRAEL AS A MAJOR STRATEGIC PARTNER.\n\n    It is the sense of Congress that Israel is a Major Strategic \nPartner.\n\nSEC. 5. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.\n\n    (a) Department of Defense Appropriations Act, 2005.--Section \n12001(d) of the Department of Defense Appropriations Act, 2005 (Public \nLaw 108-287; 118 Stat. 1011) is amended by striking ``more than 10 \nyears after'' and inserting ``more than 11 years after''.\n    (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the \nForeign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by \nstriking ``and 2014'' and inserting ``, 2014, and 2015''.\n\nSEC. 6. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION \n              EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING \n              REQUIREMENTS.\n\n    (a) Finding.--Congress finds that Israel--\n            (1) has declared its unilateral adherence to the Missile \n        Technology Control Regime and the Wassenaar Arrangement on \n        Export Controls for Conventional Arms and Dual-Use Goods and \n        Technologies;\n            (2) is a party to--\n                    (A) the Convention on Prohibitions or Restrictions \n                on the Use of Certain Conventional Weapons which may be \n                Deemed to be Excessively Injurious or to Have \n                Indiscriminate Effects, signed at Geneva October 10, \n                1980;\n                    (B) the Protocol for the Prohibition of the Use in \n                War of Asphyxiating, Poisonous or Other Gases, and of \n                Bacteriological Methods of Warfare, signed at Geneva \n                June 17, 1925; and\n                    (C) the Convention on the Physical Protection of \n                Nuclear Material, adopted at Vienna on October 26, \n                1979; and\n            (3) is a country with a low risk of diversion of items \n        subject to export controls.\n    (b) Eligibility for Strategic Trade Authorization Exception.--The \nSecretary of Commerce shall take steps to include Israel in the list of \ncountries eligible for the strategic trade authorization exception \nunder section 740.20(c)(1) of title 15, Code of Federal Regulations, to \nthe requirement for a license for the export, reexport, or in-country \ntransfer of an item subject to controls under the Export Administration \nRegulations, consistent with the obligations of the United States \npursuant to international agreements.\n\nSEC. 7. ENERGY, WATER, HOMELAND SECURITY, AGRICULTURE, AND ALTERNATIVE \n              FUEL TECHNOLOGIES.\n\n    (a) In General.--The President is authorized to carry out United \nStates-Israel cooperative activities and to provide assistance \npromoting cooperation in the fields of energy, water, homeland \nsecurity, agriculture, and alternative fuel technologies.\n    (b) Requirements.--In carrying out subsection (a), the President is \nauthorized to share and exchange with Israel research, technology, \nintelligence, information, equipment, and personnel that the President \ndetermines will advance the national security interests of the United \nStates and is consistent with the Strategic Dialogue and pertinent \nprovisions of law--\n            (1) by enhancing scientific cooperation between Israel and \n        the United States; or\n            (2) by the sale, lease, exchange in kind, or other \n        techniques the President determines to be suitable.\n\nSEC. 8. REPORT ON ESTABLISHMENT OF UNITED STATES-ISRAEL CENTER OF \n              EXCELLENCE ON CYBER SECURITY.\n\n    Not later than 180 days after the date of the enactment of this \nAct, the President shall submit to Congress a report on the feasibility \nand advisability of establishing a joint United States-Israel Cyber \nSecurity Center for the purposes of sharing and advancing technologies \nrelated to the prevention of cybercrimes.\n\nSEC. 9. DESIGNATION OF ISRAEL AS VISA WAIVER PROGRAM COUNTRY.\n\n    Section 217(c)(2) of the Immigration and Nationality Act (8 U.S.C. \n1187(c)(2)) is amended--\n            (1) in the matter preceding subparagraph (A), by inserting \n        ``subparagraph (G) and'' after ``Except as provided in''; and\n            (2) by adding at the end the following:\n                    ``(G) Israel.--The State of Israel shall be \n                designated as a program country on the date on which \n                the Secretary of Homeland Security, after consultation \n                with the Secretary of State, certifies that the \n                Government of Israel--\n                            ``(i) has complied with all of the \n                        requirements set forth in subparagraphs (B) \n                        through (F); and\n                            ``(ii) has made every reasonable effort, \n                        without jeopardizing the security of the State \n                        of Israel, to ensure that reciprocal travel \n                        privileges are extended to all United States \n                        citizens.''.\n\nSEC. 10. REPORT ON IMPLEMENTATION OF SECTION 4 OF THE UNITED STATES-\n              ISRAEL ENHANCED SECURITY COOPERATION ACT OF 2012.\n\n    Not later than 180 days after the date of the enactment of this \nAct, the President shall submit to the Committee on Foreign Relations \nof the Senate, the Committee on Foreign Affairs of the House of \nRepresentatives, and the Committees on Armed Services of the Senate and \nthe House of Representatives a comprehensive report on current and \nfuture efforts undertaken by the President to fulfill the objectives of \nsection 4 of the United States-Israel Enhanced Security Cooperation Act \n(22 U.S.C. 8603).","title":""}
+{"_id":"c434","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``United States-Macau Policy Act of \n1999''.\n\nSEC. 2. FINDINGS AND DECLARATIONS.\n\n    The Congress makes the following findings and declarations:\n            (1) The Congress recognizes that under the April 13, 1987, \n        Joint Declaration of the Government of the People's Republic of \n        China and the Government of the Republic of Portugal on the \n        Question of Macau--\n                    (A) the People's Republic of China and the Republic \n                of Portugal have agreed that the People's Republic of \n                China will resume the exercise of sovereignty over \n                Macau on December 20, 1999, and until that time, \n                Portugal will be responsible for the administration of \n                Macau;\n                    (B) the Macau Special Administrative Region of the \n                People's Republic of China, beginning on December 20, \n                1999, will continue to enjoy a high degree of autonomy \n                on all matters other than defense and foreign affairs;\n                    (C) there is provision for implementation of a \n                ``one country, two systems'' policy, under which Macau \n                will retain its current lifestyle and legal, social, \n                and economic systems until at least the year 2049;\n                    (D) the legislature of the Macau Special \n                Administrative Region has been constituted by \n                elections; and\n                    (E) provision is made for the continuation in force \n                of agreements implemented as of December 20, 1999, and \n                for the ability of the Macau Special Administrative \n                Region to conclude new agreements.\n            (2) The Congress declares its wish to see full \n        implementation of the provisions of the Joint Declaration.\n            (3) The Congress supports the policies and decisions \n        reflected in the Joint Declaration.\n            (4) It is the sense of the Congress that--\n                    (A) Macau's continued economic prosperity furthers \n                United States interests in the People's Republic of \n                China and Asia;\n                    (B) support for democratization is a fundamental \n                principle of United States foreign policy, and as such, \n                that principle naturally applies to United States \n                policy toward Macau, now and after December 19, 1999; \n                and\n                    (C)(i) the human rights of the people of Macau are \n                of great importance to the United States and are \n                directly relevant to United States interests in Macau;\n                    (ii) a fully successful transition in the exercise \n                of sovereignty over Macau must safeguard human rights \n                in and of themselves; and\n                    (iii) human rights also serve as a basis for \n                Macau's continued economic prosperity.\n\nSEC. 3. DEFINITIONS.\n\n    For purposes of this Act--\n            (1) the term ``Macau'' means, prior to December 20, 1999, \n        the Portuguese Dependent Territory of Macau, and on and after \n        December 20, 1999, the Macau Special Administrative Region of \n        the People's Republic of China;\n            (2) the term ``Joint Declaration'' means the Joint \n        Declaration of the Government of the People's Republic of China \n        and the Government of the Republic of Portugal on the Question \n        of Macau, of April 13, 1987; and\n            (3) the term ``laws of the United States'' means provisions \n        of law enacted by the Congress.\n\n                            TITLE I--POLICY\n\nSEC. 101. SENSE OF CONGRESS.\n\n    It is the sense of the Congress that--\n            (1) the United States should play an active role before, \n        on, and after December 20, 1999, in maintaining Macau's \n        confidence and prosperity, Macau's unique cultural heritage, \n        and the mutually beneficial ties between the people of the \n        United States and the people of Macau; and\n            (2) through its policies, the United States should \n        contribute to Macau's ability to maintain a high degree of \n        autonomy in matters other than defense and foreign affairs as \n        promised by the People's Republic of China and the Republic of \n        Portugal in the Joint Declaration, particularly with respect to \n        such matters as trade, commerce, law enforcement, finance, \n        monetary policy, aviation, shipping, communications, tourism, \n        cultural affairs, sports, and participation in international \n        organizations, consistent with the national security and other \n        interests of the United States.\n\n           TITLE II--THE STATUS OF MACAU IN UNITED STATES LAW\n\nSEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW.\n\n    (a) In General.--Notwithstanding any change in the exercise of \nsovereignty over Macau, and subject to subsections (b) and (c), the \nlaws of the United States shall continue to apply with respect to \nMacau, on and after December 20, 1999, in the same manner as the laws \nof the United States were applied with respect to Macau before such \ndate unless otherwise expressly provided by law or by Executive order \nunder section 202.\n    (b) International Agreements.--For all purposes, including actions \nin any court of the United States, the Congress approves of the \ncontinuation in force on and after December 20, 1999, of all treaties \nand other international agreements, including multilateral conventions, \nentered into before such date between the United States and Macau, or \nentered into force before such date between the United States and the \nRepublic of Portugal and applied to Macau, unless or until terminated \nin accordance with law. If, in carrying out this title, the President \ndetermines that Macau is not legally competent to carry out its \nobligations under any such treaty or other international agreement, or \nthat the continuation of Macau's obligations or rights under any such \ntreaty or other international agreement is not appropriate under the \ncircumstances, the President shall promptly notify the Committee on \nInternational Relations of the House of Representatives and the \nCommittee on Foreign Relations of the Senate concerning such \ndetermination, and shall take appropriate action to modify or terminate \nsuch treaty or other international agreement.\n    (c) Export Controls.--Notwithstanding subsection (a) or any other \nprovision of law, the President shall establish with respect to Macau, \nwithin 90 days after the date of the enactment of this Act, such export \ncontrol policies and regulations as he determines to be advisable in \nthe national security interests of the United States.\n\nSEC. 202. PRESIDENTIAL ORDER.\n\n    (a) Presidential Determination.--On or after December 20, 1999, \nwhenever the President determines that Macau is not sufficiently \nautonomous to justify treatment under a particular law of the United \nStates, or any provision thereof, different from that accorded the \nPeople's Republic of China, the President may issue an Executive order \nsuspending the application of section 201(a) to such law or provision \nof law. The President shall promptly notify the Committee on \nInternational Relations of the House of Representatives and the \nCommittee on Foreign Relations of the Senate concerning any such \ndetermination.\n    (b) Factor for Consideration.--In making a determination under \nsubsection (a) with respect to the application of a law of the United \nStates, or any provision thereof, to Macau, the President should \nconsider the terms, obligations, and expectations expressed in the \nJoint Declaration with respect to Macau.\n    (c) Publication in Federal Register.--Any Executive order issued \nunder subsection (a) shall be published in the Federal Register and \nshall specify the law or provision of law affected by the order.\n    (d) Termination of Suspension.--An Executive order issued under \nsubsection (a) may be terminated by the President with respect to a \nparticular law or provision of law whenever the President determines \nthat Macau has regained sufficient autonomy to justify treatment under \nthe law or provision of law in question. Notice of any such termination \nshall be published in the Federal Register.\n\nSEC. 203. RULES AND REGULATIONS.\n\n    The President is authorized to prescribe such rules and regulations \nas the President considers appropriate to carry out this Act.\n\nSEC. 204. CONSULTATION WITH CONGRESS.\n\n    In carrying out this title, the President shall consult \nappropriately with the Congress.\n\n                    TITLE III--REPORTING PROVISIONS\n\nSEC. 301. REPORTING REQUIREMENT.\n\n    Not later than 90 days after the date of the enactment of this Act, \nand not later than March 31 of each of the years 2000, 2001, and 2002, \nthe Secretary of State shall transmit to the Committee on International \nRelations of the House of Representatives and the Committee on Foreign \nRelations of the Senate a report on conditions in Macau of interest to \nthe United States. This report shall cover (in the case of the initial \nreport) the period since the date of the enactment of this Act or (in \nthe case of subsequent reports) the period since the most recent report \npursuant to this section, and shall describe--\n            (1) significant developments in United States relations \n        with Macau;\n            (2) significant developments related to the change in the \n        exercise of sovereignty over Macau affecting United States \n        interests in Macau or United States relations with Macau and \n        the People's Republic of China;\n            (3) steps taken by the United States to implement section \n        201(c) (relating to export controls with respect to Macau), \n        including any significant problems or other developments \n        arising with respect to the application of United States export \n        controls to Macau;\n            (4) the laws of the United States with respect to which the \n        application of section 201(a) (relating to the application of \n        United States laws to Macau) has been suspended pursuant to \n        section 202(a) or with respect to which such a suspension has \n        been terminated pursuant to section 202(d), and the reasons for \n        the suspension or termination, as the case may be;\n            (5) the treaties and other international agreements with \n        respect to which the President has made a determination \n        described in the last sentence of section 201(b) (relating to \n        the application of treaties and other international agreements \n        to Macau), the reasons for each such determination, and the \n        steps taken as a result of such determination;\n            (6) the development of democratic institutions in Macau;\n            (7) compliance by the Government of the People's Republic \n        of China and the Government of the Republic of Portugal with \n        their obligations under the Joint Declaration; and\n            (8) the nature and extent of Macau's participation in \n        multilateral forums.\n\nSEC. 302. SEPARATE PART OF COUNTRY REPORTS.\n\n    Whenever a report is transmitted to the Congress on a country-by-\ncountry basis, there shall be included in such report, where \napplicable, a separate subreport on Macau under the heading of the \nstate that exercises sovereignty over Macau.","title":""}
+{"_id":"c435","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``United States-Pakistan Security and \nStability Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Congress supports the following elements outlined in \n        the President's White Paper of the Interagency Policy Group's \n        Report on United States Policy Toward Afghanistan and Pakistan:\n                    (A) The core goal of the United States must be to \n                disrupt, dismantle, and defeat al Qaeda and its \n                affiliated networks and their safe havens in Pakistan.\n                    (B) The threat that al Qaeda poses to the United \n                States and its allies in Pakistan--including the \n                possibility of extremists obtaining fissile material--\n                is all too real.\n                    (C) The United States must overcome its trust \n                deficit with Pakistan and demonstrate that it is a \n                reliable, long-term partner.\n            (2) The Government of Pakistan is facing significant \n        security and socio-economic challenges that set the conditions \n        for greater radicalization and may threaten Pakistan's \n        viability. Such challenges include the following:\n                    (A) Al Qaeda's and other extremist groups' campaign \n                of violent attacks throughout Pakistan, including the \n                Red Mosque incident, the assassination of Benazir \n                Bhutto, and the bombing of the Marriott Hotel in \n                Islamabad.\n                    (B) Pakistan's population growth at a rate of \n                approximately 2 percent a year, with nearly half of its \n                172 million residents illiterate, under the age of 20, \n                and living near or below the poverty line.\n            (3) Security and stability to Pakistan is further \n        complicated given the prevalence of ungoverned spaces between \n        Pakistan and Afghanistan in which state control has not been \n        fully exercised given ethnic and tribal affiliations.\n            (4) The security and stability of Pakistan is vital to the \n        national security of the United States, and the consequences of \n        failure poses a grave threat to the security of the American \n        people, the region, and United States allies.\n            (5) The objectives of United States policy toward Pakistan \n        are to empower and enable Pakistan to--\n                    (A) develop into a prosperous and democratic state \n                that is at peace with itself and with its neighbors;\n                    (B) actively confront, and deny safe haven to, al \n                Qaeda, the Taliban, and other extremists;\n                    (C) implement the economic, legal, and social \n                reforms required to create an environment that \n                discourages violent Islamic extremism; and\n                    (D) maintain robust command and control over its \n                nuclear weapons technology.\n\nSEC. 3. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR \n              PAKISTAN.\n\n    (a) In General.--Not later than 30 days after the date of the \nenactment of the Supplemental Appropriations Act of 2009, the President \nshall develop and transmit to the appropriate congressional committees \na comprehensive interagency strategy and implementation plan for long-\nterm security and stability in Pakistan which shall be composed of the \nelements specified in subsection (b).\n    (b) Elements.--The comprehensive interagency strategy and \nimplementation plan required by subsection (a) shall contain at least \nthe following elements:\n            (1) A description of how United States assistance described \n        in section 4 will be used to achieve the objectives of United \n        States policy toward Pakistan.\n            (2) Progress toward the following:\n                    (A) Assisting efforts to enhance civilian control \n                and a stable constitutional government in Pakistan and \n                promote bilateral and regional trade and economic \n                growth.\n                    (B) Developing and operationally enabling Pakistani \n                security forces so they are capable of succeeding in \n                sustained counter-insurgency and counter-terror \n                operations.\n                    (C) Shutting down Pakistani safe havens for \n                extremists.\n                    (D) Improving Pakistan's capacity and capability to \n                ``hold'' and ``build'' areas cleared of insurgents to \n                prevent their return.\n                    (E) Developing and strengthening mechanisms for \n                Pakistan-Afghanistan cooperation.\n            (3) A financial plan and description of the resources, \n        programming, and management of United States foreign assistance \n        to Pakistan, including the criteria used to determine their \n        prioritization.\n            (4) A complete description of both the evaluation process \n        for reviewing and adjusting the strategy and implementation as \n        necessary, and measures of effectiveness for the implementation \n        of the strategy.\n    (c) Intelligence Support.--The Director of National Intelligence \nshall provide intelligence support to the development of the \ncomprehensive interagency strategy and implementation plan required by \nsubsection (a).\n    (d) Updates of Strategy.--The President shall transmit in writing \nto the appropriate congressional committees any updates of the \ncomprehensive interagency strategy and implementation plan required by \nsubsection (a), as necessary.\n\nSEC. 4. AUTHORIZATION OF ASSISTANCE FOR PAKISTAN.\n\n    (a) Foreign Assistance Act of 1961.--There is authorized to be \nappropriated to the President, for the purposes of providing assistance \nto Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et \nseq.), $1,500,000,000 or such sums as may be necessary for each of the \nfiscal years 2010 through 2013.\n    (b) Pakistan Counterinsurgency Capability Fund.--There is \nauthorized to be appropriated to the President, for the purposes of \nbuilding a more effective counterinsurgency capability in Pakistan's \nsecurity forces, up to $700,000,000 for the Pakistan Counterinsurgency \nCapability Fund, for fiscal year 2010.\n    (c) Use of Funds.--Amounts authorized to be appropriated under this \nsection or otherwise made available to carry out this Act shall be used \nto the maximum extent practicable as direct expenditures for programs, \nprojects, and activities, subject to existing reporting and \nnotification requirements.\n\nSEC. 5. CONGRESSIONAL BRIEFING AND NOTIFICATION REQUIREMENTS.\n\n    (a) Briefing.--Not later than 30 days after the date of the \ntransmission of the comprehensive interagency strategy and \nimplementation plan required by section 3, and quarterly thereafter \nthrough December 1, 2013, the President, acting through the Secretary \nof State and the Secretary of Defense, shall brief the appropriate \ncongressional committees on the status of the comprehensive interagency \nstrategy and implementation plan.\n    (b) Notification.--The President shall notify the appropriate \ncongressional committees not later than 30 days prior to obligating any \nassistance described in section 4 as budgetary support to the \nGovernment of Pakistan or to any persons, agencies, instrumentalities, \nor elements of the Government of Pakistan and shall describe the \npurpose and conditions attached to any such budgetary support \nassistance. The President shall notify the appropriate congressional \ncommittees not later than 30 days prior to obligating any other type of \nassistance described in section 4.\n\nSEC. 6. DEFINITION.\n\n    In this Act, the term ``appropriate congressional committees'' \nmeans--\n            (1) the Committee on Appropriations, the Committee on Armed \n        Services, the Committee on Foreign Affairs, and the Permanent \n        Select Committee on Intelligence of the House of \n        Representatives; and\n            (2) the Committee on Appropriations, the Committee on Armed \n        Services, the Committee on Foreign Relations, and the Select \n        Committee on Intelligence of the Senate.","title":""}
+{"_id":"c436","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Urban Entrepreneurial Opportunities \nAct''.\n\nSEC. 2. TAX INCENTIVES FOR URBAN ENTREPRENEURIAL OPPORTUNITY FINANCING \n              SUBSIDIARIES.\n\n    (a) General Rule.--Part VIII of subchapter B of chapter 1 of the \nInternal Revenue Code of 1986 (relating to special deductions for \ncorporations) is amended by adding at the end thereof the following new \nsubpart:\n\n   ``Subpart B--Tax Incentives for Urban Entrepreneurial Opportunity \n                         Financing Subsidiaries\n\n                              ``Sec. 251. Deduction for equity \n                                        contributions to urban \n                                        entrepreneurial opportunity \n                                        financing subsidiaries.\n                              ``Sec. 252. Overall limitation on \n                                        deductions.\n                              ``Sec. 253. Definitions and special \n                                        rules.\n\n``SEC. 251. DEDUCTION FOR EQUITY CONTRIBUTIONS TO URBAN ENTREPRENEURIAL \n              OPPORTUNITY FINANCING SUBSIDIARIES.\n\n    ``(a) General Rule.--In the case of a qualified contributing \ncorporation, there shall be allowed as a deduction an amount equal to \nthe equity contributions made by such corporation to an urban \nentrepreneurial opportunity financing subsidiary of such corporation. \nSuch deduction shall be allowed for the taxable year of the \ncontributing corporation in which the equity contribution is used by \nthe subsidiary in making qualified enterprise zone business loans.\n    ``(b) Limitation.--The amount allowed as a deduction under \nsubsection (a) to any qualified contributing corporation for any \ntaxable year shall not exceed the lesser of--\n            ``(1) $10,000,000, or\n            ``(2) the portion of the program limitation allocated to \n        such corporation under section 252 to the extent the amount so \n        allocated was not used in a prior taxable year.\n    ``(c) Equity Contribution.--For purposes of this section, the term \n`equity contribution' means--\n            ``(1) any amount paid in cash for stock in an urban \n        entrepreneurial opportunity financing subsidiary of the \n        corporation if such stock is acquired at its original issuance, \n        and\n            ``(2) any contribution in cash to the capital of an urban \n        entrepreneurial opportunity financing subsidiary of the \n        corporation.\n    ``(d) Recapture Provisions.--\n            ``(1) Basis adjustment.--The adjusted basis of any stock \n        held by a corporation in an urban entrepreneurial opportunity \n        financing subsidiary of such corporation shall be reduced by \n        the amount allowed as a deduction under subsection (a) in \n        connection with the acquisition of such stock. No increase in \n        the basis of any such stock shall be made on account of any \n        contribution to the capital of such subsidiary for which a \n        deduction is allowed under subsection (a).\n            ``(2) Ordinary income recapture.--Any gain recognized on \n        the sale or other disposition by a corporation of stock in an \n        urban entrepreneurial opportunity financing subsidiary of such \n        corporation shall be treated as ordinary income.\n            ``(3) Certain events treated as dispositions.--If any urban \n        entrepreneurial opportunity financing subsidiary of a \n        corporation ceases to qualify as an urban entrepreneurial \n        opportunity financing subsidiary with respect to such \n        corporation, such corporation shall recognize gain as if it \n        sold its stock in such subsidiary for an amount equal to its \n        fair market value immediately before such cessation.\n\n``SEC. 252. OVERALL LIMITATION ON DEDUCTIONS.\n\n    ``(a) General Rule.--The Secretary of Housing and Urban Development \nshall allocate the program limitation among the qualified contributing \ncorporations submitting applications to such Secretary for allocations \nunder this section.\n    ``(b) Program Limitation.--The program limitation is $250,000,000.\n    ``(c) Method of Making Allocations.--The Secretary of Housing and \nUrban Development shall prescribe regulations setting forth the \nprocedures for making allocations under this section. Such procedures \nshall--\n            ``(1) include the criteria used in selecting the \n        corporations to which the allocations are made, and\n            ``(2) be designed to ensure a reasonable availability, on a \n        geographical basis, of the benefits of this subpart.\n\n``SEC. 253. DEFINITIONS AND SPECIAL RULES.\n\n    ``(a) Qualified Contributing Corporation.--For purposes of this \nsubpart, the term `qualified contributing corporation' means any \ndomestic corporation which is not a small business concern; except that \nsuch term shall not include any corporation predominantly engaged in a \nbanking, insurance, finance, or similar business.\n    ``(b) Urban Entrepreneurial Opportunity Financing Subsidiary.--For \npurposes of this subpart, the term `urban entrepreneurial opportunity \nfinancing subsidiary' means any domestic corporation--\n            ``(1) all the stock of which (exclusive of directors' \n        qualifying shares) is held directly by one qualified \n        contributing corporation, and\n            ``(2) all the activities of which consist of--\n                    ``(A) making qualified enterprise zone business \n                loans,\n                    ``(B) providing management, administrative, \n                consulting, and other support services to qualified \n                small business concerns to which such corporation has \n                made qualified enterprise zone business loans, and\n                    ``(C) making temporary investments (for a period \n                not exceeding 6 months) of amounts being held for \n                purposes of making qualified enterprise zone business \n                loans.\n    ``(c) Qualified Enterprise Zone Business Loans.--For purposes of \nthis subpart, the term `qualified enterprise zone business loan' means \nany loan made by an urban entrepreneurial opportunity financing \nsubsidiary if--\n            ``(1) such loan is made to a qualified small business \n        concern and such concern is not related (within the meaning of \n        section 267(b) or 707(b)) to such subsidiary or the qualified \n        contributing corporation holding such subsidiary,\n            ``(2) the proceeds of such loan are used by such qualified \n        small business concern in the active conduct of a trade or \n        business in an urban enterprise zone,\n            ``(3) the urban entrepreneurial opportunity financing \n        subsidiary provides (without charge) substantial qualified \n        services to the qualified small business concern in connection \n        with such loan, except that such small business concern may \n        waive the requirements of this paragraph, and\n            ``(4) the interest on such loan does not exceed--\n                    ``(A) in the case of a secured loan, the prime rate \n                plus 3 percentage points, or\n                    ``(B) in the case of any other loan, the prime rate \n                plus 8 percentage points.\n    ``(d) Qualified Small Business Concern.--For purposes of this \nsubpart, the term `qualified small business concern' means any person \nif--\n            ``(1) such person is a small business concern within the \n        meaning of section 3 of the Small Business Act (15 U.S.C. 632), \n        and\n            ``(2) substantially all of the activities of such person \n        are within an urban enterprise zone.\n    ``(e) Other Definitions and Special Rules.--\n            ``(1) Urban enterprise zone.--For purposes of this subpart, \n        the term `urban enterprise zone' means--\n                    ``(A) any urban area designated as an enterprise \n                zone under any State law program, and\n                    ``(B) any urban area designated as an enterprise \n                zone under Federal law.\n            ``(2) Substantial qualified services.--For purposes of this \n        subpart, the term `substantial qualified services' means, with \n        respect to any loan made by an urban entrepreneurial \n        opportunity financing subsidiary, any management, \n        administrative, consulting, or other support services provided \n        to the borrower under such loan, but only if the amount of such \n        services, to be provided during the first year such loan is \n        outstanding involve at least 1,000 man-hours for each $100,000 \n        principal amount of such loan.\n            ``(3) Prime rate.--For purposes of this subpart--\n                    ``(A) In general.--The term `prime rate' means the \n                average predominant prime rate quoted by commercial \n                banks to large businesses, as determined by the Board \n                of Governors of the Federal Reserve System.\n                    ``(B) When determination made.--\n                            ``(i) Except as provided in clause (ii), \n                        the determination of the prime rate shall be \n                        made as of the time the loan is made.\n                            ``(ii) If the loan is a variable rate loan, \n                        the prime rate taken into account with respect \n                        to any change in rate shall be determined as of \n                        the time such change takes effect.\n            ``(4) Treatment of controlled groups.--Any group of \n        corporations treated as a single employer under section 52 (a) \n        or (b) shall be treated as one corporation for purposes of this \n        subpart.\n    ``(f) Employees of Borrower May Be Taken Into Account for Certain \nPurposes.--If--\n            ``(1) a qualified contributing corporation has provided \n        financing through an urban entrepreneurial opportunity \n        financing subsidiary to any qualified small business concern, \n        and\n            ``(2) such qualified small business concern designates such \n        subsidiary as its primary lender,\nsuch qualified contributing corporation may treat the employees of such \nqualified small business concern as its own employees for purposes of \ndetermining which such qualified contributing corporation is in \ncompliance with the requirements of any Federal law. A qualified small \nbusiness concern may designate only 1 urban entrepreneurial opportunity \nfinancing subsidiary is its primary lender for any period.''\n    (b) Clerical Amendment.--Part VIII of subchapter B of chapter 1 of \nsuch Code is amended by inserting after the part heading the following:\n\n                              ``Subpart A--General provisions.\n                              ``Subpart B--Tax incentives for urban \n                                        entrepreneurial opportunity \n                                        financing subsidiaries.\n\n                   ``Subpart A--General Provisions''.\n\n    (c) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act.","title":""}
+{"_id":"c437","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Urban Recovery and Growth Act''.\n\nSEC. 2. EXTENSION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS FOR \n              CERTAIN CITIES.\n\n    (a) In General.--Part III of subchapter Y of chapter 1 of the \nInternal Revenue Code of 1986 is amended by adding at the end the \nfollowing new section:\n\n``SEC. 1400U-4. EXTENSION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS \n              FOR CERTAIN CITIES.\n\n    ``(a) In General.--In the case of an economic development extension \nbond--\n            ``(1) such bond shall be treated for purposes of section \n        6431 as a qualified bond issued before January 1, 2011,\n            ``(2) subsection (b) of such section shall be applied by \n        substituting `45 percent' for `35 percent', and\n            ``(3) interest on such bond shall be includible in gross \n        income.\n    ``(b) Economic Development Extension Bond.--For purposes of this \nsection--\n            ``(1) In general.--The term `economic development extension \n        bond' means any specified bond issued during the 1-year period \n        beginning on the date of the enactment of this section as part \n        of an issue if--\n                    ``(A) 100 percent of the excess of--\n                            ``(i) the available project proceeds (as \n                        defined in section 54A) of such issue, over\n                            ``(ii) the amounts in a reasonably required \n                        reserve (within the meaning of section \n                        150(a)(3)) with respect to such issue,\n                are to be used for one or more qualified purposes, and\n                    ``(B) the issuer designates such bond for purposes \n                of this section.\n            ``(2) Specified bond.--\n                    ``(A) In general.--The term `specified bond' means \n                any obligation (other than a private activity bond) if \n                the interest on such obligation would (but for this \n                section) be excludable from gross income under section \n                103.\n                    ``(B) Applicable rules.--For purposes of applying \n                subparagraph (A)--\n                            ``(i) rules similar to the rules of section \n                        54AA(d)(2) shall apply, and\n                            ``(ii) section 148 shall not apply with \n                        respect to any issue with respect to which the \n                        excess described in paragraph (1)(A) is used \n                        for a qualified purpose described in paragraph \n                        (3)(B).\n            ``(3) Qualified purposes.--The term `qualified purposes' \n        means--\n                    ``(A) any qualified economic development purpose \n                (as defined in section 1400U-2(c), applied by treating \n                specified cities (and only specified cities) as \n                recovery zones), and\n                    ``(B) any refinancing of indebtedness of a \n                specified city which is outstanding on the date of the \n                enactment of this section.\n            ``(4) Specified city.--The term `specified city' means any \n        principal city for a metropolitan statistical area (as \n        determined by the Office of Management and Budget) which--\n                    ``(A) has an average unemployment rate of not less \n                than 150 percent of the national average rate for the \n                last calendar year ending before the date of the \n                enactment of this section, and\n                    ``(B) has lost at least 20 percent of its \n                population between calendar year 2000 and calendar year \n                2010.\n            ``(5) Limitation on amount of bonds designated.--\n                    ``(A) In general.--The maximum aggregate face \n                amount of bonds which may be designated under paragraph \n                (1) with respect to any specified city shall not exceed \n                the bond limitation allocated to such city under \n                subparagraph (B).\n                    ``(B) Allocation.--The Secretary shall allocate \n                bond limitation to each specified city such that the \n                bond limitation allocated to such city bears the same \n                proportion to $1,000,000,000 as the population of such \n                city (as determined for purposes of the 2010 census) \n                bears to the total population of all specified cities \n                (as so determined).''.\n    (b) Clerical Amendment.--The table of sections for part III of \nsubchapter Y of chapter 1 of such Code is amended by adding at the end \nthe following new item:\n\n``Sec. 1400U-4. Extension of recovery zone economic development bonds \n                            for certain cities.''.\n    (c) Effective Date.--The amendments made by this section shall \napply to obligations issued after the date of the enactment of this \nAct.","title":""}
+{"_id":"c438","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Verifying Official Totals for \nElections Act''.\n\nSEC. 2. DEPOSIT OF ELECTION-DEDICATED VOTING SYSTEM TECHNOLOGY IN \n              NATIONAL SOFTWARE REFERENCE LIBRARY.\n\n    (a) Deposit Required; Conditions for Disclosure.--Section 301(a) of \nthe Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by \nadding at the end the following new paragraph:\n            ``(7) Prohibiting use of election-dedicated voting system \n        technologies not deposited with national software reference \n        library; disclosure requirements.--\n                    ``(A) Prohibition.--\n                            ``(i) In general.--A voting system used in \n                        an election for Federal office in a State may \n                        not at any time during the election contain or \n                        use any election-dedicated voting system \n                        technology which is not deposited by the State \n                        (or, at the option of the State, by the vendor \n                        of the technology) with the National Software \n                        Reference Library of the National Institute of \n                        Standards and Technology prior to the date of \n                        the election, to be held in escrow and subject \n                        to disclosure in accordance with subparagraph \n                        (B).\n                            ``(ii) Extension of deadline for deposit.--\n                        If the chief State election official certifies \n                        to the Director of the National Institute of \n                        Standards and Technology prior to the date of \n                        the election that, because of a revision to the \n                        election-dedicated voting system technology \n                        which is made less than 30 days prior to the \n                        date of the election, the State or vendor is \n                        unable to deposit the technology in accordance \n                        with clause (i) prior to the date of the \n                        election, the voting system used in the \n                        election may contain or use the technology if--\n                                    ``(I) the chief State election \n                                official approves the use of the \n                                technology for the election; and\n                                    ``(II) the State or vendor deposits \n                                the technology in accordance with \n                                clause (i) not later than 1 week after \n                                the date of the election.\n                            ``(iii) Enforcement of vendor \n                        responsibilities.--If a State opts to require \n                        the vendor of election-dedicated voting system \n                        technology to deposit the technology in \n                        accordance with this subparagraph and the \n                        vendor fails to do so, the Attorney General may \n                        bring a civil action against the vendor in an \n                        appropriate district court for such relief as \n                        may be appropriate, including injunctive relief \n                        or an order for a civil penalty in an amount \n                        not to exceed $500,000.\n                    ``(B) Requirement for disclosure and limitation on \n                restricting disclosure.--With respect to any election-\n                dedicated voting system technology which is deposited \n                under subparagraph (A), the Director of the National \n                Institute of Standards and Technology shall--\n                            ``(i) hold the technology in escrow; and\n                            ``(ii) disclose technology and information \n                        regarding the technology to another person if--\n                                    ``(I) the person is a qualified \n                                person described in subparagraph (C) \n                                who has entered into a nondisclosure \n                                agreement with respect to the \n                                technology which meets the requirements \n                                of subparagraph (D); or\n                                    ``(II) the Director is permitted or \n                                required to disclose the technology to \n                                the person under the law of the \n                                applicable State, in accordance with \n                                the terms and conditions applicable \n                                under such law.\n                    ``(C) Qualified persons described.--With respect to \n                the disclosure of election-dedicated voting system \n                technology under subparagraph (B)(ii)(I), a `qualified \n                person' is any of the following:\n                            ``(i) A governmental entity with \n                        responsibility for the administration of voting \n                        and election-related matters in elections for \n                        Federal office, for purposes of reviewing, \n                        analyzing, or reporting on the technology.\n                            ``(ii) If permitted under a court order, a \n                        party to post-election litigation challenging \n                        the result of an election or the administration \n                        or use of the technology used in an election, \n                        but only to the extent permitted under the \n                        terms and conditions of such court order.\n                            ``(iii) A person who reviews, analyzes, or \n                        reports on the technology solely for an \n                        investigation or inquiry concerning the \n                        accuracy or integrity of the technology \n                        pursuant to clause (i) or (ii).\n                    ``(D) Requirements for nondisclosure agreements.--A \n                nondisclosure agreement entered into with respect to an \n                election-dedicated voting system technology meets the \n                requirements of this subparagraph if the agreement--\n                            ``(i) is limited in scope to coverage of \n                        the technology disclosed under subparagraph (B) \n                        and any trade secrets and intellectual property \n                        rights related thereto;\n                            ``(ii) does not prohibit a signatory from \n                        entering into other nondisclosure agreements to \n                        review other technologies under this paragraph;\n                            ``(iii) exempts from coverage both \n                        information the signatory lawfully obtained \n                        from another source and information in the \n                        public domain;\n                            ``(iv) remains in effect for not longer \n                        than the life of any trade secret or other \n                        intellectual property right related thereto;\n                            ``(v) prohibits the request or use of \n                        injunctions that bar a signatory from carrying \n                        out any activity authorized under subparagraph \n                        (C), including injunctions limited to the \n                        period prior to a judicial proceeding involving \n                        the technology;\n                            ``(vi) is silent as to damages awarded for \n                        breach of the agreement, other than a reference \n                        to damages available under applicable law;\n                            ``(vii) allows disclosure of evidence \n                        relating to possible criminal conduct or other \n                        violations of law, including in response to a \n                        subpoena or warrant;\n                            ``(viii) allows disclosures and testimony \n                        to legislative branch authorities, judicial \n                        proceedings, and executive branch \n                        investigations in response to a subpoena or \n                        warrant or as otherwise provided by law; and\n                            ``(ix) provides that the agreement shall be \n                        governed by the trade secret laws of the \n                        applicable State.\n                    ``(E) Election-dedicated voting system technology \n                defined.--For purposes of this paragraph:\n                            ``(i) In general.--The term `election-\n                        dedicated voting system technology' means the \n                        following:\n                                    ``(I) The source code used for the \n                                trusted build and the file signatures \n                                for the trusted build.\n                                    ``(II) A complete disk image of the \n                                pre-build, build environment, and any \n                                file signatures to validate that it is \n                                unmodified.\n                                    ``(III) A complete disk image of \n                                the post-build, build environment, and \n                                any file signatures to validate that it \n                                is unmodified.\n                                    ``(IV) All executable code produced \n                                by the trusted build and any file \n                                signatures to validate that it is \n                                unmodified.\n                                    ``(V) Installation devices and \n                                software file signatures.\n                            ``(ii) Exclusion.--Such term does not \n                        include `commercial-off-the-shelf' software and \n                        hardware defined under the voluntary voting \n                        system guidelines adopted by the Commission \n                        under section 222 which are in effect as of the \n                        date of the election involved.\n                    ``(F) Trusted build defined.--For purposes of this \n                paragraph, the term `trusted build' means a witnessed \n                software build in which source code is converted to \n                machine-readable binary instructions (executable code) \n                in a manner providing security measures that help \n                ensure that the executable code is a verifiable and \n                faithful representation of the source code.''.\n    (b) Effective Date.--The amendment made by this section shall apply \nwith respect to elections occurring during 2013 or any succeeding year.\n\nSEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL INSTITUTE OF \n              STANDARDS AND TECHNOLOGY.\n\n    There are authorized to be appropriated to the National Institute \nof Standards and Technology for each fiscal year such sums as may be \nnecessary to enable the Institute, including the National Software \nReference Library of the Institute, to carry out paragraph (7) of \nsection 301(a) of the Help America Vote Act of 2002, as added by \nsection 2(a).","title":""}
+{"_id":"c439","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Veterans Acquiring Community Care \nExpect Safe Services Act of 2017'' or the ``Veterans ACCESS Act''.\n\nSEC. 2. PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM PROVIDING NON-\n              DEPARTMENT HEALTH CARE SERVICES TO VETERANS.\n\n    (a) In General.--On and after the date that is one year after the \ndate of the enactment of this Act, the Secretary of Veterans Affairs \nshall deny or revoke the eligibility of a health care provider to \nprovide non-Department health care services to veterans if the \nSecretary determines that the health care provider--\n            (1) was removed from employment with the Department of \n        Veterans Affairs due to conduct that violated a policy of the \n        Department relating to the delivery of safe and appropriate \n        health care;\n            (2) violated the requirements of a medical license of the \n        health care provider;\n            (3) had a Department credential revoked and the grounds for \n        such revocation impacts the ability of the health care provider \n        to deliver safe and appropriate health care; or\n            (4) violated a law for which a term of imprisonment of more \n        than one year may be imposed.\n    (b) Permissive Action.--On and after the date that is one year \nafter the date of the enactment of this Act, the Secretary may deny, \nrevoke, or suspend the eligibility of a health care provider to provide \nnon-Department health care services if the Secretary has reasonable \nbelief that such action is necessary to immediately protect the health, \nsafety, or welfare of veterans and--\n            (1) the health care provider is under investigation by the \n        medical licensing board of a State in which the health care \n        provider is licensed or practices;\n            (2) the health care provider has entered into a settlement \n        agreement for a disciplinary charge relating to the practice of \n        medicine by the health care provider; or\n            (3) the Secretary otherwise determines that such action is \n        appropriate under the circumstances.\n    (c) Suspension.--The Secretary shall suspend the eligibility of a \nhealth care provider to provide non-Department health care services to \nveterans if the health care provider is suspended from serving as a \nhealth care provider of the Department.\n    (d) Initial Review of Department Employment.--Not later than one \nyear after the date of the enactment of this Act, with respect to each \nhealth care provider providing non-Department health care services, the \nSecretary shall review the status of each such health care provider as \nan employee of the Department and the history of employment of each \nsuch health care provider with the Department to determine whether the \nhealth care provider is described in any of subsections (a) through \n(c).\n    (e) Comptroller General Report.--Not later than two years after the \ndate of the enactment of this Act, the Comptroller General of the \nUnited States shall submit to Congress a report on the implementation \nby the Secretary of this section, including the following:\n            (1) The aggregate number of health care providers denied or \n        suspended under this section from participation in providing \n        non-Department health care services.\n            (2) An evaluation of any impact on access to health care \n        for patients or staffing shortages in programs of the \n        Department providing non-Department health care services.\n            (3) An explanation of the coordination of the Department \n        with the medical licensing boards of States in implementing \n        this section, the amount of involvement of such boards in such \n        implementation, and efforts by the Department to address any \n        concerns raised by such boards with respect to such \n        implementation.\n            (4) Such recommendations as the Comptroller General \n        considers appropriate regarding harmonizing eligibility \n        criteria between health care providers of the Department and \n        health care providers eligible to provide non-Department health \n        care services.\n    (f) Non-Department Health Care Services Defined.--In this section, \nthe term ``non-Department health care services'' means services--\n            (1) provided under subchapter I of chapter 17 of title 38, \n        United States Code, at non-Department facilities (as defined in \n        section 1701 of such title);\n            (2) provided under section 101 of the Veterans Access, \n        Choice, and Accountability Act of 2014 (Public Law 113-146; 38 \n        U.S.C. 1701 note);\n            (3) purchased through the Medical Community Care account of \n        the Department; or\n            (4) purchased with amounts deposited in the Veterans Choice \n        Fund under section 802 of the\n\n\n              \n\n         Veterans Access, Choice, and Accountability Act of 2014.\n\n            Passed the Senate November 9, 2017.\n\n            Attest:\n\n                                                JULIE E. ADAMS,\n\n                                                             Secretary.","title":""}
+{"_id":"c44","text":"SECTION 1. LIMITED AUTHORITY FOR DEPARTMENT OF DEFENSE PERSONNEL WHO \n              ARE FACULTY MEMBERS AT DEPARTMENT OF DEFENSE SCHOOLS OR \n              OTHER ACADEMIES TO SECURE COPYRIGHTS FOR CERTAIN \n              SCHOLARLY WORKS.\n\n    (a) Authority.--(1) Chapter 53 of title 10, United States Code, is \namended by inserting after section 1033 the following new section:\n``Sec. 1033a. Faculty of service academies and Department of Defense \n              professional schools: limited authority to secure \n              copyrights for certain works\n    ``(a) Authority.--Subject to regulations prescribed under \nsubsection (f), a person who is a member of the Army, Navy, Air Force, \nor Marine Corps, or a civilian employee of the Department of Defense, \nand is a faculty member of an institution described in subsection (e) \nmay, notwithstanding section 105 or 201(b) of title 17, secure \ncopyright protection under title 17 for a qualifying work, but only for \nthe purposes of submitting such work for publication in a scholarly \njournal, publication, or other edited work for which such a copyright \nis a requirement for consideration for publication or otherwise as may \nbe prescribed under regulations under this section.\n    ``(b) Qualifying Works.--A work is a qualifying work for purposes \nof this section if the work--\n            ``(1) is prepared as part of a person's official duties; \n        and\n            ``(2) meets such criteria as the Secretary of Defense may \n        prescribe by regulation as a scholarly work for which copyright \n        protection as provided in subsection (a) is warranted.\n    ``(c) Transfer of Copyright.--Upon acceptance for publication of a \nwork for which copyright protection exists by reason of subsection (a), \nthe person holding the copyright shall transfer the copyright to the \nowner or publisher of the medium in which the work will be published.\n    ``(d) Royalties, Etc.--No royalties or other compensation may be \naccepted by a person described in subsection (a) by reason of copyright \nprotection that exists by reason of subsection (a).\n    ``(e) Covered Institutions.--The institutions referred to in \nsubsection (a) are the following:\n            ``(1) The United States Military Academy, United States \n        Naval Academy, and United States Air Force Academy.\n            ``(2) The National Defense University.\n            ``(3) Any war college of the armed forces.\n            ``(4) Any graduate-level college or university of the \n        Department of Defense.\n            ``(5) The Coast Guard Academy.\n            ``(6) The United States Merchant Marine Academy.\n    ``(f) Regulations.--The Secretary of Defense shall prescribe \nregulations for the purposes of this section. Such regulations shall \ninclude provisions specifying the types of works for which copyright \nprotection may be secured by a person described in subsection (a).''.\n    (2) The table of sections at the beginning of such chapter is \namended by inserting after the item relating to section 1033 the \nfollowing new item:\n\n``1033a. Faculty of service academies and Department of Defense \n                            professional schools: limited authority to \n                            secure copyrights for certain works.''.\n    (b) Effective Date.--Section 1033a of title 10, United States Code, \nas added by subsection (a), shall apply only with respect to works \nthat, as determined under regulations prescribed under that section, \nare produced after the date of the enactment of this Act.\n    (c) Deadline for Regulations.--The Secretary of Defense shall \nprescribe regulations under subsection (f) of section 1033a of title \n10, United States Code, as added by subsection (a), not later than 180 \ndays after the date of the enactment of this Act.\n\nSEC. 2. LIMITED AUTHORITY FOR FACULTY MEMBERS AT COAST GUARD ACADEMY TO \n              SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS.\n\n    (a) Authority.--(1) Chapter 9 of title 14, United States Code, is \namended by inserting after section 196 the following new section:\n``Sec. 197. Limited authority for faculty members to secure copyrights \n              for certain works\n    ``(a) Authority.--Subject to regulations prescribed under \nsubsection (f), a person who is a member of the Coast Guard, or a \ncivilian employee of the Coast Guard, and is a faculty member of an \ninstitution described in subsection (e) may, notwithstanding section \n105 or 201(b) of title 17, secure copyright protection under title 17 \nfor a qualifying work, but only for the purposes of submitting such \nwork for publication in a scholarly journal, publication, or other \nedited work for which such a copyright is a requirement for \nconsideration for publication or otherwise as may be prescribed under \nregulations under this section.\n    ``(b) Qualifying Works.--A work is a qualifying work for purposes \nof this section if the work--\n            ``(1) is prepared as part of a person's official duties; \n        and\n            ``(2) meets such criteria as the Secretary may prescribe by \n        regulation as a scholarly work for which copyright protection \n        as provided in subsection (a) is warranted.\n    ``(c) Transfer of Copyright.--Upon acceptance for publication of a \nwork for which copyright protection exists by reason of subsection (a), \nthe person holding the copyright shall transfer the copyright to the \nowner or publisher of the medium in which the work will be published.\n    ``(d) Royalties, Etc.--No royalties or other compensation may be \naccepted by a person described in subsection (a) by reason of copyright \nprotection that exists by reason of subsection (a).\n    ``(e) Covered Institutions.--The institutions referred to in \nsubsection (a) are the following:\n            ``(1) The Coast Guard Academy.\n            ``(2) The United States Merchant Marine Academy.\n            ``(3) The United States Military Academy, United States \n        Naval Academy, and United States Air Force Academy.\n            ``(4) The National Defense University.\n            ``(5) Any war college of the armed forces.\n            ``(6) Any graduate-level college or university of the \n        Department of Defense.\n    ``(f) Regulations.--The Secretary shall prescribe regulations for \nthe purposes of this section. Such regulations shall include provisions \nspecifying the types of works for which copyright protection may be \nsecured by a person described in subsection (a).''.\n    (2) The table of sections at the beginning of such chapter is \namended by inserting after the item relating to section 196 the \nfollowing new item:\n\n``197. Limited authority for faculty members to secure copyrights for \n                            certain works.''.\n    (b) Effective Date.--Section 197 of title 14, United States Code, \nas added by subsection (a), shall apply only with respect to works \nthat, as determined under regulations prescribed under that section, \nare produced after the date of the enactment of this Act.\n    (c) Deadline for Regulations.--The Secretary of the department in \nwhich the Coast Guard is operating shall prescribe regulations under \nsubsection (f) of section 197 of title 14, United States Code, as added \nby subsection (a), not later than 180 days after the date of the \nenactment of this Act.\n\nSEC. 3. LIMITED AUTHORITY FOR FACULTY MEMBERS AT UNITED STATES MERCHANT \n              MARINE ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN WORKS.\n\n    (a) Authority.-- Title XIII of the Merchant Marine Act, 1936 (46 \nApp. U.S.C. 1295 et seq.) is amended by adding at the end the following \nnew section:\n\n``SEC. 1308. LIMITED AUTHORITY FOR FACULTY MEMBERS TO SECURE COPYRIGHTS \n              FOR CERTAIN WORKS.\n\n    ``(a) Authority.--Subject to regulations prescribed under \nsubsection (f), a person who is an employee of the Department of \nTransportation and is a faculty member of an institution described in \nsubsection (e) may, notwithstanding section 105 or 201(b) of title 17, \nsecure copyright protection under title 17 for a qualifying work, but \nonly for the purposes of submitting such work for publication in a \nscholarly journal, publication, or other edited work for which such a \ncopyright is a requirement for consideration for publication or \notherwise as may be prescribed under regulations under this section.\n    ``(b) Qualifying Works.--A work is a qualifying work for purposes \nof this section if the work--\n            ``(1) is prepared as part of a person's official duties; \n        and\n            ``(2) meets such criteria as the Secretary of \n        Transportation may prescribe by regulation as a scholarly work \n        for which copyright protection as provided in subsection (a) is \n        warranted.\n    ``(c) Transfer of Copyright.--Upon acceptance for publication of a \nwork for which copyright protection exists by reason of subsection (a), \nthe person holding the copyright shall transfer the copyright to the \nowner or publisher of the medium in which the work will be published.\n    ``(d) Royalties, Etc.--No royalties or other compensation may be \naccepted by a person described in subsection (a) by reason of copyright \nprotection that exists by reason of subsection (a).\n    ``(e) Covered Institutions.--The institutions referred to in \nsubsection (a) are the following:\n            ``(1) The United States Merchant Marine Academy.\n            ``(2) The Coast Guard Academy.\n            ``(3) The United States Military Academy, United States \n        Naval Academy, and United States Air Force Academy.\n            ``(4) The National Defense University.\n            ``(5) Any war college of the armed forces.\n            ``(6) Any graduate-level college or university of the \n        Department of Defense.\n    ``(f) Regulations.--The Secretary of Transportation shall prescribe \nregulations for the purposes of this section. Such regulations shall \ninclude provisions specifying the types of works for which copyright \nprotection may be secured by a person described in subsection (a).''.\n    (b) Effective Date.--Section 1308 of Merchant Marine Act, 1936, as \nadded by subsection (a), shall apply only with respect to works that, \nas determined under regulations prescribed under that section, are \nproduced after the date of the enactment of this Act.\n    (c) Deadline for Regulations.--The Secretary of Transportation \nshall prescribe regulations under section 1308 of Merchant Marine Act, \n1936, as added by subsection (a), not later than 180 days after the \ndate of the enactment of this Act.","title":""}
+{"_id":"c440","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Veterans Benefits Administration \nImprovement Act of 2001''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) The Veterans Benefits Administration of the Department \n        of Veterans Affairs is responsible for the timely and accurate \n        processing of claims for veterans compensation and pension.\n            (2) The accuracy of claims processing within the Veterans \n        Benefits Administration has been a subject of concern to \n        veterans, Congress, and the Department of Veterans Affairs.\n            (3) While the Veterans Benefits Administration has reported \n        in the past a 95 percent accuracy rate in processing claims, a \n        new accuracy measurement system known as the Systematic \n        Technical Accuracy Review found that, in 1998 and again in \n        2000, initial reviews of veterans claims were accurate only 64 \n        percent of the time.\n            (4) The Veterans Benefits Administration could lose up to \n        30 percent of its workforce to retirement by 2003, making \n        adequate training for claims adjudicators even more necessary \n        to ensure veterans claims are processed efficiently.\n            (5) The Veterans Benefits Administration needs to take more \n        aggressive steps to ensure that veterans claims are processed \n        in an accurate and timely fashion so as to avoid unnecessary \n        delays in providing veterans with compensation and pension \n        benefits.\n            (6) In 2001 the expected appeals processing time for a \n        claim from notice of disagreement to final decision is 621 \n        days.\n            (7) As of September 2001, the Veterans Benefits \n        Administration backlog of pending work was 533,029 claims.\n\nSEC. 3. IMPROVEMENT OF PROCESSING OF VETERANS BENEFITS CLAIMS.\n\n    (a) Plan Required.--Not later than 90 days after the date of \nenactment of this Act, the Secretary of Veterans Affairs shall submit \nto the Committees on Veterans' Affairs of the Senate and the House of \nRepresentatives, the Majority Leader of the Senate, and the Speaker of \nthe House of Representatives a comprehensive plan for the improvement \nof the processing of claims for veterans compensation and pension.\n    (b) Elements.--The plan under subsection (a) shall include the \nfollowing:\n            (1) Mechanisms for the improvement of training of claims \n        adjudicators and for the enhancement of employee accountability \n        standards in order to ensure that initial reviews of claims are \n        accurate and that unnecessary appeals of benefit decisions and \n        delays in benefit payments are avoided.\n            (2) Mechanisms for strengthening the ability of the \n        Veterans Benefits Administration to identify recurring errors \n        in claims adjudications by improving data collection and \n        management relating to--\n                    (A) the human body and impairments common in \n                disability and pension claims; and\n                    (B) recurring deficiencies in medical evidence and \n                examinations.\n            (3) Mechanisms for implementing a system for reviewing \n        claims processing accuracy that meets the internal control \n        standard of the Federal Government on separation of duties and \n        the program performance audit standard of the Federal \n        Government on organizational independence.\n            (4) Mechanisms for evaluating the impact of the Training \n        and Performance Support System on the accuracy and consistency \n        of claims processing.\n            (5) Quantifiable goals for each of the mechanisms developed \n        under paragraphs (1) through (4).\n    (c) Consultation.--In developing the plan under subsection (a), the \nSecretary shall consult with and obtain the views of veterans \norganizations, county veteran service associations, and other \ninterested parties.\n    (d) Implementation.--The Secretary shall implement the plan under \nsubsection (a) commencing 60 days after the date of the submittal of \nthe plan under that subsection.\n    (e) Modification.--(1) The Secretary may modify the plan submitted \nunder subsection (a).\n    (2) Any modification under paragraph (1) shall not take effect \nuntil 30 days after the date on which the Secretary submits to the \nCommittees on Veterans' Affairs of the Senate and the House of \nRepresentatives, the Majority Leader of the Senate, and the Speaker of \nthe House of Representatives a notice regarding such modification.\n    (f) Reports.--Not later than January 1, 2003, and every six months \nthereafter, the Secretary shall submit to the Committees on Veterans' \nAffairs of the Senate and the House of Representatives, the Majority \nLeader of the Senate, and the Speaker of the House of Representatives a \nreport assessing implementation of the plan under subsection (a) during \nthe preceding 6 months, including an assessment of whether the goals \nset forth under subsection (b)(5) are being achieved.\n    (g) Funding.--The Secretary shall carry out the plan under this \nsection in any fiscal year using amounts appropriated or otherwise made \navailable for the Veterans Benefits Administration for that fiscal \nyear.","title":""}
+{"_id":"c441","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Veterans Education Equity Act of \n2011''.\n\nSEC. 2. PROTECTING EQUITY FOR TUITION AND FEES FOR INDIVIDUALS ENTITLED \n              TO ASSISTANCE UNDER THE POST-9\/11 EDUCATIONAL ASSISTANCE \n              PROGRAM WHO ARE PURSUING PROGRAMS OF EDUCATION AT \n              INSTITUTIONS OF HIGHER LEARNING.\n\n    (a) In General.--Clause (i) of subparagraph (A) of paragraph (1) of \nsubsection (c) of section 3313 of title 38, United States Code, is \namended to read as follows:\n                            ``(i) In the case of a program of education \n                        pursued at a public institution of higher \n                        learning, the lesser of--\n                                    ``(I) the actual net cost for \n                                tuition and fees assessed by the \n                                institution for the program of \n                                education after the application of--\n                                            ``(aa) any waiver of, or \n                                        reduction in, tuition and fees; \n                                        and\n                                            ``(bb) any scholarship, or \n                                        other Federal, State, \n                                        institutional, or employer-\n                                        based aid or assistance (other \n                                        than loans and any funds \n                                        provided under section 401(b) \n                                        of the Higher Education Act of \n                                        1965 (20 U.S.C. 1070a)) that is \n                                        provided directly to the \n                                        institution and specifically \n                                        designated for the sole purpose \n                                        of defraying tuition and fees; \n                                        or\n                                    ``(II) the greater of--\n                                            ``(aa) the actual net cost \n                                        for in-State tuition and fees \n                                        assessed by the institution for \n                                        the program of education after \n                                        the application of--\n\n                                                    ``(AA) any waiver \n                                                of, or reduction in, \n                                                tuition and fees; and\n\n                                                    ``(BB) any \n                                                scholarship, or other \n                                                Federal, State, \n                                                institutional, or \n                                                employer-based aid or \n                                                assistance (other than \n                                                loans and any funds \n                                                provided under section \n                                                401(b) of the Higher \n                                                Education Act of 1965 \n                                                (20 U.S.C. 1070a)) that \n                                                is provided directly to \n                                                the institution and \n                                                specifically designated \n                                                for the sole purpose of \n                                                defraying tuition and \n                                                fees; or\n\n                                            ``(bb) the amount equal \n                                        to--\n\n                                                    ``(AA) for the \n                                                academic year beginning \n                                                on August 1, 2011, \n                                                $17,500; or\n\n                                                    ``(BB) for any \n                                                subsequent academic \n                                                year, the amount in \n                                                effect for the previous \n                                                academic year under \n                                                this subclause, as \n                                                increased by the \n                                                percentage increase \n                                                equal to the most \n                                                recent percentage \n                                                increase determined \n                                                under section 3015(h) \n                                                of this title.''.\n\n    (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to the payment of educational assistance for an \nacademic year beginning on or after the date of the enactment of this \nAct.","title":""}
+{"_id":"c442","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Veterans Education Flexibility \nAct''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n    (a) Findings.--Congress finds the following:\n            (1) According to the ``National Survey of Veterans, Active \n        Duty Service Members, Demobilized National Guard and Reserve \n        Members, Family Members, and Surviving Spouses Final Report'', \n        commissioned by the Secretary of Veterans Affairs in 2010, 20.6 \n        percent of eligible veterans--approximately 2,621,753 \n        veterans--were unable to use their GI bill educational benefits \n        because their period of eligibility expired.\n            (2) The time limitations for using GI bill educational \n        benefits do not reflect the realities of the modern economy of \n        the United States. After leaving the service, many veterans \n        postpone further education to join the workforce and support \n        their families or are faced with lengthy rehabilitations from \n        service-related injuries.\n            (3) Access to education and job retraining has proved the \n        arbiter of success in today's economy, and if the United States \n        is to lower the unemployment rate among the veteran population, \n        the United States must provide veterans unfettered access to \n        educational benefits.\n    (b) Purpose.--The purpose of this Act is to remove the delimiting \ndates and retroactively restore the Department of Veterans Affairs \nEducational benefits within the Post-Vietnam Era Veterans' Educational \nAssistance Program (VEAP), Montgomery GI Bill-Active Duty (MGIB-AD), \nand Post-9\/11 GI Bill.\n\nSEC. 3. ELIMINATION OF TIME LIMITATION FOR USE OF ELIGIBILITY AND \n              ENTITLEMENT TO EDUCATIONAL ASSISTANCE.\n\n    (a) Montgomery GI Bill-Active Duty.--\n            (1) In general.--Section 3031 of chapter 30 of title 38, \n        United States Code, is amended to read as follows:\n``Sec. 3031. Extension of entitlement to educational assistance \n              expiring during a quarter or semester or after a major \n              portion of a course is complete\n    ``(a) Educational Institutions Operating on Quarter or Semester \nSystem.--If an individual eligible for educational assistance under \nthis chapter is enrolled under this chapter in an educational \ninstitution regularly operated on the quarter or semester system and \nthe period of such individual's entitlement under this chapter would, \nunder section 3013, expire during a quarter or semester, such period \nshall be extended to the end of such quarter or semester.\n    ``(b) Other Educational Institutions.--If an individual eligible \nfor educational assistance under this chapter is enrolled under this \nchapter in an educational institution not regularly operated on the \nquarter or semester system and the period of such individual's \nentitlement under this chapter would, under section 3013, expire after \na major portion of the course is completed, such period shall be \nextended to the end of the course or for 12 weeks, whichever is the \nlesser period of extension.''.\n            (2) Clerical amendment.--The table of sections at the \n        beginning of such chapter is amended by striking the item \n        relating to section 3031 and inserting the following new item:\n\n``3031. Extension of entitlement to educational assistance expiring \n                            during a quarter or semester or after a \n                            major portion of a course is complete.''.\n            (3) Conforming amendments.--Chapter 33 of title 38, United \n        States Code, is amended--\n                    (A) in section 3018C(e)(3)(B)--\n                            (i) by striking ``(i) The Secretary'' and \n                        inserting ``The Secretary''; and\n                            (ii) by striking clause (ii); and\n                    (B) in section 3020--\n                            (i) in subsection (f)(1), by striking \n                        ``Subject to the time limitation for use of \n                        entitlement under section 3031 of this title, \n                        an'' and inserting ``An''; and\n                            (ii) in subsection (h), by striking \n                        ``Notwithstanding section 3031 of this title, \n                        a'' and inserting ``A''.\n    (b) Post-Vietnam Era Veterans' Educational Assistance Program.--\n            (1) In general.--Section 3232 of title 38, United States \n        Code, is amended--\n                    (A) by striking subsections (a) and (b); and\n                    (B) by redesignating subsections (c) and (d) as \n                subsections (a) and (b), respectively.\n            (2) Conforming amendment.--Section 3035(b)(1) of title 38, \n        United States Code, is amended by striking ``and from'' and all \n        that follows through ``title''.\n    (c) Post-9\/11 GI Bill.--\n            (1) In general.--Section 3321 of chapter 30 of title 38, \n        United States Code, is amended to read as follows:\n``Sec. 3321. Extension of entitlement to educational assistance \n              expiring during a quarter or semester or after a major \n              portion of a course is complete\n    ``Section 3031 shall apply with respect to the termination of an \nindividual's entitlement to educational assistance under this chapter \nin the same manner as such section applies to the termination of an \nindividual's entitlement to educational assistance under chapter 30, \nexcept that, in the administration of such section for purposes of this \nchapter, the reference to section 3013 shall be deemed to be a \nreference to section 3312 of this title.''.\n            (2) Clerical amendment.--The table of sections at the \n        beginning of such chapter is amended by striking the item \n        relating to section 3321 and inserting the following new item:\n\n``3321. Extension of entitlement to educational assistance expiring \n                            during a quarter or semester or after a \n                            major portion of a course is complete.''.\n            (3) Conforming amendments.--Chapter 33 of title 38, United \n        States Code, is amended--\n                    (A) in section 3312(b), by striking ``3321(b)(2)'' \n                and inserting ``3321'';\n                    (B) in section 3319--\n                            (i) in subsection (f)(1), by striking \n                        ``Subject to'' and all that follows through \n                        ``an'' and inserting ``An''; and\n                            (ii) in subsection (h)(5)(A), by striking \n                        ``may use'' and all that follows through \n                        ``but''.\n    (d) Conforming Amendments for Reserve Component Programs.--\n            (1) Selected reserve.--Section 16133(b) of title 10, United \n        States Code, is amended--\n                    (A) in paragraph (2), by striking ``section \n                3031(f)'' and inserting ``subsections (a) and (b) of \n                section 3031''; and\n                    (B) in paragraph (3), by inserting ``, as such \n                section existed on the day before the date of the \n                enactment of the Veterans Education Flexibility Act,'' \n                after ``title 38''.\n            (2) Other reserve components.--Section 16164(b)(2) of title \n        10, United States Code, is amended to read as follows:\n    ``(2) The following provisions shall apply to the period of \nentitlement prescribed by paragraph (1):\n            ``(A) Subsections (a) and (b) of section 3031 of title 38.\n            ``(B) Subsection (d) of section 3031 of title 38, as such \n        subsection existed on the day before the date of the enactment \n        of the Veterans Education Flexibility Act.''.\n    (e) Applicability.--The amendments made by this section shall apply \nwith respect to any individual who has been entitled to educational \nassistance under chapters 30, 32, or 33 of title 38, United States \nCode. For purposes of determining the number of months of entitlement \nto such educational assistance that an individual is entitled to, the \nSecretary of Veterans Affairs shall disregard any delimiting date \neliminated by this Act that occurred before the date of the enactment \nof this Act.","title":""}
+{"_id":"c443","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Veterans Sexual Trauma Treatment \nAct''.\n\nSEC. 2. COUNSELING AND TREATMENT FOR VETERANS WHO HAVE EXPERIENCED \n              SEXUAL TRAUMA.\n\n    (a) Duration of Program.--Section 1720D of title 38, United States \nCode, is amended in subsection (a)--\n            (1) in paragraph (1), by striking ``During the period \n        through December 31, 2001, the'' and inserting ``The'';\n            (2) in paragraph (2), by striking ``During the period \n        referred to in paragraph (1), the'' and inserting ``The''; and\n            (3) in paragraph (3), by striking ``, during the period \n        through December 31, 2001,''.\n    (b) Mandatory Nature of Program.--Subsection (a) of such section is \nfurther amended in paragraphs (1) and (2) by striking ``may'' and \ninserting ``shall''.\n    (c) Provision of Treatment for Sexual Trauma.--Such subsection is \nfurther amended in paragraphs (1) and (3) by inserting ``and \ntreatment'' after ``counseling'' each place it appears.\n    (d) Determinations To Be Made by Mental Health Professionals.--Such \nsubsection is further amended in paragraph (1) by striking ``the \nSecretary determines'' and inserting ``a mental health professional \nemployed by the Department determines''.\n    (e) Outreach Efforts.--Subsection (c) of such section is amended--\n            (1) by inserting ``and treatment'' in the first sentence \n        and in paragraph (2) after ``counseling'';\n            (2) by striking ``and'' at the end of paragraph (1);\n            (3) by redesignating paragraph (2) as paragraph (3); and\n            (4) by inserting after paragraph (1) the following new \n        paragraph (2):\n            ``(2) shall ensure that information about the counseling \n        and treatment available to veterans under this section (which \n        information shall be revised and updated not less often than \n        every two years)--\n                    ``(A) is made available and visibly posted at each \n                facility of the Department; and\n                    ``(B) is advertised through public service \n                announcements, pamphlets, billboards, and other \n                appropriate means of communication; and''.\n    (f) Persons Eligible for Counseling and Treatment.--Such section is \nfurther amended--\n            (1) by redesignating subsection (d) as subsection (e); and\n            (2) by inserting after subsection (c) the following new \n        subsection (d):\n    ``(d)(1) A veteran shall be eligible for counseling and treatment \nunder this section without regard to the provisions of section 5303A of \nthis title.\n    ``(2) An individual who is a member of a reserve component shall be \neligible for counseling and treatment under this section in the same \nmanner as a veteran and without regard to the provisions of section \n5303A of this title.\n    ``(3) An individual who is a former member of a reserve component \n(but who is not a veteran within the meaning of section 101 of this \ntitle) and who was discharged or released from service as a member of a \nreserve component under conditions other than dishonorable shall be \neligible for counseling and treatment under this section in the same \nmanner as a veteran and without regard to the provisions of section \n5303A of this title.''.\n    (g) Oversight of Outreach Activities.--Not later than four months \nafter the date of the enactment of this Act, the Secretary of Veterans \nAffairs shall complete the design and updating of public service \nannouncements, pamphlets, billboards, and other appropriate means of \ncommunication as required for implementation of paragraph (2) of \nsection 1720D(c) of title 38, United States Code, as added by \nsubsection (e)(3). Not later than six months after that date, the \nSecretary shall submit to the Committees on Veterans' Affairs of the \nSenate and House of Representatives examples of the documents and other \nmeans of communication developed for compliance with that paragraph.\n    (h) Report on Implementation of Sexual Trauma Treatment Program.--\nNot later than 14 months after the date of the enactment of this Act, \nthe Secretary of Veterans Affairs shall submit to the Committees on \nVeterans' Affairs of the Senate and House of Representatives a report \non the use made of the authority provided under section 1720D of title \n38, United States Code, as amended by this section. The report shall \ninclude the following with respect to activities under such section \n1720D since the enactment of such section 1720D:\n            (1) The number of persons who have sought counseling under \n        such section 1720D.\n            (2) The number of veterans who have received counseling \n        under such section.\n            (3) The number of veterans who have been referred to non-\n        Department mental health facilities and providers in connection \n        with sexual trauma counseling and treatment.\n            (4) The number of veterans who have been determined by the \n        Secretary to have a service-connected disease or disability \n        resulting from sexual trauma.\n\nSEC. 3. REPORT ON EFFORTS TO PROVIDE VETERANS WITH INFORMATION \n              CONCERNING SEXUAL TRAUMA COUNSELING AND TREATMENT \n              SERVICES.\n\n    (a) Report Required.--Not later than 14 months after the date of \nthe enactment of this Act, the Secretary of Veterans Affairs and the \nSecretary of Defense shall submit to the congressional committees \nspecified in subsection (b) a joint report describing in detail the \ncollaborative efforts of the Department of Veterans Affairs and the \nDepartment of Defense to ensure that members of the Armed Forces, upon \nseparation from active military, naval, or air service, are provided \nappropriate and current information about programs of the Department of \nVeterans Affairs to provide counseling and treatment for sexual trauma \nthat may have been experienced by those members while in the active \nmilitary, naval, or air service, including information about \neligibility requirements for, and procedures for applying for, such \ncounseling and treatment. The report shall include proposed \nrecommendations from both the Secretary of Veterans Affairs and the \nSecretary of Defense for the improvement of their collaborative efforts \nto provide such information.\n    (b) Specified Committees.--The committees referred to in subsection \n(a) are the following:\n            (1) The Committee on Veterans' Affairs and the Committee on \n        Armed Services of the House of Representatives.\n            (2) The Committee on Veterans' Affairs and the Committee on \n        Armed Services of the Senate.","title":""}
+{"_id":"c444","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Veterans Tobacco Trust Fund Act of \n1998''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) A consensus exists within the scientific and medical \n        communities that tobacco products are inherently dangerous and \n        cause cancer, heart disease, emphysema, and other serious \n        illnesses.\n            (2) Tobacco advertising and marketing has for decades \n        contributed significantly to the use of tobacco products by \n        adolescents and young adults, and, particularly, members of the \n        Nation's uniformed services.\n            (3) Reliable studies indicate that 75 percent of World War \n        II veterans began smoking as young adults, and today large \n        numbers of veterans are smokers.\n            (4) Smoking related illnesses are highly prevalent among \n        the more than 3,000,000 veterans who use the Department of \n        Veterans Affairs health care system annually.\n            (5) The Department of Veterans Affairs estimates that it \n        spent $3,600,000,000 in 1997 to treat smoking-related illnesses \n        and that over the next five years it will spend $20,000,000,000 \n        on such care.\n            (6) Congress established the Department of Veterans Affairs \n        in furtherance of its constitutional power to provide for the \n        national defense in order to provide benefits and services to \n        veterans of the uniformed services.\n            (7) There is in the Department of Veterans Affairs a health \n        care system which has as its primary function to provide a \n        complete medical and hospital service for the medical care and \n        treatment of such veterans as can be served through available \n        appropriations.\n            (8) The sale, distribution, marketing, advertising, and use \n        of tobacco products has substantially and adversely impaired \n        the ability of the Department of Veterans Affairs to carry out \n        its health care mission because of the prevalence of smoking-\n        related illnesses among veterans.\n            (9) The Federal Government, including the Department of \n        Veterans Affairs, has lacked the means to prevent the onset of \n        smoking-related illnesses among veterans and has had no \n        authority to deny needed treatment to any veteran on the basis \n        that an illness is or might be smoking-related.\n            (10) With some 20 percent of its health care budget \n        absorbed in treating smoking-related illnesses, the Department \n        of Veterans Affairs health care system has lacked resources to \n        provide needed nursing home care, home care, community-based \n        ambulatory care, and other services to tens of thousands of \n        other veterans.\n            (11) The network of academically affiliated medical centers \n        of the Department of Veterans Affairs provides a unique system \n        within which outstanding medical research is conducted and \n        which has the potential to expand significantly ongoing \n        research on tobacco-related illnesses.\n            (12) It is in the public interest for Congress to enact \n        legislation requiring that a portion of any amounts received \n        from manufacturers of tobacco products be used to meet the \n        costs of (A) treatment for diseases and adverse health effects \n        associated with the use of tobacco products by those who served \n        their country in uniform, and (B) medical and health services \n        research relating to prevention and treatment of, and \n        rehabilitation from, tobacco addiction and diseases associated \n        with tobacco use.\n\nSEC. 3. ESTABLISHMENT OF TRUST FUND.\n\n    (a) In General.--Chapter 17 of title 38, United States Code, is \namended by inserting after section 1729A the following new section:\n``Sec. 1729B. Veterans Tobacco Trust Fund\n    ``(a) There is established in the Treasury of the United States a \ntrust fund to be known as the `Veterans Tobacco Trust Fund', consisting \nof such amounts as may be appropriated, credited, or donated to the \ntrust fund.\n    ``(b) If a law is enacted that provides for the allocation of funds \nreceived from tobacco product manufacturers for programs to reduce use \nof tobacco products by minors and for health-care research, among other \npurposes, there shall be credited to the trust fund from amounts \nreceived by the United States pursuant to that law, without further \nappropriation, the amount of $3,000,000,000.\n    ``(c) Amounts in the trust fund shall be available, without fiscal \nyear limitation, to the Secretary of Veterans Affairs for the following \npurposes:\n            ``(1) Furnishing medical care and services under this \n        chapter, to be available during any fiscal year for the same \n        purposes and subject to the same limitations (other than with \n        respect to the period of availability for obligation) as apply \n        to amounts appropriated from the general fund of the Treasury \n        for that fiscal year for medical care.\n            ``(2) Conducting medical research, rehabilitation research, \n        and health systems research, with particular emphasis on \n        research relating to prevention and treatment of, and \n        rehabilitation from, tobacco addiction and diseases associated \n        with tobacco use.''.\n    (b) Clerical Amendment.-- The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n1729A the following new item:\n\n``Sec. 1729B. Veterans Tobacco Trust Fund.''.","title":""}
+{"_id":"c445","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Veterans' Education and Training Act \nof 1994''.\n\nSEC. 2. FLIGHT TRAINING.\n\n    (a) Active Duty Program.--Section 3034(d) of title 38, United \nStates Code, is amended--\n            (1) by striking out paragraph (2);\n            (2) by striking out ``(d)(1)'' and inserting in lieu \n        thereof ``(d)''; and\n            (3) by redesignating subparagraphs (A), (B), and (C) as \n        paragraphs (1), (2), and (3), respectively.\n    (b) Post-Vietnam Era.--Section 3241(b) of such title is amended--\n            (1) by striking out paragraph (2);\n            (2) by striking out ``(b)(1)'' and inserting in lieu \n        thereof ``(b)''; and\n            (3) by redesignating subparagraphs (A), (B), and (C) as \n        paragraphs (1), (2), and (3), respectively.\n    (c) Reserve Program.--Section 2136(c) of title 10, United States \nCode, is amended--\n            (1) by striking out paragraph (2);\n            (2) by striking out ``(c)(1)'' and inserting in lieu \n        thereof ``(c)''; and\n            (3) by redesignating subparagraphs (A), (B), and (C) as \n        paragraphs (1), (2), and (3), respectively.\n\nSEC. 3. TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED \n              DISABILITIES.\n\n    (a) Rehabilitation Resources.--Section 3115 of title 38, United \nStates Code, is amended--\n            (1) in subsection (a)(1), by striking ``assistance,'' and \n        inserting in lieu thereof ``assistance or any federally \n        recognized Indian tribe,'';\n            (2) in subsection (a)(4), by inserting ``any federally \n        recognized Indian tribe,'' after ``contributions,''; and\n            (3) by adding at the end the following:\n    ``(c) As used in this section, the term `federally recognized \nIndian tribe' means any Indian tribe, band, nation, pueblo, or other \norganized group or community, including any Alaska Native village or \nregional corporation as defined in or established pursuant to the \nAlaska Native Claims Settlement Act, which is recognized as eligible \nfor the special programs and services provided by the United States to \nIndians because of their status as Indians.''.\n    (b) Allowances.--Section 3108(c)(2) of such title is amended by \ninserting ``or federally recognized Indian tribe'' after ``local \ngovernment agency''.\n    (c) Technical Correction.--(1) Section 404(b) of the Veterans' \nBenefits Act of 1992 (106 Stat. 4338) is amended by striking out the \nperiod at the end thereof and inserting in lieu thereof ``, but shall \nnot apply to veterans and other persons who originally applied for \nassistance under chapter 31 of title 38, United States Code, before \nNovember 1, 1990.''.\n    (2) The amendment made by paragraph (1) shall take effect as of \nOctober 29, 1992.\n\nSEC. 4. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS.\n\n    (a) In General.--Section 3452(c) of title 38, United States Code, \nis amended by adding at the end the following: ``For the period ending \non September 30, 1996, such term includes entities that provide \ntraining required for completion of any State-approved alternative \nteacher certification program (as determined by the Secretary).''.\n    (b) Clarifying Amendment.--Section 3002 of title 38, United States \nCode, is amended by adding at the end thereof the following:\n            ``(8) The term `educational institution' has the meaning \n        given such term in section 3452(c) of this title.''.\n    (c) Effective Date.--The amendments made by this section shall be \neffective on the date of enactment of this Act.\n\nSEC. 5. EDUCATION OUTSIDE THE UNITED STATES.\n\n    (a) In General.--The first sentence of section 3476 of title 38, \nUnited States Code, is amended to read as follows: ``An eligible \nveteran may not enroll in any course offered by an educational \ninstitution not located in a State unless that educational institution \nis an approved institution of higher learning and the course is \napproved by the Secretary.''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to courses approved on or after the date of the \nenactment of this Act.\n\nSEC. 6. CORRESPONDENCE COURSES.\n\n    (a) Approval of Programs of Education.--(1) Section 3672 of title \n38, United States Code, is amended by adding at the end the following:\n    ``(e) A program of education exclusively by correspondence, and the \ncorrespondence portion of a combination correspondence-residence course \nleading to a vocational objective, that is offered by an educational \ninstitution (as defined in section 3452(c) of this title) may be \napproved only if (1) the educational institution is accredited by an \nagency recognized by the Secretary of Education, and (2) at least 50 \npercent of those pursuing such a program or course require six months \nor more to complete the program or course.''.\n    (2)(A) Section 3675(a)(2)(B) of such title is amended by striking \nout ``A State'' and inserting in lieu thereof ``Except as provided in \nsection 3672(e), a State''.\n    (B) Section 3680(a) of such title is amended--\n            (i) by striking out ``; or'' at the end of paragraph (3) \n        and inserting in lieu thereof a period; and\n            (ii) by striking out paragraph (4).\n    (C) Section 3686(c) of such title is amended by striking out \n``(other than one subject to the provisions of section 3676 of this \ntitle)''.\n    (b) Effective Date.--The amendments made by subsection (a) shall \napply with respect to programs of education exclusively by \ncorrespondence and to correspondence-residence courses commencing after \n90 days after the date of the enactment of this Act.\n\nSEC. 7. STATE APPROVING AGENCIES.\n\n    (a) Reimbursement.--(1) Section 3674(a)(4) of title 38, United \nStates Code, is amended by striking out ``$12,000,000'' each place it \nappears and inserting in lieu thereof ``$13,000,000''.\n    (2) The amendment made by subsection (a) shall apply with respect \nto services provided under such section after September 30, 1994.\n    (b) Elimination of Report to Congress Requirement.--Section \n3674(a)(3) of such title is amended--\n            (1) by striking out subparagraph (B); and\n            (2) by striking out ``(3)(A)'' and inserting in lieu \n        thereof ``(3)''.\n    (c) Evaluation of Agency Performance.--Section 3674A(a) of such \ntitle is amended by striking out paragraph (3) and redesignating \nparagraphs (4) and (5) as paragraphs (3) and (4), respectively.\n\nSEC. 8. MEASUREMENT OF COURSES.\n\n    Section 3688(b) of title 38, United States Code, is amended--\n            (1) by striking out ``this chapter or'' and inserting in \n        lieu thereof ``this chapter,''; and\n            (2) by inserting before the period at the end thereof the \n        following: ``, or chapter 106 of title 10''.\n\nSEC. 9. VETERANS' ADVISORY COMMITTEE ON EDUCATION.\n\n    Section 3692 of title 38, United States Code, is amended--\n            (1) in subsections (a) and (b)--\n                    (A) by striking out ``34,'' both places it appears; \n                and\n                    (B) by striking out ``title.'' and inserting in \n                lieu thereof ``title and chapter 106 of title 10.'' \n                both places it appears; and\n            (2) in subsection (c), by striking out ``1994'' and \n        inserting in lieu thereof ``2003''.\n\nSEC. 10. CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING.\n\n    (a) Payment Limitation.--Section 3697(b) of title 38, United States \nCode, is amended by striking out ``$5,000,000'' and inserting in lieu \nthereof ``$6,000,000''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on October 1, 1994.\n\nSEC. 11. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING ACT OF \n              1992.\n\n    (a) Period of Training.--(1) Section 4485(d) of the Service Members \nOccupational Conversion and Training Act of 1992 (106 Stat. 2759; 10 \nU.S.C. 1143 note) is amended by striking out ``or more than 18 \nmonths''.\n    (2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760; 10 U.S.C. \n1143 note) is amended by striking out the period at the end thereof and \ninserting in lieu thereof the following: ``in the community for the \nentire period of training of the eligible person.''.\n    (B) The amendment made by subparagraph (A) shall apply with respect \nto programs of training under the Service Members Occupational \nConversion and Training Act of 1992 beginning after the date of \nenactment of this Act.\n    (b) Payments.--Section 4487 of such Act (106 Stat. 2762; 10 U.S.C. \n1143 note) is amended--\n            (1) in subsection (a)(1)--\n                    (A) by striking out ``subparagraph (B)'' in \n                subparagraph (A) and inserting in lieu thereof \n                ``subparagraphs (B) and (C)'';\n                    (B) by inserting before the period at the end of \n                subparagraph (A) the following: ``but in no event to \n                exceed 18 months (or the equivalent training hours)''; \n                and\n                    (C) by adding at the end thereof the following new \n                subparagraph:\n                    ``(C) Assistance may be paid under this subtitle on \n                behalf of an eligible person to that person's employer \n                for training under two or more programs of job training \n                under this subtitle if such employer has not received \n                (or is not due) on that person's behalf assistance in \n                an amount aggregating the applicable amount set forth \n                in subparagraph (B).''; and\n            (2) in subsection (b)(3), by inserting before the period at \n        the end thereof ``, or upon the completion of the 18th month of \n        training under the last training program approved for the \n        person's pursuit with that employer under this subtitle, \n        whichever is earlier''.\n    (c) Entry Into Program of Job Training.--Section 4488(a) of such \nAct (106 Stat. 2764; 10 U.S.C. 1143 note) is amended by striking out \nthe third sentence thereof and inserting in lieu thereof ``The eligible \nperson may begin such program of job training with the employer on the \nday that notice is transmitted to such official by means prescribed by \nsuch official. However, assistance under this subtitle may not be \nprovided to the employer if such official, within two weeks after the \ndate on which such notice is transmitted, disapproves the eligible \nperson's entry into that program of job training in accordance with \nthis section.''.\n\n            Passed the House of Representatives August 1, 1994.\n\n            Attest:\n\n                                           DONNALD K. ANDERSON,\n\n                                                                 Clerk.","title":""}
+{"_id":"c446","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Veterans' Long-Term Care Enhancement \nAct of 1999''.\n\nSEC. 2. CONTINUUM OF CARE FOR VETERANS.\n\n    (a) Inclusion of Noninstitutional Extended Care Services in \nDefinition of Medical Services.--Section 1701 of title 38, United \nStates Code, is amended--\n            (1) in paragraph (6)(A)(i), by inserting ``noninstitutional \n        extended care services,'' after ``preventive health \n        services,''; and\n            (2) by adding at the end the following new paragraphs:\n            ``(10) The term `noninstitutional extended care services' \n        includes--\n                    ``(A) home-based primary care;\n                    ``(B) adult day health care;\n                    ``(C) respite care;\n                    ``(D) palliative and end-of-life care; and\n                    ``(E) homemaker or home health aide visits.\n            ``(11) The term `respite care' means hospital or nursing \n        home care which--\n                    ``(A) is of limited duration;\n                    ``(B) is furnished on an intermittent basis to an \n                individual who is suffering from a chronic illness and \n                who resides primarily at home; and\n                    ``(C) is furnished for the purpose of helping the \n                individual to continue residing primarily at home.''.\n    (b) Assisted Living.--Subchapter II of chapter 17 of such title is \namended by adding at the end the following new section:\n``Sec. 1720F. Assisted living\n    ``(a) The Secretary may, subject to subsection (b), provide \nassisted living services to a veteran who is eligible to receive care \nunder section 1710 of this title and to the spouse of such veteran in \nconnection with the provision of such services to such veteran.\n    ``(b) The Secretary may not provide assisted living services under \nthis section to a veteran eligible to receive care under section \n1710(a)(3) of this title, or to a spouse of any veteran, unless such \nveteran or spouse agrees to pay the United States an amount equal to \nthe cost, as determined in regulations prescribed by the Secretary, of \nthe provision of such services.\n    ``(c) For purposes of this section, the term `assisted living \nservices' means services which provide personal care, activities, \nhealth-related care, supervision, and other assistance on a 24-hour \nbasis within a residential or similar setting which--\n            ``(1) maximizes flexibility in the provision of such care, \n        activities, supervision, and assistance;\n            ``(2) maximizes the autonomy, privacy, and independence of \n        an individual; and\n            ``(3) encourages family and community involvement with the \n        individual.''.\n    (c) Conforming Amendments.--(1)(A) Section 1720 of such title is \namended by striking subsection (f).\n    (B) The section heading of such section is amended by striking ``; \nadult day health care''.\n    (2) Section 1720B of such title is repealed.\n    (d) Clerical Amendments.--The table of sections for chapter 17 of \nsuch title is amended--\n            (1) in the item relating to section 1720, by striking ``; \n        adult day health care'';\n            (2) by striking the item relating to section 1720B; and\n            (3) by inserting after the item relating to section 1720E \n        the following new item:\n\n``1720F. Assisted living.''.\n\nSEC. 3. PILOT PROGRAMS RELATING TO LONG-TERM CARE OF VETERANS.\n\n    (a) In General.--The Secretary of Veterans Affairs shall carry out \nthree pilot programs for the purpose of determining the feasibility and \npracticability of a variety of methods of meeting the long-term care \nneeds of eligible veterans. The pilot programs shall be carried out in \naccordance with the provisions of this section.\n    (b) Locations of Pilot Programs.--(1) Each pilot program under this \nsection shall be carried out at two Veterans Integrated Service \nNetworks (VISNs) selected by the Secretary for purposes of this \nsection.\n    (2) The Secretary may not carry out more than one pilot program in \nany given Veterans Integrated Service Network.\n    (c) Scope of Services Under Pilot Programs.--(1) The services \nprovided under the pilot programs under this section shall include a \ncomprehensive array of health care services and other services that \nmeet the long-term care needs of veterans, including--\n            (A) inpatient long-term care in intermediate care beds, in \n        nursing homes, and in domiciliary care facilities;\n            (B) noninstitutional long-term care, including hospital-\n        based primary care, adult day care, personal assistance \n        services, respite care, and other community-based interventions \n        and care; and\n            (C) assisted living services for veterans and their \n        families.\n    (2) As part of the provision of services under the pilot programs, \nthe Secretary shall also provide appropriate case management services.\n    (3) In providing services under the pilot programs, the Secretary \nshall emphasize the provision of preventive care services, including \nscreening and education.\n    (d) Direct Provision of Services.--Under one of the pilot programs \nunder this section, the Secretary shall provide long-term care services \nto eligible veterans directly through facilities and personnel of the \nDepartment of Veterans Affairs.\n    (e) Provision of Services Through Cooperative Arrangements.--(1) \nUnder one of the pilot programs under this section, the Secretary shall \nprovide long-term care services to eligible veterans through a \ncombination (as determined by the Secretary) of--\n            (A) services provided under cooperative arrangements with \n        appropriate public and private non-Governmental entities, \n        including community service organizations; and\n            (B) services provided through facilities and personnel of \n        the Department.\n    (2) The consideration provided by the Secretary for services \nprovided by entities under cooperative arrangements under paragraph \n(1)(A) shall be limited to the provision by the Secretary of \nappropriate in-kind services to such entities.\n    (f) Provision of Services by Non-Department Entities.--(1) Under \none of the pilot programs under this section, the Secretary shall \nprovide long-term care services to eligible veterans through \narrangements with appropriate non-Department entities under which \narrangements the Secretary acts solely as the case manager for the \nprovision of such services.\n    (2) Payment for services provided to veterans under the pilot \nprograms under this subsection shall be as follows:\n            (A) By the medicare program or the medicaid program, but \n        only--\n                    (i) if the veterans concerned are entitled to \n                benefits under such programs; and\n                    (ii) to the extent that payment for such services \n                is provided for under such programs.\n            (B) By the Department, to the extent that payment for such \n        services is not otherwise provided for under subparagraph (A).\n    (g) Data Collection.--As part of each pilot program under this \nsection, the Secretary shall collect data regarding--\n            (1) the cost-effectiveness of such program, including any \n        savings achieved under such program when compared with the \n        medicare program, medicaid program, or other Federal program \n        serving similar populations;\n            (2) the quality of the services provided under such \n        program;\n            (3) the satisfaction of participating veterans, non-\n        Department, and non-Government entities with such program; and\n            (4) the effect of such program on the ability of veterans \n        to carry out basic activities of daily living over the course \n        of such veterans' participation in such program.\n    (h) Reports.--(1) The Secretary shall annually submit to Congress a \nreport on the pilot programs under this section.\n    (2) Each report under paragraph (1) shall include the following:\n            (A) A detailed description of activities under the pilot \n        programs during the one-year period ending on the date of the \n        report.\n            (B) An evaluation of the data collected under subsection \n        (g) during that period.\n            (C) Any other matters regarding the programs that the \n        Secretary considers appropriate.\n    (i) Duration of Programs.--(1) The Secretary shall commence \ncarrying out the pilot programs required by this section not later than \n90 days after the date of the enactment of this Act.\n    (2) The authority of the Secretary to provide services under the \npilot programs shall cease on the date that is three years after the \ndate of the commencement of the pilot programs under paragraph (1).\n    (j) Definitions.--In this section:\n            (1) The term ``eligible veteran'' means the following:\n                    (A) Any veteran entitled to hospital care and \n                medical services under section 1710(a)(1) of title 38, \n                United States Code.\n                    (B) Any veteran (other than a veteran described in \n                subparagraph (A)) if the veteran is enrolled in the \n                system of annual patient enrollment under section 1705 \n                of title 38, United States Code.\n            (2) The term ``long-term care needs'' means the need by an \n        individual for any of the following services:\n                    (A) Personal care.\n                    (B) Nursing home and home health care services.\n                    (C) Habilitation and rehabilitation services.\n                    (D) Adult day care services.\n                    (E) Case management services.\n                    (F) Social services.\n                    (G) Assistive technology services.\n                    (H) Home and community based services, including \n                assistive living.","title":""}
+{"_id":"c447","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Veterinary Workforce Expansion Act \nof 2005''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) Veterinary medicine is an integral and indispensable \n        component of the Nation's public health system. Veterinarians \n        protect human health by preventing and controlling infectious \n        diseases, ensuring the safety and security of the nation's food \n        supply, promoting healthy environments, and providing health \n        care for animals.\n            (2) Veterinarians are essential for early detection and \n        response to unusual disease events that could be linked to \n        newly emerging infectious diseases, such as monkeypox, SARS, \n        and West Nile Virus, or other biothreat agents of concern.\n            (3) There is a need to build national capacity in research \n        and training in the prevention, surveillance, diagnosis, and \n        control of newly emerging and re-emerging infectious diseases.\n            (4) Veterinarians are uniquely qualified to address these \n        high priority public health issues because of their extensive \n        professional training in basic biomedical sciences, population \n        medicine, and broad, multi-species, comparative medical \n        approach to disease prevention and control.\n            (5) There is a shortage of veterinarians working in public \n        health practice. As used in the preceding sentence, the term \n        ``public health practice'' includes bioterrorism and emergency \n        preparedness, environmental health, food safety and food \n        security, regulatory medicine, diagnostic laboratory medicine, \n        and biomedical research.\n            (6) The Bureau of Labor Statistics expects there to be \n        28,000 job openings in the veterinary medical profession by \n        2012 due to growth and net replacements, a turnover of nearly \n        38 percent.\n            (7) The Nation's veterinary medical colleges do not have \n        the capacity to satisfy the current and future demand for \n        veterinarians and veterinary expertise that is vital to \n        maintain public health preparedness.\n\nSEC. 3. COMPETITIVE GRANTS PROGRAM.\n\n    Part E of title VII of the Public Health Service Act (42 U.S.C. \n294n et seq.) is amended by adding at the end the following:\n\n                    ``Subpart 3--Veterinary Medicine\n\n``SEC. 771. COMPETITIVE GRANT PROGRAM.\n\n    ``(a) In General.--The Secretary shall award competitive grants to \neligible entities for the purpose of improving public health \npreparedness through increasing the number of veterinarians in the \nworkforce.\n    ``(b) Eligible Entities.--To be eligible to receive a grant under \nsubsection (a), an entity shall--\n            ``(1) be--\n                    ``(A) a public or other nonprofit school of \n                veterinary medicine, department of comparative \n                medicine, department of veterinary science, school of \n                public health, or school of medicine that offers \n                postgraduate training for veterinarians in a public \n                health practice area as determined by the Secretary; \n                and\n                    ``(B) accredited by a recognized body or bodies \n                approved for such purpose by the Department of \n                Education; and\n            ``(2) prepare and submit to the Secretary an application, \n        at such time, in such manner, and containing such information \n        as the Secretary may require.\n    ``(c) Consideration of Applications.--The Secretary shall establish \nprocedures to ensure that applications under subsection (b)(2) are \nrigorously reviewed and that grants are competitively awarded based \non--\n            ``(1) the ability of the applicant to increase the number \n        of veterinarians who are trained in specified public practice \n        areas as determined by the Secretary;\n            ``(2) the ability of the applicant to increase capacity in \n        research on high priority disease agents; or\n            ``(3) any other consideration the Secretary determines \n        necessary.\n    ``(d) Preference.--In awarding grants under subsection (a)(1), the \nSecretary shall give preference to applicants that demonstrate a \ncomprehensive approach by involving more than one school of veterinary \nmedicine, department of comparative medicine, department of veterinary \nscience, school of public health, or school of medicine that offers \npostgraduate training for veterinarians in a public health practice \narea as determined by the Secretary.\n    ``(e) Use of Funds.--Amounts received under a grant under this \nsubsection shall be used by a grantee to increase the number of \nveterinarians in the workforce through--\n            ``(1) paying the costs associated with construction, the \n        acquisition of equipment, and other capital costs relating to \n        the expansion of existing schools of veterinary medicine, \n        departments of comparative medicine, or departments of \n        veterinary science; or\n            ``(2) paying the capital costs associated with the \n        expansion of academic programs that offer postgraduate training \n        for veterinarians or concurrent training for veterinary \n        students in specific areas of specialization.\n    ``(f) Definition.--In this section, the term `public health \npractice' includes bioterrorism and emergency preparedness, \nenvironmental health, food safety and food security, regulatory \nmedicine, diagnostic laboratory medicine, and biomedical research.\n    ``(g) Authorization of Appropriations.--\n            ``(1) In general.--There are authorized to be appropriated \n        to carry out this section, $300,000,000 for fiscal year 2006, \n        and $1,264,000,000 for the 9-fiscal year period beginning with \n        fiscal year 2007. Amounts appropriated under this subsection \n        shall remain available until expended.\n            ``(2) Requirement.--Not more than 25 percent of the amount \n        appropriated under paragraph (1) in each fiscal year shall be \n        made available to schools of veterinary medicine that were \n        established after the date of enactment of this section.''.","title":""}
+{"_id":"c448","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Welfare and Medicaid Responsibility \nExchange Act of 1994''.\n\nSEC. 2. EXCHANGE OF FINANCIAL RESPONSIBILITIES FOR CERTAIN WELFARE \n              PROGRAMS AND THE MEDICAID PROGRAM.\n\n    (a) In General.--In exchange for the Federal funds received by a \nState under section 3 for fiscal years 1996, 1997, 1998, 1999, and 2000 \nsuch State shall provide cash and non-cash assistance to low income \nindividuals in accordance with subsection (b).\n    (b) Requirement To Provide a Certain Level of Low Income \nAssistance.--\n            (1) In general.--The amount of cash and non-cash assistance \n        provided to low income individuals by a State for any quarter \n        during fiscal years 1996, 1997, 1998, 1999, and 2000 shall not \n        be less than the sum of--\n                    (A) the amount determined under paragraph (2); and\n                    (B) the amount determined under paragraph (3).\n            (2) Maintenance of effort with respect to federal programs \n        terminated.--\n                    (A) Quarter beginning october 1, 1995.--The amount \n                determined under this paragraph for the quarter \n                beginning October 1, 1995, is an amount equal to the \n                sum of--\n                            (i) one-quarter of the base expenditures \n                        determined under subparagraph (C) for the \n                        State,\n                            (ii) the product of the amount determined \n                        under clause (i) and the estimated increase in \n                        the consumer price index (for all urban \n                        consumers, United States city average) for the \n                        preceding quarter, and\n                            (iii) the amount that the Federal \n                        Government and the State would have expended in \n                        the State in the quarter under the programs \n                        terminated under section 4 solely by reason of \n                        the increase in recipients which the Secretary \n                        of Health and Human Services and the Secretary \n                        of Agriculture estimate would have occurred if \n                        such programs had not been terminated.\n                    (B) Succeeding quarters.--The amount determined \n                under this paragraph for any quarter beginning on or \n                after January 1, 1996, is an amount equal to the sum \n                of--\n                            (i) the amount expended by the State under \n                        subsection (a) in the preceding quarter,\n                            (ii) the product of the amount determined \n                        under clause (i) and the estimated increase in \n                        the consumer price index (for all urban \n                        consumers, United States city average) for the \n                        preceding quarter, and\n                            (iii) the amount that the Federal \n                        Government and the State would have expended in \n                        the State in the quarter under the programs \n                        terminated under section 4 solely by reason of \n                        the increase in recipients which the Secretary \n                        of Health and Human Services and the Secretary \n                        of Agriculture estimate would have occurred if \n                        such programs had not been terminated.\n                    (C) Determination of base amount.--The Secretary of \n                Health and Human Services, in cooperation with the \n                Secretary of Agriculture, shall calculate for each \n                State an amount equal to the total Federal and State \n                expenditures for administering and providing--\n                            (i) aid to families with dependent children \n                        under a State plan under title IV of the Social \n                        Security Act (42 U.S.C. 601 et seq.),\n                            (ii) benefits under the food stamp program \n                        under the Food Stamp Act of 1977 (7 U.S.C. 2011 \n                        et seq.), including benefits provided under \n                        section 19 of such Act (7 U.S.C. 2028), and\n                            (iii) benefits under the special \n                        supplemental program for women, infants, and \n                        children established under section 17 of the \n                        Child Nutrition Act of 1966 (42 U.S.C. 1786),\n                for the State during the 12-month period beginning on \n                July 1, 1994.\n            (3) Maintenance of effort with respect to state programs.--\n        The amount determined under this paragraph for a quarter is the \n        amount of State expenditures for such quarter required to \n        maintain State programs providing cash and non-cash assistance \n        to low income individuals as such programs were in effect \n        during the 12-month period beginning on July 1, 1994.\n\nSEC. 3. PAYMENTS TO STATES.\n\n    (a) In General.--The Secretary of Health and Human Services shall \nmake quarterly payments to each State during fiscal years 1996, 1997, \n1998, 1999, and 2000 in an amount equal to one-quarter of the amount \ndetermined under subsection (b) for the applicable fiscal year and such \namount shall be used for the purposes described in subsection (c).\n    (b) Payment Equivalent to Federal Welfare Savings.--\n            (1) In general.--The amount available to be paid to a State \n        for a fiscal year shall be an amount equal to the amount \n        calculated under paragraph (2) for the State.\n            (2) Amounts available.--\n                    (A) Fiscal year 1996.--In fiscal year 1996, the \n                amount available under this subsection for a State is \n                equal to the sum of--\n                            (i) the base amount determined under \n                        paragraph (3) for the State,\n                            (ii) the product of the amount determined \n                        under clause (i) and the increase in the \n                        consumer price index (for all urban consumers, \n                        United States city average) for the 12-month \n                        period described in paragraph (3), and\n                            (iii) the amount that the Federal \n                        Government and the State would have expended in \n                        the State in fiscal year 1996 under the \n                        programs terminated under section 4 solely by \n                        reason of the increase in recipients which the \n                        Secretary of Health and Human Services and the \n                        Secretary of Agriculture estimate would have \n                        occurred if such programs had not been \n                        terminated.\n                    (B) Succeeding fiscal years.--In any succeeding \n                fiscal year, the amount available under this subsection \n                for a State is equal to the sum of--\n                            (i) the amount determined under this \n                        paragraph for the State in the previous fiscal \n                        year,\n                            (ii) the product of the amount determined \n                        under clause (i) and the estimated increase in \n                        the consumer price index (for all urban \n                        consumers, United States city average) during \n                        the previous fiscal year, and\n                            (iii) the amount that the Federal \n                        Government and the State would have expended in \n                        the State in the fiscal year under the programs \n                        terminated under section 4 solely by reason of \n                        the increase in recipients which the Secretary \n                        of Health and Human Services and the Secretary \n                        of Agriculture estimate would have occurred if \n                        such programs had not been terminated.\n            (3) Determination of base amount.--The Secretary of Health \n        and Human Services, in cooperation with the Secretary of \n        Agriculture, shall calculate the amount that the Federal \n        Government expended for administering and providing--\n                    (A) aid to families with dependent children under a \n                State plan under title IV of the Social Security Act \n                (42 U.S.C. 601 et seq.),\n                    (B) benefits under the food stamp program under the \n                Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), \n                including benefits provided under section 19 of such \n                Act (7 U.S.C. 2028), and\n                    (C) benefits under the special supplemental program \n                for women, infants, and children established under \n                section 17 of the Child Nutrition Act of 1966 (42 \n                U.S.C. 1786),\n        in each State during the 12-month period beginning on July 1, \n        1994.\n    (c) Purposes for Which Amounts May Be Expended.--\n            (1) Medicaid program.--\n                    (A) In general.--Notwithstanding any other \n                provision of law, during fiscal years 1996, 1997, 1998, \n                1999, and 2000 a State shall--\n                            (i) except as provided in subparagraph (B), \n                        provide medical assistance under title XIX of \n                        the Social Security Act in accordance with the \n                        terms of the State's plan in effect on January \n                        1, 1994, and\n                            (ii) use the funds it receives under this \n                        section toward the State's financial \n                        participation for expenditures made under the \n                        plan.\n                    (B) Changes in eligibility during fiscal years \n                1998, 1999, and 2000.--During fiscal years 1998, 1999, \n                and 2000, a State may change State plan requirements \n                relating to eligibility for medical assistance under \n                title XIX of the Social Security Act if the aggregate \n                expenditures under such State plan for the fiscal year \n                do not exceed the amount that would have been spent if \n                a State plan described in subparagraph (A)(i) had been \n                in effect during such fiscal year.\n                    (C) Waiver of requirements.--The Secretary of \n                Health and Human Services may grant a waiver of the \n                requirements under subparagraphs (A)(i) and (B) if a \n                State makes an adequate showing of need in a waiver \n                application submitted in such manner as the Secretary \n                determines appropriate.\n            (2) Excess.--A State that receives funds under this section \n        that are in excess of the State's financial participation for \n        expenditures made under the State plan for medical assistance \n        under title XIX of the Social Security Act shall use such \n        excess funds to provide cash and non-cash assistance for low \n        income families.\n    (d) Denial of Payments for Failure To Maintain Effort.--No payment \nshall be made under subsection (a) for a quarter if a State fails to \ncomply with the requirements of section 2(b) for the preceding quarter.\n    (e) Entitlement.--This section constitutes budget authority in \nadvance of appropriations Acts, and represents the obligation of the \nFederal Government to provide the payments described in subsection (a).\n\nSEC. 4. TERMINATION OF CERTAIN FEDERAL WELFARE PROGRAMS.\n\n    (a) Termination.--\n            (1) AFDC.--Part A of title IV of the Social Security Act \n        (42 U.S.C. 601 et seq.) is amended by adding at the end the \n        following new section:\n\n                       ``termination of authority\n\n    ``Sec. 418. The authority provided by this part shall terminate on \nOctober 1, 1995.''.\n            (2) JOBS.--Part F of title IV of the Social Security Act \n        (42 U.S.C. 681 et seq.) is amended by adding at the end the \n        following new section:\n\n                       ``termination of authority\n\n    ``Sec. 488. The authority provided by this part shall terminate on \nOctober 1, 1995.''.\n            (3) Special supplemental food program for women, infants, \n        and children (WIC).--Section 17 of the Child Nutrition Act of \n        1966 (42 U.S.C. 1786) is amended by adding at the end the \n        following new subsection:\n    ``(q) The authority provided by this section shall terminate on \nOctober 1, 1995.''.\n            (4) Food stamp program.--The Food Stamp Act of 1977 (7 \n        U.S.C. 2011 et seq.) is amended by adding at the end the \n        following new section:\n\n``SEC. 24. TERMINATION OF AUTHORITY.\n\n    ``The authority provided by this Act shall terminate on October 1, \n1995.''.\n    (b) References in Other Laws.--\n            (1) In general.--Any reference in any law, regulation, \n        document, paper, or other record of the United States to any \n        provision that has been terminated by reason of the amendments \n        made in subsection (a) shall, unless the context otherwise \n        requires, be considered to be a reference to such provision, as \n        in effect immediately before the date of the enactment of this \n        Act.\n            (2) State plans.--Any reference in any law, regulation, \n        document, paper, or other record of the United States to a \n        State plan that has been terminated by reason of the amendments \n        made in subsection (a), shall, unless the context otherwise \n        requires, be considered to be a reference to such plan as in \n        effect immediately before the date of the enactment of this \n        Act.\n\nSEC. 5. FEDERALIZATION OF THE MEDICAID PROGRAM.\n\n    Beginning on October 1, 2000--\n            (1) each State with a State plan approved under title XIX \n        of the Social Security Act shall be relieved of administrative \n        or financial responsibility for the medicaid program under such \n        title of such Act,\n            (2) the Secretary of Health and Human Services shall assume \n        such responsibilities and continue to conduct such program in a \n        State in any manner determined appropriate by the Secretary \n        that is in accordance with the provisions of title XIX of the \n        Social Security Act, and\n            (3) all expenditures for the program as conducted by the \n        Secretary shall be paid by Federal funds.\n\nSEC. 6. SECRETARIAL SUBMISSION OF LEGISLATIVE PROPOSAL FOR TECHNICAL \n              AND CONFORMING AMENDMENTS.\n\n    The Secretary of Health and Human Services shall, within 90 days \nafter the date of enactment of this Act, submit to the appropriate \ncommittees of Congress, a legislative proposal providing for such \ntechnical and conforming amendments in the law as are required by the \nprovisions of this Act.","title":""}
+{"_id":"c449","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``White House Inspector General Act of \n1996''.\n\nSEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE \n              PRESIDENT.\n\n    (a) Establishment of Office.--Section 11 of the Inspector General \nAct of 1978 (5 U.S.C. App.) is amended--\n            (1) in paragraph (1) by inserting ``the President (with \n        respect only to the Executive Office of the President),'' after \n        ``means''; and\n            (2) in paragraph (2) by inserting ``the Executive Office of \n        the President,'' after ``means''.\n    (b) Appointment of Inspector General.--Not later than 120 days \nafter the effective date of this Act, the President shall nominate an \nindividual as the Inspector General of the Executive Office of the \nPresident pursuant to the amendments made by subsection (a).\n\nSEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE \n              EXECUTIVE OFFICE OF THE PRESIDENT.\n\n    The Inspector General Act of 1978 (5 U.S.C. App.) is amended--\n            (1) by redesignating the second section 8G (regarding a \n        rule of construction) as section 8I; and\n            (2) by inserting after the first section 8G (regarding \n        requirements for Federal entities and designated Federal \n        entities) the following:\n\n``SEC. 8H. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE \n              EXECUTIVE OFFICE OF THE PRESIDENT.\n\n    ``(a) Authority, Direction, and Control of President.--\nNotwithstanding the last 2 sentences of section 3(a), the Inspector \nGeneral of the Executive Office of the President shall be under the \nauthority, direction, and control of the President with respect to \naudits or investigations, or the issuance of subpoenas, which require \naccess to information concerning--\n            ``(1) ongoing criminal investigations or proceedings;\n            ``(2) undercover operations;\n            ``(3) the identity of confidential sources, including \n        protected witnesses;\n            ``(4) deliberations and decisions on policy matters, \n        including documented information used as a basis for making \n        policy decisions;\n            ``(5) intelligence or counterintelligence matters; or\n            ``(6) other matters the disclosure of which would \n        constitute a serious threat to the national security, or would \n        cause significant impairment to the national interests \n        (including interests in foreign trade negotiations), of the \n        United States.\n    ``(b) Prohibiting Activities of Inspector General.--With respect to \ninformation described in subsection (a), the President may prohibit the \nInspector General of the Executive Office of the President from \ncarrying out or completing any audit or investigation, or issuing any \nsubpoena, after the Inspector General has decided to initiate, carry \nout, or complete such audit or investigation or to issue such subpoena, \nif the President determines that--\n            ``(1) the disclosure of that information would interfere \n        with the core functions of the constitutional responsibilities \n        of the President; and\n            ``(2) the prohibition is necessary to prevent the \n        disclosure of that information.\n    ``(c) Notice.--\n            ``(1) Notice to inspector general.--If the President makes \n        a determination referred to in subsection (b)(1) or (2), the \n        President shall within 30 days notify the Inspector General in \n        writing stating the reasons for that determination.\n            ``(2) Notice to congress.--Within 30 days after receiving a \n        notice under paragraph (1), the Inspector General shall \n        transmit a copy of the notice to each of the Chairman and the \n        ranking minority party member of the Committee on Government \n        Reform and Oversight of the House of Representatives, the \n        Committee on Governmental Affairs of the Senate, and other \n        appropriate committees or subcommittees of the Congress.\n    ``(d) Semiannual Reports.--\n            ``(1) Information to be included.--The Inspector General of \n        the Executive Office of the President shall include in each \n        semiannual report to the President under section 5, at a \n        minimum--\n                    ``(A) a list of the title or subject of each \n                inspection, investigation, or audit conducted during \n                the reporting period;\n                    ``(B) a statement of whether corrective action has \n                been completed on each significant recommendation \n                described in previous semiannual reports, and, in a \n                case where corrective action has been completed, a \n                description of such corrective action;\n                    ``(C) a certification that the Inspector General \n                has had full and direct access to all information \n                relevant to the performance of functions of the \n                Inspector General;\n                    ``(D) a description of all cases occurring during \n                the reporting period in which the Inspector General \n                could not obtain documentary evidence relevant to any \n                inspection, audit, or investigation due to a \n                determination of the President under subsection (b); \n                and\n                    ``(E) such recommendations as the Inspector General \n                considers appropriate concerning legislation to promote \n                economy and efficiency in the administration of \n                programs and operations undertaken by the Executive \n                Office of the President, and to detect and eliminate \n                fraud, waste, and abuse in such programs and \n                operations.\n            ``(2) Transmission to congress.--Within 30 days after \n        receiving a semiannual report under section 5 from the \n        Inspector General of the Executive Office of the President, the \n        President shall transmit the report to each of the Chairman and \n        the ranking minority party member of the Committee on \n        Government Reform and Oversight of the House of Representatives \n        and the Committee on Governmental Affairs of the Senate with \n        any comments the President considers appropriate.''.\n\nSEC. 4. EFFECTIVE DATE.\n\n    This Act shall take effect on January 21, 1997.","title":""}
+{"_id":"c45","text":"SECTION 1. MODIFICATION OF REFINED COAL CREDIT TO INCLUDE QUALIFIED \n              COAL WASTE SLUDGE RECYCLING.\n\n    (a) In General.--Section 45 of the Internal Revenue Code of 1986 \n(relating to electricity produced from certain renewable resources, \netc.) is amended--\n            (1) in subsection (b)(2) by inserting ``the $3.00 amount in \n        subsection (e)(8)(B),'' after ``the $4.375 amount in subsection \n        (e)(8)(A),'',\n            (2) in subsection (b)(2) by striking ``subsection \n        (e)(8)(B)(i)'' and inserting ``subsection (e)(8)(C)(i)'',\n            (3) in subsection (c)(7) by adding at the end the \n        following:\n                    ``(C) Refined coal from a qualified coal waste \n                sludge recycling process.--Refined coal shall also \n                include, without regard to subparagraphs (A) and (B) \n                hereof, a solid fuel produced from a qualified coal \n                waste sludge recycling process.'',\n            (4) in subsection (d)(8) by striking ``2009.'' and \n        inserting ``2009, or in the case of a facility that uses a \n        qualified coal waste sludge recycling process, a facility that \n        was placed in service not later than one year after the date of \n        enactment of the credit under this section for refined coal \n        from a qualified coal waste sludge recycling process. For \n        purposes of this subsection, a qualified coal waste sludge \n        recycling facility shall be treated as placed in service when \n        such facility is in place and functioning to process coal with \n        coal waste sludge. A `qualified coal waste sludge recycling \n        facility' includes a plant, comprised of one or more batch \n        tanks and\/or one or more storage tanks, steam and spray pipes, \n        processing pumps, variable speed drives, a flowmeter and \n        related electrical equipment, that processes coal and liquefied \n        coal waste sludge.'',\n            (5) in subsection (e)(8)(A) by inserting ``(other than \n        refined coal from a qualified coal waste sludge recycling \n        process)'' after ``refined coal'' the first place it appears,\n            (6) in subsection (e)(8) by redesignating subparagraphs (B) \n        and (C) as subparagraphs (C) and (D), respectively, and by \n        inserting after subparagraph (A) the following new \n        subparagraph:\n                    ``(B) Availability and determination of credit \n                amount for refined coal from a qualified coal waste \n                sludge recycling process.--In the case of a producer of \n                refined coal from a qualified coal waste sludge \n                recycling process, there shall be allowed a credit for \n                the taxable year under this section of $3.00 per \n                barrel-of-oil equivalent of refined coal from a \n                qualified coal waste sludge recycling process--\n                            ``(i) produced by the taxpayer at a \n                        facility using a refined coal from qualified \n                        coal waste sludge recycling process during the \n                        period beginning on the date of enactment of \n                        this subparagraph and ending on the date that \n                        is four years from the later of the first day \n                        of the fifth full month after the date of \n                        enactment of this subparagraph or its placed-\n                        in-service date, and\n                            ``(ii) sold by the taxpayer--\n                                    ``(I) to an unrelated person, and\n                                    ``(II) during such period and \n                                taxable year.\n                        For purposes of the preceding sentence, barrel-\n                        of-oil equivalent is the amount of refined coal \n                        from a qualified coal waste sludge recycling \n                        process that has a Btu content of 5.8 \n                        million.'',\n            (7) in subsection (e)(8)(C), as redesignated by paragraph \n        (6), by striking ``The amount'' and inserting ``Except for a \n        facility producing refined coal from a qualified coal waste \n        sludge recycling process, the amount'',\n            (8) in subsection (e)(8), as amended by paragraph (6), by \n        adding at the end the following new subparagraph:\n                    ``(E) Qualified coal waste sludge recycling \n                process.--\n                            ``(i) Definition.--For purposes of this \n                        section, a `qualified coal waste sludge \n                        recycling process' means a process using a \n                        facility to liquefy coal waste sludge and \n                        distribute the liquefied coal waste sludge on \n                        the coal to create a feedstock for the \n                        manufacture of coke. The term `coal waste \n                        sludge' means the tar decanter sludge and \n                        related byproducts of the coking process, \n                        including such materials that have been stored \n                        in ground, in tanks and in lagoons, that have \n                        been treated as hazardous wastes under \n                        applicable Federal environmental rules absent \n                        liquefaction and processing with coal into a \n                        feedstock for the manufacture of coke. The \n                        process liquefies coal waste sludge and \n                        distributes approximately one-quarter to one-\n                        half gallon of liquefied coal waste sludge per \n                        each ton of metallurgical coal. Liquefied coal \n                        waste sludge in excess of such amounts would \n                        have adverse effects on the operations and \n                        equipment of the coke batteries that use \n                        refined coal from a qualified coal waste sludge \n                        recycling process as a feedstock for coke. Coal \n                        waste sludge has an energy content ranging from \n                        7,000 to 16,000 Btus per pound.\n                            ``(ii) Interaction between section 45 and \n                        section 45k; cross reference.--A taxpayer \n                        selling refined coal from a qualified coal \n                        waste sludge recycling process shall be \n                        entitled to a credit under this section for all \n                        such refined coal that meets the requirements \n                        of this section. The credit under this section \n                        shall be available notwithstanding the fact \n                        that such refined coal is purchased for use as \n                        a feedstock for coke by a taxpayer that has \n                        previously claimed credits under section 45K \n                        for the production of coke or coke gas. For \n                        rules applicable to taxpayers producing coke or \n                        coke gas from refined coal from a qualified \n                        coal waste sludge recycling process, see \n                        section 45K(h).'', and\n            (9) in subsection (e)(9)(B) by striking ``The term'' and \n        inserting ``Except for a facility producing refined coal from a \n        qualified coal waste sludge recycling process, the term''.\n    (b) No Double Benefit; Cross Reference.--Section 45K of such Code \nis amended by adding at the end the following new subsection:\n    ``(h) No Double Benefit; Cross Reference.--No credit shall be \nallowed under this section for coke or coke gas manufactured from \nrefined coal from a qualified coal waste sludge recycling process (as \ndefined by section 45(e)(8)(E)(i)) for which credits have been claimed \nunder section 45; provided that taxpayers may claim the credit under \nthis section for coke or coke gas produced from feedstocks for which a \nrefined coal credit under section 45 has not been claimed. For rules \ngoverning the interaction of section 45 and this section that are \napplicable to taxpayers producing refined coal from a qualified coal \nwaste sludge recycling process, see section 45(e)(8)(E)(ii).''.\n    (c) Effective Date.--The amendments made by this Act shall apply to \nrefined coal produced after the date of enactment of this Act.","title":""}
+{"_id":"c450","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Windstorm Hazard Reduction Research \nand Technology Transfer Act''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) Coastal States and many island States and territories \n        are vulnerable to the hazards of windstorms. All Midwest, \n        Southern, and Mid-Atlantic States are vulnerable to the hazards \n        of tornadoes and thunderstorms and increased building activity \n        is occurring in high-risk areas such as the seashore and \n        ``tornado alley''.\n            (2) Hurricanes cause enormous loss of life, injury, \n        destruction of property, and economic and social disruption, as \n        evidenced by the 56 deaths and $6,000,000,000 in property \n        damage in 1999 from Hurricane Floyd. From 1990 to 1999 \n        hurricanes caused an average of 14 deaths and $4,970,000,000 in \n        property losses annually while tornadoes and other windstorms \n        caused over 58 deaths and $871,000,000 in property losses \n        annually.\n            (3) Improved windstorm hazard reduction measures, \n        including--\n                    (A) cost-effective and affordable design and \n                construction methods and practices;\n                    (B) informed land use decisions;\n                    (C) impact prediction methodologies and early \n                warning systems; and\n                    (D) public education and involvement programs,\n        have the potential over the next 10 years to reduce these \n        losses. Losses will increase if steps are not taken to help \n        communities reduce their vulnerability.\n            (4) Wind engineering research needs to address both \n        improving new structures and retrofitting existing ones.\n            (5) There is an appropriate role for the Federal Government \n        in the collection, preparation, coordination, and dissemination \n        of windstorm hazards reduction information in order to protect \n        public health and safety and in increasing public awareness of \n        the dangers of windstorms and of affordable steps homeowners \n        can take to preserve life and property. Improved mechanisms are \n        needed to translate existing information and research findings \n        into usable, state-of-the-art specifications, criteria, and \n        cost-effective practices.\n            (6) An effective Federal program in windstorm hazard \n        reduction will require interagency coordination, input from \n        individuals and institutions outside the Federal Government who \n        are expert in the sciences of natural hazards reduction and in \n        the practical application of mitigation measures, and improved \n        mechanisms for the transfer of new knowledge to State and local \n        officials, to homeowners, and to the design and construction \n        industry. Tax credits are an appropriate means of helping \n        homeowners apply mitigation measures.\n            (7) Windstorms are a worldwide problem, and international \n        cooperation is desirable for mutual learning and mitigation.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) The term ``Director'' means the Director of the Office \n        of Science and Technology Policy.\n            (2) The term ``State'' means each of the States of the \n        United States, the District of Columbia, the Commonwealth of \n        Puerto Rico, the United States Virgin Islands, Guam, American \n        Samoa, the Commonwealth of the Northern Mariana Islands, and \n        any other territory or possession of the United States.\n            (3) The term ``windstorm'' means any storm with a damaging \n        or destructive wind component, such as a hurricane, tropical \n        storm, tornado, or thunderstorm.\n\nSEC. 4. NATIONAL WINDSTORM HAZARD REDUCTION PROGRAM.\n\n    (a) Interagency Group.--Not later than 30 days after the date of \nthe enactment of this Act, the Director shall establish an Interagency \nGroup, to be cochaired by the Director or the Director's designee and \nthe Director of the Federal Emergency Management Agency or that \nDirector's designee, consisting of representatives of appropriate \nFederal agencies, including the National Science Foundation, the \nNational Oceanic and Atmospheric Administration, the National Institute \nof Standards and Technology, the Department of Energy, and other \nagencies with jurisdiction over housing, construction, and natural \ndisaster mitigation and relief, to be responsible for the development \nand implementation of a coordinated Federal windstorm hazard reduction \nresearch, development, and technology transfer program. In establishing \nthe Interagency Group, the Director is encouraged where appropriate to \ndesignate lead agencies and to preserve existing programs and functions \nof Federal agencies and organizations, and shall ensure regular agency \ncoordination and information sharing and where appropriate coordination \nwith other agencies.\n    (b) Objective.--The objective of the windstorm hazard reduction \nprogram is the achievement, within 10 years after the date of the \nenactment of this Act, of major measurable reductions in losses that \nwould otherwise have occurred to life and property from windstorms. The \nobjective is to be achieved through the creation of a program involving \ncooperation among governments at all levels and the private sector \nfeaturing--\n            (1) pertinent basic and applied research which takes into \n        account locality-specific weather, susceptibility to other \n        hazards, and design and construction practices;\n            (2) better understanding of impediments and disincentives \n        to wind hazard reduction;\n            (3) inventorying of existing buildings and related data for \n        use in developing and deploying wind hazard mitigation \n        measures;\n            (4) dissemination of information on cost-effective and \n        affordable wind hazard reduction research results, technology, \n        and techniques to industry, State and local governments, \n        homeowners, and the general public;\n            (5) improved technology for prediction, storm warnings, \n        advanced planning, and disaster response;\n            (6) increased public awareness of the dangers of windstorms \n        and of ways to preserve affected property and life; and\n            (7) priority attention to critical lifelines, including \n        infrastructure and utilities, that are especially needed in \n        time of disaster.\n    (c) Research and Development Elements.--The research and \ndevelopment elements of the program may include--\n            (1) basic wind characterization and micro-climate research;\n            (2) development of methods to increase accuracy and \n        reliability in the prediction of the track and magnitude of \n        windstorms;\n            (3) peer-reviewed research and development on and \n        demonstration of wind-resistant systems and materials for new \n        construction and retrofit, including composite materials; \n        building envelope components, including windows, doors, and \n        roofs; structural design; and design and construction \n        techniques, through physical testing and through computer \n        simulation when appropriate, taking into consideration cost-\n        effectiveness, affordability, and regional differences \n        including susceptibility to other hazards;\n            (4) development of mechanisms for collecting information on \n        building systems and materials performance in windstorms, \n        information on mitigation priorities, and other pertinent \n        information from sources such as the construction industry, \n        insurance companies, and building officials;\n            (5) development of updatable, cost-effective, and \n        affordable systems, both for new construction and for \n        retrofitting, and for inventorying information on components \n        and materials and their interaction;\n            (6) development of cost-effective and affordable planning, \n        design, construction, rehabilitation, and retrofit methods and \n        procedures, including utilization of mitigation measures, for \n        critical lifelines and facilities such as hospitals, schools, \n        public utilities, and other structures that are especially \n        needed in time of disaster;\n            (7) research and development on techniques, methodologies, \n        and new technologies for the mapping in finer detail of \n        windstorm hazard risks, to be coordinated with the mapping of \n        other natural and manmade hazards;\n            (8) development of improved systems for predicting damaging \n        windstorm impact and for identifying, evaluating, and reliably \n        characterizing windstorm hazards;\n            (9) development of improved approaches for providing \n        emergency services, reconstruction, and redevelopment after a \n        windstorm;\n            (10) development of quantitative assessment techniques for \n        the delineation and evaluation of the socioeconomic effects of \n        windstorms and their application on a regional basis, including \n        exploration of adjustments that could be made to reduce \n        windstorm vulnerability and to effectively exploit existing and \n        developing mitigation techniques; and\n            (11) studies of impediments and disincentives to effective \n        wind hazard mitigation, preparedness, and response policies and \n        innovations.\n    (d) Technology Transfer.--The technology transfer elements of the \nprogram shall include--\n            (1) the collection, classification, presentation, and \n        dissemination in a usable form to Federal, State, and local \n        officials, community leaders, the design and construction \n        industry, contractors, home owners, and the general public, of \n        research results and other pertinent information regarding \n        windstorm phenomena, the identification of locations and \n        features which are especially susceptible to windstorm damage, \n        ways to reduce the adverse consequences of windstorms, and \n        related matters;\n            (2) in coordination with the private sector, academia, and \n        the States, curriculum development and related measures to \n        facilitate the training of employees of the design and \n        construction industry, the insurance industry, and State and \n        local governments, and other interested persons; and\n            (3) efforts to increase public awareness and information \n        related to windstorm hazard mitigation.\n    (e) Implementation Plan.--The Interagency Group established under \nsubsection (a) shall refine, in conjunction with appropriate \nrepresentatives of State and local units of government and private \nsector organizations, the objective stated in subsection (b), develop \nmeasurements related to the objective, including emphasis on cost-\neffectiveness and affordability, and develop a 10-year implementation \nplan for achieving the objective, deferring to the private sector and \nState and local government for implementation in all appropriate \ninstances. Not later than 210 days after the date of the enactment of \nthis Act, the Interagency Group shall submit to the Congress the \nimplementation plan. The plan shall include--\n            (1) a statement of research and development goals and \n        priorities;\n            (2) plans for the development of improved forecasting \n        techniques for windstorms, early warning systems, and systems \n        for comprehensive response;\n            (3) plans for the development of an inventory of buildings, \n        building components, and damage to buildings from windstorms;\n            (4) plans for transfer of technology and information to \n        State, county, local, and regional governmental units and the \n        private sector for appropriate application of research and \n        development results;\n            (5) provisions for dissemination, on a timely basis, of--\n                    (A) delivery of information and technology in a \n                form that is of use to the design professions, the \n                construction industry, and other interested parties; \n                and\n                    (B) other information and knowledge of interest to \n                the public to reduce vulnerability to windstorm \n                hazards;\n            (6) a description of how Federal disaster relief and \n        emergency assistance programs will incorporate research and \n        development results;\n            (7) establishment, consistent with this Act, of goals, \n        priorities, and target dates for implementation of the program;\n            (8) assignment of responsibilities with respect to each \n        element of the program that does not already have a Federal \n        lead agency;\n            (9) a description of plans for cooperation and coordination \n        in all phases of the program with interested governmental \n        entities in all States, particularly those containing areas of \n        high or moderate windstorm risk; and\n            (10) staffing plans for the program and its components.\n    (f) Participation.--The implementation plan shall avoid duplication \nwhenever possible and assign responsibilities to Federal agencies with \nexisting expertise.\n    (g) Manufactured Housing Standards.--No design, construction \nmethod, practice, technology, material, mitigation methodology, or \nhazard reduction measure of any kind developed under this Act shall be \nrequired for a home certified under section 616 of the National \nManufactured Housing Construction and Safety Standards Act of 1974 (42 \nU.S.C. 5415), pursuant to standards issued under such Act, without \nbeing subject to the consensus development process and rulemaking \nprocedures of that Act.\n\nSEC. 5. NATIONAL ADVISORY COMMITTEE FOR WINDSTORM HAZARD REDUCTION.\n\n    (a) Establishment.--A National Advisory Committee shall be \nestablished to review progress made under the program established under \nsection 4, advise on any improvements that should be made to that \nprogram, and report to the Congress on actions that have been taken to \nadvance the Nation's capability to reduce the impacts of windstorm \nhazards.\n    (b) Membership.--The Advisory Committee shall be composed of 21 \nmembers to be appointed by the President (one of whom shall be \ndesignated by the President as chair). The members shall include \nrepresentatives of a broad cross-section of interests such as the \nresearch, technology transfer, architectural, engineering, and \nfinancial communities; materials and systems suppliers; State, county, \nand local governments concerned with the reduction of windstorm \nhazards; the residential, multifamily, and commercial sectors of the \nconstruction industry; and the insurance industry, and other \nrepresentatives (not including members of Federal agencies) from areas \nimpacted by windstorm hazards.\n    (c) Coordination.--The Advisory Committee shall coordinate with \nexisting advisory committees of the Federal Government and of the \nNational Academies of Science and Engineering. As appropriate, the work \nand reports of the Advisory Committee may be done in conjunction with \nor replace the work of other advisory committees.\n    (d) Annual Report.--The Advisory Committee shall provide a summary \nreport to Congress each year.\n    (e) Exemption.--Section 14 of the Federal Advisory Committee Act \nshall not apply to the Advisory Committee established under this \nsection.\n\nSEC. 6. ANNUAL REPORT.\n\n    (a) Report.--The Interagency Group established under section 4(a) \nshall, within 90 days after the end of each fiscal year, submit a \nreport to the Congress describing the status of the windstorm hazard \nreduction program, describing progress achieved during the preceding \nfiscal year, by government at all levels and by the private sector, \ntoward achieving the objective stated in section 4(b) and implementing \nthe plan developed under section 4(e), and including any amendments to \nthe implementation plan. Each such report shall include any \nrecommendations for legislative and other action the Interagency Group \nconsiders necessary and appropriate.\n    (b) Conference.--In order to disseminate the research findings of \nthe windstorm hazard reduction program established under section 4(a), \nthe Interagency Group is encouraged to arrange for an annual conference \nwhere research findings and mitigation efforts can be presented. Those \ninvited to the conference shall include representatives of a broad \ncross-section of interests such as the research, technology transfer, \narchitectural, engineering, and financial communities; materials and \nsystems suppliers; State, county, and local governments concerned with \nthe reduction of windstorm hazards; the residential, multifamily, and \ncommercial sectors of the construction industry; and the insurance \nindustry, and other representatives from areas impacted by windstorm \nhazards.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated to carry out activities \nunder this Act $50,000,000 for fiscal year 2001, $100,000,000 for \nfiscal year 2002, and $150,000,000 for fiscal year 2003.","title":""}
+{"_id":"c451","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Witness Security and Protection \nGrant Program Act of 2011''.\n\nSEC. 2. WITNESS PROTECTION GRANT PROGRAM.\n\n    (a) In General.--Subject to subsection (i), the Attorney General \nshall make competitive grants to eligible State, tribal, and local \ngovernments to establish or maintain programs that provide protection \nor assistance to witnesses in--\n            (1) court proceedings involving homicide, or involving a \n        serious violent felony or serious drug offense as defined in \n        section 3559(c)(2) of title 18, United States Code; and\n            (2) court proceedings involving gangs or organized crime.\n    (b) Criteria.--In making grants under subsection (a), the Attorney \nGeneral shall evaluate applicants based upon the following:\n            (1) The extent to which the applicant has a lack of \n        infrastructure to support a witness assistance program.\n            (2) The extent to which witness intimidation is present \n        with respect to the applicant.\n            (3) The level of cases not prosecuted by the applicant due \n        to witness intimidation.\n            (4) The number of homicides per capita committed in the \n        jurisdiction of the applicant.\n            (5) The number of serious violent felonies or serious drug \n        offenses, as defined in section 3559(c)(2) of title 18, United \n        States Code, per capita committed in the jurisdiction of the \n        applicant.\n            (6) The extent to which organized crime is present in the \n        jurisdiction of the applicant.\n            (7) Other appropriate criteria as determined by the \n        Attorney General.\n    (c) Technical Assistance.--From amounts made available under \nsubsection (i) to carry out this section, the Attorney General, upon \nrequest of a recipient of a grant under this section, shall direct the \nappropriate offices within the Department of Justice to provide \ntechnical assistance to such recipient to the extent the Attorney \nGeneral determines such technical assistance is needed to establish or \nmaintain a program described in such section.\n    (d) Best Practices.--\n            (1) Report.--Each recipient of a grant under this section \n        shall submit to the Attorney General a report, in such form and \n        manner and containing such information as specified by the \n        Attorney General, that evaluates each program established or \n        maintained pursuant to such grant, including policies and \n        procedures under the program.\n            (2) Development of best practices.--Based on the reports \n        submitted under paragraph (1), the Attorney General shall \n        develop best practice models to assist States and other \n        relevant entities in addressing--\n                    (A) witness safety;\n                    (B) short-term and permanent witness relocation;\n                    (C) financial and housing assistance; and\n                    (D) any other services related to witness \n                protection or assistance that are determined by the \n                Attorney General to be necessary.\n            (3) Dissemination to states.--Not later than 1 year after \n        the development of best practice models under paragraph (2), \n        the Attorney General shall disseminate to States and other \n        relevant entities such models.\n            (4) Sense of congress.--It is the sense of Congress that \n        States and other relevant entities should use the best practice \n        models developed and disseminated in accordance with this \n        section to evaluate, improve, and develop witness protection or \n        witness assistance as appropriate.\n            (5) Clarification.--Nothing in this section requires the \n        dissemination of any information if the Attorney General \n        determines such information is law enforcement sensitive and \n        should only be disclosed within the law enforcement community \n        or that such information poses a threat to national security.\n    (e) Federal Share.--\n            (1) In general.--The Federal share of the cost of a project \n        carried out using a grant made under this section shall not be \n        more than 75 percent.\n            (2) In-kind contributions.--\n                    (A) In general.--Subject to subparagraph (B), the \n                non-Federal share for a project carried out using a \n                grant made under this section may be made in the form \n                of in-kind contributions that are directly related to \n                the purpose for which the grant was made.\n                    (B) Maximum percentage.--Not more than 50 percent \n                of the non-Federal share for a project carried out \n                using a grant made under this section may be in the \n                form of in-kind contributions.\n    (f) Administrative Expenses.--Federal administrative costs to carry \nout this section for a fiscal year shall not exceed 5 percent of the \nfunds appropriated pursuant to subsection (i) for such fiscal year.\n    (g) Geographic Distribution.--The Attorney General shall ensure \nthat, to the extent reasonable and practical, grants authorized by this \nsection are made to achieve an equitable geographical distribution of \nsuch programs throughout the United States and that due consideration \nbe given to applicants of rural and urban communities.\n    (h) Report to Congress.--The Attorney General shall submit a report \nto Congress--\n            (1) not later than December 31, 2013, on the implementation \n        of this section and any information on programs funded by \n        grants made pursuant to this section; and\n            (2) not later than December 31, 2017, on the programs \n        funded by grants awarded under this section, including on \n        matters specified under subsection (d)(2).\n    (i) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $30,000,000 for each of the \nfiscal years 2012 through 2016.","title":""}
+{"_id":"c452","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Women's Business Procurement \nAssistance Act of 1993''.\n\nSEC. 2. GOAL SETTING.\n\n    Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is \namended--\n            (1) in paragraph (1) by inserting ``, small business \n        concerns owned and controlled by women,'' after ``small \n        business concerns'' the first place it appears in the first \n        sentence and the first place it appears in the fourth sentence;\n            (2) in the first sentence of paragraph (2) by inserting \n        ``by small business concerns owned and controlled by women,'' \n        after ``small business concerns,'';\n            (3) in the second sentence of paragraph (2) by inserting \n        ``, small business concerns owned and controlled by women,'' \n        after ``small business concerns'' the first place it appears; \n        and\n            (4) in the fourth sentence of paragraph (2) by inserting \n        ``small business concerns owned and controlled by women and'' \n        after ``including participation by''.\n\nSEC. 3. REPORTING.\n\n    Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is \namended--\n            (1) by inserting ``, small business concerns owned and \n        controlled by women,'' after ``small business concerns'' the \n        first place it appears in paragraph (1), the first place it \n        appears in paragraph (2)(A), and the first place it appears in \n        paragraph (2)(D);\n            (2) in paragraph (1) by inserting ``and subcontracts'' \n        after ``contracts'';\n            (3) by adding at the end of paragraph (1) the following new \n        sentence: ``The Administration shall submit to the Committee on \n        Small Business of the Senate and the Committee on Small \n        Business of the House of Representatives information obtained \n        from such reports, together with appropriate comments.''; and\n            (4) in paragraph (2)(F) by striking ``women-owned small \n        business enterprises'' and inserting ``small business concerns \n        owned and controlled by women''.\n\nSEC. 4. SUBCONTRACTING.\n\n    (a) Statement of Policy.--Section 8(d)(1) of the Small Business Act \n(15 U.S.C. 637(d)(1)) is amended--\n            (1) in the first sentence by inserting ``small business \n        concerns owned and controlled by women,'' after ``small \n        business concerns,''; and\n            (2) in the second sentence by inserting ``, small business \n        concerns owned and controlled by women,'' after ``small \n        business concerns'' the first place it appears.\n    (b) Contract Clause.--The contract clause specified in section \n8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)) is amended as \nfollows:\n            (1) Subparagraph (A) of such clause is amended by inserting \n        ``, small business concerns owned and controlled by women,'' \n        after ``small business concerns'' the first place it appears in \n        the first sentence and the first place it appears in the second \n        sentence.\n            (2) Subparagraph (C) of such clause is amended to read as \n        follows:\n            ``(C)(i) As used in this contract, the term `small business \n        concern' means a small business concern as defined pursuant to \n        section 3 of the Small Business Act and relevant regulations \n        promulgated pursuant thereto.\n            ``(ii) As used in this contract, the term `small business \n        concern owned and controlled by socially and economically \n        disadvantaged individuals' means a small business concern--\n                    ``(I) which is at least 51 percent owned by one or \n                more socially and economically disadvantaged \n                individuals; or, in the case of any publicly owned \n                business, at least 51 percent of the stock of which is \n                owned by one or more socially and economically \n                disadvantaged individuals; and\n                    ``(II) whose management and daily business \n                operations are controlled by one or more of such \n                individuals.\n        The contractor shall presume that socially and economically \n        disadvantaged individuals include Black Americans, Hispanic \n        Americans, Native Americans, Asian Pacific Americans, and other \n        minorities, or any other individual found to be disadvantaged \n        by the Administration pursuant to section 8(a) of the Small \n        Business Act.\n            ``(iii) As used in this contract, the term `small business \n        concern owned and controlled by women' means a small business \n        concern--\n                    ``(I) which is at least 51 percent owned by one or \n                more women; or, in the case of any publicly owned \n                business, at least 51 percent of the stock of which is \n                owned by one or more women; and\n                    ``(II) whose management and daily business \n                operations are controlled by such women.\n        The contractor shall presume that women have been subjected to \n        gender based discrimination and may determine whether a small \n        business concern meets the percentage requirements under \n        subclause (I) without regard to the community property laws of \n        any jurisdiction.''.\n    (c) Conforming Amendments.--Section 8(d) of the Small Business Act \n(15 U.S.C. 637(d)) is amended by inserting ``, small business concerns \nowned and controlled by women,'' after ``small business concerns'' the \nfirst place it appears in paragraphs (3)(D), (4)(D), (4)(E), (6)(A), \n(6)(C), (6)(F), (10)(B), and (11).\n    (d) Exclusion.--No business concern shall be deemed eligible for \nany contract or other assistance pursuant to section 2323 of title 10, \nUnited States Code, due solely to the provisions of this section.\n\nSEC. 5. WOMEN-IN-BUSINESS SPECIALISTS.\n\n    Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is \namended--\n            (1) by inserting ``(1)'' after ``(k)'';\n            (2) by redesignating paragraphs (1), (2), (3), (4), (5), \n        (6), (7), (8), and (9) as subparagraphs (A), (B), (C), (D), \n        (E), (F), (G), (H), and (I), respectively;\n            (3) by striking ``and'' at the end of subparagraph (H) (as \n        redesignated);\n            (4) in subparagraph (I) (as redesignated), by striking out \n        the period after ``Code'' and all that follows through ``shall \n        be made'' and inserting in lieu thereof a comma, and by \n        striking the period after ``contract file'' and inserting ``, \n        and'';\n            (5) by inserting after subparagraph (I) (as redesignated) \n        the following new subparagraph:\n            ``(J) subject to paragraph (2)(A), designate an employee of \n        such office to be a women-in-business specialist responsible \n        for the implementation and execution of programs designed to \n        assist small business concerns owned and controlled by \n        women.'';\n            (6) by designating the last sentence as paragraph (2); and\n            (7) by adding at the end the following new paragraph:\n    ``(3)(A) The Director of Small and Disadvantaged Business \nUtilization in a Federal agency shall ensure that the women-in-business \nspecialist designated pursuant to paragraph (1)(J) has sufficient \nknowledge of small business concerns owned and controlled by women and \nthe Federal procurement process, other appropriate qualifications, and \nappropriate training from the Office of Women's Business Ownership to \neffectively carry out the specialist's responsibilities under this Act.\n    ``(B) Each women-in-business specialist designated pursuant to \nparagraph (1)(J) in a Federal agency shall work full time to initiate \nand execute programs to assist small business concerns owned and \ncontrolled by women in participating in the performance of contracts \nlet by the agency. The specialist shall--\n            ``(i) respond to requests from small business concerns \n        owned and controlled by women;\n            ``(ii) identify and solicit offers from small business \n        concerns owned and controlled by women, as required under \n        section 15(p) of this Act, through means such as sending \n        solicitation packages to such concerns for each proposed \n        contract for which such concerns may be eligible to compete and \n        holding workshops on procurement for such concerns; and\n            ``(iii) regularly monitor the agency's progress toward \n        meeting the annual goal established under subsection (g) for \n        participation by small business concerns owned and controlled \n        by women.''.\n\nSEC. 6. OUTREACH.\n\n    Section 15 the Small Business Act (15 U.S.C. 644) is amended by \nadding at the end the following new subsection:\n    ``(p) Each Federal agency having procurement powers shall engage in \naffirmative efforts to identify and solicit offers from small business \nconcerns owned and controlled by women and the small business concerns \nowned and controlled by socially and economically disadvantaged \nindividuals. To the maximum extent practicable, a representative number \nof such concerns shall receive solicitation packages for each proposed \nacquisition for which such concerns may be eligible to compete.''.\n\nSEC. 7. ESTABLISHMENT OF THE OFFICE OF WOMEN'S BUSINESS OWNERSHIP.\n\n    The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding \nat the end the following new section:\n\n``SEC. 28. OFFICE OF WOMEN'S BUSINESS OWNERSHIP.\n\n    ``(a) Establishment.--There is established in the Small Business \nAdministration the Office of Women's Business Ownership (hereinafter in \nthis section referred to as the `Office').\n    ``(b) Director.--The Director of the Office (hereinafter in this \nsection referred to as the `Director') shall be appointed by the \nAdministrator not later than sixty days after the date of the enactment \nof this section.\n    ``(c) Functions.--The Director shall perform the following \nfunctions:\n            ``(1) Promote, coordinate, and monitor the plans, programs, \n        and operations of Federal departments and agencies which may \n        contribute to the establishment, preservation, and \n        strengthening of small business concerns owned and controlled \n        by women. The Director may, as appropriate, develop \n        comprehensive interagency plans and specific program goals for \n        small business concerns owned and controlled by women with the \n        cooperation of the departments and agencies.\n            ``(2) Establish policies, definitions, procedures, and \n        guidelines to govern the implementation, interpretation, and \n        application of this section, and generally perform such \n        functions and take such steps as the Director may consider to \n        be necessary or appropriate to carry out this section.\n            ``(3) Promote the mobilization of activities and resources \n        of State and local governments, business and trade \n        associations, private industry, colleges and universities, \n        foundations, professional organizations, and volunteer and \n        other groups toward the growth of small business concerns owned \n        and controlled by women, and facilitate the coordination of the \n        efforts of such groups with those of Federal departments and \n        agencies.\n            ``(4) Make an annual assessment of the progress made in the \n        Federal Government toward assisting small business concerns \n        owned and controlled by women to enter the mainstream of \n        business ownership and provide recommendations for future \n        actions to the Administrator.\n            ``(5) Convene and consult (as necessary) with persons \n        inside and outside government to develop and promote new ideas \n        concerning the development of small business concerns owned and \n        controlled by women.\n            ``(6) Consider the findings and recommendations of \n        government and private sector investigations and studies of the \n        problems of women entrepreneurs, and promote further research \n        into such problems.\n            ``(7) Monitor the contracting and subcontracting \n        performance of each department, agency, and business enterprise \n        participating under this section.\n            ``(8) Promote access and participation for small business \n        concerns owned and controlled by women to a fair proportion of \n        the broad array of purchases and contracts for property and \n        services for the Federal Government.\n            ``(9) Provide training as needed to women-in-business \n        specialists designated pursuant to section 15(k)(1)(J) to carry \n        out their responsibilities under this Act.''.\n\nSEC. 8. GENERAL ACCOUNTING OFFICE REPORT.\n\n    (a) Report Requirement.--Not later than 3 years after the date of \nthe enactment of this Act, the Comptroller General shall submit to \nCongress a report comparing the number of small business concerns owned \nand controlled by women procuring Federal contracts during the year \npreceding the date of the enactment of this Act with the number of such \nbusinesses during each of the 3 years occurring after such date. If the \nnumber of such businesses did not increase significantly by the end of \nthe 3-year period beginning on the date of the enactment of this Act, \nthe Comptroller General shall include in the report recommendations on \nactions that could be taken to increase the number.\n    (b) Sense of Congress.--If the report required under subsection (a) \nshows that the number of small business concerns owned and controlled \nby women did not increase significantly by the end of the 3-year period \nbeginning on the date of the enactment of this Act, it is the sense of \nCongress that further legislative steps should be taken to ensure that \nthe number of Federal contracts entered into with small business \nconcerns owned and controlled by women realistically reflects the \npotential of such business concerns to perform Federal contracting and \nsubcontracting work.","title":""}
+{"_id":"c453","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Women, Peace, and Security Act of \n2016''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Around the world, women remain under-represented in \n        conflict prevention, conflict resolution, and post-conflict \n        peace building efforts.\n            (2) Despite the historic under-representation of women in \n        conflict resolution processes, women in conflict-affected \n        regions have nevertheless achieved significant success in--\n                    (A) moderating violent extremism;\n                    (B) countering terrorism;\n                    (C) resolving disputes through nonviolent mediation \n                and negotiation; and\n                    (D) stabilizing societies by enhancing the \n                effectiveness of security services, peacekeeping \n                efforts, institutions, and decision-making processes.\n            (3) Research shows that--\n                    (A) peace negotiations are more likely to end in a \n                peace agreement when women's groups play an influential \n                role in the negotiation process;\n                    (B) once reached, a peace agreement is 35 percent \n                more likely to last at least 15 years if women have \n                participated in the negotiation process; and\n                    (C) when women meaningfully participate, peace \n                negotiations are more likely to address the underlying \n                causes of the conflict, leading to more sustainable \n                outcomes.\n\nSEC. 3. SENSE OF CONGRESS.\n\n    It is the sense of Congress that--\n            (1) the meaningful participation of women in conflict \n        prevention and conflict resolution processes helps to promote \n        more inclusive and democratic societies and is critical to the \n        long-term stability of countries and regions;\n            (2) the political participation and leadership of women in \n        fragile environments, particularly during democratic \n        transitions, is critical to sustaining lasting democratic \n        institutions; and\n            (3) the United States should be a global leader in \n        promoting the meaningful participation of women in conflict \n        prevention, management, and resolution, and post-conflict \n        relief and recovery efforts.\n\nSEC. 4. STATEMENT OF POLICY.\n\n    It shall be the policy of the United States to promote the \nmeaningful participation of women in all aspects of conflict \nprevention, management, and resolution, and post-conflict relief and \nrecovery efforts, reinforced through diplomatic efforts and programs \nthat--\n            (1) integrate the perspectives and interests of affected \n        women into conflict-prevention activities and strategies;\n            (2) encourage partner governments to adopt plans to improve \n        the meaningful participation of women in peace and security \n        processes and decision-making institutions;\n            (3) promote the physical safety, economic security, and \n        dignity of women and girls;\n            (4) support the equal access of women to aid distribution \n        mechanisms and services;\n            (5) collect and analyze gender data for the purpose of \n        developing and enhancing early warning systems of conflict and \n        violence;\n            (6) adjust policies and programs to improve outcomes in \n        gender equality and the empowerment of women; and\n            (7) monitor, analyze, and evaluate the efforts related to \n        each strategy submitted under section 5 and the impact of such \n        efforts.\n\nSEC. 5. UNITED STATES STRATEGY TO PROMOTE THE PARTICIPATION OF WOMEN IN \n              CONFLICT PREVENTION AND PEACE BUILDING.\n\n    (a) Requirement.--Not later than October 1, 2017, October 1, 2022, \nand October 1, 2027, the President, in consultation with the heads of \nthe relevant Federal departments and agencies, shall submit to the \nappropriate congressional committees and make publicly available a \nsingle government-wide strategy, to be known as the Women, Peace, and \nSecurity Strategy, that provides a detailed description of how the \nUnited States intends to fulfill the policy objectives in section 4. \nThe strategy shall--\n            (1) support and be aligned with plans developed by other \n        countries to improve the meaningful participation of women in \n        peace and security processes, conflict prevention, peace \n        building, transitional processes, and decision-making \n        institutions; and\n            (2) include specific and measurable goals, benchmarks, \n        performance metrics, timetables, and monitoring and evaluation \n        plans, to ensure the accountability and effectiveness of all \n        policies and initiatives carried out under the strategy.\n    (b) Specific Plans for Agencies.--Each strategy under subsection \n(a) shall include a specific implementation plan from each of the \nrelevant Federal departments and agencies that describes--\n            (1) the anticipated contributions of the department or \n        agency, including technical, financial, and in-kind \n        contributions, to implement the strategy; and\n            (2) the efforts of the department or agency to ensure that \n        the policies and initiatives carried out pursuant to the \n        strategy are designed to achieve maximum impact and long-term \n        sustainability.\n    (c) Department of State Implementation.--Within each relevant \nbureau of the Department of State, the Secretary of State shall task \nthe current Principal Deputy Assistant Secretary with the \nresponsibility for the implementation of the strategy under subsection \n(a) and the specific implementation plan for the Department under \nsubsection (b), with respect to the roles and responsibilities of such \nbureau. The Principal Deputy Assistant Secretaries tasked with such \nresponsibility shall meet, at least twice a year, to review the \nimplementation of the strategy and the plan and to contribute to the \nreport under section 8(b).\n    (d) Coordination.--The President should promote the meaningful \nparticipation of women in conflict prevention, in coordination and \nconsultation with international partners, including multilateral \norganizations, stakeholders, and other relevant international \norganizations, particularly in situations in which the direct \nengagement of the United States is not appropriate or advisable.\n    (e) Sense of Congress.--It is the sense of Congress that the \nPresident, in implementing each strategy submitted under subsection \n(a), should--\n            (1) provide technical assistance, training, and logistical \n        support to female negotiators, mediators, peace builders, and \n        stakeholders;\n            (2) address security-related barriers to the meaningful \n        participation of women;\n            (3) increase the participation of women in existing \n        programs funded by the United States Government that provide \n        training to foreign nationals regarding law enforcement, the \n        rule of law, or professional military education;\n            (4) support appropriate local organizations, especially \n        women's peace building organizations;\n            (5) support the training, education, and mobilization of \n        men and boys as partners in support of the meaningful \n        participation of women;\n            (6) encourage the development of transitional justice and \n        accountability mechanisms that are inclusive of the experiences \n        and perspectives of women and girls;\n            (7) expand and apply gender analysis to improve program \n        design and targeting; and\n            (8) conduct assessments that include the perspectives of \n        women before implementing any new initiatives in support of \n        peace negotiations, transitional justice and accountability, \n        efforts to counter violent extremism, or security sector \n        reform.\n\nSEC. 6. TRAINING REQUIREMENTS REGARDING THE PARTICIPATION OF WOMEN IN \n              CONFLICT PREVENTION AND PEACE BUILDING.\n\n    (a) Foreign Service.--The Secretary of State, in conjunction with \nthe Administrator of the United States Agency for International \nDevelopment, shall ensure that all appropriate personnel (including \nspecial envoys, members of mediation or negotiation teams, relevant \nmembers of the civil service or Foreign Service, and contractors) \nresponsible for or deploying to countries or regions considered to be \nat risk of, undergoing, or emerging from violent conflict obtain \ntraining, as appropriate, in the following areas, each of which shall \ninclude a focus on women and ensuring meaningful participation by \nwomen:\n            (1) Conflict prevention, mitigation, and resolution.\n            (2) Protecting civilians from violence, exploitation, and \n        trafficking in persons.\n            (3) International human rights law and international \n        humanitarian law.\n    (b) Department of Defense.--The Secretary of Defense shall ensure \nthat relevant personnel receive training, as appropriate, in the \nfollowing areas:\n            (1) Training in conflict prevention, peace processes, \n        mitigation, resolution, and security initiatives that \n        specifically addresses the importance of meaningful \n        participation by women.\n            (2) Gender considerations and meaningful participation by \n        women, including training regarding--\n                    (A) international human rights law and \n                international humanitarian law, as relevant; and\n                    (B) protecting civilians from violence, \n                exploitation, and trafficking in persons.\n            (3) Effective strategies and best practices for ensuring \n        meaningful participation by women.\n\nSEC. 7. CONSULTATION AND COLLABORATION.\n\n    (a) In General.--The Secretary of State and the Administrator of \nthe United States Agency for International Development shall establish \nguidelines for overseas United States personnel of the Department or \nthe Agency, as the case may be, to consult with stakeholders regarding \nUnited States efforts to--\n            (1) prevent, mitigate, or resolve violent conflict; and\n            (2) enhance the success of mediation and negotiation \n        processes by ensuring the meaningful participation of women.\n    (b) Frequency and Scope.--The consultations required under \nsubsection (a) shall take place regularly and include a range and \nrepresentative sample of stakeholders, including local women, youth, \nethnic and religious minorities, and other politically under-\nrepresented or marginalized populations.\n    (c) Collaboration and Coordination.--The Secretary of State should \nwork with international, regional, national, and local organizations to \nincrease the meaningful participation of women in international \npeacekeeping operations, and should promote training that provides \ninternational peacekeeping personnel with the substantive knowledge and \nskills needed to ensure effective physical security and meaningful \nparticipation of women in conflict prevention and peace building.\n\nSEC. 8. REPORTS TO CONGRESS.\n\n    (a) Briefing.--The Secretary of State, in conjunction with the \nAdministrator of the United States Agency for International Development \nand the Secretary of Defense, shall brief the appropriate congressional \ncommittees, not later than 1 year after the date of the first \nsubmission of a strategy required under section 5, on--\n            (1) existing, enhanced, and newly established training \n        carried out pursuant to section 6; and\n            (2) the guidelines established for overseas United States \n        personnel to engage in consultations with stakeholders, \n        pursuant to section 7.\n    (b) Report on Women, Peace, and Security Strategy.--Not later than \n2 years after the date of the submission of each strategy required \nunder section 5, the President shall submit to the appropriate \ncongressional committees a report that--\n            (1) summarizes and evaluates the implementation of such \n        strategy and the impact of United States diplomatic efforts and \n        foreign assistance programs, projects, and activities to \n        promote the meaningful participation of women;\n            (2) describes the nature and extent of the coordination \n        among the relevant Federal departments and agencies on the \n        implementation of such strategy;\n            (3) outlines the monitoring and evaluation tools, \n        mechanisms, and common indicators to assess progress made on \n        the policy objectives in section 4; and\n            (4) describes the existing, enhanced, and newly established \n        training carried out pursuant to section 6.\n\nSEC. 9. DEFINITIONS.\n\n    In this Act:\n            (1) Appropriate congressional committees.--The term \n        ``appropriate congressional committees'' means--\n                    (A) the Committee on Appropriations, the Committee \n                on Armed Services, and the Committee on Foreign \n                Relations of the Senate; and\n                    (B) the Committee on Appropriations, the Committee \n                on Armed Services, and the Committee on Foreign Affairs \n                of the House of Representatives.\n            (2) Stakeholders.--The term ``stakeholders'' means non-\n        governmental and private sector entities engaged in or affected \n        by conflict prevention and stabilization, peace building, \n        protection, security, transition initiatives, humanitarian \n        response, or related efforts, including--\n                    (A) registered or non-registered nonprofit \n                organizations, advocacy groups, business or trade \n                associations, labor unions, cooperatives, credit \n                unions, relief or development organizations, community \n                and faith-based organizations, philanthropic \n                foundations, and tribal leaders or structures;\n                    (B) independent media, educational, or research \n                institutions; and\n                    (C) private enterprises, including international \n                development firms, banks, and other financial \n                institutions, particularly small businesses and \n                businesses owned by women or disadvantaged groups.\n            (3) Meaningful participation.--The term ``meaningful \n        participation'' means safe, genuine, and effective access to, \n        and present and active involvement in the full range of formal \n        or informal processes related to negotiation or mediation with \n        respect to any efforts toward the following:\n                    (A) Conflict prevention.\n                    (B) Resolution or mitigation of, or transition \n                from, violent conflict.\n                    (C) Peacekeeping and peace building.\n                    (D) Post-conflict reconstruction, transition \n                initiatives, elections, and governance.\n                    (E) Humanitarian response and recovery.\n            (4) Relevant federal departments and agencies.--The term \n        ``relevant Federal departments and agencies'' means--\n                    (A) the United States Agency for International \n                Development;\n                    (B) the Department of State;\n                    (C) the Department of Defense;\n                    (D) the Department of Homeland Security; and\n                    (E) any other department or agency specified by the \n                President for purposes of this Act.\n\n            Passed the House of Representatives November 15, 2016.\n\n            Attest:\n\n                                                 KAREN L. HAAS,\n\n                                                                 Clerk.","title":""}
+{"_id":"c454","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Wood Stove Regulatory Relief Act of \n2014''.\n\nSEC. 2. REGULATION OF NEW RESIDENTIAL WOOD HEATERS, NEW RESIDENTIAL \n              HYDRONIC HEATERS, NEW FORCED-AIR FURNACES, AND NEW \n              RESIDENTIAL MASONRY HEATERS.\n\n    (a) Prohibition.--During the period specified in subsection (c), \nthe Administrator may not finalize, issue, implement, or enforce any \nrule described in subsection (b) unless such rule meets the \nrequirements described in subsection (d).\n    (b) Rules.--Subsection (a) applies with respect to--\n            (1) the proposed rule entitled ``Standards of Performance \n        for New Residential Wood Heaters, New Residential Hydronic \n        Heaters and Forced-Air Furnaces, and New Residential Masonry \n        Heaters'' published at 79 Fed. Reg. 6330 (February 3, 2014) or \n        any successor or substantially similar rule; and\n            (2) any other rule under section 111 of the Clean Air Act \n        (42 U.S.C. 7411) that is applicable to any new source that is a \n        residential wood heater, a residential hydronic heater, a \n        forced-air furnace, or a residential masonry heater.\n    (c) Applicability.--This Act applies during the 8-year period \nbeginning on the date of enactment of this Act.\n    (d) Requirements.--\n            (1) Numeric emission limits.--During the period specified \n        in subsection (c), in finalizing or issuing any rule described \n        in subsection (b), the Administrator may not establish a \n        particulate matter emissions limit--\n                    (A) for adjustable rate wood heaters or pellet \n                heaters\/stoves that were, on or before the effective \n                date of the rule, certified as being in compliance with \n                any applicable standard of performance for particulate \n                matter, that is less than 4.5 grams of particulate \n                matter per hour;\n                    (B) for all other adjustable rate wood heaters, \n                single burn rate wood heaters, or pellet heaters\/\n                stoves, that is less than 4.5 grams of particulate \n                matter per hour;\n                    (C) for any residential hydronic heater, that is \n                less than 0.32 pound per million British thermal unit \n                heat output as measured under ASTM E2618-13 ``Standard \n                Test Method for Measurement of Particulate Emissions \n                and Heating Efficiency of Solid Fuel-Fired Hydronic \n                Heating Appliances'' using either cordwood or cribs; or\n                    (D) for any forced-air furnace, that is less than \n                0.93 pound per million British thermal unit heat \n                output.\n            (2) Transition period.--During the period specified in \n        subsection (c), in finalizing or issuing any rule described in \n        subsection (b), the Administrator shall--\n                    (A) with respect to a residential wood heater that \n                was certified on or before the effective date of the \n                rule by the Administrator as in compliance with any \n                applicable emissions limit in effect prior to the date \n                of enactment of this Act--\n                            (i) provide that such certification shall \n                        remain valid until the date that is five years \n                        after such heater was certified; and\n                            (ii) permit any such heater to be \n                        manufactured and sold at retail until the date \n                        that is five years after such heater was \n                        certified;\n                    (B) with respect to a forced-air furnace--\n                            (i) except as provided in clause (ii)--\n                                    (I) that is manufactured on or \n                                before the effective date of such rule, \n                                permit such forced-air furnace to be \n                                sold at retail for a period of at least \n                                one year after such effective date; or\n                                    (II) that is manufactured after the \n                                effective date of such rule, not \n                                require such forced-air furnace to meet \n                                any applicable particulate matter \n                                emissions limit set forth in such rule \n                                until the date that is at least one \n                                year after such effective date; or\n                            (ii) that was tested under Canadian \n                        Standards Administration B415.1-10 test \n                        protocol on or before the effective date of the \n                        rule and met a particulate matter emissions \n                        limit of 0.93 pound per million British thermal \n                        unit heat output, permit such forced-air \n                        furnace to be manufactured and sold at retail \n                        for a period of five years after such effective \n                        date; and\n                    (C) with respect to a hydronic heater that--\n                            (i) is a qualified model, deem such \n                        hydronic heater to be certified as in \n                        compliance with any otherwise applicable \n                        emissions limit under such rule for the \n                        duration of the period it would be considered a \n                        qualified model, but in no case for a period of \n                        less than 3 years beginning on the effective \n                        date of such rule; or\n                            (ii) is not a qualified model and that is \n                        manufactured on or before the effective date of \n                        such rule, permit such hydronic heater to be \n                        sold at retail for a period of at least one \n                        year after such effective date.\n            (3) Certification procedures.--\n                    (A) Independent accredited third party testing and \n                certification.--During the period specified in \n                subsection (c), in finalizing or issuing any rule \n                described in subsection (b), the Administrator shall \n                provide that certifications of compliance with any \n                applicable emissions limit under such rule be issued by \n                independent third party laboratories accredited as \n                certification bodies under ISO\/IEC 17065, based on \n                testing performed by the certification body or another \n                laboratory accredited under ISO\/IEC 17025 to perform \n                certification testing.\n                    (B) Limited role of epa.--During the period \n                specified in subsection (c), in finalizing or issuing \n                any rule described in subsection (b), the Administrator \n                shall provide that the Environmental Protection \n                Agency's role in any certification or auditing process \n                provided in such rule shall be limited to conducting \n                selective audits of the testing, certification, and \n                quality assurance\/quality control functions performed \n                by certification bodies or test laboratories that are \n                accredited by the ISO.\n    (e) Definitions.--In this Act:\n            (1) Administrator.--The term ``Administrator'' means the \n        Administrator of the Environmental Protection Agency.\n            (2) ISO.--The term ``ISO'' means the International \n        Organization for Standardization.\n            (3) ISO\/IEC 17025.--The term ``ISO\/IEC 17025'' means the \n        International Organization for Standardization\/International \n        Electrotechnical Commission standard number 17025.\n            (4) ISO\/IEC 17065.--The term ``ISO\/IEC 17065'' means the \n        International Organization for Standardization\/International \n        Electrotechnical Commission standard number 17065.\n            (5) New source.--The term ``new source'' has the meaning \n        given such term in section 111(a)(2) of the Clean Air Act (42 \n        U.S.C. 7411(a)(2)).\n            (6) Standard of performance.--The term ``standard of \n        performance'' has the meaning given such term in section \n        111(a)(1) of the Clean Air Act (42 U.S.C. 7411(a)(1)).\n            (7) Qualified model.--The term ``qualified model'' means, \n        with respect to a hydronic heater, a model that had been shown \n        to meet performance levels established by the Administrator \n        under a voluntary partnership program in effect prior to the \n        date of enactment of this Act.","title":""}
+{"_id":"c455","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``World Trade Center Zone Tax \nIncentive Act''.\n\nSEC. 2. TAX TREATMENT OF FOREIGN CORPORATIONS RELOCATING TO WORLD TRADE \n              CENTER AREA.\n\n    (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue \nCode of 1986 (relating to New York Liberty Zone benefits) is amended by \nadding at the end the following new section:\n\n``SEC. 1400M. NO ADDITIONAL CORPORATE INCOME TAXES ON FOREIGN \n              CORPORATIONS RELOCATING HEADQUARTERS OPERATIONS TO NEW \n              YORK LIBERTY ZONE.\n\n    ``(a) General Rule.--If there is a qualified headquarters \nrelocation of an eligible foreign corporation, any qualified \nheadquarters activities of the corporation conducted in the New York \nLiberty Zone shall be treated as conducted outside the United States \nfor purposes of determining--\n            ``(1) the amount of any tax imposed by this chapter, or the \n        amount of withholding tax under chapter 3, on the corporation, \n        or\n            ``(2) whether the corporation has a permanent establishment \n        within the United States for purposes of any applicable income \n        tax treaty between the United States and any foreign country.\n    ``(b) Qualified Headquarters Relocation.--For purposes of this \nsection--\n            ``(1) In general.--The term `qualified headquarters \n        relocation' means any relocation of an eligible foreign \n        corporation's qualified headquarters activities to the New York \n        Liberty Zone but only if the corporation with respect to such \n        relocation--\n                    ``(A) before September 11, 2007, enters into a \n                contract--\n                            ``(i) under which the corporation agrees to \n                        acquire, lease, sublease, or otherwise occupy \n                        office space located in the New York Liberty \n                        Zone for use in the conduct of the activities \n                        to be relocated, and\n                            ``(ii) which requires a substantial \n                        financial commitment or provides a substantial \n                        cancellation penalty, and\n                    ``(B) before September 11, 2009--\n                            ``(i) transfers to the New York Liberty \n                        Zone qualified headquarters activities meeting \n                        the requirements of paragraph (2), and\n                            ``(ii) locates employees in the New York \n                        Liberty Zone in accordance with the \n                        requirements of paragraph (3).\n            ``(2) Transfer of qualified headquarters activities.--The \n        requirements of this paragraph are met if the transfer of \n        qualified headquarters activities includes at least the \n        transfer of a substantial part of the following activities \n        which the eligible foreign corporation was performing for \n        members of its expanded affiliated group immediately before the \n        requirement of paragraph (1)(A) is met:\n                    ``(A) The activities described in clause (ii) of \n                subsection (c)(2)(A).\n                    ``(B) High-level activities described in clause \n                (iii) of subsection (c)(2)(A).\n                    ``(C) The activities described in clause (iv) of \n                subsection (c)(2)(A).\n            ``(3) Transfer of employees.--\n                    ``(A) In general.--The requirements of this \n                paragraph are met if the eligible foreign corporation \n                locates in the New York Liberty Zone a number of \n                employees equal to or greater than the lesser of--\n                            ``(i) 200 employees, or\n                            ``(ii) the greater of--\n                                    ``(I) 10 percent of the employees \n                                of the corporation and the members of \n                                its expanded affiliated group for which \n                                the corporation performs headquarters \n                                activities (as of the date the \n                                requirements of paragraph (1)(B) are \n                                first met), or\n                                    ``(II) 50 employees.\n                    ``(B) High-level employees.--The requirements of \n                this paragraph shall be treated as met only if the \n                eligible foreign corporation locates in the New York \n                Liberty Zone at least--\n                            ``(i) 50 percent of the senior officers of \n                        the corporation, and\n                            ``(ii) 50 percent of the senior business \n                        development personnel of the corporation.\n                    ``(C) Current united states employees not \n                counted.--For purposes of determining whether the \n                requirements of this paragraph are first met, and \n                continue to be met during the 2-year period after the \n                date on which the requirements are first met, there \n                shall not be taken into account any individual who was \n                an employee of the eligible foreign corporation or any \n                member of its expanded affiliated group who was located \n                in the United States at any time during the 1-year \n                period ending on the later of--\n                            ``(i) the date the requirements of \n                        subsection (b)(1)(B) are first met, or\n                            ``(ii) the date the employee is first \n                        located in the New York Liberty Zone.\n                Any period during which an individual was located in \n                the New York Liberty Zone solely as part of a qualified \n                headquarters relocation shall not be taken into account \n                for purposes of the preceding sentence.\n                    ``(D) Located.--An employee shall be treated as \n                located in the New York Liberty Zone or the United \n                States for any period if the services performed by the \n                employee during the period are performed primarily in \n                the New York Liberty Zone or the United States, \n                respectively.\n    ``(c) Eligible Foreign Corporation; Qualified Headquarters \nActivities.--For purposes of this section--\n            ``(1) Eligible foreign corporation.--The term `eligible \n        foreign corporation' means a foreign corporation which--\n                    ``(A) performs qualified headquarters activities \n                for 1 or more members of an expanded affiliated group \n                including such corporation, and\n                    ``(B) agrees to furnish to the Secretary (at such \n                time and in such manner as the Secretary may prescribe) \n                such information as the Secretary may require to carry \n                out this section, including the gross revenue of the \n                corporation derived from qualified headquarters \n                activities.\n            ``(2) Qualified headquarters activities.--\n                    ``(A) In general.--The term `qualified headquarters \n                activities' means, with respect to any eligible foreign \n                corporation--\n                            ``(i) the ownership and management of any \n                        member of the expanded affiliated group of \n                        which it is a member,\n                            ``(ii) the conduct of any treasury function \n                        of a member of the expanded affiliated group of \n                        which it is a member, including the borrowing \n                        of funds, financing of members of the group and \n                        related entities, and investment of excess \n                        corporate funds, but not including the taking \n                        of deposits from, or the making of loans to, \n                        the public,\n                            ``(iii) marketing and branding functions,\n                            ``(iv) senior business management and \n                        development, and\n                            ``(v) any other activity incidental to any \n                        activity described in clauses (i) through (iv).\n                    ``(B) Certain activities previously conducted in \n                united states not included.--\n                            ``(i) In general.--Such term shall not \n                        include any activity which the eligible foreign \n                        corporation or any member of its expanded \n                        affiliated group engaged in through an office \n                        or fixed place of business in the United States \n                        at any time during the 3-year period ending on \n                        the date the requirements of subsection \n                        (b)(1)(B) are first met.\n                            ``(ii) Exception for relocation \n                        activities.--The conduct of any activity as \n                        part of a qualified headquarters relocation \n                        shall not be taken into account in determining \n                        whether clause (i) applies to the activity.\n                            ``(iii) Exclusion ceases to apply if \n                        activity not conducted in united states for 5 \n                        years.--\n                                    ``(I) In general.--Clause (i) shall \n                                not apply to any activity conducted in \n                                the New York Liberty Zone during the \n                                taxable year described in subclause \n                                (II) or any succeeding taxable year.\n                                    ``(II) Applicable taxable year.--A \n                                taxable year is described in this \n                                subclause with respect to any activity \n                                if such year is the first taxable year \n                                in which ends a consecutive 5-year \n                                period which begins after the date the \n                                requirements of subsection (b)(1)(B) \n                                are first met and during which the \n                                eligible foreign corporation or any \n                                member of its expanded affiliated group \n                                did not engage in such activity through \n                                an office or fixed place of business \n                                within the United States.\n                            ``(iv) Special rules for acquired \n                        entities.--\n                                    ``(I) In general.--If an acquired \n                                entity engaged in an activity described \n                                in subparagraph (A) through an office \n                                or fixed place of business in the \n                                United States (other than an activity \n                                which was a qualified headquarters \n                                activity of the acquired entity for \n                                purposes of subsection (a)) at any time \n                                during the 1-year period preceding the \n                                first date on which the acquired entity \n                                became a member of the expanded \n                                affiliated group of the eligible \n                                foreign corporation, such activity \n                                shall be treated as an activity engaged \n                                in by the eligible foreign corporation \n                                on the day preceding the first day the \n                                requirements of subsection (b)(1)(B) \n                                are met.\n                                    ``(II) Activities not conducted in \n                                united states for 5 years.--If \n                                subclause (I) applies to an activity, \n                                clause (iii) shall be applied to the \n                                activity by substituting the date the \n                                acquired entity became a member of the \n                                expanded affiliated group of the \n                                eligible foreign corporation for the \n                                first day the requirements of \n                                subsection (b)(1)(B) are met.\n                                    ``(III) Acquired entity.--The term \n                                `acquired entity' means any corporation \n                                or partnership which became a member of \n                                the eligible foreign corporation's \n                                expanded affiliated group after the \nfirst date the requirements of subsection (b)(1)(B) are met.\n                            ``(v) Predecessor entities.--For purposes \n                        of this subparagraph, any activity conducted by \n                        a predecessor or related person with respect to \n                        a member of an expanded affiliated group shall \n                        be treated as conducted by the member.\n    ``(d) Termination and Recapture of Tax Benefits.--\n            ``(1) In general.--This section shall not apply to any \n        qualified headquarters activities of an eligible foreign \n        corporation for any taxable year if the corporation at any time \n        during the taxable year or any preceding taxable year fails \n        to--\n                    ``(A) conduct the qualified headquarters activities \n                described in subsection (b)(2), or\n                    ``(B) meet the requirements of subsection (b)(3).\n        The Secretary may waive the application of this paragraph in \n        the case of a de minimis or inadvertent failure which is \n        corrected within a reasonable period of time after discovery.\n            ``(2) Recapture of tax on certain eligible foreign \n        corporations.--\n                    ``(A) In general.--In addition to any tax imposed \n                by this chapter for the first taxable year during which \n                this section does not apply to an eligible foreign \n                corporation by reason of paragraph (1), there is hereby \n                imposed on the eligible foreign corporation a tax equal \n                to the recapture amount described in subparagraph (B).\n                    ``(B) Recapture amount.--\n                            ``(i) In general.--The recapture amount \n                        described in this subparagraph shall be the sum \n                        of the amounts determined for each of the 4 \n                        taxable years preceding the first taxable year \n                        to which this section does not apply by reason \n                        of paragraph (1) by multiplying the qualified \n                        tax benefits for each such year by the \n                        following recapture percentage:\n\n``In the case of--                  The recapture percentage is--\n    The immediately preceding taxable year........                 80% \n    The second preceding taxable year.............                 60% \n    The third preceding taxable year..............                 40% \n    The fourth preceding taxable year.............                 20%.\n                            ``(ii) Qualified tax benefits.--For \n                        purposes of this subparagraph, the term \n                        `qualified tax benefits' means, with respect to \n                        any taxable year described in clause (i), an \n                        amount equal to the excess (if any) of--\n                                    ``(I) the amount of the tax \n                                liability which a foreign corporation \n                                would have had for the taxable year \n                                under this chapter and chapter 3 if \n                                this section had not applied, over\n                                    ``(II) the amount of such tax \n                                liability for such corporation for such \n                                taxable year without regard to this \n                                paragraph.\n                    ``(C) Interest.--\n                            ``(i) In general.--In addition to the tax \n                        imposed by subparagraph (A), an eligible \n                        foreign corporation shall pay interest on the \n                        recapture amount.\n                            ``(ii) Calculation of interest.--The amount \n                        of interest under clause (i) shall be \n                        determined--\n                                    ``(I) at the underpayment rate \n                                specified in section 6621,\n                                    ``(II) separately for each taxable \n                                year, and\n                                    ``(III) for the period beginning on \n                                the due date for the tax return of the \n                                corporation for such taxable year \n                                (without regard to extensions) and \n                                ending on the due date for the tax \n                                return of the corporation for the first \n                                taxable year to which this section \n                                ceases to apply.\n    ``(e) Expanded Affiliated Group.--For purposes of this section--\n            ``(1) In general.--The term `expanded affiliated group' \n        means an affiliated group as defined in section 1504(a) but \n        without regard to paragraphs (2) and (3) of section 1504(b), \n        except that section 1504(a) shall be applied by substituting \n        `50 percent' for `80 percent' each place it appears.\n            ``(2) Partnerships.--Such term includes any partnership in \n        which the eligible foreign corporation or its expanded \n        affiliated group owns directly or indirectly more than 50 \n        percent of the capital or profit interests.\n    ``(f) Regulations.--The Secretary shall prescribe such regulations \nas may be necessary or appropriate to carry out the purposes of this \nsection, including regulations--\n            ``(1) which exclude from qualified headquarters activities \n        any activities of a type not ordinarily performed by a \n        corporation performing headquarters activities,\n            ``(2) to apply this section in the case of eligible foreign \n        corporations that conduct activities in the United States other \n        than qualified headquarters activities, and\n            ``(3) which prevent qualified foreign corporations from \n        expanding the benefits available by reason of this paragraph \n        through intercompany transactions.''\n    (b) Conforming Amendment.--The table of sections for subchapter Y \nof chapter 1 of the Internal Revenue Code of 1986 is amended by adding \nat the end the following new item:\n\n``Sec. 1400M. No additional corporate income taxes on foreign \n                            corporations relocating headquarters \n                            operations to New York Liberty Zone.''","title":""}
+{"_id":"c456","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``World War II Memorial Completion \nAct''.\n\nSEC. 2. FUND RAISING BY AMERICAN BATTLE MONUMENTS COMMISSION FOR WORLD \n              WAR II MEMORIAL.\n\n    (a) Codification of Existing Authority; Expansion of Authority.--\n(1) Chapter 21 of title 36, United States Code, is amended by adding at \nthe end the following new section:\n``Sec. 2113. World War II memorial in the District of Columbia\n    ``(a) Definitions.--In this section:\n            ``(1) The term `World War II memorial' means the memorial \n        authorized by Public Law 103-32 (107 Stat. 90) to be \n        established by the American Battle Monuments Commission on \n        Federal land in the District of Columbia or its environs to \n        honor members of the Armed Forces who served in World War II \n        and to commemorate the participation of the United States in \n        that war.\n            ``(2) The term `Commission' means the American Battle \n        Monuments Commission.\n            ``(3) The term `memorial fund' means the fund created by \n        subsection (c).\n    ``(b) Solicitation and Acceptance of Contributions.--Consistent \nwith the authority of the Commission under section 2103(e) of this \ntitle, the Commission shall solicit and accept contributions for the \nWorld War II memorial.\n    ``(c) Creation of Memorial Fund.--(1) There is hereby created in \nthe Treasury a fund for the World War II memorial, which shall consist \nof the following:\n            ``(A) Amounts deposited, and interest and proceeds \n        credited, under paragraph (2).\n            ``(B) Obligations obtained under paragraph (3).\n            ``(C) The amount of surcharges paid to the Commission for \n        the World War II memorial under the World War II 50th \n        Anniversary Commemorative Coins Act.\n            ``(D) Amounts borrowed using the authority provided under \n        subsection (e).\n            ``(E) Any funds received by the Commission under section \n        2103(l) of this title in exchange for use of, or the right to \n        use, any mark, copyright or patent.\n    ``(2) The Chairman of the Commission shall deposit in the memorial \nfund the amounts accepted as contributions under subsection (b). The \nSecretary of the Treasury shall credit to the memorial fund the \ninterest on, and the proceeds from sale or redemption of, obligations \nheld in the memorial fund.\n    ``(3) The Secretary of the Treasury shall invest any portion of the \nmemorial fund that, as determined by the Chairman of the Commission, is \nnot required to meet current expenses. Each investment shall be made in \nan interest bearing obligation of the United States or an obligation \nguaranteed as to principal and interest by the United States that, as \ndetermined by the Chairman of the Commission, has a maturity suitable \nfor the memorial fund.\n    ``(d) Use of Memorial Fund.--The memorial fund shall be available \nto the Commission for--\n            ``(1) the expenses of establishing the World War II \n        memorial, including the maintenance and preservation amount \n        provided for in section 8(b) of the Commemorative Works Act (40 \n        U.S.C. 1008(b));\n            ``(2) such other expenses, other than routine maintenance, \n        with respect to the World War II memorial as the Commission \n        considers warranted; and\n            ``(3) to secure, obtain, register, enforce, protect, and \n        license any mark, copyright or patent that is owned by, \n        assigned to, or licensed to the Commission under section \n        2103(l) of this title to aid or facilitate the construction of \n        the World War II memorial.\n    ``(e) Special Borrowing Authority.--(1) To assure that \ngroundbreaking, construction, and dedication of the World War II \nmemorial are completed on a timely basis, the Commission may borrow \nmoney from the Treasury of the United States in such amounts as the \nCommission considers necessary, but not to exceed a total \nof $65,000,000. Borrowed amounts shall bear interest at a rate \ndetermined by the Secretary of the Treasury, taking into consideration \nthe average market yield on outstanding marketable obligations of the \nUnited States of comparable maturities during the month preceding the \nmonth in which the obligations of the Commission are issued. The \ninterest payments on such obligations may be deferred with the approval \nof the Secretary of the Treasury, but any interest payment so deferred \nshall also bear interest.\n    ``(2) The borrowing of money by the Commission under paragraph (1) \nshall be subject to such maturities, terms, and conditions as may be \nagreed upon by the Commission and the Secretary of the Treasury, except \nthat the maturities may not exceed 20 years and such borrowings may be \nredeemable at the option of the Commission before maturity.\n    ``(3) The obligations of the Commission shall be issued in amounts \nand at prices approved by the Secretary of the Treasury. The authority \nof the Commission to issue obligations under this subsection shall \nremain available without fiscal year limitation. The Secretary of the \nTreasury shall purchase any obligations of the Commission to be issued \nunder this subsection, and for such purpose the Secretary of the \nTreasury may use as a public debt transaction of the United States the \nproceeds from the sale of any securities issued under chapter 31 of \ntitle 31. The purposes for which securities may be issued under such \nchapter are extended to include any purchase of the Commission's \nobligations under this subsection.\n    ``(4) Repayment of the interest and principal on any funds borrowed \nby the Commission under paragraph (1) shall be made from amounts in the \nmemorial fund. The Commission may not use for such purpose any funds \nappropriated for any other activities of the Commission.\n    ``(f) Treatment of Borrowing Authority.--In determining whether the \nCommission has sufficient funds to complete construction of the World \nWar II memorial, as required by section 8 of the Commemorative Works \nAct (40 U.S.C. 1008), the Secretary of the Interior shall consider the \nfunds that the Commission may borrow from the Treasury under subsection \n(e) as funds available to complete construction of the memorial, \nwhether or not the Commission has actually exercised the authority to \nborrow such funds.\n    ``(g) Voluntary Services.--(1) Notwithstanding section 1342 of \ntitle 31, the Commission may accept from any person voluntary services \nto be provided in furtherance of the fund-raising activities of the \nCommission relating to the World War II memorial.\n    ``(2) A person providing voluntary services under this subsection \nshall be considered to be a Federal employee for purposes of chapter 81 \nof title 5, relating to compensation for work-related injuries, and \nchapter 171 of title 28, relating to tort claims. A volunteer who is \nnot otherwise employed by the Federal Government shall not be \nconsidered to be a Federal employee for any other purpose by reason of \nthe provision of such voluntary service, except that any volunteers \ngiven responsibility for the handling of funds or the carrying out of a \nFederal function are subject to the conflict of interest laws contained \nin chapter 11 of title 18, and the administrative standards of conduct \ncontained in part 2635 of title 5, Code of Federal Regulations.\n    ``(3) The Commission may provide for reimbursement of incidental \nexpenses which are incurred by a person providing voluntary services \nunder this subsection. The Commission shall determine which expenses \nare eligible for reimbursement under this paragraph.\n    ``(4) Nothing in this subsection shall be construed to require \nFederal employees to work without compensation or to allow the use of \nvolunteer services to displace or replace Federal employees.\n    ``(h) Treatment of Certain Contracts.--A contract entered into by \nthe Commission for the design or construction of the World War II \nmemorial is not funding agreement as that term is defined in section \n201 of title 35.\n    ``(i) Extension of Authority to Establish Memorial.--\nNotwithstanding section 10 of the Commemorative Works Act (40 U.S.C. \n1010), the legislative authorization for the construction of the World \nWar II memorial contained in Public Law 103-32 (107 Stat. 90) shall not \nexpire until December 31, 2005.''.\n    (2) The table of sections at the beginning of such chapter is \namended by adding at the end the following new item:\n\n``2113. World War II memorial in the District of Columbia.''.\n    (b) Conforming Amendments.--Public Law 103-32 (107 Stat. 90) is \namended by striking sections 3, 4, and 5.\n    (c) Effect of Repeal of Current Memorial Fund.--Upon the enactment \nof this Act, the Secretary of the Treasury shall transfer amounts in \nthe fund created by section 4(a) of Public Law 103-32 (107 Stat. 91) to \nthe fund created by section 2113 of title 36, United States Code, as \nadded by subsection (a).\n\nSEC. 3. GENERAL AUTHORITY OF AMERICAN BATTLE MONUMENTS COMMISSION TO \n              SOLICIT AND RECEIVE CONTRIBUTIONS.\n\n    Subsection (e) of section 2103 of title 36, United States Code, is \namended to read as follows:\n    ``(e) Solicitation and Receipt of Contributions.--(1) The \nCommission may solicit and receive funds and in-kind donations and \ngifts from any State, municipal, or private source to carry out the \npurposes of this chapter. The Commission shall deposit such funds in a \nseparate account in the Treasury. Funds from this account shall be \ndisbursed upon vouchers approved by the Chairman of the Commission as \nwell as by a Federal official authorized to sign payment vouchers.\n    ``(2) The Commission shall establish written guidelines setting \nforth the criteria to be used in determining whether the acceptance of \nfunds and in-kind donations and gifts under paragraph (1) would--\n            ``(A) reflect unfavorably on the ability of the Commission, \n        or any employee of the Commission, to carry out the \n        responsibilities or official duties of the Commission in a fair \n        and objective manner; or\n            ``(B) compromise the integrity or the appearance of the \n        integrity of the programs of the Commission or any official \n        involved in those programs.''.\n\nSEC. 4. INTELLECTUAL PROPERTY AND RELATED ITEMS.\n\n    Section 2103 of title 36, United States Code, is amended by adding \nat the end the following new subsection:\n    ``(l) Intellectual Property and Related Items.--(1) The Commission \nmay--\n            ``(A) adopt, use, register, and license trademarks, service \n        marks, and other marks;\n            ``(B) obtain, use, register, and license the use of \n        copyrights consistent with section 105 of title 17;\n            ``(C) obtain, use, and license patents; and\n            ``(D) accept gifts of marks, copyrights, patents and \n        licenses for use by the Commission.\n    ``(2) The Commission may grant exclusive and nonexclusive licenses \nin connection with any mark, copyright, patent, or license for the use \nof such mark, copyright or patent, except to extent the grant of such \nlicense by the Commission would be contrary to any contract or license \nby which the use of such mark, copyright or patent was obtained.\n    ``(3) The Commission may enforce any mark, copyright, or patent by \nan action in the district courts under any law providing for the \nprotection of such marks, copyrights, or patents.\n    ``(4) The Attorney General shall furnish the Commission with such \nlegal representation as the Commission may require under paragraph (3). \nThe Secretary of Defense shall provide representation for the \nCommission in administrative proceedings before the Patent and \nTrademark Office and Copyright Office.\n    ``(5) Section 203 of title 17 shall not apply to any copyright \ntransferred in any manner to the Commission.''.","title":""}
+{"_id":"c457","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux \nTribe Equitable Compensation Act''.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n    (a) Findings.--Congress finds that--\n            (1) by enacting the Act of December 22, 1944, commonly \n        known as the ``Flood Control Act of 1944'' (58 Stat. 887, \n        chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the \n        Pick-Sloan Missouri River Basin program (referred to in this \n        section as the ``Pick-Sloan program'')--\n                    (A) to promote the general economic development of \n                the United States;\n                    (B) to provide for irrigation above Sioux City, \n                Iowa;\n                    (C) to protect urban and rural areas from \n                devastating floods of the Missouri River; and\n                    (D) for other purposes;\n            (2) the waters impounded for the Fort Randall and Gavins \n        Point projects of the Pick-Sloan program have inundated the \n        fertile, wooded bottom lands along the Missouri River that \n        constituted the most productive agricultural and pastoral lands \n        of, and the homeland of, the members of the Yankton Sioux Tribe \n        and the Santee Sioux Tribe;\n            (3) the Fort Randall project (including the Fort Randall \n        Dam and Reservoir) overlies the western boundary of the Yankton \n        Sioux Tribe Indian Reservation;\n            (4) the Gavins Point project (including the Gavins Point \n        Dam and Reservoir) overlies the eastern boundary of the Santee \n        Sioux Tribe;\n            (5) although the Fort Randall and Gavins Point projects are \n        major components of the Pick-Sloan program, and contribute to \n        the economy of the United States by generating a substantial \n        amount of hydropower and impounding a substantial quantity of \n        water, the reservations of the Yankton Sioux Tribe and the \n        Santee Sioux Tribe remain undeveloped;\n            (6) the United States Army Corps of Engineers took the \n        Indian lands used for the Fort Randall and Gavins Point \n        projects by condemnation proceedings;\n            (7) the Federal Government did not give the Yankton Sioux \n        Tribe and the Santee Sioux Tribe an opportunity to receive \n        compensation for direct damages from the Pick-Sloan program, \n        even though the Federal Government gave 5 Indian reservations \n        upstream from the reservations of those Indian tribes such an \n        opportunity;\n            (8) the Yankton Sioux Tribe and the Santee Sioux Tribe did \n        not receive just compensation for the taking of productive \n        agricultural Indian lands through the condemnation referred to \n        in paragraph (6);\n            (9) the settlement agreement that the United States entered \n        into with the Yankton Sioux Tribe and the Santee Sioux Tribe to \n        provide compensation for the taking by condemnation referred to \n        in paragraph (6) did not take into account the increase in \n        property values over the years between the date of taking and \n        the date of settlement; and\n            (10) in addition to the financial compensation provided \n        under the settlement agreements referred to in paragraph (9)--\n                    (A) the Yankton Sioux Tribe should receive an \n                aggregate amount equal to $23,023,743 for the loss \n                value of 2,851.40 acres of Indian land taken for the \n                Fort Randall Dam and Reservoir of the Pick-Sloan \n                program; and\n                    (B) the Santee Sioux Tribe should receive an \n                aggregate amount equal to $4,789,010 for the loss value \n                of 593.10 acres of Indian land located near the Santee \n                village.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Indian tribe.--The term ``Indian tribe'' has the \n        meaning given that term in section 4(e) of the Indian Self-\n        Determination and Education Assistance Act (25 U.S.C. 450b(e)).\n            (2) Santee sioux tribe.--The term ``Santee Sioux Tribe'' \n        means the Santee Sioux Tribe of Nebraska.\n            (3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe'' \n        means the Yankton Sioux Tribe of South Dakota.\n\nSEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.\n\n    (a) Establishment.--There is established in the Treasury of the \nUnited States a fund to be known as the ``Yankton Sioux Tribe \nDevelopment Trust Fund'' (referred to in this section as the ``Fund''). \nThe Fund shall consist of any amounts deposited in the Fund under this \nAct.\n    (b) Funding.--On the first day of the 11th fiscal year that begins \nafter the date of enactment of this Act, the Secretary of the Treasury \nshall, from the General Fund of the Treasury, deposit into the Fund \nestablished under subsection (a)--\n            (1) $23,023,743; and\n            (2) an additional amount that equals the amount of interest \n        that would have accrued on the amount described in paragraph \n        (1) if such amount had been invested in interest-bearing \n        obligations of the United States, or in obligations guaranteed \n        as to both principal and interest by the United States, on the \n        first day of the first fiscal year that begins after the date \nof enactment of this Act and compounded annually thereafter.\n    (c) Investment of Trust Fund.--It shall be the duty of the \nSecretary of the Treasury to invest such portion of the Fund as is not, \nin the Secretary of Treasury's judgment, required to meet current \nwithdrawals. Such investments may be made only in interest-bearing \nobligations of the United States or in obligations guaranteed as to \nboth principal and interest by the United States. The Secretary of the \nTreasury shall deposit interest resulting from such investments into \nthe Fund.\n    (d) Payment of Interest to Tribe.--\n            (1) Withdrawal of interest.--Beginning on the first day of \n        the 11th fiscal year after the date of enactment of this Act \n        and, on the first day of each fiscal year thereafter, the \n        Secretary of the Treasury shall withdraw the aggregate amount \n        of interest deposited into the Fund for that fiscal year and \n        transfer that amount to the Secretary of the Interior for use \n        in accordance with paragraph (2). Each amount so transferred \n        shall be available without fiscal year limitation.\n            (2) Payments to yankton sioux tribe.--\n                    (A) In general.--The Secretary of the Interior \n                shall use the amounts transferred under paragraph (1) \n                only for the purpose of making payments to the Yankton \n                Sioux Tribe, as such payments are requested by that \n                Indian tribe pursuant to tribal resolution.\n                    (B) Limitation.--Payments may be made by the \n                Secretary of the Interior under subparagraph (A) only \n                after the Yankton Sioux Tribe has adopted a tribal plan \n                under section 6.\n                    (C) Use of payments by yankton sioux tribe.--The \n                Yankton Sioux Tribe shall use the payments made under \n                subparagraph (A) only for carrying out projects and \n                programs under the tribal plan prepared under section \n                6.\n    (e) Transfers and Withdrawals.--Except as provided in subsections \n(c) and (d)(1), the Secretary of the Treasury may not transfer or \nwithdraw any amount deposited under subsection (b).\n\nSEC. 5. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND.\n\n    (a) Establishment.--There is established in the Treasury of the \nUnited States a fund to be known as the ``Santee Sioux Tribe \nDevelopment Trust Fund'' (referred to in this section as the ``Fund''). \nThe Fund shall consist of any amounts deposited in the Fund under this \nAct.\n    (b) Funding.--On the first day of the 11th fiscal year that begins \nafter the date of enactment of this Act, the Secretary of the Treasury \nshall, from the General Fund of the Treasury, deposit into the Fund \nestablished under subsection (a)--\n            (1) $4,789,010; and\n            (2) an additional amount that equals the amount of interest \n        that would have accrued on the amount described in paragraph \n        (1) if such amount had been invested in interest-bearing \n        obligations of the United States, or in obligations guaranteed \n        as to both principal and interest by the United States, on the \n        first day of the first fiscal year that begins after the date \nof enactment of this Act and compounded annually thereafter.\n    (c) Investment of Trust Fund.--It shall be the duty of the \nSecretary of the Treasury to invest such portion of the Fund as is not, \nin the Secretary of Treasury's judgment, required to meet current \nwithdrawals. Such investments may be made only in interest-bearing \nobligations of the United States or in obligations guaranteed as to \nboth principal and interest by the United States. The Secretary of the \nTreasury shall deposit interest resulting from such investments into \nthe Fund.\n    (d) Payment of Interest to Tribe.--\n            (1) Withdrawal of interest.--Beginning on the first day of \n        the 11th fiscal year after the date of enactment of this Act \n        and, on the first day of each fiscal year thereafter, the \n        Secretary of the Treasury shall withdraw the aggregate amount \n        of interest deposited into the Fund for that fiscal year and \n        transfer that amount to the Secretary of the Interior for use \n        in accordance with paragraph (2). Each amount so transferred \n        shall be available without fiscal year limitation.\n            (2) Payments to santee sioux tribe.--\n                    (A) In general.--The Secretary of the Interior \n                shall use the amounts transferred under paragraph (1) \n                only for the purpose of making payments to the Santee \n                Sioux Tribe, as such payments are requested by that \n                Indian tribe pursuant to tribal resolution.\n                    (B) Limitation.--Payments may be made by the \n                Secretary of the Interior under subparagraph (A) only \n                after the Santee Sioux Tribe has adopted a tribal plan \n                under section 6.\n                    (C) Use of payments by santee sioux tribe.--The \n                Santee Sioux Tribe shall use the payments made under \n                subparagraph (A) only for carrying out projects and \n                programs under the tribal plan prepared under section \n                6.\n    (e) Transfers and Withdrawals.--Except as provided in subsections \n(c) and (d)(1), the Secretary of the Treasury may not transfer or \nwithdraw any amount deposited under subsection (b).\n\nSEC. 6. TRIBAL PLANS.\n\n    (a) In General.--Not later than 24 months after the date of \nenactment of this Act, the tribal council of each of the Yankton Sioux \nand Santee Sioux Tribes shall prepare a plan for the use of the \npayments to the tribe under section 4(d) or 5(d) (referred to in this \nsubsection as a ``tribal plan'').\n    (b) Contents of Tribal Plan.--Each tribal plan shall provide for \nthe manner in which the tribe covered under the tribal plan shall \nexpend payments to the tribe under section 4(d) or 5(d) to promote--\n            (1) economic development;\n            (2) infrastructure development;\n            (3) the educational, health, recreational, and social \n        welfare objectives of the tribe and its members; or\n            (4) any combination of the activities described in \n        paragraphs (1), (2), and (3).\n    (c) Tribal Plan Review and Revision.--\n            (1) In general.--Each tribal council referred to in \n        subsection (a) shall make available for review and comment by \n        the members of the tribe a copy of the tribal plan for the \n        Indian tribe before the tribal plan becomes final, in \n        accordance with procedures established by the tribal council.\n            (2) Updating of tribal plan.--Each tribal council referred \n        to in subsection (a) may, on an annual basis, revise the tribal \n        plan prepared by that tribal council to update the tribal plan. \n        In revising the tribal plan under this paragraph, the tribal \n        council shall provide the members of the tribe opportunity to \n        review and comment on any proposed revision to the tribal plan.\n            (3) Consultation.--In preparing the tribal plan and any \n        revisions to update the plan, each tribal council shall consult \n        with the Secretary of the Interior and the Secretary of Health \n        and Human Services.\n            (4) Audit.--\n                    (A) In general.--The activities of the tribes in \n                carrying out the tribal plans shall be audited as part \n                of the annual single-agency audit that the tribes are \n                required to prepare pursuant to the Office of \n                Management and Budget circular numbered A-133.\n                    (B) Determination by auditors.--The auditors that \n                conduct the audit described in subparagraph (A) shall--\n                            (i) determine whether funds received by \n                        each tribe under this section for the period \n                        covered by the audits were expended to carry \n                        out the respective tribal plans in a manner \n                        consistent with this section; and\n                            (ii) include in the written findings of the \n                        audits the determinations made under clause \n                        (i).\n                    (C) Inclusion of findings with publication of \n                proceedings of tribal council.--A copy of the written \n                findings of the audits described in subparagraph (A) \n                shall be inserted in the published minutes of each \n                tribal council's proceedings for the session at which \n                the audit is presented to the tribal councils.\n    (d) Prohibition on Per Capita Payments.--No portion of any payment \nmade under this Act may be distributed to any member of the Yankton \nSioux Tribe or the Santee Sioux Tribe of Nebraska on a per capita \nbasis.\n\nSEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.\n\n    (a) In General.--No payment made to the Yankton Sioux Tribe or \nSantee Sioux Tribe pursuant to this Act shall result in the reduction \nor denial of any service or program to which, pursuant to Federal law--\n            (1) the Yankton Sioux Tribe or Santee Sioux Tribe is \n        otherwise entitled because of the status of the tribe as a \n        federally recognized Indian tribe; or\n            (2) any individual who is a member of a tribe under \n        paragraph (1) is entitled because of the status of the \n        individual as a member of the tribe.\n    (b) Exemptions From Taxation.--No payment made pursuant to this Act \nshall be subject to any Federal or State income tax.\n    (c) Power Rates.--No payment made pursuant to this Act shall affect \nPick-Sloan Missouri River Basin power rates.\n\nSEC. 8. STATUTORY CONSTRUCTION.\n\n    Nothing in this Act may be construed as diminishing or affecting \nany water right of an Indian tribe, except as specifically provided in \nanother provision of this Act, any treaty right that is in effect on \nthe date of enactment of this Act, or any authority of the Secretary of \nthe Interior or the head of any other Federal agency under a law in \neffect on the date of enactment of this Act.\n\nSEC. 9. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated such sums as are necessary \nto carry out this Act, including such sums as may be necessary for the \nadministration of the Yankton Sioux Tribe Development Trust Fund under \nsection 4 and the Santee Sioux Tribe Development Trust Fund under \nsection 5.\n\nSEC. 10. EXTINGUISHMENT OF CLAIMS.\n\n    Upon the deposit of funds under sections 4(b) and 5(b), all \nmonetary claims that the Yankton Sioux Tribe or the Santee Sioux Tribe \nof Nebraska has or may have against the United States for loss of value \nor use of land related to lands described in section 2(a)(10) resulting \nfrom the Fort Randall and Gavins Point projects of the Pick-Sloan \nMissouri River Basin program shall be extinguished.\n\n            Passed the Senate July 24, 2002.\n\n            Attest:\n\n                                                  JERI THOMSON,\n\n                                                             Secretary.","title":""}
+{"_id":"c458","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be referred to as the ``Land Management Agency Housing \nImprovement Act of 1994''.\n\nSEC. 2. DEFINITIONS.\n\n    As used in this Act, the term--\n            (1) ``public lands'' means Federal lands administered by \n        the Secretary of the Interior or the Secretary of Agriculture; \n        and\n            (2) ``Secretaries'' means the Secretary of the Interior and \n        the Secretary of Agriculture.\n\nSEC. 3. EMPLOYEE HOUSING.\n\n    (a)(1) To promote the recruitment and retention of qualified \npersonnel necessary for the effective management of public lands, the \nSecretaries are authorized to--\n            (A) make employee housing available, subject to the \n        limitations set forth in paragraph (2), on or off public lands, \n        and\n            (B) rent or lease such housing to employees of the \n        respective Department at a reasonable value.\n    (2)(A) Housing made available on public lands shall be limited to \nthose areas designated for administrative use.\n    (B) No private lands or interests therein outside of the boundaries \nof federally administered areas may be acquired for the purposes of \nthis Act except with the consent of the owner thereof.\n    (b) The Secretaries shall provide such housing in accordance with \nthis Act and section 5911 of title 5, United States Code, except that \nfor the purposes of this Act, the term--\n            (1) ``availability of quarters'' (as used in this Act and \n        subsection (b) of section 5911) means the existence, within \n        thirty miles of the employee's duty station, of well-\n        constructed and maintained housing suitable to the individual \n        and family needs of the employee, for which the rental rate as \n        a percentage of the employee's annual gross income does not \n        exceed the most recent Census Bureau American Housing Survey \n        median monthly housing cost for renters inclusive of utilities, \n        as a percentage of current income, whether paid as part of rent \n        or paid directly to a third party;\n            (2) ``contract'' (as used in this Act and subsection (b) of \n        section 5911) includes, but is not limited to, ``Build-to-\n        Lease'', ``Rental Guarantee'', ``Joint Development'' or other \n        lease agreements entered into by the Secretary, on or off \n        public lands, for the purposes of sub-leasing to Departmental \n        employees; and\n            (3) ``reasonable value'' (as used in this Act and \n        subsection (c) of section 5911) means the base rental rate \n        comparable to private rental rates for comparable housing \n        facilities and associated amenities: Provided, That the base \n        rental rate as a percentage of the employee's annual gross \n        income shall not exceed the most recent American Housing Survey \n        median monthly housing cost for renters inclusive of utilities, \n        as a percentage of current income, whether paid as part of rent \n        or paid directly to a third party.\n    (c) Subject to appropriation, the Secretaries may enter into \ncontracts and agreements with public and private entities to provide \nemployee housing on or off public lands.\n    (d) The Secretaries may enter into cooperative agreements or joint \nventures with local governmental and private entities, either on or off \npublic lands, to provide appropriate and necessary utility and other \ninfrastructure facilities in support of employee housing facilities \nprovided under this Act.\n\nSEC. 4. SURVEY OF RENTAL QUARTERS.\n\n    The Secretaries shall conduct a survey of the availability of \nquarters at field units under each Secretary's jurisdiction at least \nevery five years. If such survey indicates that government owned or \nsuitable privately owned quarters are not available as defined in \nsection 3(b)(1) of this Act for the personnel assigned to a specific \nduty station, the Secretaries are authorized to provide suitable \nquarters in accordance with the provisions of this Act. For the \npurposes of this section, the term ``suitable quarters'' means well-\nconstructed, maintained housing suitable to the individual and family \nneeds of the employee.\n\nSEC. 5. SECONDARY QUARTERS.\n\n    (a) The Secretaries may determine that secondary quarters for \nemployees who are permanently duty stationed at remote locations and \nare regularly required to relocate for temporary periods are necessary \nfor the effective administration of an area under the jurisdiction of \nthe respective agency. Such secondary quarters are authorized to be \nmade available to employees, either on or off public lands, in \naccordance with the provisions of this Act.\n    (b) Rental rates for such secondary facilities shall be established \nso that the aggregate rental rate paid by an employee for both primary \nand secondary quarters as a percentage of the employee's annual gross \nincome shall not exceed the Census Bureau American Housing Survey \nmedian monthly housing cost for renters inclusive of utilities as a \npercentage of current income, whether paid as part of rent or paid \ndirectly to a third party.\n\nSEC. 6. SURVEY OF EXISTING FACILITIES.\n\n    (a) Within two years after the date of enactment of this Act, the \nSecretaries shall survey all existing government owned employee housing \nfacilities under the jurisdiction of the Department of the Interior and \nthe Department of Agriculture, to assess the physical condition of such \nhousing and the suitability of such housing for the effective \nprosecution of the agency mission. The Secretaries shall develop an \nagency-wide priority listing, by structure, identifying those units in \ngreatest need of repair, rehabilitation, replacement or initial \nconstruction, as appropriate. The survey and priority listing study \nshall be transmitted to the Committees on Appropriations and Energy and \nNatural Resources of the United States Senate and the Committees on \nAppropriations and Natural Resources of the United States House of \nRepresentatives.\n    (b) Unless otherwise provided by law, expenditure of any funds \nappropriated for construction, repair or rehabilitation shall follow, \nin sequential order, the priority listing established by each agency. \nFunding available from other sources for employee housing repair may be \ndistributed as determined by the Secretaries.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act.\n\n            Passed the Senate June 16 (legislative day, June 7), 1994.\n\n            Attest:\n\n                                                MARTHA S. POPE,\n\n                                                             Secretary.","title":""}
+{"_id":"c459","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be referred to as the ``Satellite Home Viewer \nProtection Act of 1996''.\n\nSEC. 2. NOTICE TO SUBSCRIBERS.\n\n    Section 119(a)(2) is amended by adding the following at the end:\n                    ``(D) Notice to subscribers.--A satellite carrier \n                that makes secondary transmissions of a primary \n                transmission made by a network station pursuant to \n                subparagraph (A) shall, prior to providing service of \n                broadcast signals under this title to a subscriber, \n                provide the subscriber with a written statement \n                describing and quoting the network territorial \n                restrictions of subsections (a) (2), (5), (8), (9), and \n                (10) of this section. Such statement shall describe the \n                circumstances under which a subscriber may not be \n                eligible for satellite service of a particular network \n                station, and a subscriber's rights under subsection \n                (a)(8) of this section. With respect to subscribers \n                currently receiving broadcast signals under this title, \n                the satellite carrier shall provide the written \n                statement described in this subsection to such \n                subscribers no later than 60 days after the enactment \n                of this Act.''.\n\nSEC. 3. SIGNAL INTENSITY MEASUREMENT PROCEDURES.\n\n    Section 119(a)(8) is amended as follows:\n            (1) Subparagraph (A) is amended to read:\n                    ``(A) In general.--Subject to subparagraph (C), \n                upon a challenge by a network station regarding whether \n                a subscriber is an unserved household within the \n                predicted grade B contour of the station, the satellite \n                carrier shall, within 30 days after receipt of the \n                challenge--\n                            ``(i) inform the subscriber who is the \n                        subject of the challenge from the network \n                        station in writing that the network station has \n                        challenged the subscriber's receipt of the \n                        signal of the same network from the satellite \n                        carrier; and\n                            ``(ii) offer the subscriber the option of \n                        the satellite carrier conducting a measurement \n                        of the signal intensity of the subscriber's \n                        household to determine whether the household is \n                        an unserved household. If the subscriber does \n                        not request, in writing, the satellite carrier \n                        to conduct a signal intensity measurement \n                        within 30 days of notification of the challenge \n                        from the satellite carrier, the satellite \n                        carrier shall terminate service to that \n                        household of the signal that is the subject of \n                        the challenge, and within 30 days thereafter \n                        notify the network station that made the \n                        challenge that service to that household has \n                        been terminated.\n                If the subscriber requests the satellite carrier to \n                conduct a signal intensity measurement as described in \n                clause (ii), the satellite carrier shall give \n                reasonable notice to the network station issuing the \n                challenge to the subscriber that the satellite carrier \n                will be conducting a signal intensity measurement.''.\n            (2) Subparagraph (B) is amended to read:\n                    ``(B) Effect of measurement; costs.--If the \n                satellite carrier conducts a signal intensity \n                measurement under subparagraph (A) and the measurement \n                indicates that--\n                            ``(i) the household is not an unserved \n                        household, the satellite carrier shall, within \n                        60 days after the measurement is conducted, \n                        terminate the service to that household of the \n                        signal that is the subject of the challenge, \n                        and within 30 days thereafter notify the \n                        network station that made the challenge that \n                        service to that household has been terminated. \n                        In addition, the subscriber that requested the \n                        satellite carrier to conduct the measurement \n                        shall reimburse the satellite carrier for the \n                        costs of the measurement within 60 days after \n                        receipt of the measurement results and a \n                        statement of costs of the measurement; or\n                            ``(ii) the household is an unserved \n                        household, the station challenging the service \n                        shall reimburse the satellite carrier for the \n                        costs of the signal measurement within 60 days \n                        after receipt of the measurement results and a \n                        statement of the costs of the measurement.\n            (3) Subparagraph (D) is deleted.\n\nSEC. 4. SIGNAL INTENSITY MEASUREMENT; ARBITRATION.\n\n    Section 119(a)(11) is amended as follows:\n            ``(11) Signal intensity measurement; arbitration.--\n                    ``(A) Voluntary negotiation.--Satellite carriers \n                and network broadcasters may negotiate the terms and \n                conditions, including technical standards and costs, of \n                the signal intensity measurement described in \n                subsection (a)(8). A complete description of the agreed \n                upon terms of the measurement shall be filed with the \n                Register of Copyrights no later than 30 days after \n                execution of the agreement.\n                    ``(B) Arbitration.--If satellite carriers and \n                network broadcasters are unable to agree to the terms \n                and conditions of the signal intensity measurement \n                within 30 days after the enactment of this Act, they \n                shall submit the matter to binding arbitration. Such \n                arbitration shall be governed by the provisions of \n                title 9 of the United States Code, and shall be \n                completed and a decision rendered no later than 90 days \n                after the enactment of this Act. The parties shall give \n                notice to the Register of Copyrights of any \n                determination reached by arbitration no later than 30 \n                days after issuance of the determination. Such \n                determination shall be dispositive.\n\nSEC. 5. EFFECTIVE DATE.\n\n    (a) In General.--Except as provided in subsection (b), this Act and \nthe amendments made by this Act take effect on the date of enactment of \nthis Act.\n    (b) Transitional Signal Intensity Measurement Procedures.--The \nprovisions of section 119(a)(8), relating to the transitional signal \nintensity measurements, shall cease to be effective on December 31, \n1997.","title":""}
+{"_id":"c46","text":"SECTION 1. PILOT PROGRAM FOR PARTNERSHIP AGREEMENTS TO CONSTRUCT NEW \n              FACILITIES FOR THE DEPARTMENT OF VETERANS AFFAIRS.\n\n    (a) Program Authorized.--\n            (1) In general.--The Secretary of Veterans Affairs may \n        carry out a program under which the Secretary may enter into \n        not more than five partnership agreements with entities \n        described in paragraph (2) to conduct one or more--\n                    (A) super construction projects (as defined in \n                section 8103(e)(3) of title 38, United States Code);\n                    (B) major medical facility projects (as defined in \n                section 8104(a)(3) of title 38, United States Code); or\n                    (C) major construction projects to construct new \n                cemeteries or to develop additional gravesites or \n                columbarium niches at existing cemeteries.\n            (2) Entities described.--Entities described in this \n        paragraph are the following:\n                    (A) A State or local authority.\n                    (B) An organization that is described in section \n                501(c)(3) of the Internal Revenue Code of 1986 and is \n                exempt from taxation under section 501(a) of such Code.\n                    (C) A limited liability corporation.\n                    (D) A private entity.\n                    (E) A donor or donor group.\n                    (F) Any other non-Federal Government entity.\n    (b) Application of Certain Laws.--The authority under this section \nmay be carried out notwithstanding any other provision of law \n(including section 8103(e) of title 38, United States Code), except \nfor--\n            (1) Federal laws relating to environmental and historic \n        preservation; and\n            (2) subchapter IV of chapter 31 of title 40, United States \n        Code (commonly referred to as the ``Davis-Bacon Act'').\n    (c) Selection of Projects.--\n            (1) In general.--Except as provided in paragraph (2), the \n        projects that the Secretary may select for the program are \n        projects for which--\n                    (A)(i) Congress has appropriated partial funding \n                for the project; or\n                    (ii) The Department of Veterans Affairs has \n                identified a need for the project through its long-\n                range capital planning process by listing the project \n                on the Major Construction Strategic Capital Investment \n                Planning priority list included in the budget submitted \n                to Congress by the President pursuant to section \n                1105(a) of title 31, United States Code; and\n                    (B) an entity described in subsection (a)(2) has \n                entered into or is willing to enter into a formal \n                agreement with the Secretary to independently finance \n                or donate amounts for the project, in an amount \n                acceptable and at no additional cost to the Federal \n                Government.\n            (2) Selected construction project.--\n                    (A) In general.--One of the five partnership \n                agreements that the Secretary is authorized to enter \n                into under subsection (a) is a partnership agreement to \n                conduct a project to design, finance, and construct a \n                new ambulatory care center in Omaha, Nebraska.\n                    (B) Space and parking.--The project described in \n                subparagraph (A) shall include space and parking as \n                determined necessary by the Secretary.\n                    (C) Contribution of funds.--The Secretary may \n                contribute funds for the project described in \n                subparagraph (A) in an amount not to exceed \n                $56,000,000, and in no event shall the contribution or \n                liability of the Secretary exceed such amount except to \n                the extent that additional funds are appropriated for \n                the project.\n    (d) Requirements of Entities.--\n            (1) Agreements.--Each partnership agreement entered into \n        under subsection (a) with an entity described in paragraph (2) \n        of that subsection for the conduct of a project under this \n        section shall provide for the following:\n                    (A) The entity shall conduct any necessary \n                environmental and historic preservation due diligence, \n                comply with local zoning requirements (except for \n                studies and consultations required of the Department \n                under Federal law), and obtain any permits required \n                before beginning construction in connection with the \n                project.\n                    (B) The entity shall use construction standards \n                required of the Department when designing and building \n                the project, except to the extent the Secretary \n                determines otherwise.\n                    (C) The entity shall establish a Board of Directors \n                described in paragraph (2) to oversee the conduct of \n                the project (in this section referred to as the \n                ``Board'').\n            (2) Board of directors.--\n                    (A) Composition.--\n                            (i) In general.--The Board shall be \n                        comprised of not fewer than 5 and not more than \n                        10 members as follows:\n                                    (I) Not fewer than one member shall \n                                be a veteran who is not an employee of \n                                the Department.\n                                    (II) Not fewer than one member \n                                shall be an employee of the Department \n                                and function as a nonvoting member of \n                                the Board.\n                            (ii) Chair.--The Board shall designate a \n                        Chair from among the members of the Board to \n                        oversee the activities of the Board.\n                            (iii) Conflicts.--All current or proposed \n                        members of the Board shall promptly disclose \n                        any actual or potential conflicts to the \n                        Secretary and must agree as a condition of \n                        their appointment to the Board to remove \n                        themselves from membership on the Board if the \n                        Chair and Secretary jointly agree that doing so \n                        is appropriate due to an actual or potential \n                        conflict.\n                    (B) Charter.--Not later than 180 days after \n                inception, or such other timeframe as the Secretary may \n                approve, the Board shall establish a written charter to \n                describe the roles, responsibilities, policies, and \n                procedures of operation of the Board to ensure \n                successful project management, design, and \n                construction, and completion of the designated project.\n                    (C) Duties.--\n                            (i) In general.--The Board shall be \n                        responsible for overseeing the activities \n                        needed to finance, design, and construct the \n                        designated project for the Department.\n                            (ii) Updates.--The Board shall submit to \n                        the Secretary written updates regarding the \n                        status of the designated project at such time \n                        and in such manner as the Secretary shall \n                        specify.\n                    (D) Defense to department.--The Board shall defer \n                to the Secretary on all matters that are inherent to \n                the mission and operations of the Department, including \n                conditional or final acceptance of the designated \n                project.\n                    (E) Dissolution.--The Board may not dissolve until \n                after the Secretary has provided final acceptance of \n                the completion of the designated project to the Board, \n                plus such additional time or contingencies as the Board \n                and the Secretary may jointly approve.\n    (e) Project Funds.--\n            (1) From department.--\n                    (A) In general.--Except as provided in subsection \n                (c)(2), and except to the extent that additional funds \n                are appropriated for a project, the Secretary may \n                provide funds to help finance, design, and construct \n                the project in an amount not to exceed the total amount \n                appropriated for the project at the time of the \n                partnership agreement under subsection (a) between the \n                Department and the entity described in subsection \n                (a)(2) that is conducting the project.\n                    (B) Terms and conditions.--The Secretary shall \n                provide funds pursuant to subparagraph (A) under such \n                terms, conditions, and schedule as the Secretary \n                determines appropriate.\n            (2) From entity.--The entity described in subsection (a)(2) \n        that is conducting the project shall be required to contribute \n        all funds in addition to the funds provided under paragraph (1) \n        that are needed to complete the project.\n    (f) Application.--To be eligible to participate in the program \nunder this section, entities described in subsection (a)(2) shall \nsubmit to the Secretary an application to address needs relating to \nfacilities of the Department, including health care needs, identified \nin the Construction and Long-Range Capital Plan of the Department, at \nsuch time, in such manner, and containing such information as the \nSecretary may require, including the following:\n            (1) The name, resume, and description of the experience of \n        the project manager for each project that the entity is \n        proposing to pursue with the Secretary under the program.\n            (2) A description of the proposed monetary and non-monetary \n        contributions of the entity for the project, and how future \n        funding will be secured.\n            (3) A description of the process the entity would use to \n        select a third-party contractor or developer, as applicable, to \n        perform the work necessary to complete the project.\n            (4) A description of the Board and project management plan \n        that the entity will use, to ensure concise and consistent \n        communication between all parties involved in the project.\n            (5) A description of the procedures that the entity will \n        use to review, monitor, and process change orders when \n        received, including how input and feedback by the Department \n        will be incorporated, particularly for issues that would affect \n        the time or cost of the project.\n            (6) A detailed estimate of the costs to complete the \n        project.\n            (7) A description of the estimated timeline for completion \n        of the project and milestones associated with the activities \n        needed to finance, design, and construct the project.\n            (8) An agreement to obtain an independent annual financial \n        audit of all activities and costs relating to the project in \n        accordance with generally accepted accounting principles.\n            (9) Such other information as the Secretary may require.\n    (g) Annual Report on Projects.--\n            (1) In general.--The Secretary shall include in the budget \n        submitted to Congress by the President pursuant to section \n        1105(a) of title 31, United States Code, information regarding \n        any projects conducted under this section during the year \n        preceding the submittal of the budget.\n            (2) Elements.--Each report submitted under paragraph (1) \n        shall provide a detailed status of projects conducted under \n        this section, including the percentage completion of the \n        project.\n    (h) Comptroller General Report.--The Comptroller General of the \nUnited States shall submit to Congress a biennial report on the \npartnership agreements entered into under the program under this \nsection.\n    (i) Rule of Construction.--Nothing in this section shall be \nconstrued as a limitation on the authority of the Secretary to enter \ninto other agreements that are authorized by law and not inconsistent \nwith this section.","title":""}
+{"_id":"c460","text":"SECTION 1. SHORT TITLE.\n\n    This Act shall be cited as the ``Bring Jobs Back to America: \nStrategic Manufacturing & Job Repatriation Act''.\n\nSEC. 2. DEFINITIONS.\n\n    For purposes of this Act:\n            (1) Repatriation.--The term ``repatriation'' means, with \n        respect to a firm's job or facility, as the act of returning \n        from a location in a foreign country to a location within the \n        United States of America.\n            (2) Comparative advantage.--The term ``comparative \n        advantage'' means, with respect to a country's industrial base, \n        an environment in which a country's private industry may \n        produce a good at a lower opportunity cost than a competitor.\n            (3) Technology-based planning.--The term ``technology-based \n        planning'' means the process by which the Government may \n        promote the acquisition and utilization of technology to excel \n        at satisfying a customer need to generate a national \n        competitive advantage.\n            (4) Technology spatial mapping.--The term ``technology \n        spatial mapping'' means identifying the full set of present and \n        emerging technologies whose dimensions dictate how a technology \n        may be acquired and utilized for a competitive advantage.\n\nSEC. 3. NATIONAL MANUFACTURING & REPATRIATION STRATEGY.\n\n    (a) Requirement.--Not more than 180 days following enactment, the \nU.S. Secretary of Commerce shall create a comprehensive national \nmanufacturing strategy designed to increase overall domestic \nproduction, create private sector jobs, and identify emerging \ntechnologies to strengthen American competitiveness and comparative \nadvantages. The strategy shall also include:\n            (1) An analysis of progress made since the release of the \n        Secretary's 2004 report: ``Manufacturing in America: A \n        Comprehensive Strategy to Address the Challenges to U.S. \n        Manufacturers''.\n            (2) Targets, established by the Secretary, for \n        manufacturing sector growth, including a subset of targets for \n        repatriated jobs to the United States, for fiscal years 2011, \n        2012, 2013, 2014, and 2015.\n            (3) A survey of all existing Federal programs supporting \n        manufacturing and recommendations on how the department or the \n        Congress may better align such programs to support the \n        strategy.\n    (b) Requirement.--Not more than 180 days following enactment, and \nevery second year thereafter, the Secretary shall conduct a survey of \nAmerican firms:\n            (1) The survey shall, at a minimum, identify--\n                    (A) firms which maintain manufacturing, design or \n                support service facilities outside of the United \n                States; and\n                    (B) categories of products manufactured at such \n                facilities and number of jobs located at such overseas \n                facilities.\n            (2) The survey shall provide that any American firms \n        choosing not to complete the survey will be ineligible to \n        receive Federal contracts or assistance.\n            (3) The Secretary shall create and maintain a database \n        based on the information provided in response to the annual \n        survey of American firms.\n            (4) The Secretary shall report to Congress on the results \n        of the annual survey, including longitudinal trends in American \n        manufacturing and the repatriation of jobs.\n    (c) Authorizes such sums as necessary.\n\nSEC. 4. REPATRIATION TASK FORCES.\n\n    (a) Requirement.--The U.S. Secretary of Commerce shall establish \nmultiple ``Repatriation Task Forces'' to promote repatriation in \naccordance with the Secretary's established targets for job \nrepatriation and manufacturing growth. The task forces shall:\n            (1) Proactively and regularly identify American firms \n        interested in repatriating production or services to the United \n        States.\n            (2) Identify the unique needs of the firm necessary to \n        facilitate the repatriation.\n            (3) Identify and assist State governments to facilitate a \n        mutually beneficial repatriation of the firm's facility and\/or \n        jobs to the United States.\n            (4) Work with any other Federal agencies on a case-by-case \n        basis to provide technical assistance to the firm or the State \n        necessary to facilitate the repatriation of the facility and\/or \n        jobs to the United States.\n            (5) Serve as a resource to State governments and act as an \n        impartial advocate for all States choosing to compete for a \n        firm's facility as part of its repatriation.\n            (6) Educate firms and States on the National Manufacturing \n        and Repatriation Strategy, the Repatriation Task Forces, and \n        all Federal assistance available to firms and State and county \n        economic development agencies.\n            (7) Develop a computer-based program to help firms \n        understand the total cost of ownership of locating facilities \n        inside the United States as compared to foreign countries.\n    (b) Members.--Each task force shall be comprised of, at a minimum, \nrepresentatives from the Office of the Secretary of Commerce, the \nEconomic Development Administration, the International Trade \nAdministration, the U.S. Patent and Trademark Office, National \nInstitute of Standards and Technology, and Bureau of Industry and \nSecurity.\n    (c) Authorizes such sums as necessary.\n\nSEC. 5. AMERICAN ECONOMIC SECURITY COMMISSION.\n\n    (a) Establishment.--There is established a commission to be known \nas the ``American Economic Security Commission'' (hereinafter in this \nAct referred to as the ``Commission'').\n    (b) Duties of Commission.--\n            (1) In general.--The Commission shall study and make \n        recommendations on policy relating to American competitiveness, \n        particularly in the manufacturing, information technology, \n        energy, and biotechnology sectors of the global economy, as \n        well as study ``technology-based planning'' policies to bolster \n        American economic competitiveness.\n            (2) Reports.--The Commission shall issue periodic reports \n        on issues surrounding ``technology-based planning'', emerging \n        technologies, and American economic competitiveness, \n        specifically with regard to a new trade agreement and the \n        enforcement of existing trade agreements, taxation, \n        cybersecurity, the U.S. patent system, intellectual property \n        laws and enforcement, vocational training, education, research \n        and development programs, and infrastructure, and produce \n        reports requested by Members of Congress or congressional \n        committees.\n            (3) Requirement.--The Commission shall oversee the \n        development and operation of a computer-based, accurate, \n        precise and detailed ``technology spatial mapping'' program. \n        This tool will be used to catalogue, monitor, and anticipate \n        emerging trends in technology to support the commission's \n        reporting on developing American comparative advantages in a \n        timely manner as new technology develops.\n    (c) Membership.--The Commission shall be composed of 12 members, \nwith the majority and minority leaders of the Senate, and the Speaker \nand the minority leader of the House each selecting three \ncommissioners. The Commissioners shall serve two-year terms and may be \nreappointed twice.\n    (d) Leadership of Commission.--The Commissioners shall elect a \nchairman and a vice-chairman every other year. The chair and vice-chair \nmay not have been appointed by members of the same political party.\n    (e) Director and Staff of Commission.--\n            (1) Director.--\n                    (A) In general.--Subject to paragraph (3) and to \n                the extent provided in advance in appropriation Acts, \n                the Commission shall appoint and fix the pay of a \n                director.\n                    (B) Duties.--The director of the Commission shall \n                be responsible for the administration and coordination \n                of the duties of the Commission and shall perform other \n                such duties as the Commission may direct.\n            (2) Staff.--In accordance with rules agreed upon by the \n        Commission, subject to paragraph (3), and to the extent \n        provided in advance in appropriation Acts, the director may \n        appoint and fix the pay of additional personnel.\n            (3) Applicability of certain civil service laws.--The \n        director and staff of the Commission may be appointed without \n        regard to the provisions of title 5, United States Code, \n        governing appointments in the competitive service, and may be \n        paid without regard to the provisions of chapter 51 and \n        subchapter III of chapter 53 of that title relating to \n        classification and General Schedule pay rates, except that pay \n        fixed under paragraph (1) may not exceed $150,000 per year and \n        pay fixed under paragraph (2) may not exceed a rate equal to \n        the daily equivalent of the annual rate of basic pay for level \n        V of the Executive Schedule under section 5316 of title 5, \n        United States Code.\n            (4) Detailees.--Any Federal Government employee may be \n        detailed to the Commission without reimbursement from the \n        Commission, and such detailee shall retain the rights, status, \n        and privileges of their regular employment without \n        interruption.\n            (5) Experts and consultants.--In accordance with rules \n        agreed upon by the Commission and to the extent provided in \n        advance in appropriation Acts, the director may procure the \n        services of experts and consultants under section 3109(b) of \n        title 5, United States Code, but at rates not to exceed the \n        daily equivalent of the annual rate of basic pay for level V of \n        the Executive Schedule under section 5316 of title 5, United \n        States Code.\n    (f) Powers of Commission.--\n            (1) Hearings and evidence.--The Commission may, for the \n        purpose of carrying out this Act, hold such hearings in \n        addition to the town hall style public hearings, sit and act at \n        such times and places, take such testimony, and receive such \n        evidence as the Commission considers appropriate. The \n        Commission may administer oaths or affirmations to witnesses \n        appearing before it.\n            (2) Powers of members and agents.--Any member or agent of \n        the Commission may, if authorized by the Commission, take any \n        action which the Commission is authorized to take under this \n        section.\n            (3) Mails.--The Commission may use the United States mails \n        in the same manner and under the same conditions as other \n        departments and agencies of the United States.\n            (4) Administrative support services.--Upon the request of \n        the Commission, the Administrator of General Services shall \n        provide to the Commission, on a reimbursable basis, the \n        administrative support services necessary for the Commission to \n        carry out its responsibilities under this Act.\n            (5) Contract authority.--To the extent provided in advance \n        in appropriation Acts, the Commission may enter into contracts \n        to enable the Commission to discharge its duties under this \n        Act.\n            (6) Gifts.--The Commission may accept, use, and dispose of \n        gifts or donations of services or property.\n    (g) Authorizes such sums as necessary.\n\nSEC. 6. REPATRIATION TAX INCENTIVE STUDY.\n\n    (a) Requirement.--The U.S. Secretary of Commerce shall, in \nconjunction with the Commissioner of the U.S. Internal Revenue Service \nstudy the impact and feasibility of a tax incentive to encourage firms \nto repatriate jobs and report back to Congress within 180 days of \nenactment.\n    (b) The study shall:\n            (1) Examine the merits of a tax incentive to encourage \n        repatriation that would waive all Federal taxes on the return \n        of offshore, untaxed profits to a ratio of domestic jobs \n        created.\n            (2) Consider a ratio of $1 billion in tax relief relative \n        to 14,000 jobs repatriated or created in the United States, as \n        well as other ratios the Secretary and Commissioner may \n        determine.\n\nSEC. 7. AMENDS AUTHORIZED PROGRAMS FOR REPATRIATION PURPOSES.\n\n    (a) Eligibility.--To amend title 42, United States Code, to include \na definition of ``repatriation'' for purposes of public works, economic \ndevelopment planning and local government demonstration programs.\n    (b) Eligibility.--To amend title 15, United States Code, subsection \n7506 to include a definition of ``repatriation'' for purposes.\n\nSEC. 8. PATENT PROTECTION AND PRIORITIZATION.\n\n    (a) Pre-Publication of Abstracts Only.--Section 122 of title 35, \nUnited States Code, is amended--\n            (1) in subsection (b)--\n                    (A) in paragraph (1)--\n                            (i) in subparagraph (A)--\n                                    (I) by striking ``each application \n                                for a patent'' and inserting ``and with \n                                respect to an application for a patent, \n                                the abstract included with such \n                                application''; and\n                                    (II) by striking ``an application'' \n                                and inserting ``an abstract'';\n                            (ii) in subparagraph (B), by striking \n                        ``patent applications'' each place it appears \n                        and inserting ``abstracts included with patent \n                        applications''; and\n                            (iii) in subparagraph (C), by striking \n                        ``patent application'' each place it appears \n                        and inserting ``abstract included with a patent \n                        application''; and\n                    (B) in paragraph (2)--\n                            (i) in subparagraph (A), by striking ``An \n                        application'' and inserting ``An abstract \n                        included with an application'';\n                            (ii) in subparagraph (B)--\n                                    (I) in clause (i), by striking \n                                ``the application'' and inserting ``the \n                                abstract included with the \n                                application''; and\n                                    (II) in clause (iv), by striking \n                                ``the application'' and inserting ``the \n                                abstract included with the \n                                application''; and\n                            (iii) by striking clause (v);\n            (2) by striking subsection (c);\n            (3) by redesignating subsection (d) as subsection (c); and\n            (4) in subsection (c), as so redesignated, by striking ``No \n        application'' and inserting ``No abstract included with an \n        application''.\n    (b) Conforming Amendments.--\n            (1) Table of contents.--The table of contents for chapter \n        11 of part 2 of title 35, United States Code, is amended in the \n        item relating to section 122 by inserting before ``patent \n        applications'' the following: ``abstracts included with''.\n            (2) Publications.--Section 10 of title 35, United States \n        Code, is amended by striking ``published applications'' and \n        inserting ``published abstracts included with applications''.\n            (3) Abstract definition.--Section 100 of title 35, United \n        States Code, is amended by adding at the end the following new \n        subsection: ``(f) The term `abstract' shall have the meaning \n        given such term, by regulation, by the Director.''.\n            (4) Conditions for patentability.--Section 102(e) of title \n        35, United States Code, is amended to read as follows:\n    ``(e) the invention was described in--\n            ``(1) a patent granted on an application for patent by \n        another in an international application filed under the treaty \n        defined in section 351(a); and\n            ``(2) such application designated the United States and was \n        published under article 21(2) of such treaty in the English \n        language; or''.\n            (5) Interferences.--Section 135(b) of title 35, United \n        States Code, is amended to read as follows:\n    ``(b) A claim which is the same as, or for the same or \nsubstantially the same subject matter as, a claim of an issued patent \nmay not be made in any application unless such a claim is made prior to \none year from the date on which the patent was granted.''.\n            (6) Provisional rights.--Section 154(d)(1) of title 35, \n        United States Code, is amended--\n                    (A) by striking ``publication of the application \n                for such patent under section 122(b), or in the case \n                of''; and\n                    (B) by striking ``the date of publication of the \n                application''.\n            (7) Secrecy of certain inventions.--Section 181 of title \n        35, United States Code, is amended--\n                    (A) by striking ``publication of an application'' \n                each place it appears and inserting ``publication of an \n                abstract included with an application''; and\n                    (B) by striking ``publication of the application'' \n                each place it appears and inserting ``publication of \n                the abstract included with the application''.\n    (c) Prioritization for Higher Education Institutions.--Section 131 \nof title 35, United States Code, is amended--\n            (1) by striking ``The Director'' and inserting the \n        following: ``(a) In General.--The Director''; and\n            (2) by adding at the end the following new subsection:\n    ``(b) Priority of Examination for Certain Applications.--The \nDirector shall give priority to the examination of an application made \nby an applicant that is--\n            ``(1) an institution of higher education, as such term is \n        defined under section 101(a) of the Higher Education Act of \n        1965 (20 U.S.C. 1001(a)); or\n            ``(2) a patent holding company affiliated with such an \n        institution.''.\n\nSEC. 9. EFFECTIVE DATE.\n\n    The amendments made by this Act shall take effect upon enactment of \nthis Act.","title":""}
+{"_id":"c461","text":"SECTION 1. SHORT TITLE.\n\n    This title may be cited as the ``21st Century Media Responsibility \nAct of 2001''.\n\nSEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA \n              PRODUCTS.\n\n    (a) Declaration of Policy.--Section 2 of the Federal Cigarette \nLabeling and Advertising Act (15 U.S.C. 1331) is amended--\n            (1) by inserting ``(a) Policy Regarding Cigarettes.--'' \n        before ``It is the policy of the Congress''; and\n            (2) by adding at the end the following:\n    ``(b) Policy Regarding Violence in Audio and Visual Media \nProducts.--It is also the policy of Congress, and the purpose of this \nAct, to provide for the establishment, use, and enforcement of a \nconsistent and comprehensive system for labeling violent content in \naudio and visual media products (including labeling of such products in \nthe advertisements for such products), whereby--\n            ``(1) the public may be adequately informed of--\n                    ``(A) the nature, context, and intensity of \n                depictions of violence in audio and visual media \n                products; and\n                    ``(B) matters needed to judge the appropriateness \n                of the purchase, viewing, listening to, use, or other \n                consumption of audio and visual media products \n                containing violent content by minors of various ages; \n                and\n            ``(2) the public may be assured of--\n                    ``(A) the accuracy and consistency of the system in \n                labeling the nature, context, and intensity of \n                depictions of violence in audio and visual media \n                products; and\n                    ``(B) the accuracy and consistency of the system in \n                providing information on matters needed to judge the \n                appropriateness of the purchase, viewing, listening to, \n                use, or other consumption of audio and visual media \n                products containing violent content by minors of \n                various ages.''.\n    (b) Labeling of Audio and Visual Media Products.--That Act is \nfurther amended by inserting after section 4 (15 U.S.C. 1333) the \nfollowing new section:\n\n             ``labeling of audio and visual media products\n\n    ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and \nproducers of interactive video game products and services, video \nprogram products, motion picture products, and sound recording products \nmay submit to the Federal Trade Commission a joint proposal for a \nsystem for labeling the violent content in interactive video game \nproducts and services, video program products, motion picture products, \nand sound recording products.\n    ``(2) The proposal under this subsection should, to the maximum \nextent practicable, meet the requirements set forth in subsection (b).\n    ``(3)(A) The antitrust laws shall not apply to any joint \ndiscussion, consideration, review, action, or agreement between or \namong manufacturers and producers referred to in paragraph (1) for \npurposes of developing a joint proposal for a system for labeling \nreferred to in that paragraph.\n    ``(B) For purposes of this paragraph, the term `antitrust laws' has \nthe meaning given such term in the first section of the Clayton Act (15 \nU.S.C. 12) and includes section 5 of the Federal Trade Commission Act \n(15 U.S.C. 45).\n    ``(b) Requirements for Labeling System.--A system for labeling the \nviolent content in interactive video game products and services, video \nprogram products, motion picture products, and sound recording products \nunder this section shall meet the following requirements:\n            ``(1) The label of a product or service shall consist of a \n        single label which--\n                    ``(A) takes into account the nature, context, and \n                intensity of the depictions of violence in the product \n                or service; and\n                    ``(B) assesses the totality of all depictions of \n                violence in the product or service.\n            ``(2) The label of a product or service shall specify a \n        minimum age in years for the purchase, viewing, listening to, \n        use, or consumption of the product or service in light of the \n        totality of all depictions of violence in the product or \n        service.\n            ``(3) The format of the label for products and services \n        shall--\n                    ``(A) incorporate each label provided for under \n                paragraphs (1) and (2);\n                    ``(B) include a symbol or icon, and written text; \n                and\n                    ``(C) be identical for each given label provided \n                under paragraphs (1) and (2), regardless of the type of \n                product or service involved.\n            ``(4) In the case of a product or service sold in a box, \n        carton, sleeve, or other container, the label shall appear on \n        the box, carton, sleeve, or container in a conspicuous manner.\n            ``(5) In the case of a product or service that is intended \n        to be viewed, the label shall--\n                    ``(A) appear before the commencement of the product \n                or service;\n                    ``(B) appear in both visual and audio form; and\n                    ``(C) appear in visual form for at least five \n                seconds.\n            ``(6) Any advertisement for a product or service shall \n        include a label of the product or service in accordance with \n        the applicable provisions of this subsection.\n    ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the \nmanufacturers and producers referred to in subsection (a) submit to the \nFederal Trade Commission a proposal for a labeling system referred to \nin that subsection not later than 180 days after the date of the \nenactment of the 21st Century Media Responsibility Act of 2001, the \nCommission shall review the labeling system contained in the proposal \nto determine whether the labeling system meets the requirements set \nforth in subsection (b) in a manner that addresses fully the purposes \nset forth in section 2(b).\n    ``(B) Not later than 180 days after commencing a review of the \nproposal for a labeling system under subparagraph (A), the Commission \nshall issue a labeling system for purposes of this section. The \nlabeling system issued under this subparagraph may include such \nmodifications of the proposal as the Commission considers appropriate \nin order to assure that the labeling system meets the requirements set \nforth in subsection (b) in a manner that addresses fully the purposes \nset forth in section 2(b).\n    ``(2)(A) If the manufacturers and producers referred to in \nsubsection (a) do not submit to the Commission a proposal for a \nlabeling system referred to in that subsection within the time provided \nunder paragraph (1)(A), the Commission shall prescribe regulations to \nestablish a labeling system for purposes of this section that meets the \nrequirements set forth in subsection (b).\n    ``(B) Any regulations under subparagraph (A) shall be prescribed \nnot later than one year after the date of the enactment of the 21st \nCentury Media Responsibility Act of 2001.\n    ``(e) Prohibition on Sale or Distribution Without Label.--\nCommencing one year after the date of the enactment of the 21st Century \nMedia Responsibility Act of 2001, a person may not manufacture or \nproduce for sale or distribution in commerce, package for sale or \ndistribution in commerce, or sell or distribute in commerce any \ninteractive video game product or service, video program product, \nmotion picture product, or sound recording product unless the product \nor service bears a label in accordance with the labeling system issued \nor prescribed by the Federal Trade Commission under subsection (d) \nwhich--\n            ``(1) is appropriate for the nature, context, and intensity \n        of the depictions of violence in the product or service; and\n            ``(2) specifies an appropriate minimum age in years for \n        purchasers and consumers of the product or service.\n    ``(f) Prohibition on Sale in Violation of Age Restriction.--\nCommencing one year after the date of the enactment of the 21st Century \nMedia Responsibility Act of 2001, a person may not sell in commerce an \ninteractive video game product or service, video program product, \nmotion picture product, or sound recording product to an individual \nwhose age in years is less than the age specified as the minimum age in \nyears for a purchaser and consumer of the product or service, as the \ncase may be, under the labeling system issued or prescribed by the \nFederal Trade Commission under subsection (d).\n    ``(g) Investigations of Improper Labeling.--The Federal Trade \nCommission shall have the authority to receive and investigate \nallegations that an interactive video game product or service, video \nprogram product, motion picture product, or sound recording product \ndoes not bear a label under the labeling system issued or prescribed by \nthe Commission under subsection (d) that is appropriate for the product \nor service, as the case may be, given the nature, context, and \nintensity of the depictions of violence in the product or service.''.\n    (c) Civil Penalty.--That Act is further amended by inserting after \nsection 10 (15 U.S.C. 1338) the following new section:\n\n                            ``civil penalty\n\n    ``Sec. 10A. (a) In General.--Any person who violates subsection (e) \nor (f) of section 4A shall be subject to a civil penalty in an amount \nnot to exceed $10,000 for each such violation.\n    ``(b) Duration of Violation.--In the case of an interactive video \ngame product or service, video program product, motion picture product, \nor sound recording product determined to violate section 4A(e), each \nday from the date of the commencement of sale or distribution of the \nproduct or service, as the case may be, to the date of the \ndetermination of the violation shall constitute a separate violation of \nsubsection (a), and all such violations shall be aggregated together \nfor purposes of determining the total liability of the manufacturer or \nproducer of the product or service, as the case may be, for such \nviolations under that subsection.''.\n    (d) Short Title of Act.--The first section of that Act (15 U.S.C. \n1331 note) is amended to read as follows: ``That this Act may be cited \nas the `Federal Cigarette and Media Violence Labeling and Advertising \nAct'''.","title":""}
+{"_id":"c462","text":"SECTION 1. SHORT TITLE.\n    This Act may be cited as the ``American Eagle Palladium Bullion \nCoin Act of 2010''.\nSEC. 2. PALLADIUM COIN.\n    Section 5112 of title 31, United States Code, is amended--\n        (1) in subsection (a), by adding at the end the following new \n    paragraph;\n        ``(12) A $25 coin of an appropriate size and thickness, as \n    determined by the Secretary, that weighs 1 troy ounce and contains \n    .9995 fine palladium.''; and\n        (2) by adding at the end the following new subsection:\n    ``(v) Palladium Bullion Investment Coins.--\n        ``(1) In general.--Subject to the submission to the Secretary \n    and the Congress of a marketing study described in paragraph (8), \n    beginning not more than 1 year after the submission of the study to \n    the Secretary and the Congress, the Secretary shall mint and issue \n    the palladium coins described in paragraph (12) of subsection (a) \n    in such quantities as the Secretary may determine to be appropriate \n    to meet demand.\n        ``(2) Source of bullion.--\n            ``(A) In general.--The Secretary shall acquire bullion for \n        the palladium coins issued under this subsection by purchase of \n        palladium mined from natural deposits in the United States, or \n        in a territory or possession of the United States, within 1 \n        year after the month in which the ore from which it is derived \n        was mined. If no such palladium is available or if it is not \n        economically feasible to obtain such palladium, the Secretary \n        may obtain palladium for the palladium coins described in \n        paragraph (12) of subsection (a) from other available sources.\n            ``(B) Price of bullion.--The Secretary shall pay not more \n        than the average world price for the palladium under \n        subparagraph (A).\n        ``(3) Sale of coins.--Each coin issued under this subsection \n    shall be sold for an amount the Secretary determines to be \n    appropriate, but not less than the sum of--\n            ``(A) the market value of the bullion at the time of sale; \n        and\n            ``(B) the cost of designing and issuing the coins, \n        including labor, materials, dies, use of machinery, overhead \n        expenses, marketing, distribution, and shipping.\n        ``(4) Treatment.--For purposes of section 5134 and 5136, all \n    coins minted under this subsection shall be considered to be \n    numismatic items.\n        ``(5) Quality.--The Secretary may issue the coins described in \n    paragraph (1) in both proof and uncirculated versions, except that, \n    should the Secretary determine that it is appropriate to issue \n    proof or uncirculated versions of such coin, the Secretary shall, \n    to the greatest extent possible, ensure that the surface treatment \n    of each year's proof or uncirculated version differs in some \n    material way from that of the preceding year.\n        ``(6) Design.--Coins minted and issued under this subsection \n    shall bear designs on the obverse and reverse that are close \n    likenesses of the work of famed American coin designer and medallic \n    artist Adolph Alexander Weinman--\n            ``(A) the obverse shall bear a high-relief likeness of the \n        `Winged Liberty' design used on the obverse of the so-called \n        `Mercury dime';\n            ``(B) the reverse shall bear a high-relief version of the \n        reverse design of the 1907 American Institute of Architects \n        medal; and\n            ``(C) the coin shall bear such other inscriptions, \n        including `Liberty', `In God We Trust', `United States of \n        America', the denomination and weight of the coin and the \n        fineness of the metal, as the Secretary determines to be \n        appropriate and in keeping with the original design.\n        ``(7) Mint facility.--Any United States mint, other than the \n    United States Mint at West Point, New York, may be used to strike \n    coins minted under this subsection other than any proof version of \n    any such coin. If the Secretary determines that it is appropriate \n    to issue any proof version of such coin, coins of such version \n    shall be struck only at the United States Mint at West Point, New \n    York.\n        ``(8) Marketing study defined.--The market study described in \n    paragraph (1) means an analysis of the market for palladium bullion \n    investments conducted by a reputable, independent third party that \n    demonstrates that there would be adequate demand for palladium \n    bullion coins produced by the United States Mint to ensure that \n    such coins could be minted and issued at no net cost to \n    taxpayers.''.\nSEC. 3. BUDGETARY EFFECT.\n    The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the House Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c463","text":"SECTION 1. SHORT TITLE.\n    This Act may be cited as the ``Aviation Security Stakeholder \nParticipation Act of 2014''.\nSEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.\n    (a) In General.--Subchapter II of chapter 449 of title 49, United \nStates Code, is amended by adding at the end the following:\n``Sec. 44946. Aviation Security Advisory Committee\n    ``(a) Establishment.--The Assistant Secretary shall establish \nwithin the Transportation Security Administration an aviation security \nadvisory committee.\n    ``(b) Duties.--\n        ``(1) In general.--The Assistant Secretary shall consult the \n    Advisory Committee, as appropriate, on aviation security matters, \n    including on the development, refinement, and implementation of \n    policies, programs, rulemaking, and security directives pertaining \n    to aviation security, while adhering to sensitive security \n    guidelines.\n        ``(2) Recommendations.--\n            ``(A) In general.--The Advisory Committee shall develop, at \n        the request of the Assistant Secretary, recommendations for \n        improvements to aviation security.\n            ``(B) Recommendations of subcommittees.--Recommendations \n        agreed upon by the subcommittees established under this section \n        shall be approved by the Advisory Committee before transmission \n        to the Assistant Secretary.\n        ``(3) Periodic reports.--The Advisory Committee shall \n    periodically submit to the Assistant Secretary--\n            ``(A) reports on matters identified by the Assistant \n        Secretary; and\n            ``(B) reports on other matters identified by a majority of \n        the members of the Advisory Committee.\n        ``(4) Annual report.--The Advisory Committee shall submit to \n    the Assistant Secretary an annual report providing information on \n    the activities, findings, and recommendations of the Advisory \n    Committee, including its subcommittees, for the preceding year. Not \n    later than 6 months after the date that the Secretary receives the \n    annual report, the Secretary shall publish a public version \n    describing the Advisory Committee's activities and such related \n    matters as would be informative to the public consistent with the \n    policy of section 552(b) of title 5.\n        ``(5) Feedback.--Not later than 90 days after receiving \n    recommendations transmitted by the Advisory Committee under \n    paragraph (4), the Assistant Secretary shall respond in writing to \n    the Advisory Committee with feedback on each of the \n    recommendations, an action plan to implement any of the \n    recommendations with which the Assistant Secretary concurs, and a \n    justification for why any of the recommendations have been \n    rejected.\n        ``(6) Congressional notification.--Not later than 30 days after \n    providing written feedback to the Advisory Committee under \n    paragraph (5), the Assistant Secretary shall notify the Committee \n    on Commerce, Science, and Transportation of the Senate and the \n    Committee on Homeland Security of the House of Representatives on \n    such feedback, and provide a briefing upon request.\n        ``(7) Report to congress.--Prior to briefing the Committee on \n    Commerce, Science, and Transportation of the Senate and the \n    Committee on Homeland Security of the House of Representatives \n    under paragraph (6), the Assistant Secretary shall submit to such \n    committees a report containing information relating to the \n    recommendations transmitted by the Advisory Committee in accordance \n    with paragraph (4).\n    ``(c) Membership.--\n        ``(1) Appointment.--\n            ``(A) In general.--Not later than 180 days after the date \n        of enactment of the Aviation Security Stakeholder Participation \n        Act of 2014, the Assistant Secretary shall appoint the members \n        of the Advisory Committee.\n            ``(B) Composition.--The membership of the Advisory \n        Committee shall consist of individuals representing not more \n        than 34 member organizations. Each organization shall be \n        represented by 1 individual (or the individual's designee).\n            ``(C) Representation.--The membership of the Advisory \n        Committee shall include representatives of air carriers, all-\n        cargo air transportation, indirect air carriers, labor \n        organizations representing air carrier employees, labor \n        organizations representing transportation security officers, \n        aircraft manufacturers, airport operators, airport construction \n        and maintenance contractors, labor organizations representing \n        employees of airport construction and maintenance contractors, \n        general aviation, privacy organizations, the travel industry, \n        airport-based businesses (including minority-owned small \n        businesses), businesses that conduct security screening \n        operations at airports, aeronautical repair stations, passenger \n        advocacy groups, the aviation security technology industry \n        (including screening technology and biometrics), victims of \n        terrorist acts against aviation, and law enforcement and \n        security experts.\n        ``(2) Term of office.--\n            ``(A) Terms.--The term of each member of the Advisory \n        Committee shall be 2 years. A member of the Advisory Committee \n        may be reappointed.\n            ``(B) Removal.--The Assistant Secretary may review the \n        participation of a member of the Advisory Committee and remove \n        such member for cause at any time.\n        ``(3) Prohibition on compensation.--The members of the Advisory \n    Committee shall not receive pay, allowances, or benefits from the \n    Government by reason of their service on the Advisory Committee.\n        ``(4) Meetings.--\n            ``(A) In general.--The Assistant Secretary shall require \n        the Advisory Committee to meet at least semiannually and may \n        convene additional meetings as necessary.\n            ``(B) Public meetings.--At least 1 of the meetings \n        described in subparagraph (A) shall be open to the public.\n            ``(C) Attendance.--The Advisory Committee shall maintain a \n        record of the persons present at each meeting.\n        ``(5) Member access to sensitive security information.--Not \n    later than 60 days after the date of a member's appointment, the \n    Assistant Secretary shall determine if there is cause for the \n    member to be restricted from possessing sensitive security \n    information. Without such cause, and upon the member voluntarily \n    signing a non-disclosure agreement, the member may be granted \n    access to sensitive security information that is relevant to the \n    member's advisory duties. The member shall protect the sensitive \n    security information in accordance with part 1520 of title 49, Code \n    of Federal Regulations.\n        ``(6) Chairperson.--A stakeholder representative on the \n    Advisory Committee who is elected by the appointed membership of \n    the Advisory Committee shall chair the Advisory Committee.\n    ``(d) Subcommittees.--\n        ``(1) Membership.--The Advisory Committee chairperson, in \n    coordination with the Assistant Secretary, may establish within the \n    Advisory Committee any subcommittee that the Assistant Secretary \n    and Advisory Committee determine to be necessary. The Assistant \n    Secretary and the Advisory Committee shall create subcommittees to \n    address aviation security issues, including the following:\n            ``(A) Air cargo security.--The implementation of the air \n        cargo security programs established by the Transportation \n        Security Administration to screen air cargo on passenger \n        aircraft and all-cargo aircraft in accordance with established \n        cargo screening mandates.\n            ``(B) General aviation.--General aviation facilities, \n        general aviation aircraft, and helicopter operations at general \n        aviation and commercial service airports.\n            ``(C) Perimeter and access control.--Recommendations on \n        airport perimeter security, exit lane security and technology \n        at commercial service airports, and access control issues.\n            ``(D) Security technology.--Security technology standards \n        and requirements, including their harmonization \n        internationally, technology to screen passengers, passenger \n        baggage, carry-on baggage, and cargo, and biometric technology.\n        ``(2) Risk-based security.--All subcommittees established by \n    the Advisory Committee chairperson in coordination with the \n    Assistant Secretary shall consider risk-based security approaches \n    in the performance of their functions that weigh the optimum \n    balance of costs and benefits in transportation security, including \n    for passenger screening, baggage screening, air cargo security \n    policies, and general aviation security matters.\n        ``(3) Meetings and reporting.--Each subcommittee shall meet at \n    least quarterly and submit to the Advisory Committee for inclusion \n    in the annual report required under subsection (b)(4) information, \n    including recommendations, regarding issues within the \n    subcommittee.\n        ``(4) Subcommittee chairs.--Each subcommittee shall be co-\n    chaired by a Government official and an industry official.\n    ``(e) Subject Matter Experts.--Each subcommittee under this section \nshall include subject matter experts with relevant expertise who are \nappointed by the respective subcommittee chairpersons.\n    ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act \n(5 U.S.C. App.) shall not apply to the Advisory Committee and its \nsubcommittees.\n    ``(g) Definitions.--In this section:\n        ``(1) Advisory committee.--The term `Advisory Committee' means \n    the aviation security advisory committee established under \n    subsection (a).\n        ``(2) Assistant secretary.--The term `Assistant Secretary' \n    means the Assistant Secretary of Homeland Security (Transportation \n    Security Administration).\n        ``(3) Perimeter security.--\n            ``(A) In general.--The term `perimeter security' means \n        procedures or systems to monitor, secure, and prevent \n        unauthorized access to an airport, including its airfield and \n        terminal.\n            ``(B) Inclusions.--The term `perimeter security' includes \n        the fence area surrounding an airport, access gates, and access \n        controls.''.\n    (b) Clerical Amendment.--The analysis for subchapter II of chapter \n449 of title 49, United States Code, is amended by adding at the end \nthe following new item:\n\n``44946. Aviation Security Advisory Committee.''.\n\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c464","text":"SECTION 1. SHORT TITLE.\n    This Act may be cited as the ``Department of Veterans Affairs \nExpiring Authorities Act of 2013''.\nSEC. 2. EXTENSIONS OF EXPIRING AUTHORITIES AFFECTING VETERANS AND THEIR \nFAMILIES.\n    (a) Extension of Authority To Provide Monthly Assistance Allowance \nto Veterans With Disability Invited by United States Olympic \nCommittee.--\n        (1) In general.--Section 322(d)(4) of title 38, United States \n    Code, is amended by inserting ``and $500,000 for the period \n    beginning October 1, 2013, and ending December 31, 2013'' after \n    ``2013''.\n        (2) Technical correction.--Section 322 of such title is amended \n    by striking ``United States Paralympics, Inc.,'' each place it \n    appears and inserting ``United States Olympic Committee''.\n    (b) Extension of Authority To Provide Assistance for United States \nOlympic Committee.--\n        (1) In general.--Section 521A of such title is amended--\n            (A) in subsection (g), by inserting ``and $2,000,000 for \n        the period beginning October 1, 2013, and ending December 31, \n        2013'' after ``2013''; and\n            (B) in subsection (l), by striking ``The Secretary may only \n        provide assistance under this section during fiscal years 2010 \n        through 2013.'' and inserting ``The Secretary may not provide \n        assistance under this section after December 31, 2013.''.\n        (2) Technical correction.--Such section is further amended--\n            (A) except in subsection (d)(4), by striking ``United \n        States Paralympics, Inc.,'' each place it appears and inserting \n        ``United States Olympic Committee'';\n            (B) in subsection (d)(4), by striking ``United States \n        Paralympics, Inc.'' and inserting ``United States Olympic \n        Committee''; and\n            (C) by adding at the end the following new subsection:\n    ``(m) Applicability to Commonwealths and Territories of United \nStates.--The provisions of this section and section 322 of this title \nshall apply with respect to the following in the same manner and to the \nsame degree as the United States Olympic Committee:\n        ``(1) The American Samoa National Olympic Committee.\n        ``(2) Guam National Olympic Committee.\n        ``(3) Comite Olimpico de Puerto Rico.\n        ``(4) Such entities as the Secretary considers appropriate to \n    represent the interests of the Northern Mariana Islands and the \n    United States Virgin Islands under this section and section 322 of \n    this title.''.\n        (3) Clerical amendment.--The table of sections at the beginning \n    of chapter 5 of such title is amended by striking the item relating \n    to section 521A and inserting the following new item:\n\n``521A. Assistance for United States Olympic Committee.''.\n\n    (c) Extension of Authority for Collection of Copayments for \nHospital Care and Nursing Home Care.--Section 1710(f)(2)(B) of such \ntitle is amended by striking ``September 30, 2013'' and inserting \n``September 30, 2014''.\n    (d) Extension of Authority for Recovery From Third Parties of Cost \nof Care and Services Furnished to Veterans With Health-plan Contracts \nfor Non-service-connected Disability.--Section 1729(a)(2)(E) of such \ntitle is amended by striking ``October 1, 2013'' and inserting \n``October 1, 2014''.\n    (e) Extensions of Authorities Affecting Homeless Veterans.--\n        (1) Homeless veterans reintegration programs.--Section \n    2021(e)(1)(F) of such title is amended by striking ``2013'' and \n    inserting ``2014''.\n        (2) Referral and counseling services: veterans at risk of \n    homelessness who are transitioning from certain institutions.--\n    Section 2023(d) of such title is amended--\n            (A) by inserting ``to enter into a contract'' before ``to \n        provide''; and\n            (B) by striking ``September 30, 2013'' and inserting \n        ``September 30, 2014''.\n    (f) Extension of Previously Fully-funded Authorities Affecting \nHomeless Veterans.--\n        (1) Comprehensive service programs.--Section 2013 of such title \n    is amended by striking paragraph (6) and inserting the following \n    new paragraphs:\n        ``(6) $250,000,000 for fiscal year 2014.\n        ``(7) $150,000,000 for fiscal year 2015 and each subsequent \n    fiscal year.''.\n        (2) Financial assistance for supportive services for very low-\n    income veteran families in permanent housing.--Section \n    2044(e)(1)(E) of such title is amended by striking ``for fiscal \n    year 2013'' and inserting ``for each of fiscal years 2013 and \n    2014''.\n        (3) Grant program for homeless veterans with special needs.--\n    Section 2061(d)(1) of such title is amended by striking ``through \n    2013'' and inserting ``through 2014''.\n    (g) Extension of Temporary Expansion of Eligibility for Specially \nAdapted Housing Assistance for Certain Veterans With Disabilities \nCausing Difficulty With Ambulating.--Section 2101(a)(4) of such title \nis amended--\n        (1) by striking ``The Secretary's'' and inserting ``(A) Except \n    as provided in subparagraph (B), the Secretary's'';\n        (2) in subparagraph (A), as designated by paragraph (1), by \n    striking ``September 30, 2013'' and inserting ``September 30, \n    2014''; and\n        (3) by adding at the end the following new subparagraph:\n    ``(B) In fiscal year 2014, the Secretary may not approve more than \n30 applications for assistance under paragraph (1) for disabled \nveterans described in paragraph (2)(A)(ii).''.\n    (h) Extension of Authority To Calculate Net Value of Real Property \nSecuring Defaulted Loan for Purposes of Liquidation.--Section \n3732(c)(11) of such title is amended by striking ``October 1, 2013'' \nand inserting ``October 1, 2014''.\n    (i) Extension of Pilot Program on Assistance for Child Care for \nCertain Veterans Receiving Health Care.--Section 205 of the Caregivers \nand Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; \n38 U.S.C. 1710 note) is amended--\n        (1) in subsection (e), by striking ``2-year'' and inserting \n    ``3-year''; and\n        (2) in subsection (h), by striking ``and 2011'' and inserting \n    ``and 2014''.\nSEC. 3. REAUTHORIZATION OF USE OF NATIONAL DIRECTORY OF NEW HIRES FOR \nINCOME VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS.\n    (a) Secretary of Health and Human Services.--Section 453(j)(11) of \nthe Social Security Act (42 U.S.C. 653(j)(11)) is amended by striking \nsubparagraph (G) and inserting the following new subparagraph (G):\n            ``(G) Expiration of authority.--The authority under this \n        paragraph shall be in effect as follows:\n                ``(i) During the period beginning on December 26, 2007, \n            and ending on November 18, 2011.\n                ``(ii) During the period beginning on the date of the \n            enactment of the Department of Veterans Affairs Expiring \n            Authorities Act of 2013 and ending 180 days after that \n            date.''.\n    (b) Secretary of Veterans Affairs.--Section 5317A of title 38, \nUnited States Code, is amended by striking subsection (d) and inserting \nthe following new subsection (d):\n    ``(d) Expiration of Authority.--The authority under this section \nshall be in effect as follows:\n        ``(1) During the period beginning on December 26, 2007, and \n    ending on November 18, 2011.\n        ``(2) During the period beginning on the date of the enactment \n    of the Department of Veterans Affairs Expiring Authorities Act of \n    2013 and ending 180 days after that date.''.\nSEC. 4. EFFECTIVE DATE AND RATIFICATION.\n    (a) Effective Date.--This Act shall take effect on October 1, 2013, \nexcept that Section 2 (a) shall take effect on September 30, 2013.\n    (b) Ratification.--If this Act is not enacted on or before \nSeptember 30, 2013, any actions undertaken by the Department of \nVeterans Affairs under the authorities extended by this Act during the \nperiod beginning on such date and ending on the date of the enactment \nof this Act shall be deemed ratified.\nSEC. 5. SCORING OF BUDGETARY EFFECTS.\n    The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go-Act of 2010 shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the Senate Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c465","text":"SECTION 1. SHORT TITLE.\n    This Act may be cited as the ``Designer Anabolic Steroid Control \nAct of 2014''.\nSEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.\n    (a) Definitions.--Section 102(41) of the Controlled Substances Act \n(21 U.S.C. 802(41)) is amended--\n        (1) in subparagraph (A)--\n            (A) in clause (xlix), by striking ``and'' at the end;\n            (B) by redesignating clause (xlx) as clause (lxxv); and\n            (C) by inserting after clause (xlix) the following:\n        ``(l) 5a-Androstan-3,6,17-trione;\n        ``(li) 6-bromo-androstan-3,17-dione;\n        ``(lii) 6-bromo-androsta-1,4-diene-3,17-dione;\n        ``(liii) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol;\n        ``(liv) 4-chloro-17a-methyl-androst-4-ene-3b,17b-diol;\n        ``(lv) 4-chloro-17a-methyl-17b-hydroxy-androst-4-en-3-one;\n        ``(lvi) 4-chloro-17a-methyl-17b-hydroxy-androst-4-ene-3,11-\n    dione;\n        ``(lvii) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol;\n        ``(lviii) 2a,17a-dimethyl-17b-hydroxy-5a-androstan-3-one;\n        ``(lix) 2a,17a-dimethyl-17b-hydroxy-5b-androstan-3-one;\n        ``(lx) 2a,3a-epithio-17a-methyl-5a-androstan-17b-ol;\n        ``(lxi) [3,2-c]-furazan-5a-androstan-17b-ol;\n        ``(lxii) 3b-hydroxy-estra-4,9,11-trien-17-one;\n        ``(lxiii) 17a-methyl-androst-2-ene-3,17b-diol;\n        ``(lxiv) 17a-methyl-androsta-1,4-diene-3,17b-diol;\n        ``(lxv) Estra-4,9,11-triene-3,17-dione;\n        ``(lxvi) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one;\n        ``(lxvii) 6a-Methyl-androst-4-ene-3,17-dione;\n        ``(lxviii) 17a-Methyl-androstan-3-hydroxyimine-17b-ol;\n        ``(lxix) 17a-Methyl-5a-androstan-17b-ol;\n        ``(lxx) 17b-Hydroxy-androstano[2,3-d]isoxazole;\n        ``(lxxi) 17b-Hydroxy-androstano[3,2-c]isoxazole;\n        ``(lxxii) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-c]pyrazole-5a-\n    androstan-17b-ol;\n        ``(lxxiii) [3,2-c]pyrazole-androst-4-en-17b-ol;\n        ``(lxxiv) [3,2-c]pyrazole-5a-androstan-17b-ol; and''; and\n        (2) by adding at the end the following:\n    ``(C)(i) Subject to clause (ii), a drug or hormonal substance \n(other than estrogens, progestins, corticosteroids, and \ndehydroepiandrosterone) that is not listed in subparagraph (A) and is \nderived from, or has a chemical structure substantially similar to, 1 \nor more anabolic steroids listed in subparagraph (A) shall be \nconsidered to be an anabolic steroid for purposes of this Act if--\n        ``(I) the drug or substance has been created or manufactured \n    with the intent of producing a drug or other substance that \n    either--\n            ``(aa) promotes muscle growth; or\n            ``(bb) otherwise causes a pharmacological effect similar to \n        that of testosterone; or\n        ``(II) the drug or substance has been, or is intended to be, \n    marketed or otherwise promoted in any manner suggesting that \n    consuming it will promote muscle growth or any other \n    pharmacological effect similar to that of testosterone.\n    ``(ii) A substance shall not be considered to be a drug or hormonal \nsubstance for purposes of this subparagraph if it--\n        ``(I) is--\n            ``(aa) an herb or other botanical;\n            ``(bb) a concentrate, metabolite, or extract of, or a \n        constituent isolated directly from, an herb or other botanical; \n        or\n            ``(cc) a combination of 2 or more substances described in \n        item (aa) or (bb);\n        ``(II) is a dietary ingredient for purposes of the Federal \n    Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); and\n        ``(III) is not anabolic or androgenic.\n    ``(iii) In accordance with section 515(a), any person claiming the \nbenefit of an exemption or exception under clause (ii) shall bear the \nburden of going forward with the evidence with respect to such \nexemption or exception.''.\n    (b) Classification Authority.--Section 201 of the Controlled \nSubstances Act (21 U.S.C. 811) is amended by adding at the end the \nfollowing:\n    ``(i) Temporary and Permanent Scheduling of Recently Emerged \nAnabolic Steroids.--\n        ``(1) The Attorney General may issue a temporary order adding a \n    drug or other substance to the definition of anabolic steroids if \n    the Attorney General finds that--\n            ``(A) the drug or other substance satisfies the criteria \n        for being considered an anabolic steroid under section 102(41) \n        but is not listed in that section or by regulation of the \n        Attorney General as being an anabolic steroid; and\n            ``(B) adding such drug or other substance to the definition \n        of anabolic steroids will assist in preventing abuse or misuse \n        of the drug or other substance.\n        ``(2) An order issued under paragraph (1) shall not take effect \n    until 30 days after the date of the publication by the Attorney \n    General of a notice in the Federal Register of the intention to \n    issue such order and the grounds upon which such order is to be \n    issued. The order shall expire not later than 24 months after the \n    date it becomes effective, except that the Attorney General may, \n    during the pendency of proceedings under paragraph (6), extend the \n    temporary scheduling order for up to 6 months.\n        ``(3) The Attorney General shall transmit notice of an order \n    proposed to be issued under paragraph (1) to the Secretary of \n    Health and Human Services. In issuing an order under paragraph (1), \n    the Attorney General shall take into consideration any comments \n    submitted by the Secretary in response to a notice transmitted \n    pursuant to this paragraph.\n        ``(4) A temporary scheduling order issued under paragraph (1) \n    shall be vacated upon the issuance of a permanent scheduling order \n    under paragraph (6).\n        ``(5) An order issued under paragraph (1) is not subject to \n    judicial review.\n        ``(6) The Attorney General may, by rule, issue a permanent \n    order adding a drug or other substance to the definition of \n    anabolic steroids if such drug or other substance satisfies the \n    criteria for being considered an anabolic steroid under section \n    102(41). Such rulemaking may be commenced simultaneously with the \n    issuance of the temporary order issued under paragraph (1).''.\nSEC. 3. LABELING REQUIREMENTS.\n    (a) In General.--Section 305 of the Controlled Substances Act (21 \nU.S.C. 825) is amended by adding at the end the following:\n    ``(e) False Labeling of Anabolic Steroids.--\n        ``(1) It shall be unlawful to import, export, manufacture, \n    distribute, dispense, or possess with intent to manufacture, \n    distribute, or dispense, an anabolic steroid or product containing \n    an anabolic steroid, unless the steroid or product bears a label \n    clearly identifying an anabolic steroid or product containing an \n    anabolic steroid by the nomenclature used by the International \n    Union of Pure and Applied Chemistry (IUPAC).\n        ``(2)(A) A product described in subparagraph (B) is exempt from \n    the International Union of Pure and Applied Chemistry nomenclature \n    requirement of this subsection if such product is labeled in the \n    manner required under the Federal Food, Drug, and Cosmetic Act.\n        ``(B) A product is described in this subparagraph if the \n    product--\n            ``(i) is the subject of an approved application as \n        described in section 505(b) or (j) of the Federal Food, Drug, \n        and Cosmetic Act; or\n            ``(ii) is exempt from the provisions of section 505 of such \n        Act relating to new drugs because--\n                ``(I) it is intended solely for investigational use as \n            described in section 505(i) of such Act; and\n                ``(II) such product is being used exclusively for \n            purposes of a clinical trial that is the subject of an \n            effective investigational new drug application.''.\n    (b) Clarification to Import and Export Statute.--Section 1010 of \nthe Controlled Substances Import and Export Act (21 U.S.C. 960) is \namended, in subsection (a)(1), by inserting ``305,'' before ``1002''.\n    (c) Civil Penalties.--Section 402 of the Controlled Substances Act \n(21 U.S.C. 842) is amended--\n        (1) in subsection (a)--\n            (A) in paragraph (14), by striking ``or'' at the end;\n            (B) in paragraph (15), by striking the period at the end \n        and inserting ``; or''; and\n            (C) by inserting, after paragraph (15), the following:\n        ``(16) to violate subsection (e) of section 825 of this \n    title.''; and\n        (2) in subsection (c)(1)--\n            (A) by inserting, in subparagraph (A), after ``subparagraph \n        (B)'' the following: ``, (C), or (D)''; and\n            (B) by inserting after subparagraph (B) the following:\n    ``(C) In the case of a violation of paragraph (16) of subsection \n(a) of this section by an importer, exporter, manufacturer, or \ndistributor (other than as provided in subparagraph (D)), up to \n$500,000 per violation. For purposes of this subparagraph, a violation \nis defined as each instance of importation, exportation, manufacturing, \ndistribution, or possession with intent to manufacture or distribute, \nin violation of paragraph (16) of subsection (a).\n    ``(D) In the case of a distribution, dispensing, or possession with \nintent to distribute or dispense in violation of paragraph (16) of \nsubsection (a) of this section at the retail level, up to $1000 per \nviolation. For purposes of this paragraph, the term `at the retail \nlevel' refers to products sold, or held for sale, directly to the \nconsumer for personal use. Each package, container or other separate \nunit containing an anabolic steroid that is distributed, dispensed, or \npossessed with intent to distribute or dispense at the retail level in \nviolation of such paragraph (16) of subsection (a) shall be considered \na separate violation.''.\nSEC. 4. IDENTIFICATION AND PUBLICATION OF LIST OF PRODUCTS CONTAINING \nANABOLIC STEROIDS.\n    (a) In General.--The Attorney General may, in the Attorney \nGeneral's discretion, collect data and analyze products to determine \nwhether they contain anabolic steroids and are properly labeled in \naccordance with this Act and the amendments made by this Act. The \nAttorney General may publish in the Federal Register or on the website \nof the Drug Enforcement Administration a list of products which the \nAttorney General has determined, based on substantial evidence, contain \nan anabolic steroid and are not labeled in accordance with this Act and \nthe amendments made by this Act.\n    (b) Absence From List.--The absence of a product from the list \nreferred to in subsection (a) shall not constitute evidence that the \nproduct does not contain an anabolic steroid.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c466","text":"SECTION 1. SHORT TITLE.\n    This Act may be cited as the ``Third Higher Education Extension Act \nof 2007''.\nSEC. 2. EXTENSION OF PROGRAMS.\n    Section 2(a) of the Higher Education Extension Act of 2005 (Public \nLaw 109-81; 20 U.S.C. 1001 note) is amended by striking ``October 31, \n2007'' and inserting ``March 31, 2008''.\nSEC. 3. RULE OF CONSTRUCTION.\n    Nothing in this Act, or in the Higher Education Extension Act of \n2005 as amended by this Act, shall be construed to limit or otherwise \nalter the authorizations of appropriations for, or the durations of, \nprograms contained in the amendments made by the Higher Education \nReconciliation Act of 2005 (Public Law 109-171) or by the College Cost \nReduction and Access Act (Public Law 110-84) to the provisions of the \nHigher Education Act of 1965 and the Taxpayer-Teacher Protection Act of \n2004.\nSEC. 4. DEFINITION OF ELIGIBLE NOT-FOR-PROFIT HOLDER.\n    Section 435(p) of the Higher Education Act of 1965 (20 U.S.C. \n1085(p)) is amended--\n        (1) in paragraph (1), by striking subparagraph (D) and \n    inserting the following:\n            ``(D) acting as a trustee on behalf of a State, political \n        subdivision, authority, agency, instrumentality, or other \n        entity described in subparagraph (A), (B), or (C), regardless \n        of whether such State, political subdivision, authority, \n        agency, instrumentality, or other entity is an eligible lender \n        under subsection (d).''; and\n        (2) in paragraph (2)--\n            (A) in subparagraph (A)(i), by striking subclause (II) and \n        inserting the following:\n\n                    ``(II) is acting as a trustee on behalf of a State, \n                political subdivision, authority, agency, \n                instrumentality, or other entity described in \n                subparagraph (A), (B), or (C) of paragraph (1), \n                regardless of whether such State, political \n                subdivision, authority, agency, instrumentality, or \n                other entity is an eligible lender under subsection \n                (d), and such State, political subdivision, authority, \n                agency, instrumentality, or other entity, on the date \n                of enactment of the College Cost Reduction and Access \n                Act, was the sole beneficial owner of a loan eligible \n                for any special allowance payment under section 438.'';\n\n            (B) in subparagraph (A)(ii), by inserting ``of'' after \n        ``waive the requirements'';\n            (C) by amending subparagraph (B) to read as follows:\n            ``(B) No for-profit ownership or control.--\n                ``(i) In general.--No State, political subdivision, \n            authority, agency, instrumentality, or other entity \n            described in paragraph (1)(A), (B), or (C) shall be an \n            eligible not-for-profit holder under this Act if such \n            State, political subdivision, authority, agency, \n            instrumentality, or other entity is owned or controlled, in \n            whole or in part, by a for-profit entity.\n                ``(ii) Trustees.--A trustee described in paragraph \n            (1)(D) shall not be an eligible not-for-profit holder under \n            this Act with respect to a State, political subdivision, \n            authority, agency, instrumentality, or other entity \n            described in subparagraph (A), (B), or (C) of paragraph \n            (1), regardless of whether such State, political \n            subdivision, authority, agency, instrumentality, or other \n            entity is an eligible lender under subsection (d), if such \n            State, political subdivision, authority, agency, \n            instrumentality, or other entity is owned or controlled, in \n            whole or in part, by a for-profit entity.'';\n            (D) by amending subparagraph (C) to read as follows:\n            ``(C) Sole ownership of loans and income.--No State, \n        political subdivision, authority, agency, instrumentality, \n        trustee, or other entity described in paragraph (1)(A), (B), \n        (C), or (D) shall be an eligible not-for-profit holder under \n        this Act with respect to any loan, or income from any loan, \n        unless--\n                ``(i) such State, political subdivision, authority, \n            agency, instrumentality, or other entity is the sole \n            beneficial owner of such loan and the income from such \n            loan; or\n                ``(ii) such trustee holds the loan on behalf of a \n            State, political subdivision, authority, agency, \n            instrumentality, or other entity described in subparagraph \n            (A), (B), or (C) of paragraph (1), regardless of whether \n            such State, political subdivision, authority, agency, \n            instrumentality, or other entity is an eligible lender \n            under subsection (d), and such State, political \n            subdivision, authority, agency, instrumentality, or other \n            entity is the sole beneficial owner of such loan and the \n            income from such loan.'';\n            (E) in subparagraph (D), by striking ``an entity described \n        in described in paragraph (1)(A), (B), or (C)'' and inserting \n        ``a State, political subdivision, authority, agency, \n        instrumentality, or other entity described in subparagraph (A), \n        (B), or (C) of paragraph (1), regardless of whether such State, \n        political subdivision, authority, agency, instrumentality, or \n        other entity is an eligible lender under subsection (d),''; and\n            (F) by amending subparagraph (E) to read as follows:\n            ``(E) Rule of construction.--For purposes of subparagraphs \n        (A), (B), (C), and (D) of this paragraph, a State, political \n        subdivision, authority, agency, instrumentality, or other \n        entity described in subparagraph (A), (B), or (C) of paragraph \n        (1), regardless of whether such State, political subdivision, \n        authority, agency, instrumentality, or other entity is an \n        eligible lender under subsection (d), shall not--\n                ``(i) be deemed to be owned or controlled, in whole or \n            in part, by a for-profit entity; or\n                ``(ii) lose its status as the sole owner of a \n            beneficial interest in a loan and the income from a loan,\n        by such State, political subdivision, authority, agency, \n        instrumentality, or other entity, or by the trustee described \n        in paragraph (1)(D), granting a security interest in, or \n        otherwise pledging as collateral, such loan, or the income from \n        such loan, to secure a debt obligation for which such State, \n        political subdivision, authority, agency, instrumentality, or \n        other entity is the issuer of the debt obligation.''.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c467","text":"SECTION 1. SHORT TITLE.\n    This Act may be cited as the ``United States-Israel Enhanced \nSecurity Cooperation Act of 2012''.\nSEC. 2. FINDINGS.\n    Congress makes the following findings:\n        (1) Since 1948, United States Presidents and both houses of \n    Congress, on a bipartisan basis and supported by the American \n    people, have repeatedly reaffirmed the special bond between the \n    United States and Israel, based on shared values and shared \n    interests.\n        (2) The Middle East is undergoing rapid change, bringing with \n    it hope for an expansion of democracy but also great challenges to \n    the national security of the United States and our allies in the \n    region, particularly to our most important ally in the region, \n    Israel.\n        (3) The Government of the Islamic Republic of Iran is \n    continuing its decades-long pattern of seeking to foment \n    instability and promote extremism in the Middle East, particularly \n    in this time of dramatic political transition.\n        (4) At the same time, the Government of the Islamic Republic of \n    Iran continues to enrich uranium in defiance of multiple United \n    Nations Security Council resolutions.\n        (5) A nuclear-weapons capable Iran would fundamentally threaten \n    vital United States interests, encourage regional nuclear \n    proliferation, further empower Iran, the world's leading state \n    sponsor of terror, and pose a serious and destabilizing threat to \n    Israel and the region.\n        (6) Over the past several years, with the assistance of the \n    Governments of the Islamic Republic of Iran and Syria, Hizbollah \n    and Hamas have increased their stockpile of rockets, with more than \n    60,000 now ready to be fired at Israel. The Government of the \n    Islamic Republic of Iran continues to add to its arsenal of \n    ballistic missiles and cruise missiles, which threaten Iran's \n    neighbors, Israel, and United States Armed Forces in the region.\n        (7) As a result, Israel is facing a fundamentally altered \n    strategic environment.\n        (8) Pursuant to chapter 5 of title 1 of the Emergency Wartime \n    Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. \n    576), the authority to make available loan guarantees to Israel is \n    currently set to expire on September 30, 2012.\nSEC. 3. STATEMENT OF POLICY.\n    It is the policy of the United States:\n        (1) To reaffirm our unwavering commitment to the security of \n    the State of Israel as a Jewish state. As President Barack Obama \n    stated on December 16, 2011, ``America's commitment and my \n    commitment to Israel and Israel's security is unshakeable.'' And as \n    President George W. Bush stated before the Israeli Knesset on May \n    15, 2008, on the 60th anniversary of the founding of the State of \n    Israel, ``The alliance between our governments is unbreakable, yet \n    the source of our friendship runs deeper than any treaty.''.\n        (2) To help the Government of Israel preserve its qualitative \n    military edge amid rapid and uncertain regional political \n    transformation.\n        (3) To veto any one-sided anti-Israel resolutions at the United \n    Nations Security Council.\n        (4) To support Israel's inherent right to self-defense.\n        (5) To pursue avenues to expand cooperation with the Government \n    of Israel both in defense and across the spectrum of civilian \n    sectors, including high technology, agriculture, medicine, health, \n    pharmaceuticals, and energy.\n        (6) To assist the Government of Israel with its ongoing efforts \n    to forge a peaceful, negotiated settlement of the Israeli-\n    Palestinian conflict that results in two states living side-by-side \n    in peace and security, and to encourage Israel's neighbors to \n    recognize Israel's right to exist as a Jewish state.\n        (7) To encourage further development of advanced technology \n    programs between the United States and Israel given current trends \n    and instability in the region.\nSEC. 4. UNITED STATES ACTIONS TO ASSIST IN THE DEFENSE OF ISRAEL AND \nPROTECT UNITED STATES INTERESTS.\n    It is the sense of Congress that the United States Government \nshould take the following actions to assist in the defense of Israel:\n        (1) Seek to enhance the capabilities of the Governments of the \n    United States and Israel to address emerging common threats, \n    increase security cooperation, and expand joint military exercises.\n        (2) Provide the Government of Israel such support as may be \n    necessary to increase development and production of joint missile \n    defense systems, particularly such systems that defend against the \n    urgent threat posed to Israel and United States forces in the \n    region.\n        (3) Provide the Government of Israel assistance specifically \n    for the production and procurement of the Iron Dome defense system \n    for purposes of intercepting short-range missiles, rockets, and \n    projectiles launched against Israel.\n        (4) Provide the Government of Israel defense articles and \n    defense services through such mechanisms as appropriate, to include \n    air refueling tankers, missile defense capabilities, and \n    specialized munitions.\n        (5) Provide the Government of Israel additional excess defense \n    articles, as appropriate, in the wake of the withdrawal of United \n    States forces from Iraq.\n        (6) Examine ways to strengthen existing and ongoing efforts, \n    including the Gaza Counter Arms Smuggling Initiative, aimed at \n    preventing weapons smuggling into Gaza pursuant to the 2009 \n    agreement following the Israeli withdrawal from Gaza, as well as \n    measures to protect against weapons smuggling and terrorist threats \n    from the Sinai Peninsula.\n        (7) Offer the Air Force of Israel additional training and \n    exercise opportunities in the United States to compensate for \n    Israel's limited air space.\n        (8) Work to encourage an expanded role for Israel with the \n    North Atlantic Treaty Organization (NATO), including an enhanced \n    presence at NATO headquarters and exercises.\n        (9) Expand already-close intelligence cooperation, including \n    satellite intelligence, with Israel.\nSEC. 5. ADDITIONAL STEPS TO DEFEND ISRAEL AND PROTECT AMERICAN \nINTERESTS.\n    (a) Extension of War Reserves Stockpile Authority.--\n        (1) Department of defense appropriations act, 2005.--Section \n    12001(d) of the Department of Defense Appropriations Act, 2005 \n    (Public Law 108-287; 118 Stat. 1011) is amended by striking ``more \n    than 8 years after'' and inserting ``more than 10 years after''.\n        (2) Foreign assistance act of 1961.--Section 514(b)(2)(A) of \n    the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is \n    amended by striking ``fiscal years 2011 and 2012'' and inserting \n    ``fiscal years 2013 and 2014''.\n    (b) Extension of Loan Guarantees to Israel.--Chapter 5 of title I \nof the Emergency Wartime Supplemental Appropriations Act, 2003 (Public \nLaw 108-11; 117 Stat. 576) is amended under the heading ``Loan \nGuarantees to Israel''--\n        (1) in the matter preceding the first proviso, by striking \n    ``September 30, 2011'' and inserting ``September 30, 2015''; and\n        (2) in the second proviso, by striking ``September 30, 2011'' \n    and inserting ``September 30, 2015''.\nSEC. 6. REPORTS REQUIRED.\n    (a) Report on Israel's Qualitative Military Edge (QME).--\n        (1) In general.--Not later than 180 days after the date of the \n    enactment of this Act, the President shall submit to the Committee \n    on Foreign Relations of the Senate and the Committee on Foreign \n    Affairs of the House of Representatives a report on the status of \n    Israel's qualitative military edge in light of current trends and \n    instability in the region.\n        (2) Substitution for quadrennial report.--If submitted within \n    one year of the date that the first quadrennial report required by \n    section 201(c)(2) of the Naval Vessel Transfer Act of 2008 (Public \n    Law 110-429; 22 U.S.C. 2776 note) is due to be submitted, the \n    report required by paragraph (1) may substitute for such \n    quadrennial report.\n    (b) Reports on Other Matters.--Not later than 180 days after the \ndate of the enactment of this Act, the President shall submit to the \nappropriate congressional committees a report on each of the following \nmatters:\n        (1) Taking into account the Government of Israel's urgent \n    requirement for F-35 aircraft, actions to improve the process \n    relating to its purchase of F-35 aircraft, particularly with \n    respect to cost efficiency and timely delivery.\n        (2) Efforts to expand cooperation between the United States and \n    Israel in homeland security, counter-terrorism, maritime security, \n    energy, cyber-security, and other related areas.\n        (3) Actions to integrate Israel into the defense of the Eastern \n    Mediterranean.\nSEC. 7. DEFINITIONS.\n    In this Act:\n        (1) Appropriate congressional committees.--The term \n    ``appropriate congressional committees'' means--\n            (A) the Committee on Appropriations, the Committee on Armed \n        Services, the Committee on Foreign Relations, and the Select \n        Committee on Intelligence of the Senate; and\n            (B) the Committee on Appropriations, the Committee on Armed \n        Services, the Committee on Foreign Affairs, and the Permanent \n        Select Committee on Intelligence of the House of \n        Representatives.\n        (2) Qualitative military edge.--The term ``qualitative military \n    edge'' has the meaning given the term in section 36(h)(2) of the \n    Arms Export Control Act (22 U.S.C. 2776(h)(2)).\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c468","text":"SECTION 1. SHORT TITLE.\n    This Act may be cited as the ``Veterans Mobility Safety Act of \n2016''.\nSEC. 2. PERSONAL SELECTIONS OF AUTOMOBILES AND ADAPTIVE EQUIPMENT.\n    Section 3903(b) of title 38, United States Code, is amended--\n        (1) by striking ``Except'' and inserting ``(1) Except''; and\n        (2) by adding at the end the following new paragraph:\n    ``(2) The Secretary shall ensure that to the extent practicable an \neligible person who is provided an automobile or other conveyance under \nthis chapter is given the opportunity to make personal selections \nrelating to such automobile or other conveyance.''.\nSEC. 3. COMPREHENSIVE POLICY FOR THE AUTOMOBILES ADAPTIVE EQUIPMENT \nPROGRAM.\n    (a) Comprehensive Policy.--The Secretary of Veterans Affairs shall \ndevelop a comprehensive policy regarding quality standards for \nproviders who provide modification services to veterans under the \nautomobile adaptive equipment program.\n    (b) Scope.--The policy developed under subsection (a) shall cover \neach of the following:\n        (1) The Department of Veterans Affairs-wide management of the \n    automobile adaptive equipment program.\n        (2) The development of standards for safety and quality of \n    equipment and installation of equipment through the automobile \n    adaptive equipment program, including with respect to the defined \n    differentiations in levels of modification complexity.\n        (3) The consistent application of standards for safety and \n    quality of both equipment and installation throughout the \n    Department.\n        (4) In accordance with subsection (c)(1), the certification of \n    a provider by a manufacturer if the Secretary designates the \n    quality standards of such manufacturer as meeting or exceeding the \n    standards developed under this section.\n        (5) In accordance with subsection (c)(2), the certification of \n    a provider by a third party, nonprofit organization if the \n    Secretary designates the quality standards of such organization as \n    meeting or exceeding the standards developed under this section.\n        (6) The education and training of personnel of the Department \n    who administer the automobile adaptive equipment program.\n        (7) The compliance of the provider with the Americans with \n    Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) when furnishing \n    automobile adaptive equipment at the facility of the provider.\n        (8) The allowance, where technically appropriate, for veterans \n    to receive modifications at their residence or location of choice, \n    including standards that ensure such receipt and notification to \n    veterans of the availability of such receipt.\n    (c) Certification of Manufacturers and Third Party, Nonprofit \nOrganizations.--\n        (1) Certification of manufacturers.--The Secretary shall \n    approve a manufacturer as a certifying manufacturer for purposes of \n    subsection (b)(4), if the manufacturer demonstrates that its \n    certification standards meet or exceed the quality standards \n    developed under this section.\n        (2) Certification of third party, nonprofit organizations.--\n            (A) In general.--The Secretary may approve two or more \n        private, nonprofit organizations as third party, nonprofit \n        certifying organizations for purposes of subsection (b)(5).\n            (B) Limitation.--If at any time there is only one third \n        party, nonprofit certifying organization approved by the \n        Secretary for purposes of subsection (b)(5), such organization \n        shall not be permitted to provide certifications under such \n        subsection until such time as the Secretary approves a second \n        third party, nonprofit certifying organization for purposes of \n        such subsection.\n    (d) Updates.--\n        (1) Initial updates.--Not later than 1 year after the date of \n    the enactment of this Act, the Secretary shall update Veterans \n    Health Administration Handbook 1173.4, or any successor handbook or \n    directive, in accordance with the policy developed under subsection \n    (a).\n        (2) Subsequent updates.--Not less frequently than once every 6 \n    years thereafter, the Secretary shall update such handbook, or any \n    successor handbook or directive.\n    (e) Consultation.--The Secretary shall develop the policy under \nsubsection (a), and revise such policy under subsection (d), in \nconsultation with veterans service organizations, the National Highway \nTransportation Administration, industry representatives, manufacturers \nof automobile adaptive equipment, and other entities with expertise in \ninstalling, repairing, replacing, or manufacturing mobility equipment \nor developing mobility accreditation standards for automobile adaptive \nequipment.\n    (f) Conflicts.--In developing and implementing the policy under \nsubsection (a), the Secretary shall--\n        (1) minimize the possibility of conflicts of interest, to the \n    extent practicable; and\n        (2) establish procedures that ensure against the use of a \n    certifying organization referred to in subsection (b)(5) that has a \n    financial conflict of interest regarding the certification of an \n    eligible provider.\n    (g) Biennial Report.--\n        (1) In general.--Not later than 1 year after the date on which \n    the Secretary updates Veterans Health Administration Handbook \n    1173.4, or any successor handbook or directive, under subsection \n    (d), and not less frequently than once every other year thereafter \n    through 2022, the Secretary shall submit to the Committee on \n    Veterans' Affairs of the Senate and the Committee on Veterans' \n    Affairs of the House of Representatives a report on the \n    implementation and facility compliance with the policy developed \n    under subsection (a).\n        (2) Contents.--The report required by paragraph (1) shall \n    include the following:\n            (A) A description of the implementation plan for the policy \n        developed under subsection (a) and any revisions to such policy \n        under subsection (d).\n            (B) A description of the performance measures used to \n        determine the effectiveness of such policy in ensuring the \n        safety of veterans enrolled in the automobile adaptive \n        equipment program.\n            (C) An assessment of safety issues due to improper \n        installations based on a survey of recipients of adaptive \n        equipment from the Department.\n            (D) An assessment of the adequacy of the adaptive equipment \n        services of the Department based on a survey of recipients of \n        adaptive equipment from the Department.\n            (E) An assessment of the training provided to the personnel \n        of the Department with respect to administering the program.\n            (F) An assessment of the certified providers of the \n        Department of adaptive equipment with respect to meeting the \n        minimum standards developed under subsection (b)(2).\n    (h) Definitions.--In this section:\n        (1) Automobile adaptive equipment program.--The term \n    ``automobile adaptive equipment program'' means the program \n    administered by the Secretary of Veterans Affairs pursuant to \n    chapter 39 of title 38, United States Code.\n        (2) Veterans service organization.--The term ``veterans service \n    organization'' means any organization recognized by the Secretary \n    for the representation of veterans under section 5902 of title 38, \n    United States Code.\nSEC. 4. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN VETERANS \nHEALTH ADMINISTRATION.\n    (a) Licensed Hearing Aid Specialists.--\n        (1) Appointment.--Section 7401(3) of title 38, United States \n    Code, is amended by inserting ``licensed hearing aid specialists,'' \n    after ``Audiologists,''.\n        (2) Qualifications.--Section 7402(b)(14) of such title is \n    amended by inserting ``, hearing aid specialist'' after ``dental \n    technologist''.\n    (b) Requirements.--With respect to appointing hearing aid \nspecialists under sections 7401 and 7402 of title 38, United States \nCode, as amended by subsection (a), and providing services furnished by \nsuch specialists, the Secretary shall ensure that--\n        (1) a hearing aid specialist may only perform hearing services \n    consistent with the hearing aid specialist's State license related \n    to the practice of fitting and dispensing hearing aids without \n    excluding other qualified professionals, including audiologists, \n    from rendering services in overlapping practice areas;\n        (2) services provided to veterans by hearing aid specialists \n    shall be provided as part of the non-medical treatment plan \n    developed by an audiologist; and\n        (3) the medical facilities of the Department of Veterans \n    Affairs provide to veterans access to the full range of \n    professional services provided by an audiologist.\n    (c) Consultation.--In determining the qualifications required for \nhearing aid specialists and in carrying out subsection (b), the \nSecretary shall consult with veterans service organizations, \naudiologists, otolaryngologists, hearing aid specialists, and other \nstakeholder and industry groups as the Secretary determines \nappropriate.\n    (d) Annual Report.--\n        (1) In general.--Not later than 1 year after the date of the \n    enactment of this Act, and annually thereafter during the 5-year \n    period beginning on the date of the enactment of this Act, the \n    Secretary of Veterans Affairs shall submit to Congress a report on \n    the following:\n            (A) Timely access of veterans to hearing health services \n        through the Department of Veterans Affairs.\n            (B) Contracting policies of the Department with respect to \n        providing hearing health services to veterans in facilities \n        that are not facilities of the Department.\n        (2) Timely access to services.--Each report shall, with respect \n    to the matter specified in paragraph (1)(A) for the 1-year period \n    preceding the submittal of such report, include the following:\n            (A) The staffing levels of audiologists, hearing aid \n        specialists, and health technicians in audiology in the \n        Veterans Health Administration.\n            (B) A description of the metrics used by the Secretary in \n        measuring performance with respect to appointments and care \n        relating to hearing health.\n            (C) The average time that a veteran waits to receive an \n        appointment, beginning on the date on which the veteran makes \n        the request, for the following:\n                (i) A disability rating evaluation for a hearing-\n            related disability.\n                (ii) A hearing aid evaluation.\n                (iii) Dispensing of hearing aids.\n                (iv) Any follow-up hearing health appointment.\n            (D) The percentage of veterans whose total wait time for \n        appointments described in subparagraph (C), including an \n        initial and follow-up appointment, if applicable, is more than \n        30 days.\n        (3) Contracting policies.--Each report shall, with respect to \n    the matter specified in paragraph (1)(B) for the 1-year period \n    preceding the submittal of such report, include the following:\n            (A) The number of veterans that the Secretary refers to \n        non-Department audiologists for hearing health care \n        appointments.\n            (B) The number of veterans that the Secretary refers to \n        non-Department hearing aid specialists for follow-up \n        appointments for a hearing aid evaluation, the dispensing of \n        hearing aids, or any other purpose relating to hearing health.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c469","text":"SECTION 1. SHORT TITLE; ETC.\n\n    (a) Short Title.--This Act may be cited as the ``Economic Growth \nand Tax Relief Act of 2001''.\n    (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n    (c) Section 15 Not To Apply.--No amendment made by section 2 shall \nbe treated as a change in a rate of tax for purposes of section 15 of \nthe Internal Revenue Code of 1986.\n\nSEC. 2. REDUCTION IN INCOME TAX RATES FOR INDIVIDUALS.\n\n    (a) In General.--Section 1 is amended by adding at the end the \nfollowing new subsection:\n    ``(i) Rate Reductions After 2000.--\n            ``(1) New lowest rate bracket.--\n                    ``(A) In general.--In the case of taxable years \n                beginning after December 31, 2000--\n                            ``(i) the rate of tax under subsections \n                        (a), (b), (c), and (d) on taxable income not \n                        over the initial bracket amount shall be 12 \n                        percent (as modified by paragraph (2)), and\n                            ``(ii) the 15 percent rate of tax shall \n                        apply only to taxable income over the initial \n                        bracket amount.\n                    ``(B) Initial bracket amount.--For purposes of this \n                subsection, the initial bracket amount is--\n                            ``(i) $12,000 in the case of subsection \n                        (a),\n                            ``(ii) $10,000 in the case of subsection \n                        (b), and\n                            ``(iii) \\1\/2\\ the amount applicable under \n                        clause (i) in the case of subsections (c) and \n                        (d).\n                    ``(C) Inflation adjustment.--In prescribing the \n                tables under subsection (f) which apply with respect to \n                taxable years beginning in calendar years after 2001--\n                            ``(i) the Secretary shall make no \n                        adjustment to the initial bracket amount for \n                        any taxable year beginning before January 1, \n                        2007,\n                            ``(ii) the cost-of-living adjustment used \n                        in making adjustments to the initial bracket \n                        amount for any taxable year beginning after \n                        December 31, 2006, shall be determined under \n                        subsection (f)(3) by substituting `2005' for \n                        `1992' in subparagraph (B) thereof, and\n                            ``(iii) such adjustment shall not apply to \n                        the amount referred to in subparagraph \n                        (B)(iii).\n                If any amount after adjustment under the preceding \n                sentence is not a multiple of $50, such amount shall be \n                rounded to the next lowest multiple of $50.\n            ``(2) Reductions in rates after 2001.--In the case of \n        taxable years beginning in a calendar year after 2001, the \n        corresponding percentage specified for such calendar year in \n        the following table shall be substituted for the otherwise \n        applicable tax rate in the tables under subsections (a), (b), \n        (c), (d), and, to the extent applicable, (e).\n\n\n------------------------------------------------------------------------\n           ``In the case of     The corresponding percentages shall be\n            taxable years    substituted for  the following percentages:\n           beginning during --------------------------------------------\n            calendar year:     12%      28%      31%      36%     39.6%\n------------------------------------------------------------------------\n          2002.............    12%      27%      30%      35%      38%\n          2003.............    11%      27%      29%      35%      37%\n          2004.............    11%      26%      28%      34%      36%\n          2005.............    11%      26%      27%      34%      35%\n          2006 and             10%      25%      25%      33%      33%\n           thereafter.\n------------------------------------------------------------------------\n\n            ``(3) Adjustment of tables.--The Secretary shall adjust the \n        tables prescribed under subsection (f) to carry out this \n        subsection.''.\n    (b) Repeal of Reduction of Refundable Tax Credits.--\n            (1) Subsection (d) of section 24 is amended by striking \n        paragraph (2) and redesignating paragraph (3) as paragraph (2).\n            (2) Section 32 is amended by striking subsection (h).\n    (c) Conforming Amendments.--\n            (1) Subparagraph (B) of section 1(g)(7) is amended--\n                    (A) by striking ``15 percent'' in clause (ii)(II) \n                and inserting ``the first bracket percentage'', and\n                    (B) by adding at the end the following flush \n                sentence:\n                ``For purposes of clause (ii), the first bracket \n                percentage is the percentage applicable to the lowest \n                income bracket in the table under subsection (c).''\n            (2) Section 1(h) is amended--\n                    (A) by striking ``28 percent'' both places it \n                appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and \n                inserting ``25 percent'', and\n                    (B) by striking paragraph (13).\n            (3) Section 15 is amended by adding at the end the \n        following new subsection:\n    ``(f) Rate Reductions Enacted by Economic Growth and Tax Relief Act \nof 2001.--This section shall not apply to any change in rates under \nsubsection (i) of section 1 (relating to rate reductions after \n2000).''.\n            (4) Section 531 is amended by striking ``equal to'' and all \n        that follows and inserting ``equal to the product of the \n        highest rate of tax under section 1(c) and the accumulated \n        taxable income.''.\n            (5) Section 541 is amended by striking ``equal to'' and all \n        that follows and inserting ``equal to the product of the \n        highest rate of tax under section 1(c) and the undistributed \n        personal holding company income.''.\n            (6) Section 3402(p)(1)(B) is amended by striking ``7, 15, \n        28, or 31 percent'' and inserting ``7 percent, any percentage \n        applicable to any of the 3 lowest income brackets in the table \n        under section 1(c),''.\n            (7) Section 3402(p)(2) is amended by striking ``equal to 15 \n        percent of such payment'' and inserting ``equal to the product \n        of the lowest rate of tax under section 1(c) and such \n        payment''.\n            (8) Section 3402(q)(1) is amended by striking ``equal to 28 \n        percent of such payment'' and inserting ``equal to the product \n        of the third to the lowest rate of tax under section 1(c) and \n        such payment''.\n            (9) Section 3402(r)(3) is amended by striking ``31 \n        percent'' and inserting ``the third to the lowest rate of tax \n        under section 1(c)''.\n            (10) Section 3406(a)(1) is amended by striking ``equal to \n        31 percent of such payment'' and inserting ``equal to the \n        product of the third to the lowest rate of tax under section \n        1(c) and such payment''.\n            (11) Section 13273 of the Revenue Reconciliation Act of \n        1993 is amended by striking ``28 percent'' and inserting ``the \n        third to the lowest rate of tax under section 1(c) of the \n        Internal Revenue Code of 1986''.\n    (d) Effective Dates.--\n            (1) In general.--Except as provided in paragraph (2), the \n        amendments made by this section shall apply to taxable years \n        beginning after December 31, 2000.\n            (2) Amendments to withholding provisions.--The amendments \n        made by paragraphs (6), (7), (8), (9), (10), and (11) of \n        subsection (c) shall apply to amounts paid after the 60th day \n        after the date of the enactment of this Act.\n\nSEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE.\n\n    The amounts transferred to any trust fund under the Social Security \nAct shall be determined as if this Act had not been enacted.\n\n            Passed the House of Representatives March 8, 2001.\n\n            Attest:\n\n                                                 JEFF TRANDAHL,\n\n                                                                 Clerk.","title":""}
+{"_id":"c47","text":"SECTION 1. PILOT PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN THE \n              STANISLAUS RIVER, CALIFORNIA.\n\n    (a) Establishment of Nonnative Predator Fish Removal Pilot \nProgram.--The Secretary of Commerce and the districts, in consultation \nwith the United States Fish and Wildlife Service, shall jointly develop \nand conduct a nonnative predator fish removal pilot program to remove \nnonnative striped bass, smallmouth bass, largemouth bass, black bass, \nand other nonnative predator fishes from the Stanislaus River, \nCalifornia. The pilot program shall--\n            (1) be scientifically based;\n            (2) include methods to quantify the number and size of \n        predator fishes removed each year, the impact of such removal \n        on the overall abundance of predator fishes, and the impact of \n        such removal on the populations of juvenile anadromous fish \n        found in the Stanislaus River by, among other things, \n        evaluating the number of juvenile anadromous fish that migrate \n        past the rotary screw trap located at Caswell;\n            (3) among other methods, use wire fyke trapping, portable \n        resistance board weirs, and boat electrofishing;\n            (4) be developed, including the application for all \n        necessary scientific research and species enhancement permits \n        under section 10(a)(1) of the Endangered Species Act of 1973 \n        (16 U.S.C. 1539(a)(1)) for the performance of the pilot \n        program, not later than 6 months after the date of the \n        enactment of this Act;\n            (5) be implemented as quickly as possible following the \n        issuance of all necessary scientific research and species \n        enhancement permits needed to begin the pilot program; and\n            (6) be implemented for a period of 7 consecutive calendar \n        years.\n    (b) Management.--The management of the pilot program shall be the \njoint responsibility of the Secretary and the districts. Such parties \nshall work collaboratively to ensure the performance of the pilot \nprogram, and shall discuss and agree upon, among other things, changes \nin the structure, management, personnel, techniques, strategy, data \ncollection, reporting, and conduct of the pilot program.\n    (c) Conduct.--\n            (1) In general.--By agreement between the Secretary and the \n        districts, the pilot program may be conducted by their own \n        personnel, qualified private contractors hired by the \n        districts, personnel of, on loan to, or otherwise assigned to \n        the National Marine Fisheries Service, or a combination \n        thereof.\n            (2) Participation by the national marine fisheries \n        service.--If the districts elect to conduct the program using \n        their own personnel or qualified private contractors hired by \n        them in accordance with paragraph (1), the Secretary may assign \n        an employee of, on loan to, or otherwise assigned to the \n        National Marine Fisheries Service, to be present for all \n        activities performed in the field. Such presence shall ensure \n        compliance with the agreed-upon elements specified in \n        subsection (b). The districts shall pay the cost of such \n        participation in accordance with subsection (d).\n            (3) Timing of election.--The districts shall notify the \n        Secretary of their election on or before October 15 of each \n        calendar year of the pilot program. Such an election shall \n        apply to the work performed in the subsequent calendar year.\n    (d) Funding.--\n            (1) In general.--The districts shall be responsible for 100 \n        percent of the cost of the pilot program.\n            (2) Contributed funds.--The Secretary may accept and use \n        contributions of funds from the districts to carry out \n        activities under the pilot program.\n            (3) Estimation of cost.--On or before December 1 of each \n        year of the pilot program, the Secretary shall submit to the \n        districts an estimate of the cost to be incurred by the \n        National Marine Fisheries Service for the pilot program in the \n        following calendar year, if any, including the cost of any data \n        collection and posting under subsection (e). If an amount equal \n        to the estimate is not provided through contributions pursuant \n        to paragraph (2) before December 31 of that year--\n                    (A) the Secretary shall have no obligation to \n                conduct the pilot program activities otherwise \n                scheduled for such following calendar year until such \n                amount is contributed by the districts; and\n                    (B) the districts may not conduct any aspect of the \n                pilot program until such amount is contributed by the \n                districts.\n            (4) Accounting.--On or before September 1 of each year, the \n        Secretary shall provide to the districts an accounting of the \n        costs incurred by the Secretary for the pilot program in the \n        preceding calendar year. If the amount contributed by the \n        districts pursuant to paragraph (2) for that year was greater \n        than the costs incurred by the Secretary, the Secretary shall--\n                    (A) apply the excess contributions to costs of \n                activities to be performed by the Secretary under the \n                pilot program, if any, in the next calendar year; or\n                    (B) if no such activities are to be performed, \n                repay the excess contribution to the districts.\n    (e) Reporting and Evaluation.--\n            (1) In general.--On or before the 15th day of each month, \n        the Secretary shall post on the Internet website of the \n        National Marine Fisheries Service a tabular summary of the raw \n        data collected under the pilot program in the preceding month.\n            (2) Report.--On or before June 30 of the year following the \n        completion of the pilot program, the Secretary and the \n        districts shall jointly submit for peer review a report that--\n                    (A) discusses the findings and conclusions of the \n                pilot program;\n                    (B) synthesizes the data collected under paragraph \n                (1); and\n                    (C) makes recommendations for further study and \n                action.\n    (f) Permits Process.--\n            (1) Requirement.--Not later than 180 days after the filing \n        by the Secretary and the districts of an application for \n        scientific research and species enhancement permits under \n        section 10(a)(1) of the Endangered Species Act of 1973 (16 \n        U.S.C. 1539(a)(1)) for the pilot program, the Secretary of the \n        Interior, the Secretary of Commerce, or both, as appropriate, \n        shall issue to the National Marine Fisheries Service and the \n        districts all such permits that are necessary for the \n        performance of the pilot program. Each such permit shall \n        authorize activities under the permits to be carried out by the \n        districts and by the National Marine Fisheries Service.\n            (2) Delegation of authority.--The districts and the \n        Secretary may delegate the authority to conduct activities \n        under such permits to any qualified private contractor retained \n        in accordance with subsection (c).\n            (3) Failure to issue permits.--The pilot program, including \n        amendments thereto by the appropriate Federal agencies, shall \n        constitute a conservation plan that complies with section \n        10(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. \n        1539(a)(2)) if the Secretaries have not carried out paragraph \n        (1) within 270 days after the filling of an application in \n        accordance with such paragraph.\n            (4) Treatment of striped bass.--For purposes of the \n        application of the Central Valley Project Improvement Act \n        (title III of Public Law 102-575) with respect to the pilot \n        program, striped bass shall not be treated as anadromous fish.\n    (g) NEPA.--\n            (1) Limitation on application.--If the Secretaries have not \n        carried out subsection (f)(1) within 365 days after the filing \n        by the Secretary of Commerce and the districts of an \n        application referred to in that subsection, section 102(2)(C) \n        of the National Environmental Policy Act of 1969 (42 U.S.C. \n        4332(2)(C)) shall not apply with respect to this section and \n        the issuance of any permit under this section, during the 7-\n        year period beginning on the date of the submission of such \n        application.\n            (2) Emergency environmental reviews.--The Secretary of the \n        Interior and the Secretary of Commerce shall consult with the \n        Council on Environmental Quality in accordance with section \n        1506.11 of title 40, Code of Federal Regulations (including \n        successor regulations) to develop alternative arrangements to \n        comply with the National Environmental Policy Act of 1969 (42 \n        U.S.C. 4321 et seq.), as necessary to expedite the benefits of \n        the pilot program for the conservation of threatened species \n        and endangered species.\n    (h) Definitions.--For the purposes of this section:\n            (1) Districts.--The term ``districts'' means the Oakdale \n        Irrigation District and the South San Joaquin Irrigation \n        District, California.\n            (2) Pilot program.--The term ``pilot program'' means the \n        nonnative predator fish removal pilot program established under \n        this section.\n            (3) Secretary of commerce.--The term ``Secretary of \n        Commerce'' means the Secretary of Commerce acting through the \n        National Marine Fisheries Service.\n    (i) State Law Preempted.--\n            (1) In general.--Any restriction imposed under California \n        law on the catch, take, or harvest of any nonnative or \n        introduced aquatic or terrestrial species that preys upon \n        anadromous fish and that occupies or is found in the Stanislaus \n        River, or the permitting thereof, is hereby void and is \n        preempted.\n            (2) State permits not required.--Neither the districts nor \n        the Secretaries are required to obtain a Scientific Collection \n        Permit or any other permit or authorization from the California \n        Department of Fish and Wildlife or any other division or \n        instrumentality of the State of California pursuant to section \n        1002(a) of the California Fish and Game Code, section 5514(a) \n        of the California Fish and Game Code, section 650 or title 14 \n        of the California Code of Regulations, or any other provision \n        of California law to implement any aspect of the pilot program.\n    (j) Sunset.--The authorities provided under this section shall \nexpire 7 years after date of the issuance of the permits referred to in \nsubsection (f)(1).","title":""}
+{"_id":"c470","text":"SECTION 1. SHORT TITLE; ETC.\n\n    (a) Short Title.--This Act may be cited as the ``Growing Our \nManufacturing Employment Act'' or the ``GoMe Act''.\n    (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n\nSEC. 2. MANUFACTURER'S JOBS CREDIT.\n\n    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 \n(relating to business-related credits) is amended by adding at the end \nthe following:\n\n``SEC. 45O. MANUFACTURER'S JOBS CREDIT.\n\n    ``(a) General Rule.--For purposes of section 38, in the case of an \neligible taxpayer, the manufacturer's jobs credit determined under this \nsection is an amount equal to the lesser of the following:\n            ``(1) The excess of the W-2 wages paid by the taxpayer \n        during the taxable year over the W-2 wages paid by the taxpayer \n        during the preceding taxable year.\n            ``(2) The W-2 wages paid by the taxpayer during the taxable \n        year to any employee who is an eligible TAA recipient (as \n        defined in section 35(c)(2)) or an eligible alternative TAA \n        recipient (as defined in section 35(c)(3)) for any month during \n        such taxable year.\n            ``(3) 31.7 percent of the W-2 wages paid by the taxpayer \n        during the taxable year.\n    ``(b) Limitation.--The amount of credit determined under subsection \n(a) shall be reduced by an amount which bears the same ratio to the \namount of the credit (determined without regard to this subsection) \nas--\n            ``(1) the excess of the W-2 wages paid by the taxpayer to \n        employees outside the United States during the taxable year \n        over such wages paid during the most recent taxable year ending \n        before the date of the enactment of this section, bears to\n            ``(2) the excess of the W-2 wages paid by the taxpayer to \n        employees within the United States during the taxable year over \n        such wages paid during such most recent taxable year.\n    ``(c) Eligible Taxpayer.--For purposes of this section, the term \n`eligible taxpayer' means any taxpayer--\n            ``(1) which has domestic production gross receipts for the \n        taxable year and the preceding taxable year, and\n            ``(2) which is not treated at any time during the taxable \n        year as an inverted domestic corporation under section 7874.\n    ``(d) Definitions.--For purposes of this section, W-2 wages and \ndomestic production gross receipts shall be determined in the same \nmanner as under section 199.\n    ``(e) Certain Rules Made Applicable.--For purposes of this section, \nrules similar to the rules of section 52 shall apply.\n    ``(f) Termination.--This section shall not apply to any taxable \nyear beginning after December 31, 2009.''.\n    (b) Credit To Be Part of General Business Credit.--Section 38(b) \n(relating to current year business credit) is amended by striking \n``plus'' at the end of paragraph (30), by striking the period at the \nend of paragraph (31) and inserting ``, plus'', and by adding at the \nend the following:\n            ``(32) the manufacturer's jobs credit determined under \n        section 45O.''.\n    (c) Clerical Amendment.--The table of sections for subpart D of \npart IV of subchapter A of chapter 1 is amended by adding at the end \nthe following:\n\n``Sec. 45O. Manufacturer's jobs credit''.\n    (d) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after December 31, 2007.\n\nSEC. 3. EXTENSION OF RESEARCH CREDIT.\n\n    (a) In General.--Section 41(h)(1)(B) is amended by striking \n``2007'' and inserting ``2012''.\n    (b) Conforming Amendment.--Section 45C(b)(1)(D) is amended by \nstriking ``2007'' and inserting ``2012''.\n    (c) Effective Date.--The amendments made by this section shall \napply to amounts paid or incurred after December 31, 2007.\n\nSEC. 4. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE.\n\n    (a) In General.--Section 7701 is amended by redesignating \nsubsection (p) as subsection (q) and by inserting after subsection (o) \nthe following new subsection:\n    ``(p) Clarification of Economic Substance Doctrine; Etc.--\n            ``(1) General rules.--\n                    ``(A) In general.--In any case in which a court \n                determines that the economic substance doctrine is \n                relevant for purposes of this title to a transaction \n                (or series of transactions), such transaction (or \n                series of transactions) shall have economic substance \n                only if the requirements of this paragraph are met.\n                    ``(B) Definition of economic substance.--For \n                purposes of subparagraph (A)--\n                            ``(i) In general.--A transaction has \n                        economic substance only if--\n                                    ``(I) the transaction changes in a \n                                meaningful way (apart from Federal tax \n                                effects) the taxpayer's economic \n                                position, and\n                                    ``(II) the taxpayer has a \n                                substantial nontax purpose for entering \n                                into such transaction and the \n                                transaction is a reasonable means of \n                                accomplishing such purpose.\n                        In applying subclause (II), a purpose of \n                        achieving a financial accounting benefit shall \n                        not be taken into account in determining \n                        whether a transaction has a substantial nontax \n                        purpose if the origin of such financial \n                        accounting benefit is a reduction of income \n                        tax.\n                            ``(ii) Special rule where taxpayer relies \n                        on profit potential.--A transaction shall not \n                        be treated as having economic substance by \n                        reason of having a potential for profit \n                        unless--\n                                    ``(I) the present value of the \n                                reasonably expected pre-tax profit from \n                                the transaction is substantial in \n                                relation to the present value of the \n                                expected net tax benefits that would be \n                                allowed if the transaction were \n                                respected, and\n                                    ``(II) the reasonably expected pre-\n                                tax profit from the transaction exceeds \n                                a risk-free rate of return.\n                    ``(C) Treatment of fees and foreign taxes.--Fees \n                and other transaction expenses and foreign taxes shall \n                be taken into account as expenses in determining pre-\n                tax profit under subparagraph (B)(ii).\n            ``(2) Special rules for transactions with tax-indifferent \n        parties.--\n                    ``(A) Special rules for financing transactions.--\n                The form of a transaction which is in substance the \n                borrowing of money or the acquisition of financial \n                capital directly or indirectly from a tax-indifferent \n                party shall not be respected if the present value of \n                the deductions to be claimed with respect to the \n                transaction is substantially in excess of the present \n                value of the anticipated economic returns of the person \n                lending the money or providing the financial capital. A \n                public offering shall be treated as a borrowing, or an \n                acquisition of financial capital, from a tax-\n                indifferent party if it is reasonably expected that at \n                least 50 percent of the offering will be placed with \n                tax-indifferent parties.\n                    ``(B) Artificial income shifting and basis \n                adjustments.--The form of a transaction with a tax-\n                indifferent party shall not be respected if--\n                            ``(i) it results in an allocation of income \n                        or gain to the tax-indifferent party in excess \n                        of such party's economic income or gain, or\n                            ``(ii) it results in a basis adjustment or \n                        shifting of basis on account of overstating the \n                        income or gain of the tax-indifferent party.\n            ``(3) Definitions and special rules.--For purposes of this \n        subsection--\n                    ``(A) Economic substance doctrine.--The term \n                `economic substance doctrine' means the common law \n                doctrine under which tax benefits under subtitle A with \n                respect to a transaction are not allowable if the \n                transaction does not have economic substance or lacks a \n                business purpose.\n                    ``(B) Tax-indifferent party.--The term `tax-\n                indifferent party' means any person or entity not \n                subject to tax imposed by subtitle A. A person shall be \n                treated as a tax-indifferent party with respect to a \n                transaction if the items taken into account with \n                respect to the transaction have no substantial impact \n                on such person's liability under subtitle A.\n                    ``(C) Exception for personal transactions of \n                individuals.--In the case of an individual, this \n                subsection shall apply only to transactions entered \n                into in connection with a trade or business or an \n                activity engaged in for the production of income.\n                    ``(D) Treatment of lessors.--In applying paragraph \n                (1)(B)(ii) to the lessor of tangible property subject \n                to a lease--\n                            ``(i) the expected net tax benefits with \n                        respect to the leased property shall not \n                        include the benefits of--\n                                    ``(I) depreciation,\n                                    ``(II) any tax credit, or\n                                    ``(III) any other deduction as \n                                provided in guidance by the Secretary, \n                                and\n                            ``(ii) subclause (II) of paragraph \n                        (1)(B)(ii) shall be disregarded in determining \n                        whether any of such benefits are allowable.\n            ``(4) Other common law doctrines not affected.--Except as \n        specifically provided in this subsection, the provisions of \n        this subsection shall not be construed as altering or \n        supplanting any other rule of law, and the requirements of this \n        subsection shall be construed as being in addition to any such \n        other rule of law.\n            ``(5) Regulations.--The Secretary shall prescribe such \n        regulations as may be necessary or appropriate to carry out the \n        purposes of this subsection. Such regulations may include \n        exemptions from the application of this subsection.''.\n    (b) Effective Date.--The amendments made by this section shall \napply to transactions entered into after the date of the enactment of \nthis Act.","title":""}
+{"_id":"c471","text":"SECTION 1. SHORT TITLE; ETC.\n\n    (a) Short Title.--This Act may be cited as the ``Renewable Energy \nInvestment Act of 2009''.\n    (b) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this subtitle an amendment or repeal is expressed \nin terms of an amendment to, or repeal of, a section or other \nprovision, the reference shall be considered to be made to a section or \nother provision of the Internal Revenue Code of 1986.\n    (c) Table of Contents.--\n\nSec. 1. Short title; etc.\n                TITLE I--INVESTMENT IN RENEWABLE ENERGY\n\nSec. 101. Extension of renewable electricity production credit.\nSec. 102. Expansion and extension of new clean renewable energy bonds.\nSec. 103. Extension of investment tax credit for certain energy \n                            property.\nSec. 104. Increase in credit for investment in advanced energy \n                            facilities.\n           TITLE II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY\n\nSec. 201. Extension of credits for alcohol fuels.\nSec. 202. Extension of credits for biodiesel and renewable diesel.\n                    TITLE III--INVESTMENT IN ETHANOL\n\nSec. 301. Research in and development of fungible biofuels.\n\n                TITLE I--INVESTMENT IN RENEWABLE ENERGY\n\nSEC. 101. EXTENSION OF RENEWABLE ELECTRICITY PRODUCTION CREDIT.\n\n    (a) In General.--Subsection (d) of section 45 is amended--\n            (1) by striking ``January 1, 2013'' in paragraph (1) and \n        inserting ``January 1, 2015'', and\n            (2) by striking ``January 1, 2014'' each place it appears \n        in paragraphs (2), (3), (4), (6), (7), (9), and (11)(B) and \n        inserting ``January 1, 2015''.\n    (b) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.\n\nSEC. 102. EXPANSION AND EXTENSION OF NEW CLEAN RENEWABLE ENERGY BONDS.\n\n    (a) In General.--Paragraph (2) of section 54C(c) is amended by \ninserting ``, for calendar years 2011, 2012, 2013, and 2014, an \nadditional $500,000,000 for each year, and, except as provided in \nparagraph (5) for years after 2014, zero,'' after ``$800,000,000''.\n    (b) Carryover of Unused Limitation.--Subsection (c) of section 54C \nis amended by adding at the end the following new paragraph:\n            ``(5) Carryover of unused limitation.--If for any calendar \n        year--\n                    ``(A) the amount allocated under paragraph (2) for \n                such calendar year, exceeds\n                    ``(B) the amount of bonds issued during such year \n                which are designated under subsection (a) pursuant to \n                such allocation,\n        then the limitation amount under paragraph (2) for the \n        following calendar year shall be increased by the amount of \n        such excess.''.\n    (c) Effective Date.--The amendments made by this section shall \napply to bonds issued after December 31, 2010.\n\nSEC. 103. EXTENSION OF INVESTMENT TAX CREDIT FOR CERTAIN ENERGY \n              PROPERTY.\n\n    (a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) \nof section 48(a) are each amended by striking ``January 1, 2017'' and \ninserting ``January 1, 2019''.\n    (b) Fuel Cell Property.--Subparagraph (D) of section 48(c)(1) is \namended by striking ``December 31, 2016'' and inserting ``December 31, \n2018''.\n    (c) Qualified Small Wind Energy Property.--Subparagraph (C) of \nsection 48(c)(4) is amended by striking ``December 31, 2016'' and \ninserting ``December 31, 2018''.\n    (d) Geothermal Heat Pump Systems.--Clause (vii) of section \n48(a)(3)(A) is amended by striking ``January 1, 2017'' and inserting \n``January 1, 2019''.\n    (e) Effective Date.--The amendments made by this section shall \napply to property placed in service after the date of the enactment of \nthis Act.\n\nSEC. 104. INCREASE IN CREDIT FOR INVESTMENT IN ADVANCED ENERGY \n              FACILITIES.\n\n    (a) In General.--Subparagraph (B) of section 48C(d)(1) is amended \nby striking ``$2,300,000,000'' and inserting ``$4,000,000,000''.\n    (b) Effective Date.--The amendment made by this section shall take \neffect as if included in the amendments made by section 1302 of the \nAmerican Recovery and Reinvestment Tax Act of 2009.\n\n           TITLE II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY\n\nSEC. 201. EXTENSION OF CREDITS FOR ALCOHOL FUELS.\n\n    (a) In General.--Sections 40, 6426(b)(6), and 6427(e)(6)(A) are \neach amended by striking ``2010'' each place it appears and inserting \n``2011''.\n    (b) Conforming Amendment.--Section 40(e)(1)(B) is amended by \nstriking ``2011'' and inserting ``2012''.\n    (c) Effective Date.--The amendments made by this section shall \napply to sales and uses after the date of the enactment of this Act.\n\nSEC. 202. EXTENSION OF CREDITS FOR BIODIESEL AND RENEWABLE DIESEL.\n\n    (a) In General.--Sections 40A(g), 6426(c)(6), and 6427(e)(6)(B) are \neach amended by striking ``December 31, 2009'' each place it appears \nand inserting ``December 31, 2011''.\n    (b) Effective Date.--The amendments made by this section shall \napply to sales and uses after the date of the enactment of this Act.\n\n                    TITLE III--INVESTMENT IN ETHANOL\n\nSEC. 301. RESEARCH IN AND DEVELOPMENT OF FUNGIBLE BIOFUELS.\n\n    There is authorized to be appropriated for advanced biofuels \nresearch, development, and demonstration that will create fuels that \nare fungible in existing infrastructure $100,000,000.","title":""}
+{"_id":"c472","text":"SECTION 1. SHORT TITLE; FINDING.\n\n    (a) Short Title.--This Act may be cited as the ``Young Child Tax \nCredit Act''.\n    (b) Findings.--Congress finds the following:\n            (1) Economists have found similar effects of the importance \n        of income in the earliest years with returns to school \n        achievement.\n            (2) Pediatricians and other child development experts have \n        long talked about the critical importance of the earliest years \n        of life.\n            (3) Young children, including babies and toddlers, are the \n        poorest people in the country by age.\n            (4) With the recent improvements signed into law in \n        December, together, the Child Tax Credit and Earned Income Tax \n        Credit now lift more children out of poverty than any other \n        Federal policies.\n            (5) Families with young children receive the smallest child \n        tax credits, despite the fact that the economic literature \n        suggests that these credits have particularly beneficial \n        effects for families with young children.\n            (6) Economists have found that large fluctuations in a \n        family's income can be detrimental to the development of young \n        children. Research on scarcity have found it is hard for \n        parents to focus on children if they are worrying about having \n        sufficient income to meet their family's needs.\n\nSEC. 2. YOUNG CHILD TAX CREDIT.\n\n    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 \nof the Internal Revenue Code of 1986 is amended by inserting after \nsection 36B the following new section:\n\n``SEC. 36C. YOUNG CHILD TAX CREDIT.\n\n    ``(a) In General.--In the case of an individual, there shall be \nallowed as a credit against the tax imposed by this subtitle for the \ntaxable year an amount equal to the product of--\n            ``(1) the applicable dollar amount, multiplied by\n            ``(2) the number of qualifying children of the taxpayer for \n        which the taxpayer is allowed a deduction under section 151 and \n        who (as of the close of such taxable year) have not attained \n        age 3.\n    ``(b) Applicable Dollar Amount.--For purposes of this section, the \nterm `applicable dollar amount' means with respect to any taxable year, \nthe product of--\n            ``(1) 1.5, multiplied by\n            ``(2) the dollar amount in effect under section 24(a) for \n        the taxable year.\n    ``(c) Limitation Based on Adjusted Gross Income.--\n            ``(1) In general.--The amount of the credit allowable under \n        subsection (a) shall be reduced (but not below zero) by the \n        phaseout amount for each $1,000 (or fraction thereof) by which \n        the taxpayer's modified adjusted gross income (as defined in \n        section 24(b)(1)) exceeds the threshold amount (as defined in \n        section 24(b)(2)).\n            ``(2) Phaseout amount.--For purposes of this subsection, \n        the term `phaseout amount' means 1.5 multiplied by the first \n        dollar amount in section 24(b)(1).\n    ``(d) Qualifying Child.--For purposes of this section, the term \n`qualifying child' has the meaning given such term by section 24(c).\n    ``(e) Identification Requirement.--No credit shall be allowed under \nthis section to a taxpayer with respect to any qualifying child unless \nthe taxpayer includes the name and taxpayer identification number of \nsuch qualifying child on the return of tax for the taxable year.\n    ``(f) Reconciliation of Credit and Advance Credit.--\n            ``(1) In general.--The amount of the credit allowed under \n        this section for any taxable year shall be reduced (but not \n        below zero) by the aggregate amount of any advance payments of \n        such credit under section 7527A for such taxable year.\n            ``(2) Excess advance payments.--If the aggregate amount of \n        advance payments under section 7527A for the taxable year \n        exceed the amount of the credit allowed under this section for \n        such taxable year (determined without regard to paragraph (1)), \n        the tax imposed by this chapter for such taxable year shall be \n        increased by the amount of such excess.''.\n    (b) Advance Payment of Credit.--Chapter 77 of such Code is amended \nby inserting after section 7527 the following new section:\n\n``SEC. 7527A. ADVANCE PAYMENT OF YOUNG CHILD TAX CREDIT.\n\n    ``(a) In General.--As soon as practicable and not later than 1 year \nafter the date of the enactment of this Act, the Secretary shall \nestablish a program for making advance payments of the credit allowed \nunder section 36C on a monthly basis, or as frequently as the Secretary \ndetermines to be administratively feasible, to taxpayers allowed such \ncredit (determined without regard to section 36C(f)(1)).\n    ``(b) Limitation.--The Secretary may make payments under subsection \n(a) only to the extent that the total amount of such payments made to \nany taxpayer during the taxable year does not exceed the amount \ndetermined under subsection (a) of section 36C with respect to such \ntaxpayer (determined without regard to subsections (c) and (f) of such \nsection). Such program shall make reasonable efforts to apply the \nlimitation of section 36C(c) with respect to payments made under such \nprogram.''.\n    (c) Conforming Amendments.--\n            (1) Section 152(f)(6)(B) of such Code is amended by \n        striking ``and'' at the end of clause (iii), by striking the \n        period at the end of clause (iv) and inserting ``, and'', and \n        by adding at the end the following new clause:\n                            ``(v) the credit under section 36C \n                        (relating to young child tax credit).''.\n            (2) Section 6211(b)(4)(A) of such Code is amended by \n        inserting ``36C,'' after ``36B,''.\n            (3) Section 6213(g)(2) of such Code is amended by striking \n        ``and'' at the end of subparagraph (P), by striking the period \n        at the end of subparagraph (Q) and inserting ``, and'', and by \n        inserting after subparagraph (Q) the following new \n        subparagraph:\n                    ``(R) an omission of a correct TIN required under \n                section 36C(e) (relating to young child tax credit) to \n                be included on a return.''.\n            (4) Section 6402(m) of such Code is amended by striking \n        ``or 32'' and inserting ``, 32 or 36C''.\n            (5) Section 6695(g) of such Code is amended by striking \n        ``or 32'' and inserting ``32, or 36C''.\n            (6) Section 1324(b)(2) of title 31, United States Code, is \n        amended by inserting ``36C,'' after ``36B,''.\n            (7) The table of sections for subpart C of part IV of \n        subchapter A of chapter 1 of the Internal Revenue Code of 1986 \n        is amended by inserting after the item relating to section 36B \n        the following new item:\n\n``Sec. 36C. Young child tax credit.''.\n            (8) The table of sections for chapter 77 of such Code is \n        amended by inserting after the item relating to section 7527 \n        the following new item:\n\n``Sec. 7527A. Advance payment of young child tax credit.''.\n    (d) Effective Date.--\n            (1) In general.--The amendments made by this section shall \n        apply to taxable years beginning after December 31, 2016.\n            (2) Advance payment program.--The Secretary of the \n        Treasury, or his designee, shall establish the program \n        described in section 7527A of the Internal Revenue Code of 1986 \n        (as added by this section) not later than such date.","title":""}
+{"_id":"c473","text":"SECTION 1. SHORT TITLE; FINDINGS.\n\n    (a) Short Title.--This Act may be cited as the ``Domestic Violence \nScreening and Treatment Act of 2002''.\n    (b) Findings.--Congress finds the following:\n            (1) Nearly one-third of American women (31 percent) report \n        being physically or sexually abused by a husband or boyfriend \n        at some point in their lives, and about 1200 women are murdered \n        every year by their intimate partner, nearly 3 each day.\n            (2) 85 percent of violent victimizations are experienced by \n        women.\n            (3) 37 percent of all women who sought care in hospital \n        emergency rooms for violence-related injuries were injured by a \n        current or former spouse, boyfriend, or girlfriend.\n            (4) In addition to injuries sustained during violent \n        episodes, physical and psychological abuse are linked to a \n        number of adverse physical health effects including arthritis, \n        chronic neck or back pain, migraine and other frequent \n        headaches, stammering, problems with vision, and sexually \n        transmitted infections, including HIV\/AIDS.\n            (5) Medical services for abused women cost an estimated \n        $857.3 million every year.\n            (6) Each year, at least six percent of all pregnant women, \n        about 240,000 pregnant women, in this country are battered by \n        the men in their lives. This battering leads to complications \n        of pregnancy, including low weight gain, anemia, infections, \n        and first and second trimester bleeding.\n            (7) Pregnant and recently pregnant women are more likely to \n        be victims of homicide than to die of any other cause, and \n        evidence exists that a significant proportion of all female \n        homicide victims are killed by their intimate partners.\n            (8) Children who witness domestic violence are more likely \n        to exhibit behavioral and physical health problems including \n        depression, anxiety, and violence towards peers. They are also \n        more likely to attempt suicide, abuse drugs and alcohol, run \n        away from home, engage in teenage prostitution, and commit \n        sexual assault crimes.\n            (9) Fifty percent of men who frequently assault their wives \n        frequently assault their children. The U.S. Advisory Board on \n        Child Abuse and Neglect suggests that domestic violence may be \n        the single major precursor to child abuse and neglect \n        fatalities in this country.\n            (10) Currently, about 10 percent of primary care physicians \n        routinely screen for intimate partner abuse during new patient \n        visits and nine percent routinely screen during periodic \n        checkups.\n            (11) Recent clinical studies have proven the effectiveness \n        of a 2-minute screening for early detection of abuse of \n        pregnant women. Additional longitudinal studies have tested a \n        10-minute intervention that was proven highly effective in \n        increasing the safety of pregnant abused women. Comparable \n        research does not yet exist to support the effectiveness of \n        screening men.\n            (12) 70 to 81 percent of the patients studied reported that \n        they would like their healthcare providers to ask them \n        privately about intimate partner violence.\n\nSEC. 2. COVERAGE OF DOMESTIC VIOLENCE SCREENING AND TREATMENT UNDER THE \n              MEDICAID PROGRAM.\n\n    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. \n1396d) is amended--\n            (1) in subsection (a)(26), by striking ``and'' at the end;\n            (2) by redesignating paragraph (27) of subsection (a) as \n        paragraph (28); and\n            (3) by inserting after paragraph (26) of subsection (a) the \n        following new paragraph:\n            ``(27) domestic violence screening and treatment services \n        (as defined in subsection (x));''; and\n            (4) by adding at the end the following new subsection:\n    ``(x) The term `domestic violence screening and treatment services' \nmeans the following services (as specified under the State plan) \nfurnished by an attending health care provider (or, in the case of \nservices described in paragraph (3), under arrangements between the \nprovider and domestic violence experts) to women 18 years of age or \nolder:\n            ``(1) Routine verbal screening for domestic violence by a \n        provider if the provider has not previously screened the \n        patient or if the patient has been screened but the patient \n        indicates that she is in a new relationship regardless of \n        whether there are any clinical indicators or suspicion of \n        abuse.\n            ``(2) Danger assessment for women who positively identify \n        for domestic violence, including an immediate safety \n        assessment, an initial risk assessment, and follow-up risk \n        assessments during subsequent visits.\n            ``(3) Treatment relating to domestic violence, including \n        the following:\n                    ``(A) Safety education to assist the patient in \n                developing a plan to promote her safety and well-being, \n                such as keeping an emergency kit, talking to someone, \n                and arranging for a place to stay, and appropriate \n                follow up.\n                    ``(B) Health education which provides written and \n                verbal information about domestic violence, its impact \n                on health, options for services, and any necessary \n                follow up.\n                    ``(C) Psycho-social and counseling services that \n                include an initial assessment, development of a plan of \n                care, individual or group counseling (as needed), and \n                follow-up assessment, treatment, or intervention.\n                    ``(D) Documentation of screening, assessment, \n                treatment, referrals, injuries, and illnesses related \n                to domestic violence and who inflicted them, using \n                appropriate diagnostic codes and absolute \n                confidentiality (except as required by applicable State \n                law).\n            ``(4) Referral and case coordination for additional \n        services, including services from domestic violence programs, \n        community agencies, and judicial and other systems.''.\n    (b) Effective Date.--The amendments made by this section shall take \neffect on the date of the enactment of this Act and shall apply to \nservices furnished on or after such date.\n\nSEC. 3. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.\n\n    (a) In General.--Section 8902 of title 5, United States Code, is \namended by adding at the end the following:\n    ``(p)(1) A contract may not be made or a plan approved which does \nnot include coverage for domestic violence screening and treatment \nservices.\n    ``(2) For purposes of this subsection, the term `domestic violence \nscreening and treatment services' has the meaning given such term in \nsection 1905(x) of the Social Security Act.''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \napply to contracts made, and plans approved, after the end of the 6-\nmonth period beginning on the date of the enactment of this Act.\n\nSEC. 4. MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT.\n\n    (a) Requirement for Portion of Expenditures on Domestic Violence \nScreening and Treatment.--Section 505(a)(5) of the Social Security Act \n(42 U.S.C. 705(a)(5)) is amended--\n            (1) by striking ``and'' at the end of subparagraph (E);\n            (2) by striking the period at the end of subparagraph (F) \n        and inserting ``; and''; and\n            (3) by inserting after subparagraph (F) the following new \n        subparagraph:\n                    ``(G) the State will set aside a reasonable portion \n                (based upon the State's previous use of funds under \n                this title) of the funds provided for domestic violence \n                screening and treatment services (as defined in section \n                1902(x)).''.\n    (b) Preference in Certain Funding.--Section 502(b)(2) of such Act \n(42 U.S.C. 702(b)(2)) is amended by adding at the end the following new \nsubparagraph:\n    ``(C) Of the amounts retained for projects described in \nsubparagraphs (A) through (F) of section 501(a)(3), the Secretary shall \nprovide preference to qualified applicants which demonstrate that the \nactivities to be carried out with such amounts includes training of \nproviders in how to screen for, and treat, domestic violence and \ntraining that includes--\n            ``(i) identifying victims of domestic violence and \n        maintaining complete medical records that include documentation \n        of the examination, treatment given, and referrals made, and \n        recording the location and nature of the victim's injuries;\n            ``(ii) examining and treating such victims, within the \n        scope of the health professional's discipline, training, and \n        practice (including medical advice regarding the dynamics and \n        nature of domestic violence);\n            ``(iii) assessing the immediate and short-term safety of \n        the victim and assisting the victim in developing a plan to \n        promote his or her safety; and\n            ``(iv) referring the victim to public and private nonprofit \n        private entities that provide services for such victims.''.\n    (c) Reporting Data.--Section 506(a)(2) of such Act (42 U.S.C. \n706(a)(2)) is amended by adding at the end the following new \nsubparagraph:\n            ``(F) Information on how funds provided under this title \n        are used to screen for and treat domestic violence.''.\n    (d) Separate Program for Domestic Violence Screening and \nTreatment.--Title V of such Act is amended by adding at the end the \nfollowing new section:\n\n    ``separate program for domestic violence screening and treatment\n\n    ``Sec. 511. (a) For the purpose described in subsection (b), the \nSecretary shall, for fiscal year 2003 and each subsequent fiscal year, \nallot to each State which has transmitted an application for the fiscal \nyear under section 505(a) an amount equal to the product of\n            ``(1) the amount appropriated in subsection (d) for the \n        fiscal year; and\n            ``(2) the percentage determined for the State under section \n        502(c)(1)(B)(ii).\n    ``(b) The purpose of an allotment under subsection (a) to a State \nis to enable the State to provide for domestic violence screening and \ntreatment, including the provision of domestic violence screening and \ntreatment services (as defined in section 1905(x)), increasing the \nnumber of women screened, assessed, treated, and referred and including \ntraining of health care providers on how to identify and respond to \nvictims of domestic violence.\n    ``(c)(1) Sections 503, 507, and 508 apply to allotments under \nsubsection (a) to the same extent and in the same manner as such \nsections apply to allotments under section 502(c).\n    ``(2) Sections 505 and 506 apply to allotments under subsection (a) \nto the extent determined by the Secretary to be appropriate.\n    ``(d) For the purpose of allotments under subsection (a), there is \nauthorized to be appropriated for each fiscal year, beginning with \nfiscal year 2003, such sums as may be necessary.''.\n    (e) Effective Date.--The amendments made by subsections (a) and (b) \nshall apply to fiscal years beginning after the date of the enactment \nof this Act and the amendment made by subsection (c) shall apply to \nannual reports submitted for such fiscal years.","title":""}
+{"_id":"c474","text":"SECTION 1. SHORT TITLE; PURPOSE.\n\n    (a) Short Title.--This Act may be cited as the ``Local Government \nLandfill Compliance Deadline Act''.\n    (b) Purpose.--The purpose of this Act is to strengthen the ability \nof county and city officials to fulfill the goals established for \nmunicipal solid waste landfills by allowing adequate time for wise, \nenvironmentally sound, and fiscally responsible decisionmaking by the \nofficials in a manner consistent with the obligations of the officials \nto the citizens they serve.\n\nSEC. 2. TEMPORARY EXEMPTION OF CERTAIN LANDFILLS FROM MEETING REVISED \n              CRITERIA.\n\n    (a) Temporary Exemption.--\n            (1) In general.--Except as provided in paragraph (2), \n        during the 1-year period beginning on October 9, 1993, each \n        municipal solid waste landfill that--\n                    (A) is in existence on October 8, 1993; and\n                    (B) meets the requirements of the criteria \n                contained in regulations issued pursuant to sections \n                4004(a) and 4010(c) of the Solid Waste Disposal Act (42 \n                U.S.C. 6944(a) and 6949a(c), respectively) as in effect \n                on January 1, 1993,\n        shall not be required to meet any revised criteria that take \n        effect after the date specified in subparagraph (B).\n            (2) Exceptions.--\n                    (A) In general.--If the Administrator of the \n                Environmental Protection Agency (referred to in this \n                section as the `Administrator'), or the appropriate \n                official of a State with a plan approved by the \n                Administrator pursuant to title IV of the Solid Waste \n                Disposal Act (42 U.S.C. 6941 et seq.) (referred to in \n                this section as an ``appropriate State official''), \n                determines that the owner or operator of a municipal \n                solid waste landfill did not make a good faith effort \n                before October 9, 1993, to comply with any revised \n                criteria that took effect after the date specified in \n                paragraph (1)(B), the exemption described in paragraph \n                (1) shall not apply to the landfill.\n                    (B) Temporary extension of exemption.--The owner or \n                operator of a municipal solid waste landfill that is \n                the subject of an exemption under paragraph (1) may \n                submit an application to the Administrator or an \n                appropriate State official (in the case of a State \n                referred to in subparagraph (A)) for a 180-day \n                extension of the exemption. The Administrator (or the \n                appropriate State official) shall grant the extension \n                if the Administrator (or the appropriate State \n                official) determines that the owner or operator cannot \n                achieve compliance with the revised criteria referred \n                to in such paragraph by the end of the 1-year period \n                specified in such paragraph because of 1 or more \n                factors beyond the control of the owner or operator, \n                including--\n                            (i) litigation;\n                            (ii) adverse weather conditions that slow \n                        or bring to a temporary halt the construction \n                        of a landfill;\n                            (iii) a breakdown in negotiations for the \n                        construction or use of a regional landfill that \n                        requires any local government participating in \n                        the negotiations to pursue other arrangements \n                        for waste disposal; or\n                            (iv) any delay in siting, permitting, or \n                        patenting a landfill or transfer station, \n                        including any delay attributable to--\n                                    (I) the unavailability of, or \n                                inaccessibility to, technical \n                                assistance; or\n                                    (II) procedures for purchasing, \n                                leasing, permitting, or patenting a \n                                site on Federal land, including \n                                carrying out any necessary \n                                environmental assessments or preparing \n                                environmental impact statements \n                                pursuant to the National Environmental \n                                Policy Act of 1969 (42 U.S.C. 4321 et \n                                seq.).\n                    (C) Mandatory extension.--The Administrator (or the \n                appropriate State official) may not disapprove any \n                application referred to in subparagraph (B) in any case \n                in which the Administrator (or appropriate State \n                official) determines that the failure of a Federal \n                agency or a department or agency of a State to issue a \n                permit, patent, or other necessary approval for a \n                landfill that is the subject of the application, or a \n                transfer station associated with the landfill, has been \n                a factor in the inability of the owner or operator of \n                the landfill to achieve compliance with the revised \n                criteria referred to in paragraph (1).\n    (b) Prior Criteria Applicable During Exemption Period.--During the \nperiod specified in subsection (a)(1), and during any applicable \nadditional period specified in subsection (a)(2)(B), a landfill subject \nto an exemption pursuant to this section shall be subject to the \ncriteria referred to in subsection (a)(1)(B).\n    (c) Effective Date of Revised Criteria.--Except as otherwise \nspecifically provided in this Act, beginning on October 9, 1994, each \nmunicipal solid waste landfill shall be subject to the revised criteria \napplicable to the landfill issued pursuant to sections 4004(a) and \n4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and \n6949a(c), respectively), and any subsequent revision to the criteria.\n    (d) Citizen Suits.--No person may commence a civil action pursuant \nto section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) on the \nbasis of the failure of a municipal solid waste landfill subject to the \nexemption described in subsection (a)(1) to meet any requirement with \nrespect to which the exemption applies.\n\nSEC. 3. EXTENSION OF EFFECTIVE DATE OF FINANCIAL ASSURANCE \n              REQUIREMENTS.\n\n    (a) In General.--Notwithstanding any other provision of law, the \nAdministrator shall issue regulations that revise the financial \nassurance requirements under subpart G of title 40, Code of Federal \nRegulations, to broaden the mechanisms available to an owner or \noperator of a municipal solid waste landfill for demonstrating \nfinancial responsibility. The revised regulations shall include revised \ncriteria for determining whether mechanisms in addition to the \nmechanisms specified in the regulations may be approved by the \nAdministrator. The revised criteria shall take into account the \nfinancial circumstances of small municipalities and counties (as \ndefined and determined by the Administrator).\n    (b) Effective Date.--The revised regulations promulgated pursuant \nto subsection (a) shall take effect on the date that is 2 years after \nthe promulgation of the regulations.\n    (c) Applicability.--During the period beginning on the effective \ndate specified in section 258.70 of title 40, Code of Federal \nRegulations, and ending on the date specified in subsection (b), the \nfinancial assurance requirements under subpart G of part 258 of title \n40, Code of Federal Regulations, shall not apply.\n\nSEC. 4. GROUND WATER MONITORING.\n\n    (a) In General.--As soon as practicable after the date of enactment \nof this Act, the Administrator shall issue regulations that exempt from \nthe ground water monitoring requirements under sections 258.51 through \n258.55 of title 40, Code of Federal Regulations, any municipal solid \nwaste landfill unit described in the matter preceding clause (i) in \nsection 258.1(f)(1), as added by the final rule published at 56 Fed. \nReg. 50798 on October 9, 1991, (referred to in this section as a \n``small landfill'')--\n            (1) in a community that experiences an annual interruption \n        of at least 3 consecutive months of surface transportation that \n        prevents access to a regional waste management facility; or\n            (2) in a community that has no practicable waste management \n        alternative and that has a small landfill unit located in an \n        area that annually receives less than or equal to 25 inches of \n        precipitation.\n    (b) Effective Date.--The regulations promulgated pursuant to \nsubsection (a) shall take effect on the date that is 2 years after the \ndate of enactment of this Act.\n    (c) Exemption.--Notwithstanding any other provision of law, before \nthe effective date of the regulations referred to in subsection (b), a \nlandfill referred to in subsection (a) shall not be required to carry \nout any ground water monitoring activities required under Federal law.","title":""}
+{"_id":"c475","text":"SECTION 1. SHORT TITLE; REFERENCES.\n\n    (a) Short Title.--This Act may be cited as the ``Endangered Species \nCriminal and Civil Penalties Liability Reform Act''.\n    (b) References to Endangered Species Act of 1973.--Except as \notherwise expressly provided, whenever in this Act an amendment or \nrepeal is expressed in terms of an amendment to, or repeal of, a \nsection or other provision, the reference shall be considered to be \nmade to that section or provision of the Endangered Species Act of 1973 \n(16 U.S.C. 1531 et seq.).\n\nSEC. 2. SPECIFIC INTENT REQUIRED FOR PENALTIES REGARDING TAKINGS OF \n              SPECIES.\n\n    Section 9 (16 U.S.C. 1538) is amended by adding at the end the \nfollowing:\n    ``(h) Specific Intent Required for Taking.--For purposes of this \nsection, the term `take' means to--\n            ``(1) knowingly and intentionally perform any act with the \n        knowledge that the act would constitute harassing, harming, \n        pursuing, hunting, shooting, wounding, killing, trapping, \n        capturing, or collecting an individual member of a species that \n        was present at the time and location of the act; or\n            ``(2) attempt to engage in conduct described in paragraph \n        (1).''.\n\nSEC. 3. REQUIREMENT TO PROVIDE NOTICE AND OPPORTUNITY TO CORRECT \n              VIOLATION.\n\n    Section 10 (16 U.S.C. 1540) is amended by adding at the end the \nfollowing:\n    ``(k) Notice and Opportunity To Correct Violation.--\n            ``(1) In general.--A person shall not be liable for any \n        criminal or civil penalty for a violation of this Act committed \n        while conducting an otherwise lawful activity and not for the \n        purpose of a taking prohibited by this Act, unless--\n                    ``(A) the Secretary provides the person notice of \n                the violation; and\n                    ``(B) the person fails to terminate and otherwise \n                correct the activity constituting the violation by not \n                later than 30 days after the date of the notice.\n            ``(2) Corrective action.--A person may correct an activity \n        for purposes of paragraph (1)(B) by mitigation, entering into a \n        binding commitment to carry out mitigation, or other method \n        that is determined by the Secretary to be reasonably calculated \n        to restore the species to its status immediately prior to the \n        activity.''.\n\nSEC. 4. NO SURPRISES.\n\n    Section 10(a) (16 U.S.C. 1539(a)) is amended by adding at the end \nthe following:\n    ``(3)(A) Each conservation plan developed under this subsection \nshall include provisions under which a person who has entered into, and \nis in compliance with, the conservation plan may not, without their \nconsent, be required to undertake any additional mitigation measures \nfor species covered by the plan if the measures would require payment \nof money, or compliance with use, development, or management \nrestrictions on any land, waters, or water-related rights, in addition \nto payments or compliance, respectively, otherwise required under the \nterms of the plan.\n    ``(B) The provisions required by subparagraph (A) shall, among \nother matters, identify--\n            ``(i) modifications to the plan; or\n            ``(ii) additional conservation measures;\nif any, that the Secretary may require under extraordinary \ncircumstances.''.\n\nSEC. 5. KNOWLEDGE OF ENDANGERED OR THREATENED STATUS REQUIRED FOR \n              ENFORCEMENT ACTIONS.\n\n    Section 11 (16 U.S.C. 1540) is further amended by adding at the end \nthe following:\n    ``(h) Knowledge of Endangered or Threatened Status Required.--In \nany enforcement action or citizen suit under this Act in which it is \nalleged that the defendant acted or failed to act with respect to a \nmember of a species listed under section 4(c), it is an affirmative \ndefense to the allegation that the defendant could not reasonably have \nknown that the fish or wildlife or plant concerned is a member of an \nendangered species or threatened species.''.\n\nSEC. 6. SAFE HARBOR AGREEMENTS.\n\n    Section 10 (16 U.S.C. 1539) is further amended by adding at the end \nthereof the following new subsection:\n    ``(m) Safe Harbor Agreements.--\n            ``(1) Agreements.--\n                    ``(A) In general.--The Secretary may enter into \n                agreements with non-Federal persons to benefit the \n                conservation of endangered species or threatened \n                species by creating, restoring, or improving habitat or \n                by maintaining currently unoccupied habitat for \n                endangered species or threatened species. Under an \n                agreement, the Secretary shall permit the person to \n                take endangered species or threatened species included \n                under the agreement on lands or waters that are subject \n                to the agreement if the taking is incidental to, and \n                not the purpose of, carrying out of an otherwise lawful \n                activity, provided that the Secretary may not permit \n                through such agreements any incidental take below the \n                baseline requirement specified pursuant to subparagraph \n                (B).\n                    ``(B) Baseline.--For each agreement under this \n                subsection, the Secretary shall establish a baseline \n                requirement that is mutually agreed upon by the \n                applicant and the Secretary at the time of the \n                agreement that will, at a minimum, maintain existing \n                conditions for the species covered by the agreement on \n                lands and waters that are subject to the agreement. The \n                baseline may be expressed in terms of the abundance or \n                distribution of endangered or threatened species, \n                quantity or quality of habitat, or such other \n                indicators as appropriate.\n            ``(2) Standards and guidelines.--The Secretary shall issue \n        standards and guidelines for the development and approval of \n        safe harbor agreements in accordance with this subsection.\n            ``(3) Financial assistance.--\n                    ``(A) In general.--In cooperation with the States \n                and subject to the availability of appropriations under \n                section 15(d), the Secretary may provide a grant of up \n                to $10,000 to any individual private landowner to \n                assist the landowner in carrying out a safe harbor \n                agreement under this subsection.\n                    ``(B) Prohibition on assistance for required \n                activities.--The Secretary may not provide assistance \n                under this paragraph for any action that is required by \n                a permit issued under this Act or that is otherwise \n                required under this Act or other Federal law.\n                    ``(C) Other payments.--Grants provided to an \n                individual private landowner under this paragraph shall \n                be in addition to, and not affect, the total amount of \n                payments that the landowner is otherwise eligible to \n                receive under the Conservation Reserve Program (16 \n                U.S.C. 3831 et seq.), the Wetlands Reserve Program (16 \n                U.S.C. 3837 et seq.), or the Wildlife Habitat \n                Incentives Program (16 U.S.C. 3836a).''.","title":""}
+{"_id":"c476","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Agricultural \nEquity Act of 1995''.\n    (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings, policy, and purpose.\nSec. 3. Sense of Congress on ending the Federal deficit.\nSec. 4. Nonrecourse loans and deficiency payments for the 1996 through \n                            2002 crops of rice, upland cotton, feed \n                            grains, wheat, and oilseeds.\nSec. 5. Review of status and future of production agriculture.\n\nSEC. 2. FINDINGS, POLICY, AND PURPOSE.\n\n    (a) Findings.--Congress finds the following:\n            (1) A sound and prosperous economy in the United States is \n        dependent on American agriculture and related industries, \n        including producers, processors, handlers, manufacturers, \n        marketers, transporters, and the banking and credit industry.\n            (2) American agriculture and related industries account for \n        over 21,000,000 jobs and approximately 16 percent, or over \n        $41,000,000,000,000, of the gross domestic product.\n            (3) Because of the combined effort of American agriculture \n        and related industries, consumers in the United States enjoy a \n        dependable supply of food and fiber at fair prices.\n            (4) The future of American agriculture is dependent on the \n        continued viability of the American agricultural producer, the \n        underpinning of the national economy.\n            (5) Agricultural producers must receive a fair return on \n        their productivity and investment in an industry characterized \n        by continued subsidized foreign competition and wide \n        fluctuations in production and prices due to weather and \n        related factors.\n            (6) One of the essential elements of a sound agricultural \n        economy is the ability of the United States to compete in the \n        world market.\n            (7) Exports of United States agricultural commodities are \n        expected to reach nearly $50,000,000,000 in 1995 and contribute \n        about $20,000,000,000 to the United States balance of trade.\n            (8) Agricultural exports account for over 1,000,000 \n        American jobs.\n            (9) Commodity Credit Corporation outlays for farm programs \n        have declined from a high of approximately $26,000,000,000 for \n        fiscal year 1986 to less than $9,000,000,000 for fiscal year \n        1995, a reduction of over 65 percent that is unique among the \n        many mandatory spending programs of the Federal Government.\n            (10) According to the Congressional Budget Office, farm \n        program outlays are projected to remain below the outlay level \n        for fiscal year 1995 for the next 5 years and continue to \n        decline by nearly 8 percent, even if no changes are made in \n        current law for existing farm programs.\n    (b) Policy.--It is the policy of the United States that--\n            (1) continued Federal Government support is necessary to \n        provide stability for American agricultural producers to--\n                    (A) enable the producers to continue to provide \n                consumers with a steady and dependable supply of food \n                and fiber at fair prices;\n                    (B) enhance farmer and rancher profitability;\n                    (C) encourage young farmers to stay on the farm;\n                    (D) maintain the competitiveness of the United \n                States in the world market; and\n                    (E) otherwise preserve the underpinnings of a sound \n                agricultural economy; and\n            (2) reductions in farm program spending should be made in a \n        fair and equitable manner in order to meet the objective of \n        achieving a balanced budget for the Federal Government in a \n        manner consistent with paragraph (1).\n    (c) Purpose.--The purpose of this Act is to establish agricultural \nprice support and production adjustment programs for the 1996 through \n2002 crop years that provide a structure for a sound agricultural \neconomy in a manner consistent with subsection (b).\n\nSEC. 3. SENSE OF CONGRESS ON ENDING THE FEDERAL DEFICIT.\n\n    It is the sense of Congress that--\n            (1) the continuation of significant Federal budgetary \n        deficits harms the economic well-being of the United States and \n        is detrimental to the development of sound, long-term \n        agricultural policy;\n            (2) agricultural price support and production adjustment \n        programs are necessary for the continued economic health of \n        United States agriculture, which must compete in international \n        markets against subsidized foreign competition; and\n            (3) agricultural price support and production adjustment \n        programs should be--\n                    (A) implemented, to the maximum extent practicable, \n                in a manner that is consistent with the primary goal of \n                the concurrent resolution on the budget for fiscal year \n                1996 (H. Con. Res. 67, agreed to June 29, 1995) to end \n                Federal budget deficits; and\n                    (B) modified, as necessary, to ensure that the \n                programs comply with applicable budget reconciliation \n                instructions in the concurrent resolution that are \n                designed to end Federal budget deficits, in a manner \n                consistent with section 306 of the concurrent \n                resolution.\n\nSEC. 4. NONRECOURSE LOANS AND DEFICIENCY PAYMENTS FOR THE 1996 THROUGH \n              2002 CROPS OF RICE, UPLAND COTTON, FEED GRAINS, WHEAT, \n              AND OILSEEDS.\n\n    (a) Definitions.--For purposes of this section:\n            (1) Covered commodities.--The term ``covered commodities'' \n        means rice, upland cotton, feed grains, wheat, and oilseeds.\n            (2) Feed grains.--The term ``feed grains'' means corn, \n        grain sorghum, barley, and oats.\n            (3) Oilseeds.--The term ``oilseeds'' means soybeans, \n        sunflower seeds, canola, rapeseed, safflower, flaxseed, mustard \n        seed, and such other oilseeds as the Secretary may determine \n        appropriate for inclusion.\n    (b) Nonrecourse Loans.--\n            (1) Price support loans.--The Secretary shall make \n        available to producers on a farm nonrecourse loans for each of \n        the 1996 through 2002 crops of each covered commodity at the \n        level specified in paragraph (2). Acreage covered shall include \n        both mandatory and voluntary flex acres.\n            (2) Loan levels.--The loan levels for each covered \n        commodity shall be 100 percent of the simple average price \n        received by producers of that covered commodity, as determined \n        by the Secretary, during the marketing years for the preceding \n        5 crops of that covered commodity, excluding the year in which \n        the average price was the highest and the year in which the \n        average price was the lowest in the period. The Secretary may \n        adjust the loan level for a particular covered commodity to \n        reflect changes in the market price of that covered commodity.\n            (3) Prohibitions.--The Secretary shall not make available a \n        marketing loan or loan deficiency payment to any producer on a \n        farm for any of the 1996 through 2002 crops of covered \n        commodities.\n    (c) Deficiency Payments.--\n            (1) In general.--The Secretary shall make deficiency \n        payments available to producers for each of the 1996 through \n        2002 crops of each covered commodity (other than oilseeds) in \n        an amount computed by multiplying--\n                    (A) the payment rate for the covered commodity;\n                    (B) the payment acres for the crop of that covered \n                commodity; and\n                    (C) the farm program yield for the crop of that \n                covered commodity for the farm.\n            (2) Payment rate.--\n                    (A) Minimum established price.--The minimum \n                established price in effect for the 1991 through 1995 \n                crops of each covered commodity shall continue in \n                effect for the 1996 through 2002 crops of that covered \n                commodity.\n                    (B) Establishment of rate.--The payment rate for \n                each of the 1996 through 2002 crops of each covered \n                commodity shall be the amount by which the target price \n                exceeds the higher of--\n                            (i) the loan level established for that \n                        covered commodity under subsection (b);\n                            (ii) the average market price of that \n                        covered commodity.\n            (3) Payment acres.--Payment acres for a crop of a covered \n        commodity shall equal base acres less idled (set aside) and \n        flex (mandatory and optional) acres.\n            (4) Elimination of \\0\/85\\ and \\50\/85\\ programs.--The \n        Secretary shall discontinue the partial payment programs, \n        variously known as \\0\/85\\, \\50\/85\\, \\0\/92\\, and \\50\/92\\, \n        effective with crop year 1996.\n    (d) Flexibility (`Flex') Program.--The Secretary shall increase \nproducer planting flexibility--\n            (1) by increasing the mandatory flex acreage percentage for \n        each covered commodity from 15 percent to 20 percent; and\n            (2) by offering producers an additional voluntary increase \n        in flex acres of between 10 percent to 25 percent.\n    (e) Crop Insurance Requirement.--As a condition for eligibility for \ncrop loans and deficiency payments under this section, the producers on \na farm shall obtain catastrophic risk protection insurance coverage in \naccordance with section 508(b) of the Federal Crop Insurance Act (7 \nU.S.C. 1508(b)).\n    (f) Conforming Repeals.--Sections 101B (rice), 103B (cotton), 105B \n(feed grains), 107B (wheat), and 205 (oilseeds) of the Agricultural Act \nof 1949 are repealed. The repeal of such sections shall not affect the \nauthority of the Secretary to carry out a price support or production \nadjustment program for any of the 1991 through 1995 crops of a covered \ncommodity under a provision of law in effect immediately before the \ndate of the enactment of this Act.\n\nSEC. 5. REVIEW OF STATUS AND FUTURE OF PRODUCTION AGRICULTURE.\n\n    (a) Scope of Review.--The Secretary of Agriculture shall conduct a \ncomprehensive review of the status and future of production agriculture \nand farming communities in the United States and the extent to which \nthe program changes made by this Act will impact production agriculture \nand farming communities in the United States. The review shall include \nthe following--\n            (1) an assessment of the food security situation in the \n        United States in the areas of trade, consumer prices, \n        international competitiveness of United States production \n        agriculture, food supplies, and humanitarian relief;\n            (2) an assessment of current and future farm land values \n        and agricultural producer incomes;\n            (3) an assessment of the extent to which regulatory relief \n        for agricultural producers has been enacted and implemented, \n        including the application of cost-benefit principles in the \n        issuance of agricultural regulations;\n            (4) an assessment of the extent to which tax relief for \n        agricultural producers has been enacted in the form of capital \n        gains tax reductions, estate tax exemptions, and mechanisms to \n        average tax loads over high- and low-income years;\n            (5) an assessment of any Federal Government interference in \n        agricultural export markets, such as the imposition of trade \n        embargoes, and the degree of implementation and success of \n        international trade agreements;\n            (6) identification of the appropriate future relationship \n        of the Federal Government with production agriculture after \n        2002;\n            (7) identification of the long-term goals for production \n        agriculture and farming communities in the United States and \n        recommendations for actions needed to achieve those goals; and\n            (8) an assessment of manpower and infrastructure \n        requirements of the Department of Agriculture as the result of \n        program changes made by this Act.\n    (b) Legislative Proposals.--As part of the comprehensive review \nrequired under subsection (a), the Secretary shall develop specific \nlegislative proposals to implement any recommendations being made.\n    (c) Reports.--The Secretary shall report the findings and \nrecommendations made under subsection (a) to the President, to the \nCommittee on Agriculture of the House of Representatives, and to the \nCommittee on Agriculture, Nutrition, and Forestry of the Senate, not \nlater than March 31, 1997.\n    (d) Hearings.--The Secretary may, for the purpose of carrying out \nthis section, conduct such hearings and receive such evidence as the \nSecretary considers appropriate.\n    (e) Assistance From Other Agencies.--The Secretary may secure from \nother departments and agencies of the Federal Government such \ninformation as may be necessary to carry out this section.","title":""}
+{"_id":"c477","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Close Big Oil Tax \nLoopholes Act''.\n    (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\nSec. 3. Sense of Senate on high gas prices.\n                  TITLE I--CLOSE BIG OIL TAX LOOPHOLES\n\nSec. 101. Modifications of foreign tax credit rules applicable to major \n                            integrated oil companies which are dual \n                            capacity taxpayers.\nSec. 102. Limitation on section 199 deduction attributable to oil, \n                            natural gas, or primary products thereof.\nSec. 103. Limitation on deduction for intangible drilling and \n                            development costs.\nSec. 104. Limitation on percentage depletion allowance for oil and gas \n                            wells.\nSec. 105. Limitation on deduction for tertiary injectants.\n         TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS\n\nSec. 201. Repeal of outer Continental Shelf deep water and deep gas \n                            royalty relief.\n                        TITLE III--MISCELLANEOUS\n\nSec. 301. Deficit reduction.\nSec. 302. Budgetary effects.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) gas prices have risen significantly largely in response \n        to unrest in north Africa and the Middle East, unrest that \n        speculators are capitalizing on to increase oil futures prices \n        and make huge profits;\n            (2) high gas prices are hurting the quality of life of \n        people of the United States, cutting into savings, and \n        jeopardizing jobs and the economic recovery of the United \n        States;\n            (3) implementation of the regulatory reforms enacted by \n        Congress in the Dodd-Frank Wall Street Reform and Consumer \n        Protection Act (Public Law 111-203; 124 Stat. 1376) to prevent \n        energy market manipulation and control excessive speculation \n        has been delayed and has been threatened with funding \n        reductions in the House of Representatives;\n            (4) the United States is producing more oil than any time \n        in the last 13 years and companies hold abundant inventories of \n        oil, but the United States is still importing more than \n        11,000,000 barrels of oil per day and the Energy Information \n        Administration projects that full production in all onshore and \n        offshore areas would reduce gas prices by only 3 cents per \n        gallon by 2030;\n            (5) domestic refining capacity now exceeds United States \n        demand for refined petroleum products, resulting in increased \n        idle refinery capacity;\n            (6) oil companies are sitting idly on approximately \n        60,000,000 acres of leased Federal lands and waters containing \n        more than 11,000,000,000 barrels of oil and 59,000,000,000,000 \n        cubic feet of natural gas;\n            (7) the United States possesses less than 2 percent of the \n        proven oil reserves of the world, yet consumes an unsustainable \n        25 percent of the oil production of the world;\n            (8) the economy of the United States suffers huge net \n        losses in jobs and productivity from the growing annual trade \n        deficit in energy, due mainly to the outflow of \n        $250,000,000,000 or more to pay for foreign oil;\n            (9) world oil prices have risen steadily since the slow \n        beginning of the global economic recovery and, absent major \n        efficiency or conservation improvements or deployment of \n        alternative fuels, those oil prices are projected to remain \n        well above $100 per barrel or higher as world demand grows as \n        China, India and other countries industrialize;\n            (10) the oil production policies of cartel of the \n        Organization of the Petroleum Exporting Countries (OPEC) are a \n        large determinant of the world price of oil, so the economy of \n        the United States will be affected by decisions of OPEC as long \n        as the United States depends on oil for a significant portion \n        of the energy consumption of the United States;\n            (11) the major oil companies have accumulated more than \n        $1,000,000,000,000 in net profits over the last 10 years and \n        collected more than $40,000,000,000 in tax breaks during the \n        same period, but have invested negligible amounts of those \n        funds into research and development of the production of clean \n        and renewable fuels made in the United States, leaving \n        consumers with few if any choices at the pump; and\n            (12) in the Energy Independence and Security Act of 2007 \n        (42 U.S.C. 17001 et seq.), Congress increased fuel economy \n        standards for the first time in 30 years and established \n        ambitious requirements for domestic biofuels, actions that have \n        reduced oil consumption and reduced upward pressure on gas \n        prices.\n\nSEC. 3. SENSE OF SENATE ON HIGH GAS PRICES.\n\n    It is the sense of the Senate that--\n            (1) the President and Administration should be commended \n        for recognizing the severity of high gas prices and for taking \n        appropriate actions to help reduce gas prices, including \n        actions--\n                    (A) to move forward with expeditious and \n                responsible domestic production in the Gulf of Mexico \n                and elsewhere;\n                    (B) to form a Task Force led by the Department of \n                Justice to investigate and eliminate oil and gas price \n                gouging and market manipulation;\n                    (C) to establish a national oil savings goal to cut \n                imports by 33 percent by 2025;\n                    (D) to call for 1,000,000 electric vehicles to be \n                on the road by 2015;\n                    (E) to harmonize corporate average fuel standards \n                under section 32902 of title 49, United States Code, \n                (CAFE) and carbon pollution standards to achieve \n                1,800,000,000 barrels in oil savings from new vehicles \n                built before 2017, and working with stakeholders to \n                increase those savings from future year vehicles;\n                    (F) to establish the National Clean Fleets \n                Partnership and Green Fleet Initiative to reduce diesel \n                and gasoline use in fleets by incorporating electric \n                vehicles, alternative fuels like natural gas, and \n                efficiency measures; and\n                    (G) to clarify and expand the use of E-15 fuel for \n                new motor vehicles;\n            (2) Congress should take additional actions to complement \n        the efforts of the President, including enacting provisions--\n                    (A) to encourage diligent and responsible \n                development of domestic oil and gas resources onshore \n                and off-shore;\n                    (B) to eliminate subsidies for major oil and gas \n                companies and use the savings to promote research, \n                development, and deployment of affordable alternative \n                fuels and vehicles;\n                    (C) to give consumers more choices at the pump and \n                incentives for buying vehicles that displace petroleum \n                consumption; and\n                    (D) to direct and fund the Commodity Futures \n                Trading Commission and the Federal Trade Commission to \n                rapidly implement the energy consumer protection \n                requirements of the Dodd-Frank Wall Street Reform and \n                Consumer Protection Act (Public Law 111-203; 124 Stat. \n                1376);\n            (3) the Organization of the Petroleum Exporting Countries \n        (OPEC) should contribute to the stabilization of world oil \n        markets and prices and reduce the burden of high gasoline \n        prices borne by the consumers in the United States by using \n        existing idle oil production capacity to compensate for any \n        supply shortages experienced in member countries; and\n            (4) the economic, environmental, and national security of \n        the United States depend on a sustained effort to drastically \n        reduce and eventually eliminate the dependency of the United \n        States on oil.\n\n                  TITLE I--CLOSE BIG OIL TAX LOOPHOLES\n\nSEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR \n              INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY \n              TAXPAYERS.\n\n    (a) In General.--Section 901 of the Internal Revenue Code of 1986 \nis amended by redesignating subsection (n) as subsection (o) and by \ninserting after subsection (m) the following new subsection:\n    ``(n) Special Rules Relating to Major Integrated Oil Companies \nWhich Are Dual Capacity Taxpayers.--\n            ``(1) General rule.--Notwithstanding any other provision of \n        this chapter, any amount paid or accrued by a dual capacity \n        taxpayer which is a major integrated oil company (as defined in \n        section 167(h)(5)(B)) to a foreign country or possession of the \n        United States for any period shall not be considered a tax--\n                    ``(A) if, for such period, the foreign country or \n                possession does not impose a generally applicable \n                income tax, or\n                    ``(B) to the extent such amount exceeds the amount \n                (determined in accordance with regulations) which--\n                            ``(i) is paid by such dual capacity \n                        taxpayer pursuant to the generally applicable \n                        income tax imposed by the country or \n                        possession, or\n                            ``(ii) would be paid if the generally \n                        applicable income tax imposed by the country or \n                        possession were applicable to such dual \n                        capacity taxpayer.\n        Nothing in this paragraph shall be construed to imply the \n        proper treatment of any such amount not in excess of the amount \n        determined under subparagraph (B).\n            ``(2) Dual capacity taxpayer.--For purposes of this \n        subsection, the term `dual capacity taxpayer' means, with \n        respect to any foreign country or possession of the United \n        States, a person who--\n                    ``(A) is subject to a levy of such country or \n                possession, and\n                    ``(B) receives (or will receive) directly or \n                indirectly a specific economic benefit (as determined \n                in accordance with regulations) from such country or \n                possession.\n            ``(3) Generally applicable income tax.--For purposes of \n        this subsection--\n                    ``(A) In general.--The term `generally applicable \n                income tax' means an income tax (or a series of income \n                taxes) which is generally imposed under the laws of a \n                foreign country or possession on income derived from \n                the conduct of a trade or business within such country \n                or possession.\n                    ``(B) Exceptions.--Such term shall not include a \n                tax unless it has substantial application, by its terms \n                and in practice, to--\n                            ``(i) persons who are not dual capacity \n                        taxpayers, and\n                            ``(ii) persons who are citizens or \n                        residents of the foreign country or \n                        possession.''.\n    (b) Effective Date.--\n            (1) In general.--The amendments made by this section shall \n        apply to taxes paid or accrued in taxable years beginning after \n        the date of the enactment of this Act.\n            (2) Contrary treaty obligations upheld.--The amendments \n        made by this section shall not apply to the extent contrary to \n        any treaty obligation of the United States.\n\nSEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, \n              NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.\n\n    (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the \nInternal Revenue Code of 1986 is amended by adding at the end the \nfollowing new subparagraph:\n                    ``(E) Special rule for certain oil and gas \n                income.--In the case of any taxpayer who is a major \n                integrated oil company (as defined in section \n                167(h)(5)(B)) for the taxable year, the term `domestic \n                production gross receipts' shall not include gross \n                receipts from the production, transportation, or \n                distribution of oil, natural gas, or any primary \n                product (within the meaning of subsection (d)(9)) \n                thereof.''.\n    (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2011.\n\nSEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND \n              DEVELOPMENT COSTS.\n\n    (a) In General.--Section 263(c) of the Internal Revenue Code of \n1986 is amended by adding at the end the following new sentence: ``This \nsubsection shall not apply to amounts paid or incurred by a taxpayer in \nany taxable year in which such taxpayer is a major integrated oil \ncompany (as defined in section 167(h)(5)(B)).''.\n    (b) Effective Date.--The amendment made by this section shall apply \nto amounts paid or incurred in taxable years beginning after December \n31, 2011.\n\nSEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS \n              WELLS.\n\n    (a) In General.--Section 613A of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n    ``(f) Application With Respect to Major Integrated Oil Companies.--\nIn the case of any taxable year in which the taxpayer is a major \nintegrated oil company (as defined in section 167(h)(5)(B)), the \nallowance for percentage depletion shall be zero.''.\n    (b) Effective Date.--The amendment made by this section shall apply \nto taxable years beginning after December 31, 2011.\n\nSEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.\n\n    (a) In General.--Section 193 of the Internal Revenue Code of 1986 \nis amended by adding at the end the following new subsection:\n    ``(d) Application With Respect to Major Integrated Oil Companies.--\nThis section shall not apply to amounts paid or incurred by a taxpayer \nin any taxable year in which such taxpayer is a major integrated oil \ncompany (as defined in section 167(h)(5)(B)).''.\n    (b) Effective Date.--The amendment made by this section shall apply \nto amounts paid or incurred in taxable years beginning after December \n31, 2011.\n\n         TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS\n\nSEC. 201. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS \n              ROYALTY RELIEF.\n\n    (a) In General.--Sections 344 and 345 of the Energy Policy Act of \n2005 (42 U.S.C. 15904, 15905) are repealed.\n    (b) Administration.--The Secretary of the Interior shall not be \nrequired to provide for royalty relief in the lease sale terms \nbeginning with the first lease sale held on or after the date of \nenactment of this Act for which a final notice of sale has not been \npublished.\n\n                        TITLE III--MISCELLANEOUS\n\nSEC. 301. DEFICIT REDUCTION.\n\n    The net amount of any savings realized as a result of the enactment \nof this Act and the amendments made by this Act (after any expenditures \nauthorized by this Act and the amendments made by this Act) shall be \ndeposited in the Treasury and used for Federal budget deficit reduction \nor, if there is no Federal budget deficit, for reducing the Federal \ndebt in such manner as the Secretary of the Treasury considers \nappropriate.\n\nSEC. 302. BUDGETARY EFFECTS.\n\n    The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go-Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the Senate Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.","title":""}
+{"_id":"c478","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Construction \nConsensus Procurement Improvement Act of 2016''.\n    (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Congressional findings.\nSec. 3. Design-build construction process improvement.\nSec. 4. Prohibition on the use of a reverse auction for the award of a \n                            contract for design and construction \n                            services.\n\nSEC. 2. CONGRESSIONAL FINDINGS.\n\n    Congress makes the following findings:\n            (1) The acquisition procedures that are often used \n        effectively to procure products and other forms of services are \n        not always appropriate for procurement of design and \n        construction services.\n            (2) Federal procurement officials often adopt contracting \n        techniques from the private sector and have used those \n        techniques effectively to procure products and services.\n            (3) Design-build is a procurement technique Federal \n        officials have adopted from the private sector that has worked \n        well for procurement of design and construction services.\n            (4) The current statutory framework for design-build could \n        benefit from legislative refinement.\n            (5) Reverse auctions are another procurement technique \n        Federal officials have adopted from the private sector and used \n        successfully to award contracts for the purchase of products \n        that are commercially equivalent to commodities.\n            (6) Despite their success in other contexts, reverse \n        auctions are generally inappropriate for procurement of design \n        and construction services, given the unique nature of each such \n        project.\n\nSEC. 3. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT.\n\n    (a) Civilian Contracts.--\n            (1) In general.--Section 3309(b) of title 41, United States \n        Code, is amended to read as follows:\n    ``(b) Criteria for Use.--\n            ``(1) Contracts with a value of at least $750,000  \n        $3,000,000.--Two-phase selection procedures shall be used for \n        entering into a contract for the design and construction of a \n        public building, facility, or work when a contracting officer \n        determines that the project has a value of $750,000 $3,000,000 \n        or greater, as adjusted for inflation in accordance with \n        section 1908 of this title.\n            ``(2) Contracts with a value less than $750,000 \n        $3,000,000.--For projects that a contracting officer determines \n        have a value of less than $750,000 $3,000,000, the contracting \n        officer shall make a determination whether two-phase selection \n        procedures are appropriate for use for entering into a contract \n        for the design and construction of a public building, facility, \n        or work when--\n                    ``(A) the contracting officer anticipates that 3 or \n                more offers will be received for the contract;\n                    ``(B) design work must be performed before an \n                offeror can develop a price or cost proposal for the \n                contract;\n                    ``(C) the offeror will incur a substantial amount \n                of expense in preparing the offer; and\n                    ``(D) the contracting officer has considered \n                information such as--\n                            ``(i) the extent to which the project \n                        requirements have been adequately defined;\n                            ``(ii) the time constraints for delivery of \n                        the project;\n                            ``(iii) the capability and experience of \n                        potential contractors;\n                            ``(iv) the suitability of the project for \n                        use of the two-phase selection procedures;\n                            ``(v) the capability of the agency to \n                        manage the two-phase selection process; and\n                            ``(vi) other criteria established by the \n                        agency.''.\n            (2) Annual reports.--\n                    (A) In general.--Not later than November 30 of \n                2017, 2018, 2019, 2020, and 2021, the head of each \n                agency shall compile an annual report of each instance \n                in which the agency awarded a design-build contract \n                pursuant to section 3309 of title 41, United States \n                Code, during the fiscal year ending in such calendar \n                year, in which--\n                            (i) more than 5 finalists were selected for \n                        phase-two requests for proposals; or\n                            (ii) the contract or order was awarded \n                        without using two-phase selection procedures.\n                    (B) Public availability.--The Director of the \n                Office of Management and Budget shall facilitate public \n                access to the reports, including by posting them on a \n                publicly available Internet website. A notice of the \n                availability of each report shall be published in the \n                Federal Register.\n    (b) GAO Reports.--Not later than 270 days after the deadline for \nthe final reports required under subsection (f) of section 3309 of \ntitle 41, United States Code, as added by subsection (a)(1), the \nComptroller General of the United States shall issue a report analyzing \nthe compliance of the various Federal agencies with the requirements of \nsuch section.\n\nSEC. 4. PROHIBITION ON THE USE OF A REVERSE AUCTION FOR THE AWARD OF A \n              CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES.\n\n    (a) Finding.--Congress finds that, in contrast to a traditional \nauction in which the buyers bid up the price, sellers bid down the \nprice in a reverse auction.\n    (b) Prohibition.--Not later than 180 days after the date of the \nenactment of this Act, the Federal Acquisition Regulatory Council, in \nconsultation with the Administrator for Federal Procurement Policy, \nshall amend the Federal Acquisition Regulation to prohibit the use of \nreverse auctions as part of the two-phase selection procedure for \nawarding contracts for construction and design services.\n    (c) Definitions.--For purposes of this section--\n            (1) the term ``design and construction services'' means--\n                    (A) site planning and landscape design;\n                    (B) architectural and engineering services \n                (including surveying and mapping defined in section \n                1101 of title 40, United States Code);\n                    (C) interior design;\n                    (D) performance of substantial construction work \n                for facility, infrastructure, and environmental \n                restoration projects;\n                    (E) delivery and supply of construction materials \n                to construction sites; or\n                    (F) construction or substantial alteration of \n                public buildings or public works; and\n            (2) the term ``reverse auction'' means, with respect to \n        procurement by an agency--\n                    (A) a real-time auction conducted through an \n                electronic medium among 2 or more offerors who compete \n                by submitting bids for a supply or service contract \n                with the ability to submit revised lower bids at any \n                time before the closing of the auction; and\n                    (B) the award of the contract, delivery order, task \n                order, or purchase order to the offeror, in whole or in \n                part, based on the price obtained through the auction \n                process.","title":""}
+{"_id":"c479","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Department of \nEnergy Laboratory Modernization and Technology Transfer Act of 2015''.\n    (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\nSec. 3. Savings clause.\n         TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY\n\nSec. 101. Technology transfer and transitions assessment.\nSec. 102. Sense of Congress.\nSec. 103. Nuclear energy innovation.\n     TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS\n\nSec. 201. Agreements for Commercializing Technology pilot program.\nSec. 202. Public-private partnerships for commercialization.\nSec. 203. Inclusion of early-stage technology demonstration in \n                            authorized technology transfer activities.\nSec. 204. Funding competitiveness for institutions of higher education \n                            and other nonprofit institutions.\nSec. 205. Participation in the Innovation Corps program.\n                    TITLE III--ASSESSMENT OF IMPACT\n\nSec. 301. Report by Government Accountability Office.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) Department.--The term ``Department'' means the \n        Department of Energy.\n            (2) National laboratory.--The term ``National Laboratory'' \n        means a Department of Energy nonmilitary national laboratory, \n        including--\n                    (A) Ames Laboratory;\n                    (B) Argonne National Laboratory;\n                    (C) Brookhaven National Laboratory;\n                    (D) Fermi National Accelerator Laboratory;\n                    (E) Idaho National Laboratory;\n                    (F) Lawrence Berkeley National Laboratory;\n                    (G) National Energy Technology Laboratory;\n                    (H) National Renewable Energy Laboratory;\n                    (I) Oak Ridge National Laboratory;\n                    (J) Pacific Northwest National Laboratory;\n                    (K) Princeton Plasma Physics Laboratory;\n                    (L) Savannah River National Laboratory;\n                    (M) Stanford Linear Accelerator Center;\n                    (N) Thomas Jefferson National Accelerator Facility; \n                and\n                    (O) any laboratory operated by the National Nuclear \n                Security Administration, but only with respect to the \n                civilian energy activities thereof.\n            (3) Secretary.--The term ``Secretary'' means the Secretary \n        of Energy.\n\nSEC. 3. SAVINGS CLAUSE.\n\n    Nothing in this Act or an amendment made by this Act abrogates or \notherwise affects the primary responsibilities of any National \nLaboratory to the Department.\n\n         TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY\n\nSEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.\n\n    Not later than 1 year after the date of enactment of this Act, and \nannually thereafter, the Secretary shall transmit to the Committee on \nScience, Space, and Technology of the House of Representatives and the \nCommittee on Energy and Natural Resources of the Senate a report which \nshall include--\n            (1) an assessment of the Department's current ability to \n        carry out the goals of section 1001 of the Energy Policy Act of \n        2005 (42 U.S.C. 16391), including an assessment of the role and \n        effectiveness of the Director of the Office of Technology \n        Transitions; and\n            (2) recommended departmental policy changes and legislative \n        changes to section 1001 of the Energy Policy Act of 2005 (42 \n        U.S.C. 16391) to improve the Department's ability to \n        successfully transfer new energy technologies to the private \n        sector.\n\nSEC. 102. SENSE OF CONGRESS.\n\n    It is the sense of the Congress that the Secretary should encourage \nthe National Laboratories and federally funded research and development \ncenters to inform small businesses of the opportunities and resources \nthat exist pursuant to this Act.\n\nSEC. 103. NUCLEAR ENERGY INNOVATION.\n\n    Not later than 180 days after the date of enactment of this Act, \nthe Secretary, in consultation with the National Laboratories, relevant \nFederal agencies, and other stakeholders, shall transmit to the \nCommittee on Science, Space, and Technology of the House of \nRepresentatives and the Committee on Energy and Natural Resources of \nthe Senate a report assessing the Department's capabilities to \nauthorize, host, and oversee privately funded fusion and non-light \nwater reactor prototypes and related demonstration facilities at \nDepartment-owned sites. For purposes of this report, the Secretary \nshall consider the Department's capabilities to facilitate privately-\nfunded prototypes up to 20 megawatts thermal output. The report shall \naddress the following:\n            (1) The Department's safety review and oversight \n        capabilities.\n            (2) Potential sites capable of hosting research, \n        development, and demonstration of prototype reactors and \n        related facilities for the purpose of reducing technical risk.\n            (3) The Department's and National Laboratories' existing \n        physical and technical capabilities relevant to research, \n        development, and oversight.\n            (4) The efficacy of the Department's available contractual \n        mechanisms, including cooperative research and development \n        agreements, work for others agreements, and agreements for \n        commercializing technology.\n            (5) Potential cost structures related to physical security, \n        decommissioning, liability, and other long-term project costs.\n            (6) Other challenges or considerations identified by the \n        Secretary, including issues related to potential cases of \n        demonstration reactors up to 2 gigawatts of thermal output.\n\n     TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS\n\nSEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.\n\n    (a) In General.--The Secretary shall carry out the Agreements for \nCommercializing Technology pilot program of the Department, as \nannounced by the Secretary on December 8, 2011, in accordance with this \nsection.\n    (b) Terms.--Each agreement entered into pursuant to the pilot \nprogram referred to in subsection (a) shall provide to the contractor \nof the applicable National Laboratory, to the maximum extent determined \nto be appropriate by the Secretary, increased authority to negotiate \ncontract terms, such as intellectual property rights, payment \nstructures, performance guarantees, and multiparty collaborations.\n    (c) Eligibility.--\n            (1) In general.--Any director of a National Laboratory may \n        enter into an agreement pursuant to the pilot program referred \n        to in subsection (a).\n            (2) Agreements with non-federal entities.--To carry out \n        paragraph (1) and subject to paragraph (3), the Secretary shall \n        permit the directors of the National Laboratories to execute \n        agreements with a non-Federal entity, including a non-Federal \n        entity already receiving Federal funding that will be used to \n        support activities under agreements executed pursuant to \n        paragraph (1), provided that such funding is solely used to \n        carry out the purposes of the Federal award.\n            (3) Restriction.--The requirements of chapter 18 of title \n        35, United States Code (commonly known as the ``Bayh-Dole \n        Act'') shall apply if--\n                    (A) the agreement is a funding agreement (as that \n                term is defined in section 201 of that title); and\n                    (B) at least 1 of the parties to the funding \n                agreement is eligible to receive rights under that \n                chapter.\n    (d) Submission to Secretary.--Each affected director of a National \nLaboratory shall submit to the Secretary, with respect to each \nagreement entered into under this section--\n            (1) a summary of information relating to the relevant \n        project;\n            (2) the total estimated costs of the project;\n            (3) estimated commencement and completion dates of the \n        project; and\n            (4) other documentation determined to be appropriate by the \n        Secretary.\n    (e) Certification.--The Secretary shall require the contractor of \nthe affected National Laboratory to certify that each activity carried \nout under a project for which an agreement is entered into under this \nsection--\n            (1) is not in direct competition with the private sector; \n        and\n            (2) does not present, or minimizes, any apparent conflict \n        of interest, and avoids or neutralizes any actual conflict of \n        interest, as a result of the agreement under this section.\n    (f) Extension.--The pilot program referred to in subsection (a) \nshall be extended until October 31, 2017.\n    (g) Reports.--\n            (1) Overall assessment.--Not later than 60 days after the \n        date described in subsection (f), the Secretary, in \n        coordination with directors of the National Laboratories, shall \n        submit to the Committee on Science, Space, and Technology of \n        the House of Representatives and the Committee on Energy and \n        Natural Resources of the Senate a report that--\n                    (A) assesses the overall effectiveness of the pilot \n                program referred to in subsection (a);\n                    (B) identifies opportunities to improve the \n                effectiveness of the pilot program;\n                    (C) assesses the potential for program activities \n                to interfere with the responsibilities of the National \n                Laboratories to the Department; and\n                    (D) provides a recommendation regarding the future \n                of the pilot program.\n            (2) Transparency.--The Secretary, in coordination with \n        directors of the National Laboratories, shall submit to the \n        Committee on Science, Space, and Technology of the House of \n        Representatives and the Committee on Energy and Natural \n        Resources of the Senate an annual report that accounts for all \n        incidences of, and provides a justification for, non-Federal \n        entities using funds derived from a Federal contract or award \n        to carry out agreements pursuant to this section.\n\nSEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.\n\n    (a) In General.--Subject to subsections (b) and (c), the Secretary \nshall delegate to directors of the National Laboratories signature \nauthority with respect to any agreement described in subsection (b) the \ntotal cost of which (including the National Laboratory contributions \nand project recipient cost share) is less than $1,000,000, if such an \nagreement falls within the scope of--\n            (1) a strategic plan for the National Laboratory that has \n        been approved by the Department; or\n            (2) the most recent Congressionally approved budget for \n        Department activities to be carried out by the National \n        Laboratory.\n    (b) Agreements.--Subsection (a) applies to--\n            (1) a cooperative research and development agreement;\n            (2) a non-Federal work-for-others agreement; and\n            (3) any other agreement determined to be appropriate by the \n        Secretary, in collaboration with the directors of the National \n        Laboratories.\n    (c) Administration.--\n            (1) Accountability.--The director of the affected National \n        Laboratory and the affected contractor shall carry out an \n        agreement under this section in accordance with applicable \n        policies of the Department, including by ensuring that the \n        agreement does not compromise any national security, economic, \n        or environmental interest of the United States.\n            (2) Certification.--The director of the affected National \n        Laboratory and the affected contractor shall certify that each \n        activity carried out under a project for which an agreement is \n        entered into under this section does not present, or minimizes, \n        any apparent conflict of interest, and avoids or neutralizes \n        any actual conflict of interest, as a result of the agreement \n        under this section.\n            (3) Availability of records.--Within 30 days of entering an \n        agreement under this section, the director of a National \n        Laboratory shall submit to the Secretary for monitoring and \n        review all records of the National Laboratory relating to the \n        agreement.\n            (4) Rates.--The director of a National Laboratory may \n        charge higher rates for services performed under a partnership \n        agreement entered into pursuant to this section, regardless of \n        the full cost of recovery, if such funds are used exclusively \n        to support further research and development activities at the \n        respective National Laboratory.\n    (d) Exception.--This section does not apply to any agreement with a \nmajority foreign-owned company.\n    (e) Conforming Amendment.--Section 12 of the Stevenson-Wydler \nTechnology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--\n            (1) in subsection (a)--\n                    (A) by redesignating paragraphs (1) and (2) as \n                subparagraphs (A) and (B), respectively, and indenting \n                the subparagraphs appropriately;\n                    (B) by striking ``Each Federal agency'' and \n                inserting the following:\n            ``(1) In general.--Except as provided in paragraph (2), \n        each Federal agency''; and\n                    (C) by adding at the end the following:\n            ``(2) Exception.--Notwithstanding paragraph (1), in \n        accordance with section 202(a) of the Department of Energy \n        Laboratory Modernization and Technology Transfer Act of 2015, \n        approval by the Secretary of Energy shall not be required for \n        any technology transfer agreement proposed to be entered into \n        by a National Laboratory of the Department of Energy, the total \n        cost of which (including the National Laboratory contributions \n        and project recipient cost share) is less than $1,000,000.''; \n        and\n            (2) in subsection (b), by striking ``subsection (a)(1)'' \n        each place it appears and inserting ``subsection (a)(1)(A)''.\n\nSEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN \n              AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.\n\n    Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is \namended by--\n            (1) redesignating subsection (g) as subsection (h); and\n            (2) inserting after subsection (f) the following:\n    ``(g) Early-Stage Technology Demonstration.--The Secretary shall \npermit the directors of the National Laboratories to use funds \nauthorized to support technology transfer within the Department to \ncarry out early-stage and pre-commercial technology demonstration \nactivities to remove technology barriers that limit private sector \ninterest and demonstrate potential commercial applications of any \nresearch and technologies arising from National Laboratory \nactivities.''.\n\nSEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION \n              AND OTHER NONPROFIT INSTITUTIONS.\n\n    Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. \n16352(b)) is amended--\n            (1) in paragraph (1), by striking ``Except as provided in \n        paragraphs (2) and (3)'' and inserting ``Except as provided in \n        paragraphs (2), (3), and (4)''; and\n            (2) by adding at the end the following:\n            ``(4) Exemption for institutions of higher education and \n        other nonprofit institutions.--\n                    ``(A) In general.--Paragraph (1) shall not apply to \n                a research or development activity performed by an \n                institution of higher education or nonprofit \n                institution (as defined in section 4 of the Stevenson-\n                Wydler Technology Innovation Act of 1980 (15 U.S.C. \n                3703)).\n                    ``(B) Termination date.--The exemption under \n                subparagraph (A) shall apply during the 6-year period \n                beginning on the date of enactment of this \n                paragraph.''.\n\nSEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.\n\n    The Secretary may enter into an agreement with the Director of the \nNational Science Foundation to enable researchers funded by the \nDepartment to participate in the National Science Foundation Innovation \nCorps program.\n\n                    TITLE III--ASSESSMENT OF IMPACT\n\nSEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.\n\n    Not later than 3 years after the date of enactment of this Act, the \nComptroller General of the United States shall submit to Congress a \nreport--\n            (1) describing the results of the projects developed under \n        sections 201, 202, and 203, including information regarding--\n                    (A) partnerships initiated as a result of those \n                projects and the potential linkages presented by those \n                partnerships with respect to national priorities and \n                other taxpayer-funded research; and\n                    (B) whether the activities carried out under those \n                projects result in--\n                            (i) fiscal savings;\n                            (ii) expansion of National Laboratory \n                        capabilities;\n                            (iii) increased efficiency of technology \n                        transfers; or\n                            (iv) an increase in general efficiency of \n                        the National Laboratory system; and\n            (2) assess the scale, scope, efficacy, and impact of the \n        Department's efforts to promote technology transfer and private \n        sector engagement at the National Laboratories, and make \n        recommendations on how the Department can improve these \n        activities.\n\n            Passed the House of Representatives May 19, 2015.\n\n            Attest:\n\n                                                 KAREN L. HAAS,\n\n                                                                 Clerk.","title":""}
+{"_id":"c48","text":"SECTION 1. POTENTIAL PROBLEM OFFICER EARLY WARNING PROGRAMS.\n\n    (a) Declarations.--The Congress finds and declares that--\n            (1) police brutality is a problem of deep concern; and\n            (2) the Congress has an interest in assisting local units \n        in creating early warning systems that are effective, \n        resilient, and affordable to the local units.\n    (b) Definition.--In this Act, ``potential problem officer early \nwarning program'' means a system of procedures that is designed to--\n            (1) identify police officers who have been the subject of \n        an excessive number of legitimate complaints of excessive use \n        of force by members of the public or have otherwise \n        demonstrated the potentiality of having difficulty dealing \n        appropriately with members of the public;\n            (2) provide assistance to such officers in avoiding such \n        difficulty in the future, including the provision of training \n        in communication techniques, conflict resolution, and stress \n        management; and\n            (3) apply discipline where appropriate.\n    (c) Evaluation and Report.--\n            (1) Evaluation.--The Attorney General, acting through the \n        Director of the National Institute of Justice, shall--\n                    (A) conduct an evaluation of potential problem \n                officer early warning programs that are being or have \n                been utilized by units of local government, including \n                analyses of--\n                            (i) the effect on such programs of factors \n                        such as the population and geographic size and \n                        characteristics of a jurisdiction and the \n                        ability of such programs to adjust in a \n                        resilient manner to changes in such factors;\n                            (ii) the potential savings that local \n                        governments can realize from the operation of \n                        such programs as a result of the reduction in \n                        the number of citizen complaints, the reduction \n                        in the number of occasions in which it is \n                        necessary to change the duty assignments of or \n                        to dismiss (and replace) problem officers, and \n                        other beneficial effects;\n                            (iii) the positive and negative effects \n                        that such programs may have on the law \n                        enforcement system, such as their effect on \n                        police morale and the ability of police \n                        officers to perform their law enforcement \n                        duties;\n                            (iv) the ability of such programs to ensure \n                        the exoneration of officers whose conduct is \n                        proper while identifying those whose conduct \n                        indicates the necessity or desirability of \n                        prophylactic action; and\n                            (v) the costs of establishing such programs \n                        and of operating and monitoring the \n                        effectiveness of such programs on a permanent \n                        basis;\n                    (B) develop a model early warning system that is \n                effective, capable of adjusting to changing \n                circumstances, and affordable to units (or combinations \n                of units) of local government of jurisdictions (or \n                combinations of jurisdictions) with populations of \n                50,000 or more; and\n                    (C) prepare and disseminate to the law enforcement \n                community, including Federal, State and local law \n                enforcement agencies, findings and recommendations made \n                as a result of the evaluation for the establishment of \n                such programs.\n            (2) Report.--On or before October 1, 1994, the Attorney \n        General shall submit to Congress a report addressing the \n        matters described in paragraph (1), with recommendations \n        concerning the need or appropriateness of further action by the \n        Federal Government.\n            (3) Expenses.--Expenses incurred in conducting the \n        evaluation and developing a model potential problem officer \n        early warning system under paragraph (1) shall be paid out of \n        funds that are available to the National Institute of Justice \n        and not specifically appropriated for other purposes, to the \n        extent that such funds can be made available without increasing \n        the amount of appropriations for the National Institute of \n        Justice for any fiscal year over the amount appropriated for \n        fiscal year 1993.\n    (d) Sense of Congress.--It is the sense of Congress that--\n            (1) the Attorney General should, under existing authorities \n        and using appropriations available for those authorities and \n        funds otherwise available to the Attorney General, make seed \n        money grants of up to $25,000 each to units (or combinations of \n        units) of local government of jurisdictions (or combinations of \n        jurisdictions) of a population of 50,000 or more for the \n        purpose of assisting the police department (or other entity \n        that performs the functions of a police department) in \n        establishing a potential problem officer early warning program;\n            (2) a unit of local government should be eligible to \n        receive a grant described in subsection (c) if--\n                    (A) its police department (or other entity that \n                performs the functions of a police department) adopts \n                and enforces--\n                            (i) a written policy prohibiting the use of \n                        unreasonable or unnecessary physical force by \n                        law enforcement officers; and\n                            (ii) written procedures for receiving and \n                        investigating citizen complaints alleging \n                        misconduct by law enforcement officers;\n                    (B) the program to be funded includes provisions \n                for continuing self-monitoring of the program, \n                including the provision to the Attorney General of \n                information that may be useful in performing the \n                evaluation and developing the model program described \n                in subsection (d)(1); and\n                    (C) the grant recipient demonstrates a commitment \n                to the long-term continuance of the program and the \n                reduction of the incidence of police brutality;\n            (3) a policy described in paragraph (2)(A) should--\n                    (A) restrict the use of force to circumstances \n                authorized by law and to the degree minimally necessary \n                to accomplish a lawful law enforcement purpose; and\n                    (B) include procedures for reporting and monitoring \n                the use of force by officers within the jurisdiction of \n                the department;\n            (4) the procedures described in paragraph (2)(B) should \n        require that complainants--\n                    (A) be allowed to receive copies of their \n                complaints;\n                    (B) be informed of the findings, disposition, and \n                specific disciplinary actions, if any, resulting from \n                their complaints; and\n                    (C) be permitted to attend any disciplinary \n                hearings that result from their complaints;\n            (5) a unit (or combination of units) of local government \n        should receive grants described in this subsection in amounts \n        that do not exceed $50,000 in the aggregate; and\n            (6) the total amount of grants described in this subsection \n        that are made during fiscal years 1994, 1995, 1996, 1997, and \n        1998 should not exceed $5,000,000.","title":""}
+{"_id":"c480","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Pipeline \nImprovement and Preventing Spills Act of 2015''.\n    (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n                   TITLE I--INFORMATION TRANSPARENCY\n\nSec. 101. References to title 49, United States Code.\nSec. 102. Notice to property owners and residents.\nSec. 103. Facility operation information standards.\nSec. 104. Availability of industry standards and procedures adopted in \n                            regulations by reference.\nSec. 105. Considerations for identification of high-consequence areas.\n                  TITLE II--PIPELINE SPILL PREVENTION\n\nSec. 201. Assessment of oil spill impacts and response in the Great \n                            Lakes.\nSec. 202. Great Lakes Basin water crossing study and alternatives \n                            assessment.\nSec. 203. Prohibition on transport of crude oil on Great Lakes.\nSec. 204. Definition of worst case discharge.\n\n                   TITLE I--INFORMATION TRANSPARENCY\n\nSEC. 101. REFERENCES TO TITLE 49, UNITED STATES CODE.\n\n    Except as otherwise expressly provided, whenever in this Act an \namendment or repeal is expressed in terms of an amendment to, or a \nrepeal of, a section or other provision, the reference shall be \nconsidered to be made to a section or other provision of title 49, \nUnited States Code.\n\nSEC. 102. NOTICE TO PROPERTY OWNERS AND RESIDENTS.\n\n    Section 60102(c)(4) is amended by adding at the end the following:\n                    ``(C) Notice to property owners and residents.--\n                            ``(i) In general.--Not later than 1 year \n                        after the date of enactment of this \n                        subparagraph, the Secretary shall prescribe \n                        minimum standards to require the owner or \n                        operator of a pipeline facility to notify all \n                        owners and residents of property located within \n                        2,000 feet of a transmission line of the \n                        facility of--\n                                    ``(I) the proximity of the property \n                                to the transmission line; and\n                                    ``(II) in the case of a \n                                transmission line located on private \n                                residential property, the specific \n                                location of the line on the property.\n                            ``(ii) Required information.--The notice \n                        under clause (i) shall include, at a minimum--\n                                    ``(I) a method for electronic \n                                access to the information described in \n                                clause (i) through the Geospatial \n                                Platform or such other Federal data \n                                archive as the Secretary considers \n                                appropriate;\n                                    ``(II) information on how to obtain \n                                a map of the pipeline system through \n                                the National Pipeline Mapping System; \n                                and\n                                    ``(III) such other information as \n                                the Secretary considers appropriate.\n                            ``(iii) Deadlines.--The notice under clause \n                        (i) shall be provided not later than 2 years \n                        after the date of enactment of this \n                        subparagraph and at least once every 3 years \n                        thereafter.''.\n\nSEC. 103. FACILITY OPERATION INFORMATION STANDARDS.\n\n    Section 60102(d) is amended--\n            (1) in paragraph (2), by redesignating subparagraphs (A) \n        and (B) as clauses (i) and (ii), respectively, and indenting \n        appropriately;\n            (2) in paragraph (3), by redesignating subparagraphs (A) \n        and (B) as clauses (i) and (ii), respectively, and indenting \n        appropriately;\n            (3) in paragraph (5), by redesignating subparagraphs (A) \n        through (C) as clauses (i) through (iii), respectively, and \n        indenting appropriately;\n            (4) by designating paragraphs (1) through (6) as \n        subparagraphs (A) through (F), respectively, and indenting \n        appropriately; and\n            (5) by striking ``The Secretary'' and all that follows \n        through ``shall include--'' and inserting the following:\n            ``(1) In general.--Subject to paragraph (2), not later than \n        1 year after the date of enactment of the Pipeline Improvement \n        and Preventing Spills Act of 2015, the Secretary shall \n        prescribe minimum standards under this section requiring an \n        operator of a pipeline facility subject to this chapter--\n                    ``(A) to maintain information related to operating \n                the facility as required by the standards prescribed \n                under this chapter; and\n                    ``(B) to provide that information, including any \n                updates and changes, to the Secretary, State regulatory \n                officials, State and local emergency responders, and \n                such other entities as the Secretary considers \n                appropriate.\n            ``(2) Local emergency responders.--In the case of a local \n        emergency responder, the Secretary shall provide the \n        information described in subparagraphs (A), (B), (E), and (F) \n        of paragraph (4) only to the extent applicable to the local \n        district.\n            ``(3) Maintenance.--The Secretary shall keep on file the \n        information submitted to the Secretary under paragraphs (1) and \n        (2).\n            ``(4) Information.--The information shall include--''.\n\nSEC. 104. AVAILABILITY OF INDUSTRY STANDARDS AND PROCEDURES ADOPTED IN \n              REGULATIONS BY REFERENCE.\n\n    Section 60102 is amended by adding at the end the following:\n    ``(q) Availability of Industry Standards and Procedures Adopted in \nRegulations by Reference.--\n            ``(1) In general.--The Secretary shall ensure that industry \n        standards and procedures adopted by reference as part of the \n        Federal pipeline safety regulatory program under this chapter \n        are easily available to the public free of charge.\n            ``(2) Application.--This subsection shall apply to \n        regulations issued before, on, or after the date of enactment \n        of this subsection.''.\n\nSEC. 105. CONSIDERATIONS FOR IDENTIFICATION OF HIGH-CONSEQUENCE AREAS.\n\n    Section 60109 is amended by adding at the end the following:\n    ``(g) Considerations for Identification of High-Consequence \nAreas.--In identifying high-consequence areas under this chapter, the \nSecretary shall consider--\n            ``(1) the age of the pipe;\n            ``(2) whether the pipe at issue can be inspected using the \n        most modern instrumented internal inspection devices;\n            ``(3) whether the pipe at issue crosses open waters of the \n        Great Lakes; and\n            ``(4) the type of commodity (including the type and grade \n        of petroleum product) being transported through the pipe.''.\n\n                  TITLE II--PIPELINE SPILL PREVENTION\n\nSEC. 201. ASSESSMENT OF OIL SPILL IMPACTS AND RESPONSE IN THE GREAT \n              LAKES.\n\n    (a) Assessment.--\n            (1) In general.--The Interagency Coordinating Committee on \n        Oil Pollution Research, in consultation with the Secretary of \n        the department in which the Coast Guard is operating, the \n        Administrator of the Environmental Protection Agency, and the \n        heads of other relevant agencies, shall--\n                    (A) identify measures to respond to spills or leaks \n                of oil in the Great Lakes; and\n                    (B) conduct an assessment of the effectiveness of \n                such measures in preventing significant or substantial \n                harm to the public health or welfare, including fish, \n                shellfish, wildlife, public and private property, \n                shorelines, and beaches of the Great Lakes system.\n            (2) Elements.--The assessment required under paragraph (1) \n        shall include--\n                    (A) new scientific research on the impacts of a \n                spill or leak of oil or a hazardous substance in fresh \n                water under a wide range of meteorological and \n                hydrological conditions, including an evaluation of the \n                impacts of different types of petroleum, including \n                synthetic oil from tar sands;\n                    (B) an evaluation of oil spill or leak prevention \n                and response plans (including techniques to address \n                submerged oil recovery and recovery in ice-choked \n                waters) in order to identify vulnerabilities and \n                existing threats to the Great Lakes system; and\n                    (C) recommendations to foster improvements to \n                safety technologies, spill response planning, clean-up \n                techniques, and environmental protection systems.\n    (b) Report to Congress.--Not later than 1 year after the date of \nenactment of this Act, the Interagency Coordinating Committee on Oil \nPollution Research shall submit to Congress a report on the results of \nthe assessment required under subsection (a).\n\nSEC. 202. GREAT LAKES BASIN WATER CROSSING STUDY AND ALTERNATIVES \n              ASSESSMENT.\n\n    (a) Survey Required.--Not later than 1 year after the date of \nenactment of this Act, the Secretary of Transportation, working with \npipeline facility owners, operators, and State governments, shall \nconduct a comprehensive water crossing survey of all intrastate and \ninterstate hazardous liquid pipeline facilities that cross waterways in \nthe Great Lakes Basin in the waters of the United States (as defined in \nthe final rule of the Corps of Engineers and the Environmental \nProtection Agency entitled ``Clean Water Rule: Definition of `Waters of \nthe United States''' (80 Fed. Reg. 37054; June 29, 2015)).\n    (b) Elements.--The survey required under subsection (a) shall--\n            (1) produce a comprehensive map of all hazardous pipeline \n        waterway crossings in the Great Lakes Basin, including lakes, \n        rivers, and streams;\n            (2) evaluate the condition and structural integrity of \n        pipelines at each crossing, considering factors that include \n        pipeline thickness, diameter, weld integrity, internal and \n        external corrosion, age, pressure, control and shut-off valves, \n        burial depths, water depths, currents, and ice cover;\n            (3) identify risks of leak and rupture resulting from \n        pipeline integrity failures, or any other vulnerability at the \n        pipeline water crossings;\n            (4) identify gaps in data and information that exist in the \n        pipeline network in the Great Lakes Basin, and request \n        information related to pipeline integrity or risks from owners \n        and operators with facilities that cross lakes, rivers, and \n        streams; and\n            (5) produce recommendations to prevent future leaks, \n        ruptures, and failures that could result in damage to waterways \n        and natural resources in the Great Lakes Basin.\n    (c) National Research Council Study.--\n            (1) In general.--Not later than 1 year after the date of \n        enactment of this Act, the Secretary of Transportation shall \n        enter into a joint agreement with the National Research Council \n        of the National Academies of Sciences to conduct a study in \n        connection with the survey under this section.\n            (2) Elements.--The study conducted under this subsection \n        shall include--\n                    (A) a study covering the elements described under \n                paragraphs (4) and (5) of subsection (b);\n                    (B) consideration of ways in which review of \n                facility response plans as required by the Oil \n                Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and \n                approval of permits under section 404 of the Federal \n                Water Pollution Control Act (33 U.S.C. 1344) in \n                accordance with the National Environmental Policy Act \n                of 1969 (42 U.S.C. 4321 et seq.) of future and existing \n                pipelines that cross waterways in the Great Lakes Basin \n                would help prevent spills in the Great Lakes; and\n                    (C) a risk assessment analysis for alternative \n                transportation options to the hazardous liquid pipeline \n                facility that crosses from the Upper Peninsula of \n                Michigan to the Lower Peninsula of Michigan through the \n                Straits of Mackinac, including--\n                            (i) no action (status quo);\n                            (ii) rerouting;\n                            (iii) decommissioning and abandoning;\n                            (iv) replacing;\n                            (v) modifying operations (such as limiting \n                        pipeline product transport to only natural gas \n                        liquids); and\n                            (vi) other transportation means.\n\nSEC. 203. PROHIBITION ON TRANSPORT OF CRUDE OIL ON GREAT LAKES.\n\n    Section 108 of the Federal Water Pollution Control Act (33 U.S.C. \n1258) is amended--\n            (1) by redesignating subsection (e) as subsection (f); and\n            (2) by inserting after subsection (d) the following:\n    ``(e) Prohibition on Transport of Crude Oil on Great Lakes.--\nNotwithstanding any other provision of law, effective beginning on the \ndate of enactment of the Pipeline Improvement and Preventing Spills Act \nof 2015, crude oil (as that term is defined in section 2101 of title \n46, United States Code) and crude oil derived from oil sands may not be \ntransported on the Great Lakes by vessel (as that term is defined in \nsection 3 of title 1, United States Code).''.\n\nSEC. 204. DEFINITION OF WORST CASE DISCHARGE.\n\n    Section 311(a)(24)(B) of the Federal Water Pollution Control Act \n(33 U.S.C. 1321(a)(24)(B)) is amended by inserting before the semicolon \nat the end the following: ``, including conditions in which waters that \nmay receive a discharge are covered in whole or in part by ice''.","title":""}
+{"_id":"c481","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Provide for the \nCommon Defense Act of 2013''.\n    (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\n  TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY\n\nSec. 101. Elimination of 251A reductions for revised security category \n                            in fiscal years 2014 and 2015.\n                  TITLE II--OFFSETTING PAYMENT CHANGES\n\n                          Subtitle A--Medicare\n\nSec. 201. Adjustments to calculation of Medicare part B and part D \n                            premiums for high-income beneficiaries.\nSec. 202. Increase in part B deductible for new enrollees.\n                        Subtitle B--Agriculture\n\nSec. 211. Cap on overall rate of return for crop insurance providers.\nSec. 212. Cap on reimbursements for administrative and operating \n                            expenses of crop insurance providers.\nSec. 213. Reduction in share of crop insurance premium paid by Federal \n                            Crop Insurance Corporation.\n                     Subtitle C--Federal Retirement\n\nSec. 221. Retirement contributions.\nSec. 222. Annuity supplement.\nSec. 223. Use of Chained Consumer Price Index.\n                        Subtitle D--Chained CPI\n\nSec. 231. Change in index used to calculate Social Security cost-of-\n                            living adjustments.\n\n  TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY\n\nSEC. 101. ELIMINATION OF 251A REDUCTIONS FOR REVISED SECURITY CATEGORY \n              IN FISCAL YEARS 2014 AND 2015.\n\n    (a) Elimination of the Adjustment Under Section 251A for Fiscal \nYears 2014 and 2015.--Section 251A of the Balanced Budget and Emergency \nDeficit Control Act of 1985 (2 U.S.C. 901a) is amended--\n            (1) in paragraphs (7)(B) and (8), by striking ``On the \n        date'' in each instance and inserting ``Subject to paragraph \n        (12), on the date''; and\n            (2) by adding at the end the following new paragraph:\n            ``(12) No reductions for revised security category in \n        fiscal years 2014 and 2015.--Paragraphs (7)(B) and (8) shall \n        have no force or effect for fiscal years 2014 and 2015 with \n        respect to the revised security category.''.\n    (b) Discretionary Spending Limits for the Revised Security Category \nin Fiscal Years 2014 and 2015.--For purposes of section 251(c) of the \nBalanced Budget and Emergency Deficit Control Act of 1985 (as modified \nby section 251A(2) of such Act), for fiscal years 2014 and 2015, the \ndiscretionary spending limit for the revised security category in each \nsuch fiscal year shall be $552,000,000,000 and $566,000,000,000, \nrespectively.\n\n                  TITLE II--OFFSETTING PAYMENT CHANGES\n\n                          Subtitle A--Medicare\n\nSEC. 201. ADJUSTMENTS TO CALCULATION OF MEDICARE PART B AND PART D \n              PREMIUMS FOR HIGH-INCOME BENEFICIARIES.\n\n    (a) Increase in Applicable Percentage Used To Calculate Premiums.--\nSection 1839(i)(3)(C)(i) of the Social Security Act (42 U.S.C. \n1395r(i)(3)(C)(i)) is amended--\n            (1) by inserting after ``In general.--'' the following:\n                                    ``(I) Years before 2017.--For \n                                calendar years prior to 2017:''; and\n            (2) by adding at the end the following new subclause:\n                            ``(II) 2017 and subsequent years.--For \n                        calendar year 2017 and each subsequent calendar \n                        year:\n\n``If the modified adjusted                               The applicable\n   gross income is:                                      percentage is:\n        More than $85,000 but not more than $107,000...........     40 \n        More than $107,000 but not more than $160,000..........     55 \n        More than $160,000 but not more than $214,000..........     70 \n        More than $214,000.....................................  90.''.\n    (b) Temporary Adjustment to Income Thresholds Used To Calculate \nPremiums.--\n            (1) In general.--Section 1839(i)(6) of the Social Security \n        Act (42 U.S.C. 1395r(i)(6)) is amended in the matter preceding \n        subparagraph (A) by striking ``December 31, 2019'' and \n        inserting ``December 31 of the year after 2019 that is the \n        first year after the year in which at least 25 percent of \n        individuals enrolled under this part are subject to a reduction \n        under this subsection to the monthly amount of the premium \n        subsidy applicable to the premium under this section.''.\n            (2) Application of inflation adjustment.--Section \n        1839(i)(5) of the Social Security Act (42 U.S.C. 1395r(i)(5)) \n        is amended--\n                    (A) in subparagraph (A), by striking ``In the \n                case'' and inserting ``Subject to subparagraph (C), in \n                the case''; and\n                    (B) by adding at the end the following new \n                subparagraph:\n                    ``(C) Treatment of years after temporary adjustment \n                period.--In applying subparagraph (A) for the first \n                year beginning after the period described in paragraph \n                (6) and for each subsequent year, the 12-month period \n                ending with August 2006 described in clause (ii) of \n                such subparagraph shall be deemed to be the 12-month \n                period ending with August of the last year of such \n                period described in paragraph (6).''.\n\nSEC. 202. INCREASE IN PART B DEDUCTIBLE FOR NEW ENROLLEES.\n\n    Section 1833 of the Social Security Act (42 U.S.C. 1395l) is \namended--\n            (1) in the first sentence of subsection (b), by inserting \n        ``(subject to subsection (z))'' after ``for a subsequent \n        year''; and\n            (2) by adding at the end the following:\n    ``(z) Higher Deductible for New Enrollees.--In the case of an \nindividual who is not enrolled under this part before January 1, 2017, \nthe amount of the deductible under subsection (b)--\n            ``(1) for 2017 shall be the amount otherwise determined \n        under such subsection for 2017 increased by $25;\n            ``(2) for 2018 shall be the amount otherwise determined \n        under such subsection for 2018, taking into account the \n        application of the previous paragraph;\n            ``(3) for 2019 shall be the amount otherwise determined \n        under such subsection for 2019, taking into the application of \n        the previous paragraphs, , increased by $25;\n            ``(4) for 2020 shall be the amount otherwise determined \n        under such subsection for 2020, taking into account the \n        application of the previous paragraphs, increased by $25;\n            ``(5) for 2021 shall be the amount otherwise determined \n        under such subsection for 2021, taking into account the \n        application of the previous paragraphs, increased by $25; and\n            ``(6) for any subsequent year shall be the amount otherwise \n        determined under such subsection for such year, taking into \n        account the application of the previous paragraphs and this \n        paragraph for previous years.''.\n\n                        Subtitle B--Agriculture\n\nSEC. 211. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS.\n\n    Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)) \nis amended--\n            (1) by designating paragraph (3) as subparagraph (A) (and \n        adjusting the margin two ems to the right);\n            (2) by inserting before subparagraph (A) (as so designated) \n        the following:\n            ``(3) Risk.--''; and\n            (3) by adding at the end the following new subparagraph:\n                    ``(B) Cap on overall rate of return.--The target \n                rate of return for all the companies combined for the \n                2014 and subsequent reinsurance years shall be 12.8 \n                percent of retained premium.''.\n\nSEC. 212. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING \n              EXPENSES OF CROP INSURANCE PROVIDERS.\n\n    Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. \n1508(k)(4)) is amended by adding at the end the following new \nsubparagraph:\n                    ``(G) Additional cap on reimbursements.--\n                Notwithstanding subparagraphs (A) through (F), total \n                reimbursements for administrative and operating costs \n                for the 2014 insurance year for all types of policies \n                and plans of insurance shall not exceed $935,000,000. \n                For each subsequent insurance year, the dollar amount \n                in effect pursuant to the preceding sentence shall be \n                increased by the same inflation factor as established \n                for the administrative and operating costs cap in the \n                2011 Standard Reinsurance Agreement.''.\n\nSEC. 213. REDUCTION IN SHARE OF CROP INSURANCE PREMIUM PAID BY FEDERAL \n              CROP INSURANCE CORPORATION.\n\n    (a) Catastrophic Risk Protection.--Section 508(d)(2)(A) of the \nFederal Crop Insurance Act (7 U.S.C. 1508(d)(2)(A)) is amended by \nstriking ``sufficient to cover anticipated losses and a reasonable \nreserve'' and inserting ``for all crops for which catastrophic risk \nprotection coverage is available shall be reduced by the percentage \nequal to the difference between the average loss ratio for such crop \nand 100 percent, plus a reasonable reserve''.\n    (b) Additional Coverage.--Section 508(e)(2) of the Federal Crop \nInsurance Act (7 U.S.C. 1508(e)(2)) is amended--\n            (1) in subparagraph (B)(i), by striking ``67'' and \n        inserting ``64'';\n            (2) in subparagraph (C)(i), by striking ``64'' and \n        inserting ``61'';\n            (3) in subparagraph (D)(i), by striking ``59'' and \n        inserting ``56''; and\n            (4) in subparagraph (E)(i), by striking ``55'' and \n        inserting ``52''.\n    (c) Enterprise and Whole Farm Units.--Section 508(e)(5)(C) of the \nFederal Crop Insurance Act (7 U.S.C. 1508(e)(5)(C)) is amended by \nstriking ``80'' and inserting ``77''.\n    (d) Area Revenue Plans.--Section 508(e)(6) of the Federal Crop \nInsurance Act (7 U.S.C. 1508(e)(6)) is amended--\n            (1) in subparagraph (A)(i), by striking ``59'' and \n        inserting ``56''; and\n            (2) in subparagraph (B)(i), by striking ``55'' and \n        inserting ``52''.\n    (e) Area Yield Plans.--Section 508(e)(7) of the Federal Crop \nInsurance Act (7 U.S.C. 1508) is amended--\n            (1) in subparagraph (A)(i), by striking ``59'' and \n        inserting ``56'';\n            (2) in subparagraph (B)(i), by striking ``55'' and \n        inserting ``52''; and\n            (3) in subparagraph (C)(i), by striking ``51'' and \n        inserting ``48''.\n    (f) Effective Date.--The amendments made by this section shall \napply with respect to the first contract change date for a contract \nunder the Federal Crop Insurance Act occurring after the date of the \nenactment of this Act.\n\n                     Subtitle C--Federal Retirement\n\nSEC. 221. RETIREMENT CONTRIBUTIONS.\n\n    (a) Civil Service Retirement System.--\n            (1) Individual contributions.--Section 8334(c) of title 5, \n        United States Code, is amended--\n                    (A) by striking ``(c) Each'' and inserting ``(c)(1) \n                Each''; and\n                    (B) by adding at the end the following:\n    ``(2) Notwithstanding any other provision of this subsection, the \napplicable percentage of basic pay under this subsection for civilian \nservice by an employee or Member shall, for purposes of computing an \namount--\n            ``(A) for a period in calendar year 2014, be equal to the \n        applicable percentage under this subsection for calendar year \n        2013 plus an additional 0.4 percentage point;\n            ``(B) for a period in calendar year 2015, be equal to the \n        applicable percentage under this subsection for calendar year \n        2014 (as determined under subparagraph (A)) plus an additional \n        0.4 percentage point;\n            ``(C) for a period in calendar year 2016, be equal to the \n        applicable percentage under this subsection for calendar year \n        2015 (as determined under subparagraph (B)) plus an additional \n        0.4 percentage point; and\n            ``(D) for a period in any calendar year after 2016, be \n        equal to the applicable percentage under this subsection for \n        calendar year 2015 (as determined under subparagraph (C)).\n    ``(3)(A) Notwithstanding subsection (a)(2), any excess \ncontributions under subsection (a)(1)(A) (including the portion of any \ndeposit under this subsection allocable to excess contributions) shall, \nif made by an employee of the United States Postal Service or the \nPostal Regulatory Commission, be deposited to the credit of the Postal \nService Fund under section 2003 of title 39, rather than the Civil \nService Retirement and Disability Fund.\n    ``(B) For purposes of this paragraph, the term `excess \ncontributions', as used with respect to contributions made under \nsubsection (a)(1)(A) by an employee of the United States Postal Service \nor the Postal Regulatory Commission, means the amount by which--\n            ``(i) deductions from basic pay of such employee which are \n        made under subsection (a)(1)(A), exceed\n            ``(ii) deductions from basic pay of such employee which \n        would have been so made if paragraph (2) had not been \n        enacted.''.\n            (2) Government contributions.--Section 8334(a)(1)(B) of \n        title 5, United States Code, is amended--\n                    (A) in clause (i), by striking ``Except as provided \n                in clause (ii),'' and inserting ``Except as provided in \n                clause (ii) or (iii),''; and\n                    (B) by adding at the end the following:\n    ``(iii) The amount to be contributed under clause (i) shall, with \nrespect to a period in any year beginning after December 31, 2013, be \nequal to--\n            ``(I) the amount which would otherwise apply under clause \n        (i) with respect to such period, reduced by\n            ``(II) the amount by which, with respect to such period, \n        the withholding under subparagraph (A) exceeds the amount which \n        would otherwise have been withheld from the basic pay of the \n        employee or elected official involved under subparagraph (A) \n        based on the percentage applicable under subsection (c) for \n        calendar year 2013.''.\n    (b) Individual Contributions Under the Federal Employees' \nRetirement System.--Section 8422(a)(3) of title 5, United States Code, \nis amended--\n            (1) by redesignating subparagraph (B) as subparagraph (C); \n        and\n            (2) by inserting after subparagraph (A) the following:\n    ``(B) Notwithstanding any other provision of this paragraph, the \napplicable percentage under this paragraph for civilian service by \nemployees or Members other than revised annuity employees shall--\n            ``(i) for a period in calendar year 2014, be equal to the \n        applicable percentage under this paragraph for calendar year \n        2013 plus an additional 0.4 percentage point;\n            ``(ii) for a period in calendar year 2015, be equal to the \n        applicable percentage under this paragraph for calendar year \n        2014 (as determined under clause (i)) plus an additional 0.4 \n        percentage point;\n            ``(iii) for a period in calendar year 2016, be equal to the \n        applicable percentage under this paragraph for calendar year \n        2015 (as determined under clause (ii)) plus an additional 0.4 \n        percentage point; and\n            ``(iv) for a period in any calendar year after 2016, be \n        equal to the applicable percentage under this paragraph for \n        calendar year 2016 (as determined under clause (iii)).''.\n\nSEC. 222. ANNUITY SUPPLEMENT.\n\n    Section 8421(a) of title 5, United States Code, is amended--\n            (1) in paragraph (1), by striking ``paragraph (3)'' and \n        inserting ``paragraphs (3) and (4)'';\n            (2) in paragraph (2), by striking ``paragraph (3)'' and \n        inserting ``paragraphs (3) and (4)''; and\n            (3) by adding at the end the following:\n    ``(4) No annuity supplement under this section shall be payable in \nthe case of an individual who first becomes subject to this chapter \nafter December 31, 2013.''.\n\nSEC. 223. USE OF CHAINED CONSUMER PRICE INDEX.\n\n    (a) In General.--Paragraph (15) of section 8331 of title 5, United \nStates Code, is amended to read as follows:\n            ``(15) the term `price index' means the Chained Consumer \n        Price Index (all items-all urban consumers) published monthly \n        by the Bureau of Labor Statistics;''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \ntake effect on January 1, 2015, and shall apply with respect to any \ncost-of-living adjustment taking effect under section 8340 or 8462 of \ntitle 5, United States Code, on or after that date.\n\n                        Subtitle D--Chained CPI\n\nSEC. 231. CHANGE IN INDEX USED TO CALCULATE SOCIAL SECURITY COST-OF-\n              LIVING ADJUSTMENTS.\n\n    (a) In General.--Section 215(i)(1) of the Social Security Act (42 \nU.S.C. 415(i)(1)) is amended--\n            (1) in subparagraph (G), by striking the period at the end \n        and inserting ``; and''; and\n            (2) by adding at the end the following new subparagraph:\n            ``(H) the term `Consumer Price Index' means the Chained \n        Consumer Price Index for All Urban Consumers (C-CPI-U, as \n        published in its initial version by the Bureau of Labor \n        Statistics of the Department of Labor).''.\n    (b) Application to Pre-1979 Law.--\n            (1) In general.--Section 215(i)(1) of the Social Security \n        Act as in effect in December 1978, and as applied in certain \n        cases under the provisions of such Act as in effect after \n        December 1978, is amended--\n                    (A) in subparagraph (C), by striking the period at \n                the end and inserting ``; and''; and\n                    (B) by adding at the end the following new \n                subparagraph:\n            ``(D) the term `Consumer Price Index' means the Chained \n        Consumer Price Index for All Urban Consumers (C-CPI-U, as \n        published in its initial version by the Bureau of Labor \n        Statistics of the Department of Labor).''.\n            (2) Conforming change.--Section 215(i)(4) of the Social \n        Security Act (42 U.S.C. 415(i)(4)) is amended by inserting \n        ``and by section 231 of the Provide for the Common Defense Act \n        of 2013'' after ``1986''.\n    (c) Effective Date.--The amendments made by this section shall \napply with respect to adjustments effective with or after December \n2014.","title":""}
+{"_id":"c482","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Safe Food Act of \n1999''.\n    (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings and purposes.\nSec. 3. Definitions.\nSec. 4. Establishment of independent Food Safety Administration.\nSec. 5. Consolidation of separate food safety and inspection services \n                            and agencies.\nSec. 6. Additional authorities of the Administration.\nSec. 7. Limitation on authorization of appropriations.\nSec. 8. Effective date.\n\nSEC. 2. FINDINGS AND PURPOSES.\n\n    (a) Findings.--Congress finds the following:\n            (1) The safety and security of the food supply of the \n        United States requires efficient and effective management of \n        food safety regulations.\n            (2) The safety of the food supply of the United States is \n        facing tremendous pressures with regard to the following \n        issues:\n                    (A) Emerging pathogens and the ability to detect \n                them.\n                    (B) An aging population with a growing number of \n                people at high risk for foodborne illnesses.\n                    (C) An increasing volume of imported foods, without \n                adequate monitoring and inspection.\n                    (D) Maintenance of adequate inspection of the \n                domestic food processing and food service industry.\n            (3) Federal food safety inspection, enforcement, and \n        research efforts should be based on scientifically supportable \n        assessments of risks to public health.\n            (4) The Federal food safety system is fragmented, with at \n        least 12 primary Federal agencies governing food safety.\n    (b) Purposes.--It is the purpose of this Act--\n            (1) to establish a single agency, the Food Safety \n        Administration, that will be responsible for the regulation of \n        food safety and labeling and for conducting food safety \n        inspections to ensure, with reasonable certainty, that no harm \n        will result from the consumption of food, by preventing food-\n        borne illnesses due to microbial, natural, or chemical hazards \n        in food; and\n            (2) to transfer to the Food Safety Administration the food \n        safety, labeling, and inspection functions currently performed \n        by other Federal agencies, to achieve more efficient management \n        and effective application of Federal food safety laws for the \n        protection and improvement of public health.\n\nSEC. 3. DEFINITIONS.\n\n    For purposes of this Act:\n            (1) Administration.--The term ``Administration'' means the \n        Food Safety Administration established under section 4.\n            (2) Administrator.--The term ``Administrator'' means the \n        Administrator of Food Safety appointed under section 4.\n            (3) Food safety laws.--The term ``food safety laws'' means \n        the following:\n                    (A) The Federal Meat Inspection Act (21 U.S.C. 601 \n                et seq.).\n                    (B) The Poultry Products Inspection Act (21 U.S.C. \n                451 et seq.).\n                    (C) The Egg Products Inspection Act (21 U.S.C. 1031 \n                et seq.).\n                    (D) The Federal Food, Drug, and Cosmetic Act (21 \n                U.S.C. 301 et seq.), with regard to food safety, \n                labeling, and inspection under that Act.\n                    (E) Such other laws and portions of laws regarding \n                food safety, labeling, and inspection as the President \n                may designate by Executive order as appropriate to \n                consolidate under the administration of the \n                Administration.\n\nSEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION.\n\n    (a) Establishment of Administration; Administrator.--There is \nestablished in the executive branch an agency to be known as the ``Food \nSafety Administration''. The Administration shall be an independent \nestablishment, as defined in section 104 of title 5, United States \nCode. The Administration shall be headed by the Administrator of Food \nSafety, who shall be appointed by the President, by and with the advice \nand consent of the Senate.\n    (b) Responsibilities.--The Administrator shall administer and \nenforce the food safety laws for the protection of the public health \nand shall oversee the following functions of the Administration:\n            (1) Implementation of Federal food safety inspection, \n        enforcement, and research efforts, based on scientifically \n        supportable assessments of risks to public health.\n            (2) Development of consistent and science-based standards \n        for safe food.\n            (3) Coordination and prioritization of food safety research \n        and education programs with other Federal agencies.\n            (4) Coordination of the Federal response to foodborne \n        illness outbreaks with other Federal agencies and State \n        agencies.\n            (5) Integration of Federal food safety activities with \n        State and local agencies.\n\nSEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES \n              AND AGENCIES.\n\n    (a) Transfer of Functions.--For each Federal agency specified in \nsubsection (b), there are transferred to the Administration all \nfunctions that the head of the Federal agency exercised on the day \nbefore the effective date specified in section 8 (including all related \nfunctions of any officer or employee of the Federal agency) that relate \nto administration or enforcement of the food safety laws, as determined \nby the President.\n    (b) Covered Agencies.--The Federal agencies referred to in \nsubsection (a) are the following:\n            (1) The Food Safety and Inspection Service of the \n        Department of Agriculture.\n            (2) The Center for Food Safety and Applied Nutrition of the \n        Food and Drug Administration.\n            (3) The Center for Veterinary Medicine of the Food and Drug \n        Administration.\n            (4) The National Marine Fisheries Service of the National \n        Oceanic and Atmospheric Administration of the Department of \n        Commerce as it relates to the Seafood Inspection Program.\n            (5) Such other offices, services, or agencies as the \n        President may designate by Executive order to further the \n        purposes of this Act.\n    (c) Transfer of Assets and Funds.--Consistent with section 1531 of \ntitle 31, United States Code, the personnel, assets, liabilities, \ncontracts, property, records, and unexpended balances of \nappropriations, authorizations, allocations, and other funds that \nrelate to the functions transferred under subsection (a) from a Federal \nagency shall be transferred to the Administration. Unexpended funds \ntransferred pursuant to this subsection shall be used by the \nAdministration only for the purposes for which the funds were \noriginally authorized and appropriated.\n    (d) References.--After the transfer of functions from a Federal \nagency under subsection (a), any reference in any other Federal law, \nExecutive order, rule, regulation, document, or other material to that \nFederal agency or the head of that agency in connection with the \nadministration or enforcement of the food safety laws shall be deemed \nto be a reference to the Administration or the Administrator, \nrespectively.\n    (e) Savings Provisions.--The transfer of functions from a Federal \nagency under subsection (a) shall not affect--\n            (1) an order, determination, rule, regulation, permit, \n        agreement, grant, contract, certificate, license, registration, \n        privilege, or other administrative action issued, made, \n        granted, or otherwise in effect or final with respect to that \n        agency on the day before the transfer date with respect to the \n        transferred functions; or\n            (2) any suit commenced with regard to that agency, and any \n        other proceeding (including a notice of proposed rulemaking), \n        or any application for any license, permit, certificate, or \n        financial assistance pending before that agency on the day \n        before the transfer date with respect to the transferred \n        functions.\n\nSEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRATION.\n\n    (a) Officers and Employees.--The Administrator may appoint officers \nand employees for the Administration in accordance with the provisions \nof title 5, United States Code, relating to appointment in the \ncompetitive service, and fix the compensation of the officers and \nemployees in accordance with chapter 51 and with subchapter III of \nchapter 53 of such title, relating to classification and General \nSchedule pay rates.\n    (b) Experts and Consultants.--The Administrator may procure the \nservices of experts and consultants as authorized by section 3109 of \ntitle 5, United States Code, and pay in connection with the services \ntravel expenses of individuals, including transportation and per diem \nin lieu of subsistence while away from the homes or regular places of \nbusiness of the individuals, as authorized by section 5703 of such \ntitle.\n    (c) Bureaus, Offices, and Divisions.--The Administrator may \nestablish within the Administration such bureaus, offices, and \ndivisions as the Administrator may determine to be necessary to \ndischarge the responsibilities of the Administration.\n    (d) Rules.--The Administrator may prescribe, in accordance with \nchapters 5 and 6 of title 5, United States Code, such rules as the \nAdministrator determines to be necessary or appropriate to administer \nand manage the functions of the Administrator.\n\nSEC. 7. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.\n\n    For the fiscal year that includes the effective date of this Act, \nthe amount authorized to be appropriated to carry out this Act shall \nnot exceed--\n            (1) the amount appropriated for that fiscal year for the \n        Federal agencies described in section 5(b) for the purpose of \n        administering or enforcing the food safety laws; or\n            (2) the amount appropriated for these agencies for such \n        purpose for the preceding fiscal year, if, as of the effective \n        date of this Act, appropriations for these agencies for the \n        fiscal year that includes the effective date have not yet been \n        made.\n\nSEC. 8. EFFECTIVE DATE.\n\n    This Act shall take effect on the earlier of--\n            (1) the date that is 180 days after the date of the \n        enactment of this Act; and\n            (2) such date during that 180-day period as the President \n        may direct in an Executive order.","title":""}
+{"_id":"c483","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Scotchman Peaks \nWilderness Act of 2016''.\n    (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Definitions.\nSec. 3. Scotchman Peaks Wilderness.\nSec. 4. Administration.\nSec. 5. Fire.\nSec. 6. Adjacent management.\nSec. 7. Indian tribes.\nSec. 8. Effect.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) Secretary.--The term ``Secretary'' means the Secretary \n        of Agriculture.\n            (2) Wilderness area.--The term ``wilderness area'' means \n        the area designated as a component of the National Wilderness \n        Preservation System by section 3(a).\n\nSEC. 3. SCOTCHMAN PEAKS WILDERNESS.\n\n    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. \n1131 et seq.), certain National Forest System land in the State of \nIdaho comprising approximately 13,961 acres, as generally depicted on \nthe map entitled ``Final Map Scotchman Peaks Wilderness'' and dated \nJune 20, 2016, is designated as wilderness and as a component of the \nNational Wilderness Preservation System and shall be known as the \n``Scotchman Peaks Wilderness''.\n    (b) Map and Legal Description.--As soon as practicable after the \ndate of enactment of this Act, the Secretary shall submit to the \nCommittee on Energy and Natural Resources of the Senate and the \nCommittee on Natural Resources of the House of Representatives a map \nand legal description for the wilderness area.\n    (c) Effect.--The map and legal description submitted under \nsubsection (b) shall have the same force and effect as if included in \nthis Act, except that the Secretary may correct minor errors in the map \nor legal description.\n    (d) Availability.--The map and legal description submitted under \nsubsection (b) shall be available for public inspection in the \nappropriate offices of the Forest Service.\n\nSEC. 4. ADMINISTRATION.\n\n    (a) In General.--Subject to valid existing rights, the wilderness \narea shall be administered by the Secretary in accordance with the \nWilderness Act (16 U.S.C. 1131 et seq.), except that any reference in \nthat Act to the effective date shall be considered to be a reference to \nthe date of enactment of this Act.\n    (b) Withdrawal.--Subject to valid existing rights, the wilderness \narea is withdrawn from all forms of--\n            (1) entry, appropriation, and disposal under the public \n        land laws;\n            (2) location, entry, and patent under the mining laws; and\n            (3) disposition under the mineral leasing, mineral \n        materials, and geothermal leasing laws.\n    (c) Fish and Wildlife.--Nothing in this Act affects the \njurisdiction of the State of Idaho with respect to fish and wildlife on \npublic land in the State.\n    (d) Management Activities.--In furtherance of the purposes and \nprinciples of the Wilderness Act (16 U.S.C. 1131 et seq.), the \nSecretary may carry out management activities to maintain or restore \nfish and wildlife populations and habitats to support fish and wildlife \npopulations within the wilderness area if the management activities--\n            (1) are consistent with relevant wilderness management \n        plans;\n            (2) are conducted in accordance with appropriate policies, \n        such as the policies established in Appendix B of the report of \n        the Committee on Interior and Insular Affairs of the House of \n        Representatives accompanying H.R. 2570 of the 101st Congress \n        (House Report 101-405), including the occasional and temporary \n        use of motorized vehicles; and\n            (3) as determined by the Secretary, would--\n                    (A) promote healthy, viable, and more naturally \n                distributed wildlife populations that would enhance \n                wilderness values; and\n                    (B) accomplish the purpose of the management \n                activity with the minimum impact necessary.\n\nSEC. 5. FIRE.\n\n    In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. \n1133(d)(1)), the Secretary may take such measures within the wilderness \narea as the Secretary determines to be necessary for the control of \nfire, insects, and disease.\n\nSEC. 6. ADJACENT MANAGEMENT.\n\n    (a) In General.--Nothing in this Act creates a protective perimeter \nor buffer zone around the wilderness area.\n    (b) Activities Outside Wilderness Area.--The fact that an activity \nor use on land outside the wilderness area can be seen or heard within \nthe wilderness area shall not preclude the activity or use outside the \nwilderness area.\n\nSEC. 7. INDIAN TRIBES.\n\n    (a) Access.--In recognition of the past use of the wilderness area \nby Indian tribes for traditional cultural and religious purposes, the \nSecretary shall ensure that Indian tribes have access to the wilderness \narea for--\n            (1) traditional cultural and religious purposes; and\n            (2) exercise of any right reserved by treaty.\n    (b) Temporary Closures.--\n            (1) In general.--In carrying out this section, the \n        Secretary, on request of an Indian tribe, may temporarily close \n        to the general public one or more specific portions of the \n        wilderness area to protect the privacy of the members of the \n        Indian tribe in the conduct of the traditional cultural and \n        religious activities in the wilderness area.\n            (2) Requirement.--Any closure under paragraph (1) shall be \n        made in such a manner as to affect the smallest practicable \n        area for the minimum period of time necessary for the activity \n        to be carried out.\n    (c) Applicable Law.--Access to the wilderness area under this \nsection shall be in accordance with--\n            (1) Public Law 95-341 (commonly known as the ``American \n        Indian Religious Freedom Act'') (42 U.S.C. 1996); and\n            (2) the Wilderness Act (16 U.S.C. 1131 et seq.).\n\nSEC. 8. EFFECT.\n\n    Nothing in this Act diminishes the rights of any Indian tribe.","title":""}
+{"_id":"c484","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Secondary Metal \nTheft Prevention Act of 2009''.\n    (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\nSec. 3. Sense of the Congress.\nSec. 4. Purposes.\nSec. 5. Purchase transaction requirements.\nSec. 6. Protection of personal information.\nSec. 7. Enforcement by Federal Trade Commission.\nSec. 8. Enforcement by State Attorneys General.\nSec. 9. Civil penalty.\nSec. 10. State and local law not preempted.\nSec. 11. Definitions.\nSec. 12. Effective date.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds the following:\n            (1) Since 2006, metal theft has been on the rise, largely \n        due to a surge in the global demand for scrap metal and a \n        historic increase in the price of metal commodities.\n            (2) Theft of metal components is jeopardizing the integrity \n        of critical infrastructure in the United States through theft \n        of metal in transportation, electrical, and telecommunications \n        networks.\n            (3) Theft of manhole covers, storm water grates, highway \n        guard rails, railroad tracks, automobile components, and street \n        lamps pose a significant public safety risk.\n            (4) Many State laws call on secondary metal recyclers to \n        help deter this crime and assist law enforcement by documenting \n        transactions and collecting information in order to identify \n        the sellers of scrap metal and the material they are selling. \n        These laws have been a significant deterrent to the problem of \n        metal theft.\n            (5) Although many States have enacted metal theft laws, \n        metal theft is a nationwide crime that crosses state lines.\n            (6) An overarching Federal law is necessary to deter metal \n        theft across the country.\n            (7) Combating the problem of metal theft will require \n        improved communications between metal businesses and law \n        enforcement agencies.\n            (8) The secondary metal recycling industry should be \n        commended for educating the public and law enforcement to the \n        problems related to metal theft, issuing ``Do Not Buy'' lists, \n        partnering with the National Crime Prevention Council, and \n        creating a Theft Alert System.\n\nSEC. 3. SENSE OF THE CONGRESS.\n\n    It is the sense of the Congress that Federal, State, and local \ngovernment agencies should work with representatives of the secondary \nmetal recycling industry to develop and improve effective \ncountermeasures to combat the theft and sale of stolen secondary metal.\n\nSEC. 4. PURPOSES.\n\n    The purposes of this Act are--\n            (1) to protect consumers, businesses, critical \n        infrastructure, and State and local governments from the \n        problem of secondary metal theft;\n            (2) to regulate interstate commerce by limiting trafficking \n        in stolen secondary metal sold for the purpose of recycling or \n        reuse;\n            (3) to permit legitimate secondary metal transactions to \n        continue to take place; and\n            (4) to establish a system to document secondary metal \n        transactions between sellers and buyers while addressing the \n        growing problem of secondary metal theft.\n\nSEC. 5. PURCHASE TRANSACTION REQUIREMENTS.\n\n    (a) Do-not-buy List.--Unless the seller establishes by written \ndocumentation that the seller is the owner, or an employee, agent, or \nother person authorized to sell on behalf of the owner, it is unlawful \nfor a secondary metal recycling agent to purchase for recycling any \nsecondary metal that is--\n            (1) marked with name, logo, or initials of a railroad, an \n        electric, gas, or water company, a telephone company, cable \n        company, or a public utility or that has been altered to \n        remove, conceal, or obliterate such a name, logo, or initials \n        through burning or cutting of wire sheathing or other means;\n            (2) marked with the name of a city, county, or State \n        government entity;\n            (3) a street light pole or fixture;\n            (4) a road or bridge guard rail;\n            (5) a highway or street sign;\n            (6) a water meter cover;\n            (7) a storm water grate;\n            (8) unused or undamaged building construction or utility \n        material;\n            (9) an historical marker;\n            (10) a grave marker or cemetery urn or vase;\n            (11) a utility access cover; or\n            (12) a bulk container for beer with a capacity of 7.75 \n        gallons or more.\n    (b) Record Keeping.--\n            (1) In general.--A secondary metal recycling agent shall \n        maintain a written or electronic record of each secondary metal \n        purchase. The record shall include--\n                    (A) the agent's name and address;\n                    (B) the date of the transaction;\n                    (C) a description of the secondary metal purchased, \n                including--\n                            (i) a general physical description;\n                            (ii) a product description, such as wire, \n                        tubing, extrusions, casting, or other kind of \n                        product; and\n                            (iii) the weight, quantity, or volume \n                        purchased;\n                    (D) the amount paid by the agent;\n                    (E) the name and address of the person to which the \n                payment was made;\n                    (F) the name of the person delivering the secondary \n                metal to the agent, including a distinctive number from \n                a Federal or State government-issued photo \n                identification card and a description of the type of \n                the identification; and\n                    (G) the license tag number, State-of-issue, make, \n                and model, if available, of the vehicle used to deliver \n                the secondary metal to the agent.\n            (2) Repeat sellers.--A secondary metal recycling agent may \n        comply with the requirements of paragraph (1) with respect to \n        the second or a subsequent purchase of secondary metal from the \n        same person by--\n                    (A) reference to the existing record relating to \n                the seller; and\n                    (B) recording any information for the transaction \n                that is different from the existing record for that \n                person.\n            (3) Record retention period.--A secondary metal recycling \n        agent shall maintain any record required by this subsection for \n        not less than 2 years from the date of the transaction to which \n        the record relates.\n    (c) Purchases in Excess of $75.--\n            (1) In general.--A secondary metal recycling agent may not \n        pay cash for a single purchase of secondary metal in excess of \n        $75. For purposes of this paragraph, more than 1 purchase in \n        any 48-hour period from the same seller shall be considered to \n        be a single purchase.\n            (2) Payment method.--\n                    (A) Occasional sellers.--Except as provided in \n                subparagraph (B), for any purchase of secondary metal \n                in excess of $75 a secondary metal recycling agent \n                shall make payment by check that--\n                            (i) is payable to the seller; and\n                            (ii) includes the name and address of the \n                        seller.\n                    (B) Established commercial transactions.--A \n                secondary metal recycling agent may make payments for \n                purchases of secondary metal in excess of $75 from a \n                governmental or commercial supplier of secondary metal \n                with which the agent has an established commercial \n                relationship by electronic funds transfer or other \n                established commercial transaction payment method \n                through a commercial bank if the agent maintains a \n                written record of such payments that identifies the \n                seller, the amount paid, and the date of the purchase.\n    (d) Public Notice Requirement.--A secondary metal recycling agent \nshall display, at its principal place of business and at any site at \nwhich secondary metal is accepted by or for the agent, a printed notice \nadvising the public that the sale of stolen secondary metal is \nprohibited under Federal and State laws.\n\nSEC. 6. PROTECTION OF PERSONAL INFORMATION.\n\n    (a) In General.--A secondary metal recycling agent or the agent, \nemployee, or representative of a secondary metal recycling agent may \nnot disclose the identity of any person from which the agent purchases \nsecondary metal without the consent of the seller except in response to \na request from a law enforcement agency or judicial process.\n    (b) Safeguards.--A secondary metal recycling agent shall implement \nreasonable safeguards--\n            (1) to protect the security of information required under \n        section 5(b)(1) maintained by that agent; and\n            (2) to prevent unauthorized access to or disclosure of that \n        information.\n    (c) Limits on Liability.--A secondary metal recycling agency shall \nnot be liable to any seller for a disclosure of information required \nunder section 5(b)(1) if the secondary metal recycling agent has met \nthe requirements of subsection (b) of this section.\n\nSEC. 7. ENFORCEMENT BY FEDERAL TRADE COMMISSION.\n\n    (a) In General.--Violation of any provision of this Act shall be \ntreated as a violation of a rule under section 18 of the Federal Trade \nCommission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or \npractices. The Federal Trade Commission shall enforce this Act in the \nsame manner, by the same means, and with the same jurisdiction, powers, \nand duties as though all applicable terms and provisions of the Federal \nTrade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and \nmade a part of this Act.\n    (b) Regulations.--\n            (1) In general.--The Commission may promulgate such \n        regulations as it finds necessary or appropriate under this \n        Act.\n            (2) Initial guidance.--Within 6 months after the date of \n        enactment of this Act, the Commission shall promulgate a final \n        rule--\n                    (A) setting forth the minimum requirements for the \n                documentation required by section 5(a);\n                    (B) establishing criteria for record retention \n                under section 5(b)(3);\n                    (C) establishing requirements for treatment of a \n                seller as a governmental or commercial supplier with an \n                established commercial relationship under section \n                5(c)(2)(B);\n                    (D) establishing public notice requirements under \n                section 5(d); and\n                    (E) establishing criteria for safeguards under \n                section 6(b).\n\nSEC. 8. ENFORCEMENT BY STATE ATTORNEYS GENERAL.\n\n    (a) In General.--A State, as parens patriae, may bring a civil \naction on behalf of its residents in an appropriate district court of \nthe United States to enforce the provisions of this Act whenever the \nattorney general of the State has reason to believe that the interests \nof the residents of the State have been or are being threatened or \nadversely affected by the violation of this Act or a regulation under \nthis Act by a secondary metal recycling agent doing business in that \nState.\n    (b) Notice.--\n            (1) Notice required.--At least 30 days before filing an \n        action under subsection (a), the attorney general of the State \n        involved shall provide to the Federal Trade Commission--\n                    (A) written notice of the action; and\n                    (B) a copy of the complaint for the action.\n            (2) Authorization to proceed.--The State may bring the \n        action if it does not receive a request from the Federal Trade \n        Commission, within 30 days after the Commission receives the \n        notice, not to proceed with its action.\n    (c) Federal Proceedings.--After receiving notice under subsection \n(b), the Commission may--\n            (1) request that the State not proceed with the action \n        pending the final disposition of a pending Federal proceeding \n        or action;\n            (2) initiate an action in the appropriate United States \n        district court and move to consolidate all pending actions, \n        including State actions, in such court;\n            (3) intervene in the action brought under subsection (a); \n        or\n            (4) file petitions for appeal of a decision in such action.\n    (c) Pending Federal Proceedings.--If the Federal Trade Commission \nhas instituted an enforcement action against a secondary metal \nrecycling agent for a violation of this Act or any regulation under \nthis Act, a State may not bring an action, during the pendency of the \nCommission's enforcement action, under this section against that \nsecondary metal recycling agent for any violation alleged in the \nCommission's enforcement action.\n    (d) Construction.--For purposes of bringing any civil action under \nsubsection (a), nothing in this section regarding notification shall be \nconstrued to prevent the attorney general of a State from exercising \nthe powers conferred on such attorney general by the laws of that State \nto--\n            (1) conduct investigations;\n            (2) administer oaths or affirmations; or\n            (3) compel the attendance of witnesses or the production of \n        documentary and other evidence.\n    (e) Venue; Service of Process.--\n            (1) Venue.--Any action brought under subsection (a) may be \n        brought in--\n                    (A) the district court of the United States that \n                meets applicable requirements relating to venue under \n                section 1391 of title 28, United States Code; or\n                    (B) another court of competent jurisdiction.\n            (2) Service of process.--In an action brought under \n        subsection (a), process may be served in any district in which \n        the defendant--\n                    (A) is an inhabitant; or\n                    (B) may be found.\n\nSEC. 9. CIVIL PENALTY.\n\n    The knowing violation of any provision of this Act is punishable by \na civil penalty of not to exceed $10,000.\n\nSEC. 10. STATE AND LOCAL LAW NOT PREEMPTED.\n\n    Nothing in this Act preempts any State or local law regulating the \nsale or purchase of secondary metal.\n\nSEC. 11. DEFINITIONS.\n\n    In this Act:\n            (1) Secondary metal.--The term ``secondary metal'' means--\n                    (A) wire or cable commonly used by communications \n                and electrical utilities; and\n                    (B) copper, aluminum, or other metal (including any \n                metal combined with other materials) that is valuable \n                for recycling or reuse as raw metal.\n            (2) Secondary metal recycling agent.--The term ``secondary \n        metal recycling agent'' means any person engaged in the \n        business of purchasing secondary metal for reuse or recycling, \n        without regard to whether that person is engaged in the \n        business of recycling or otherwise processing the purchased \n        secondary metal for reuse.\n\nSEC. 12. EFFECTIVE DATE.\n\n    Except as required by section 7(b)(2), this Act shall take effect 6 \nmonths after the date of enactment.","title":""}
+{"_id":"c485","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Select Agent \nProgram and Biosafety Improvement Act of 2008''.\n    (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings.\n             TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION\n\nSec. 101. Reauthorization of select agent program.\nSec. 102. Select agent program review.\nSec. 103. Revision of the list of biological agents and toxins.\nSec. 104. Sharing information with trusted state partners.\nSec. 105. Improvements to inventorying and monitoring of agents.\nSec. 106. Smallpox definition clarification.\nSec. 107. Plan for surge in samples of biological agents and toxins.\n                    TITLE II--BIOSAFETY IMPROVEMENTS\n\nSec. 201. Improvement of oversight of biocontainment laboratories.\nSec. 202. Improvement of training for laboratory personnel.\nSec. 203. Biological laboratory incident reporting system.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) The Centers for Disease Control and Prevention \n        regulates the possession, use, and transfer of select agents \n        and toxins that have the potential to pose a severe threat to \n        public health and safety.\n            (2) The Animal and Plant Health Inspection Service \n        regulates the possession, use, and transfer of select agents \n        and toxins that have the potential to pose a severe threat to \n        animal or plant health, or to animal or plant products.\n            (3) As of April 2008, there are 72 select agents and \n        toxins, 13 of which are found naturally in the United States.\n            (4) As of April 2008, there are 325 entities registered \n        with the Centers for Disease Control and Prevention to work \n        with select agents and toxins and 75 entities registered with \n        the Animal and Plant Health Inspection Service. There are 9,918 \n        individuals approved to work with select agents and toxins \n        through the Centers for Disease Control and Prevention and \n        4,336 through the Animal and Plant Health Inspection Service.\n            (5) Biocontainment laboratories are used by scientists to \n        study infectious materials safely and effectively. Laboratory \n        biological research is categorized by the safety level at which \n        it is performed. There are 4 safety levels, termed Biosafety \n        Level (BSL) 1 through 4.\n\n             TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION\n\nSEC. 101. REAUTHORIZATION OF SELECT AGENT PROGRAM.\n\n    (a) Reauthorization of Select Agent Program.--\n            (1) Amendment to the public health service act.--Section \n        351A(m) of the Public Health Service Act (42 U.S.C. 262a(m)) is \n        amended by striking ``2002 through 2007'' and inserting ``2009 \n        through 2013''.\n            (2) Amendment to the agricultural bioterrorism protection \n        act of 2002.--Section 212(m) of the Agricultural Bioterrorism \n        Protection Act of 2002 (7 U.S.C. 8401(m)) is amended by \n        striking ``2002 through 2007'' and inserting ``2009 through \n        2013''.\n    (b) Appropriate Training.--\n            (1) Amendment to the public health service act.--Section \n        351A(e)(2)(A) of the Public Health Service Act (42 U.S.C. \n        262a(e)(2)(A)) is amended by inserting ``, and appropriate \n        training,'' after ``have a legitimate need''.\n            (2) Amendment to the agricultural bioterrorism protection \n        act of 2002.--Section 212(e)(2)(A) of the Agricultural \n        Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(e)(2)(A)) is \n        amended by inserting ``, and appropriate training,'' after \n        ``have a legitimate need''.\n    (c) Covered Agencies.--\n            (1) Amendment to the public health service act.--Section \n        351A(h)(2)(A) (42 U.S.C. 262a(h)(2)(A)) of the Public Health \n        Service Act is amended by inserting ``the Department of \n        Homeland Security,'' after ``the Department of Agriculture,''.\n            (2) Amendment to the agricultural bioterrorism protection \n        act of 2002.--Section 212(h)(2)(A) of the Agricultural \n        Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(2)(A)) is \n        amended by inserting ``the Department of Homeland Security,'' \n        after ``the Department of Agriculture,''.\n\nSEC. 102. SELECT AGENT PROGRAM REVIEW.\n\n    (a) In General.--The Secretary of Health and Human Services, in \nconsultation with the Secretary of Agriculture, shall enter into a \ncontract with the National Academy of Sciences to conduct a review of \nthe select agent program under section 351A of the Public Health \nService Act (42 U.S.C. 262a) and section 212 of the Agricultural \nBioterrorism Protection Act of 2002 (7 U.S.C. 8401). Such review shall \nfocus on--\n            (1) the extent to which the program has enhanced \n        biosecurity and biosafety in the United States;\n            (2) the effects of the program on--\n                    (A) international scientific collaboration; and\n                    (B) scientific advances in the United States; and\n            (3) other issues as requested by the Secretary of Health \n        and Human Services and the Secretary of Agriculture.\n    (b) Report; Recommendations.--Not later than 240 days after the \ndate of enactment of this Act, the National Academy of Sciences shall \nsubmit a report to the Secretary of Health and Human Services, the \nSecretary of Agriculture, the Committee on Health, Education, Labor, \nand Pensions of the Senate, the Committee on Energy and Commerce of the \nHouse of Representatives, and other congressional committees of \nrelevant interest, on the results of the review conducted under \nsubsection (a). Such report shall include recommendations for improving \nthe structure of the select agent program for--\n            (1) enhancing the biosecurity and biosafety of the United \n        States;\n            (2) eliminating or reducing adverse effects of the program, \n        if any, on--\n                    (A) international scientific collaboration; and\n                    (B) scientific advances in the United States; and\n            (3) other issues as requested by the Secretary of Health \n        and Human Services and the Secretary of Agriculture.\n\nSEC. 103. REVISION OF THE LIST OF BIOLOGICAL AGENTS AND TOXINS.\n\n    (a) Amendment to the Public Health Service Act.--Section \n351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. \n262a(a)(1)(B)(i)) is amended--\n            (1) in subclause (III), by striking ``; and'' and inserting \n        a semicolon;\n            (2) by redesignating subclause (IV) as subclause (VII); and\n            (3) by inserting after subclause (III) the following:\n                                    ``(IV) whether the agent or toxin \n                                is endemic to the United States, as \n                                defined by the Secretary;\n                                    ``(V) information available from \n                                biological risk assessments conducted \n                                by the Department of Homeland Security;\n                                    ``(VI) newly discovered agents of \n                                disease, including genetically modified \n                                organisms or agents created \n                                synthetically; and''.\n    (b) Amendment to the Agricultural Bioterrorism Protection Act of \n2002.--Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism \nProtection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended--\n            (1) in subclause (III), by striking ``; and'' and inserting \n        a semicolon;\n            (2) by redesignating subclause (IV) as subclause (VII); and\n            (3) by inserting after subclause (III) the following:\n                                    ``(IV) whether the agent or toxin \n                                is endemic to the United States, as \n                                defined by the Secretary;\n                                    ``(V) information available from \n                                biological risk assessments conducted \n                                by the Department of Homeland Security;\n                                    ``(VI) newly discovered agents of \n                                disease, including genetically modified \n                                organisms or agents created \n                                synthetically; and''.\n    (c) Rule of Construction.--The amendments made by subsections (a) \nand (b) shall not be construed to preclude the listing of a biological \nagent or toxin that is endemic to the United States.\n\nSEC. 104. SHARING INFORMATION WITH TRUSTED STATE PARTNERS.\n\n    (a) Amendment to the Public Health Service Act.--Section 351A(h)(5) \nof the Public Health Service Act (42 U.S.C. 262a(h)(5)) is amended--\n            (1) in subparagraph (A), by striking ``; or'' and inserting \n        a semicolon;\n            (2) in subparagraph (B), by striking the period and \n        inserting ``; or''; and\n            (3) by inserting at the end the following:\n                    ``(C) to withhold information regarding a State \n                that will assist with the State's emergency \n                preparedness planning from the health director (or \n                equivalent State official) of such State, if such State \n                has in place a law to protect against the further \n                release of such information as determined by the \n                Secretary.''.\n    (b) Amendment to the Agricultural Bioterrorism Protection Act of \n2002.--Section 212(h)(5) of the Agricultural Bioterrorism Protection \nAct of 2002 (7 U.S.C. 8401(h)(5)) is amended--\n            (1) in subparagraph (A), by striking ``; or'' and inserting \n        a semicolon;\n            (2) in subparagraph (B), by striking the period and \n        inserting ``; or''; and\n            (3) by inserting at the end the following:\n                    ``(C) to withhold information regarding a State \n                that will assist with the State's emergency \n                preparedness planning from an elected or appointed \n                senior State agricultural official or equivalent State \n                official (such as a State veterinarian or a State plant \n                health regulatory official) of such State, if such \n                State has in place a law to protect against the further \n                release of such information as determined by the \n                Secretary.''.\n\nSEC. 105. IMPROVEMENTS TO INVENTORYING AND MONITORING OF AGENTS.\n\n    (a) Improved Method to Inventory and Monitor Listed Biological \nAgents.--Not later than 180 days after enactment of this Act, the \nSecretary of Health and Human Services, in coordination with the \nSecretary of Agriculture, and in consultation with individuals with \nappropriate scientific expertise, shall issue guidance on inventorying \nand monitoring the biological agents listed under section 351A(a)(1) of \nthe Public Health Service Act (42 U.S.C. 262a(a)(1)) and the biological \nagents listed under section 212(a)(1) of the Agricultural Bioterrorism \nProtection Act of 2002 (7 U.S.C. 8401(a)(1)).\n    (b) Considerations.--In issuing the guidance under subsection (a), \nthe Secretaries shall consider--\n            (1) the effectiveness of measures to inventory and monitor \n        listed biological agents that can propagate relative to the \n        burden of these measures on laboratory personnel;\n            (2) qualitative and quantitative control procedures for \n        such listed agents, rather than only quantitative control \n        procedures; and\n            (3) in what situations registered persons are required to \n        keep inventory records.\n\nSEC. 106. SMALLPOX DEFINITION CLARIFICATION.\n\n    Not later than 90 days after the date of enactment of this Act, the \nAttorney General, in coordination with the Secretary of Health and \nHuman Services, shall issue public guidance regarding how the Attorney \nGeneral interprets the scope of the statutory definition of ``variola \nvirus'' in section 175c of title 18, United States Code.\n\nSEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL AGENTS AND TOXINS.\n\n    The Secretary of Health and Human Services, in coordination with \nthe Secretary of Agriculture and State officials, shall develop and \ndisseminate guidelines for how laboratories and laboratory personnel \nthat do not regularly test for listed agents and toxins (as such terms \nare defined in section 351A of the Public Health Service Act (42 U.S.C. \n262a) and section 212 of the Agricultural Bioterrorism Protection Act \nof 2002 (7 U.S.C. 8401)) may be rapidly accessed and utilized during \nemergencies in which laboratories and laboratory personnel that \nregularly test for such agents and toxins are overwhelmed by a surge of \nsamples of such listed agents and toxins.\n\n                    TITLE II--BIOSAFETY IMPROVEMENTS\n\nSEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAINMENT LABORATORIES.\n\n    (a) Definition.--For purposes of this section, the term ``high \ncontainment biological laboratory'' means a laboratory that has \nBiosafety Level 3 or Biosafety Level 4 facilities, as defined by the \nSecretary of Health and Human Services and the Secretary of \nAgriculture.\n    (b) Evaluation.--The Secretary of Health and Human Services, in \ncoordination with the Secretary of Agriculture, and in consultation \nwith the Secretary of Defense and the Secretary of Homeland Security \n(referred to in this section as the ``Secretaries'') shall, either \ndirectly or through a contract, evaluate national needs of, and \noversight of, high containment biological laboratories.\n    (c) Considerations.--In conducting the evaluation under subsection \n(b), the Secretaries shall consider--\n            (1) whether the construction of high containment biological \n        laboratories that are in existence or planned as of the date of \n        enactment of this Act, is likely to provide sufficient capacity \n        for the needs of Government biodefense and infectious disease \n        research;\n            (2) how laboratory capacity and lessons learned can be best \n        shared across the biodefense and infectious disease research \n        communities, domestically and internationally;\n            (3) whether guidance on laboratory infrastructure, \n        commissioning, operation, and maintenance of such laboratories \n        is adequate, and if such guidance is found to be inadequate, \n        how to improve and streamline such guidance; and\n            (4) ways to improve and streamline the training of the \n        personnel of such laboratories, including recommendations \n        regarding the minimum standards for laboratory biosafety and \n        biosecurity training under section 202.\n    (d) Report to Congress.--Not later than 240 days after the date of \nenactment of this Act, the Secretary of Health and Human Services shall \nsubmit to Congress a report on the findings and recommendations from \nthe evaluation under this section.\n\nSEC. 202. IMPROVEMENT OF TRAINING FOR LABORATORY PERSONNEL.\n\n    (a) Definition.--For purposes of this section, the term ``high \ncontainment biological laboratory'' means a laboratory that has \nBiosafety Level 3 or Biosafety Level 4 facilities, as defined by the \nSecretary of Health and Human Services and the Secretary of \nAgriculture.\n    (b) Development of Minimum Standards.--The Secretary of Health and \nHuman Services, acting through the Director of the Centers for Disease \nControl and Prevention and the Director of the National Institutes of \nHealth, and in coordination with the Secretary of Agriculture and \nscientific experts representing appropriate professional groups and \ninternational health organizations, shall develop minimum standards for \nlaboratory biosafety and biosecurity training for relevant personnel of \nhigh containment biological laboratories. In developing such standards, \nthe Secretary of Health and Human Services shall consider existing \nlaboratory guidelines and training modules.\n    (c) Requirement for Approval.--A person may not register with the \nSecretary of Health and Human Services or the Secretary of Agriculture \nfor the possession, use, or transfer of listed agents in accordance \nwith section 351A of the Public Health Service Act (42 U.S.C. 262a) and \nsection 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 \nU.S.C. 8401) unless the person provides to its appropriate personnel \nbiosafety and biosecurity training that meets the minimum standards \nunder subsection (b) in addition to any other requirements determined \nappropriate by the Secretary of Health and Human Services or the \nSecretary of Agriculture.\n    (d) Dissemination.--The Secretary of Health and Human Services, in \ncoordination with the Secretary of Agriculture, may disseminate the \nminimum standards under subsection (b) for voluntary use, such as when \nuse is not required under subsection (b), in laboratories and academic \nprograms in the United States and in other countries.\n\nSEC. 203. BIOLOGICAL LABORATORY INCIDENT REPORTING SYSTEM.\n\n    (a) In General.--The Secretary of Health and Human Services, in \ncoordination with the Secretary of Agriculture, (referred to in this \nsection as the ``Secretaries'') shall establish an integrated \nBiological Laboratory Incident Reporting System through which personnel \nof biological laboratories may voluntarily report biosafety or \nbiosecurity incidents of concern and the Secretaries may identify \ntrends in such incidents and protocols for biosafety or biosecurity \nimprovements. In developing such reporting system, the Secretaries \nshall consider options for integrating existing voluntary and required \nreporting mechanisms.\n    (b) Functions.--In implementing the reporting system under \nsubsection (a), the Secretaries shall enter into a contract with a \npublic or private entity that does not regulate biological laboratories \nto administer the reporting system. Such entity shall--\n            (1) receive and process incident reports;\n            (2) analyze, interpret incident data, and identify incident \n        trends;\n            (3) issue alert messages within an appropriate time period;\n            (4) disseminate reports and other appropriate information, \n        which shall not include facility-specific information;\n            (5) not have authority to direct corrective action or to \n        initiate enforcement action;\n            (6) ensure anonymity of individuals reporting to the \n        system, to the extent permitted by law; and\n            (7) conduct other activities as requested by the \n        Secretaries.","title":""}
+{"_id":"c486","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Simple Universal \nHealthcare Act of 2009''.\n    (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Establishment of Citizens Congressional Health Benefits Program \n                            (CCHBP).\nSec. 3. Contracts with entities to offer qualified CCHBP health plans.\nSec. 4. Scope of benefits and coverage.\nSec. 5. Eligibility.\nSec. 6. Enrollment.\nSec. 7. Premiums.\nSec. 8. High-risk reinsurance fund.\nSec. 9. Definitions.\nSec. 10. Effective date and treatment of collective bargaining \n                            agreements.\n\nSEC. 2. ESTABLISHMENT OF CITIZENS CONGRESSIONAL HEALTH BENEFITS PROGRAM \n              (CCHBP).\n\n    (a) In General.--The Director of the Office of Personnel Management \nshall establish a program (to be known as the ``Citizen's Congressional \nHealth Benefits Program'') to provide comprehensive health insurance \ncoverage to--\n            (1) Federal elected officials (including the President, \n        Vice President, and Members of Congress); and\n            (2) residents of the United States who are not covered \n        under the Federal Employees Health Benefits Program (FEHBP).\n    (b) Similar to FEHBP.--The coverage shall be provided in a manner \nsimilar to the manner in which coverage has been provided to Members of \nCongress and Federal Government employees and retirees and their \ndependents under the Federal Employees Health Benefits Program (FEHBP).\n\nSEC. 3. CONTRACTS WITH ENTITIES TO OFFER QUALIFIED CCHBP HEALTH PLANS.\n\n    (a) In General.--The Director shall enter into contracts with \nentities for the offering of qualified CCHBP health plans in accordance \nwith this Act. Such contracts shall be entered into in a manner similar \nto the process by which the Director is authorized to enter into \ncontracts with entities offering health benefits plans under FEHBP.\n    (b) Requirements for Entities Offering Plans.--The Director may \nonly enter into a contract under subsection (a) with an entity that \nis--\n            (1) licensed--\n                    (A) as a health maintenance organization in the \n                State in which the entity will offer the qualified \n                CCHBP health plan; or\n                    (B) to sell group health insurance coverage in such \n                State;\n            (2) meets such requirements, similar to requirements under \n        FEHBP, as the Director may establish, relating to solvency, \n        adequacy of plan benefits (subject to section 4), organization, \n        structure, governance, access, and quality; and\n            (3) agrees to participate in the high-risk reinsurance fund \n        described in section 8.\n    (c) FEHBP Plans.--Any health plan offered under FEHBP shall be \ntreated as a qualified CCHBP health plan for purposes of this Act.\n    (d) Preemption of State Law.--The requirements of section 4, with \nrespect to the scope and type of benefits required to be provided by a \nCCHBP health plan, shall supersede any and all State laws.\n\nSEC. 4. SCOPE OF BENEFITS AND COVERAGE.\n\n    (a) Comprehensive Benefits.--\n            (1) In general.--Subject to paragraph (2), qualified CCHBP \n        health plans shall provide for the same scope and type of \n        benefits that are provided under FEHBP, including--\n                    (A) the types of benefits described in section 8904 \n                of title 5, United States Code; and\n                    (B) benefits required by regulation or guidance \n                under FEHBP.\n            (2) Preventive benefits and mental health parity.--\n        Qualified CCHBP health plans shall provide a minimum level of \n        preventive benefits determined by the Director, in consultation \n        with the U.S. Preventive Service Task Force, which shall \n        include vaccines for both children and adults, an annual \n        physical, cancer screening (including mammographies for women \n        of an appropriate age), and mental health parity.\n    (b) No Exclusion for Pre-Existing Conditions.--Subject to section \n6(b)(2), qualified CCHBP health plans shall not impose pre-existing \ncondition exclusions or otherwise discriminate against any individual \nbased on the health status of such individual (including genetic \ninformation relating to such enrollee, or any disease or condition).\n    (c) Annual and Lifetime Out-Of-Pocket Limit Information.--An entity \noffering a qualified CCHBP health plan must provide notice to any \nindividual covered by such plan of any benefit or service that is not \nincluded in the calculation of the annual or lifetime out-of-pocket \nlimit under such plan.\n\nSEC. 5. ELIGIBILITY.\n\n    (a) In General.--An individual is eligible to enroll in a qualified \nCCHBP health plan if--\n            (1) the individual resides in the United States; and\n            (2) the individual is--\n                    (A) a citizen or national of the United States;\n                    (B) an alien lawfully admitted to the United States \n                for permanent residence;\n                    (C) an alien admitted into the United States under \n                section 207 of the Immigration and Nationality Act \n                (relating to refugees);\n                    (D) an alien otherwise permanently residing in the \n                United States under color of law (as specified by the \n                Director); or\n                    (E) an alien with the status of a nonimmigrant who \n                is within a class of long-term nonimmigrants under \n                section 101(a)(15) of the Immigration and Nationality \n                Act that the Director determines, in consultation with \n                the Secretary of Homeland Security, to be appropriate.\n    (b) Exceptions.--The following individuals are not eligible to \nenroll in a qualified CCHBP health plan:\n            (1) Individuals enrolled under public health insurance \n        programs.--An individual who is enrolled under the Federal \n        employees health benefits program under chapter 89 of title 5, \n        United States Code (except for a member of Congress, as defined \n        by section 2106 of title 5, United States Code; or the \n        President); the Medicare program under title XVIII of the \n        Social Security Act; the Medicaid program under title XIX of \n        such Act; the Children's Health Insurance Program under title \n        XXI of such Act; or Tricare under chapter 55 of title 10, \n        United States Code.\n            (2) Incarcerated individuals.--An individual who is \n        incarcerated (as specified by the Director).\n    (c) Treatment of Elected Officials.--A member of Congress (as \ndefined under section 2106 of title 5, United States Code) or the \nPresident may enroll in either a qualified CCHBP health plan under this \nAct or an FEHBP plan under title 5, United States Code, but may not be \nenrolled in both types of plans at the same time.\n    (d) Confirmation of Immigration Status.--The Director, in \nconsultation with each entity offering a qualified CCHBP plan, shall \npromulgate regulations for the use of the automated system known as the \nSystematic Alien Verification for Entitlements, as provided for by \nsection 404 of the Illegal Immigrations Reform and Immigrant \nResponsibility Act of 1996 (110 Stat. 3009-664) to verify the legal \npresence of the status of an individual, other than a United States \ncitizen, who seeks to enroll in a qualified CCHBP plan.\n    (e) Employer Option.--\n            (1) In general.--An employer may choose to participate in \n        CCHBP and offer qualified CCHBP health plans to employees of \n        such employer as employer-sponsored health insurance.\n            (2) Notice.--The employer shall inform the Director that \n        the employer is taking such option in a form and manner \n        determined by the Director.\n            (3) Maintenance of effort required.--An employer who \n        provides notice under paragraph (2) must pay the percentage of \n        the cost of the premium, as determined under section 7, for \n        each employee that enrolls in a qualified CCHBP health plan, \n        that is the same as the percentage of the cost of the premium \n        of the health insurance plan that such employer offered to its \n        employees before the employer provided notice under paragraph \n        (2).\n            (4) Tax treatment.--For purposes of the Internal Revenue \n        Code of 1986, a qualified CCHBP health plan offered by an \n        employer under this subsection shall not fail to be treated as \n        employer-provided coverage solely because such employer \n        provides such plan through the CCHBP.\n\nSEC. 6. ENROLLMENT.\n\n    (a) Enrollment Process.--The Director shall establish a process to \nenroll eligible individuals and their families in qualified CCHBP \nhealth plans. Such process shall be conducted in a manner that is \nsimilar to the manner enrollment is conducted under FEHBP. To the \nextent consistent with eligibility under section 3, the Director shall \nprovide rules similar to the rules under FEHBP for the enrollment of \nfamily members who are CCHBP-eligible individuals in the same plan.\n    (b) Enrollment Period.--\n            (1) Enrollment upon initial eligibility.--\n                    (A) In general.--An eligible individual may enroll \n                in a qualified CCHBP health plan--\n                            (i) at any time during the 1-year period \n                        beginning on the date that the Citizen's \n                        Congressional Health Benefits Program begins to \n                        operate; or, if later,\n                            (ii) at any time during the 3-month period \n                        beginning on the date that such individual \n                        becomes eligible to enroll in any qualified \n                        CCHBP health plan.\n                    (B) Treatment of preexisting conditions.--An \n                individual who enrolls during the periods under \n                paragraph (1) shall not be subject to exclusions or \n                additional costs due to any preexisting conditions that \n                such individual developed before the date such \n                individual enrolled in a qualified CCHBP plan.\n            (2) Annual enrollment.--\n                    (A) In general.--An eligible individual who does \n                not enroll in a qualified CCHBP health plan under \n                paragraph (1) may enroll in such a plan during an \n                annual enrollment period of not more than 1 month, as \n                determined by the Director.\n                    (B) Treatment of preexisting conditions.--Subject \n                to rules developed by the Director, the entity offering \n                the qualified CCHBP health plan may exclude such \n                individual from enrolling in such a plan under this \n                paragraph due to any preexisting condition which such \n                individual develops before the date of such annual \n                enrollment period. Upon excluding such individual, the \n                entity offering the qualified CCHBP health plan shall \n                provide such individual with notice of such exclusion \n                and information about enrolling in a high risk pool.\n    (c) Changes in Enrollment.--The Director shall establish enrollment \nprocedures that include an annual open season of at least 1 month and \npermit changes in enrollment with qualified health plans at other times \n(such as by reason of changes in marital or dependent status or \neligibility). Such procedures shall be based on the enrollment \nprocedures established under FEHBP. The Director shall provide for \ntermination of such enrollment for an individual at the time the \nindividual is no longer an eligible individual.\n    (d) Enrollment of Employees.--Notwithstanding subsection (b)(2), \nthe employees of an employer that provides notice to the Director under \nsection 5(e)(2) may enroll in a qualified CCHBP health plan during \neither the 3-month period beginning on the date that such employer \nprovides such notice or the 3-month period beginning on the date that \nsuch employee begins working for such employer, whichever is later. \nSuch employee shall not be subject to any costs related to such \nemployee's pre-existing conditions if so enrolled during such period.\n    (e) Enrollment Guides.--The Director shall provide for the broad \ndissemination of information on qualified CCHBP health plans offered \nunder this title. Such information shall be provided in a comparative \nmanner, similar to that used under FEHBP, and shall include \ninformation, collected through surveys of enrollees, on measures of \nenrollee satisfaction with the different plans.\n\nSEC. 7. PREMIUMS.\n\n    The premiums established for a qualified CCHBP health plan under \nthis Act for individual or family coverage--\n            (1) based on the rating system used under FEHBP; and\n            (2) shall not vary based on age, gender, health status \n        (including genetic information), or other factors.\n\nSEC. 8. HIGH-RISK REINSURANCE FUND.\n\n    The Director shall establish an arrangement among the entities \noffering qualified health plans under which such entities contribute in \nan equitable manner (as determined by the Director) into a fund that \nprovides payment to plans for a percentage (specified by the Director \nand not to exceed 90 percent) of the costs that they incur for \nenrollees beyond a predetermined threshold specified by the Director. \nSuch fund shall be funded exclusively by such entities.\n\nSEC. 9. DEFINITIONS.\n\n    For purposes of this Act:\n            (1) The term ``CCHBP-eligible individual'' means an \n        individual described in section 5.\n            (2) The term ``Director'' means the Director of the Office \n        of Personnel Management.\n            (3) The term ``FEHBP'' means the program under chapter 89 \n        of title 5, United States Code.\n            (4) The term ``qualified CCHBP health plan'' means a fee-\n        for-service plan, health maintenance organization plan, high \n        deductible health insurance plan, or other health insurance \n        plan that meets the requirements for a health insurance plan \n        under FEHBP and is offered through the CCHBP under this Act by \n        an entity that is qualified to offer such plans.\n\nSEC. 10. EFFECTIVE DATE AND TREATMENT OF COLLECTIVE BARGAINING \n              AGREEMENTS.\n\n    (a) Effective Date.--Benefits shall first be made available under \nthis title for items and services furnished on or after the last day of \nthe 9-month period beginning on the date of the enactment of this Act.\n    (b) Non-Preemption of Existing Collective Bargaining Agreements.--\nNothing in this Act shall be construed as preempting any collective \nbargaining agreement that is in effect as of the date of the enactment \nof this Act, during the period in which such agreement is in effect \n(without regard to any extension of such agreement effected as of such \ndate of enactment).","title":""}
+{"_id":"c487","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Special Needs \nTrust Fairness and Medicaid Improvement Act''.\n    (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Fairness in Medicaid supplemental needs trusts.\nSec. 3. Medicaid coverage of tobacco cessation services for mothers of \n                            newborns.\nSec. 4. Eliminating Federal financial participation with respect to \n                            expenditures under Medicaid for agents used \n                            for cosmetic purposes or hair growth.\nSec. 5. Medicaid Improvement Fund.\n\nSEC. 2. FAIRNESS IN MEDICAID SUPPLEMENTAL NEEDS TRUSTS.\n\n    (a) In General.--Section 1917(d)(4)(A) of the Social Security Act \n(42 U.S.C. 1396p(d)(4)(A)) is amended by inserting ``the individual,'' \nafter ``for the benefit of such individual by''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \napply to trusts established on or after the date of the enactment of \nthis Act.\n\nSEC. 3. MEDICAID COVERAGE OF TOBACCO CESSATION SERVICES FOR MOTHERS OF \n              NEWBORNS.\n\n    (a) In General.--Section 1905(bb) of the Social Security Act (42 \nU.S.C. 1396d(bb)) is amended by adding at the end the following new \nparagraph:\n    ``(4) A woman shall continue to be treated as described in this \nsubsection as a pregnant woman through the end of the 1-year period \nbeginning on the date of the birth of a child of the woman.''.\n    (b) Conforming Amendments.--\n            (1) Subsections (a)(2)(B) and (b)(2)(B) of section 1916 of \n        the Social Security Act (42 U.S.C. 1396o) are each amended by \n        inserting ``(and women described in section 1905(bb) as \n        pregnant women pursuant to paragraph (4) of such section)'' \n        after ``tobacco cessation by pregnant women''.\n            (2) Section 1927(d)(2)(F) of the Social Security Act (42 \n        U.S.C. 1396r-8(d)(2)(F)) is amended by inserting ``(and women \n        described in section 1905(bb) as pregnant women pursuant to \n        paragraph (4) of such section)'' after ``pregnant women''.\n    (c) Effective Date.--\n            (1) In general.--Subject to paragraph (2), the amendments \n        made by this section shall apply with respect to items and \n        services furnished on or after the date that is 2 years after \n        the date of the enactment of this Act.\n            (2) Exception for state legislation.--In the case of a \n        State plan under title XIX of the Social Security Act, which \n        the Secretary of Health and Human Services determines requires \n        State legislation in order for the plan to meet any requirement \n        imposed by amendments made by this section, the plan shall not \n        be regarded as failing to comply with the requirements of such \n        title solely on the basis of its failure to meet such an \n        additional requirement before the first day of the first \n        calendar quarter beginning after the close of the first regular \n        session of the State legislature that begins after the \n        effective date specified in paragraph (1). For purposes of the \n        previous sentence, in the case of a State that has a 2-year \n        legislative session, each year of the session shall be \n        considered to be a separate regular session of the State \n        legislature.\n    (d) Report.--Not later than 2 years after the date of the enactment \nof this Act, the Inspector General of the Department of Health and \nHuman Services shall submit to Congress a report that assesses the use \nof the tobacco cessation service benefit under the Medicaid program. \nSuch report shall include an assessment of--\n            (1) the extent that States are encouraging the use of such \n        benefit, such as through promotion of beneficiary and provider \n        awareness of such benefit; and\n            (2) gaps in the delivery of such benefit.\n\nSEC. 4. ELIMINATING FEDERAL FINANCIAL PARTICIPATION WITH RESPECT TO \n              EXPENDITURES UNDER MEDICAID FOR AGENTS USED FOR COSMETIC \n              PURPOSES OR HAIR GROWTH.\n\n    (a) In General.--Section 1903(i)(21) of the Social Security Act (42 \nU.S.C. 1396b(i)(21)) is amended by inserting ``section 1927(d)(2)(C) \n(relating to drugs when used for cosmetic purposes or hair growth), \nexcept where medically necessary, and'' after ``drugs described in''.\n    (b) Effective Date.--The amendment made by subsection (a) shall \napply with respect to calendar quarters beginning on or after the date \nof the enactment of this Act.\n\nSEC. 5. MEDICAID IMPROVEMENT FUND.\n\n    Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)) \nis amended--\n            (1) in paragraph (2)--\n                    (A) by striking ``under paragraph (1)'' and \n                inserting ``under this subsection''; and\n                    (B) by redesignating such paragraph as paragraph \n                (3); and\n            (2) by inserting after paragraph (1) the following new \n        paragraph:\n            ``(2) Additional funding.--In addition to any funds \n        otherwise made available to the Fund, there shall be available \n        to the Fund, for expenditures from the Fund--\n                    ``(A) for fiscal year 2021, $10,000,000, to remain \n                available until expended; and\n                    ``(B) for fiscal year 2022, $14,000,000, to remain \n                available until expended.''.\n\n            Passed the House of Representatives September 20, 2016.\n\n            Attest:\n\n                                                 KAREN L. HAAS,\n\n                                                                 Clerk.","title":""}
+{"_id":"c488","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Strengthening \nAmerican Transportation Security Act of 2016''.\n    (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Findings; sense of Congress.\nSec. 3. Definitions.\nSec. 4. Conversion of screening personnel.\nSec. 5. Transition rules.\nSec. 6. Consultation requirement.\nSec. 7. No right to strike.\nSec. 8. Regulations.\nSec. 9. Delegations to Administrator.\nSec. 10. Authorization of appropriations.\n\nSEC. 2. FINDINGS; SENSE OF CONGRESS.\n\n    (a) Findings.--Congress finds the following:\n            (1) On September 11, 2001, 19 terrorists, who underwent \n        airport security screening prior to boarding domestic flights, \n        were able to commandeer 4 airplanes and use those airplanes to \n        perpetrate the most deadly terrorist attack ever to be executed \n        on United States soil.\n            (2) In the aftermath of those attacks, Congress passed the \n        Aviation and Transportation Security Act (Public Law 107-71), \n        which was signed into law by President George W. Bush on \n        November 19, 2001--\n                    (A) to enhance the level of security screening \n                throughout our aviation system; and\n                    (B) to transfer responsibility for such screening \n                from the private sector to the newly established \n                Transportation Security Administration (referred to in \n                this section as ``TSA'').\n            (3) By establishing TSA, Congress and the American public \n        recognized that the highest level of screener performance was \n        directly linked to employment and training standards, pay and \n        benefits, and the creation of an experienced, committed \n        screening workforce.\n            (4) Section 111(d) of the Aviation and Transportation \n        Security Act (49 U.S.C. 44935 note) authorizes the Under \n        Secretary of Transportation for Security to ``employ, appoint, \n        discipline, terminate, and fix the compensation, terms, and \n        conditions of employment of Federal service for such a number \n        of individuals as the Under Secretary determines to be \n        necessary to carry out the screening functions of the Under \n        Secretary under section 44901 of title 49, United States \n        Code''. The functions of the TSA were transferred to the \n        Department of Homeland Security by section 403 of the Homeland \n        Security Act of 2002 (6 U.S.C. 203).\n            (5) TSA has interpreted the authorization set forth in \n        paragraph (4) as applying to the majority of the Transportation \n        Security Officer workforce performing screening functions, \n        while all other Transportation Security Administration \n        employees, including managers, are subject to title 5, United \n        States Code, as incorporated in title 49 of such Code.\n            (6) In November 2006, the International Labor Organization \n        ruled that the Bush Administration violated international labor \n        law when it prohibited Transportation Security Officers from \n        engaging in collective bargaining.\n            (7) After the Federal Labor Relations Board approved a \n        petition for the election of an exclusive representative, on \n        February 4, 2011, TSA Administrator John Pistole issued a \n        binding determination stating that ``it is critical that every \n        TSA employee feels that he or she has a voice and feels safe \n        raising issues and concerns of all kinds. This is important not \n        just for morale; engagement of every employee is critically \n        important for security.''.\n            (8) This determination was superseded by a second \n        determination issued on December 29, 2014, which changed the \n        previous guideline for collective bargaining and resulting in \n        limitations in the subjects that can be bargained, issues in \n        dispute that may be raised to an independent, third-party \n        neutral decisionmaker (such as an arbitrator or the Merit \n        Systems Protection Board), and barriers to union representation \n        of the Transportation Security Officer workforce.\n            (9) The 2011 and 2014 determinations both cited TSA's \n        authority under section 111(d) of the Aviation and \n        Transportation Security Act (49 U.S.C. 44935 note) to create a \n        personnel system that denies the Transportation Security \n        Officer workforce the rights under title 5, United States Code, \n        that are provided to most other Federal workers, including--\n                    (A) the right to appeal adverse personnel decisions \n                to the Merit Systems Protection Board;\n                    (B) fair pay under the General Services wage \n                system, 2011;\n                    (C) fair pay and raises under the General Services \n                wage system, including overtime guidelines, access to \n                earned leave;\n                    (D) the application of the Fair Labor Standards Act \n                of 1938 (29 U.S.C. 201 et seq.);\n                    (E) fair performance appraisals under chapter 73 of \n                title 5, United States Code; and\n                    (F) direct protections against employment \n                discrimination set forth in title 7, United States \n                Code.\n    (b) Sense of Congress.--It is the sense of Congress that--\n            (1) the personnel system utilized by the Transportation \n        Security Administration pursuant to section 111(d) of the \n        Aviation and Transportation Security Act (49 U.S.C. 44935 note) \n        provides insufficient workplace protections for the \n        Transportation Security Officer workforce, who are the \n        frontline personnel who secure our Nation's aviation system; \n        and\n            (2) such personnel should be entitled to the protections \n        under title 5, United States Code.\n\nSEC. 3. DEFINITIONS.\n\n    In this Act:\n            (1) Administrator.--The term ``Administrator'' means the \n        official within the Department of Homeland Security who is \n        responsible for overseeing and implementing transportation \n        security pursuant to the Aviation and Transportation Security \n        Act, whether designated as the Assistant Secretary of Homeland \n        Security (Transportation Security Administration), the \n        Administrator of the Transportation Security Administration, \n        the Undersecretary of Transportation for Security, or \n        otherwise.\n            (2) Agency.--The term ``agency'' means an Executive agency, \n        as defined by section 105 of title 5, United States Code.\n            (3) Conversion date.--The term ``conversion date'' means \n        the date as of which paragraphs (1) through (3) of section 3(b) \n        take effect.\n            (4) Covered employee.--The term ``covered employee'' means \n        an employee who holds a covered position.\n            (5) Covered position.--The term ``covered position'' \n        means--\n                    (A) a position within the Transportation Security \n                Administration; and\n                    (B) any position within the Department of Homeland \n                Security, not described in subparagraph (A), the duties \n                and responsibilities of which involve providing \n                transportation security in furtherance of the purposes \n                of the Aviation and Transportation Security Act (Public \n                Law 107-71), as determined by the Secretary.\n            (6) Employee.--The term ``employee'' has the meaning given \n        such term by section 2105 of title 5, United States Code.\n            (7) Secretary.--The term ``Secretary'' means the Secretary \n        of Homeland Security.\n            (8) TSA personnel management system.--The term ``TSA \n        personnel management system'' means any personnel management \n        system established or modified under--\n                    (A) section 111(d) of the Aviation and \n                Transportation Security Act (49 U.S.C. 44935 note); or\n                    (B) section 114(n) of title 49, United States Code.\n\nSEC. 4. CONVERSION OF SCREENING PERSONNEL.\n\n    (a) Termination of Certain Personnel Authorities.--\n            (1) TSA personal management system.--Section 114 of title \n        49, United States Code, is amended by striking subsection (n).\n            (2) Termination of flexibility in employment of screener \n        personnel.--Section 111 of the Aviation and Transportation \n        Security Act (49 U.S.C. 44935 note) is amended by striking \n        subsection (d).\n            (3) Human resources management system.--\n                    (A) In general.--Section 9701 of title 5, United \n                States Code, is amended--\n                            (i) by redesignating subsection (h) as \n                        subsection (i); and\n                            (ii) by inserting after subsection (g) the \n                        following:\n    ``(h) Limitation.--The human resources management system authorized \nunder this section shall not apply to covered employees or covered \npositions (as such terms are defined in section 3 of the Strengthening \nAmerican Transportation Security Act of 2016).''.\n                    (B) Effective date.--The amendments made by \n                subparagraph (A) shall take effect on the date set \n                forth in subsection (b).\n    (b) Covered Employees and Positions Made Subject to Same Personnel \nManagement System as Applies to Civil Service Employees Generally.--On \nthe earlier of a date determined by the Secretary or 60 days after the \ndate of the enactment of this Act--\n            (1) all TSA personnel management personnel policies, \n        directives, letters, and guidelines, including the \n        Determinations of February 2011 and December 2014 shall cease \n        to be effective;\n            (2) any human resources management system established or \n        adjusted under section 9701 of title 5, United States Code, \n        shall cease to be effective with respect to covered employees \n        and covered positions; and\n            (3) covered employees and covered positions shall become \n        subject to the applicable labor provisions under title 49, \n        United States Code.\n\nSEC. 5. TRANSITION RULES.\n\n    (a) Nonreduction in Rate of Pay.--Any conversion of an employee \nfrom a TSA personnel management system to the provisions of law \nreferred to in section 4(b)(3) shall be effected, under pay conversion \nrules prescribed by the Secretary, without any reduction in the rate of \nbasic pay payable to such employee.\n    (b) Preservation of Other Rights.--The Secretary shall take any \nnecessary actions to ensure, for any covered employee as of the \nconversion date, that--\n            (1) all service performed by such covered employee before \n        the conversion date is credited in the determination of such \n        employee's length of service for purposes of applying the \n        provisions of law governing leave, pay, group life and health \n        insurance, severance pay, tenure, and status, which are made \n        applicable to such employee under section 4(b)(3);\n            (2) all annual leave, sick leave, or other paid leave \n        accrued, accumulated, or otherwise available to the covered \n        employee immediately before the conversion date remains \n        available to the employee, until used, while the employee \n        remains continuously employed by the Department of Homeland \n        Security; and\n            (3) the Government share of any premiums or other periodic \n        charges under the provisions of law governing group health \n        insurance remains at the level in effect immediately before the \n        conversion date while the employee remains continuously \n        employed by the Department of Homeland Security.\n\nSEC. 6. CONSULTATION REQUIREMENT.\n\n    (a) Exclusive Representative.--The labor organization certified by \nthe Federal Labor Relations Authority on June 29, 2011, or successor \norganization shall be deemed the exclusive representative of full- and \npart-time nonsupervisory personnel carrying out screening functions \nunder section 44901 of title 49, United States Code under chapter 71 of \ntitle 5, United States Code, with full rights under such chapter 71.\n    (b) Consultation Rights.--Not later than 14 days after the date of \nthe enactment of this Act, the Secretary shall--\n            (1) consult with the exclusive representative for employees \n        under chapter 71 of title 5, United States Code, on the \n        formulation of plans and deadlines to carry out the conversion \n        of covered employees and covered positions under this Act; and\n            (2) provide final written plans to the exclusive \n        representative on how the Secretary intends to carry out the \n        conversion of covered employees and covered positions under \n        this Act, including with respect to--\n                    (A) the proposed conversion date; and\n                    (B) measures to ensure compliance with section 5.\n    (c) Required Agency Response.--If any views or recommendations are \npresented under subsection (b)(2) by the exclusive representative, the \nSecretary shall consider the views or recommendations before taking \nfinal action on any matter with respect to which the views or \nrecommendations are presented and provide the exclusive representative \na written statement of the reasons for the final actions to be taken.\n    (d) Sunset Provision.--The provisions of this section shall cease \nto be effective as of the conversion date.\n\nSEC. 7. NO RIGHT TO STRIKE.\n\n    Nothing in this Act may be construed--\n            (1) to repeal or otherwise affect--\n                    (A) section 1918 of title 18, United States Code \n                (relating to disloyalty and asserting the right to \n                strike against the Government); or\n                    (B) section 7311 of title 5, United States Code \n                (relating to loyalty and striking); or\n            (2) to otherwise authorize any activity which is not \n        permitted under either provision of law cited in paragraph (1).\n\nSEC. 8. REGULATIONS.\n\n    The Secretary may prescribe any regulations that may be necessary \nto carry out this Act.\n\nSEC. 9. DELEGATIONS TO ADMINISTRATOR.\n\n    The Secretary may, with respect to any authority or function vested \nin the Secretary under any of the preceding provisions of this Act, \ndelegate any such authority or function to the Administrator of the \nTransportation Security Administration under such terms, conditions, \nand limitations, including the power of redelegation, as the Secretary \nconsiders appropriate.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated such sums as may be \nnecessary to carry out this Act.","title":""}
+{"_id":"c489","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Veterans Benefits \nand Economic Welfare Improvement Act of 2010''.\n    (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Military transition program.\nSec. 3. Waiver of claim development period for claims under laws \n                            administered by Secretary of Veterans \n                            Affairs.\nSec. 4. Tolling of timing of review for appeals of final decisions of \n                            Board of Veterans' Appeals.\nSec. 5. Exclusion of certain amounts from determination of annual \n                            income with respect to pensions for \n                            veterans and surviving spouses and children \n                            of veterans.\nSec. 6. Extension of authority of Secretary of Veterans Affairs to \n                            obtain certain income information from \n                            other agencies.\nSec. 7. VetStar Award program.\nSec. 8. Increase in amount of pension for Medal of Honor recipients.\nSec. 9. Compliance with Statutory Pay-As-You-Go Act of 2010.\n\nSEC. 2. MILITARY TRANSITION PROGRAM.\n\n    (a) In General.--Chapter 41 of title 38, United States Code, is \namended by inserting after section 4114 the following new section:\n``Sec. 4115. Military transition program\n    ``(a) Establishment; Eligibility.--(1) Subject to the availability \nof appropriations for such purpose, the Secretary of Veterans Affairs \nand the Assistant Secretary of Labor for Veterans' Employment and \nTraining shall jointly carry out a program of training to provide \neligible veterans with skills relevant to the job market.\n    ``(2) For purposes of this section, the term `eligible veteran' \nmeans any veteran whom the Secretary of Veterans Affairs determines--\n            ``(A) is not otherwise eligible for education or training \n        services under this title;\n            ``(B) has not acquired a marketable skill since being \n        separated or released from service in the Armed Forces;\n            ``(C) was discharged under honorable conditions; and\n            ``(D)(i) has been unemployed for at least 90 days during \n        the 180-day period preceding the date of application for the \n        program established under this section; or\n            ``(ii) during such 180-day period received a maximum hourly \n        rate of pay of not more than 150 percent of the Federal minimum \n        wage.\n    ``(b) Apprenticeship or On-the-Job Training Program.--The program \nestablished under this section shall provide for payments to employers \nwho provide for eligible veterans a program of apprenticeship or on-\nthe-job training if--\n            ``(1) such program is approved as provided in paragraph (1) \n        or (2) of section 3687(a) of this title;\n            ``(2) the rate of pay for veterans participating in the \n        program is not less than the rate of pay for nonveterans in \n        similar jobs; and\n            ``(3) the Assistant Secretary of Labor for Veterans' \n        Employment and Training reasonably expects that--\n                    ``(A) the veteran will be qualified for employment \n                in that field upon completion of training; and\n                    ``(B) the employer providing the program will \n                continue to employ the veteran at the completion of \n                training.\n    ``(c) Payments to Employers.--(1) Subject to the availability of \nappropriations for such purpose, the Assistant Secretary of Labor for \nVeterans' Employment and Training shall enter into contracts with \nemployers to provide programs of apprenticeship or on-the-job training \nthat meet the requirements of this section. Each such contract shall \nprovide for the payment of the amounts described in paragraph (2) to \nemployers whose programs meet such requirements.\n    ``(2) The amount paid under this section with respect to any \neligible veteran for any period shall be 50 percent of the wages paid \nby the employer to such veteran for such period. Wages shall be \ncalculated on an hourly basis.\n    ``(3)(A) Except as provided in subparagraph (B)--\n            ``(i) the amount paid under this section with respect to a \n        veteran participating in the program established under this \n        section may not exceed $20,000 in the aggregate or $1,666.67 \n        per month; and\n            ``(ii) such payments may only be made during the first 12 \n        months of such veteran's participation in the program.\n    ``(B) In the case of a veteran participating in the program on a \nless than full-time basis, the Assistant Secretary of Labor for \nVeterans' Employment and Training may extend the number of months of \npayments under subparagraph (A) and proportionally adjust the amount of \nsuch payments, but the aggregate amount paid with respect to such \nveteran may not exceed $20,000 and the maximum number of months of such \npayments may not exceed 24 months.\n    ``(4) Payments under this section shall be made on a quarterly \nbasis.\n    ``(5) Each employer providing a program of apprenticeship or on-\nthe-job training pursuant to this section shall submit to the Assistant \nSecretary of Labor for Veterans' Employment and Training on a quarterly \nbasis a report certifying the wages paid to eligible veterans under \nsuch program (which shall be certified by the veteran as being correct) \nand containing such other information as the Assistant Secretary may \nspecify. Such report shall be submitted in the form and manner required \nby the Assistant Secretary.\n    ``(d) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $10,000,000 for each fiscal year \nfor which the program is carried out.\n    ``(e) Reporting.--The Secretary of Veterans Affairs, in \ncoordination with the Assistant Secretary of Labor for Veterans' \nEmployment and Training, shall include a description of activities \ncarried out under this section in the annual report prepared submitted \nunder section 529 of this title.\n    ``(f) Termination.--The authority to carry out a program under this \nsection shall terminate on September 30, 2016.''.\n    (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by inserting after the item relating to section \n4114 the following new item:\n\n``4115. Military transition program.''.\n    (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034 \nof such title is amended by striking ``and 3687'' and inserting ``3687, \nand 4115''.\n    (2) Subsections (a)(1) and (c) of section 3241 of such title are \neach amended by striking ``section 3687'' and inserting ``sections 3687 \nand 4115''.\n    (3) Subsection (d)(1) of section 3672 of such title is amended by \nstriking ``and 3687'' and inserting ``3687, and 4115''.\n    (4) Paragraph (3) of section 4102A(b) of such title is amended by \nstriking ``section 3687'' and inserting ``section 3687 or 4115''.\n    (d) Effective Date.--The amendments made by this section shall take \neffect on the date that is one year after the date of the enactment of \nthis Act.\n\nSEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR CLAIMS UNDER LAWS \n              ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.\n\n    (a) In General.--Section 5101 of title 38, United States Code, is \namended by adding at the end the following new subsection:\n    ``(d)(1) If a claimant submits to the Secretary a claim that the \nSecretary determines is a fully developed claim, the Secretary shall \nprovide--\n            ``(A) the claimant with the opportunity to waive any claim \n        development period otherwise made available by the Secretary \n        with respect to such claim; and\n            ``(B) expeditious treatment to such claim.\n    ``(2) If a person submits to the Secretary any written notification \nsufficient to inform the Secretary that the person plans to submit a \nfully developed claim and, not later than one year after submitting \nsuch notification submits to the Secretary a claim that the Secretary \ndetermines is a fully developed claim, the Secretary shall provide \nexpeditious treatment to the claim.\n    ``(3) If the Secretary determines that a claim submitted by a \nclaimant as a fully developed claim is not fully developed, the \nSecretary shall provide such claimant with the notice described in \nsection 5103(a) within 30 days after the Secretary makes such \ndetermination.\n    ``(4) For purposes of this section:\n            ``(A) The term `fully developed claim' means a claim--\n                    ``(i) for which the claimant--\n                            ``(I) received assistance from a veterans \n                        service officer, a State or county veterans \n                        service organization, an agent, or an attorney; \n                        or\n                            ``(II) submits, together with the claim, an \n                        appropriate indication that the claimant does \n                        not intend to submit any additional information \n                        or evidence in support of the claim and does \n                        not require additional assistance with respect \n                        to the claim; and\n                    ``(ii) for which the claimant or the claimant's \n                representative, if any, each signs, dates, and submits \n                a certification in writing stating that, as of such \n                date, no additional information or evidence is \n                available or needs to be submitted in order for the \n                claim to be adjudicated.\n            ``(B) The term `expeditious treatment' means, with respect \n        to a claim for benefits under the laws administered by the \n        Secretary, treatment of such claim so that the claim is fully \n        processed and adjudicated within 90 days after the Secretary \n        receives an application for such claim.''.\n    (b) Appeals Form Availability.--Subsection (b) of section 5104 of \nsuch title is amended--\n            (1) by striking ``and (2)'' and inserting ``(2)''; and\n            (2) by inserting before the period at the end the \n        following: ``, and (3) any form or application required by the \n        Secretary to appeal such decision''.\n    (c) Effective Date.--The amendments made by this section shall \napply with respect to claims submitted on or after the date of the \nenactment of this Act.\n\nSEC. 4. TOLLING OF TIMING OF REVIEW FOR APPEALS OF FINAL DECISIONS OF \n              BOARD OF VETERANS' APPEALS.\n\n    (a) In General.--Section 7266(a) of title 38, United States Code, \nis amended--\n            (1) by striking ``In order'' and inserting ``(1) Except as \n        provided in paragraph (2), in order''; and\n            (2) by adding at the end the following new paragraph:\n    ``(2)(A) The 120-day period described in paragraph (1) shall be \nextended upon a showing of good cause for such time as justice may \nrequire.\n    ``(B) For purposes of this paragraph, it shall be considered good \ncause if a person was unable to file a notice of appeal within the 120-\nday period because of the person's service-connected disability.''.\n    (b) Applicability.--\n            (1) In general.--Paragraph (2) of section 7266(a) of such \n        title, as added by subsection (a), shall apply to a notice of \n        appeal filed with respect to a final decision of the Board of \n        Veterans' Appeals that was issued on or after July 24, 2008.\n            (2) Reinstatement.--Any petition for review filed with the \n        Court of Appeals for Veterans Claims that was dismissed by such \n        Court on or after July 24, 2008, as untimely, shall, upon the \n        filing of a petition by an adversely affected person filed not \n        later than six months after the date of the enactment of this \n        Act, be reinstated upon a showing that the petitioner had good \n        cause for filing the petition on the date it was filed.\n\nSEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETERMINATION OF ANNUAL \n              INCOME WITH RESPECT TO PENSIONS FOR VETERANS AND \n              SURVIVING SPOUSES AND CHILDREN OF VETERANS.\n\n    (a) Certain Amounts Paid for Reimbursements and for Pain and \nSuffering.--Paragraph (5) of section 1503(a) of title 38, United States \nCode, is amended to read as follows:\n            ``(5) payments regarding--\n                    ``(A) reimbursements of any kind (including \n                insurance settlement payments) for--\n                            ``(i) expenses related to the repayment, \n                        replacement, or repair of equipment, vehicles, \n                        items, money, or property resulting from--\n                                    ``(I) any accident (as defined in \n                                regulations which the Secretary shall \n                                prescribe), but the amount excluded \n                                under this subclause shall not exceed \n                                the greater of the fair market value or \n                                reasonable replacement value of the \n                                equipment or vehicle involved at the \n                                time immediately preceding the \n                                accident;\n                                    ``(II) any theft or loss (as \n                                defined in regulations which the \n                                Secretary shall prescribe), but the \n                                amount excluded under this subclause \n                                shall not exceed the greater of the \n                                fair market value or reasonable \n                                replacement value of the item or the \n                                amount of the money (including legal \n                                tender of the United States or of a \n                                foreign country) involved at the time \n                                immediately preceding the theft or \n                                loss; or\n                                    ``(III) any casualty loss (as \n                                defined in regulations which the \n                                Secretary shall prescribe), but the \n                                amount excluded under this subclause \n                                shall not exceed the greater of the \n                                fair market value or reasonable \n                                replacement value of the property \n                                involved at the time immediately \n                                preceding the casualty loss; and\n                            ``(ii) medical expenses resulting from any \n                        accident, theft, loss, or casualty loss (as \n                        defined in regulations which the Secretary \n                        shall prescribe), but the amount excluded under \n                        this clause shall not exceed the costs of \n                        medical care provided to the victim of the \n                        accident, theft, loss, or casualty loss; and\n                    ``(B) pain and suffering (including insurance \n                settlement payments and general damages awarded by a \n                court) related to an accident, theft, loss, or casualty \n                loss, but the amount excluded under this subparagraph \n                shall not exceed an amount determined by the Secretary \n                on a case-by-case basis;''.\n    (b) Certain Amounts Paid by States and Municipalities as Veterans \nBenefits.--Section 1503(a) of title 38, United States Code, is \namended--\n            (1) by striking ``and'' at the end of paragraph (10);\n            (2) by redesignating paragraph (11) as paragraph (12); and\n            (3) by inserting after paragraph (10) the following new \n        paragraph (11):\n            ``(11) payment of a monetary amount of up to $5,000 to a \n        veteran from a State or municipality that is paid as a \n        veterans' benefit due to injury or disease; and''.\n    (c) Effective Date.--The amendments made by subsections (a) and (b) \nshall apply with respect to determinations of income for calendar years \nbeginning after October 1, 2011.\n\nSEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO \n              OBTAIN CERTAIN INCOME INFORMATION FROM OTHER AGENCIES.\n\n    Section 5317 of title 38, United States Code, is amended by \nstriking ``September 30, 2011'' and inserting ``September 30, 2015''.\n\nSEC. 7. VETSTAR AWARD PROGRAM.\n\n    (a) Establishment.--The Secretary of Veterans Affairs shall \nestablish an award program, to be known as the ``VetStar Award \nProgram'', to annually recognize businesses for their contributions to \nveterans' employment.\n    (b) Administration.--The Secretary shall establish a process for \nthe administration of the award program, including criteria for--\n            (1) categories and sectors of businesses eligible for \n        recognition each year; and\n            (2) objective measures to be used in selecting businesses \n        to receive the award.\n    (c) Veteran Defined.--In this section, the term ``veteran'' has the \nmeaning given that term in section 101(2) of title 38, United States \nCode.\n\nSEC. 8. INCREASE IN AMOUNT OF PENSION FOR MEDAL OF HONOR RECIPIENTS.\n\n    Section 1562(a) of title 38, United States Code, is amended by \nstriking ``$1,000'' and inserting ``$2,000''.\n\nSEC. 9. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010.\n\n    The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the House Budget Committee, \n\n\n              \n\nprovided that such statement has been submitted prior to the vote on \npassage.\n\n            Passed the House of Representatives September 28, 2010.\n\n            Attest:\n\n                                            LORRAINE C. MILLER,\n\n                                                                 Clerk.","title":""}
+{"_id":"c49","text":"SECTION 1. PRE-DECISIONAL ADMINISTRATIVE REVIEW PROCESS FOR FOREST \n              SERVICE ACTIONS IMPLEMENTING LAND AND RESOURCE MANAGEMENT \n              PLANS.\n\n    (a) Replacement of Current Administrative Appeals Process.--Section \n322 of Public Law 102-381 (16 U.S.C. 1612 note) is amended by striking \nsubsections (c), (d), and (e) and inserting the following new \nsubsections:\n    ``(c) Pre-Decisional Administrative Review Process for Certain \nForest Service Actions.--\n            ``(1) Establishment as sole means for administrative \n        review.--The Secretary shall establish by regulation a pre-\n        decisional administrative review process that will serve as the \n        sole means by which a person can seek administrative review \n        regarding proposed actions referred to in subsection (a).\n            ``(2) Review period.--The pre-decisional administrative \n        review process for a proposed action referred to in subsection \n        (a) shall occur during the period--\n                    ``(A) beginning after the completion of the \n                environmental assessment or environmental impact \n                statement prepared for the action; and\n                    ``(B) ending not later than the date of the \n                issuance of the final decision approving the action.\n            ``(3) Eligibility.--To be eligible to participate in the \n        pre-decisional administrative review process for a proposed \n        action referred to in subsection (a), a person shall submit to \n        the Secretary, during scoping or the public comment period for \n        the draft environmental analysis for the action, specific \n        written comments that relate to the proposed action.\n            ``(4) Notice of proposed decision.--Following the \n        conclusion of the pre-decisional administrative review process \n        for a proposed action referred to in subsection (a), the \n        Secretary shall provide notice of, and distribute, the proposed \n        decision along with the final environmental assessment or \n        environmental impact statement.\n    ``(d) Emergency Situations.--\n            ``(1) Exemption from pre-decisional administrative review \n        process.--Subject to paragraphs (2) and (3), if the Chief of \n        the Forest Service determines that an emergency situation \n        exists for which immediate implementation of a proposed action \n        referred to in subsection (a) is necessary, the proposed action \n        shall not be subject the pre-decisional administrative review \n        process in subsection (c).\n            ``(2) Notice; post-decisional objection process.--In the \n        case of an action exempted under paragraph (1), the Forest \n        Service shall--\n                    ``(A) provide notice of the final decision for the \n                proposed action; and\n                    ``(B) provide for an expedited post-decisional \n                review process.\n            ``(3) Implementation.--The Forest Service may implement an \n        action exempted under paragraph (1) immediately after notice is \n        provided under paragraph (2)(A) and continue such \n        implementation during the post-decisional administrative review \n        process.\n    ``(e) Efforts To Expedite Judicial Review.--Subsections (b) and \n(c)(3) of section 106 of the Healthy Forests Restoration Act of 2003 \n(16 U.S.C. 6516) shall apply with respect to--\n            ``(1) the judicial review of an action challenging an \n        action referred to in subsection (a); and\n            ``(2) any request for an injunction regarding such an \n        action.\n    ``(f) Relationship to Other Authorities.--This section does not \napply to--\n            ``(1) an authorized hazardous fuel reduction project under \n        title I of the Healthy Forests Restoration Act of 2003 (16 \n        U.S.C. 6501 et seq.), which has its own special administrative \n        review process under section 105 of such Act (16 U.S.C. 6515); \n        and\n            ``(2) a proposed action referred to in subsection (a) for \n        which a categorically exclusion is provided.\n    ``(g) Short Title.--This section may be cited as the `Forest \nService Administrative Review Act'.''.\n    (b) Technical Corrections.--Section 322 of Public Law 102-381 (16 \nU.S.C. 1612 note) is further amended--\n            (1) in subsection (a), by striking ``(16 U.S.C. 1601 et \n        seq.)'' and inserting ``(16 U.S.C. 1600 et seq.)''; and\n            (2) in subsection (b)--\n                    (A) by striking ``Secretary'' both places it \n                appears and inserting ``Forest Service''; and\n                    (B) by striking the comma at the end of paragraph \n                (1)(A).\n    (c) Effective Date and Interim Process.--\n            (1) Effective date.--Subject to paragraph (3), the pre-\n        decisional administrative review process required by subsection \n        (c) of section 322 of Public Law 102-381 (16 U.S.C. 1612 note), \n        as added by subsection (a), shall take effect upon the issuance \n        of final regulations by the Secretary of Agriculture \n        establishing the process.\n            (2) Interim process.--Pending issuance of the final \n        regulations, the Secretary shall apply--\n                    (A) the regulations in part 215, title 36, Code of \n                Federal Regulations that implement the notice and \n                comment provisions in subsections (a) and (b) of \n                section 322 of Public Law 102-381; and\n                    (B) the regulations in part 218, title 36, Code of \n                Federal Regulations, to provide the pre-decisional \n                administrative review process under subsection (c) of \n                section 322 of Public Law 102-381, except that \n                subsection (c)(5) of such section shall apply to \n                require notice and distribution of proposed decisions.\n            (3) Transition.--Upon issuance of the final regulations, \n        the Secretary shall no longer apply the regulations in part \n        215, title 36, Code of Federal Regulations, that implement \n        subsections (c), (d), and (e) of section 322 of Public Law 102-\n        381, as in effect on the day before the date of enactment of \n        this Act, except with respect to a decision which was, or could \n        have been, appealed under such part on the day before the date \n        of the issuance of the final regulations.","title":""}
+{"_id":"c490","text":"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n\n    (a) Short Title.--This Act may be cited as the ``Water Quality \nProtection and Job Creation Act of 2017''.\n    (b) Table of Contents.--The table of contents for this Act is as \nfollows:\n\nSec. 1. Short title; table of contents.\nSec. 2. Amendment of Federal Water Pollution Control Act.\n                    TITLE I--WATER QUALITY FINANCING\n\n            Subtitle A--Technical and Management Assistance\n\nSec. 101. Technical assistance.\nSec. 102. State management assistance.\nSec. 103. Watershed pilot projects.\nSec. 104. Nonpoint source management programs.\n       Subtitle B--State Water Pollution Control Revolving Funds\n\nSec. 121. Capitalization grant agreements.\nSec. 122. Water pollution control revolving loan funds.\nSec. 123. State planning assistance.\nSec. 124. Intended use plan.\nSec. 125. Technical assistance.\nSec. 126. Authorization of appropriations.\n TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER \n                                 GRANTS\n\nSec. 201. Pilot program for alternative water source projects.\nSec. 202. Sewer overflow control grants.\n\nSEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.\n\n    Except as otherwise expressly provided, whenever in this Act an \namendment or repeal is expressed in terms of an amendment to, or repeal \nof, a section or other provision, the reference shall be considered to \nbe made to a section or other provision of the Federal Water Pollution \nControl Act (33 U.S.C. 1251 et seq.).\n\n                    TITLE I--WATER QUALITY FINANCING\n\n            Subtitle A--Technical and Management Assistance\n\nSEC. 101. TECHNICAL ASSISTANCE.\n\n    (a) Technical Assistance for Rural and Small Treatment Works.--\nSection 104(b) (33 U.S.C. 1254(b)) is amended--\n            (1) by striking ``and'' at the end of paragraph (6);\n            (2) by striking the period at the end of paragraph (7) and \n        inserting ``; and''; and\n            (3) by adding at the end the following:\n            ``(8) make grants to nonprofit organizations--\n                    ``(A) to provide technical assistance to rural, \n                small, and tribal municipalities for the purpose of \n                assisting, in consultation with the State in which the \n                assistance is provided, such municipalities and tribal \n                governments in the planning, developing, and \n                acquisition of financing for eligible projects \n                described in section 603(c);\n                    ``(B) to provide technical assistance and training \n                for rural, small, and tribal publicly owned treatment \n                works and decentralized wastewater treatment systems to \n                enable such treatment works and systems to protect \n                water quality and achieve and maintain compliance with \n                the requirements of this Act; and\n                    ``(C) to disseminate information to rural, small, \n                and tribal municipalities and municipalities that meet \n                the affordability criteria established under section \n                603(i)(2) by the State in which the municipality is \n                located with respect to planning, design, construction, \n                and operation of publicly owned treatment works and \n                decentralized wastewater treatment systems.''.\n    (b) Authorization of Appropriations.--Section 104(u) (33 U.S.C. \n1254(u)) is amended--\n            (1) by striking ``and (6)'' and inserting ``(6)''; and\n            (2) by inserting before the period at the end the \n        following: ``; and (7) not to exceed $100,000,000 for each of \n        fiscal years 2018 through 2022 for carrying out subsections \n        (b)(3), (b)(8), and (g), except that not less than 20 percent \n        of the amounts appropriated pursuant to this paragraph in a \n        fiscal year shall be used for carrying out subsection (b)(8)''.\n\nSEC. 102. STATE MANAGEMENT ASSISTANCE.\n\n    (a) Authorization of Appropriations.--Section 106(a) (33 U.S.C. \n1256(a)) is amended--\n            (1) by striking ``and'' at the end of paragraph (1);\n            (2) by striking the semicolon at the end of paragraph (2) \n        and inserting ``; and''; and\n            (3) by inserting after paragraph (2) the following:\n            ``(3) such sums as may be necessary for each of fiscal \n        years 1991 through 2017, and $300,000,000 for each of fiscal \n        years 2018 through 2022;''.\n    (b) Technical Amendment.--Section 106(e) (33 U.S.C. 1256(e)) is \namended by striking ``Beginning in fiscal year 1974 the'' and inserting \n``The''.\n\nSEC. 103. WATERSHED PILOT PROJECTS.\n\n    Section 122(c) is amended to read as follows:\n    ``(c) Authorization of Appropriations.--There is authorized to be \nappropriated to carry out this section $120,000,000 for each of fiscal \nyears 2018 through 2022.''.\n\nSEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS.\n\n    Section 319(j) (33 U.S.C. 1329(j)) is amended by striking \n``$70,000,000'' and all that follows through ``fiscal year 1991'' and \ninserting ``$200,000,000 for each of fiscal years 2018 through 2022''.\n\n       Subtitle B--State Water Pollution Control Revolving Funds\n\nSEC. 121. CAPITALIZATION GRANT AGREEMENTS.\n\n    Section 602(b) (33 U.S.C. 1382(b)) is amended--\n            (1) in paragraph (13)(B)(iii), by striking ``; and'' and \n        inserting a semicolon;\n            (2) in paragraph (14), by striking the period at the end \n        and inserting ``; and''; and\n            (3) by adding at the end the following:\n            ``(15) the State will use at least 15 percent of the amount \n        of each capitalization grant received by the State under this \n        title after September 30, 2017, to provide assistance to \n        municipalities of fewer than 10,000 individuals that meet the \n        affordability criteria established by the State under section \n        603(i)(2) for projects or activities included on the State's \n        priority list under section 603(g), to the extent that there \n        are sufficient applications for such assistance.''.\n\nSEC. 122. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.\n\n    Section 603(d) (33 U.S.C. 1383(d)) is amended--\n            (1) by striking ``and'' at the end of paragraph (6);\n            (2) by striking the period at the end of paragraph (7) and \n        inserting a semicolon; and\n            (3) by adding at the end the following:\n            ``(8) to provide grants to owners and operators of \n        treatment works that serve a population of 10,000 or fewer for \n        obtaining technical and planning assistance and assistance in \n        financial management, user fee analysis, budgeting, capital \n        improvement planning, facility operation and maintenance, \n        equipment replacement, and other activities to improve \n        wastewater treatment plant management and operations, except \n        that the total amount provided by the State in grants under \n        this paragraph for a fiscal year may not exceed one percent of \n        the total amount of assistance provided by the State from the \n        fund in the preceding fiscal year, or 2 percent of the total \n        amount received by the State in capitalization grants under \n        this title in the preceding fiscal year, whichever amount is \n        greatest; and\n            ``(9) to provide grants to owners and operators of \n        treatment works for conducting an assessment of the energy and \n        water consumption of the treatment works, and evaluating \n        potential opportunities for energy and water conservation \n        through facility operation and maintenance, equipment \n        replacement, and projects or activities that promote the \n        efficient use of energy and water by the treatment works, \n        except that the total amount provided by the State in grants \n        under this paragraph for a fiscal year may not exceed one \n        percent of the total amount of assistance provided by the State \n        from the fund in the preceding fiscal year, or 2 percent of the \n        total amount received by the State in capitalization grants \n        under this title in the preceding fiscal year, whichever amount \n        is greatest.''.\n\nSEC. 123. STATE PLANNING ASSISTANCE.\n\n    Section 604(b) (33 U.S.C. 1384(b)) is amended by striking ``1 \npercent'' and inserting ``2 percent''.\n\nSEC. 124. INTENDED USE PLAN.\n\n    (a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g)) \nis amended to read as follows:\n    ``(g) Priority List.--\n            ``(1) In general.--For fiscal year 2019 and each fiscal \n        year thereafter, a State shall establish or update a list of \n        projects and activities for which assistance is sought from the \n        State's water pollution control revolving fund. Such projects \n        and activities shall be listed in priority order based on the \n        methodology established under paragraph (2). The State may \n        provide financial assistance from the State's water pollution \n        control revolving fund only with respect to a project or \n        activity included on such list. In the case of projects and \n        activities eligible for assistance under subsection (c)(2), the \n        State may include on such list a category or subcategory of \n        nonpoint sources of pollution to be addressed.\n            ``(2) Methodology.--\n                    ``(A) In general.--Not later than 1 year after the \n                date of enactment of this paragraph, and after \n                providing notice and opportunity for public comment, \n                each State shall establish a methodology for developing \n                a priority list under paragraph (1).\n                    ``(B) Priority for projects and activities that \n                achieve greatest water quality improvement.--In \n                developing the methodology, the State shall seek to \n                achieve the greatest degree of water quality \n                improvement, taking into consideration--\n                            ``(i) the requirements of section \n                        602(b)(5);\n                            ``(ii) whether such water quality \n                        improvements would be realized without \n                        assistance under this title; and\n                            ``(iii) whether the proposed projects and \n                        activities would address water quality \n                        impairments associated with existing treatment \n                        works.\n                    ``(C) Considerations in selecting projects and \n                activities.--In determining which projects and \n                activities will achieve the greatest degree of water \n                quality improvement, the State shall consider--\n                            ``(i) information developed by the State \n                        under sections 303(d) and 305(b);\n                            ``(ii) the State's continuing planning \n                        process developed under sections 205(j) and \n                        303(e);\n                            ``(iii) whether such project or activity \n                        may have a beneficial impact related to the \n                        purposes identified under section 302(a);\n                            ``(iv) the State's management program \n                        developed under section 319; and\n                            ``(v) conservation and management plans \n                        developed under section 320 with respect to an \n                        estuary lying in whole or in part within the \n                        State.\n                    ``(D) Nonpoint sources.--For categories or \n                subcategories of nonpoint sources of pollution that a \n                State may include on its priority list under paragraph \n                (1), the State shall consider the cumulative water \n                quality improvements associated with projects or \n                activities carried out pursuant to the listing of such \n                categories or subcategories.\n                    ``(E) Existing methodologies.--If a State has \n                previously developed, after providing notice and an \n                opportunity for public comment, a methodology that \n                meets the requirements of this paragraph, the State may \n                use the methodology for the purposes of this \n                subsection.''.\n    (b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is \namended--\n            (1) in the matter preceding paragraph (1) by inserting \n        ``and publish'' after ``each State shall annually prepare'';\n            (2) by striking paragraph (1) and inserting the following:\n            ``(1) the State's priority list developed under section \n        603(g);'';\n            (3) in paragraph (4), by striking ``and'' at the end;\n            (4) by striking the period at the end of paragraph (5) and \n        inserting ``; and''; and\n            (5) by adding at the end the following:\n            ``(6) if the State does not fund projects and activities in \n        the order of the priority established under section 603(g), an \n        explanation of why such a change in order is appropriate.''.\n    (c) Transitional Provision.--Before completion of a priority list \nbased on a methodology established under section 603(g) of the Federal \nWater Pollution Control Act (as amended by this section), a State shall \ncontinue to comply with the requirements of sections 603(g) and 606(c) \nof such Act, as in effect on the day before the date of enactment of \nthis Act.\n\nSEC. 125. TECHNICAL ASSISTANCE.\n\n    Section 607 is amended to read as follows:\n\n``SEC. 607. TECHNICAL ASSISTANCE.\n\n    ``(a) Simplified Procedures.--Not later than 1 year after the date \nof enactment of this section, the Administrator shall assist the States \nin establishing simplified procedures for treatment works to obtain \nassistance under this title.\n    ``(b) Publication of Manual.--Not later than 2 years after the date \nof the enactment of this section, and after providing notice and \nopportunity for public comment, the Administrator shall publish a \nmanual to assist treatment works in obtaining assistance under this \ntitle and publish in the Federal Register notice of the availability of \nthe manual.''.\n\nSEC. 126. AUTHORIZATION OF APPROPRIATIONS.\n\n    Title VI (33 U.S.C. 1381 et seq.) is amended by adding at the end \nthe following:\n\n``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.\n\n    ``There is authorized to be appropriated to carry out the purposes \nof this title $4,000,000,000 for each of fiscal years fiscal year 2018 \nthrough 2022.''.\n\n TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER \n                                 GRANTS\n\nSEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.\n\n    (a) Selection of Projects.--Section 220(d) (33 U.S.C. 1300(d)) is \namended by striking paragraph (2) and redesignating paragraph (3) as \nparagraph (2).\n    (b) Committee Resolution Procedure.--Section 220 (33 U.S.C. \n1300(e)) is amended by striking subsection (e) and redesignating \nsubsections (f) through (j) as subsections (e) through (i), \nrespectively.\n    (c) Definitions.--Section 220(h)(1) (as redesignated by subsection \n(c) of this section) is amended by striking ``or wastewater or by \ntreating wastewater'' and inserting ``, wastewater, or stormwater or by \ntreating wastewater or stormwater''.\n    (d) Authorization of Appropriations.--Section 220(i) (as \nredesignated by subsection (c) of this section) is amended by striking \n``$75,000,000 for fiscal years 2002 through 2004'' and inserting \n``$75,000,000 for each of fiscal years 2018 through 2022''.\n\nSEC. 202. SEWER OVERFLOW CONTROL GRANTS.\n\n    Section 221 (33 U.S.C. 1301) is amended--\n            (1) by amending the section heading to read as follows: \n        ``sewer overflow and stormwater reuse municipal grants'';\n            (2) by amending subsection (a) to read as follows:\n    ``(a) In General.--\n            ``(1) Grants to states.--The Administrator may make grants \n        to States for the purpose of providing grants to a municipality \n        or municipal entity for planning, design, and construction of \n        treatment works to intercept, transport, control, treat, or \n        reuse municipal combined sewer overflows, sanitary sewer \n        overflows, or stormwater.\n            ``(2) Direct municipal grants.--Subject to subsection (g), \n        the Administrator may make a direct grant to a municipality or \n        municipal entity for the purposes described in paragraph \n        (1).'';\n            (3) by amending subsection (e) to read as follows:\n    ``(e) Administrative Requirements.--A project that receives \nassistance under this section shall be carried out subject to the same \nrequirements as a project that receives assistance from a State water \npollution control revolving fund under title VI, except to the extent \nthat the Governor of the State in which the project is located \ndetermines that a requirement of title VI is inconsistent with the \npurposes of this section. For the purposes of this subsection, a \nGovernor may not determine that the requirements of title VI relating \nto the application of section 513 are inconsistent with the purposes of \nthis section.'';\n            (4) by amending subsection (f) to read as follows:\n    ``(f) Authorization of Appropriations.--\n            ``(1) In general.--There is authorized to be appropriated \n        to carry out this section $500,000,000 for each of fiscal years \n        2018 through 2022.\n            ``(2) Minimum allocations.--To the extent there are \n        sufficient eligible project applications, the Administrator \n        shall ensure that a State uses not less than 20 percent of the \n        amount of the grants made to the State under subsection (a) in \n        a fiscal year to carry out projects to intercept, transport, \n        control, treat, or reuse municipal combined sewer overflows, \n        sanitary sewer overflows, or stormwater through the use of \n        green infrastructure, water and energy efficiency improvements, \n        and other environmentally innovative activities.''; and\n            (5) by amending subsection (g) to read as follows:\n    ``(g) Allocation of Funds.--\n            ``(1) Fiscal year 2018.--Subject to subsection (h), the \n        Administrator shall use the amounts appropriated to carry out \n        this section for fiscal year 2018 for making grants to \n        municipalities and municipal entities under subsection (a)(2) \n        in accordance with the criteria set forth in subsection (b).\n            ``(2) Fiscal year 2019 and thereafter.--Subject to \n        subsection (h), the Administrator shall use the amounts \n        appropriated to carry out this section for fiscal year 2019 and \n        each fiscal year thereafter for making grants to States under \n        subsection (a)(1) in accordance with a formula to be \n        established by the Administrator, after providing notice and an \n        opportunity for public comment, that allocates to each State a \n        proportional share of such amounts based on the total needs of \n        the State for municipal combined sewer overflow controls, \n        sanitary sewer overflow controls, and stormwater identified in \n        the most recent survey conducted pursuant to section 516 and \n        any other information the Administrator considers \n        appropriate.''.","title":""}
+{"_id":"c491","text":"SECTION 1. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.\n\n    Title III of the Workforce Investment Act of 1998 (Public Law 105-\n220; 112 Stat. 1080) is amended by adding at the end the following:\n\n    ``Subtitle E--Staffing for Adequate Fire and Emergency Response\n\n``SEC. 351. SHORT TITLE.\n\n    ``This subtitle may be cited as the `Staffing for Adequate Fire and \nEmergency Response Act of 2001' or as the `SAFER Act of 2001'.\n\n``SEC. 352. PURPOSES.\n\n    ``The purposes of this subtitle are--\n            ``(1) to expand on the firefighter assistance grant program \n        under section 33 of the Federal Fire Prevention and Control Act \n        of 1974 (15 U.S.C. 2229), in order to ensure adequate funding \n        to increase the number of firefighting personnel throughout the \n        Nation;\n            ``(2) to substantially increase the hiring of firefighters \n        so that communities can--\n                    ``(A) meet industry minimum standards for providing \n                adequate protection from acts of terrorism and hazards; \n                and\n                    ``(B) enhance the ability of firefighter units to \n                save lives, save property, and effectively respond to \n                all types of emergencies; and\n            ``(3) to promote that substantial increase in hiring by \n        establishing a program of grants, authorized for 7 years, to \n        provide direct funding to States, units of local government, \n        and Indian tribal organizations for firefighter salaries and \n        benefits.\n\n``SEC. 353. DEFINITIONS.\n\n    ``In this subtitle:\n            ``(1) Eligible entity.--The term `eligible entity' means--\n                    ``(A) a State, a unit of local government, a tribal \n                organization, or another public entity; or\n                    ``(B) a multi-jurisdictional or regional consortia \n                of entities described in subparagraph (A).\n            ``(2) Firefighter.--The term `firefighter' has the meaning \n        given the term `employee in fire protection activities' in \n        section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. \n        203).\n            ``(3) Indian tribe; tribal organization.--The terms `Indian \n        tribe' and `tribal organization' have the meanings given the \n        terms in section 4 of the Indian Self-Determination and \n        Education Assistance Act (25 U.S.C. 450b).\n            ``(4) Secretary.--The term `Secretary' means the Secretary \n        of Labor, acting after consultation with the Director of the \n        Federal Emergency Management Agency.\n            ``(5) State.--The term `State' means each of the several \n        States of the United States, the District of Columbia, the \n        Commonwealth of Puerto Rico, the United States Virgin Islands, \n        Guam, American Samoa, and the Commonwealth of the Northern \n        Mariana Islands.\n\n``SEC. 354. AUTHORITY TO MAKE GRANTS.\n\n    ``(a) Definition.--In this section, the term `qualifying entity', \nused with respect to a fiscal year, means any eligible entity \n(including a State) that has submitted an application under section 355 \nfor the fiscal year that meets the requirements of this subtitle and \nsuch additional requirements as the Secretary may prescribe.\n    ``(b) Grant Authorization.--The Secretary may make grants to \neligible entities to pay for the Federal share of the cost of carrying \nout projects to hire firefighters.\n    ``(c) Minimum Amount.--\n            ``(1) Amount.--For any fiscal year, the Secretary shall \n        ensure that the qualifying entities in each State shall \n        receive, through grants made under this section, a total amount \n        that is not less than \\1\/2\\ of 1 percent of the amount \n        appropriated under section 362 for the fiscal year.\n            ``(2) Exception.--Paragraph (1) shall not apply for a \n        fiscal year if the Secretary makes a grant under this section \n        to every qualifying entity for the fiscal year.\n    ``(d) Grant Periods.--The Secretary may make grants under this \nsection for periods of 3 years.\n    ``(e) Federal Share.--\n            ``(1) In general.--The Federal share of the cost of \n        carrying out a project to hire firefighters under this subtitle \n        shall be not more than 75 percent.\n            ``(2) Non-federal share.--The non-Federal share shall be \n        provided--\n                    ``(A) in cash;\n                    ``(B) in the case of a State or unit of local \n                government, from assets received through an asset \n                forfeiture program; or\n                    ``(C) in the case of a tribal organization or the \n                Bureau of Indian Affairs, from any Federal funds made \n                available for firefighting functions to assist an \n                Indian tribe.\n            ``(3) Waiver.--The Secretary may waive the requirements of \n        paragraphs (1) and (2) for an eligible entity.\n\n``SEC. 355. APPLICATIONS.\n\n    ``(a) In General.--To be eligible to receive a grant under this \nsubtitle, an entity shall submit an application to the Secretary at \nsuch time, in such manner, and containing such information as the \nSecretary may prescribe.\n    ``(b) Contents.--Each such application shall--\n            ``(1) include a long-term strategy and detailed \n        implementation plan, for the hiring to be conducted under the \n        grant, that reflects consultation with community groups and \n        appropriate private and public agencies and reflects \n        consideration of a statewide strategy for such hiring;\n            ``(2) specify the reasons why the entity is unable to hire \n        sufficient firefighters to address the entity's needs, without \n        Federal assistance;\n            ``(3)(A) specify the average number of firefighters \n        employed by the entity during the fiscal year prior to the \n        fiscal year for which the application is submitted; and\n            ``(B) outline the initial and planned level of community \n        support for implementing the strategy and plan, including the \n        level of financial and in-kind contributions or other tangible \n        commitments;\n            ``(4)(A) specify plans for obtaining necessary support and \n        continuing the employment of a greater number of firefighters \n        than the number specified under paragraph (3)(A), following the \n        conclusion of Federal assistance under this subtitle; and\n            ``(B) include an assurance that the entity will continue \n        the employment of firefighters hired with funds made available \n        through the grant for at least 1 year after the end of the \n        grant period; and\n            ``(5) include assurances that the entity will, to the \n        extent practicable, seek, recruit, and hire members of racial \n        and ethnic minority groups and women in order to increase the \n        ranks of minorities and women within the entity's firefighter \n        units.\n    ``(c) Small Jurisdictions.--Notwithstanding any other provision of \nthis subtitle, the Secretary may waive 1 or more of the requirements of \nsubsection (b), and may make special provisions to facilitate the \nexpedited submission, processing, and approval of an application under \nthis section, for an eligible entity that is a unit of local \ngovernment, or an eligible entity serving a fire district, that has \njurisdiction over an area with a population of less than 50,000.\n    ``(d) Preference.--In awarding grants under this subtitle, the \nSecretary--\n            ``(1) shall give preference to a unit of local government; \n        and\n            ``(2) may give preference, where feasible, to an eligible \n        entity that submits an application containing a plan that--\n                    ``(A) provides for hiring (including rehiring) \n                career firefighters; and\n                    ``(B) requires the entity to contribute a non-\n                Federal share of more than 25 percent of the cost of \n                carrying out a project to hire the firefighters.\n    ``(e) State and Local Applications.--If a unit of local government \nfor a community, and the State in which the community is located, \nsubmit applications under this section for a fiscal year to carry out a \nproject in a community, and the unit of local government and State are \nqualifying entities under section 354(a), the Secretary--\n            ``(1) shall make a grant under this subtitle to the unit of \n        local government for that year; and\n            ``(2) shall not make a grant under this subtitle to the \n        State to carry out a project in that community for that year.\n\n``SEC. 356. USE OF FUNDS.\n\n    ``(a) In General.--An eligible entity that receives a grant under \nthis subtitle shall use the funds made available through the grant to \nhire career firefighters. The funds may only be used to increase the \nnumber of firefighters employed by the agency from the number specified \nunder section 355(b)(3)(A). The funds may be used for salaries and \nbenefits for the firefighters.\n    ``(b) Hiring Costs.--\n            ``(1) Fiscal year 2002.--For fiscal year 2002, in hiring \n        any 1 firefighter, the entity may not use more than $90,000 of \n        such funds.\n            ``(2) Subsequent years.--For each subsequent fiscal year, \n        in hiring any 1 firefighter, the entity may not use more than \n        $90,000 of such funds, increased or decreased by the same \n        percentage as the percentage by which the Consumer Price Index \n        for All Urban Consumers (United States city average), published \n        by the Secretary of Labor, has increased or decreased by \n        September of the preceding fiscal year from such Index for \n        September 2001.\n            ``(3) Waivers.--The Secretary may waive the requirements of \n        paragraph (1) or (2) for an eligible entity.\n    ``(c) Supplement, not Supplant.--Funds appropriated pursuant to the \nauthority of this subtitle shall be used to supplement and not supplant \nother Federal, State, and local public funds expended to hire \nfirefighters.\n\n``SEC. 357. TECHNICAL ASSISTANCE.\n\n    ``The Secretary may provide technical assistance to eligible \nentities to further the purposes of this Act.\n\n``SEC. 358. MONITORING AND EVALUATIONS.\n\n    ``(a) Monitoring Components.--Each project funded through a grant \nmade under this subtitle shall contain a monitoring component, \ndeveloped pursuant to regulations established by the Secretary. The \nmonitoring required by this subsection shall include systematic \nidentification and collection of data about the project throughout the \nperiod of the project and presentation of such data in a usable form.\n    ``(b) Evaluation Components.--The Secretary may require that \nselected grant recipients under this subtitle conduct local evaluations \nor participate in a national evaluation, pursuant to regulations \nestablished by the Secretary. Such local or national evaluations may \ninclude assessments of the implementation of different projects. The \nSecretary may require selected grant recipients under this subtitle to \nconduct local outcome evaluations to determine the effectiveness of \nprojects under this subtitle.\n    ``(c) Periodic Reports.--The Secretary may require a grant \nrecipient under this subtitle to submit to the Secretary the results of \nthe monitoring and evaluations required under subsections (a) and (b) \nand such  other data and information as the Secretary determines to be \nreasonably necessary.\n    ``(d) Revocation or Suspension of Funding.--If the Secretary \ndetermines, as a result of the monitoring or evaluations required by \nthis section, or otherwise, that a grant recipient under this subtitle \nis not in substantial compliance with the terms and requirements of an \napproved grant application submitted under section 355, the Secretary \nmay revoke the grant or suspend part or all of the funding provided \nunder the grant.\n\n``SEC. 359. ACCESS TO DOCUMENTS.\n\n    ``For the purpose of conducting an audit or examination of a grant \nrecipient that carries out a project under this subtitle, the Secretary \nand the Comptroller General of the United States shall have access to \nany pertinent books, documents, papers, or records of the grant \nrecipient and any State or local government, person, business, or other \nentity, that is involved in the project.\n\n``SEC. 360. REPORT TO CONGRESS.\n\n    ``Not later than September 30, 2008, the Secretary shall submit a \nreport to Congress concerning the experiences of eligible entities in \ncarrying out projects under this subtitle, and the effects of the \ngrants made under this subtitle. The report may include recommendations \nfor such legislation as the Secretary may consider to be appropriate, \nwhich may include reauthorization of this subtitle.\n\n``SEC. 361. REGULATIONS.\n\n    ``The Secretary may issue regulations to carry out this subtitle.\n\n``SEC. 362. AUTHORIZATION OF APPROPRIATIONS.\n\n    ``(a) In General.--There is authorized to be appropriated to carry \nout this subtitle--\n            ``(1) $1,000,000,000 for fiscal year 2002;-\n            ``(2) $1,030,000,000 for fiscal year 2003;\n            ``(3) $1,061,000,000 for fiscal year 2004;\n            ``(4) $1,093,000,000 for fiscal year 2005;\n            ``(5) $1,126,000,000 for fiscal year 2006;\n            ``(6) $1,159,000,000 for fiscal year 2007; and\n            ``(7) $1,194,000,000 for fiscal year 2008.\n    ``(b) Availability.--Funds appropriated under subsection (a) for a \nfiscal year shall remain available until the end of the second \nsucceeding fiscal year.''.\n\nSEC. 2. CONFORMING AMENDMENT.\n\n    The table of contents in section 1(b) of the Workforce Investment \nAct of 1998 (Public Law 105-220; 112 Stat. 936) is amended, in the \nitems relating to title III, by adding at the end the following:\n\n    ``Subtitle E--Staffing for Adequate Fire and Emergency Response\n\n        ``Sec. 351. Short title.\n        ``Sec. 352. Purposes.\n        ``Sec. 353. Definitions.\n        ``Sec. 354. Authority to make grants.\n        ``Sec. 355. Applications.\n        ``Sec. 356. Use of funds.\n        ``Sec. 357. Technical assistance.\n        ``Sec. 358. Monitoring and evaluations.\n        ``Sec. 359. Access to documents.\n        ``Sec. 360. Report to Congress.\n        ``Sec. 361. Regulations.\n        ``Sec. 362. Authorization of appropriations.''.","title":""}
+{"_id":"c492","text":"SECTION 1. SUSPENSION OF DUTY ON CERTAIN ITEMS.\n\n    (a) In General.--Subchapter II of chapter 99 of the Harmonized \nTariff Schedule of the United States is amended by inserting in \nnumerical sequence the following new headings:\n\n\n``      9902.05.70      Front panels for    Free         No change        No change        On or before 12\/  ...\n                         cathode-ray                                                        31\/2009\n                         television\n                         picture tubes\n                         with a viewable\n                         diagonal\n                         measurement of\n                         80.01 cm, an\n                         outer panel\n                         radius of less\n                         than 500 cm, and\n                         an aspect ratio\n                         of 4:3 (provided\n                         for in subheading\n                         7011.20.80)......\n        9902.05.71      Front panels for    Free         No change        No change        On or before 12\/  ...\n                         cathode-ray                                                        31\/2009\n                         television\n                         picture tubes\n                         with a viewable\n                         diagonal\n                         measurement of\n                         90.17 cm, an\n                         outer panel\n                         radius of less\n                         than 500 cm, and\n                         an aspect ratio\n                         of 4:3 (provided\n                         for in subheading\n                         7011.20.80)......\n        9902.05.72      Front panels for    Free         No change        No change        On or before 12\/  ...\n                         cathode-ray                                                        31\/2009\n                         television\n                         picture tubes\n                         with a viewable\n                         diagonal\n                         measurement of\n                         76.00 cm, an\n                         outer panel\n                         radius of greater\n                         than 500 cm, and\n                         an aspect ratio\n                         of 16:9 (provided\n                         for in subheading\n                         7011.20.80)......\n        9902.05.73      Front panels for    Free         No change        No change        On or before 12\/  ...\n                         cathode-ray                                                        31\/2009\n                         television\n                         picture tubes\n                         with a viewable\n                         diagonal\n                         measurement of\n                         85.50 cm, an\n                         outer panel\n                         radius of greater\n                         than 500 cm, and\n                         an aspect ratio\n                         of 16:9 (provided\n                         for in subheading\n                         7011.20.80)......\n        9902.05.74      32V funnel for use  Free         No change        No change        On or before 12\/  ...\n                         with curved                                                        31\/2009\n                         screen panels\n                         (provided for in\n                         subheading\n                         7011.20.10)......\n        9902.05.75      32V funnel for use  Free         No change        No change        On or before 12\/  ...\n                         with Pure Flat                                                     31\/2009\n                         (PF) panels\n                         (provided for in\n                         subheading\n                         7011.20.10)......\n        9902.05.76      Funnels for         Free         No change        No change        On or before 12\/  ...\n                         cathode-ray                                                        31\/2009\n                         television\n                         picture tubes\n                         with an outside\n                         diagonal\n                         measurement of\n                         94.12 cm and an\n                         aspect ratio of\n                         4:3. (provided\n                         for in subheading\n                         7011.20.10)......\n        9902.05.77      Funnels for         Free         No change        No change        On or before 12\/  ...\n                         cathode-ray                                                        31\/2009\n                         television\n                         picture tubes\n                         with an outside\n                         diagonal\n                         measurement of\n                         80.87 cm and an\n                         aspect ratio of\n                         16:9. (provided\n                         for in subheading\n                         7011.20.10)......\n        9902.05.78      Funnels for         Free         No change        No change        On or before 12\/  ...\n                         cathode-ray                                                        31\/2009\n                         television\n                         picture tubes\n                         with an outside\n                         diagonal\n                         measurement of\n                         91.50 cm and an\n                         aspect ratio of\n                         16:9. (provided\n                         for in subheading\n                         7011.20.10)......\n        9902.05.79      Pre-assembled       Free         No change        No change        On or before 12\/  ...\n                         glass envelopes                                                    31\/2009\n                         consisting of a\n                         panel with a\n                         viewable diagonal\n                         measurement of 21\n                         cm or less,\n                         funnel and neck\n                         for projection\n                         cathode-ray\n                         television\n                         picture tubes\n                         (provided for in\n                         subheading\n                         7011.20.80)......\n        9902.05.80      Aperture masks      Free         No change        No change        On or before 12\/  ...\n                         made from                                                          31\/2009\n                         aluminum-killed,\n                         open-coil\n                         annealed steel\n                         for color picture\n                         tubes (provided\n                         for in subheading\n                         8540.91.50)......\n        9902.05.81      Three-beam          Free         No change        No change        On or before 12\/  ...\n                         electron guns for                                                  31\/2009\n                         cathode ray tubes\n                         (provided for in\n                         subheading\n                         8540.91.50)......\n        9902.05.82      One-beam electron   Free         No change        No change        On or before 12\/  ...\n                         guns for                                                           31\/2009\n                         projection\n                         cathode-ray tubes\n                         (provided for in\n                         subheading\n                         8540.91.50)......\n        9902.05.83      Aperture masks      Free         No change        No change        On or before 12\/  ''.\n                         made from an                                                       31\/2009\n                         alloy of iron and\n                         nickel (FeNi 36)\n                         for color picture\n                         tubes. (provided\n                         for in subheading\n                         8540.91.50)......\n\n    (b) Effective Date.--The amendment made by subsection (a) applies \nto goods entered, or withdrawn from warehouse for consumption, on or \nafter the 15th day after the date of enactment of this Act.\n\nSEC. 2. REDUCTION OF DUTY ON CERTAIN ITEMS.\n\n    (a) In General.--Subchapter II of chapter 99 of the Harmonized \nTariff Schedule of the United States is amended by inserting in \nnumerical sequence the following new heading:\n\n\n``      9902.05.94      Front panels for    3.0%         No change        No change        On or before 12\/  ''.\n                         cathode-ray                                                        31\/2009\n                         television\n                         picture tubes\n                         with a viewable\n                         diagonal\n                         measurement of\n                         80.03 cm, an\n                         outer panel\n                         radius of greater\n                         than 500 cm, and\n                         an aspect ratio\n                         of 4:3 (provided\n                         for in subheading\n                         7011.20.80.30)...\n\n    (b) Effective Date.--The amendment made by subsection (a) applies \nto goods entered, or withdrawn from warehouse for consumption, on or \nafter the 15th day after the date of enactment of this Act.","title":""}
+{"_id":"c493","text":"SECTION 1. TAXATION OF UNITED STATES CRUISE INDUSTRY INCOME OF \n              NONRESIDENT ALIENS AND FOREIGN CORPORATIONS.\n\n    (a) United States Cruise Industry Income Treated as Effectively \nConnected to the Conduct of a Trade or Business Within the United \nStates.--\n            (1) Income from sources without the united states.--\n                    (A) In general.--Paragraph (4) of section 864(c) of \n                the Internal Revenue Code of 1986 is amended by \n                redesignating subparagraph (D) as subparagraph (E) and \n                by inserting after subparagraph (C) the following new \n                subparagraph:\n                    ``(D) United states cruise industry income.--\n                            ``(i) In general.--United States cruise \n                        industry income shall be treated as effectively \n                        connected with the conduct of a trade or \n                        business within the United States.\n                            ``(ii) United states cruise industry \n                        income.--For purposes of this subparagraph, the \n                        term `United States cruise industry income' \n                        means income attributable to any covered \n                        passenger cruise (as defined in paragraph (8)), \n                        including income directly or indirectly \n                        attributable to the carriage of passengers and \n                        any on-board or off-board activities incidental \n                        to such covered passenger cruise.''.\n                    (B) Covered passenger cruise.--Subsection (c) of \n                section 864 of such Code is amended by adding at the \n                end the following new paragraph:\n            ``(8) Covered passenger cruise.--For purposes of paragraph \n        (4)(C)--\n                    ``(A) Definition.--\n                            ``(i) In general.--The term `covered \n                        passenger cruise' means a voyage of a \n                        commercial passenger cruise vessel--\n                                    ``(I) that extends over 1 or more \n                                nights, and\n                                    ``(II) during which passengers \n                                embark or disembark the vessel in the \n                                United States.\n                            ``(ii) Exceptions for certain voyages.--\n                        Such term shall not include any voyage--\n                                    ``(I) on any vessel owned or \n                                operated by the United States, a State, \n                                or any subdivision thereof,\n                                    ``(II) which occurs exclusively on \n                                the inland waterways of the United \n                                States, or\n                                    ``(III) in which a vessel in the \n                                usual course of employment proceeds, \n                                without an intervening foreign port of \n                                call from one port or place in the \n                                United States to the same port or place \n                                or to another port or place in the \n                                United States.\n                    ``(B) Passenger cruise vessel.--For purposes of \n                subparagraph (A)--\n                            ``(i) In general.--The term `passenger \n                        cruise vessel' means any passenger vessel \n                        having berth or stateroom accommodations for at \n                        least 250 passengers.\n                            ``(ii) Exceptions.--Such term shall not \n                        include any ferry, recreational vessel, sailing \n                        school vessel, small passenger vessel, offshore \n                        supply vessel, or any other vessel determined \n                        under regulations by the Secretary to be \n                        excluded from the application of this part.\n                            ``(iii) Definitions.--Any term used in this \n                        section which is used in chapter 21 of title \n                        46, United States Code, shall have the meaning \n                        given such term under section 2101 of such \n                        title.''.\n                    (C) Conforming amendment.--Subparagraph (A) of \n                section 864(c)(4) of such Code is amended by striking \n                ``subparagraphs (B) and (C)'' and inserting \n                ``subparagraphs (B), (C), and (D)''.\n            (2) Income from sources within the united states.--\n        Paragraph (4) of section 887(b) of such Code is amended by \n        adding at the end the following flush sentence:\n``The preceding sentence shall not apply to with respect to any United \nStates source gross transportation income which is United States cruise \nindustry income (as defined in section 864(c)(4)(C)(ii)).''.\n    (b) Repeal of Exemption From Gross Income for Certain Taxpayers.--\n            (1) Nonresident aliens.--Paragraph (1) of section 872(b) of \n        the Internal Revenue Code of 1986 is amended by inserting \n        ``(other than United States cruise industry income (as defined \n        in section 864(c)(4)(C)))'' after ``or ships''.\n            (2) Foreign corporations.--Paragraph (1) of section 883(a) \n        of such Code is amended by inserting ``(other than United \n        States cruise industry income (as defined in section \n        864(c)(4)(C)))'' after ``or ships''.\n    (c) Income Tax Treaties.--Section 894 of the Internal Revenue Code \nof 1986 is amended by adding at the end the following new subsection:\n    ``(d) Special Rule for United States Cruise Industry Income.--\nNotwithstanding subsection (a), no tax exemption or reduced tax rate \nshall be permitted under any treaty of the United States with respect \nto United States cruise industry income (as defined in section \n864(c)(4)(C)).''.\n    (d) Effective Date.--The amendments made by this section shall \napply to income attributable to voyages made after the date of the \nenactment of this Act.","title":""}
+{"_id":"c494","text":"SECTION 1. THREE-YEAR MODIFICATION OF PROCEDURES RELATING TO ASSISTANCE \n              FOR COUNTRIES NOT COOPERATING WITH UNITED STATES \n              COUNTERDRUG EFFORTS.\n\n    (a) In General.--Chapter 8 of part I of the Foreign Assistance Act \nof 1961 (22 U.S.C. 2291 et seq.) is amended by adding at the end the \nfollowing new section:\n\n``SEC. 490A. LIMITATIONS DURING FISCAL YEARS 2002, 2003, AND 2004 ON \n              ASSISTANCE FOR COUNTRIES NOT COOPERATING WITH UNITED \n              STATES COUNTERDRUG EFFORTS.\n\n    ``(a) Annual Identification of Countries Not Cooperating.--Not \nlater than November 1 of 2001, 2002, and 2003, the President shall \nsubmit to the appropriate committees of Congress a report identifying \neach country, if any, that the President proposes to be subject to the \nprovisions of subsection (f) in the fiscal year in which the country is \nso identified by reason that such country--\n            ``(1) is not cooperating fully with the United States in \n        achieving full compliance with the goals and objectives of the \n        United Nations Convention Against Illicit Traffic in Narcotic \n        Drugs and Psychotropic Substances;\n            ``(2) is not taking adequate steps on its own to achieve \n        full compliance with the goals and objectives of the \n        Convention; or\n            ``(3) is not taking adequate steps to achieve full \n        compliance with the goals and objectives of a bilateral \n        agreement with the United States on illicit drug control.\n    ``(b) Countries Subject to Withholding of Bilateral Assistance and \nOpposition to Multilateral Assistance.--\n            ``(1) Identification.--Not later than March 1 of 2002, \n        2003, and 2004, the President shall submit to the appropriate \n        committees of Congress a report identifying each country, if \n        any, that shall be subject to the provisions of subsection (f) \n        during the fiscal year in which the country is so identified \n        under this subsection by reason of its identification in the \n        most recent report under subsection (a).\n            ``(2) Limitation on countries identified.--A country may be \n        identified in a report under paragraph (1) only if the country \n        is also identified in the most recent report under subsection \n        (a).\n    ``(c) Considerations Regarding Cooperation.--In determining whether \nor not a country is to be identified in a report under subsection (a) \nor (b), the President shall consider the extent to which the country--\n            ``(1) has met the goals and objectives of the United \n        Nations Convention Against Illicit Traffic in Narcotic Drugs \n        and Psychotropic Substances, including action on such matters \n        as illicit cultivation, production, distribution, sale, \n        transport, financing, money laundering, asset seizure, \n        extradition, mutual legal assistance, law enforcement and \n        transit cooperation, precursor chemical control, and demand \n        reduction;\n            ``(2) has accomplished the goals described in the \n        applicable bilateral narcotics control agreement with the \n        United States or a multilateral agreement;\n            ``(3) has taken legal and law enforcement measures to \n        prevent and punish public corruption, especially by senior \n        government officials, that facilitates the production, \n        processing, or shipment of narcotic and psychotropic drugs and \n        other controlled substances, or that discourages the \n        investigation or prosecution of such acts; and\n            ``(4) in the case of a country that is a producer of licit \n        opium--\n                    ``(A) maintains licit production and stockpiles of \n                opium at levels no higher than those consistent with \n                licit market demand; and\n                    ``(B) has taken adequate steps to prevent \n                significant diversion of its licit cultivation and \n                production of opium into illicit markets and to prevent \n                illicit cultivation and production of opium.\n    ``(d) Omission for National Security Reasons.--\n            ``(1) In general.--The President may omit from \n        identification in a report under subsection (b) a country \n        identified in the most recent report under subsection (a) if \n        the President determines that the vital national security \n        interests of the United States require that the country be so \n        omitted.\n            ``(2) Notice to congress.--If the President omits a country \n        under paragraph (1) from a report under subsection (b), the \n        President shall include in the report under that subsection--\n                    ``(A) a full and complete description of the vital \n                national security interests of the United States placed \n                at risk if the country is not so omitted; and\n                    ``(B) a statement weighing the risk described in \n                subparagraph (A) against the risk posed to the vital \n                national security interests of the United States by \n                reason of the failure of the country to cooperate fully \n                with the United States in combatting narcotics or to \n                take adequate steps to combat narcotics on its own.\n    ``(e) Congressional Action.--\n            ``(1) In general.--The provisions of subsection (f) shall \n        apply to a country in a fiscal year if Congress enacts a joint \n        resolution, not later than March 30 of the fiscal year, \n        providing that such provisions shall apply to the country in \n        the fiscal year.\n            ``(2) Covered countries.--A joint resolution referred to in \n        paragraph (1) may apply to a country for a fiscal year only if \n        the country was not identified in the report in the fiscal year \n        under subsection (b).\n            ``(3) Senate procedures.--Any joint resolution under this \n        subsection shall be considered in the Senate in accordance with \n        the provisions of section 601(b) of the International Security \n        Assistance and Arms Export Control Act of 1976 (Public Law 94-\n        329; 90 Stat. 765), except that for purposes of that section \n        the certification referred to in section 601(a)(2)(B) of that \n        Act shall be the applicable report of the President under \n        subsection (b) of this section.\n    ``(f) Withholding of Bilateral Assistance and Opposition to \nMultilateral Assistance.--\n            ``(1) Bilateral assistance.--Commencing on March 1 of a \n        fiscal year in which a country is identified in a report under \n        subsection (b), or March 31 in the case of a country covered by \n        a joint resolution enacted in accordance with subsection (e), \n        fifty percent of the United States assistance allocated to the \n        country for the fiscal year in the report required by section \n        653 shall be withheld from obligation and expenditure.\n            ``(2) Multilateral assistance.--Commencing on March 1 of a \n        year in which a country is identified in a report under \n        subsection (b), or March 31 in the case of a country covered by \n        a joint resolution enacted in accordance with subsection (e), \n        the Secretary of the Treasury shall instruct the United States \n        Executive Director of each multilateral development bank to \n        vote, on and after that date, against any loan or other \n        utilization of the funds of such institution for the country.\n            ``(3) Multilateral development bank defined.--In this \n        subsection, the term `multilateral development bank' means the \n        following:\n                    ``(A) The International Bank for Reconstruction and \n                Development.\n                    ``(B) The International Development Association.\n                    ``(C) The Inter-American Development Bank.\n                    ``(D) The Asian Development Bank.\n                    ``(E) The African Development Bank.\n                    ``(F) The European Bank for Reconstruction and \n                Development.\n    ``(g) Appropriate Committees of Congress Defined.--In this section, \nthe term `appropriate committees of Congress' means the following:\n            ``(1) The Committees on Foreign Relations and \n        Appropriations of the Senate.\n            ``(2) The Committees on International Relations and \n        Appropriations of the House of Representatives.''.\n    (b) Relationship to Current Certification Process.--Section 490 of \nthe Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended by \nadding at the end the following new subsection:\n    ``(i) Limitation on Applicability.--This section shall not apply \nduring fiscal years 2002, 2003, and 2004. For limitations on assistance \nduring those fiscal years for countries not cooperating with United \nStates counterdrug efforts see section 490A.''.\n    (c) Conforming Amendment.--Section 489(a)(3)(A) of the Foreign \nAssistance Act of 1961 (22 U.S.C. 2291h(a)(3)(A)) is amended by \ninserting after ``under section 490(h)'' the following ``or, in 2002, \n2003, and 2004, as otherwise determined by the President for purposes \nof this section''.\n\nSEC. 2. INCLUSION OF MAJOR DRUG TRAFFICKING ORGANIZATIONS IN \n              INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.\n\n    Section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. \n2291h), as amended by this Act, is further amended--\n            (1) in subsection (a), by adding after the flush matter at \n        the end of paragraph (7) the following new paragraph (8):\n            ``(8) The identity of each organization determined by the \n        President to be a major drug trafficking organization, \n        including a description of the activities of such organization \n        during the 2 fiscal years preceding the fiscal year of the \n        report.''; and\n            (2) by adding at the end the following new subsection:\n    ``(c) Definitions.--In this section:\n            ``(1) Major drug trafficking organization.--The term `major \n        drug trafficking organization' means any organization engaged \n        in substantial amounts of illicit activity to cultivate, \n        produce, manufacture, distribute, sell, finance, or transport \n        narcotic drugs, controlled substances, or listed chemicals, \n        engages in money laundering or proceeds from such activities, \n        or otherwise endeavor or attempt to do so, or to assist, abet, \n        conspire, or collude with others to do so.\n            ``(2) Narcotic drug; controlled substance; listed \n        chemical.--The terms `narcotic drug', `controlled substance', \n        and `listed chemical' have the meanings given those terms in \n        section 102 of the Controlled Substances Act (21 U.S.C. \n        802).''.","title":""}
+{"_id":"c495","text":"SECTION 1. TIMELY PAYMENT OF SOCIAL SECURITY BENEFITS IF STATUTORY DEBT \n              LIMIT IS REACHED.\n\n    (a) In General.--Section 1145 of the Social Security Act (42 U.S.C. \n1320b-15) is amended--\n            (1) by redesignating subsections (b) and (c) as subsections \n        (c) and (d), respectively; and\n            (2) by inserting after subsection (a) the following new \n        subsection:\n    ``(b) Timely Payment of Benefits if Statutory Debt Limit Is \nReached.--\n            ``(1) Disinvestment of fund to make current benefit \n        payments.--For the purpose of making payment of cash benefits \n        or administrative expenses during any debt limit default \n        period, public debt obligations held by the applicable Federal \n        fund shall be sold or redeemed in an amount not to exceed the \n        sum of--\n                    ``(A) the face amount of obligations held by such \n                fund which mature during such month; plus\n                    ``(B) the amount necessary only for the purpose of \n                making payment of such benefits or administrative \n                expenses and only to the extent cash assets of the \n                applicable Federal fund are not available during such \n                period for making payment of such benefits or \n                administrative expenses.\n            ``(2) Issuance of corresponding debt.--For purposes of \n        undertaking the sale or redemption of public debt obligations \n        held by the applicable Federal fund pursuant to paragraph (1), \n        the Secretary of the Treasury shall issue corresponding public \n        debt obligations to the public in order to obtain the amounts \n        necessary for payment of benefits or administrative expenses \n        from the applicable Federal fund, notwithstanding the public \n        debt limit.\n            ``(3) Definitions.--For purposes of this subsection--\n                    ``(A) Debt limit default period.--The term `debt \n                limit default period' means a period for which cash \n                benefits or administrative expenses would not otherwise \n                be payable from the applicable Federal fund by reason \n                of an inability to issue further public debt \n                obligations because of the public debt limit.\n                    ``(B) Applicable federal fund.--The term \n                `applicable Federal fund' means a Federal fund \n                specified in paragraph (1) or (2) of subsection (d).''.\n    (b) Conforming Amendments.--\n            (1) Section 1145 of the Social Security Act, as amended by \n        subsection (a), is amended--\n                    (A) by redesignating subsection (d) as subsection \n                (e), and\n                    (B) by inserting after subsection (c) the following \n                new subsection:\n    ``(d) Public Debt Limit.--For purposes of this section, the term \n`public debt limit' means the limitation established under section 3101 \nof title 31, United States Code, as increased under section 3101A of \nsuch title.''.\n            (2) Section 1145(c) of the Social Security Act, as amended \n        by subsection (a), is amended by striking ``established under \n        section 3101 of title 31, United States Code''.\n\nSEC. 2. PRIORITIZATION OF PAYMENTS IN EVENT THAT STATUTORY DEBT LIMIT \n              IS REACHED.\n\n    Section 3101 of title 31, United States Code, is amended by adding \nat the end the following new subsection:\n    ``(d) In the event that the Secretary of the Treasury is not able \nto issue obligations to make all payments authorized by law due to the \nlimitation under subsection (b) (as increased under section 3101A), the \nSecretary shall give equal priority to the following: payments of \nprincipal and interest on public debt; payments of amounts that the \nSecretary of Defense (and the Secretary of Homeland Security in the \ncase of the Coast Guard) determines to be necessary to continue pay and \nallowances (without interruption) to the Army, Navy, Air Force, Marine \nCorps, and Coast Guard, including reserve components thereof, who \nperform active service; payments determined by the President (and \nreported to the Congress) to be necessary to continue United States \npriorities of its vital national security interests; and payments for \nitems and services under title XVIII of the Social Security Act \n(relating to Medicare).''.\n\nSEC. 3. CONTINUANCE OF MILITARY PAY AND ALLOWANCES DURING PERIODS OF \n              LAPSED APPROPRIATIONS.\n\n    (a) Continuance of Pay.--Chapter 19 of title 37, United States \nCode, is amended by adding at the end the following new section:\n\n``SEC. 1015. CONTINUANCE OF PAY AND ALLOWANCES DURING PERIODS OF LAPSED \n              APPROPRIATIONS.\n\n    ``(a) Definitions.--In this section:\n            ``(1) The term `military personnel accounts' means the \n        military personnel, reserve personnel, and National Guard \n        personnel accounts of the Department of Defense, generally \n        title I of an annual Department of Defense appropriations Act, \n        and the corresponding accounts for the Department of Homeland \n        Security used to provide pay and allowances for members of the \n        Coast Guard.\n            ``(2) The term `pay and allowances' means basic pay, \n        bonuses and special pay, allowances and any other forms of \n        compensation available for members of the armed forces under \n        this title or otherwise paid from the military personnel \n        accounts.\n            ``(3) The term `period of lapsed appropriations', when used \n        with respect to members of the armed forces, means any period \n        during which appropriations are not available due to the \n        absence of the timely enactment of any Act or joint resolution \n        (including any Act or joint resolution making continuing \n        appropriations) appropriating funds for the payment of the pay \n        and allowances of members of the armed forces.\n    ``(b) Appropriation of Funds To Continue Payment of Pay and \nAllowances.--For any period of lapsed appropriations, there are \nappropriated, out of any moneys in the Treasury not otherwise \nappropriated, to the Secretary of Defense (and the Secretary of \nHomeland Security in the case of the Coast Guard) to allow the \nSecretary of Defense (and the Secretary of Homeland Security in the \ncase of the Coast Guard) to continue to provide pay and allowances \n(without interruption) to members of the United States armed forces.\n    ``(c) Limitation on Amounts Paid.--This section only authorizes the \nexpenditure of funds during a period of lapsed appropriations for the \npay and allowances of a member of the armed forces at a rate that is \nequal to the rate in effect for that member immediately before the \nstart of the period of lapsed appropriations. The rate for a member may \nneither exceed the rate in effect immediately before the start of the \nperiod of lapsed appropriations nor be less than that rate, unless \nreduced by disciplinary action under the Uniform Code of Military \nJustice.\n    ``(d) Relation to Other Pay Authorities.--This section shall not be \nconstrued to affect the entitlement of a member of the armed forces to \nan amount of pay and allowances that exceeds the amount of pay and \nallowances authorized to be paid under this section and to which the \nmember becomes entitled under other applicable provisions of law.\n    ``(e) Effect of End of Period of Lapsed Appropriations.--\nExpenditures made for any fiscal year pursuant to this section shall be \ncharged to the applicable appropriation, fund, or authorization \nwhenever the regular appropriation bill (or other bill or joint \nresolution making continuing appropriations through the end of the \nfiscal year) becomes law.''.\n    (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``1015. Continuance of pay and allowances during periods of lapsed \n                            appropriations.''.","title":""}
+{"_id":"c496","text":"SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL SECURITY \nCARD PROGRAM IMPROVEMENTS AND ASSESSMENT.\n    (a) Credential Improvements.--\n        (1) In general.--Not later than 60 days after the date of \n    enactment of this Act, the Administrator of the Transportation \n    Security Administration shall commence actions, consistent with \n    section 70105 of title 46, United States Code, to improve the \n    Transportation Security Administration's process for vetting \n    individuals with access to secure areas of vessels and maritime \n    facilities.\n        (2) Required actions.--The actions described under paragraph \n    (1) shall include--\n            (A) conducting a comprehensive risk analysis of security \n        threat assessment procedures, including--\n                (i) identifying those procedures that need additional \n            internal controls; and\n                (ii) identifying best practices for quality assurance \n            at every stage of the security threat assessment;\n            (B) implementing the additional internal controls and best \n        practices identified under subparagraph (A);\n            (C) improving fraud detection techniques, such as--\n                (i) by establishing benchmarks and a process for \n            electronic document validation;\n                (ii) by requiring annual training for Trusted Agents; \n            and\n                (iii) by reviewing any security threat assessment-\n            related information provided by Trusted Agents and \n            incorporating any new threat information into updated \n            guidance under subparagraph (D);\n            (D) updating the guidance provided to Trusted Agents \n        regarding the vetting process and related regulations;\n            (E) finalizing a manual for Trusted Agents and adjudicators \n        on the vetting process; and\n            (F) establishing quality controls to ensure consistent \n        procedures to review adjudication decisions and terrorism \n        vetting decisions.\n        (3) Report.--Not later than 2 years after the date of enactment \n    of this Act, the Inspector General of the Department of Homeland \n    Security shall submit a report to Congress that evaluates the \n    implementation of the actions described in paragraph (1).\n    (b) Comprehensive Security Assessment of the Transportation \nSecurity Card Program.--\n        (1) In general.--Not later than 60 days after the date of \n    enactment of this Act, the Secretary of Homeland Security shall \n    commission an assessment of the effectiveness of the transportation \n    security card program (referred to in this section as ``Program'') \n    required under section 70105 of title 46, United States Code, at \n    enhancing security and reducing security risks for facilities and \n    vessels regulated under chapter 701 of that title.\n        (2) Location.--The assessment commissioned under paragraph (1) \n    shall be conducted by a research organization with significant \n    experience in port or maritime security, such as--\n            (A) a national laboratory;\n            (B) a university-based center within the Science and \n        Technology Directorate's centers of excellence network; or\n            (C) a qualified federally-funded research and development \n        center.\n        (3) Contents.--The assessment commissioned under paragraph (1) \n    shall--\n            (A) review the credentialing process by determining--\n                (i) the appropriateness of vetting standards;\n                (ii) whether the fee structure adequately reflects the \n            current costs of vetting;\n                (iii) whether there is unnecessary redundancy or \n            duplication with other Federal- or State-issued \n            transportation security credentials; and\n                (iv) the appropriateness of having varied Federal and \n            State threat assessments and access controls;\n            (B) review the process for renewing applications for \n        Transportation Worker Identification Credentials, including the \n        number of days it takes to review application, appeal, and \n        waiver requests for additional information; and\n            (C) review the security value of the Program by--\n                (i) evaluating the extent to which the Program, as \n            implemented, addresses known or likely security risks in \n            the maritime and port environments;\n                (ii) evaluating the potential for a non-biometric \n            credential alternative;\n                (iii) identifying the technology, business process, and \n            operational impacts of the use of the transportation \n            security card and transportation security card readers in \n            the maritime and port environments;\n                (iv) assessing the costs and benefits of the Program, \n            as implemented; and\n                (v) evaluating the extent to which the Secretary of \n            Homeland Security has addressed the deficiencies in the \n            Program identified by the Government Accountability Office \n            and the Inspector General of the Department of Homeland \n            Security before the date of enactment of this Act.\n        (4) Deadlines.--The assessment commissioned under paragraph (1) \n    shall be completed not later than 1 year after the date on which \n    the assessment is commissioned.\n        (5) Submission to congress.--Not later than 60 days after the \n    date that the assessment is completed, the Secretary of Homeland \n    Security shall submit to the Committee on Commerce, Science, and \n    Transportation and the Committee on Homeland Security and \n    Governmental Affairs of the Senate and the Committee on Homeland \n    Security and the Committee on Transportation and Infrastructure of \n    the House of Representatives the results of the assessment \n    commissioned under this subsection.\n    (c) Corrective Action Plan; Program Reforms.--If the assessment \ncommissioned under subsection (b) identifies a deficiency in the \neffectiveness of the Program, the Secretary of Homeland Security, not \nlater than 60 days after the date on which the assessment is completed, \nshall submit a corrective action plan to the Committee on Commerce, \nScience, and Transportation and the Committee on Homeland Security and \nGovernmental Affairs of the Senate, the Committee on Homeland Security \nand the Committee on Transportation and Infrastructure of the House of \nRepresentatives that--\n        (1) responds to findings of the assessment;\n        (2) includes an implementation plan with benchmarks;\n        (3) may include programmatic reforms, revisions to regulations, \n    or proposals for legislation; and\n        (4) shall be considered in any rulemaking by the Department of \n    Homeland Security relating to the Program.\n    (d) Inspector General Review.--If a corrective action plan is \nsubmitted under subsection (c), the Inspector General of the Department \nof Homeland Security shall--\n        (1) not later than 120 days after the date of such submission, \n    review the extent to which such plan implements the requirements \n    under subsection (c); and\n        (2) not later than 18 months after the date of such submission, \n    and annually thereafter for 3 years, submit a report to the \n    congressional committees set forth in subsection (c) that describes \n    the progress of the implementation of such plan.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c497","text":"TITLE I--WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION\n\nSEC. 101. SHORT TITLE.\n\n    This title may be cited as the ``Federally Recognized Indian Tribe \nList Act of 1994''.\n\nSEC. 102. DEFINITIONS.\n\n    For the purposes of this title:\n        (1) The term ``Secretary'' means the Secretary of the Interior.\n        (2) The term ``Indian tribe'' means any Indian or Alaska Native \n    tribe, band, nation, pueblo, village or community that the \n    Secretary of the Interior acknowledges to exist as an Indian tribe.\n        (3) The term ``list'' means the list of recognized tribes \n    published by the Secretary pursuant to section 104 of this title.\n\nSEC. 103. FINDINGS.\n\n    The Congress finds that--\n        (1) the Constitution, as interpreted by Federal case law, \n    invests Congress with plenary authority over Indian Affairs;\n        (2) ancillary to that authority, the United States has a trust \n    responsibility to recognized Indian tribes, maintains a government-\n    to-government relationship with those tribes, and recognizes the \n    sovereignty of those tribes;\n        (3) Indian tribes presently may be recognized by Act of \n    Congress; by the administrative procedures set forth in part 83 of \n    the Code of Federal Regulations denominated ``Procedures for \n    Establishing that an American Indian Group Exists as an Indian \n    Tribe;'' or by a decision of a United States court;\n        (4) a tribe which has been recognized in one of these manners \n    may not be terminated except by an Act of Congress;\n        (5) Congress has expressly repudiated the policy of terminating \n    recognized Indian tribes, and has actively sought to restore \n    recognition to tribes that previously have been terminated;\n        (6) the Secretary of the Interior is charged with the \n    responsibility of keeping a list of all federally recognized \n    tribes;\n        (7) the list published by the Secretary should be accurate, \n    regularly updated, and regularly published, since it is used by the \n    various departments and agencies of the United States to determine \n    the eligibility of certain groups to receive services from the \n    United States; and\n        (8) the list of federally recognized tribes which the Secretary \n    publishes should reflect all of the federally recognized Indian \n    tribes in the United States which are eligible for the special \n    programs and services provided by the United States to Indians \n    because of their status as Indians.\n\nSEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES.\n\n    (a) Publication of the List.--The Secretary shall publish in the \nFederal Register a list of all Indian tribes which the Secretary \nrecognizes to be eligible for the special programs and services \nprovided by the United States to Indians because of their status as \nIndians.\n    (b) Frequency of Publication.--The list shall be published within \n60 days of enactment of this Act, and annually on or before every \nJanuary 30 thereafter.\n\n   TITLE II--CENTRAL COUNCIL OF TLIN- GIT AND HAIDA INDIAN TRIBES OF \n                                 ALASKA\n\nSEC. 201. SHORT TITLE.\n\n    This title may be cited as the ``Tlingit and Haida Status \nClarification Act''.\n\nSEC. 202. FINDINGS.\n\n    The Congress finds and declares that--\n        (1) the United States has acknowledged the Central Council of \n    Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of \n    June 19, 1935 (49 Stat. 388, as amended, commonly referred to as \n    the ``Jurisdiction Act''), as a federally recognized Indian tribe;\n        (2) on October 21, 1993, the Secretary of the Interior \n    published a list of federally recognized Indian tribes pursuant to \n    part 83 of title 25 of the Code of Federal Regulations which \n    omitted the Central Council of Tlingit and Haida Indian Tribes of \n    Alaska;\n        (3) the Secretary does not have the authority to terminate the \n    federally recognized status of an Indian tribe as determined by \n    Congress;\n        (4) the Secretary may not administratively diminish the \n    privileges and immunities of federally recognized Indian tribes \n    without the consent of Congress; and\n        (5) the Central Council of Tlingit and Haida Indian Tribes of \n    Alaska continues to be a federally recognized Indian tribe.\n\nSEC. 203. REAFFIRMATION OF TRIBAL STATUS.\n\n    The Congress reaffirms and acknowledges that the Central Council of \nTlingit and Haida Indian Tribes of Alaska is a federally recognized \nIndian tribe.\n\nSEC. 204. DISCLAIMER.\n\n    (a) In General.--Nothing in this title shall be interpreted to \ndiminish or interfere with the government-to-government relationship \nbetween the United States and other federally recognized Alaska Native \ntribes, nor to vest any power, authority, or jurisdiction in the \nCentral Council of Tlingit and Haida Indian Tribes of Alaska over other \nfederally recognized Alaska Native tribes.\n    (b) Constitution of Central Council of the Tlingit and Haida Indian \nTribes of Alaska.--Nothing in this title shall be construed as \ncodifying the Constitution of the Central Council of the Tlingit and \nHaida Indian Tribes of Alaska into Federal law.\n\nSEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES.\n\n    Other federally recognized tribes in Southeast Alaska shall have \nprecedence over the Central Council of Tlingit and Haida Indian Tribes \nof Alaska in the award of a Federal compact, contract or grant to the \nextent that their service population overlaps with that of the Central \nCouncil of Tlingit and Haida Indian tribes of Alaska. In no event shall \ndually enrolled members result in duplication of Federal service \nfunding.\n\n       TITLE III--PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA\n\nSEC. 301. SHORT TITLE.\n\n    This title may be cited as the ``Paskenta Band Restoration Act''.\n\nSEC. 302. DEFINITIONS.\n\n    For purposes of this title:\n        (1) The term ``Tribe'' means the Paskenta Band of Nomlaki \n    Indians of the Paskenta Rancheria of California.\n        (2) The term ``Secretary'' means the Secretary of the Interior.\n        (3) The term ``Interim Council'' means the governing body of \n    the Tribe specified in section 307.\n        (4) The term ``member'' means an individual who meets the \n    membership criteria under section 306(b).\n        (5) The term ``State'' means the State of California.\n        (6) The term ``reservation'' means those lands acquired and \n    held in trust by the Secretary for the benefit of the Tribe \n    pursuant to section 305.\n        (7) The term ``service area'' means the counties of Tehama and \n    Glenn, in the State of California.\n    SEC. 303. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND \n      PRIVILEGES.\n    (a) Federal Recognition.--Federal recognition is hereby extended to \nthe Tribe. Except as otherwise provided in this title, all laws and \nregulations of general application to Indians and nations, tribes, or \nbands of Indians that are not inconsistent with any specific provision \nof this title shall be applicable to the Tribe and its members.\n    (b) Restoration of Rights and Privileges.--Except as provided in \nsubsection (d), all rights and privileges of the Tribe and its members \nunder any Federal treaty, Executive order, agreement, or statute, or \nunder any other authority which were diminished or lost under the Act \nof August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby \nrestored and the provisions of such Act shall be inapplicable to the \nTribe and its members after the date of enactment of this Act.\n    (c) Federal Services and Benefits.--Without regard to the existence \nof a reservation, the Tribe and its members shall be eligible, on and \nafter the date of enactment of this Act, for all Federal services and \nbenefits furnished to federally recognized Indian tribes or their \nmembers. In the case of Federal services available to members of \nfederally recognized Indian tribes residing on a reservation, members \nof the Tribe residing in the Tribe's service area shall be deemed to be \nresiding on a reservation.\n    (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this \ntitle shall expand, reduce, or affect in any manner any hunting, \nfishing, trapping, gathering, or water right of the Tribe and its \nmembers.\n    (e) Indian Reorganization Act Applicability.--The Act of June 18, \n1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its \nmembers.\n    (f) Certain Rights Not Altered.--Except as specifically provided in \nthis title, nothing in this title shall alter any property right or \nobligation, any contractual right or obligation, or any obligation for \ntaxes levied.\n\nSEC. 304. ECONOMIC DEVELOPMENT.\n\n    (a) Plan for Economic Development.--The Secretary shall--\n        (1) enter into negotiations with the governing body of the \n    Tribe with respect to establishing a plan for economic development \n    for the Tribe;\n        (2) in accordance with this section and not later than two \n    years after the adoption of a tribal constitution as provided in \n    section 308, develop such a plan; and\n        (3) upon the approval of such plan by the governing body of the \n    Tribe, submit such plan to the Congress.\n    (b) Restrictions.--Any proposed transfer of real property contained \nin the plan developed by the Secretary under subsection (a) shall be \nconsistent with the requirements of section 305.\n\nSEC. 305. TRANSFER OF LAND TO BE HELD IN TRUST.\n\n    (a) Lands To Be Taken in Trust.--The Secretary shall accept any \nreal property located in Tehama County, California, for the benefit of \nthe Tribe if conveyed or otherwise transferred to the Secretary if, at \nthe time of such conveyance or transfer, there are no adverse legal \nclaims to such property, including outstanding liens, mortgages, or \ntaxes owned. The Secretary may accept any additional acreage in the \nTribe's service area pursuant to the authority of the Secretary under \nthe Act of June 18, 1934 (25 U.S.C. 461 et seq.).\n    (b) Lands To Be Part of the Reservation.--Subject to the conditions \nimposed by this section, any real property conveyed or transferred \nunder this section shall be taken in the name of the United States in \ntrust for the Tribe and shall be part of the Tribe's reservation.\n\nSEC. 306. MEMBERSHIP ROLLS.\n\n    (a) Compilation of Tribal Membership Roll.--Within one year after \nthe date of the enactment of this Act, the Secretary shall, after \nconsultation with the Tribe, compile a membership roll of the Tribe.\n    (b) Criteria for Membership.--(1) Until a tribal constitution is \nadopted pursuant to section 308, an individual shall be placed on the \nmembership roll if such individual is living, is not an enrolled member \nof another federally recognized Indian tribe, is of Nomlaki Indian \nancestry, and if--\n        (A) such individual's name was listed on the Paskenta Indian \n    Rancheria distribution roll compiled on February 26, 1959, by the \n    Bureau of Indian Affairs and approved by the Secretary of the \n    Interior on July 7, 1959, pursuant to Public Law 85-671;\n        (B) such individual was not listed on the Paskenta Indian \n    Rancheria distribution list, but met the requirements that had to \n    be met to be listed on the Paskenta Indian Rancheria list;\n        (C) such individual is identified as an Indian from Paskenta in \n    any of the official or unofficial rolls of Indians prepared by the \n    Bureau of Indian Affairs; or\n        (D) such individual is a lineal descendant of an individual, \n    living or dead, identified in subparagraph (A), (B), or (C).\n    (2) After adoption of a tribal constitution pursuant to section \n308, such tribal constitution shall govern membership in the Tribe.\n    (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose \nof subsection (b), the Secretary shall accept any available evidence \nestablishing Paskenta Indian ancestry. The Secretary shall accept as \nconclusive evidence of Paskenta Indian ancestry, information contained \nin the census of the Indians in and near Paskenta, prepared by Special \nIndian Agent John J. Terrell, in any other roll or census of Paskenta \nIndians prepared by the Bureau of Indian Affairs, and in the Paskenta \nIndian Rancheria distribution list, compiled by the Bureau of Indian \nAffairs on February 26, 1959.\n\nSEC. 307. INTERIM GOVERNMENT.\n\n    Until a new tribal constitution and bylaws are adopted and become \neffective under section 308, the Tribe's governing body shall be an \nInterim Council. The initial membership of the Interim Council shall \nconsist of the members of the Tribal Council of the Tribe on the date \nof the enactment of this Act, and the Interim Council shall continue to \noperate in the manner prescribed for the Tribal Council under the \ntribal constitution adopted December 18, 1993. Any new members filling \nvacancies on the Interim Council shall meet the membership criteria set \nforth in section 306(b) and be elected in the same manner as are Tribal \nCouncil members under the tribal constitution adopted December 18, \n1993.\n\nSEC. 308. TRIBAL CONSTITUTION.\n\n    (a) Election; Time and Procedure.--Upon the completion of the \ntribal membership roll under section 306(a) and upon the written \nrequest of the Interim Council, the Secretary shall conduct, by secret \nballot, an election for the purpose of adopting a constitution and \nbylaws for the Tribe. The election shall be held according to section \n16 of the Act of June 18, 1934 (25 U.S.C. 476), except that absentee \nballoting shall be permitted regardless of voter residence.\n    (b) Election of Tribal Officials; Procedures.--Not later than 120 \ndays after the Tribe adopts a constitution and bylaws under subsection \n(a), the Secretary shall conduct an election by secret ballot for the \npurpose of electing tribal officials as provided in such tribal \nconstitution. Such election shall be conducted according to the \nprocedures specified in subsection (a) except to the extent that such \nprocedures conflict with the tribal constitution.\n\nSEC. 309. GENERAL PROVISION.\n\n    The Secretary may promulgate such regulations as may be necessary \nto carry out the provisions of this title.\n\n\n\n\n\n\n\n                               Speaker of the House of Representatives.\n\n\n\n\n\n\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c498","text":"To amend the Federal Food, Drug, and Cosmetic Act to ensure that human \ntissue intended for transplantation is safe and effective and for other \n                               purposes.\n\n    Be it enacted by the Senate and House of Representatives of the \nUnited States of America in Congress assembled\n\nSECTION 1. SHORT TITLE.\n\n    (a) Short Title.--This Act may be cited as the ``Human Tissue for \nTransplantation Act of 1993''.\n    (b) Reference.--Whenever in this Act an amendment or repeal is \nexpressed in terms of an amendment to, or repeal of, a section or other \nprovision, the reference shall be considered to be made to a section or \nother provision of the Federal Food, Drug, and Cosmetic Act.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds that reasonable assurance of the safety and \neffectiveness of human tissue for transplantation through regulatory \noversight is necessary to protect the public health against the \ntransmission of infectious disease or the conduct of medical therapy \nwith human tissue unfit for use.\n\nSEC. 3. DEFINITIONS.\n\n    Section 201 (21 U.S.C. 321) is amended--\n            (1) in the first sentence of paragraph (g)(1), by striking \n        ``, and (D), and inserting ``, (D)'' and by inserting before \n        the period ``, and (E) human tissue in combination with a drug \n        as described in clause (A), (B), (C), or (D)'',\n            (2) in paragraph (h), by inserting after ``implant,'' the \n        following: ``human tissue (other than banked human tissue),'', \n        and\n            (3) by adding at the end the following:\n    ``(gg)(1) The term `tissue' means an aggregate of cells or their \nintercellular substance that form a structural material.\n    ``(2)(A) The term `banked human tissue' means any tissue--\n            ``(i) derived from a human body that is intended for \n        administration to a human for the diagnosis, cure, mitigation, \n        treatment or prevention of any condition or disease,\n            ``(ii) procured, processed, stored, or distributed by \n        methods to prevent the transmission of infectious disease and \n        to preserve clinical usefulness, and\n            ``(iii) not intended to change tissue structure or \n        functional characteristics.\n    ``(B) Such term does not include--\n            ``(i) whole organs, including hearts, kidneys, livers, \n        lungs, pancreases, or any other organ containing vasculature \n        that carries blood after transplantation,\n            ``(ii) blood, blood products, bone marrow, reproductive \n        tissue, or human milk, or\n            ``(iii) autograft human tissue that is not stored or \n        processed during a single surgical procedure.''.\n    ``(3) The term `human tissue bank' means a person that procures, \nprocesses, stores, or distributes banked human tissue.''.\n\nSEC. 4. REGULATION OF HUMAN TISSUE BANKS\n\n    Chapter V is amended by adding at the end the following:\n\n                   ``Subchapter D-Human Tissue Banks\n\n                   ``regulation of human tissue banks\n\n    ``Sec. 545. (a) Prevention of Disease Transmission.--To prevent the \ntransmission of infectious disease by the use of banked human tissue, \nthe Secretary may by regulation require--\n            ``(1) the screening of donors of tissue,\n            ``(2) the testing of donors of tissue and tissue donated, \n        and\n            ``(3) recordkeeping by human tissue banks, including \n        records that provide a method to track tissue from a donor to a \n        recipient and from a recipient to a donor, taking into account \n        the privacy interest of donors, donor families, and recipients.\n    ``(b) Good Tissue Banking Practice.--The Secretary shall by \nregulation establish good tissue banking practices by human tissue \nbanks which may require--\n            ``(1) ascertainment of donor suitability,\n            ``(2) recovery of cadaveric or living donor tissue,\n            ``(3) tissue screening and acceptance,\n            ``(4) validation of the manufacturing, equipment, and \n        facilities used for banked human tissue,\n            ``(5) finished tissue inspection and control,\n            ``(6) inspection for quality control,\n            ``(7) investigation of failures involving banked human \n        tissue and files of complaints about such failures,\n            ``(8) recordkeeping,\n            ``(9) assurance of the quality of banked human tissue,\n            ``(10) personnel requirements, including a requirement for \n        a medical director who is a physician licensed to practice \n        medicine in the State in which the bank is located, and\n            ``(11) special practices for specific tissues.\n    ``(c) Labeling, Advertising, and Promotion.--The Secretary may by \nregulation prescribe requirements for the labeling, advertising, and \npromotion of banked human tissue by human tissue banks. Such \nrequirements shall include--\n            ``(1) requirements for adequate direction for use, and\n            ``(2) information about results from the use of banked \n        human tissue according to directions or under customary and \n        usual conditions.\n    ``(d) Operating Permits.--\n            ``(1) In general.--The Secretary shall by regulation \n        require human tissue banks to acquire a permit for operation. \n        Such a permit may be acquired by a human tissue bank if--\n                    ``(A) the human tissue bank has on file with the \n                Secretary an application for such permit which \n                demonstrates, through supporting documentation, that \n                the bank is in compliance with the requirements of \n                subsections (a), (b), and (c),\n                    ``(B) the human tissue bank has on file with the \n                Secretary an application for an exemption from the \n                requirements of subsection (a), (b), or (c) and the \n                Secretary has approved such application based upon--\n                            ``(i) data from well controlled scientific \n                        studies designed to provide reasonable \n                        assurance that an exemption from such \n                        requirements is safe and does not reduce \n                        clinical utility, or\n                            ``(ii) a determination by the Secretary, \n                        after consultation with a Tissue Advisory \n                        Committee, that such an exemption does not \n                        affect the safety and effectiveness of the \n                        operations of such bank, or\n                    ``(C) the human tissue bank has on file with the \n                Secretary an application for an exemption from the \n                requirements of subsection (a), (b), or (c) to \n                investigate new or existing standards, methods, or uses \n                relating to tissue, such application is submitted with \n                a proposed scientific protocol for such investigation, \n                and the Secretary has determined that such \n                investigation does not affect the safety and \n                effectiveness of the operations of such bank and that \n                patients of the bank will be protected by a requirement \n                of adequate informed consent.\n            ``(2) Permits.--The Secretary shall issue an operating \n        permit to a human tissue bank if the Secretary determines the \n        bank meets the requirements of paragraph (1). Such a permit \n        shall identify the tissues banked by the bank and the methods \n        of procurement, processing, storage, and distribution of such \n        tissue which the Secretary had determined to be safe and \n        effective. A permit shall be valid for such period as specified \n        by the Secretary but not for more than 3 years.\n            ``(3) Amendment.--The Secretary shall allow a human tissue \n        bank which has a permit issued under paragraph (2) to amend the \n        permit if under the amendment the human tissue bank is still in \n        compliance with paragraph (1).\n            ``(4) Revocation.--The Secretary shall revoke, in whole or \n        in part, a permit of a human tissue bank issued under paragraph \n        (2) if the Secretary determines that the bank is operating in a \n        manner which is inconsistent with its permit and which places \n        the bank out of compliance with paragraph (1).\n    ``(e) Registration.--Each human tissue bank, except human tissue \nbanks that operate solely for research or teaching, shall under \nregulations of the Secretary be required to register in accordance with \nthe requirements of section 510 as made applicable under such \nregulations.\n    ``(f) Regulations.--The Secretary shall promulgate the regulations \nrequired by subsection (a), (b), (c), (d), and (e) within 5 years of \nthe date of the enactment of the Human Tissue for Transplantation Act \nof 1993 and shall be based on adequate scientific evidence.\n\n                      ``tissue advisory committees\n\n    ``Sec. 546. (a) In General.--The Secretary shall establish a \nnational advisory committee to be known as the Tissue Advisory \nCommittee (hereinafter in this section referred to as the `advisory \ncommittee'). The advisory committee shall be established within one \nyear of the date of the enactment of the Human Tissue for \nTransplantation Act of 1993.\n    ``(b) Composition.--The advisory committee shall be comprised of \nnot fewer than 13 or more than 19 individuals who are not officers or \nemployees of the Federal Government. The Secretary shall make \nappointments to the advisory committee from among physicians, other \nhealth care practitioners, and representatives of human tissue bank \nconsumers and industry groups whose clinical practice, research \nspecialization, or expertise include a significant focus on tissue \ntransplantation by human tissue banks.\n    ``(c) Functions.--The advisory committee shall--\n            ``(1) advise the Secretary on appropriate quality standards \n        and regulations for human tissue banks under section 545,\n            ``(2) report on new developments concerning tissue \n        transplantation,\n            ``(3) advise the Secretary on appropriate standards for the \n        prevention of infectious disease transmission by banked human \n        tissues,\n            ``(4) advise the Secretary on appropriate quality standards \n        for good tissue banking practices under section 545(b),\n            ``(5) advise the Secretary in the development of \n        regulations to ensure that adequate directions for use of \n        banked human tissues are provided by human tissue banks,\n            ``(6) make recommendations in the establishment of \n        mechanisms to investigate consumer complaints, and\n            ``(7) perform such other activities as the Secretary may \n        require.\n    ``(d) Meetings.--The advisory committee shall meet not less often \nthan quarterly during the first 3 years of its operation.\n    ``(e) Chairperson.--The Secretary shall appoint the chairperson of \nthe advisory committee from among members of the advisory committee.''.\n\nSEC. 5. ENFORCEMENT.\n\n    (a) Adulteration.--Section 501 (21 U.S.C. 351) is amended--\n            (1) by inserting ``, banked human tissue,'' after ``drug'' \n        before paragraph (a),\n            (2) in paragraphs (a)(2)(B) and (d), by inserting ``or \n        banked human tissue'' after ``drug'' each place it occurs,\n            (3) by adding at the end the following:\n    ``(j)(1) If it is banked human tissue and the materials, \nfacilities, or controls used for its procurement, processing, \ndistribution, or storage are not in conformity with the requirements of \nsection 545(b).\n    ``(2) If it is banked human tissue for which an exemption for \ninvestigation use of human tissue has been granted under section \n545(d)(1)(D) and the person granted such exemption or any investigator \nfails to comply with the requirements of such section.'', and\n            (4) in the title to the section, by inserting ``or banked \n        human tissue'' after ``drugs.\n    (b) Misbranding.--Section 502 (21 U.S.C. 352) is amended--\n            (1) by inserting ``, banked human tissue,'' after ``drug'' \n        before paragraph (a),\n            (2) in paragraph (f), the first sentence of paragraph (h), \n        and (i), by inserting ``or banked human tissue'' after ``drug'' \n        each place it occurs\n            (3) in paragraph (o), by inserting ``or if an application \n        or other information respecting it was not provided as required \n        by section 545(d),'' after ``510(e)'',\n            (4) by adding at the end the following:\n    ``(u)(1) If it is banked human tissue subject to regulation under \nsection 545(c) unless it bears such labeling as may be required.\n    ``(2) If it is a banked human tissue distributed or offered for \nsale in any State and its promotion or advertising is false or \nmisleading in any particular.'', and\n            (5) in the title to the section, by inserting ``or banked \n        human tissue'' after ``drugs.\n    (c) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended--\n            (1) in paragraphs (a), (b), (c), (g), (h), (k), and (l), by \n        inserting ``, banked human tissue'' after ``drug'' each place \n        it occurs,\n            (2) in paragraph (d), by striking ``404 or 505'' and \n        inserting ``404, 505, or 545'',\n            (3) in paragraph (j), by inserting ``, 545'' after ``520'',\n            (4) in paragraph (p), by striking ``510,'' and inserting \n        ``510 or 545(e),'', and\n            (5) in paragraphs (q)(2) and (r), by inserting ``or banked \n        human tissue'' after ``device''.\n    (d) Penalties.--Section 303(f) (21 U.S.C. 333(f)) is amended by \ninserting ``or banked human tissues'' after ``devices''.\n    (e) Seizures.--Section 304 (21 U.S.C. 334) is amended--\n            (1) in subsections (a)(1) and (d)(1), by inserting ``, \n        banked human tissue'' after ``drug'',\n            (2) in subsection (a)(1), by striking ``, and (D)'' and \n        inserting ``(D) Any adulterated or misbranded banked human \n        tissue, and (E)'', and\n            (3) in subsection (g)(1), by striking ``or a vehicle, a \n        device'' and inserting ``, a vehicle, a device, or banked human \n        tissue'' and by inserting after each other occurrence of \n        ``device'' the following: ``or banked human tissue''.\n    (f) Investigations.--Section 702 (21 U.S.C. 372) is amended--\n            (1) in subsection (b), by inserting ``, banked human \n        tissue'' after ``drug'', and\n            (2) in subsection (d), by inserting ``or banked human \n        tissues'' after ``drugs''.\n    (g) Records of Interstate Shipment.--Section 703 (21 U.S.C. 373) is \namended--\n            (1) by inserting ``or banked human tissues'' after \n        ``drugs'' each place it occurs, and\n            (2) by inserting ``or banked human tissue'' after ``drug'' \n        each place it occurs.\n    (h) Inspections.--Section 704 (21 U.S.C. 374) is amended--\n            (1) in subsection (a)(1)(A), by inserting ``, banked human \n        tissues'' after ``drugs'' each place it occurs,\n            (2) in subsection (a)(1)(B), by inserting ``, banked human \n        tissues'' after ``prescription drugs'' each place it occurs, \n        and\n            (3) in subsection (b), by inserting ``, banked human \n        tissue'' after ``drug''.\n    (i) Publicity.--Section 705(b) (21 U.S.C. 375(b)) is amended by \ninserting ``, banked human tissues'' after ``drugs''.\n    (j) Interstate Commerce Presumption.--Section 709 (21 U.S.C. 379a) \nis amended by inserting ``or banked human tissue'' after ``device''.\n    (k) Imports and Exports.--Section 801 (21 U.S.C 381) is amended--\n            (1) in the first sentence of subsection (a), by inserting \n        ``, banked human tissues'' and ``drugs'',\n            (2) in subsection (a)(3), by inserting ``or 545'' after \n        ``505'', and\n            (3) in subsections (b) and (e)(1), by inserting ``, banked \n        human tissue'' after ``drug''.\n\nSEC. 6. FUNDING.\n\n    (a) Imposition.--Each human tissue bank--\n            (1) which has a permit issued under section 545(d) shall \n        pay a fee for such permit, and\n            (2) which is registered under section 545(e) shall pay a \n        fee for such registration.\nThe fees imposed under this subsection are imposed to cover the costs \nof the Secretary in the implementation of sections 545 and 546.\n    (b) Fee Amount.--The Secretary shall determine the amount of the \nfees imposed by subsection (a) on the basis of the gross revenue of the \nhuman tissue bank paying the fee which relates to the procurement, \nprocessing, storage, and distribution of human tissue.\n    (c) Crediting and Availability of Fees.--\n            (1) In general.--Fees collected for a fiscal year pursuant \n        to subsection (a) shall be credited to the appropriation \n        account for salaries and expenses of the Secretary and shall be \n        available in accordance with appropriation Acts until expended \n        without fiscal year limitation.\n            (2) Collections.--The fees imposed under subsection (a)--\n                    (A) shall be collected in each fiscal year in an \n                amount equal to the amount specified in appropriation \n                Acts for such fiscal year, and\n                    (B) shall only be collected and available to defray \n                the costs of implementing sections 545 and 546.\n    (d) Effective Date.--The fee authorized by subsection (a)(1) shall \ntake effect 4 years after the date of the enactment of the Human Tissue \nfor Transplantation Act of 1993 and the fee authorized by subsection \n(a)(2) shall take effect one year after the date of the enactment.\n\nSEC. 7. HUMAN HEART VALVES.\n\n    (a) Enforcement.--The Secretary of Health and Human Services may \nnot enforce the Secretary's regulation, promulgated on May 13, 1987, \nand published at page 18162 of 52 Federal Register, insofar as such \nregulation applies to human heart valves.\n    (b) Premarket Approval Determination.--The determination of the \nSecretary issued June 26, 1991 (56 FR 29177), acting through the Food \nand Drug Administration, that human heart valves are replacement heart \nvalves subject to premarket approval under section 515 of the Federal \nFood, Drug, and Cosmetic Act (21 U.S.C. 360e) shall have no legal force \nand effect.","title":""}
+{"_id":"c499","text":"entitled ``Joint Resolution to approve the \n`Covenant To Establish a Commonwealth of the Northern Mariana Islands \nin Political Union with the United States of America', and for other \npurposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is \namended--\n            (1) by adding at the end the following new section:\n\n``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS.\n\n    ``(a) In General.--No textile fiber product shall have a stamp, \ntag, label, or other means of identification or substitute therefore on \nor affixed to the product stating `Made in the USA' or otherwise \nstating or implying that the product was made or assembled in the \nUnited States unless--\n            ``(1) each individual providing direct labor in production \n        of such textile fiber product was paid a wage equal to or \n        greater than the wage set by section 8; and\n            ``(2) the product was manufactured in compliance with all \n        Federal laws relating to labor rights and working conditions, \n        including, but not limited to, the National Labor Relations \nAct, the Occupational Safety and Health Act of 1970, and the Fair Labor \nStandards Act of 1938.\n    ``(b) A textile fiber product which does not comply with subsection \n(a) shall be deemed to be misbranded for purposes of the Textile Fiber \nProducts Identification Act (15 U.S.C. 70 et seq.).\n    ``(c) Definition.--For purposes of this section the term `direct \nlabor' includes any work provided to prepare, assemble, process, \npackage, or transport a textile fiber product, but does not include \nsupervisory, management, security, or administrative work.'';\n            (2) by adding, after the new section added by paragraph \n        (1), the following new section:\n\n``SEC. 8. MINIMUM WAGE.\n\n    ``The minimum wage provisions of the Fair Labor Standards Act of \n1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the \nNorthern Mariana Islands, except that--\n    ``(1) through December 31, 1997, the minimum wage applicable to the \nCommonwealth of the Northern Mariana Islands shall be $3.55 per hour;\n    ``(2) on January 1, 1998, and on July 1 and January 1 of each year \nthereafter, the minimum wage applicable to the Commonwealth of the \nNorthern Mariana Islands shall be $0.50 per hour more than the minimum \nwage that was applicable to the Commonwealth of the Northern Mariana \nIslands for the preceding six-month period until the minimum wage \napplicable to the Commonwealth of the Northern Mariana Islands is equal \nto the minimum wage rate set forth in section 6(a)(1) of the Fair Labor \nStandards Act of 1938; and\n    ``(3) after the minimum wage applicable to the Commonwealth of the \nNorthern Mariana Islands is equal to the minimum wage rate set forth in \nsection 6(a)(1) of the Fair Labor Standards Act of 1938, pursuant to \nparagraph (2), the minimum wage applicable to the Commonwealth of the \nNorthern Mariana Islands shall increase as necessary to remain equal to \nthe minimum wage rate set forth in section 6(a)(1) of the Fair Labor \nStandards Act of 1938.''; and\n            (3) by adding, after the new sections added by paragraphs \n        (1) and (2), the following new section:\n\n``SEC. 9. APPLICABILITY OF IMMIGRATION LAWS.\n\n    ``Section 506(a) of the foregoing Covenant shall be construed and \napplied as if it included at the end the following subsection:\n    ```(e)(1) For purposes of entry into the Northern Mariana Islands \nby any individual (but not for purposes of entry by an individual into \nthe United States from the Northern Mariana Islands), the Immigration \nand Nationality Act shall apply as if the Northern Mariana Islands were \na State (as defined in section 101(a)(36) of the Immigration and \nNationality Act). The Attorney General, acting through the Commissioner \nof Immigration and Naturalization, shall enforce the preceding \nsentence.\n    ```(2) Notwithstanding paragraph (1), with respect to an individual \nseeking entry into the Northern Mariana Islands for purposes of \nemployment in the textile, hotel, tourist, or construction industry \n(including employment as a contractor), the Federal statutes and \nregulations governing admission to Guam of individuals described in \nsection 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act \nshall apply. Such statutes and regulations shall be so applied by \nsubstituting the term ``United States citizen, national, or resident \nworkers'' for the term ``United States resident workers'', and by \nsubstituting the term ``the Northern Mariana Islands'' for the term \n``Guam'' each place it appears.\n    ```(3) When deploying personnel to enforce the provisions of this \nsection, the Attorney General shall coordinate with, and act in \nconjunction with, State and local law enforcement agencies to ensure \nthat such deployment does not degrade or compromise the law enforcement \ncapabilities and functions currently performed by immigration \nofficers.'.''.\n\nSEC. 4. REPORT.\n\n    (a) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Secretary of the Interior shall include the results of \nthe study required by subsection (b) in the annual report transmitted \nto Congress which is entitled ``Federal-CNMI Initiative on Labor, \nImmigration, and Law Enforcement''.\n    (b) Study.--A study shall be conducted of the extent of human \nrights violations and labor rights violations in the Commonwealth of \nthe Northern Mariana Islands, including the use of forced or indentured \nlabor, and any efforts being taken by the government of the United \nStates or the Commonwealth of the Northern Mariana Island to address or \nprohibit such violations.\n    (c) Consultation Regarding Study.--Appropriate local government \nofficials, law enforcement agencies, and non-governmental organizations \nactive in instituting and protecting human and labor rights may be \nconsulted when preparing and conducting the study required by \nsubsection (b).\n\nSEC. 5. EFFECT ON OTHER LAW.\n\n    The provisions of paragraph (1) of section 3 shall be in addition \nto, but shall not otherwise modify, the requirements of the Textile \nFiber Products Identification Act (15 U.S.C. 70 et seq.).\n\nSEC. 6. EFFECTIVE DATES.\n\n    (a) Labeling of Textile Fiber Products; Immigration of Workers.--\nThe amendment made by paragraph (1) of section 3 and the provision of \nthe amendment made by paragraph (3) of section 3 which is designated as \n``(e)(2)'' shall take effect on the date of the enactment of this Act.\n    (b) Minimum Wage.--The amendment made by paragraph (2) of section 3 \nshall take effect 30 days after the date of the enactment of this Act.\n    (c) Immigration.--Except as provided in subsection (a), the \namendment made by paragraph (3) of section 3 shall apply to individuals \nentering the Northern Mariana Islands after the expiration of the 6-\nmonth period beginning with the date of the enactment of this Act.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n    There is authorized to be appropriated such sums as may be \nnecessary to carry out the provisions of this Act.","title":""}
+{"_id":"c5","text":"SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL AIR PATROL AS CIVILIAN \n              AUXILIARY OF THE AIR FORCE.\n\n    (a) In General.--Chapter 909 of title 10, United States Code, is \namended--\n            (1) by redesignating section 9442 as section 9443; and\n            (2) by inserting after section 9441 the following new \n        section:\n``Sec. 9442. Air Force role in management\n    ``(a) Administrative Responsibility.--In its capacity as a \nfederally chartered corporation under chapter 403 of title 36 and a \nvolunteer civilian auxiliary of the Air Force, the Civil Air Patrol \nshall be administered by the Chief of Staff of the Air Force, under the \ndirection of the Secretary of the Air Force. For command, control, and \nadministrative purposes, the Civil Air Patrol shall have such \norganizational elements as are approved by the Secretary of the Air \nForce in regulations.\n    ``(b) Board of Directors.--(1) The Secretary of the Air Force shall \nappoint a National Board of Directors for the Civil Air Patrol. The \nNational Board of Directors shall be composed of the following:\n            ``(A) General officers of the Air Force, including the Air \n        Force Reserve and Air National Guard.\n            ``(B) Senior civilian employees of the Department of the \n        Air Force.\n            ``(C) Members appointed from the volunteer Civil Air Patrol \n        membership.\n    ``(2) The chairman of the National Board of Directors shall be the \nmember of the Board who is the senior active duty Air Force officer. \nThe members of the Board appointed under paragraph (1)(C) may not \nexceed a minority of the Board.\n    ``(c) Executive Direction.--(1) The National Board of Directors \nshall appoint for the Civil Air Patrol the following:\n            ``(A) A National Commander, to be appointed from the \n        civilian volunteer membership of the Civil Air Patrol.\n            ``(B) An Executive Director.\n            ``(C) A Safety Officer.\n            ``(D) An Inspector General.\n    ``(2) The Executive Director, Safety Officer, and Inspector General \nappointed under paragraph (1) shall report directly to the Secretary of \nthe Air Force through the National Board of Directors.\n    ``(3) The Chief of Staff of the Air Force may assign officers and \nenlisted members of the Air Force on active duty and civilian employees \nof the Department of the Air Force to serve on the staff of the \nnational headquarters of the Civil Air Patrol.\n    ``(d) Effect of Appointment or Assignment.--(1) The appointment or \nassignment of members of the armed forces or civilian employees under \nsubsection (b) or (c) is not precluded by any law or regulation \nprohibiting active duty members of the armed forces or civilian \nemployees from participating in the management of non-Federal entities.\n    ``(2) An officer or enlisted member of the Air Force appointed to \nor assigned to duty in a Civil Air Patrol management position specified \nin subsection (b) or (c) shall not receive any compensation, other than \nthe regular military compensation to which the officer or member is \notherwise entitled, as a result of the appointment or assignment.\n    ``(e) Use of Civil Air Patrol Members and Employees.--(1) The \nExecutive Director and National Board of Directors may use such Civil \nAir Patrol employees and volunteer Civil Air Patrol members as the \nExecutive Director and National Board of Directors considers necessary \nto administer the Civil Air Patrol and to ensure that it is capable of \nassisting the Department of the Air Force in the performance of its \nnoncombat mission.\n    ``(2) Except as provided in section 9441(c) of this title, a member \nof the Civil Air Patrol or an employee of the Civil Air Patrol is not a \nFederal employee and is not subject to the provisions of law relating \nto Federal employment, including those relating to hours of work, rates \nof compensation, leave, unemployment compensation, Federal employee \nbenefits, ethics, conflicts of interest, and other similar criminal or \ncivil statutes and regulations governing the conduct of Federal \nemployees. However, nothing in this paragraph shall constrain the \nSecretary of the Air Force from prescribing standards of conduct and \nbehavior for Civil Air Patrol members and employees.\n    ``(f) Funds Management.--All funds provided to the Civil Air Patrol \nunder subsections (b) and (d) of section 9441 of this title, or any \nother provision of law, are subject to the requirements of sections \n6304 and 6305 of title 31 (commonly known as the Federal Grant and \nCooperative Agreement Act) and the Federal regulations governing the \nprovision of appropriated funds to private, nonprofit organizations.\n    ``(g) Relation to Federal Charter.--The powers granted to the Civil \nAir Patrol in section 40304 of title 36, including the power to adopt a \nconstitution, bylaws, and regulations, are subject to the approval of \nthe Secretary of the Air Force under the authority granted to the \nSecretary by this section and are subject to any policies, regulations, \nor instructions issued by the Secretary under that authority.''.\n    (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by striking the item relating to section 9442 \nand inserting the following new items:\n\n``9442. Air Force role in management.\n``9443. Assistance by other agencies.''.","title":""}
+{"_id":"c50","text":"SECTION 1. PRIVACY OF CUSTOMERS OF BROADBAND INTERNET ACCESS SERVICE \n              AND OTHER TELECOMMUNICATIONS SERVICES.\n\n    (a) In General.--Section 222 of the Communications Act of 1934 (47 \nU.S.C. 222) is amended--\n            (1) by redesignating subsection (h) as subsection (i); and\n            (2) by inserting after subsection (g) the following:\n    ``(h) Privacy of Customers of Broadband Internet Access Service and \nOther Telecommunications Services.--\n            ``(1) Definitions.--In this subsection--\n                    ``(A) the term `broadband Internet access service' \n                has the meaning given the term in section 8.2 of title \n                47, Code of Federal Regulations, or any successor \n                regulation;\n                    ``(B) the term `customer' means--\n                            ``(i) a current or former subscriber to a \n                        telecommunications service; or\n                            ``(ii) an applicant for a \n                        telecommunications service;\n                    ``(C) the term `customer proprietary information' \n                means, with respect to information or content that a \n                telecommunications carrier acquires in connection with \n                its provision of telecommunications service--\n                            ``(i) individually identifiable customer \n                        proprietary network information;\n                            ``(ii) personally identifiable information; \n                        and\n                            ``(iii) content of communications;\n                    ``(D) the term `opt-in approval' means a method for \n                a telecommunications carrier to obtain customer consent \n                to use, disclose, or permit access to the customer's \n                customer proprietary information that requires that the \n                telecommunications carrier obtain from the customer \n                affirmative, express consent allowing the requested \n                usage, disclosure, or access to the customer \n                proprietary information after the customer is provided \n                appropriate notification of the carrier's request;\n                    ``(E) the term `sensitive customer proprietary \n                information' includes--\n                            ``(i) financial information;\n                            ``(ii) health information;\n                            ``(iii) information pertaining to children;\n                            ``(iv) Social Security numbers;\n                            ``(v) precise geolocation information;\n                            ``(vi) content of communications;\n                            ``(vii) call detail information;\n                            ``(viii) web browsing history, application \n                        usage history, and the functional equivalents \n                        of either; and\n                            ``(ix) any other customary proprietary \n                        information that the Commission determines to \n                        be sensitive; and\n                    ``(F) the term `telecommunications service' \n                includes broadband Internet access service and \n                interconnected VoIP service.\n            ``(2) Regulations.--In carrying out this section, the \n        Commission shall promulgate regulations to protect the privacy \n        of customers of telecommunications service.\n            ``(3) Contents.--In promulgating regulations under \n        paragraph (2), the Commission shall--\n                    ``(A) require a telecommunications carrier to \n                notify a customer about the collection, use, and \n                sharing of his or her customer proprietary information, \n                including by--\n                            ``(i) notifying the customer about the \n                        types of customer proprietary information the \n                        carrier collects;\n                            ``(ii) specifying how and for what purposes \n                        the carrier uses and shares customer \n                        proprietary information; and\n                            ``(iii) identifying the types of entities \n                        with which the carrier shares customer \n                        proprietary information;\n                    ``(B) require a telecommunications carrier to--\n                            ``(i) provide the notification under \n                        subparagraph (A) to a customer at the point of \n                        sale, before the purchase of service; and\n                            ``(ii) update a customer when the carrier \n                        makes a material change to a privacy policy, \n                        including any of the policies described in \n                        subparagraph (A);\n                    ``(C) require a telecommunications carrier to \n                obtain opt-in approval from a customer to use and share \n                his or her sensitive customer proprietary information;\n                    ``(D) implement strong protection for de-identified \n                customary proprietary information, to prevent re-\n                identifying such information;\n                    ``(E) prohibit a telecommunications carrier from \n                refusing to serve a customer who doesn't consent to the \n                use and sharing of his or her customer proprietary \n                information for commercial purposes (commonly known as \n                `take-it-or-leave-it offers'); and\n                    ``(F) require a telecommunications carrier to--\n                            ``(i) develop reasonable data security \n                        practices; and\n                            ``(ii) notify customers if a breach of \n                        security has occurred.''.\n    (b) Deadline.--The Federal Communications Commission--\n            (1) not later than 180 days after the date of enactment of \n        this Act, shall promulgate regulations under section 222(h)(2) \n        of the Communications Act of 1934 (47 U.S.C. 222(h)(2)), as \n        added by subsection (a); and\n            (2) shall ensure that the regulations promulgated under \n        paragraph (1) take effect not later than 180 days after the \n        date of promulgation.","title":""}
+{"_id":"c51","text":"SECTION 1. PROVISION OF MENTAL HEALTH SERVICES BY DEPARTMENT OF \n              VETERANS AFFAIRS FOR VETERANS AND FAMILY MEMBERS WITH \n              LIMITED ENGLISH PROFICIENCY.\n\n    (a) In General.--\n            (1) Requirement.--Chapter 17 of title 38, United States \n        Code, is amended by inserting after section 1712B the following \n        new section:\n``Sec. 1713. Mental health services; languages other than English\n    ``(a) Availability of Counseling in Languages Other Than English.--\nIn providing counseling and other mental health services authorized by \nlaw to a veteran who has limited proficiency in English, the Secretary \nshall ensure that such counseling and services are available to that \nveteran in both English and a language other than English in which the \nveteran is proficient, if requested by the veteran.\n    ``(b) Identification of Limited English Proficient Veterans.--For \npurposes of this section, the Secretary shall develop procedures for \nidentifying veterans who have limited proficiency in English and of \ninforming those veterans of the provisions of subsection (a).''.\n            (2) Clerical amendment.--The table of sections at the \n        beginning of such chapter is amended by inserting after the \n        item relating to section 1712B the following new item:\n\n``1713. Mental health services; languages other than English''.\n    (b) Family Members.--Section 1782 of such title is amended by \nadding at the end the following new subsections:\n    ``(e) Additional Counseling.--In addition to services authorized by \nsubsections (a) and (b), the Secretary shall, in connection with the \nservice of a veteran in the active military, naval, or air service, \nprovide to an individual described in subsection (c) such counseling \nand mental health services as are requested by the individual, except \nto the extent that the Secretary determines that such counseling and \nmental health services are not needed.\n    ``(f) Bilingual Counseling.--(1) In providing counseling and mental \nhealth services under this section and bereavement counseling under \nsection 1783 of this title, the Secretary shall ensure, in the case of \nan individual who has limited proficiency in English, that such \ncounseling and services are available to that individual in both \nEnglish and a language other than English in which the individual is \nproficient, if requested by the individual.\n    ``(2) For purposes of this subsection, the Secretary shall develop \nprocedures for identifying individuals who have limited proficiency in \nEnglish and of informing those individuals of the provisions of \nparagraph (1).''.\n    (c) Effective Date.--Section 1713 of title 38, United States Code, \nas added by subsection (a)(1), and subsections (e) and (f) of section \n1782 of such title, as added by subsection (b), shall take effect at \nthe end of the 120-day period beginning on the date of the enactment of \nthis Act.\n\nSEC. 2. CODIFICATION FOR DEPARTMENT OF VETERANS AFFAIRS OF REQUIREMENTS \n              OF EXECUTIVE ORDER 13166.\n\n    (a) System for Access to Services.--The Secretary of Veterans \nAffairs shall implement a system by which persons with limited English \nproficiency can meaningfully access the services provided by the \nDepartment of Veterans Affairs consistent with, and without unduly \nburdening, the fundamental mission of that Department. The Secretary \nshall work to ensure that recipients of financial assistance under \nprograms of the Department provide meaningful access to applicants and \nbeneficiaries with limited English proficiency.\n    (b) Plan.--The Secretary shall implement a plan to improve access \nto programs and activities of the Department of Veterans Affairs by \neligible persons with limited English proficiency. The plan shall be \nconsistent with the standards set forth in the guidance issued by the \nAttorney General and shall include the steps the Secretary will take to \nensure that eligible persons with limited English proficiency can \nmeaningfully access the programs and activities of the Department.\n\nSEC. 3. IMPLEMENTATION.\n\n    In developing and implementing the plan under section 2(b), the \nSecretary shall, at a minimum, carry out the following:\n            (1) The Secretary shall conduct a thorough assessment of \n        the language needs of the population served by the Department \n        of Veterans Affairs, including identifying the non-English \n        languages that are likely to be encountered.\n            (2) The Secretary shall develop and implement a \n        comprehensive language assistance program, which shall \n        include--\n                    (A) hiring bilingual staff and interpreters for \n                patient and client contact positions; and\n                    (B) translating written materials (such as consent \n                forms, notice of free language assistance, and outreach \n                materials) into languages other than English.\n            (3) The Secretary shall train staff of the Department on \n        the access policy of the Department with respect to persons \n        with limited English proficiency and on carrying out that \n        policy.\n            (4) The Secretary shall establish vigilant monitoring and \n        oversight to ensure that persons with limited English \n        proficiency have meaningful access to health care and services.\n            (5) The Secretary shall establish a task force to evaluate \n        implementation and to prioritize needed actions to implement \n        the access plan for persons with limited English proficiency.\n            (6) The Secretary shall develop a specific plan to ensure \n        seamless transition of veterans and their families from \n        benefits and services provided by the Department of Defense to \n        benefits and services provided by the Department of Veterans \n        Affairs, including bilingual readjustment and bereavement \n        counseling.\n            (7) The Secretary shall establish a process to translate \n        vital documents and other materials, including materials on the \n        World Wide Web, brochures distributed as part of outreach \n        efforts to servicemembers transitioning into civilian life, and \n        the post-deployment health reassessment program.\n            (8) The Secretary shall conduct outreach to veterans and \n        their families in communities which may have higher proportions \n        of populations with limited English proficiency to ensure they \n        are aware of eligibility for benefits and services from the \n        Department of Veterans Affairs.\n\nSEC. 4. REPORT ON IMPLEMENTATION BY VETERANS HEALTH ADMINISTRATION OF \n              DIRECTIVE ON IMPROVING ACCESS TO SERVICES FOR PERSONS \n              WITH LIMITED ENGLISH PROFICIENCY.\n\n    (a) Report Required.--Not later than 180 days after the date of the \nenactment of this Act, the Secretary of Veterans Affairs shall submit \nto the Committees on Veterans' Affairs of the Senate and House of \nRepresentatives a report on the implementation by the Veterans Health \nAdministration of the Department of Veterans Affairs of the directive \nof the Veterans Health Administration designated ``VHA Directive 2002-\n006'' that was issued by the Under Secretary for Health of the \nDepartment of Veterans Affairs on January 31, 2002, and that issued \npolicy to implement prohibitions on discrimination on the basis of \nnational origin for persons with limited English proficiency in \nFederally-conducted programs and activities and in Federal financial \nassisted programs.\n    (b) Capacity to Provide Services to LEP Servicemembers.--The \nSecretary shall include in the report an analysis of the capacity of \nthe Department of Veterans Affairs to provide services to members of \nthe Armed Forces with limited English proficiency.","title":""}
+{"_id":"c52","text":"SECTION 1. PURPOSE.\n\n    The purpose of this Act is to authorize and provide funding for the \nBureau of Reclamation to continue the implementation of the endangered \nfish recovery implementation programs for the Upper Colorado and San \nJuan River Basins in order to accomplish the objectives of these \nprograms within a currently established time schedule.\n\nSEC. 2. DEFINITIONS.\n\n    As used in this Act:\n        (1) The term ``Recovery Implementation Programs'' means the \n    intergovernmental programs established pursuant to the 1988 \n    Cooperative Agreement to implement the Recovery Implementation \n    Program for the Endangered Fish Species in the Upper Colorado River \n    dated September 29, 1987, and the 1992 Cooperative Agreement to \n    implement the San Juan River Recovery Implementation Program dated \n    October 21, 1992, and as they may be amended by the parties \n    thereto.\n        (2) The term ``Secretary'' means the Secretary of the Interior.\n        (3) The term ``Upper Division States'' means the States of \n    Colorado, New Mexico, Utah, and Wyoming.\n        (4) The term ``Colorado River Storage Project'' or ``storage \n    project'' means those dams, reservoirs, power plants, and other \n    appurtenant project facilities and features authorized by and \n    constructed in accordance with the Colorado River Storage Project \n    Act (43 U.S.C. 620 et seq.).\n        (5) The term ``capital projects'' means planning, design, \n    permitting or other compliance, pre-construction activities, \n    construction, construction management, and replacement of \n    facilities, and the acquisition of interests in land or water, as \n    necessary to carry out the Recovery Implementation Programs.\n        (6) The term ``facilities'' includes facilities for the genetic \n    conservation or propagation of the endangered fishes, those for the \n    restoration of floodplain habitat or fish passage, those for \n    control or supply of instream flows, and those for the removal or \n    translocation of nonnative fishes.\n        (7) The term ``interests in land and water'' includes, but is \n    not limited to, long-term leases and easements, and long-term \n    enforcement, or other agreements protecting instream flows.\n        (8) The term ``base funding'' means funding for operation and \n    maintenance of capital projects, implementation of recovery actions \n    other than capital projects, monitoring and research to evaluate \n    the need for or effectiveness of any recovery action, and program \n    management, as necessary to carry out the Recovery Implementation \n    Programs. Base funding also includes annual funding provided under \n    the terms of the 1988 Cooperative Agreement and the 1992 \n    Cooperative Agreement.\n        (9) The term ``recovery actions other than capital projects'' \n    includes short-term leases and agreements for interests in land, \n    water, and facilities; the reintroduction or augmentation of \n    endangered fish stocks; and the removal, translocation, or other \n    control of nonnative fishes.\n        (10) The term ``depletion charge'' means a one-time \n    contribution in dollars per acre-foot to be paid to the United \n    States Fish and Wildlife Service based on the average annual new \n    depletion by each project.\n\nSEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.\n\n    (a) Authorization of Appropriations for Federal Participation in \nCapital Projects.--(1) There is hereby authorized to be appropriated to \nthe Secretary, $46,000,000 to undertake capital projects to carry out \nthe purposes of this Act. Such funds shall be considered a \nnonreimbursable Federal expenditure.\n    (2) The authority of the Secretary, acting through the Bureau of \nReclamation, under this or any other provision of law to implement \ncapital projects for the Recovery Implementation Program for Endangered \nFish Species in the Upper Colorado River Basin shall expire in fiscal \nyear 2005 unless reauthorized by an Act of Congress.\n    (3) The authority of the Secretary to implement the capital \nprojects for the San Juan River Basin Recovery Implementation Program \nshall expire in fiscal year 2007 unless reauthorized by an Act of \nCongress.\n    (b) Cost of Capital Projects.--The total costs of the capital \nprojects undertaken for the Recovery Implementation Programs receiving \nassistance under this Act shall not exceed $100,000,000 of which--\n        (1) costs shall not exceed $82,000,000 for the Recovery \n    Implementation Program for Endangered Fish Species in the Upper \n    Colorado River Basin through fiscal year 2005; and\n        (2) costs shall not exceed $18,000,000 for the San Juan River \n    Recovery Implementation Program through fiscal year 2007.\nThe amounts set forth in this subsection shall be adjusted by the \nSecretary for inflation in each fiscal year beginning after the \nenactment of this Act.\n    (c) Non-Federal Contributions to Capital Projects.--(1) The \nSecretary, acting through the Bureau of Reclamation, may accept \ncontributed funds from the Upper Division States, or political \nsubdivisions or organizations with the Upper Division States, pursuant \nto agreements that provide for the contributions to be used for capital \nprojects costs. Such non-Federal contributions shall not exceed \n$17,000,000.\n    (2) In addition to the contribution described in paragraph (1), the \nSecretary of Energy, acting through the Western Area Power \nAdministration, and the Secretary of the Interior, acting through the \nBureau of Reclamation, may utilize power revenues collected pursuant to \nthe Colorado River Storage Project Act to carry out the purposes of \nthis subsection. Such funds shall be treated as reimbursable costs \nassigned to power for repayment under section 5 of the Colorado River \nStorage Project Act. This additional contribution shall not exceed \n$17,000,000. Such funds shall be considered a non-Federal contribution \nfor the purposes of this Act. The funding authorized by this paragraph \nover any 2-fiscal-year period shall be made available in amounts equal \nto the contributions for the same 2-fiscal-year period made by the \nUpper Division States pursuant to paragraph (1).\n    (3) The additional funding provided pursuant to paragraph (2) may \nbe provided through loans from the Colorado Water Conservation Board \nConstruction Fund (37-60-121 C.R.S.) to the Western Area Power \nAdministration in lieu of funds which would otherwise be collected from \npower revenues and used for storage project repayments. The Western \nArea Power Administration is authorized to repay such loan or loans \nfrom power revenues collected beginning in fiscal year 2012, subject to \nan agreement between the Colorado Water Conservation Board, the Western \nArea Power Administration, and the Bureau of Reclamation. The agreement \nand any future loan contracts that may be entered into by the Colorado \nWater Conservation Board, the Western Area Power Administration, and \nthe Bureau of Reclamation shall be negotiated in consultation with Salt \nLake City Area Integrated Projects Firm Power Contractors. The \nagreement and loan contracts shall include provisions designed to \nminimize impacts on electrical power rates and shall ensure that loan \nrepayment to the Colorado Water Conservation Board, including principal \nand interest, is completed no later than September 30, 2057. The \nWestern Area Power Administration is authorized to include in power \nrates such sums as are necessary to carry out this paragraph and \nparagraph (2).\n    (4) All contributions made pursuant to this subsection shall be in \naddition to the cost of replacement power purchased due to modifying \nthe operation of the Colorado River Storage Project and the capital \ncost of water from Wolford Mountain Reservoir in Colorado. Such costs \nshall be considered as non-Federal contributions, not to exceed \n$20,000,000.\n    (d) Base Funding.--(1) Beginning in the first fiscal year \ncommencing after the date of the enactment of this Act, the Secretary \nmay utilize power revenues collected pursuant to the Colorado River \nStorage Project Act for the annual base funding contributions to the \nRecovery Implementation Programs by the Bureau of Reclamation. Such \nfunding shall be treated as nonreimbursable and as having been repaid \nand returned to the general fund of the Treasury as costs assigned to \npower for repayment under section 5 of the Colorado River Storage \nProject Act.\n    (2) For the Recovery Implementation Program for the Endangered Fish \nSpecies in the Upper Colorado River Basin, the contributions to base \nfunding referred to in paragraph (1) shall not exceed $4,000,000 per \nyear. For the San Juan River Recovery Implementation Program, such \ncontributions shall not exceed $2,000,000 per year. The Secretary shall \nadjust such amounts for inflation in fiscal years commencing after the \nenactment of this Act. The utilization of power revenues for annual \nbase funding shall cease after the fiscal year 2011, unless \nreauthorized by Congress; except that power revenues may continue to be \nutilized to fund the operation and maintenance of capital projects and \nmonitoring. No later than the end of fiscal year 2008, the Secretary \nshall submit a report on the utilization of power revenues for base \nfunding to the appropriate Committees of the United States Senate and \nthe House of Representatives. The Secretary shall also make a \nrecommendation in such report regarding the need for continued base \nfunding after fiscal year 2011 that may be required to fulfill the \ngoals of the Recovery Implementation Programs. Nothing in this Act \nshall otherwise modify or amend existing agreements among participants \nregarding base funding and depletion charges for the Recovery \nImplementation Programs.\n    (3) The Western Area Power Administration and the Bureau of \nReclamation shall maintain sufficient revenues in the Colorado River \nBasin Fund to meet their obligation to provide base funding in \naccordance with paragraph (2). If the Western Area Power Administration \nand the Bureau of Reclamation determine that the funds in the Colorado \nRiver Basin Fund will not be sufficient to meet the obligations of \nsection 5(c)(1) of the Colorado River Storage Project Act for a 3-year \nperiod, the Western Area Power Administration and the Bureau of \nReclamation shall request appropriations to meet base funding \nobligations.\n    (e) Authority To Retain Appropriated Funds.--At the end of each \nfiscal year any unexpended appropriated funds for capital projects \nunder this Act shall be retained for use in future fiscal years. \nUnexpended funds under this Act that are carried over shall continue to \nbe used to implement the capital projects needed for the Recovery \nImplementation Programs.\n    (f) Additional Authority.--The Secretary may enter into agreements \nand contracts with Federal and non-Federal entities, acquire and \ntransfer interests in land, water, and facilities, and accept or give \ngrants in order to carry out the purposes of this Act.\n    (g) Indian Trust Assets.--The Congress finds that much of the \npotential water development in the San Juan River Basin and in the \nDuchesne River Basin (a subbasin of the Green River in the Upper \nColorado River Basin) is for the benefit of Indian tribes and most of \nthe federally designated critical habitat for the endangered fish \nspecies in the San Juan River Basin is on Indian trust lands, and 2\\1\/\n2\\ miles of critical habitat on the Duchesne River is on Indian Trust \nLand. Nothing in this Act shall be construed to restrict the Secretary, \nacting through the Bureau of Reclamation and the Bureau of Indian \nAffairs, from funding activities or capital projects in accordance with \nthe Federal Government's Indian trust responsibility.\n    (h) Termination of Authority.--All authorities provided by this \nsection for the respective Recovery Implementation Program shall \nterminate upon expiration of the current time period for the respective \nCooperative Agreement referenced in section 2(1) unless, at least 1 \nyear prior to such expiration, the time period for the respective \nCooperative Agreement is extended to conform with this Act.\n\nSEC. 4. EFFECT ON RECLAMATION LAW.\n\n    Specifically with regard to the acreage limitation provisions of \nFederal reclamation law, any action taken pursuant to or in furtherance \nof this title will not--\n        (1) be considered in determining whether a district as defined \n    in section 202(2) of the Reclamation Reform Act of 1982 (43 U.S.C. \n    390bb) has discharged its obligation to repay the construction cost \n    of project facilities used to make irrigation water available for \n    delivery to land in the district;\n        (2) serve as the basis for reinstating acreage limitation \n    provisions in a district that has completed payment of its \n    construction obligations; or\n        (3) serve as the basis for increasing the construction \n    repayment obligation of the district and thereby extending the \n    period during which the acreage limitation provisions will apply.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c53","text":"SECTION 1. PURPOSE.\n\n    The purpose of this Act is to increase telecommunications ownership \nopportunities for small businesses, including small businesses owned or \ncontrolled by socially disadvantaged individuals, through Small \nBusiness Administration participation in a market-oriented \nrestructuring of the credit aspects of Federal Communications \nCommission telecommunications spectrum auctions.\n\nSEC. 2. ASSOCIATE ADMINISTRATOR FOR TELECOMMUNICATIONS FINANCE.\n\n    (a) In General.--Section 4(b)(1) of the Small Business Act (15 \nU.S.C. 633(b)(1)) is amended--\n            (1) in the fifth sentence, by striking ``five'' and \n        inserting ``six''; and\n            (2) by adding at the end the following new sentence: ``One \n        of the Associate Administrators shall be designated at the time \n        of appointment as the Associate Administrator for \n        Telecommunications Finance and shall have the qualifications \n        and responsibilities specified in subsection (g).''.\n    (b) Qualifications and Responsibilities.--Section 4 of the Small \nBusiness Act (15 U.S.C. 633) is amended by adding at the end the \nfollowing new subsection:\n    ``(g) Associate Administrator for Telecommunications Finance.--\n            ``(1) In general.--The Associate Administrator for \n        Telecommunications Finance--\n                    ``(A) shall be an employee in the competitive \n                service or in the Senior Executive Service and a career \n                appointee;\n                    ``(B) shall be responsible to the Administrator for \n                the supervision and management of financing in the area \n                of telecommunications, including the programs and other \n                activities under section 38 and section 39;\n                    ``(C) shall establish, with respect to \n                telecommunications concerns, the detailed definitions \n                or standards referred to in section 3(a)(2);\n                    ``(D) shall have authority--\n                            ``(i) to prescribe maximum amounts for loan \n                        guarantees under any program under section 38 \n                        or 39;\n                            ``(ii) to approve all loan guarantees in \n                        telecommunications; and\n                            ``(iii) to approve all direct loans under \n                        section 38(a)(1); and\n                    ``(E) in addition to any other duties under this \n                Act, shall have authority to approve loan guarantees \n                under section 7(a) with respect to Federal \n                Communications Commission spectrum licenses acquired in \n                the secondary market.\n            ``(2) Neutrality in choice of program by applicant for loan \n        or loan guarantee.--In the administration of the \n        Telecommunications Spectrum Installment Loan Program under \n        section 38 and the Telecommunications Accelerated Certified \n        Lender Program under section 39, the Associate Administrator \n        for Telecommunications Finance shall observe strict neutrality \n        as to the choice that a potential applicant may make as to the \n        appropriateness of a program for the applicant. The choice of \n        one program over the other shall be solely that of the \n        applicant and the Associate Administrator shall neither \n        encourage nor discourage any applicant in that choice.''.\n\nSEC. 3. SMALL BUSINESS ADMINISTRATION FINANCING FOR ENTREPRENEUR \n              PARTICIPATION IN TELECOMMUNICATIONS SPECTRUM AUCTIONS \n              CONDUCTED BY FEDERAL COMMUNICATIONS COMMISSION.\n\n    The Small Business Act (15 U.S.C. 631 et seq.) is amended--\n            (1) by redesignating section 37 as section 40; and\n            (2) by inserting after section 36 the following new \n        sections:\n\n``SEC. 37. TELECOMMUNICATIONS FINANCE OFFICE.\n\n    ``(a) In General.--There is established, within the Administration, \nan office to perform functions relating to the policies and programs of \nthe Administration with respect to financing in the area of \ntelecommunications. The office--\n            ``(1) shall be known as the `Telecommunications Finance \n        Office';\n            ``(2) shall be headed by the Associate Administrator for \n        Telecommunications Finance under section 4(g);\n            ``(3) shall be staffed by employees who are from diverse \n        backgrounds and who are highly skilled in the areas of \n        telecommunications technology and telecommunications financing; \n        and\n            ``(4) shall be the principal entity within the \n        Administration for implementation of the programs under \n        sections 38 and 39.\n    ``(b) Funding.--The expenses of the Telecommunications Finance \nOffice shall be paid from the Telecommunications Loan Guarantee Fund, \nestablished under section 715 of the Communications Act of 1934.\n\n``SEC. 38. TELECOMMUNICATIONS SPECTRUM INSTALLMENT LOAN PROGRAM.\n\n    ``(a) In General.--There is established a program, to be known as \nthe `Telecommunications Spectrum Installment Loan Program', under which \nthe Administrator--\n            ``(1) shall make direct loans to qualified \n        telecommunications borrowers for acquisition of spectrum \n        licenses through Federal Communications Commission auction; and\n            ``(2) shall guarantee loans to qualified telecommunications \n        borrowers for telecommunications equipment and working capital \n        in connection with any acquisition referred to in paragraph \n        (1).\n    ``(b) Direct Loan Conditions.--\n            ``(1) Limitation on disbursement.--The Administrator may \n        not disburse any loan amount under subsection (a)(1) if the \n        cost of the license involved exceeds the approved loan amount \n        plus, as determined by the Administrator, cash available to the \n        applicant for the purpose of paying the difference between the \n        approved loan amount and the cost of the license.\n            ``(2) Interest at market rate.--The rate of interest on a \n        loan shall be the prime interest rate or such other competitive \n        market rate as the Administrator determines to be appropriate.\n            ``(3) Interest-only period.--The Administrator, in \n        accordance with criteria established by regulation, may \n        provide, on a case-by-case basis, for an initial period during \n        which a borrower under subsection (a)(1) shall pay interest \n        only. In the case of such a determination, loan principal shall \n        be amortized over the remainder of the loan term. The maximum \n        interest-only period under this paragraph is 6 years.\n            ``(4) Maximum loan term.--The term of any loan under \n        subsection (a)(1) may not exceed the term of the spectrum \n        license involved.\n    ``(c) Loan Guarantee Condition.--The Administrator may make loan \nguarantees under subsection (a)(2) to a borrower under subsection \n(a)(1) only for telecommunications equipment and working capital \nnecessary to carry out the terms of the license to be financed.\n    ``(d) Security Interest and Forced Sale Conditions for Direct Loans \nand Loan Guarantees.--The Administrator shall require, as a condition \nof any direct loan under subsection (a)(1) and any loan guarantee under \nsubsection (a)(2), that--\n            ``(1) any disbursement of a loan amount be fully protected \n        by a secured interest in the proceeds of a sale or other \n        assignment of the license involved; and\n            ``(2) the loan agreement contain specific measures by \n        which, in the case of a default by the borrower, the lender may \n        require the borrower to sell or otherwise assign the license.\n    ``(e) General Applicability; Waiver Exception.--Loans and loan \nguarantees under this section shall be subject to all otherwise \napplicable provisions of this Act, except that the Administrator may \nwaive any limitation on the amount of an individual loan or loan \nguarantee or on the total amount of loans or loan guarantees to a \nsingle borrower.\n    ``(f) Treasury Account.--The Administrator shall notify the \nSecretary of the Treasury of each loan transaction entered into under \nsubsection (a)(1). Upon receipt of notice under the preceding sentence, \nthe Secretary shall establish an account in the Treasury for the loan.\n    ``(g) Definitions.--As used in this section--\n            ``(1) the term `qualified telecommunications borrower' \n        means a small business concern that, as determined by the \n        Administrator, has, in addition to the other requirements of \n        this Act, a level of specialized telecommunications expertise \n        (including technical knowledge, business skill, and management \n        experience) that is appropriate for the purpose for which the \n        loan or guarantee involved is made; and\n            ``(2) the term `Administrator' means the Administrator, \n        acting through the Associate Administrator for \n        Telecommunications Finance.\n    ``(h) Collection of Data.--The Administrator shall collect data \nwith respect to the operation of the program under this section. The \ndata so collected--\n            ``(1) shall be accumulated on a calendar year basis;\n            ``(2) shall be maintained in an electronic database;\n            ``(3) shall include information on the ethnicity, race, and \n        sex of all applicants, whether the applications involved are \n        approved, denied, withdrawn, or otherwise disposed of; and\n            ``(4) shall include other information that, as determined \n        by the Administrator, is relevant to the disposition of \n        applications.\n    ``(i) Report.--Not later than December 31 of each year, the \nAdministrator shall submit to the Congress a report, with respect to \nthe preceding calendar year, of the status of the program under this \nsection. The report shall include--\n            ``(1) a statistical analysis (without personal identifying \n        information) of the diversity characteristics of applicants and \n        borrowers under the program; and\n            ``(2) a probability analysis with respect to the diversity \n        of applicants who receive loans under the program.\n\n``SEC. 39. TELECOMMUNICATIONS ACCELERATED CERTIFIED LENDER PROGRAM.\n\n    ``(a) In General.--There is established a program, to be known as \nthe `Telecommunications Accelerated Certified Lender Program', under \nwhich the Administrator--\n            ``(1) shall guarantee loans made to qualified \n        telecommunications borrowers--\n                    ``(A) for acquisition of spectrum licenses through \n                Federal Communications Commission auction; and\n                    ``(B) for acquisition of spectrum licenses in the \n                secondary market for licenses originally acquired \n                through Federal Communications Commission auction; and\n            ``(2) shall guarantee loans made to qualified \n        telecommunications borrowers for telecommunications equipment \n        and working capital in connection with any acquisition referred \n        to in paragraph (1).\n    ``(b) Funding.--The expenses of loan guarantees under subsection \n(a) shall be paid from the Telecommunications Loan Guarantee Fund, \nestablished under section 715 of the Communications Act of 1934.\n    ``(c) Approved Lenders.--Loans guaranteed under this section shall \nbe made by lenders that are insured depositary institutions and are \napproved by the Administrator. In evaluating an institution for \napproval, the Administrator shall take into consideration the financial \nstability of the institution, the experience and expertise of the \ninstitution in lending to telecommunications borrowers, and the need \nfor diversity in the management and ownership of approved institutions.\n    ``(d) Loan Guarantee Conditions.--\n            ``(1) Limitation on disbursement.--The Administrator shall \n        require, as a condition of any loan guarantee under subsection \n        (a)(1), that the lender may not disburse any loan amount if the \n        cost of the license involved exceeds the approved loan amount \n        plus, as determined by the Administrator, cash available to the \n        applicant for the purpose of paying the difference between the \n        approved loan amount and the cost of the license.\n            ``(2) Security interest and forced sale requirements.--The \n        Administrator shall require, as a condition of any loan \n        guarantee under subsection (a), that--\n                    ``(A) any disbursement of a loan amount be fully \n                protected by a secured interest in the proceeds of a \n                sale or other assignment of the license involved; and\n                    ``(B) the loan agreement contain specific measures \n                by which, in the case of a default by the borrower, the \n                lender may require the borrower to sell or otherwise \n                assign the license.\n    ``(e) General Applicability; Waiver Exception.--Loan guarantees \nunder this section shall be subject to all otherwise applicable \nprovisions of this Act, except that the Administrator may waive any \nlimitation on the amount of an individual loan guarantee or on the \ntotal amount of loan guarantees to a single borrower.\n    ``(f) Definitions.--As used in this section--\n            ``(1) the term `qualified telecommunications borrower' \n        means a small business concern that, as determined by the \n        Administrator, has, in addition to the other requirements of \n        this Act, a level of specialized telecommunications expertise \n        (including technical knowledge, business skill, and management \n        experience) that is appropriate for the purpose for which the \n        loan or guarantee involved is made; and\n            ``(2) the term `Administrator' means the Administrator, \n        acting through the Associate Administrator for \n        Telecommunications Finance.\n    ``(g) Collection of Data.--The Administrator shall collect data \nwith respect to the operation of the program under this section. The \ndata so collected--\n            ``(1) shall be accumulated on a calendar year basis;\n            ``(2) shall be maintained in an electronic database;\n            ``(3) shall include information on the ethnicity, race, and \n        sex of all applicants, whether the applications involved are \n        approved, denied, withdrawn, or otherwise disposed of; and\n            ``(4) shall include other information that, as determined \n        by the Administrator, is relevant to the disposition of \n        applications.\n    ``(h) Report.--Not later than December 31 of each year, the \nAdministrator shall submit to the Congress a report, with respect to \nthe preceding calendar year, of the status of the program under this \nsection. The report shall include--\n            ``(1) a statistical analysis (without personal identifying \n        information) of the diversity characteristics of applicants and \n        borrowers under the program; and\n            ``(2) a probability analysis with respect to the diversity \n        of applicants who receive loans under the program.''.\n\nSEC. 4. TELECOMMUNICATIONS LOAN GUARANTEE FUND.\n\n    (a) In General.--Title VII of the Communications Act of 1934 is \namended by inserting after section 714 (42 U.S.C. 614) the following \nnew section:\n\n``SEC. 715. TELECOMMUNICATIONS LOAN GUARANTEE FUND.\n\n    ``(a) Establishment.--\n            ``(1) In general.--There is hereby established the \n        Telecommunications Loan Guarantee Fund (hereafter in this \n        section referred to as the `Fund') in the Department of the \n        Treasury under the control of the Secretary of the Treasury \n        (hereafter in this section referred to as the `Secretary').\n            ``(2) Initial capitalization of fund.--The first \n        $10,000,000,000 of proceeds received from the auction of \n        spectrum licenses by the Federal Communications Commission \n        after the date of the enactment of this section shall be \n        deposited in the Fund and shall constitute the capitalization \n        of the Fund.\n    ``(b) Maintenance of Fund.--\n            ``(1) In general.--Amounts in the Fund shall be deposited \n        by the Secretary in depositaries designated by the Secretary \n        which have also been designated by the Telecommunications \n        Finance Office of the Small Business Administration as \n        certified telecommunications lenders.\n            ``(2) Interest.--Interest paid by depositaries on amounts \n        deposited in accordance with paragraph (1) shall be deposited \n        in the Fund and be available for the purposes of the Fund.\n    ``(c) Purpose of Fund.--Amounts in the Fund shall be available to \nmeet any obligation of the Small Business Administration arising under \na loan guarantee issued by the Telecommunications Finance Office of the \nSmall Business Administration in connection with a loan under section \n38(a)(2) or section 39(a) of the Small Business Act.''.\n\nSEC. 5. PARTICIPATION IN SPECTRUM AUCTIONS.\n\n    Section 309(j)(5) of the Communications Act of 1934 (47 U.S.C. \n309(j)(5)) is amended--\n            (1) by striking ``No person'' and inserting the following:\n                    ``(A) In general.--No person''; and\n            (2) by adding at the end the following:\n                    ``(B) Qualified telecommunications borrowers.--With \n                respect to any person that meets the qualification \n                requirements of this paragraph and that is a qualified \n                telecommunications borrower under section 38 or 39 of \n                the Small Business Act, the Commission shall accept, in \n                lieu of any upfront payment or earnest money deposit \n                required by Commission regulation, a letter of credit \n                provided to such borrower under such section that \n                equals or exceeds the amount of such required payment \n                or deposit. In any competitive bidding conducted under \n                this subsection in which the Commission identifies any \n                such qualified telecommunications borrower as the high \n                bidder at the time of declaring that the bidding has \n                closed, the Commission shall notify the Administrator \n                of the Small Business Administration of the identity of \n                such bidder, the amount of the high bid, and the total \n                amount required to be deposited with the Commission to \n                qualify for the award of the license under Commission \n                regulations. In the case of a qualified \n                telecommunications borrower under section 38, the \n                amount of such deposit may be satisfied by debiting the \n                loan account of the borrower at the Treasury.''.","title":""}
+{"_id":"c54","text":"SECTION 1. PURPOSE.\n\n    The purpose of this Act is--\n            (1) to encourage the best and brightest candidates to teach \n        in public elementary and secondary schools serving \n        disadvantaged populations; and\n            (2) to encourage high achieving candidates to enter the \n        teaching profession who would otherwise not consider a career \n        in teaching.\n\nSEC. 2. GRANTS AUTHORIZED.\n\n    (a) In General.--The Secretary is authorized to award grants to at \nleast 50 local educational agencies for a fiscal year to enable the \nlocal educational agencies to award bonuses to highly qualified \nindividuals who agree to teach in elementary schools or secondary \nschools that are served by the local educational agency and located in \nhigh poverty areas, for a period of not less than 4 years.\n    (b) Local Educational Agency Eligibility.--A local educational \nagency shall be eligible for a grant under this Act if--\n            (1) not less than 20 percent of children in the schools \n        served by the local educational agency are eligible to be \n        counted under section 1124(c) of the Elementary and Secondary \n        Education Act of 1965 (20 U.S.C. 6333(c)); or\n            (2) the local educational agency is eligible to be counted \n        under section 10952 of the Elementary and Secondary Education \n        Act of 1965 (20 U.S.C. 8272).\n    (c) Requirement.--The Secretary shall award a grant under \nsubsection (a) to at least 1 eligible local educational agency in each \nState.\n    (d) Amount.--Grants under this section shall be awarded based on \nthe number of students enrolled in schools under the jurisdiction of \nthe local educational agency involved. With respect to a local \neducational agency with an enrollment of--\n            (1) 1,500 or fewer students, the amount of a grant shall be \n        $22,500;\n            (2) at least 1,501 but less than 5,001 students, the amount \n        of a grant shall be $112,500;\n            (3) at least 5,001 but less than 15,001 students, the \n        amount of a grant shall be $150,000; and\n            (4) at least 15,001 students, the amount of a grant shall \n        be $300,000.\n    (e) Bonuses Not Taxed.--For purposes of the Internal Revenue Code \nof 1986, a bonus awarded under this Act shall not be includable in the \ngross income of the individual awarded the bonus.\n    (f) Collaboration.--The Secretary shall collaborate with local \neducational agencies, local boards of education, and local offices of \nstudent financial assistance in carrying out the program assisted under \nthis section.\n    (g) Definition.--The definitions in section 14101 of the Elementary \nand Secondary Education Act of 1965 (20 U.S.C. 8801) shall apply to \nthis Act.\n\nSEC. 3. LOCAL REQUIREMENTS.\n\n    (a) Local Uses.--Each local educational agency receiving a grant \nunder this Act shall use the funds made available under this Act to--\n            (1) award bonuses to highly qualified individuals who agree \n        to teach in elementary schools or secondary schools in which at \n        least 40 percent of the children are eligible to be counted \n        under section 1124(c) of the Elementary and Secondary Education \n        Act of 1965 (20 U.S.C. 6333(c));\n            (2) award the bonuses in accordance with subsection (b) on \n        a competitive basis taking into consideration--\n                    (A) objective measures such as test scores, grade \n                point average or class rank, and such other criteria as \n                the local educational agency may determine appropriate; \n                and\n                    (B) recommendations received under subsection (c); \n                and\n            (3) award the bonuses in the amount of $15,000 with $7,500 \n        paid after the first year of such teaching and $7,500 paid \n        after the second year of such teaching.\n    (b) Bonuses.--With respect to bonuses under subsection (a)(2), the \nlocal educational agency shall, with respect to a local educational \nagency with an enrollment of--\n            (1) 1,500 or fewer students, award bonuses to not more than \n        3 highly qualified individuals in the fiscal year involved;\n            (2) at least 1,501 but less than 5,001 students, award \n        bonuses to not more than 15 highly qualified individuals;\n            (3) at least 5,001 but less than 15,001 students, award \n        bonuses to not more than 20 highly qualified individuals; and\n            (4) at least 15,001 students, award bonuses to not more \n        than 40 highly qualified individuals.\n    (c) Prohibition.--Each local educational agency receiving a grant \nunder this Act shall not use the grant funds to offset the salary of a \nteacher awarded a bonus under this Act.\n    (d) Recommendations.--Each local educational agency receiving a \ngrant under this Act shall establish a system for receiving a limited \nnumber of recommendations from institutions of higher education for \nindividuals to receive bonus awards under this Act.\n\nSEC. 4. ELIGIBILITY.\n\n    To be eligible to receive a bonus award under this Act an \nindividual--\n            (1) shall enter into an agreement with the local \n        educational agency to work in a school described in section \n        3(a)(1) for not less than 4 years or repay the bonus in \n        accordance with section 6;\n            (2) shall pass all State certification examinations \n        required to teach in an elementary school or secondary school \n        in the State;\n            (3) shall have graduated with a 3.5 grade point average \n        from an institution of higher education, or have graduated in \n        the top 15 percent of the individual's graduating class at an \n        institution of higher education, with a bachelor's degree;\n            (4) shall submit an application to the local educational \n        agency in accordance with section 5(a).\n\nSEC. 5. APPLICATIONS; NOTIFICATION.\n\n    (a) Application.--Each individual desiring a bonus award under this \nAct shall submit an application to a local educational agency not later \nthan January 15 of each year containing such information as the local \neducational agency may require.\n    (b) Notification.--A local educational agency shall notify \nindividuals of their bonus awards by May 1 of each year.\n\nSEC. 6. REPAYMENT.\n\n    Each individual who receives a bonus award under this Act and does \nnot comply with the terms of the agreement described in section 4(1) \nwithin 6 years of receiving the first bonus award payment under this \nAct, without an excuse that is acceptable to the local educational \nagency, shall repay to the local educational agency the amount of the \nbonus awards received plus interest. Repayment shall begin not later \nthan 2 years after the local educational agency determines the \nindividual is in noncompliance with the agreement.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n    There is authorized to be appropriated to carry out this Act \n$15,000,000 for each of the fiscal years 2000 through 2004.","title":""}
+{"_id":"c55","text":"SECTION 1. PURPOSES.\n\n    The purposes of this Act are as follows:\n            (1) To grow the number of highly accomplished recent \n        college graduates teaching in underserved urban and rural \n        communities in the United States.\n            (2) To increase the number of school districts and \n        communities served by a nationally recruited corps of \n        outstanding new teachers.\n            (3) To build a broader pipeline of talented and experienced \n        future leaders in public education and education reform.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) In general.--The terms ``highly qualified'', ``local \n        educational agency'', and ``Secretary'' have the meanings given \n        the terms in section 9101 of the Elementary and Secondary \n        Education Act of 1965 (20 U.S.C. 7801).\n            (2) Grantee.--The term ``grantee'' means Teach For America, \n        Inc.\n            (3) High need.--The term ``high need'', when used with \n        respect to a local educational agency, means a local \n        educational agency experiencing a shortage of highly qualified \n        teachers.\n\nSEC. 3. GRANT PROGRAM AUTHORIZED.\n\n    The Secretary is authorized to award a grant to Teach For America, \nInc., the national teacher corps of outstanding recent college \ngraduates who commit to teach for 2 years in underserved communities in \nthe United States, to implement and expand its program of recruiting, \nselecting, training, and supporting new teachers.\n\nSEC. 4. GRANT REQUIREMENTS.\n\n    In carrying out the grant program under section 3, the Secretary \nshall enter into an agreement with the grantee under which the grantee \nagrees to use the grant funds provided under this Act--\n            (1) to provide highly qualified teachers to high need local \n        educational agencies in urban and rural communities;\n            (2) to pay the cost of recruiting, selecting, training, and \n        supporting new teachers; and\n            (3) to serve a substantial number and percentage of \n        underserved students.\n\nSEC. 5. AUTHORIZED ACTIVITIES.\n\n    (a) In General.--Grant funds provided under this Act shall be used \nby the grantee to carry out each of the following activities:\n            (1) Recruiting and selecting teachers through a highly \n        selective national process.\n            (2) Providing preservice training to the teachers through a \n        rigorous summer institute that includes hands-on teaching \n        experience and significant exposure to education coursework and \n        theory.\n            (3) Placing the teachers in schools and positions \n        designated by partner local educational agencies as high need \n        placements serving underserved students.\n            (4) Providing ongoing professional development activities \n        for the teachers' first 2 years in the classroom, including \n        regular classroom observations and feedback, and ongoing \n        training and support.\n    (b) Limitation.--The grantee shall use all grant funds received \nunder this Act to support activities related directly to the \nrecruitment, selection, training, and support of teachers as described \nin subsection (a).\n\nSEC. 6. EVALUATION.\n\n    (a) Annual Report.--The grantee shall provide to the Secretary an \nannual report that includes--\n            (1) data on the number and quality of the teachers provided \n        to local educational agencies through a grant under this Act;\n            (2) an externally conducted analysis of the satisfaction of \n        local educational agencies and principals with the teachers so \n        provided; and\n            (3) comprehensive data on the background of the teachers \n        chosen, the training the teachers received, the placement sites \n        of the teachers, the professional development of the teachers, \n        and the retention of the teachers.\n    (b) Study.--\n            (1) In general.--The Secretary shall provide for a study \n        that examines the achievement levels of the students taught by \n        the teachers assisted under this Act.\n            (2) Achievement gains compared.--The study shall compare, \n        within the same schools, the achievement gains made by students \n        taught by teachers who are assisted under this Act with the \n        achievement gains made by students taught by teachers who are \n        not assisted under this Act.\n            (3) Requirements.--The Secretary shall provide for such a \n        study not less than once every 3 years, and each such study \n        shall include multiple placement sites and multiple schools \n        within placement sites.\n            (4) Peer review standards.--Each such study shall meet the \n        peer review standards of the education research community.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n    There are authorized to be appropriated to carry out this Act such \nsums as may be necessary for fiscal year 2006 and an amount not to \nexceed $25,000,000 for each succeeding fiscal year.","title":""}
+{"_id":"c56","text":"SECTION 1. REFERENCES.\n\n    References in this Act to ``the Act'' are references to the Higher \nEducation Act of 1965 (20 U.S.C. 1001 et seq.).\n\nSEC. 2. WAIVERS AND MODIFICATIONS.\n\n    Notwithstanding any other provision of law, unless enacted with \nspecific reference to this section, the Secretary is authorized to \nwaive or modify any statutory or regulatory provision applicable to the \nstudent financial assistance programs under title IV of the Act, or any \nstudent or institutional eligibility provisions in the Act, as the \nSecretary deems necessary in connection with a Gulf hurricane disaster \nto ensure that--\n            (1) the calculation of expected family contribution under \n        section 474 of the Act used in the determination of need for \n        student financial assistance under title IV of the Act for any \n        affected student (and the determination of such need for his or \n        her family, if applicable), is modified to reflect any changes \n        in the financial condition of such affected student and his or \n        her family resulting from a Gulf hurricane disaster; and\n            (2) institutions of higher education, systems of \n        institutions, or consortia of institutions that are located in \n        an area affected by a Gulf hurricane disaster, or that are \n        serving affected students, are eligible, notwithstanding \n        section 486(d) of the Act, to apply for participation in the \n        distance education demonstration program under section 486 of \n        the Act, except that the Secretary shall include in reports \n        under section 486(f) of the Act an identification of those \n        institutions, systems, and consortia that were granted \n        participation in the demonstration program due to a Gulf \n        hurricane disaster.\n\nSEC. 3. CANCELLATION OF INSTITUTIONAL REPAYMENT BY COLLEGES AND \n              UNIVERSITIES AFFECTED BY A GULF HURRICANE DISASTER.\n\n    Notwithstanding any provision of title IV of the Act or any \nregulation issued thereunder, the Secretary shall cancel any obligation \nof an affected institution to return or repay any funds the institution \nreceived before the date of enactment of this Act for, or on behalf of, \nits students under subpart 1 or 3 of part A or parts B, C, D, or E of \ntitle IV of the Act for any cancelled enrollment period.\n\nSEC. 4. CANCELLATION OF STUDENT LOANS FOR CANCELLED ENROLLMENT PERIODS.\n\n    (a) Loan Forgiveness Authorized.--Notwithstanding any provision of \ntitle IV of the Act, the Secretary shall discharge all loan amounts \nunder parts B and D of title IV of the Act, and cancel any loan made \nunder part E of such title, disbursed to, or on behalf of, an affected \nstudent for a cancelled enrollment period.\n    (b) Reimbursement.--The Secretary shall--\n            (1) reimburse each affected institution for any amounts \n        discharged under subsection (a) with respect to a loan under \n        part E of title IV of the Act in the same manner as is required \n        by section 465(b) of the Act with respect to a loan cancelled \n        under section 465(a) of the Act; and\n            (2) reimburse lenders for the purpose of discharging any \n        loan amounts disbursed to, or on behalf of, an affected student \n        under part B of title IV of the Act for a cancelled enrollment \n        period.\n    (c) Limitation on Consolidation Loans.--A loan amount for a loan \nmade under section 428C of the Act or a Federal Direct Consolidation \nLoan may be eligible for discharge under this section only to the \nextent that such loan amount was used to repay a loan to an affected \nstudent for a cancelled enrollment period.\n    (d) Construction.--Nothing in this section shall be construed to \nauthorize any refunding of any repayment of a loan.\n\nSEC. 5. TEMPORARY DEFERMENT OF STUDENT LOAN REPAYMENT.\n\n    An affected individual who is a borrower of a qualified student \nloan or a qualified parent loan shall be granted a deferment, not in \nexcess of 6 months, during which periodic installments of principal \nneed not be paid, and interest--\n            (1) shall accrue and be paid by the Secretary, in the case \n        of a loan made under section 428, 428B, 428C, or 428H of the \n        Act;\n            (2) shall accrue and be paid by the Secretary to the \n        Perkins loan fund held by the institution of higher education \n        that made the loan, in the case of a loan made under part E of \n        title IV of the Act; and\n            (3) shall not accrue, in the case of a Federal Direct Loan \n        made under part D of such title.\n\nSEC. 6. NO AFFECT ON GRANT AND LOAN LIMITS.\n\n    Notwithstanding any provision of title IV of the Act or any \nregulation issued thereunder, no grant or loan funds received by an \naffected student under title IV of the Act for a cancelled enrollment \nperiod shall be counted against such affected student's annual or \naggregate grant or loan limits for the receipt of grants or loans under \nthat title.\n\nSEC. 7. TEACHER LOAN RELIEF.\n\n    The Secretary may waive the requirement of sections 428J(b)(1) and \n460(b)(1)(A) of the Act that the 5 years of qualifying service be \nconsecutive academic years for any teacher whose employment was \ninterrupted if--\n            (1) the teacher was employed in qualifying service, at the \n        time of a Gulf hurricane disaster, in a school located in an \n        area affected by a Gulf hurricane disaster; and\n            (2) the teacher resumes qualifying service not later than \n        the beginning of academic year 2006-2007 in that school or any \n        other school in which employment is qualifying service under \n        such section.\n\nSEC. 8. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR \n              PELL GRANTS.\n\n    (a) In General.--The Secretary shall make special efforts, in \nconjunction with State efforts, to notify affected students and if \napplicable, their parents, who qualify for means-tested Federal benefit \nprograms, of their potential eligibility for a maximum Pell Grant, and \nshall disseminate such informational materials as the Secretary deems \nappropriate.\n    (b) Means-Tested Federal Benefit Program.--For the purpose of this \nsection, the term ``means-tested Federal benefit program'' means a \nmandatory spending program of the Federal Government, other than a \nprogram under the Act, in which eligibility for the program's benefits, \nor the amount of such benefits, or both, are determined on the basis of \nincome or resources of the individual or family seeking the benefit, \nand may include such programs as the supplemental security income \nprogram under title XVI of the Social Security Act, the food stamp \nprogram under the Food Stamp Act of 1977, the free and reduced price \nschool lunch program established under the Richard B. Russell National \nSchool Lunch Act, the temporary assistance to needy families program \nestablished under part A of title IV of the Social Security Act, and \nthe women, infants, and children program established under section 17 \nof the Child Nutrition Act of 1966, and other programs identified by \nthe Secretary.\n\nSEC. 9. PROCEDURES.\n\n    (a) Deadlines and Procedures.--Sections 482(c) and 492 of the Act \nshall not apply to any waivers, modifications, or actions initiated by \nthe Secretary under this Act.\n    (b) Case-by-case Basis.--The Secretary is not required to exercise \nany waiver or modification authority under this Act on a case-by-case \nbasis.\n\nSEC. 10. TERMINATION OF AUTHORITY.\n\n    The authority of the Secretary to issue waivers or modifications \nunder this Act shall expire at the conclusion of the 2005-2006 academic \nyear, but the expiration of such authority shall not affect the \ncontinuing validity of any such waivers or modifications after such \nacademic year.\n\nSEC. 11. DEFINITIONS.\n\n    For purposes of this Act, except as otherwise specifically provided \nin this Act, the following terms have the following meanings:\n            (1) Affected individual.--The term ``affected individual'' \n        means an individual who has applied for or received student \n        financial assistance under title IV of the Higher Education Act \n        of 1965, and--\n                    (A) who is an affected student; or\n                    (B) whose primary place of employment or residency \n                was, as of August 29, 2005, in an area affected by a \n                Gulf hurricane disaster.\n            (2) Affected institution.--The term ``affected \n        institution'' means an institution of higher education that--\n                    (A) is located in an area affected by a Gulf \n                hurricane disaster; and\n                    (B) has temporarily ceased operations as a \n                consequence of a Gulf hurricane disaster, as determined \n                by the Secretary.\n            (3) Affected state.--The term ``affected State'' means the \n        State of Alabama, Florida, Louisiana, Mississippi, or Texas.\n            (4) Affected student.--The term ``affected student'' means \n        an individual who has applied for or received student financial \n        assistance under title IV of the Higher Education Act of 1965, \n        and who--\n                    (A) was enrolled or accepted for enrollment, as of \n                August 29, 2005, at an institution of higher education \n                in an area affected by a Gulf hurricane disaster;\n                    (B) was a dependent student enrolled or accepted \n                for enrollment at an institution of higher education \n                that is not in an area affected by a Gulf hurricane \n                disaster, but whose parents resided or were employed, \n                as of August 29, 2005, in an area affected by a Gulf \n                hurricane disaster; or\n                    (C) was enrolled or accepted for enrollment at an \n                institution of higher education, as of August 29, 2005, \n                and whose attendance was interrupted because of a Gulf \n                hurricane disaster.\n            (5) Area affected by a gulf hurricane disaster.--The term \n        ``area affected by a Gulf hurricane disaster'' means a county \n        or parish, in an affected State, that has been designated by \n        the Federal Emergency Management Agency for disaster assistance \n        for individuals and households as a result of Hurricane Katrina \n        or Hurricane Rita.\n            (6) Cancelled enrollment period.--The term ``cancelled \n        enrollment period'' means any period of enrollment at an \n        affected institution during the academic year 2005.\n            (7) Gulf hurricane disaster.--The term ``Gulf hurricane \n        disaster'' means a major disaster that the President declared \n        to exist, in accordance with section 401 of the Robert T. \n        Stafford Disaster Relief and Emergency Assistance Act, and that \n        was caused by Hurricane Katrina or Hurricane Rita.\n            (8) Institution of higher education.--The term \n        ``institution of higher education'' has the meaning given such \n        term in section 102 of the Higher Education Act of 1965, except \n        that the term does not include institutions under subsection \n        (a)(1)(C) of that section.\n            (9) Qualified student loan.--The term ``qualified student \n        loan'' means any loan made, insured, or guaranteed under part \n        B, D, or E of title IV of the Higher Education Act of 1965, \n        other than a loan under section 428B of such title or a Federal \n        Direct Plus loan.\n            (10) Qualified parent loan.--The term ``qualified parent \n        loan'' means a loan made under section 428B of title IV of the \n        Higher Education Act of 1965 or a Federal Direct Plus loan.\n            (11) Secretary.--The term ``Secretary'' means the Secretary \n        of Education.","title":""}
+{"_id":"c57","text":"SECTION 1. REMOVAL OF 18 OR 36 MONTH LIMITATION ON COBRA CONTINUATION \n              COVERAGE.\n\n    (a) Under ERISA.--\n            (1) In general.--Subparagraph (A) of section 602(2) of the \n        Employee Retirement Income Security Act of 1974 (29 U.S.C. \n        1162(2)) is amended to read as follows:\n                    ``(A) No specified maximum required period.--Except \n                as otherwise provided, there is no specified deadline \n                for the continuation coverage provided under this \n                part.''.\n            (2) Increased premium permitted for additional coverage.--\n        The last sentence of section 602(3) of such Act is amended to \n        read as follows: ``In the case of an individual who was \n        described in the last sentence of paragraph (2)(A), as in \n        effect before the amendment made by section 2(a)(1) of the \n        Health Insurance For Life Act of 2006, for any month after the \n        18th month of continuation coverage described in clause (i) or \n        (ii) of such paragraph and in the case of an individual whose \n        continuation coverage is only required under this part due to \n        such amendment, any reference in subparagraph (A) of this \n        paragraph to `102 percent' is deemed a reference to such \n        percentage as the Secretary of Health and Human Services \n        determines (from time to time and after consultation with the \n        Secretary of Labor and the Secretary of the Treasury) that if \n        were applied during the period of the first 18 months of \n        continuation coverage under this part would have resulted in a \n        premium equal to the average monthly actuarial cost of such \n        continuation coverage.''.\n    (b) Under IRC.--\n            (1) In general.--Clause (i) of section 4980B(f)(2)(B) of \n        the Internal Revenue Code of 1986 (relating to maximum required \n        period of continuation coverage) is amended to read as follows:\n                            ``(i) No specified maximum required \n                        period.--Except as otherwise provided, there is \n                        no specified deadline for the continuation \n                        coverage provided under this section.''.\n            (2) Increased premium permitted for additional coverage.--\n        The last sentence of section 4980B(f)(2)(C) of such Code is \n        amended to read as follows: ``In the case of an individual who \n        was described in the last sentence of subparagraph (B)(i), as \n        in effect before the amendment made by section 2(b)(1) of the \n        Health Insurance For Life Act of 2006, for any month after the \n        18th month of continuation coverage described in subclause (I) \n        or (II) of such subparagraph and in the case of an individual \n        whose continuation coverage is only required under this section \n        due to such amendment, any reference in clause (i) of this \n        subparagraph to `102 percent' is deemed a reference to such \n        percentage as the Secretary of Health and Human Services \n        determines from time to time under the last sentence of section \n        602(e) of the Employee Retirement Income Security Act of \n        1974.''.\n    (c) Under PHSA.--\n            (1) In general.--Subparagraph (A) of section 2202(2) of the \n        Public Health Service Act (42 U.S.C. 300bb-2(2)) is amended to \n        read as follows:\n                    ``(A) No specified maximum required period.--Except \n                as otherwise provided, there is no specified deadline \n                for the continuation coverage provided under this \n                part.''.\n            (2) Increased premium permitted for additional coverage.--\n        The last sentence of section 2202(3) of such Act is amended to \n        read as follows: ``In the case of an individual who was \n        described in the last sentence of paragraph (2)(A), as in \n        effect before the amendment made by section 2(c)(1) of the \n        Health Insurance For Life Act of 2006, for any month after the \n        18th month of continuation coverage described in clause (i) or \n        (ii) of such paragraph and in the case of an individual whose \n        continuation coverage is only required under this part due to \n        such amendment, any reference in subparagraph (A) of this \n        paragraph to `102 percent' is deemed a reference to such \n        percentage as the Secretary of Health and Human Services \n        determines from time to time under the last sentence of section \n        602(e) of the Employee Retirement Income Security Act of \n        1974.''.\n    (d) FEHBP.--\n            (1) In general.--Subsection (e) of section 8905a of title \n        5, United States Code, is amended to read as follows:\n    ``(e) Continuation coverage under this section shall not extend \nbeyond the period of continuation required under section 602(2) of the \nEmployee Retirement Income Security Act of 1974 for a group health plan \ncovered under such section.''.\n            (2) Increased premium permitted for additional coverage.--\n        Section 8905a(d) of such title is amended--\n                    (A) in paragraph (1)(A), by striking ``and (5)'' \n                and inserting ``, (5), and (6)'';\n                    (B) in paragraph (4)(A), in the matter before \n                clause (i), by inserting ``for periods of continuation \n                coverage not resulting from the amendment made by \n                section 2(d)(1) of the Health Insurance For Life Act of \n                2006'' after ``National Nuclear Security \n                Administration'';\n                    (C) in paragraph (5)(A), in the matter before \n                clause (i), by inserting ``for periods of continuation \n                coverage not resulting from the amendment made by \n                section 2(d)(1) of the Health Insurance For Life Act of \n                2006'' after ``Atomic Energy Defense Act''; and\n                    (D) by adding at the end the following new \n                paragraph:\n    ``(6) In the case of any period of continuation coverage under this \nsection resulting from the amendment made by section 2(d)(1) of the \nHealth Insurance For Life Act of 2006, the amount required to be paid \nunder this subsection shall be equal to a percentage (equal to such \npercentage as the Secretary of Health and Human Services determines \nfrom time to time under the last sentence of section 602(e) of the \nEmployee Retirement Income Security Act of 1974) applied to the amount \ndescribed in paragraph (1)(A)(i).''.\n    (e) Effective Date.--\n            (1) In general.--Subject to paragraph (2), the amendments \n        made by subsections (a) through (c) shall apply with respect to \n        group health plans, and health insurance coverage offered in \n        connection with group health plans, for plan years beginning \n        after the date of the enactment of this Act and the amendments \n        made by subsection (d) shall apply to contract years beginning \n        after the date of the enactment of this Act.\n            (2)  Treatment of collective bargaining agreements.--In the \n        case of a group health plan maintained pursuant to 1 or more \n        collective bargaining agreements between employee \n        representatives and 1 or more employers ratified before the \n        date of enactment of this Act, the amendments made by \n        subsections (a) through (c) shall not apply to plan years \n        beginning before the later of--\n                    (A) the date on which the last collective \n                bargaining agreements relating to the plan terminates \n                (determined without regard to any extension thereof \n                agreed to after the date of enactment of this Act); or\n                    (B) 2 years after the date of the enactment of this \n                Act.\n        For purposes of subparagraph (A), any plan amendment made \n        pursuant to a collective bargaining agreement relating to the \n        plan which amends the plan solely to conform to any requirement \n        added by this section shall not be treated as a termination of \n        such collective bargaining agreement.","title":""}
+{"_id":"c58","text":"SECTION 1. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.\n\n    (a) Definitions.--In this Act:\n            (1) Essential mineral right.--The term ``essential mineral \n        right'' means a right to mine sand and gravel at Rocky Flats, \n        as depicted on the map.\n            (2) Fair market value.--The term ``fair market value'' \n        means the value of an essential mineral right, as determined by \n        an appraisal performed by an independent, certified mineral \n        appraiser under the Uniform Standards of Professional Appraisal \n        Practice.\n            (3) Map.--The term ``map'' means the map entitled ``Rocky \n        Flats National Wildlife Refuge'', dated July 25, 2005, and \n        available for inspection in appropriate offices of the United \n        States Fish and Wildlife Service and the Department of Energy.\n            (4) Natural resource damage liability claim.--The term \n        ``natural resource damage liability claim'' means a natural \n        resource damage liability claim under subsections (a)(4)(C) and \n        (f) of section 107 of the Comprehensive Environmental Response, \n        Compensation, and Liability Act of 1980 (42 U.S.C. 9607) \n        arising from hazardous substances releases at or from Rocky \n        Flats that, as of the date of enactment of this Act, are \n        identified in the administrative record for Rocky Flats \n        required by the National Oil and Hazardous Substances Pollution \n        Contingency Plan prepared under section 105 of that Act (42 \n        U.S.C. 9605).\n            (5) Rocky flats.--The term ``Rocky Flats'' means the \n        Department of Energy facility in the State of Colorado known as \n        the ``Rocky Flats Environmental Technology Site''.\n            (6) Secretary.--The term ``Secretary'' means the Secretary \n        of Energy.\n            (7) Trustees.--The term ``Trustees'' means the Federal and \n        State officials designated as trustees under section 107(f)(2) \n        of the Comprehensive Environmental Response, Compensation, and \n        Liability Act of 1980 (42 U.S.C. 9607(f)(2)).\n    (b) Purchase of Essential Mineral Rights.--\n            (1) In general.--Not later than 1 year after the date of \n        enactment of this Act, such amounts authorized to be \n        appropriated under subsection (c) shall be available to the \n        Secretary to purchase essential mineral rights at Rocky Flats.\n            (2) Conditions.--The Secretary shall not purchase an \n        essential mineral right under paragraph (1) unless--\n                    (A) the owner of the essential mineral right is a \n                willing seller; and\n                    (B) the Secretary purchases the essential mineral \n                right for an amount that does not exceed fair market \n                value.\n            (3) Limitation.--Only those funds authorized to be \n        appropriated under subsection (c) shall be available for the \n        Secretary to purchase essential mineral rights under paragraph \n        (1).\n            (4) Release from liability.--Notwithstanding any other law, \n        any natural resource damage liability claim shall be considered \n        to be satisfied by--\n                    (A) the purchase by the Secretary of essential \n                mineral rights under paragraph (1) for consideration in \n                an amount equal to $10,000,000;\n                    (B) the payment by the Secretary to the Trustees of \n                $10,000,000; or\n                    (C) the purchase by the Secretary of any portion of \n                the mineral rights under paragraph (1) for--\n                            (i) consideration in an amount less than \n                        $10,000,000; and\n                            (ii) a payment by the Secretary to the \n                        Trustees of an amount equal to the difference \n                        between--\n                                    (I) $10,000,000; and\n                                    (II) the amount paid under clause \n                                (i).\n            (5) Use of funds.--\n                    (A) In general.--Any amounts received under \n                paragraph (4) shall be used by the Trustees for the \n                purposes described in section 107(f)(1) of the \n                Comprehensive Environmental Response, Compensation, and \n                Liability Act of 1980 (42 U.S.C. 9607(f)(1)), \n                including--\n                            (i) the purchase of additional mineral \n                        rights at Rocky Flats; and\n                            (ii) the development of habitat restoration \n                        projects at Rocky Flats.\n                    (B) Condition.--Any expenditure of funds under this \n                paragraph shall be made jointly by the Trustees.\n                    (C) Additional funds.--The Trustees may use the \n                funds received under paragraph (4) in conjunction with \n                other private and public funds.\n            (6) Exemption from national environmental policy act.--Any \n        purchases of mineral rights under this subsection shall be \n        exempt from the National Environmental Policy Act of 1969 (42 \n        U.S.C. 4321 et seq.).\n            (7) Rocky flats national wildlife refuge.--\n                    (A) Transfer of management responsibilities.--The \n                Rocky Flats National Wildlife Refuge Act of 2001 (16 \n                U.S.C. 668dd note; Public Law 107-107) is amended--\n                            (i) in section 3175--\n                                    (I) by striking subsections (b) and \n                                (f); and\n                                    (II) by redesignating subsections \n                                (c), (d), and (e) as subsections (b), \n                                (c), and (d), respectively; and\n                            (ii) in section 3176(a)(1), by striking \n                        ``section 3175(d)'' and inserting ``section \n                        3175(c)''.\n                    (B) Boundaries.--Section 3177 of the Rocky Flats \n                National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd \n                note; Public Law 107-107) is amended by striking \n                subsection (c) and inserting the following:\n    ``(c) Composition.--\n            ``(1) In general.--Except as provided in paragraph (2), the \n        refuge shall consist of land within the boundaries of Rocky \n        Flats, as depicted on the map--\n                    ``(A) entitled `Rocky Flats National Wildlife \n                Refuge';\n                    ``(B) dated July 25, 2005; and\n                    ``(C) available for inspection in the appropriate \n                offices of the United States Fish and Wildlife Service \n                and the Department of Energy.\n            ``(2) Exclusions.--The refuge does not include--\n                    ``(A) any land retained by the Department of Energy \n                for response actions under section 3175(c);\n                    ``(B) any land depicted on the map described in \n                paragraph (1) that is subject to 1 or more essential \n                mineral rights described in section 3114(a) of the \n                National Defense Authorization Act for Fiscal Year 2006 \n                over which the Secretary shall retain jurisdiction of \n                the surface estate until the essential mineral rights--\n                            ``(i) are purchased under subsection (b) of \n                        that Act; or\n                            ``(ii) are mined and reclaimed by the \n                        mineral rights holders in accordance with \n                        requirements established by the State of \n                        Colorado; and\n                    ``(C) the land depicted on the map described in \n                paragraph (1) on which essential mineral rights are \n                being actively mined as of the date of enactment of \n                this subparagraph until--\n                            ``(i) the essential mineral rights are \n                        purchased; or\n                            ``(ii) the surface estate is reclaimed by \n                        the mineral rights holder in accordance with \n                        requirements established by the State of \n                        Colorado.\n            ``(3) Acquisition of additional land.--Notwithstanding \n        paragraph (2), upon the purchase of the mineral rights or \n        reclamation of the land depicted on the map described in \n        paragraph (1), the Secretary shall--\n                    ``(A) transfer the land to the Secretary of the \n                Interior for inclusion in the refuge; and\n                    ``(B) the Secretary of the Interior shall--\n                            ``(i) accept the transfer of the land; and\n                            ``(ii) manage the land as part of the \n                        refuge.''.\n    (c) Funding.--Of the amounts authorized to be appropriated to the \nSecretary for the Rocky Flats Environmental Technology Site for fiscal \nyear 2006, $10,000,000 shall be made available to the Secretary for the \npurposes described in subsection (b).","title":""}
+{"_id":"c59","text":"SECTION 1. SHORT TITLE\n\n    This Act may be cited as the ``Immunization Now Act of 1993''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds, with respect to immunizations against vaccine-\npreventable diseases, the following:\n            (1) Childhood illnesses that can be prevented by timely \n        application of commonly available vaccinations, through a \n        program of Federal and local cooperation, are rising at an \n        alarming rate.\n            (2) The incidence of measles increased 336 percent in 1989, \n        increasing to eighteen thousand one hundred ninety three cases \n        from three thousand three hundred ninety six in 1988.\n            (3) The cost of appropriate immunizations is minimal. One \n        estimate places that cost at $130 per child.\n            (4) The typical price per dose of a measles, mumps, rubella \n        vaccine is approximately $24 to the practitioner and the \n        average cost of hospitalization for a child with measles is \n        approximately $5,000-$6,000.\n            (5) A child who was not immunized from measles died in a \n        California hospital after $800,000 was spent in an effort to \n        treat the child's measles complications.\n            (6) In November 1990 the measles rate for the year had \n        already surpassed the rates of other full years since 1978 and \n        deaths from measles are the highest since 1971. Measles caused \n        more than sixty deaths in 1990, the largest annual number of \n        reported cases due to measles in almost two decades.\n            (7) Fifty four percent of measles cases occur among \n        vaccine-eligible infants and preschool children who have not \n        been vaccinated.\n            (8) One-third to one-half of children up to age two who \n        live in poor, inner-city areas are not properly immunized.\n            (9) Preschool children in other Western, industrialized \n        nations have significantly higher immunization rates than \n        United States children of the same age group.\n            (10) There are seven to nine million uninsured children in \n        the United States.\n            (11) While programs to immunize school-aged children have \n        been very successful, preschoolers as a group now make up 47 \n        percent of measles cases, up from 25 percent in 1988.\n            (12) Computerized systems of tracking immunization status \n        and utilization from birth have been operationalized in several \n        countries, including Great Britain and the Netherlands. Such \n        systems can aid in surveillance of immunization status, \n        provision of reminders to parents when vaccines are due, and \n        monitoring the distribution of vaccines through public and \n        private providers.\n\nSEC. 3. ESTABLISHMENT OF ENTITLEMENT PROGRAM REGARDING IMMUNIZATION OF \n              INFANTS AGAINST VACCINE-PREVENTABLE DISEASES.\n\n    (a) In General.--Each infant in the United States--\n            (1) who has not reached the infant's second birthday,\n            (2) who is a citizen or national of the United States, an \n        alien lawfully admitted for permanent residence, or other alien \n        permanently in the United States under color of law, and\n            (3) who is not entitled under a health insurance policy or \n        other health benefit plan to receive (or have any payment made \n        for the expenses of) any immunization specified under section \n        7, is entitled to receive without charge, in accordance with \n        this Act, immunizations against vaccine-preventable diseases.\n    (b) Implementation Through System of Vouchers.--The entitlement \nestablished in subsection (a) shall be implemented through the use of \nvouchers issued under section 5. Such vouchers represent the obligation \nof the Federal Government to pay, subject to section 6, the costs of \nproviding the immunizations specified under section 7 for the infants \nfor whom the vouchers are issued.\n\nSEC. 4. OBLIGATION TO PROVIDE IMMUNIZATIONS.\n\n    (a) In General.--Any licensed health care professional or provider \nwho or which is authorized by law to provide immunizations specified \nunder section 7 and who or which is engaged in the public or private \npractice of pediatrics or family medicine shall provide the \nimmunizations specified under section 7 that are appropriate for the \nage of the infant involved if a voucher issued under section 5 for the \ninfant is presented to the professional or provider.\n    (b) Applicability.--The requirement established in subsection (a) \nshall apply to a professional or provider without regard to whether the \nprofessional or provider provides health services as a participant in \nthe program established in title XVIII of the Social Security Act or \nthe program established in title XIX of such Act, and without regard to \nwhether the professional or provider otherwise receives Federal \npayments or Federal financial assistance for any purpose.\n\nSEC. 5. ISSUANCE OF VOUCHERS.\n\n    (a) In General.--The Secretary of Health and Human Services shall \nprovide for the issuance of vouchers for purposes of section 3(b). Each \nsuch voucher shall--\n            (1) bear a seal for purposes of indicating that the voucher \n        has been issued for purposes of the entitlement established in \n        section 3(a);\n            (2) contain the name of the infant for whom the voucher is \n        issued and the name and address of not less than one parent of \n        the infant;\n            (3) in summary form state the principal legal rights and \n        obligations arising with respect to the voucher; and\n            (4) contain a simple explanation of what immunizations are \n        needed and why.\n    (b) Eligibility.--A voucher shall not be issued under this section \nwith respect to an infant unless the infant is described in section \n3(a) and an application for the voucher has been made and signed by a \nparent of the infant.\n    (c) Application for Issuance.--\n            (1) Hospitals.--The Secretary shall provide for a process \n        by which a hospital, in which an infant eligible for a voucher \n        is born, issues the voucher to the parent of the infant at the \n        time of birth if the hospital determines, based on information \n        supplied by the parent, that the infant is described in section \n        3(a). Under the process, the hospital shall complete the \n        application for the voucher on behalf of the infant, obtain the \n        signature of a parent as to the accuracy of the information \n        supplied, and forward the application to the Secretary.\n            (2) Community health centers.--The Secretary shall provide \n        for a process by which a community health center issues a \n        voucher to the parent of an infant if--\n                    (A) based upon information supplied by the parent \n                to the center, the center determines that the infant is \n                described in section 3(a) and a voucher has not been \n                previously issued with respect to the infant, and\n                    (B) the infant is a patient at the center.\n        Under the process, the center shall complete the application \n        for the voucher on behalf of the infant, obtain the signature \n        of a parent as to the accuracy of the information supplied, and \n        forward the application to the Secretary.\n            (3) Secretary.--In cases not described in paragraph (1) or \n        (2), the Secretary shall provide for direct issuance of a \n        voucher to a parent of an infant described in section 3(a) upon \n        application by the parent.\n\nSEC. 6. REIMBURSEMENT FOR PROVISION OF IMMUNIZATIONS.\n\n    (a) In General.--In the case of a professional or provider \nproviding immunizations pursuant to the presentation of vouchers issued \nunder section 5, the Secretary shall make a single payment to the \nprofessional or provider each quarter of the fiscal year as \nreimbursement for the costs of immunizations provided in the preceding \nquarter if--\n            (1) the professional or provider submits to the Secretary \n        the vouchers involved;\n            (2) the Secretary determines that the vouchers were \n        obtained, and the immunizations involved were provided, in \n        accordance with this Act; and\n            (3) the vouchers are submitted to the Secretary in \n        accordance with such procedures and meet such requirements as \n        the Secretary determines to be necessary to carry out paragraph \n        (2).\n    (b) Amount of Reimbursement.--The Secretary shall establish amounts \nof reimbursement that will be provided for types of immunizations \nspecified under section 7. Each such reimbursement shall include \nreimbursement both for the vaccine and for the professional service of \nproviding the immunization.\n\nSEC. 7. SPECIFICATION OF IMMUNIZATIONS.\n\n    The immunizations specified in this section are such immunizations \nas may be established by the Secretary based on the recommendations of \nthe Advisory Committee on Immunization Practice of the Centers for \nDisease \nControl.\n\nSEC. 8. GENERAL PROVISIONS.\n\n    (a) Provision of Information Regarding Program.--The Secretary \nshall carry out activities--\n            (1) to inform the public of the entitlement established in \n        section 3(a), including the manner in which an application \n        under section 5(c) may be obtained; and\n            (2) to inform professionals and providers of their legal \n        rights and obligations regarding vouchers issued under section \n        5.\n    (b) Regulations.--The Secretary shall by regulation issue criteria \nfor carrying out sections 3 through 7. For purposes of the preceding \nsentence, the final rule shall be issued not later than ninety days \nafter the date of the enactment of this Act.\n    (c) Applicability.--The entitlement established in section 3(a) \nshall apply upon the expiration of the forty-five day period beginning \non the date on which the final rule referred to in subsection (b) is \nrequired under such subsection to be issued.\n    (d) Definitions.--For purposes of this Act:\n            (1) The term ``Secretary'' means the Secretary of Health \n        and Human Services.\n            (2) The term ``parent'' means any parent, step-parent, \n        grandparent, or duly appointed guardian.\n            (3) The term ``United States'' includes Puerto Rico, Guam, \n        the Virgin Islands, American Samoa, and the Northern Mariana \n        Islands.\n    (e) Authorization of Appropriations.--For the purpose of carrying \nout this Act, there are authorized to be appropriated such sums as may \nbe necessary for fiscal year 1994 and each subsequent fiscal year.\n\nSEC. 9. NATIONAL IMMUNIZATION REGISTRY SYSTEM.\n\n    (a) In General.--The Secretary, acting through the Director of the \nCenters for Disease Control, shall establish a national immunization \nregistry system (in this section referred to as the ``registry''). The \npurpose of the system is to provide for national surveillance of \nchildhood immunization status through age six.\n    (b) 2-Year Research and Demonstration Phase.--\n            (1) In general.--The Secretary shall make grants to public \n        and nonprofit private entities to conduct research and \n        demonstration projects aimed at identifying mechanisms and \n        structures to develop the registry, including--\n                    (A) projects to test methods for collecting birth \n                certificate and immunization information in a large \n                central data system;\n                    (B) projects to evaluate the capacity of public \n                health agencies to provide birth certificate and \n                immunization information in a cost-effective and \n                efficient manner;\n                    (C) projects to assess techniques for tracking \n                children in mobile populations across geographic areas;\n                    (D) projects to explore the feasibility of a \n                registry which requires the participation by private \n                providers of immunization services; and\n                    (E) projects to demonstrate the efficient use of \n                registry information in providing immunization status.\n            (2) Authorization of appropriations.--There are authorized \n        to be appropriated to carry out this subsection $7,000,000 in \n        fiscal year 1994 and $12,000,000 in fiscal year 1995.\n    (c) Enhancement of Information Systems.--\n            (1) In general.--The Secretary, based on projects conducted \n        under subsection (b), shall expand the registry to cover the \n        entire Nation. In doing this, the Secretary shall--\n                    (A) develop the capacity to link and process all \n                birth certificate records through a central registry;\n                    (B) enhance State and local technical capacity to \n                provide information through use of resources (such as \n                new computer hardware and software or technical \n                assistance);\n                    (C) promote participation by private providers who \n                administer childhood vaccines; and\n                    (D) develop mechanisms to collect information on \n                all doses of vaccine administered to preschool age \n                children in both the public and private sectors.\n            (2) Authorization of appropriations.--There are authorized \n        to be appropriated to carry out this subsection $50,000,000 in \n        fiscal year 1996.\n    (d) Full Implementation.--\n            (1) In general.--Beginning with fiscal year 1997, the \n        Secretary shall provide for full implementation of the \n        registry. In implementing such registry, the Secretary shall \n        provide that--\n                    (A) all infants born in the United States are \n                registered through birth certificate information that \n                relates to immunization tracking and vaccine \n                administration;\n                    (B) information on doses of vaccines administered \n                to all children under six years of age is collected;\n                    (C) appropriate notices are provided to parents \n                regarding overdue vaccinations; and\n                    (D) appropriate records are provided to parents for \n                their children entering schools or day care programs.\n        The Secretary shall include information on the operation of the \n        registry with annual reports submitted to Congress on the \n        operation of the vaccine system provided under the other \n        provisions of this Act.\n            (2) Authorization of appropriations.--There are authorized \n        to be appropriated to carry out this subsection $50,000,000 in \n        each fiscal year, beginning with fiscal year 1997.","title":""}
+{"_id":"c6","text":"SECTION 1. ALLOCATION OF NATIONAL LIMITATION ON QUALIFIED SCHOOL \n              CONSTRUCTION BONDS; APPLICATION OF DAVIS-BACON ACT TO \n              PROJECTS FINANCED WITH BONDS.\n\n    (a) In General.--Title XII of the Elementary and Secondary \nEducation Act of 1965 (20 U.S.C. 8501 et seq.) is amended--\n            (1) by redesignating sections 12004 through 12013 as \n        sections 12101 through 12110, respectively;\n            (2) by inserting before section 12101 (as so redesignated) \n        the following:\n\n  ``PART A--GRANTS FOR IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY \n                        EDUCATION FACILITIES'';\n\n        and\n            (3) by adding at the end the following:\n\n             ``PART B--QUALIFIED SCHOOL CONSTRUCTION BONDS\n\n``SEC. 12201. ALLOCATION WITH RESPECT TO QUALIFIED SCHOOL CONSTRUCTION \n              BONDS.\n\n    ``(a) Qualified School Construction Bond.--\n            ``(1) In general.--For purposes of this part, the term \n        `qualified school construction bond' means any bond issued as \n        part of an issue if--\n                    ``(A) a taxpayer who holds the bond is allowed a \n                credit under the Internal Revenue Code of 1986;\n                    ``(B) 95 percent or more of the proceeds of such \n                issue are to be used for the construction, \n                rehabilitation, or repair of a public school facility;\n                    ``(C) the bond is issued by a State or local \n                government within the jurisdiction of which such school \n                is located; and\n                    ``(D) the issuer designates such bond for purposes \n                of this section and the Internal Revenue Code of 1986.\n            ``(2) Temporary period exception.--A bond shall not be \n        treated as failing to meet the requirement of paragraph (1)(B) \n        solely by reason of the fact that the proceeds of the issue of \n        which such bond is a part are invested for a reasonable \n        temporary period (but not more than 36 months) until such \n        proceeds are needed for the purpose for which such issue was \n        issued. Any earnings on such proceeds during such period shall \n        be treated as proceeds of the issue for purposes of applying \n        paragraph (1)(B).\n    ``(b) National Limitation on Amount of Bonds Designated.--In any \ncase in which there is imposed a national limitation on the maximum \naggregate face amount of bonds issued during any calendar year which \nmay be designated as qualified school construction bonds, such \nlimitation shall be allocated in accordance with this section.\n    ``(c) One-Third of Limitation Allocated Among States.--\n            ``(1) In general.--One-third of the limitation applicable \n        under subsection (b) for any calendar year shall be allocated \n        among the States under paragraph (2) by the Secretary. The \n        limitation amount allocated to a State under the preceding \n        sentence shall be allocated by the State educational agency to \n        issuers within such State and such allocations may be made only \n        if there is an approved State application.\n            ``(2) Allocation formula.--The amount to be allocated under \n        paragraph (1) for any calendar year shall be allocated among \n        the States in proportion to the respective amounts each such \n        State received for Basic Grants under subpart 2 of part A of \n        title I of this Act for the most recent fiscal year ending \n        before such calendar year. For purposes of the preceding \n        sentence, Basic Grants attributable to large local educational \n        agencies (as defined in subsection (d)), and Basic Grants \n        attributable to high-growth local educational agencies (as \n        defined in subsection (e)), shall be disregarded.\n            ``(3) Minimum allocations to states.--\n                    ``(A) In general.--The Secretary shall adjust the \n                allocations under this subsection for any calendar year \n                for each State to the extent necessary to ensure that \n                the sum of--\n                            ``(i) the amount allocated to such State \n                        under this subsection for such year; and\n                            ``(ii) the aggregate amounts allocated \n                        under subsections (d) and (e) to local \n                        educational agencies in such State for such \n                        year;\n                is not less than an amount equal to such State's \n                minimum percentage of one-third of the national \n                qualified school construction bond limitation referred \n                to in subsection (b) for the calendar year.\n                    ``(B) Minimum percentage.--A State's minimum \n                percentage for any calendar year is the minimum \n                percentage described in section 1124(d) for such State \n                for the most recent fiscal year ending before such \n                calendar year.\n            ``(4) Allocations to certain possessions.--The amount to be \n        allocated under paragraph (1) to any possession of the United \n        States (as such term is used in the Internal Revenue Code of \n        1986) other than Puerto Rico shall be the amount which would \n        have been allocated if all allocations under paragraph (1) were \n        made on the basis of respective populations of individuals \n        below the poverty line (as defined by the Office of Management \n        and Budget). In making other allocations, the amount to be \n        allocated under paragraph (1) shall be reduced by the aggregate \n        amount allocated under this paragraph to possessions of the \n        United States.\n            ``(5) Approved state application.--For purposes of \n        paragraph (1), the term `approved State application' means an \n        application which is approved by the Secretary and which \n        includes--\n                    ``(A) the results of a recent publicly available \n                survey (undertaken by the State with the involvement of \n                local education officials, members of the public, and \n                experts in school construction and management) of such \n                State's needs for public school facilities, including \n                descriptions of--\n                            ``(i) health and safety problems at such \n                        facilities;\n                            ``(ii) the capacity of public schools in \n                        the State to house projected enrollments; and\n                            ``(iii) the extent to which the public \n                        schools in the State offer the physical \n                        infrastructure needed to provide a high-quality \n                        education to all students; and\n                    ``(B) a description of how the State will allocate \n                to local educational agencies, or otherwise use, its \n                allocation under this subsection to address the needs \n                identified under subparagraph (A), including a \n                description of how it will--\n                            ``(i) give highest priority to localities \n                        with the greatest needs, as demonstrated by \n                        inadequate school facilities coupled with a low \n                        level of resources to meet those needs;\n                            ``(ii) use its allocation under this \n                        subsection to assist localities that lack the \n                        fiscal capacity to issue bonds on their own; \n                        and\n                            ``(iii) ensure that its allocation under \n                        this subsection is used only to supplement, and \n                        not supplant, the amount of school \n                        construction, rehabilitation, and repair in the \n                        State that would have occurred in the absence \n                        of such allocation.\n        Any allocation under paragraph (1) by a State education agency \n        shall be binding if such agency reasonably determined that the \n        allocation was in accordance with the plan approved under this \n        paragraph.\n    ``(d) One-Third of Limitation Allocated Among Largest School \nDistricts.--\n            ``(1) In general.--One-third of the limitation applicable \n        under subsection (b) for any calendar year shall be allocated \n        under paragraph (2) by the Secretary among local educational \n        agencies which are large local educational agencies for such \n        year. No qualified school construction bond may be issued by \n        reason of an allocation to a large local educational agency \n        under the preceding sentence unless such agency has an approved \n        local application.\n            ``(2) Allocation formula.--The amount to be allocated under \n        paragraph (1) for any calendar year shall be allocated among \nlarge local educational agencies in proportion to the respective \namounts each such agency received for Basic Grants under subpart 2 of \npart A of title I of this Act for the most recent fiscal year ending \nbefore such calendar year.\n            ``(3) Large local educational agency.--For purposes of this \n        section, the term `large local educational agency' means, with \n        respect to a calendar year, any local educational agency (other \n        than a high-growth local educational agency, as defined in \n        subsection (e)) if such agency is--\n                    ``(A) among the 100 local educational agencies with \n                the largest numbers of children aged 5 through 17 from \n                families living below the poverty level, as determined \n                by the Secretary using the most recent data available \n                from the Department of Commerce that are satisfactory \n                to the Secretary; or\n                    ``(B) 1 of not more than 25 local educational \n                agencies (other than those described in clause (i)) \n                that the Secretary determines (based on the most recent \n                data available satisfactory to the Secretary) are in \n                particular need of assistance, based on a low level of \n                resources for school construction, a high level of \n                enrollment growth, or such other factors as the \n                Secretary deems appropriate.\n            ``(4) Approved local application.--For purposes of \n        paragraph (1), the term `approved local application' means an \n        application which is approved by the Secretary and which \n        includes--\n                    ``(A) the results of a recent publicly-available \n                survey (undertaken by the local educational agency with \n                the involvement of school officials, members of the \n                public, and experts in school construction and \n                management) of such agency's needs for public school \n                facilities, including descriptions of--\n                            ``(i) the overall condition of the local \n                        educational agency's school facilities, \n                        including health and safety problems;\n                            ``(ii) the capacity of the agency's schools \n                        to house projected enrollments; and\n                            ``(iii) the extent to which the agency's \n                        schools offer the physical infrastructure \n                        needed to provide a high-quality education to \n                        all students;\n                    ``(B) a description of how the local educational \n                agency will use its allocation under this subsection to \n                address the needs identified under subparagraph (A); \n                and\n                    ``(C) a description of how the local educational \n                agency will ensure that its allocation under this \n                subsection is used only to supplement, and not \n                supplant, the amount of school construction, \n                rehabilitation, or repair in the locality that would \n                have occurred in the absence of such allocation.\n        A rule similar to the rule of the last sentence of subsection \n        (c)(5) shall apply for purposes of this subsection.\n    ``(e) One-Third of Limitation Allocated Among High-Growth School \nDistricts.--\n            ``(1) In general.--One-third of the limitation applicable \n        under subsection (b) for any calendar year shall be allocated \n        under paragraph (2) by the Secretary among local educational \n        agencies which are high-growth local educational agencies for \n        such year. No qualified school construction bond may be issued \n        by reason of an allocation to a high-growth local educational \n        agency under the preceding sentence unless such agency has an \n        approved local application (as defined in subsection (d)(4)). A \n        rule similar to the rule of the last sentence of subsection \n        (c)(5) shall apply for purposes of this subsection.\n            ``(2) Allocation formula.--The amount to be allocated under \n        paragraph (1) for any calendar year shall be allocated among \n        high-growth local educational agencies in proportion to the \n        respective amounts each such agency received for Basic Grants \n        under subpart 2 of part A of title I of this Act for the most \n        recent fiscal year ending before such calendar year.\n            ``(3) High-growth local educational agency.--For purposes \n        of this section, the term `high-growth local educational \n        agency' means, with respect to a calendar year, any local \n        educational agency if--\n                    ``(A) there has been at least a 7.5 percent \n                increase in such agency's enrollment during the 5-year \n                period ending with the preceding calendar year; and\n                    ``(B) such enrollment increase exceeds 150 \n                students.\n    ``(f) Carryover of Unused Limitation.--If for any calendar year--\n            ``(1) the amount allocated under subsection (c) to any \n        State; exceeds\n            ``(2) the amount of bonds issued during such year which are \n        designated as qualified school construction bonds pursuant to \n        such allocation;\nthe limitation amount under such subsection for such State for the \nfollowing calendar year shall be increased by the amount of such \nexcess. A similar rule shall apply to the amounts allocated under \nsubsections (d) and (e).\n    ``(g) Other Definitions.--For purposes of this section:\n            ``(1) Local educational agency.--The term `local \n        educational agency' has the meaning given to such term by \n        section 14101. Such term includes the local educational agency \n        that serves the District of Columbia but does not include any \n        other State agency.\n            ``(2) Bond.--The term `bond' includes any obligation.\n            ``(3) Public school facility.--The term `public school \n        facility' shall not include any stadium or other facility \n        primarily used for athletic contests or exhibitions or other \n        events for which admission is charged to the general public.\n\n``SEC. 12202. APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH \n              QUALIFIED SCHOOL CONSTRUCTION BONDS.\n\n    ``The wage requirements of the Act of March 3, 1931 (40 U.S.C. 276a \net seq.) (commonly referred to as the `Davis-Bacon Act') shall apply \nwith respect to individuals employed on school construction, \nrehabilitation, or repair projects financed with the proceeds from an \nissuance of qualified school construction bonds.''.\n    (b) Conforming Amendments.--Title XII of such Act is amended--\n            (1) in sections 12101 through 12110 (as so redesignated), \n        by striking ``this title'' each place it appears and inserting \n        ``this part'';\n            (2) in section 12101(a)(1) (as so redesignated)--\n                    (A) by striking ``section 12013'' and inserting \n                ``section 12110'';\n                    (B) by striking ``section 12005'' and inserting \n                ``section 12102''; and\n                    (C) by striking ``section 12007'' and inserting \n                ``section 12104'';\n            (3) in section 12101(a)(2) (as so redesignated), by \n        striking ``section 12013'' and inserting ``section 12110''; and\n            (4) in section 12109(3)(C) (as so redesignated), by \n        striking ``section 12006'' and inserting ``section 12103''.","title":""}
+{"_id":"c60","text":"SECTION 1. SHORT TITLE AND PURPOSES.\n\n    (a) Short Title.--This Act may be cited as the ``Reduce Unnecessary \nSpending Act of 2010''.\n    (b) Purpose.--The purpose of this Act is to create an optional \nfast-track procedure the President may use when submitting rescission \nrequests, which would lead to an up-or-down vote by Congress on the \nPresident's package of rescissions, without amendment.\n\nSEC. 2. RESCISSIONS OF FUNDING.\n\n    The Impoundment Control Act of 1974 is amended by striking part C \nand inserting the following:\n\n       ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS\n\n``SEC. 1021. APPLICABILITY AND DISCLAIMER.\n\n    ``The rules, procedures, requirements, and definitions in this part \napply only to executive and legislative actions explicitly taken under \nthis part. They do not apply to actions taken under part B or to other \nexecutive and legislative actions not taken under this part.\n\n``SEC. 1022. DEFINITIONS.\n\n    ``In this part:\n            ``(1) The terms `appropriations Act', `budget authority', \n        and `new budget authority' have the same meanings as in section \n        3 of the Congressional Budget Act of 1974.\n            ``(2) The terms `account', `current year', `CBO', and `OMB' \n        have the same meanings as in section 250 of the Balanced Budget \n        and Emergency Deficit Control Act of 1985 as in effect on \n        September 30, 2002.\n            ``(3) The term `days of session' shall be calculated by \n        excluding weekends and national holidays. Any day during which \n        a chamber of Congress is not in session shall not be counted as \n        a day of session of that chamber. Any day during which neither \n        chamber is in session shall not be counted as a day of session \n        of Congress.\n            ``(4) The term `entitlement law' means the statutory \n        mandate or requirement of the United States to incur a \n        financial obligation unless that obligation is explicitly \n        conditioned on the appropriation in subsequent legislation of \n        sufficient funds for that purpose, and the Supplemental \n        Nutrition Assistance Program.\n            ``(5) The term `funding' refers to new budget authority and \n        obligation limits except to the extent that the funding is \n        provided for entitlement law.\n            ``(6) The term `rescind' means to eliminate or reduce the \n        amount of enacted funding.\n            ``(7) The terms `withhold' and `withholding' apply to any \n        executive action or inaction that precludes the obligation of \n        funding at a time when it would otherwise have been available \n        to an agency for obligation. The terms do not include \n        administrative or preparatory actions undertaken prior to \n        obligation in the normal course of implementing budget laws.\n\n``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.\n\n    ``(a) Timing.--If the President proposes that Congress rescind \nfunding under the procedures in this part, OMB shall transmit a message \nto Congress containing the information specified in section 1024, and \nthe message transmitting the proposal shall be sent to Congress not \nlater than 45 calendar days after the date of enactment of the funding.\n    ``(b) Packaging and Transmittal of Requested Rescissions.--Except \nas provided in subsection (c), for each piece of legislation that \nprovides funding, the President shall request at most 1 package of \nrescissions and the rescissions in that package shall apply only to \nfunding contained in that legislation. OMB shall deliver each message \nrequesting a package of rescissions to the Secretary of the Senate if \nthe Senate is not in session and to the Clerk of the House of \nRepresentatives if the House is not in session. OMB shall make a copy \nof the transmittal message publicly available, and shall publish in the \nFederal Register a notice of the message and information on how it can \nbe obtained.\n    ``(c) Special Packaging Rules.--After enactment of--\n            ``(1) a joint resolution making continuing appropriations;\n            ``(2) a supplemental appropriations bill; or\n            ``(3) an omnibus appropriations bill;\ncovering some or all of the activities customarily funded in more than \n1 regular appropriations bill, the President may propose as many as 2 \npackages rescinding funding contained in that legislation, each within \nthe 45-day period specified in subsection (a). OMB shall not include \nthe same rescission in both packages, and, if the President requests \nthe rescission of more than one discrete amount of funding under the \njurisdiction of a single subcommittee, OMB shall include each of those \ndiscrete amounts in the same package.\n\n``SEC. 1024. REQUESTS TO RESCIND FUNDING.\n\n    ``For each request to rescind funding under this part, the \ntransmittal message shall--\n            ``(1) specify--\n                    ``(A) the dollar amount to be rescinded;\n                    ``(B) the agency, bureau, and account from which \n                the rescission shall occur;\n                    ``(C) the program, project, or activity within the \n                account (if applicable) from which the rescission shall \n                occur;\n                    ``(D) the amount of funding, if any, that would \n                remain for the account, program, project, or activity \n                if the rescission request is enacted; and\n                    ``(E) the reasons the President requests the \n                rescission;\n            ``(2) designate each separate rescission request by number; \n        and\n            ``(3) include proposed legislative language to accomplish \n        the requested rescissions which may not include--\n                    ``(A) any changes in existing law, other than the \n                rescission of funding; or\n                    ``(B) any supplemental appropriations, transfers, \n                or reprogrammings.\n\n``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY.\n\n    ``(a) Presidential Authority To Withhold Funding.--Notwithstanding \nany other provision of law and if the President proposes a rescission \nof funding under this part, OMB may, subject to the time limits \nprovided in subsection (c), temporarily withhold that funding from \nobligation.\n    ``(b) Expedited Procedures Available Only Once Per Bill.--The \nPresident may not invoke the procedures of this part, or the authority \nto withhold funding granted by subsection (a), on more than 1 occasion \nfor any Act providing funding.\n    ``(c) Time Limits.--OMB shall make available for obligation any \nfunding withheld under subsection (a) on the earliest of--\n            ``(1) the day on which the President determines that the \n        continued withholding or reduction no longer advances the \n        purpose of legislative consideration of the rescission request;\n            ``(2) starting from the day on which OMB transmitted a \n        message to Congress requesting the rescission of funding, 25 \n        calendar days in which the House of Representatives has been in \n        session or 25 calendar days in which the Senate has been in \n        session, whichever occurs second; or\n            ``(3) the last day after which the obligation of the \n        funding in question can no longer be fully accomplished in a \n        prudent manner before its expiration.\n    ``(d) Deficit Reduction.--\n            ``(1) In general.--Funds that are rescinded under this part \n        shall be dedicated only to reducing the deficit or increasing \n        the surplus.\n            ``(2) Adjustment of levels in the concurrent resolution on \n        the budget.--Not later than 5 days after the date of enactment \n        of an approval bill as provided under this part, the chairs of \n        the Committees on the Budget of the Senate and the House of \n        Representatives shall revise allocations and aggregates and \n        other appropriate levels under the appropriate concurrent \n        resolution on the budget to reflect the repeal or cancellation, \n        and the applicable committees shall report revised \n        suballocations pursuant to section 302(b), as appropriate.\n\n``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS.\n\n    ``(a) Preparation of Legislation To Consider a Package of Expedited \nRescission Requests.--\n            ``(1) In general.--If the House of Representatives receives \n        a package of expedited rescission requests, the Clerk shall \n        prepare a House bill that only rescinds the amounts requested \n        which shall read as follows:\n            ```There are enacted the rescissions numbered [insert \n        number or numbers] as set forth in the Presidential message of \n        [insert date] transmitted under part C of the Impoundment \n        Control Act of 1974 as amended.'\n            ``(2) Exclusion procedure.--The Clerk shall include in the \n        bill each numbered rescission request listed in the \n        Presidential package in question, except that the Clerk shall \n        omit a numbered rescission request if the Chairman of the \n        Committee on the Budget of the House, after consulting with the \n        Chairman of the Committee on the Budget of the Senate, CBO, \n        GAO, and the House and Senate committees that have jurisdiction \n        over the funding, determines that the numbered rescission does \n        not refer to funding or includes matter not permitted under a \n        request to rescind funding.\n    ``(b) Introduction and Referral of Legislation To Enact a Package \nof Expedited Rescissions.--The majority leader or the minority leader \nof the House or Representatives, or a designee, shall (by request) \nintroduce each bill prepared under subsection (a) not later than 4 days \nof session of the House after its transmittal, or, if no such bill is \nintroduced within that period, any member of the House may introduce \nthe required bill in the required form on the fifth or sixth day of \nsession of the House after its transmittal. If such an expedited \nrescission bill is introduced in accordance with the preceding \nsentence, it shall be referred to the House committee of jurisdiction. \nA copy of the introduced House bill shall be transmitted to the \nSecretary of the Senate, who shall provide it to the Senate committee \nof jurisdiction.\n    ``(c) House Report and Consideration of Legislation To Enact a \nPackage of Expedited Rescissions.--The House committee of jurisdiction \nshall report without amendment the bill referred to it under subsection \n(b) not more than 5 days of session of the House after the referral. \nThe committee may order the bill reported favorably, unfavorably, or \nwithout recommendation. If the committee has not reported the bill by \nthe end of the 5-day period, the committee shall be automatically \ndischarged from further consideration of the bill and it shall be \nplaced on the appropriate calendar.\n    ``(d) House Motion To Proceed.--\n            ``(1) In general.--After a bill to enact an expedited \n        rescission package has been reported or the committee of \n        jurisdiction has been discharged under subsection (c), it shall \n        be in order to move to proceed to consider the bill in the \n        House. A Member who wishes to move to proceed to consideration \n        of the bill shall announce that fact, and the motion to proceed \n        shall be in order only during a time designated by the Speaker \n        within the legislative schedule for the next calendar day of \n        legislative session or the one immediately following it.\n            ``(2) Failure to set time.--If the Speaker does not \n        designate a time under paragraph (1), 3 or more calendar days \n        of legislative session after the bill has been reported or \n        discharged, it shall be in order for any Member to move to \n        proceed to consider the bill.\n            ``(3) Procedure.--A motion to proceed under this subsection \n        shall not be in order after the House has disposed of a prior \n        motion to proceed with respect to that package of expedited \n        rescissions. The previous question shall be considered as \n        ordered on the motion to proceed, without intervening motion. A \n        motion to reconsider the vote by which the motion to proceed \n        has been disposed of shall not be in order.\n            ``(4) Removal from calendar.--If 5 calendar days of \n        legislative session have passed since the bill was reported or \n        discharged under this subsection and no Member has made a \n        motion to proceed, the bill shall be removed from the calendar.\n    ``(e) House Consideration.--\n            ``(1) Considered as read.--A bill consisting of a package \n        of rescissions under this part shall be considered as read.\n            ``(2) Points of order.--All points of order against the \n        bill are waived, except that a point of order may be made that \n        1 or more numbered rescissions included in the bill would enact \n        language containing matter not requested by the President or \n        not permitted under this part as part of that package. If the \n        Presiding Officer sustains such a point of order, the numbered \n        rescission or rescissions that would enact such language are \n        deemed to be automatically stripped from the bill and \n        consideration proceeds on the bill as modified.\n            ``(3) Previous question.--The previous question shall be \n        considered as ordered on the bill to its passage without \n        intervening motion, except that 4 hours of debate equally \n        divided and controlled by a proponent and an opponent are \n        allowed, as well as 1 motion to further limit debate on the \n        bill.\n            ``(4) Motion to reconsider.--A motion to reconsider the \n        vote on passage of the bill shall not be in order.\n    ``(f) Senate Consideration.--\n            ``(1) Referral.--If the House of Representatives approves a \n        House bill enacting a package of rescissions, that bill as \n        passed by the House shall be sent to the Senate and referred to \n        the Senate committee of jurisdiction.\n            ``(2) Committee action.--The committee of jurisdiction \n        shall report without amendment the bill referred to it under \n        this subsection not later than 3 days of session of the Senate \n        after the referral. The committee may order the bill reported \n        favorably, unfavorably, or without recommendation.\n            ``(3) Discharge.--If the committee has not reported the \n        bill by the end of the 3-day period, the committee shall be \n        automatically discharged from further consideration of the bill \n        and it shall be placed on the appropriate calendar.\n            ``(4) Motion to proceed.--On the following day and for 3 \n        subsequent calendar days in which the Senate is in session, it \n        shall be in order for any Senator to move to proceed to \n        consider the bill in the Senate. Upon such a motion being made, \n        it shall be deemed to have been agreed to and the motion to \n        reconsider shall be deemed to have been laid on the table.\n            ``(5) Debate.--Debate on the bill in the Senate under this \n        subsection, and all debatable motions and appeals in connection \n        therewith, shall not exceed 10 hours, equally divided and \n        controlled in the usual form. Debate in the Senate on any \n        debatable motion or appeal in connection with such a bill shall \n        be limited to not more than 1 hour, to be equally divided and \n        controlled in the usual form. A motion to further limit debate \n        on such a bill is not debatable.\n            ``(6) Motions not in order.--A motion to amend such a bill \n        or strike a provision from it is not in order. A motion to \n        recommit such a bill is not in order.\n    ``(g) Senate Point of Order.--It shall not be in order under this \npart for the Senate to consider a bill approved by the House enacting a \npackage of rescissions under this part if any numbered rescission in \nthe bill would enact matter not requested by the President or not \npermitted under this Act as part of that package. If a point of order \nunder this subsection is sustained, the bill may not be considered \nunder this part.''.\n\nSEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.\n\n    (a) Table of Contents.--Section 1(b) of the Congressional Budget \nand Impoundment Control Act of 1974 is amended by striking the matter \nfor part C of title X and inserting the following:\n\n       ``PART C--Expedited Consideration of Proposed Rescissions\n\n``Sec. 1021. Applicability and disclaimer.\n``Sec. 1022. Definitions.\n``Sec. 1023. Timing and packaging of rescission requests.\n``Sec. 1024. Requests to rescind funding.\n``Sec. 1025. Grants of and limitations on presidential authority.\n``Sec. 1026. Congressional consideration of rescission requests.''.\n    (b) Temporary Withholding.--Section 1013(c) of the Impoundment \nControl Act of 1974 is amended by striking ``section 1012'' and \ninserting ``section 1012 or section 1025''.\n    (c) Rulemaking.--\n            (1) 904(a).--Section 904(a) of the Congressional Budget Act \n        of 1974 is amended by striking ``and 1017'' and inserting \n        ``1017, and 1026''.\n            (2) 904(d)(1).--Section 904(d)(1) of the Congressional \n        Budget Act of 1974 is amended by striking ``1017'' and \n        inserting ``1017 or 1026''.\n\nSEC. 4. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT.\n\n    (a) In General.--Part A of the Impoundment Control Act of 1974 is \namended by inserting at the end the following:\n\n``SEC. 1002. SEVERABILITY.\n\n    ``If the judicial branch of the United States finally determines \nthat 1 or more of the provisions of parts B or C violate the \nConstitution of the United States, the remaining provisions of those \nparts shall continue in effect.''.\n    (b) Table of Contents.--Section 1(b) of the Congressional Budget \nand Impoundment Control Act of 1974 is amended by inserting at the end \nof the matter for part A of title X the following:\n\n``Sec. 1002. Severability.''.\n\nSEC. 5. EXPIRATION.\n\n    Part C of the Impoundment Control Act of 1974 (as amended by this \nAct) shall expire on December 31, 2014.","title":""}
+{"_id":"c61","text":"SECTION 1. SHORT TITLE AND REFERENCE.\n\n    (a) Short Title.--This Act may be cited as the ``Worker Adjustment \nand Retraining Notification Amendments Act''.\n    (b) Reference.--Except as specifically provided otherwise, whenever \nin this Act an amendment or repeal is expressed in terms of an \namendment to, or repeal of, a section or other provision, the reference \nshall be considered to be made to a section or other provision of the \nWorker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et \nseq.).\n\nSEC. 2. DEFINITIONS.\n\n    (a) Employer, Plant Closing, and Mass Layoff.--Paragraphs (1) \nthrough (3) of section 2(a) (29 U.S.C. 2101(a)(1)-(3)) are amended to \nread as follows:\n            ``(1) the term `employer' means any business enterprise \n        that employs 50 or more employees;\n            ``(2) the term `plant closing' means--\n                    ``(A) the permanent or temporary shutdown of a \n                single site of employment, or of one or more facilities \n                or operating units within a single site of employment, \n                which results in an employment loss at such site, \n                during any 30-day period, for 25 or more employees; or\n                    ``(B) the permanent or temporary shutdown of one or \n                more sites of employment, or of one or more facilities \n                or operating units within such sites, which results in \n                an employment loss, during any 30-day period, for 100 \n                or more employees.\n            ``(3) the term `mass layoff' means--\n                    ``(A) a reduction in force at a single site of \n                employment which results in an employment loss at such \n                site, during any 30-day period, for 25 or more \n                employees; or\n                    ``(B) a reduction in force which results in an \n                employment loss, during any 30-day period, for 100 or \n                more employees.''.\n    (b) Conforming Amendments.--\n            (1) Notice.--Section 3(d) (29 U.S.C. 2102(d)) is amended by \n        striking out ``, each of which is less than the minimum number \n        of employees specified in section 2(a) (2) or (3) but which in \n        the aggregate exceed that minimum number,'' and inserting in \n        lieu thereof ``which in the aggregate exceed the minimum number \n        of employees specified in section 2(a) (2) or (3)''.\n            (2) Definitions.--Section 2(b)(1) (29 U.S.C. 2101(b)(1)) is \n        amended by striking ``(other than a part-time employee)''.\n    (c) Secretary of Labor.--\n            (1) Definition.--Paragraph (8) of section 2(a) (29 U.S.C. \n        2101(a)(8)) is amended to read as follows:\n            ``(8) the term `Secretary' means the Secretary of Labor or \n        a representative of the Secretary of Labor.''.\n            (2) Regulations.--Section 8(a) (29 U.S.C. 2107(a)) is \n        amended by striking ``of Labor''.\n\nSEC. 3. NOTICE.\n\n    (a) Period.--Section 3 (29 U.S.C. 2102) is amended--\n            (1) in subsection (a), by striking ``a 60-day period \n        after'' and inserting ``the applicable notice period required \n        after'';\n            (2) in subsection (b), by striking ``60-day period'' each \n        place such term appears and inserting ``notice period'';\n            (3) by redesignating subsections (b) through (d) as \n        subsections (c) through (e), respectively; and\n            (4) by inserting after subsection (a), the following new \n        subsection:\n    ``(b) Notice Period.--As used in this section, the term `notice \nperiod' means--\n            ``(1) in the case of a plant closing or mass layoff which \n        results in an employment loss for at least 25 but not more than \n        49 employees, 30 days;\n            ``(2) in the case of a plant closing or mass layoff which \n        results in an employment loss for at least 50 but not more than \n        99 employees, 60 days; and\n            ``(3) in the case of a plant closing or mass layoff which \n        results in an employment loss for at least 100 employees, 90 \n        days.''.\n    (b) Conforming Amendment.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) \nis amended in the matter following subparagraph (B), by striking ``60 \ndays'' and inserting ``the applicable notice period''.\n    (c) Recipient.--Section 3(a)(1) (29 U.S.C. 2102(a)(1)) is amended \nby striking ``or, if there is no such representative at that time, to \neach affected employee'' and inserting ``and to each affected \nemployee''.\n\nSEC. 4. ENFORCEMENT.\n\n    (a) Amount.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) is amended--\n            (1) in subparagraph (A)(ii), by striking ``and'' at the end \n        thereof;\n            (2) by redesignating subparagraph (B) as subparagraph (D); \n        and\n            (3) by inserting after subparagraph (A) the following new \n        subparagraphs:\n            ``(B) interest on the amount described in subparagraph (A) \n        calculated at the prevailing rate;\n            ``(C) an additional amount as liquidated damages equal to \n        the sum of the amount described in subparagraph (A) and the \n        interest described in subparagraph (B); and''.\n    (b) Exemption.--Section 5(a)(4) (29 U.S.C. 2104(a)(4)) is amended \nby striking ``reduce the amount of the liability or penalty provided \nfor in this section'' and inserting ``reduce the amount of the \nliability under subparagraph (C) of paragraph (1) and reduce the amount \nof the penalty provided for in paragraph (3)''.\n    (c) Administrative Complaint.--Section 5(a)(5) (29 U.S.C. \n2104(a)(5)) is amended--\n            (1) by striking ``may sue,'' and inserting ``may,'';\n            (2) by inserting after ``both,'' the following: ``(A) file \n        a complaint with the Secretary alleging a violation of section \n        3, or (B) bring suit''; and\n            (3) by adding at the end thereof the following new \n        sentence: ``A person seeking to enforce such liability may use \n        one or both of the enforcement mechanisms described in \n        subparagraphs (A) and (B).''.\n    (d) Action by the Secretary.--Section 5 (29 U.S.C. 2104) is \namended--\n            (1) by redesignating subsection (b) as subsection (d); and\n            (2) by inserting after subsection (a) the following new \n        subsections:\n    ``(b) Action by the Secretary.--\n            ``(1) Administrative action.--The Secretary shall receive, \n        investigate, and attempt to resolve complaints of violations of \n        section 3 by an employer in the same manner that the Secretary \n        receives, investigates, and attempts to resolve complaints of \n        violations of sections 6 and 7 of the Fair Labor Standards Act \n        of 1938 (29 U.S.C. 206 and 207).\n            ``(2) Subpoena powers.--For the purposes of any \n        investigation provided for in this section, the Secretary shall \n        have the subpoena authority provided for under section 9 of the \n        Fair Labor Standards Act of 1938 (29 U.S.C. 209).\n            ``(3) Civil action.--The Secretary may bring an action in \n        any court of competent jurisdiction to recover on behalf of an \n        employee the back pay, interest, benefits, and liquidated \n        damages described in subsection (a)(1).\n            ``(4) Sums recovered.--Any sums recovered by the Secretary \n        on behalf of an employee under subparagraphs (A), (B), and (D) \n        of section 5(a)(1) shall be held in a special deposit account \n        and shall be paid, on order of the Secretary, directly to each \n        employee affected. Any such sums not paid to an employee \n        because of inability to do so within a period of 3 years, and \n        any sums recovered by the Secretary under subparagraph (C) of \n        section 5(a)(1), shall be credited as an offsetting collection \n        to the appropriations account of the Secretary of Labor for \n        expenses for the administration of this Act and shall remain \n        available to the Secretary until expended.\n            ``(5) Action to compel relief by secretary.--The district \n        courts of the United States shall have jurisdiction, for cause \n        shown, over an action brought by the Secretary to restrain the \n        withholding of payment of back pay, interest, benefits, or \n        other compensation, plus interest, found by the court to be due \n        to employees under this Act.\n    ``(c) Limitations Period.--\n            ``(1) In general.--An action may be brought under this \n        section not later than 2 years after the date of the last event \n        constituting the alleged violation for which the action is \n        brought.\n            ``(2) Commencement.--In determining when an action is \n        commenced under this section for the purposes of paragraph (1), \n        it shall be considered to be commenced on the date on which the \n        complaint is filed.''.\n\nSEC. 5. POSTING OF NOTICES; PENALTIES.\n\n    The Act (29 U.S.C. 2101 et seq.) is amended by adding at the end \nthereof the following new section:\n\n``SEC. 11. POSTING OF NOTICES; PENALTIES.\n\n    ``(a) Posting of Notices.--Each employer shall post and keep posted \nin conspicuous places upon its premises where notices to employees are \ncustomarily posted a notice to be prepared or approved by the Secretary \nof Labor setting forth excerpts from, or summaries of, the pertinent \nprovisions of this chapter and information pertinent to the filing of a \ncomplaint.\n    ``(b) Penalties.--A willful violation of this section shall be \npunishable by a fine of not more than $100 for each separate \noffense.''.\n\nSEC. 6. EFFECTIVE DATE.\n\n    This Act, and the amendments made by this Act, shall take effect on \nthe date of the enactment of this Act.","title":""}
+{"_id":"c62","text":"SECTION 1. SHORT TITLE.\n\n     This Act may be cited as the ``Training for Realtime Writers Act \nof 2003''.\n\nSEC. 2. FINDINGS.\n\n     Congress makes the following findings:\n            (1) As directed by Congress in section 723 of the \n        Communications Act of 1934 (47 U.S.C. 613), as added by section \n        305 of the Telecommunications Act of 1996 (Public Law 104-104; \n        110 Stat. 126), the Federal Communications Commission adopted \n        rules requiring closed captioning of most television \n        programming, which gradually require new video programming to \n        be fully captioned beginning in 2006.\n            (2) More than 28,000,000 Americans, or 8 percent of the \n        population, are considered deaf or hard of hearing and many \n        require captioning services to participate in mainstream \n        activities.\n            (3) More than 24,000 children are born in the United States \n        each year with some form of hearing loss.\n            (4) According to the United States Department of Health and \n        Human Services and a study done by the National Council on \n        Aging--\n                    (A) 25 percent of Americans over 65 years old are \n                hearing impaired;\n                    (B) 33 percent of Americans over 70 years old are \n                hearing impaired; and\n                    (C) 41 percent of Americans over 75 years old are \n                hearing impaired.\n            (5) The National Council on Aging study also found that \n        depression in older adults may be directly related to hearing \n        loss and disconnection with the spoken word.\n            (6) Empirical research demonstrates that captions improve \n        the performance of those individuals learning to read English \n        and, according to numerous Federal agencies' statistics, could \n        benefit--\n                    (A) 3.7 million remedial readers;\n                    (B) 12 million young children learning to read;\n                    (C) 27 million illiterate adults; and\n                    (D) 30 million people for whom English is a second \n                language.\n            (7) Over the past 5 years, student enrollment in programs \n        that train court reporters to become realtime writers has \n        decreased significantly, causing such programs to close on many \n        campuses.\n\nSEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB \n              PLACEMENT OF REALTIME WRITERS.\n\n    (a) In General.--The Secretary of Education shall make competitive \ngrants to eligible entities under subsection (b) to promote training \nand placement of individuals, including individuals who have completed \na court reporting training program, as realtime writers in order to \nmeet the requirements for closed captioning of video programming set \nforth in section 723 of the Communications Act of 1934 (47 U.S.C. 613) \nand the rules prescribed thereunder.\n    (b) Eligible Entities.--For purposes of this act, an eligible \nentity is a court reporting or realtime writing training program that--\n            (1) can document and demonstrate to the Secretary of \n        Education that it meets minimum standards of educational and \n        financial accountability, with a curriculum capable of training \n        realtime writers, qualified to provide captioning services;\n            (2) is accredited by an accrediting agency recognized by \n        the Department of Education; and\n            (3) participates in student aid programs under title IV of \n        the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.)\n    (c) Priority in Grants.--In determining whether to award grants \nunder this section, the Secretary of Education shall give priority to \neligible entities that--\n            (1) demonstrate the greatest ability to increase their \n        capacity to train realtime writers;\n            (2) demonstrate the most promising collaboration with local \n        educational institutions, businesses, labor organizations, or \n        other community groups having the potential to train or provide \n        job placement assistance to realtime writers; and\n            (3) propose the most promising and innovative approaches \n        for initiating or expanding training or job placement \n        assistance efforts for realtime writers.\n    (d) Duration of Grant.--A grant under this section shall be for a \nperiod of 2 years.\n    (e) Maximum Amount of Grant.--The amount of a grant provided under \nsubsection (a) to an entity eligible may not exceed $1,500,000 for the \n2-year period of the grant.\n\nSEC. 4. APPLICATION.\n\n    To receive a grant under section 3, an eligible entity shall submit \nan application to the Secretary of Education at such time and in such \nmanner as the Secretary shall require. The application shall include--\n            (1) a description of the training and assistance to be \n        funded using the grant amount, including how such training and \n        assistance will increase the number of realtime writers;\n            (2) a description of performance measures to be utilized to \n        evaluate the progress of individuals receiving such training \n        and assistance in matters relating to enrollment, completion of \n        training, and job placement and retention;\n            (3) a description of the manner in which the eligible \n        entity will ensure that recipients of scholarships, if any, \n        funded by the grant will be employed and retained as realtime \n        writers;\n            (4) a description of the manner in which the eligible \n        entity intends to continue providing the training and \n        assistance to be funded by the grant after the end of the grant \n        period, including any partnerships or arrangements established \n        for that purpose;\n            (5) a description of how the eligible entity will work with \n        local workforce investment boards to ensure that training and \n        assistance to be funded with the grant will further local \n        workforce goals, including the creation of educational \n        opportunities for individuals who are from economically \n        disadvantaged backgrounds or are displaced workers; and\n            (6) such other information as the Secretary may require.\n\nSEC. 5. USE OF FUNDS.\n\n    (a) In General.--An eligible entity receiving a grant under section \n3 shall use the grant amount for purposes relating to the recruitment, \ntraining, assistance, and job placement of individuals (including \nindividuals who have completed a court reporting training program) as \nrealtime writers, including--\n            (1) recruitment activites;\n            (2) subject to subsection (b), the provision of \n        scholarships to individuals for training in realtime writing;\n            (3) distance learning;\n            (4) design and development of curriculum to more \n        effectively train realtime writing skills and education in the \n        knowledge bases necessary for the delivery of high quality \n        closed captioning services;\n            (5) assistance in job placement for upcoming and recent \n        graduates with all types of captioning employers;\n            (6) encouragement of individuals with disabilities to \n        pursue a career in realtime writing; and\n            (7) the employment and payment of personnel for such \n        purposes.\n    (b) Scholarships.--\n            (1) Amount.--The amount of a scholarship under subsection \n        (a)(2) shall be based on the amount of need of the recipient of \n        the scholarship for financial assistance, as determined in \n        accordance with part F of title IV of the Higher Education Act \n        of 1965 (20 U.S.C. 1087kk).\n            (2) Agreement.--Each recipient of a scholarship under \n        subsection (a)(2) shall enter into an agreement with the \n        Secretary of Education to provide realtime writing services for \n        a period of time (as determined by the Secretary) that is \n        appropriate for the amount of the scholarship received.\n            (3) Coursework and employment.--The Secretary shall \n        establish requirements for coursework and employment for \n        recipients of scholarships under subsection (a)(2), including \n        requirements for repayment of scholarship amounts in the event \n        of failure to meet such requirements for coursework and \n        employment. Requirements for repayment of scholarship amounts \n        shall take into account the effect of economic conditions on \n        the capacity of scholarship recipients to find work as realtime \n        writers.\n    (c) Administrative Costs.--The recipient of a grant under section 3 \nmay not use more than 5 percent of the grant amount to pay \nadministrative costs associated with activities funded by the grant.\n    (d) Supplement not Supplant.--Grants amounts under this Act shall \nsupplement and not supplant other Federal or non-Federal funds of the \ngrant recipient for purposes of promoting the training and placement of \nindividuals as realtime writers.\n\nSEC. 6. REPORTS.\n\n    Each eligible entity receiving a grant under section 3 shall submit \nto the Secretary of Education, at the end of each year of the grant \nperiod, a report which shall include--\n            (1) a description of the use of grant amounts by the entity \n        during such year;\n            (2) an assessment, utilizing the performance measures \n        submitted by the entity in the application for the grant under \n        section 4(b), of the effectiveness of activities carried out \n        using such funds in increasing the number of realtime writers; \n        and\n            (3) a description of the best practices identified by the \n        entity as a result of the grant for increasing the number of \n        individuals who are trained, employed, and retained in \n        employment as realtime writers.\n\nSEC. 7. AUTHORIZATION OF APPROPRIATIONS.\n\n     There is authorized to be appropriated to carry out this Act--\n            (1) $20,000,000 for each of fiscal years 2004, 2005, and \n        2006; and\n            (2) such sums as may be necessary for fiscal year 2007.","title":""}
+{"_id":"c63","text":"SECTION 1. SHORT TITLE.\n\n    That this Act may be cited as the ``Reserve Account for \nAdministrative Savings Act of 1993''.\n\nSEC. 2. GOVERNMENT EFFICIENCY RESERVE ACCOUNTS.\n\n    Subchapter II of chapter 15 of title 31, United States Code, is \namended by adding at the end the following:\n``Sec. 1520. Special rule for apportioning salaries and expenses within \n              an appropriation\n    ``(a) All appropriations for salaries and expenses shall be \napportioned as necessary to carry out this section.\n    ``(b)(1) Except as provided by paragraph (2), in apportioning any \nappropriation for salaries and expenses for a fiscal year under this \nsection, a reserve shall be established in an amount that is equal to 5 \npercent of the actual amount incurred for those salaries and expenses \nin the immediately preceding fiscal year.\n    ``(2) The size of each reserve to be established under paragraph \n(1) for a fiscal year shall (if applicable) be reduced by a dollar \namount equal to the amount by which that fiscal year's appropriation \nfor salaries and expenses is less than the actual amount incurred for \nthose salaries and expenses in the immediately preceding fiscal year.\n    ``(c) Each appropriation subject to this section shall be \napportioned by the appropriate official referred to in section 1513 and \nwithin the applicable time parameters set forth in that section.\n    ``(d) The head of each agency that has an appropriation for \nsalaries and expenses for a fiscal year subject to this section shall, \nwithin 60 days after the beginning of that fiscal year or within 60 \ndays after the date of enactment of the law by which the appropriation \nfor that fiscal year is made available, whichever occurs later, and \nafter consultation with it chief financial officer and the Deputy \nDirector for Management (or his or her designee) of the Office of \nManagement and Budget, make recommendations to the President of changes \nin laws or regulations or other changes that should be made to bring \nabout a more efficient and cost-effective operation and thereby reduce \nsalaries and expenditures without jeopardizing any programs that agency \nadministers.\n    ``(e) The President's annual budget submission for a budget year \nunder section 1105(a) shall include a special message which sets forth \non an agency-by-agency basis a recommendation for the current fiscal \nyear of whether--\n            ``(1) for the programs that agency administers to be \n        maintained at a proper administrative level the release of all \n        or part of those funds held in reserve under subsection (b) is \n        necessary;\n            ``(2) those programs can function effectively at reduced \n        levels and the funds held in reserve under subsection (b) \n        should be rescinded and returned to the Treasury; or\n            ``(3) supplemental appropriations for other programs are \n        necessary and can be offset by rescissions of the funds held in \n        reserve under subsection (b).\nIf that special message recommends the option set forth in paragraph \n(1) for any agency, then the President shall include with that special \nmessage a bill that, if enacted, would release specified amounts of \nfunds held in reserve under subsection (b) as set forth in that bill.\n    ``(f) Except to the extent that a law is enacted under section 1521 \nrequiring the release of all or part of the money reserved under \nsubsection (b), on August 1 of the calendar year during which a fiscal \nyear ends, all funds held in any reserve under subsection (b) \nrespecting that fiscal year are hereby rescinded and shall be promptly \nreturned to the general fund of the Treasury.\n``Sec. 1521. Fast-track supplemental appropriation of amounts not to \n              exceed aggregate amount rescinded under section 1520\n    ``(a)(1) Before the close of the second legislative day of the \nHouse of Representatives after the date of receipt of a special message \ntransmitted to Congress under section 1520(e), the majority leader or \nminority leader of the House of Representatives shall introduce (by \nrequest) the draft bill accompanying that special message. If the bill \nis not introduced as provided in the preceding sentence, then, on the \nthird legislative day of the House of Representatives after the date of \nreceipt of that special message, any Member of that House may introduce \nthe bill.\n    ``(2) The bill shall be referred to the Committee on Appropriations \nof the House of Representatives. The committee shall report the bill \nwith or without recommendation. The bill shall be reported not later \nthan the seventh legislative day of that House after the date of \nreceipt of that special message. If the Committee on Appropriations \nfails to report the bill within that period, that committee shall be \nautomatically discharged from consideration of the bill, and the bill \nshall be placed on the appropriate calendar.\n    ``(3) During consideration under this subsection, any Member of the \nHouse of Representatives may move to strike any provision of the bill \nor offer an amendment to reduce any amount proposed to be released.\n    ``(4) A vote on final passage of the bill shall be taken in the \nHouse of Representatives on or before the close of the 10th legislative \nday of that House after the date of the introduction of the bill in \nthat House. If the bill is passed, the Clerk of the House of \nRepresentatives shall cause the bill to be engrossed, certified, and \ntransmitted to the Senate within one calendar day of the day on which \nthe bill is passed.\n    ``(5)(A) A motion in the House of Representatives to proceed to the \nconsideration of a bill under this section shall be highly privileged \nand not debatable. An amendment to the motion shall not be in order, \nnor shall it be in order to move to reconsider the vote by which the \nmotion is agreed to or disagreed to.\n    ``(B) Debate in the House of Representatives on a bill under this \nsection shall not exceed 4 hours, which shall be divided equally \nbetween those favoring and those opposing the bill. A motion further to \nlimit debate shall not be debatable. It shall not be in order to move \nto recommit a bill under this section or to move to reconsider the vote \nby which the bill is agreed to or disagreed to.\n    ``(C) Appeals from decisions of the Chair relating to the \napplication of the Rules of the House of Representatives to the \nprocedure relating to a bill under this section shall be decided \nwithout debate.\n    ``(D) Except to the extent specifically provided in the preceding \nprovisions of this subsection, consideration of a bill under this \nsection shall be governed by the Rules of the House of Representatives.\n    ``(6)(A) A bill transmitted to the Senate pursuant to paragraph (4) \nshall be referred to its Committee on Appropriations. The committee \nshall report the bill with or without recommendation. The bill shall be \nreported not later than the seventh legislative day of the Senate after \nit receives the bill. A committee failing to report the bill within \nsuch period shall be automatically discharged from consideration of the \nbill, and the bill shall be placed upon the appropriate calendar.\n    ``(B) During consideration under this subsection, any Member of the \nSenate may move to strike any provision of the bill or offer an \namendment to reduce any amount proposed to be released.\n    ``(C) A vote on final passage of a bill transmitted to the Senate \nshall be taken on or before the close of the 10th legislative day of \nthe Senate after the date on which the bill is transmitted. If the bill \nis passed in the Senate without amendment, the Secretary of the Senate \nshall cause the engrossed bill to be returned to the House of \nRepresentatives.\n    ``(7)(A) A motion in the Senate to proceed to the consideration of \na bill under this subsection shall be privileged and not debatable. An \namendment to the motion shall not be in order, nor shall it be in order \nto move to reconsider the vote by which the motion is agreed to or \ndisagreed to.\n    ``(B) Debate in the Senate on a bill under this subsection, and all \ndebatable motions and appeals in connection therewith, shall not exceed \n10 hours. The time shall be equally divided between, and controlled by, \nthe majority leader and the minority leader or their designees.\n    ``(C) Debate in the Senate on any debatable motion or appeal in \nconnection with a bill under this section shall be limited to not more \nthan 1 hour, to be equally divided between, and controlled by, the \nmover and the manager of the bill, except that in the event the manager \nof the bill is in favor of any such motion or appeal, the time in \nopposition thereto, shall be controlled by the minority leader or his \ndesignee. Such leaders, or either of them, may, from time under their \ncontrol on the passage of a bill, allot additional time to any Senator \nduring the consideration of any debatable motion or appeal.\n    ``(D) A motion in the Senate to further limit debate on a bill \nunder this subsection is not debatable. A motion to recommit a bill \nunder this section is not in order.\n    ``(b) Amendments and Divisions.--No amendment to a bill considered \nunder this section shall be in order in either the House of \nRepresentatives or the Senate except an amendment to strike a provision \nof the bill or to reduce an amount proposed to be restored by the bill. \nIt shall not be in order to demand a division of the question in the \nHouse of Representatives (or in a Committee of the Whole) or in the \nSenate. No motion to suspend the application of this subsection shall \nbe in order in either House, nor shall it be in order in either House \nto suspend the application of this subsection by unanimous consent.\n    ``(c) Requirement to Make Available for Obligation.--Any amount of \nbudget authority proposed to be restored in a special message \ntransmitted to Congress under section 1520(e) shall be made available \nfor obligation on the day after the date on which the bill proposing to \nrestore such amount of budget authority is enacted into law unless it \nhas been automatically rescinded under that section.\n    ``(d) Definition.--For purposes of this section, the term \n`legislative day' means, with respect to either House of Congress, any \nday during which that House is in session.''.\n\nSEC. 3. EFFECTIVE DATE.\n\n    The amendments made by this Act shall only apply to fiscal years \n1994, 1995, 1996, 1997, and 1998 and shall have no force or effect \nafter September 30, 1998.","title":""}
+{"_id":"c64","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as ``The VA Vision Scholars Act of 2007''.\n\nSEC. 2. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS \n              EDUCATION ASSISTANCE PROGRAM.\n\n    (a) Establishment of Program.--Part V of title 38, United States \nCode, is amended by adding at the end the following new chapter:\n\n     ``CHAPTER 80--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY \n               PROFESSIONALS EDUCATION ASSISTANCE PROGRAM\n\n``Sec.\n``8001. Establishment of scholarship program; purpose.\n``8002. Application and acceptance.\n``8003. Amount of assistance; duration.\n``8004. Agreement.\n``8005. Repayment for failure to satisfy requirements of agreement.\n``Sec. 8001. Establishment of scholarship program; purpose\n    ``(a) Establishment.--Subject to the availability of \nappropriations, the Secretary shall establish and carry out a \nscholarship program to provide financial assistance in accordance with \nthis chapter to an individual--\n            ``(1) who is accepted for enrollment or currently enrolled \n        in a program of study leading to a degree or certificate in \n        visual impairment or orientation and mobility, or a dual degree \n        or certification in both such areas, at an accredited (as \n        determined by the Secretary) educational institution that is in \n        a State; and\n            ``(2) who enters into an agreement with the Secretary as \n        described in section 8004 of this title.\n    ``(b) Purpose.--The purpose of the scholarship program established \nunder this chapter is to increase the supply of qualified blind \nrehabilitation specialists for the Department and the Nation.\n    ``(c) Outreach.--The Secretary shall publicize the scholarship \nprogram established under this chapter to educational institutions \nthroughout the United States, with an emphasis on disseminating \ninformation to such institutions with high numbers of Hispanic students \nand to Historically Black Colleges and Universities.\n``Sec. 8002. Application and acceptance\n    ``(a) Application.--(1) To apply and participate in the scholarship \nprogram under this chapter, an individual shall submit to the Secretary \nan application for such participation together with an agreement \ndescribed in section 8004 of this title under which the participant \nagrees to serve a period of obligated service in the Department as \nprovided in the agreement in return for payment of educational \nassistance as provided in the agreement.\n    ``(2) In distributing application forms and agreement forms to \nindividuals desiring to participate in the scholarship program, the \nSecretary shall include with such forms the following:\n            ``(A) A fair summary of the rights and liabilities of an \n        individual whose application is approved (and whose agreement \n        is accepted) by the Secretary.\n            ``(B) A full description of the terms and conditions that \n        apply to participation in the scholarship program and service \n        in the Department.\n    ``(b) Approval.--(1) Upon the Secretary's approval of an \nindividual's participation in the scholarship program, the Secretary \nshall, in writing, promptly notify the individual of that acceptance.\n    ``(2) An individual becomes a participant in the scholarship \nprogram upon such approval by the Secretary.\n``Sec. 8003. Amount of assistance; duration\n    ``(a) Amount of Assistance.--The amount of the financial assistance \nprovided for an individual under this chapter shall be the amount \ndetermined by the Secretary as being necessary to pay the tuition and \nfees of the individual. In the case of an individual enrolled in a \nprogram of study leading to a dual degree or certification in both the \nareas of study described in section 8001(a)(1) of this title, the \ntuition and fees shall not exceed the amounts necessary for the minimum \nnumber of credit hours to achieve such dual certification or degree.\n    ``(b) Relationship to Other Assistance.--Financial assistance may \nbe provided to an individual under this chapter to supplement other \neducational assistance to the extent that the total amount of \neducational assistance received by the individual during an academic \nyear does not exceed the total tuition and fees for such academic year.\n    ``(c) Maximum Amount of Assistance.--(1) In no case may the total \namount of assistance provided under this chapter for an academic year \nto an individual who is a full-time student exceed $15,000.\n    ``(2) In the case of an individual who is a part-time student, the \ntotal amount of assistance provided under this chapter shall bear the \nsame ratio to the amount that would be paid under paragraph (1) if the \nparticipant were a full-time student in the program of study being \npursued by the individual as the coursework carried by the individual \nto full-time coursework in that program of study.\n    ``(3) In no case may the total amount of assistance provided to an \nindividual under this chapter exceed $45,000.\n    ``(d) Maximum Duration of Assistance.--The Secretary may provide \nfinancial assistance to an individual under this chapter for not more \nthan six years.\n``Sec. 8004. Agreement\n    ``An agreement between the Secretary and a participant in the \nscholarship program under this chapter shall be in writing, shall be \nsigned by the participant, and shall include the following:\n            ``(1) The Secretary's agreement to provide the participant \n        with financial assistance as authorized under this chapter.\n            ``(2) The participant's agreement--\n                    ``(A) to accept such financial assistance;\n                    ``(B) to maintain enrollment and attendance in the \n                program of study described in section 8001(a)(1) of \n                this chapter;\n                    ``(C) while enrolled in such program, to maintain \n                an acceptable level of academic standing (as determined \n                by the educational institution offering such program \n                under regulations prescribed by the Secretary); and\n                    ``(D) after completion of the program, to serve as \n                a full-time employee in the Department for a period of \n                three years, to be served within the first six years \n                after the participant has completed such program and \n                received a degree or certificate described in section \n                8001(a)(1) of this chapter.\n            ``(3) Such other terms and conditions that the Secretary \n        determines appropriate for carrying out this chapter.\n``Sec. 8005. Repayment for failure to satisfy requirements of agreement\n    ``(a) In General.--An individual who receives educational \nassistance under this chapter shall repay to the Secretary an amount \nequal to the unearned portion of such assistance if the individual \nfails to satisfy the requirements of the agreement entered into under \nsection 8004 of this title, except in circumstances authorized by the \nSecretary.\n    ``(b) Amount of Repayment.--The Secretary shall establish, by \nregulations, procedures for determining the amount of the repayment \nrequired under this section and the circumstances under which an \nexception to the required repayment may be granted.\n    ``(c) Waiver or Suspension of Compliance.--The Secretary shall \nprescribe regulations providing for the waiver or suspension of any \nobligation of an individual for service or payment under this chapter \n(or an agreement under this chapter) whenever noncompliance by the \nindividual is due to circumstances beyond the control of the individual \nor whenever the Secretary determines that the waiver or suspension of \ncompliance is in the best interest of the United States.\n    ``(d) Obligation as Debt to United States.--An obligation to repay \nthe Secretary under this section is, for all purposes, a debt owed the \nUnited States. A discharge in bankruptcy under title 11 does not \ndischarge a person from such debt if the discharge order is entered \nless than five years after the date of the termination of the agreement \nor contract on which the debt is based.''.\n    (b) Clerical Amendments.--The tables of chapters at the beginning \nof title 38, and of part V of title 38, are each amended by inserting \nafter the item relating to chapter 79 the following new item:\n\n``80. Visual Impairment and Orientation and Mobility           8001.''.\n                            Professionals Education \n                            Assistance Program.\n    (c) Effective Date.--The Secretary of Veterans Affairs shall \nimplement chapter 80 of title 38, United States Code, as added by \nsubsection (a), not later than six months after the date of the \nenactment of this Act.","title":""}
+{"_id":"c65","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``21st Century Federal Pell Grant Plus \nAct''.\n\nSEC. 2. RECIPIENTS OF FEDERAL PELL GRANTS WHO ARE PURSUING PROGRAMS OF \n              STUDY IN ENGINEERING, MATHEMATICS, SCIENCE, OR FOREIGN \n              LANGUAGES.\n\n    Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. \n1070a(b)(2)) is amended by adding at the end the following:\n    ``(C)(i) Notwithstanding subparagraph (A) and subject to clause \n(iii), in the case of a student who is eligible under this part and who \nis pursuing a degree with a major in, or a certificate or program of \nstudy relating to, engineering, mathematics, science (such as physics, \nchemistry, or computer science), or a foreign language, described in a \nlist developed or updated under clause (ii), the amount of the Federal \nPell Grant shall be the amount calculated for the student under \nsubparagraph (A) for the academic year involved, multiplied by 2.\n    ``(ii)(I) The Secretary, in consultation with the Secretary of \nDefense, the Secretary of the Department of Homeland Security, and the \nDirector of the National Science Foundation, shall develop, update not \nless than once every 2 years, and publish in the Federal Register, a \nlist of engineering, mathematics, and science degrees, majors, \ncertificates, or programs that if pursued by a student, may enable the \nstudent to receive the increased Federal Pell Grant amount under clause \n(i). In developing and updating the list the Secretaries and Director \nshall consider the following:\n            ``(aa) The current engineering, mathematics, and science \n        needs of the United States with respect to national security, \n        homeland security, and economic security.\n            ``(bb) Whether institutions of higher education in the \n        United States are currently producing enough graduates with \n        degrees to meet the national security, homeland security, and \n        economic security needs of the United States.\n            ``(cc) The future expected workforce needs of the United \n        States required to help ensure the Nation's national security, \n        homeland security, and economic security.\n            ``(dd) Whether institutions of higher education in the \n        United States are expected to produce enough graduates with \n        degrees to meet the future national security, homeland \n        security, and economic security needs of the United States.\n    ``(II) The Secretary, in consultation with the Secretary of \nDefense, the Secretary of the Department of Homeland Security, and the \nSecretary of State, shall develop, update not less than once every 2 \nyears, and publish in the Federal Register, a list of foreign language \ndegrees, majors, certificates, or programs that if pursued by a \nstudent, may enable the student to receive the increased Federal Pell \nGrant amount under clause (i). In developing and updating the list the \nSecretaries shall consider the following:\n            ``(aa) The foreign language needs of the United States with \n        respect to national security, homeland security, and economic \n        security.\n            ``(bb) Whether institutions of higher education in the \n        United States are currently producing enough graduates with \n        degrees to meet the national security, homeland security, and \n        economic security needs of the United States.\n            ``(cc) The future expected workforce needs of the United \n        States required to help ensure the Nation's national security, \n        homeland security, and economic security.\n            ``(dd) Whether institutions of higher education in the \n        United States are expected to produce enough graduates with \n        degrees to meet the future national security, homeland \n        security, and economic security needs of the United States.\n    ``(iii) Each student who received an increased Federal Pell Grant \namount under clause (i) to pursue a degree, major, certificate, or \nprogram described in a list published under subclause (I) or (II) of \nclause (ii) shall continue to be eligible for the increased Federal \nPell Grant amount in subsequent academic years if the degree, major, \ncertificate, or program, respectively, is subsequently removed from the \nlist.\n    ``(iv)(I) If a student who received an increased Federal Pell Grant \namount under clause (i) changes the student's course of study to a \ndegree, major, certificate, or program that is not included in a list \ndescribed in clause (ii), then the Secretary shall reduce the amount of \nFederal Pell Grant assistance the student is eligible to receive under \nthis section for subsequent academic years by an amount equal to the \ndifference between the total amount the student received under this \nsubparagraph and the total amount the student would have received under \nthis section if this subparagraph had not been applied.\n    ``(II) The Secretary shall reduce the amount of Federal Pell Grant \nassistance the student is eligible to receive in subsequent academic \nyears by dividing the total amount to be reduced under subclause (I) \nfor the student by the number of years the student received an \nincreased Federal Pell Grant amount under clause (i), and deducting the \nresult from the amount of Federal Pell Grant assistance the student is \neligible to receive under this section for a number of subsequent \nacademic years equal to the number of academic years the student \nreceived an increased Federal Pell Grant amount under clause (i).''.","title":""}
+{"_id":"c66","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Accelerating Kids' Access to Care \nAct''.\n\nSEC. 2. STREAMLINED SCREENING AND ENROLLMENT PROCESS FOR ELIGIBLE OUT-\n              OF-STATE MEDICAID PROVIDERS AND SUPPLIERS.\n\n    (a) In General.--Section 1902(kk) of the Social Security Act (42 \nU.S.C. 1396a(kk)) is amended by adding at the end the following new \nparagraph:\n            ``(10) Streamlined screening and enrollment process for \n        eligible out-of-state providers and suppliers.--\n                    ``(A) In general.--Subject to subsection (a)(65), \n                the State adopts a streamlined screening and enrollment \n                process for eligible out-of-State providers and \n                suppliers.\n                    ``(B) Streamlined screening and enrollment \n                process.--For purposes of subparagraph (A), the term \n                `streamlined screening and enrollment process' means a \n                process that enables an eligible out-of-State provider \n                or supplier to enroll as a provider or supplier in the \n                State plan on a simplified and streamlined basis in \n                accordance with the requirements of subparagraph (D).\n                    ``(C) Eligible out-of-state provider or supplier.--\n                For purposes of subparagraph (A), the term `eligible \n                out-of-State provider or supplier' means a provider or \n                supplier of medical or other items or services \n                furnished to a child for which payment is available \n                under the State plan under this title that is located \n                in another State and with respect to which the \n                Secretary has determined there is a limited risk of \n                fraud, waste, or abuse for purposes of determining the \n                level of screening to be conducted under section \n                1866(j)(2)(B).\n                    ``(D) Requirements.--For purposes of subparagraph \n                (B), the requirements of this subparagraph are the \n                following:\n                            ``(i) An eligible out-of-State provider or \n                        supplier that elects to be and is enrolled in \n                        the program established under this title in \n                        accordance with the process established by the \n                        Secretary under section 2(b) of the \n                        Accelerating Kids' Access to Care Act is \n                        enrolled in the State plan under this title \n                        without being subject to any additional \n                        screening and enrollment activities required by \n                        the State.\n                            ``(ii) An eligible out-of-State provider or \n                        supplier that is enrolled in the State plan \n                        through the streamlined screening and \n                        enrollment process shall be enrolled for a \n                        period of 5 years before being required to \n                        obtain revalidation.\n                            ``(iii) An eligible out-of-State provider \n                        or supplier that is enrolled in the State plan \n                        through the streamlined screening and \n                        enrollment process shall be permitted to order \n                        all clinically necessary follow-up care, \n                        including with respect to the prescribing of \n                        medications.''.\n    (b) Coordination With Medicare.--The Secretary shall establish a \nprocess for permitting a provider or a supplier, as the case may be, \nthe option when enrolling in the program established under the Medicare \nprogram under title XVIII of the Social Security Act pursuant to \nsubpart P of part 424 of title 42, Code of Federal Regulations (or any \nsuccessor regulation), to elect, at the same time, to enroll in the \nMedicaid program under title XIX of such Act for purposes of all State \nplans under such title XIX. The Secretary may utilize the Medicare \nProvider Enrollment, Chain and Ownership System (referred to as \n``PECOS''), or another national, standardized, and widely accessible \nplatform to establish such process.\n    (c) Conforming Amendments.--\n            (1) Section 1902(a)(77) of the Social Security Act (42 \n        U.S.C. 1396a(a)(77)) is amended by inserting ``enrollment,'' \n        after ``screening,''.\n            (2) Section 1902(kk) of such Act (42 U.S.C. 1396a(kk)), as \n        amended by subsection (a), is further amended--\n                    (A) in the subsection heading, by inserting \n                ``Enrollment,'' after ``Screening,''; and\n                    (B) in paragraph (9), by striking ``Nothing'' and \n                inserting ``Except as provided in paragraph (10)(D)(i), \n                nothing''.\n            (3) Section 2107(e)(1)(G) of such Act (42 U.S.C. \n        1397gg(e)(1)(G)) is amended by inserting ``enrollment,'' after \n        ``screening,''.\n    (d) Effective Date.--\n            (1) In general.--Except as provided in paragraph (2), the \n        amendments made by this section take effect on January 1, 2019.\n            (2) Exception for state legislation.--In the case of a \n        State plan for medical assistance under title XIX of the Social \n        Security Act or a State child health plan under title XXI of \n        such Act which the Secretary of Health and Human Services \n        determines requires State legislation (other than legislation \n        appropriating funds) in order for the plan to meet the \n        additional requirements imposed by the amendments made by this \n        section, such State plan shall not be regarded as failing to \n        comply with the requirements of such title solely on the basis \n        of its failure to meet these additional requirements before the \n        first day of the first calendar quarter beginning after the \n        close of the first regular session of the State legislature \n        that begins after the date of the enactment of this Act. For \n        purposes of the previous sentence, in the case of a State that \n        has a 2-year legislative session, each year of such session \n        shall be deemed to be a separate regular session of the State \n        legislature.","title":""}
+{"_id":"c67","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Accuracy in Medicare Physician \nPayment Act of 2013''.\n\nSEC. 2. EXPERT ADVISORY PANEL REGARDING RELATIVE VALUE SCALE PROCESS \n              USED IN MEDICARE PHYSICIAN FEE SCHEDULE.\n\n    Section 1848(c)(2) of the Social Security Act (42 U.S.C. \n1395m(c)(2)) is amended by adding at the end the following new \nsubparagraph:\n                    ``(M) Use of expert advisory panel regarding \n                relative value scale process used.--\n                            ``(i) In general.--For purposes of \n                        providing oversight to the processes (including \n                        the process described in subparagraph (K)) \n                        relating to valuation of physicians' services, \n                        not later than 90 days after the date of the \n                        enactment of this subparagraph, the Secretary \n                        shall establish and appoint an expert outside \n                        advisory panel (in this subparagraph referred \n                        to as the `panel').\n                            ``(ii) Composition of panel.--The panel \n                        shall be composed of individuals with expertise \n                        in the valuation of physicians' services, such \n                        as individuals who are medical directors for \n                        carriers, experts in medical economics and \n                        technology diffusion, and private payer plan \n                        representatives, and shall include a mix of \n                        physicians in different specialty areas, \n                        particularly physicians who are not directly \n                        affected by changes in the valuation of \n                        physicians' services under this section (such \n                        as retired physicians and physicians who are \n                        employed by managed care organizations or \n                        academic medical centers), as well as \n                        representatives of individuals enrolled under \n                        this part.\n                            ``(iii) Duties.--\n                                    ``(I) In general.--The panel shall \n                                provide oversight to the processes of \n                                identifying, reviewing, and adjusting \n                                valuations for physicians' services \n                                under this section, including \n                                activities described in the succeeding \n                                provisions of this clause.\n                                    ``(II) Establishment of screens.--\n                                The panel may establish screens (in \n                                addition to the screens identified \n                                under subparagraph (K)(ii)) and other \n                                means for identifying physicians' \n                                services for which there are \n                                potentially misvalued codes for review, \n                                such as services that have experienced \n                                substantial changes in length of stay, \n                                site of service, volume, practice \n                                expense, and other factors that may \n                                indicate changes in physician work.\n                                    ``(III) Data collection.--The panel \n                                may collect data and develop supporting \n                                evidence relating to the valuation of \n                                physicians' services.\n                                    ``(IV) Surveys.--The panel may \n                                conduct surveys of suppliers of \n                                physicians' services and may conduct \n                                time and motion studies relating to \n                                such valuations.\n                                    ``(V) Transmitting codes for review \n                                and recommendations.--The panel may \n                                transmit with supporting evidence codes \n                                for review and recommendations through \n                                the means described in subparagraphs \n                                (I) through (III) of subparagraph \n                                (K)(iii).\n                                    ``(VI) Evaluation of \n                                recommendations submitted.--The panel \n                                shall evaluate any recommendations \n                                submitted through such means (whether \n                                pursuant to the solicitation under \n                                subclause (V) or otherwise) and report \n                                to the Secretary on such evaluation.\n                        The panel's activities under subclauses (III) \n                        and (IV) may be conducted directly or through \n                        contracts with appropriate, qualified entities.\n                            ``(iv) Application of faca.--The Federal \n                        Advisory Committee Act (5 U.S.C. App.) shall \n                        apply to the panel, except that section 14 of \n                        such Act shall not apply.\n                            ``(v) Funding.--The Secretary shall provide \n                        for the transfer of not to exceed $10,000,000 \n                        for each fiscal year (beginning with fiscal \n                        year 2014) from the Federal Medical \n                        Supplementary Medical Insurance Trust Fund \n                        established in section 1841 to the Center for \n                        Medicare & Medicaid Services Program Management \n                        Account to carry out this subparagraph, \n                        including for the management and staffing of \n                        the panel and the conduct of activities \n                        described in clause (iii).''.","title":""}
+{"_id":"c68","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Achieving a Better Life Experience \nAct of 2011'' or the ``ABLE Act of 2011''.\n\nSEC. 2. PURPOSES.\n\n    The purposes of this Act are as follows:\n            (1) To encourage and assist individuals and families in \n        saving private funds for the purpose of supporting individuals \n        with disabilities to maintain health, independence, and quality \n        of life.\n            (2) To provide secure funding for disability-related \n        expenses on behalf of designated beneficiaries with \n        disabilities that will supplement, but not supplant, benefits \n        provided through private insurance, the Medicaid program under \n        title XIX of the Social Security Act, the supplemental security \n        income program under title XVI of such Act, the beneficiary's \n        employment, and other sources.\n\nSEC. 3. ABLE ACCOUNTS.\n\n    (a) Establishment.--\n            (1) In general.--Section 529 of the Internal Revenue Code \n        of 1986 is amended by redesignating subsection (f) as \n        subsection (g) and by inserting after subsection (e) the \n        following new subsection:\n    ``(f) ABLE Accounts.--\n            ``(1) General rules.--For purposes of any other provision \n        of law with respect to a qualified ABLE program and an ABLE \n        account, except as otherwise provided in this subsection--\n                    ``(A) a qualified ABLE program and an ABLE account \n                shall be treated in the same manner as a qualified \n                tuition program and an account described in subsection \n                (b)(1)(A)(ii), respectively, are treated, and\n                    ``(B) qualified disability expenses with respect to \n                a program or account described in subparagraph (A) \n                shall be treated in the same manner as qualified higher \n                education expenses are treated.\n            ``(2) Qualified able program.--For purposes of this \n        subsection, the term `qualified ABLE program' means a program \n        established and maintained by a State or agency or \n        instrumentality thereof--\n                    ``(A) under which a person may make contributions \n                to an ABLE account which is established for the purpose \n                of meeting the qualified disability expenses of the \n                designated beneficiary of the account,\n                    ``(B) which meets the requirements of the preceding \n                subsections of this section (as modified by this \n                subsection), determined by substituting--\n                            ``(i) `qualified ABLE program' for \n                        `qualified tuition program', and\n                            ``(ii) `ABLE account' for `account', and\n                    ``(C) which meets the other requirements of this \n                subsection.\n            ``(3) Qualified disability expenses.--For purposes of this \n        subsection--\n                    ``(A) In general.--The term `qualified disability \n                expenses' means any expenses which are made for the \n                benefit of an individual with a disability who is a \n                designated beneficiary.\n                    ``(B) Expenses included.--The following expenses \n                shall be qualified disability expenses if such expenses \n                are made for the benefit of an individual with a \n                disability who is a designated beneficiary and are \n                related to such disability:\n                            ``(i) Education.--Expenses for education, \n                        including tuition for preschool thru post-\n                        secondary education, books, supplies, and \n                        educational materials related to such \n                        education, tutors, and special education \n                        services.\n                            ``(ii) Housing.--Expenses for a primary \n                        residence, including rent, purchase of a \n                        primary residence or an interest in a primary \n                        residence, mortgage payments, real property \n                        taxes, and utility charges.\n                            ``(iii) Transportation.--Expenses for \n                        transportation, including the use of mass \n                        transit, the purchase or modification of \n                        vehicles, and moving expenses.\n                            ``(iv) Employment support.--Expenses \n                        related to obtaining and maintaining \n                        employment, including job-related training, \n                        assistive technology, and personal assistance \n                        supports.\n                            ``(v) Health, prevention, and wellness.--\n                        Expenses for health and wellness, including \n                        premiums for health insurance, mental health, \n                        medical, vision, and dental expenses, \n                        habilitation and rehabilitation services, \n                        durable medical equipment, therapy, respite \n                        care, long term services and supports, \n                        nutritional management, communication services \n                        and devices, adaptive equipment, assistive \n                        technology, and personal assistance.\n                            ``(vi) Miscellaneous expenses.--Financial \n                        management and administrative services; legal \n                        fees; expenses for oversight; monitoring; home \n                        improvements, and modifications, maintenance \n                        and repairs, at primary residence; or funeral \n                        and burial expenses.\n                            ``(vii) Assistive technology and personal \n                        support services.--Expenses for assistive \n                        technology and personal support with respect to \n                        any item described in clauses (i) through (vi).\n                            ``(viii) Other approved expenses.--Any \n                        other expenses which are approved by the \n                        Secretary under regulations and consistent with \n                        the purposes of this section.\n                    ``(C) Individual with a disability.--\n                            ``(i) In general.--Except as provided in \n                        clause (ii), an individual is an individual \n                        with a disability for a year if the individual \n                        (regardless of age)--\n                                    ``(I) has a medically determinable \n                                physical or mental impairment, which \n                                results in marked and severe functional \n                                limitations, and which can be expected \n                                to result in death or which has lasted \n                                or can be expected to last for a \n                                continuous period of not less than 12 \n                                month, or\n                                    ``(II) is blind.\n                            ``(ii) Disability certification required.--\n                        An individual shall not be treated as an \n                        individual with a disability for a year unless \n                        the individual--\n                                    ``(I) is receiving (or, for \n                                purposes of title XIX of the Social \n                                Security Act, is deemed to be, or \n                                treated as, receiving) benefits under \n                                the supplemental security income \n                                program under title XVI of such Act, or \n                                whose benefits under such program are \n                                suspended other than by reason of \n                                misconduct,\n                                    ``(II) is receiving disability \n                                benefits under title II of such Act, or\n                                    ``(III) files a disability \n                                certification with the Secretary for \n                                such year.\n                            ``(iii) Disability certification defined.--\n                        The term `disability certification' means, with \n                        respect to an individual, a certification to \n                        the satisfaction of the Secretary by the \n                        designated beneficiary or the parent or \n                        guardian of the designated beneficiary that--\n                                    ``(I) the individual meets the \n                                criteria described in clause (i), and\n                                    ``(II) includes a copy of the \n                                designated beneficiary's diagnosis, \n                                signed by a physician meeting the \n                                criteria of section 1861(r)(1) of the \n                                Social Security Act.\n                            ``(iv) Restriction on use of \n                        certification.--No inference may be drawn from \n                        a disability certification for purposes of \n                        establishing eligibility for benefits under \n                        title II or XVI of the Social Security Act.\n            ``(4) Rollovers from able accounts.--The limits on \n        contributions pursuant to subsection (b)(6) shall not apply to \n        any amount paid or distributed from an ABLE account to the \n        extent that the amount received is paid, not later than the \n        60th day after the date of such payment or distribution, into--\n                    ``(A) another ABLE account for the benefit of--\n                            ``(i) the same beneficiary, or\n                            ``(ii) an individual who--\n                                    ``(I) is the spouse of such \n                                individual with a disability, or bears \n                                a relationship to such individual with \n                                a disability which is described in \n                                section 152(d)(2), and\n                                    ``(II) is also an individual with a \n                                disability,\n                    ``(B) any trust which is described in subparagraph \n                (A) or (C) of section 1917(d)(4) of the Social Security \n                Act and which is for the benefit of an individual \n                described in clause (i) or (ii) of subparagraph (A), or\n                    ``(C) a qualified tuition program--\n                            ``(i) for the benefit of the designated \n                        beneficiary, or\n                            ``(ii) to the credit of another designated \n                        beneficiary under a qualified tuition program \n                        who is a member of the family of the designated \n                        beneficiary with respect to which the \n                        distribution was made.\n        The preceding sentence shall not apply to any payment or \n        distribution if it applied to any prior payment or distribution \n        during the 12-month period ending on the date of the payment or \n        distribution.\n            ``(5) Transfer to state.--Subject to any outstanding \n        payments due for qualified disability expenses, in the case \n        that the designated beneficiary dies or ceases to be an \n        individual with a disability, all amounts remaining in the \n        qualified ABLE account not in excess of the amount equal to the \n        total medical assistance paid for the designated beneficiary \n        after the establishment of the account, net of any premiums \n        paid from the account or paid by or on behalf of the \n        beneficiary to a Medicaid Buy-In program, under any State \n        Medicaid plan established under title XIX of the Social \n        Security Act shall be distributed to such State upon filing of \n        a claim for payment by such State. For purposes of this \n        paragraph, the State shall be a creditor of an ABLE account and \n        not a beneficiary. Subsection (c)(3) shall not apply to a \n        distribution under the preceding sentence.\n            ``(6) Regulations.--Not later than 6 months after the date \n        of the enactment of this section, the Secretary may prescribe \n        such regulations or other guidance as the Secretary determines \n        necessary or appropriate to carry out the purposes of this \n        section, including regulations to prevent fraud and abuse with \n        respect to amounts claimed as qualified disability expenses.''.\n            (2) Conforming amendment.--Paragraph (2) of section 6693(a) \n        of the Internal Revenue Code of 1986 such Code is amended by \n        striking ``and'' at the end of subparagraph (D), by striking \n        the period at the end of subparagraph (E) and inserting \n        ``and'', and by inserting after subparagraph (E) the following \n        new subparagraph:\n                    ``(F) section 529(d) by reason of 529(f) (relating \n                to ABLE accounts).''.\n    (b) Annual Reports.--\n            (1) In general.--The Secretary of the Treasury shall report \n        annually to Congress on the usage of ABLE accounts under \n        section 529(f) of the Internal Revenue Code of 1986.\n            (2) Contents of report.--Any report under paragraph (1) \n        shall include--\n                    (A) the number of people with an ABLE account,\n                    (B) the total amount of contributions to such \n                accounts,\n                    (C) the total amount and nature of distributions \n                from such accounts,\n                    (D) issues relating to the abuse of such accounts, \n                if any, and\n                    (E) the amounts repaid from such accounts to State \n                Medicaid programs established under title XIX of the \n                Social Security Act.\n    (c) Effective Date.--The amendments made by this section shall \napply to taxable years beginning after the date of the enactment of \nthis Act.\n\nSEC. 4. TREATMENT OF ABLE ACCOUNTS UNDER CERTAIN FEDERAL PROGRAMS.\n\n    (a) Account Funds Disregarded for Purposes of Certain Other Means-\nTested Federal Programs.--Notwithstanding any other provision of \nFederal law that requires consideration of 1 or more financial \ncircumstances of an individual, for the purpose of determining \neligibility to receive, or the amount of, any assistance or benefit \nauthorized by such provision to be provided to or for the benefit of \nsuch individual, any amount (including earnings thereon) in any ABLE \naccount (as defined in section 529(f) of the Internal Revenue Code of \n1986) of such individual, and any distribution for qualified disability \nexpenses (as defined in paragraph (3) of such section) shall be \ndisregarded for such purpose with respect to any period during which \nsuch individual maintains, makes contributions to, or receives \ndistributions from such ABLE account, except that, in the case of the \nsupplemental security income program under title XVI of the Social \nSecurity Act, a distribution for housing expenses (as defined in \nsubparagraph (B)(ii) of such paragraph) shall not be so disregarded, \nand in the case of such program, only the 1st $100,000 of the amount \n(including such earnings) in such ABLE account shall be so disregarded.\n    (b) Suspension of SSI Benefits During Periods of Excessive Account \nFunds.--\n            (1) In general.--The benefits of an individual under the \n        supplemental security income program under title XVI of the \n        Social Security Act shall not be terminated, but shall be \n        suspended, by reason of excess resources of the individual \n        attributable to an amount in the ABLE account (as defined in \n        section 529(f) of the Internal Revenue Code of 1986) of the \n        individual not disregarded under subsection (a) of this \n        section.\n            (2) No impact on medicaid eligibility.--An individual who \n        would be receiving payment of such supplemental security income \n        benefits but for the application of the previous sentence shall \n        be treated for purposes of title XIX of the Social Security Act \n        as if the individual continued to be receiving payment of such \n        benefits.","title":""}
+{"_id":"c69","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Air Traffic Supervisor Retirement \nReform Act of 1995''.\n\nSEC. 2. AMENDMENTS.\n\n    (a) Civil Service Retirement System.--Section 8331 of title 5, \nUnited States Code, is amended--\n            (1) by striking ``and'' at the end of paragraph (25);\n            (2) by striking the period at the end of paragraph (26) and \n        inserting ``; and''; and\n            (3) by adding at the end the following:\n            ``(27) `air traffic controller' or `controller' means--\n                    ``(A) a controller within the meaning of section \n                2109(1); and\n                    ``(B) a civilian employee of the Department of \n                Transportation or the Department of Defense holding a \n                supervisory, managerial, executive, technical, \n                semiprofessional, or professional position for which \n                experience as a controller (within the meaning of \n                section 2109(1)) is a prerequisite.''\n    (b) Federal Employees' Retirement System.--Section 8401 of title 5, \nUnited States Code, is amended--\n            (1) by striking ``and'' at the end of paragraph (31);\n            (2) by striking the period at the end of paragraph (32) and \n        inserting ``; and''; and\n            (3) by adding at the end the following:\n            ``(33) `air traffic controller' or `controller' means--\n                    ``(A) a controller within the meaning of section \n                2109(1); and\n                    ``(B) a civilian employee of the Department of \n                Transportation or the Department of Defense holding a \n                supervisory, managerial, executive, technical, \n                semiprofessional, or professional position for which \n                experience as a controller (within the meaning of \n                section 2109(1)) is a prerequisite.''\n\nSEC. 3. EFFECTIVE DATE; OTHER PROVISIONS.\n\n    (a) Effective Date.--Subject to subsections (b) and (c), this Act \nand the amendments made by this Act shall take effect on the 60th day \nafter the date of enactment of this Act.\n    (b) Treatment of Pre-Effective Date Service.--\n            (1) Employee contributions.--\n                    (A) In general.--Subject to subparagraph (C), upon \n                application to the Office of Personnel Management, any \n                service to which this subsection applies shall, for \n                purposes of chapter 83 or 84 of title 5, United States \n                Code, as applicable, be treated in the same way as if \n                the amendments made by this Act had been in effect when \n                such service was rendered.\n                    (B) Service to which this subsection applies.--This \n                subsection applies with respect to any service as a \n                controller, within the meaning of section 8331(27)(B) \n                or 8401(33)(B) of title 5, United States Code (as \n                amended by this Act), performed before the effective \n                date of this Act.\n                    (C) Requirements.--\n                            (i) Deposit requirement.--Subparagraph (A) \n                        shall not apply with respect to any service \n                        unless there is deposited into the Civil \n                        Service Retirement and Disability Fund, with \n                        interest, an amount equal to the amount by \n                        which--\n                                    (I) the deductions from pay which \n                                would have been required for such \n                                service had the amendments made by this \n                                Act been in effect when such service \n                                was rendered, exceeds\n                                    (II) the deductions or deposits \n                                actually made, under section 8334 or \n                                8422 of title 5, United States Code, as \n                                applicable, with respect to such \n                                service.\n                            (ii) Status at time of application.--This \n                        paragraph shall not apply with respect to any \n                        individual who is not serving as a controller, \n                        within the meaning of either provision cited in \n                        subparagraph (B), on the date on which an \n                        application under this paragraph is made with \n                        respect to any service of such individual.\n                    (D) Certification.--For purposes of chapter 83 or \n                84 of title 5, United States Code, the Office shall \n                accept the certification of the Secretary of \n                Transportation or the Secretary of Defense, as the case \n                may be, concerning the service of, and the amount of \n                compensation received by, an individual with respect to \n                any service for which an application under this \n                paragraph is made.\n            (2) Government contributions.--Not later than 90 days after \n        the full deposit required under paragraph (1) with respect to \n        an individual has been paid, the agency that employed such \n        individual during the period of service to which such deposit \n        relates shall pay into the Civil Service Retirement and \n        Disability Fund, with interest, an amount equal to the amount \n        by which--\n                    (A) the Government contributions which would have \n                been required to have been paid into the Fund for such \n                service had the amendments made by this Act been in \n                effect when such service was rendered, exceeds\n                    (B) the Government contributions actually made, \n                under section 8334 or 8423 of title 5, United States \n                Code, as applicable, with respect to such service.\n            (3) Regulations.--The Office shall prescribe such \n        regulations as may be necessary to carry out this subsection, \n        including provisions relating to the time and manner in which \n        any application or deposit shall be made, and how any interest \n        shall be computed.\n    (c) Mandatory Separation.--Nothing in section 8335(a) or 8425(a) of \ntitle 5, United States Code, shall be considered to require the \nseparation of an individual from a position as a controller (within the \nmeaning of section 8331(27)(B) or section 8401(33)(B) of title 5, \nUnited States Code, as amended by this Act) if such individual was \nfirst appointed to any such position before the effective date of this \nAct.","title":""}
+{"_id":"c7","text":"SECTION 1. AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.\n\n    (a) Amendment of 1986 Code.--Except as otherwise expressly \nprovided, whenever in this Act an amendment or repeal is expressed in \nterms of an amendment to, or repeal of, a section or other provision, \nthe reference shall be considered to be made to a section or other \nprovision of the Internal Revenue Code of 1986.\n    (b) Table of Contents.--The table of contents of this Act is as \nfollows:\n\nSec. 1. Amendment of 1986 Code; table of contents.\n          TITLE I--TAXPAYER ACCESS TO UNITED STATES TAX COURT\n\nSec. 101. Filing period for interest abatement cases.\nSec. 102. Small tax case election for interest abatement cases.\nSec. 103. Venue for appeal of spousal relief and collection cases.\nSec. 104. Suspension of running of period for filing petition of \n                            spousal relief and collection cases.\nSec. 105. Application of Federal rules of evidence.\n            TITLE II--UNITED STATES TAX COURT ADMINISTRATION\n\nSec. 201. Judicial conduct and disability procedures.\nSec. 202. Administration, judicial conference, and fees.\n      TITLE III--CLARIFICATION RELATING TO UNITED STATES TAX COURT\n\nSec. 301. Clarification relating to United States Tax Court.\n\n          TITLE I--TAXPAYER ACCESS TO UNITED STATES TAX COURT\n\nSEC. 101. FILING PERIOD FOR INTEREST ABATEMENT CASES.\n\n    (a) In General.--Subsection (h) of section 6404 is amended--\n            (1) by striking ``Review of Denial'' in the heading and \n        inserting ``Judicial Review'', and\n            (2) by striking ``if such action is brought'' and all that \n        follows in paragraph (1) and inserting ``if such action is \n        brought--\n                    ``(A) at any time after the earlier of--\n                            ``(i) the date of the mailing of the \n                        Secretary's final determination not to abate \n                        such interest, or\n                            ``(ii) the date which is 180 days after the \n                        date of the filing with the Secretary (in such \n                        form as the Secretary may prescribe) of a claim \n                        for abatement under this section, and\n                    ``(B) not later than the date which is 180 days \n                after the date described in subparagraph (A)(i).''.\n    (b) Effective Date.--The amendments made by this section shall \napply to claims for abatement of interest filed with the Secretary of \nthe Treasury after the date of the enactment of this Act.\n\nSEC. 102. SMALL TAX CASE ELECTION FOR INTEREST ABATEMENT CASES.\n\n    (a) In General.--Subsection (f) of section 7463 is amended--\n            (1) by striking ``and'' at the end of paragraph (1),\n            (2) by striking the period at the end of paragraph (2) and \n        inserting ``, and'', and\n            (3) by adding at the end the following new paragraph:\n            ``(3) a petition to the Tax Court under section 6404(h) in \n        which the amount of the abatement sought does not exceed \n        $50,000.''.\n    (b) Effective Date.--The amendments made by this section shall \napply to cases pending as of the day after the date of the enactment of \nthis Act, and cases commenced after such date of enactment.\n\nSEC. 103. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES.\n\n    (a) In General.--Paragraph (1) of section 7482(b) is amended--\n            (1) by striking ``or'' at the end of subparagraph (E),\n            (2) by striking the period at the end of subparagraph (F) \n        and inserting a comma, and\n            (3) by inserting after subparagraph (F) the following new \n        subparagraphs:\n                    ``(G) in the case of a petition under section \n                6015(e), the legal residence of the petitioner, or\n                    ``(H) in the case of a petition under section 6320 \n                or 6330--\n                            ``(i) the legal residence of the petitioner \n                        if the petitioner is an individual, and\n                            ``(ii) the principal place of business or \n                        principal office or agency if the petitioner is \n                        an entity other than an individual.''.\n    (b) Effective Date.--\n            (1) In general.--The amendments made by this section shall \n        apply to petitions filed after the date of enactment of this \n        Act.\n            (2) Effect on existing proceedings.--Nothing in this \n        section shall be construed to create any inference with respect \n        to the application of section 7482 of the Internal Revenue Code \n        of 1986 with respect to court proceedings filed on or before \n        the date of the enactment of this Act.\n\nSEC. 104. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF \n              SPOUSAL RELIEF AND COLLECTION CASES.\n\n    (a) Petitions for Spousal Relief.--\n            (1) In general.--Subsection (e) of section 6015 is amended \n        by adding at the end the following new paragraph:\n            ``(6) Suspension of running of period for filing petition \n        in title 11 cases.--In the case of a person who is prohibited \n        by reason of a case under title 11, United States Code, from \n        filing a petition under paragraph (1)(A) with respect to a \n        final determination of relief under this section, the running \n        of the period prescribed by such paragraph for filing such a \n        petition with respect to such final determination shall be \n        suspended for the period during which the person is so \n        prohibited from filing such a petition, and for 60 days \n        thereafter.''.\n            (2) Effective date.--The amendment made by this subsection \n        shall apply to petitions filed under section 6015(e) of the \n        Internal Revenue Code of 1986 after the date of the enactment \n        of this Act.\n    (b) Collection Proceedings.--\n            (1) In general.--Subsection (d) of section 6330 is \n        amended--\n                    (A) by striking ``appeal such determination to the \n                Tax Court'' in paragraph (1) and inserting ``petition \n                the Tax Court for review of such determination'',\n                    (B) by striking ``Judicial review of \n                determination'' in the heading of paragraph (1) and \n                inserting ``Petition for review by tax court'',\n                    (C) by redesignating paragraph (2) as paragraph \n                (3), and\n                    (D) by inserting after paragraph (1) the following \n                new paragraph:\n            ``(2) Suspension of running of period for filing petition \n        in title 11 cases.--In the case of a person who is prohibited \n        by reason of a case under title 11, United States Code, from \n        filing a petition under paragraph (1) with respect to a \n        determination under this section, the running of the period \n        prescribed by such subsection for filing such a petition with \n        respect to such determination shall be suspended for the period \n        during which the person is so prohibited from filing such a \n        petition, and for 30 days thereafter, and''.\n            (2) Effective date.--The amendments made by this subsection \n        shall apply to petitions filed under section 6330 of the \n        Internal Revenue Code of 1986 after the date of the enactment \n        of this Act.\n    (c) Conforming Amendment.--Subsection (c) of section 6320 is \namended by striking ``(2)(B)'' and inserting ``(3)(B)''.\n\nSEC. 105. APPLICATION OF FEDERAL RULES OF EVIDENCE.\n\n    (a) In General.--Section 7453 is amended by striking ``the rules of \nevidence applicable in trials without a jury in the United States \nDistrict Court of the District of Columbia'' and inserting ``the \nFederal Rules of Evidence''.\n    (b) Effective Date.--The amendment made by this section shall apply \nto proceedings commenced after the date of the enactment of this Act \nand, to the extent that it is just and practicable, to all proceedings \npending on such date.\n\n            TITLE II--UNITED STATES TAX COURT ADMINISTRATION\n\nSEC. 201. JUDICIAL CONDUCT AND DISABILITY PROCEDURES.\n\n    (a) In General.--Part II of subchapter C of chapter 76 is amended \nby adding at the end the following new section:\n\n``SEC. 7466. JUDICIAL CONDUCT AND DISABILITY PROCEDURES.\n\n    ``(a) In General.--The Tax Court shall prescribe rules, consistent \nwith the provisions of chapter 16 of title 28, United States Code, \nestablishing procedures for the filing of complaints with respect to \nthe conduct of any judge or magistrate judge of the Tax Court and for \nthe investigation and resolution of such complaints. In investigating \nand taking action with respect to any such complaint, the Tax Court \nshall have the powers granted to a judicial council under such chapter.\n    ``(b) Judicial Council.--The provisions of sections 354(b) through \n360 of title 28, United States Code, regarding referral or \ncertification to, and petition for review in the Judicial Conference of \nthe United States, and action thereon, shall apply to the exercise by \nthe Tax Court of the powers of a judicial council under subsection (a). \nThe determination pursuant to section 354(b) or 355 of title 28, United \nStates Code, shall be made based on the grounds for removal of a judge \nfrom office under section 7443(f), and certification and transmittal by \nthe Conference of any complaint shall be made to the President for \nconsideration under section 7443(f).\n    ``(c) Hearings.--\n            ``(1) In general.--In conducting hearings pursuant to \n        subsection (a), the Tax Court may exercise the authority \n        provided under section 1821 of title 28, United States Code, to \n        pay the fees and allowances described in that section.\n            ``(2) Reimbursement for expenses.--The Tax Court shall have \n        the power provided under section 361 of such title 28 to award \n        reimbursement for the reasonable expenses described in that \n        section. Reimbursements under this paragraph shall be made out \n        of any funds appropriated for purposes of the Tax Court.''.\n    (b) Clerical Amendment.--The table of sections for part II of \nsubchapter C of chapter 76 is amended by adding at the end the \nfollowing new item:\n\n``Sec. 7466. Judicial conduct and disability procedures.''.\n    (c) Effective Date.--The amendments made by this section shall \napply to proceedings commenced after the date which is 180 days after \nthe date of the enactment of this Act and, to the extent just and \npracticable, all proceedings pending on such date.\n\nSEC. 202. ADMINISTRATION, JUDICIAL CONFERENCE, AND FEES.\n\n    (a) In General.--Part III of subchapter C of chapter 76 is amended \nby inserting before section 7471 the following new sections:\n\n``SEC. 7470. ADMINISTRATION.\n\n    ``Notwithstanding any other provision of law, the Tax Court may \nexercise, for purposes of management, administration, and expenditure \nof funds of the Court, the authorities provided for such purposes by \nany provision of law (including any limitation with respect to such \nprovision of law) applicable to a court of the United States (as that \nterm is defined in section 451 of title 28, United States Code), except \nto the extent that such provision of law is inconsistent with a \nprovision of this subchapter.\n\n``SEC. 7470A. JUDICIAL CONFERENCE.\n\n    ``(a) Judicial Conference.--The chief judge may summon the judges \nand magistrate judges of the Tax Court to an annual judicial \nconference, at such time and place as the chief judge shall designate, \nfor the purpose of considering the business of the Tax Court and \nrecommending means of improving the administration of justice within \nthe jurisdiction of the Tax Court. The Tax Court shall provide by its \nrules for representation and active participation at such conferences \nby persons admitted to practice before the Tax Court and by other \npersons active in the legal profession.\n    ``(b) Registration Fee.--The Tax Court may impose a reasonable \nregistration fee on persons (other than judges and magistrate judges of \nthe Tax Court) participating at judicial conferences convened pursuant \nto subsection (a). Amounts so received by the Tax Court shall be \navailable to the Tax Court to defray the expenses of such \nconferences.''.\n    (b) Disposition of Fees.--Section 7473 is amended to read as \nfollows:\n\n``SEC. 7473. DISPOSITION OF FEES.\n\n    ``Except as provided in sections 7470A and 7475, all fees received \nby the Tax Court pursuant to this title shall be deposited into a \nspecial fund of the Treasury to be available to offset funds \nappropriated for the operation and maintenance of the Tax Court.''.\n    (c) Clerical Amendments.--The table of sections for part III of \nsubchapter C of chapter 76 is amended by inserting before the item \nrelating to section 7471 the following new items:\n\n``Sec. 7470. Administration.\n``Sec. 7470A. Judicial conference.''.\n\n      TITLE III--CLARIFICATION RELATING TO UNITED STATES TAX COURT\n\nSEC. 301. CLARIFICATION RELATING TO UNITED STATES TAX COURT.\n\n    Section 7441 is amended by adding at the end the following: ``The \nTax Court is not an agency of, and shall be independent of, the \nexecutive branch of the Government.''.","title":""}
+{"_id":"c70","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Air Travelers Fair Treatment Act of \n2001''.\n\nSEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS.\n\n    Section 41712 of title 49, United States Code, is amended by adding \nat the end the following:\n    ``(c) Specific Practices.--For purposes of subsection (a), the term \n`unfair or deceptive practice' includes each of the following:\n            ``(1) Flight delays.--The failure of an air carrier or \n        foreign air carrier to provide a passenger of the carrier with \n        an accurate explanation of the reasons for a flight delay, \n        cancellation, or diversion from a ticketed itinerary.\n            ``(2) Termination of ticket agents.--In the case of a \n        termination, cancellation, nonrenewal, or substantial change in \n        the competitive circumstances of the appointment of a ticket \n        agent by an air carrier or foreign air carrier, the failure of \n        the air carrier or foreign air carrier--\n                    ``(A) to provide the ticket agent with written \n                notice, and a full statement of reasons for the action, \n                on or before the 90th day preceding the action; and\n                    ``(B) to provide the ticket agent with at least 60 \n                days to correct any deficiency claimed in the written \n                notice,\n        except in cases of insolvency, an assignment for the benefit of \n        creditors, bankruptcy, or nonpayment of sums due under the \n        appointment.''.\n\nSEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS.\n\n    Section 41713(b)(1) of title 49, United States Code, is amended by \nstriking ``related to a price, route, or service of an air carrier that \nmay provide air transportation under this subpart'' and inserting \n``that directly prescribes a price, route, or level of service for air \ntransportation provided by an air carrier under this subpart''.\n\nSEC. 4. EMERGENCY MEDICAL ASSISTANCE; RIGHT OF EGRESS.\n\n    (a) In General.--Subchapter I of chapter 417 of title 49, United \nStates Code, is amended by adding at the end the following:\n``Sec. 41722. Airline passenger rights\n    ``(a) Right to In-Flight Emergency Medical Care.--\n            ``(1) In general.--The Secretary of Transportation shall \n        prescribe regulations to establish minimum standards for \n        resuscitation, emergency medical, and first-aid equipment and \n        supplies to be carried on board an aircraft operated by an air \n        carrier in air transportation that is capable of carrying at \n        least 30 passengers.\n            ``(2) Considerations.--In prescribing regulations under \n        paragraph (1), the Secretary shall consider--\n                    ``(A) the weight and size of the equipment \n                described in paragraph (1);\n                    ``(B) the need for special training of air carrier \n                personnel to operate the equipment safely and \n                effectively;\n                    ``(C) the space limitations of each type of \n                aircraft;\n                    ``(D) the effect of the regulations on aircraft \n                operations;\n                    ``(E) the practical experience of airlines in \n                carrying and operating similar equipment; and\n                    ``(F) other relevant factors.\n            ``(3) Consultation.--Before prescribing regulations under \n        paragraph (1), the Secretary shall consult with the Surgeon \n        General of the Public Health Service.\n    ``(b) Right To Exit Aircraft.--No air carrier or foreign air \ncarrier operating an aircraft in air transportation shall prevent or \nhinder (including by failing to assist) any passenger from exiting the \naircraft (under the same circumstances as any member of the flight crew \nis permitted to exit the aircraft) if--\n            ``(1) the aircraft is parked at an airport terminal gate \n        with access to ramp or other facilities through which \n        passengers are customarily boarded and deplaned;\n            ``(2) the aircraft has remained at the gate more than 1 \n        hour past its scheduled departure time; and\n            ``(3) the captain of the aircraft has not been informed by \n        air traffic control authorities that the aircraft can be \n        cleared for departure within 15 minutes.''.\n    (b) Conforming Amendment.--The analysis for chapter 417 of title \n49, United States Code, is amended by adding at the end the following:\n\n``41722. Airline passenger rights.''.\n\nSEC. 5. CONSUMER ACCESS TO INFORMATION.\n\n    (a) Requirement for Program.--\n            (1) In general.--Chapter 447 of title 49, United States \n        Code, is amended by adding at the end the following new \n        section:\n``Sec. 44727. Air traveler safety program\n    ``(a) In General.--\n            ``(1) Written information.--The Secretary of Transportation \n        (in this section referred to as the `Secretary') shall require \n        in regulations, for a period determined by the Secretary, that \n        each air carrier that provides interstate air transportation or \n        foreign air transportation to provide written information upon \n        request, to passengers that purchase passage for interstate or \n        foreign air transportation concerning the following:\n                    ``(A) Safety inspection reviews conducted by the \n                Administrator of the Federal Aviation Administration \n                (in this section referred to as the `Administrator') on \n                the aircraft of that air carrier.\n                    ``(B) The safety ranking of that air carrier, as \n                determined by the Administrator in accordance with \n                applicable law.\n                    ``(C) The compliance of the members of the crew of \n                the aircraft with any applicable certification \n                requirements under this subtitle.\n            ``(2) Guidelines.--The regulations issued by the Secretary \n        under this subsection shall provide guidelines for air carriers \n        relating to the provision of the information referred to in \n        paragraph (1).\n            ``(3) Request for information.--An air carrier shall be \n        required to provide to a passenger, on request, any information \n        concerning the safety of aircraft and the competency of persons \n        issued a certificate under this subtitle for the operation of \n        the aircraft that the Secretary, to the extent allowable by \n        law, determines to be appropriate.\n    ``(b) Submission of Performance Review.--\n            ``(1) In general.--Not later than December 31 of each year, \n        the Secretary shall submit a report to Congress regarding the \n        safety of air carriers that provide interstate or foreign air \n        transportation. The report shall include with respect to the \n        year in which the report is filed--\n                    ``(A) the number of accidents and a description of \n                such accidents of air carriers attributable to each air \n                carrier that provides interstate or foreign air \n                transportation; and\n                    ``(B) the names of makers of aircraft that have \n                been involved in an accident.\n            ``(2) Availability of information.--The Secretary shall \n        make the annual report under paragraph (1) available to any \n        person or entity upon request.\n    ``(c) Victims' Rights Program.--\n            ``(1) In general.--The National Transportation Safety Board \n        shall establish and administer a program for victims and \n        survivors of aircraft accidents in air commerce. Under that \n        program, the National Transportation Safety Board shall ensure \n        that such victims and survivors of an accident receive, to the \n        extent allowable by law, immediate and unrestricted access to \n        information on the accident that is made available from--\n                    ``(A) the air carrier involved in an accident in \n                air commerce;\n                    ``(B) the Federal Government; and\n                    ``(C) State governments and political subdivisions \n                thereof.\n            ``(2) Classified information.--Nothing in paragraph (1) may \n        be construed to authorize a release of information that is \n        specifically authorized under criteria established by an \n        Executive order to be kept secret in the interest of national \n        defense or foreign policy.\n    ``(d) Coordination of Victim Assistance.--\n            ``(1) In general.--The National Transportation Safety \n        Board, in cooperation with officials of appropriate Federal \n        agencies and the American Red Cross, shall establish a program \n        to ensure the coordination of the disclosure of information \n        under subsection (c) and assistance provided to victims of an \n        accident in air commerce.\n            ``(2) Establishment of toll-free telephone line.--\n                    ``(A) In general.--The National Transportation \n                Safety Board, in cooperation with officials of the \n                appropriate Federal agencies and the American Red \n                Cross, shall establish a toll-free telephone line to \n                facilitate the provision of information under paragraph \n                (3).\n                    ``(B) Action by the national transportation safety \n                board.--The National Transportation Safety Board shall \n                take such action as may be necessary to ensure--\n                            ``(i) the publication of the telephone \n                        number of the telephone line established under \n                        subparagraph (A) in newspapers of general \n                        circulation; and\n                            ``(ii) the provision of such number on \n                        national television news programs.\n            ``(3) Information provided by telephone line.--The \n        telephone line established under paragraph (2) shall provide \n        the following information concerning an accident in air \n        commerce:\n                    ``(A) The identifier name and number of the \n                aircraft involved in the accident.\n                    ``(B) The names of known victims of the accident.\n                    ``(C) The status of the investigation of the \n                accident.\n                    ``(D) A list of appropriate Federal agencies and \n                contacts.\n                    ``(E) The facilities at which victims of the \n                accident may be identified.\n    ``(e) Civil Penalties.--\n            ``(1) In general.--Any air carrier that fails to provide \n        information in accordance with this section shall be liable for \n        a civil penalty in an amount not to exceed $100,000 per \n        violation.\n            ``(2) Travel agencies and other persons not covered.--\n        Paragraph (1) shall not apply to a travel agency or other \n        person that does not provide interstate or foreign air \n        transportation.\n    ``(f) Authorization of Appropriations.--There are authorized to be \nappropriated such sums as may be necessary to carry out this \nsection.''.\n            (2) Conforming amendment.--The analysis for chapter 447 of \n        title 49, United States Code, is amended by adding at the end \n        the following new item:\n\n``44727. Air traveler safety program.''.\n    (b) Time for Regulations.--The Secretary of Transportation shall \nissue the regulations required by subsection (a) of section 44727 of \ntitle 49, United States Code (as added by subsection (a)), not later \nthan 90 days after the date of enactment of this Act.\n    (c) Submittal of First Annual Report.--The Secretary of \nTransportation shall submit the first annual report to Congress under \nsubsection (b) of such section 44727 not later than December 31, 2001.","title":""}
+{"_id":"c71","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Airport Streamlining Approval \nProcess Act of 2002''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds that--\n            (1) airports play a major role in interstate and foreign \n        commerce;\n            (2) congestion and delays at our Nation's major airports \n        have a significant negative impact on our Nation's economy;\n            (3) airport capacity enhancement projects at congested \n        airports are a national priority and should be constructed on \n        an expedited basis;\n            (4) airport capacity enhancement projects must include an \n        environmental review process that provides local citizenry an \n        opportunity for consideration of and appropriate action to \n        address environmental concerns; and\n            (5) the Federal Aviation Administration, airport \n        authorities, communities, and other Federal, State, and local \n        government agencies must work together to develop a plan, set \n        and honor milestones and deadlines, and work to protect the \n        environment while sustaining the economic vitality that will \n        result from the continued growth of aviation.\n\nSEC. 3. PROMOTION OF NEW RUNWAYS.\n\n    Section 40104 of title 49, United States Code, is amended by adding \nat the end the following:\n    ``(c) Airport Capacity Enhancement Projects at Congested \nAirports.--In carrying out subsection (a), the Administrator shall take \naction to encourage the construction of airport capacity enhancement \nprojects at congested airports as those terms are defined in section \n47179.''.\n\nSEC. 4. AIRPORT PROJECT STREAMLINING.\n\n    (a) In General.--Chapter 471 of title 49, United States Code, is \namended by inserting after section 47153 the following:\n\n             ``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING\n\n``Sec. 47171. DOT as lead agency\n    ``(a) Airport Project Review Process.--The Secretary of \nTransportation shall develop and implement a coordinated review process \nfor airport capacity enhancement projects at congested airports.\n    ``(b) Coordinated Reviews.--The coordinated review process under \nthis section shall provide that all environmental reviews, analyses, \nopinions, permits, licenses, and approvals that must be issued or made \nby a Federal agency or airport sponsor for an airport capacity \nenhancement project at a congested airport will be conducted \nconcurrently, to the maximum extent practicable, and completed within a \ntime period established by the Secretary, in cooperation with the \nagencies identified under subsection (c) with respect to the project.\n    ``(c) Identification of Jurisdictional Agencies.--With respect to \neach airport capacity enhancement project at a congested airport, the \nSecretary shall identify, as soon as practicable, all Federal and State \nagencies that may have jurisdiction over environmental-related matters \nthat may be affected by the project or may be required by law to \nconduct an environmental-related review or analysis of the project or \ndetermine whether to issue an environmental-related permit, license, or \napproval for the project.\n    ``(d) State Authority.--If a coordinated review process is being \nimplemented under this section by the Secretary with respect to a \nproject at an airport within the boundaries of a State, the State, \nconsistent with State law, may choose to participate in such process \nand provide that all State agencies that have jurisdiction over \nenvironmental-related matters that may be affected by the project or \nmay be required by law to conduct an environmental-related review or \nanalysis of the project or determine whether to issue an environmental-\nrelated permit, license, or approval for the project, be subject to the \nprocess.\n    ``(e) Memorandum of Understanding.--The coordinated review process \ndeveloped under this section may be incorporated into a memorandum of \nunderstanding for a project between the Secretary and the heads of \nother Federal and State agencies identified under subsection (c) with \nrespect to the project and the airport sponsor.\n    ``(f) Effect of Failure To Meet Deadline.--\n            ``(1) Notification of congress and ceq.--If the Secretary \n        determines that a Federal agency, State agency, or airport \n        sponsor that is participating in a coordinated review process \n        under this section with respect to a project has not met a \n        deadline established under subsection (b) for the project, the \n        Secretary shall notify, within 30 days of the date of such \n        determination, the Committee on Transportation and \n        Infrastructure of the House of Representatives, the Committee \n        on Commerce, Science, and Transportation of the Senate, the \n        Council on Environmental Quality, and the agency or sponsor \n        involved about the failure to meet the deadline.\n            ``(2) Agency report.--Not later than 30 days after date of \n        receipt of a notice under paragraph (1), the agency or sponsor \n        involved shall submit a report to the Secretary, the Committee \n        on Transportation and Infrastructure of the House of \n        Representatives, the Committee on Commerce, Science, and \n        Transportation of the Senate, and the Council on Environmental \n        Quality explaining why the agency or sponsor did not meet the \n        deadline and what actions it intends to take to complete or \n        issue the required review, analysis, opinion, license, or \n        approval.\n    ``(g) Purpose and Need.--For any environmental review, analysis, \nopinion, permit, license, or approval that must be issued or made by a \nFederal or State agency that is participating in a coordinated review \nprocess under this section with respect to an airport capacity \nenhancement project at a congested airport and that requires an \nanalysis of purpose and need for the project, the agency, \nnotwithstanding any other provision of law, shall be bound by the \nproject purpose and need as defined by the Secretary.\n    ``(h) Alternatives Analysis.--The Secretary shall determine the \nreasonable alternatives to an airport capacity enhancement project at a \ncongested airport. Any other Federal or State agency that is \nparticipating in a coordinated review process under this section with \nrespect to the project shall consider only those alternatives to the \nproject that the Secretary has determined are reasonable.\n    ``(i) Solicitation and Consideration of Comments.--In applying \nsubsections (g) and (h), the Secretary shall solicit and consider \ncomments from interested persons and governmental entities.\n``Sec. 47172. Categorical exclusions\n    ``Not later than 120 days after the date of enactment of this \nsection, the Secretary of Transportation shall develop and publish a \nlist of categorical exclusions from the requirement that an \nenvironmental assessment or an environmental impact statement be \nprepared under the National Environmental Policy Act of 1969 (42 U.S.C. \n4321 et seq.) for projects at airports.\n``Sec. 47173. Access restrictions to ease construction\n    ``At the request of an airport sponsor for a congested airport, the \nSecretary of Transportation may approve a restriction on use of a \nrunway to be constructed at the airport to minimize potentially \nsignificant adverse noise impacts from the runway only if the Secretary \ndetermines that imposition of the restriction--\n            ``(1) is necessary to mitigate those impacts and expedite \n        construction of the runway;\n            ``(2) is the most appropriate and a cost-effective measure \n        to mitigate those impacts, taking into consideration any \n        environmental tradeoffs associated with the restriction; and\n            ``(3) would not adversely affect service to small \n        communities, adversely affect safety or efficiency of the \n        national airspace system, unjustly discriminate against any \n        class of user of the airport, or impose an undue burden on \n        interstate or foreign commerce.\n``Sec. 47174. Airport revenue to pay for mitigation\n    ``(a) In General.--Notwithstanding section 47107(b), section 47133, \nor any other provision of this title, the Secretary of Transportation \nmay allow an airport sponsor carrying out an airport capacity \nenhancement project at a congested airport to make payments, out of \nrevenues generated at the airport (including local taxes on aviation \nfuel), for measures to mitigate the environmental impacts of the \nproject if the Secretary finds that--\n            ``(1) the mitigation measures are included as part of, or \n        are consistent with, the preferred alternative for the project \n        in the documentation prepared pursuant to the National \n        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);\n            ``(2) the use of such revenues will provide a significant \n        incentive for, or remove an impediment to, approval of the \n        project by a State or local government; and\n            ``(3) the cost of the mitigation measures is reasonable in \n        relation to the mitigation that will be achieved.\n    ``(b) Mitigation of Aircraft Noise.--Mitigation measures described \nin subsection (a) may include the insulation of residential buildings \nand buildings used primarily for educational or medical purposes to \nmitigate the effects of aircraft noise and the improvement of such \nbuildings as required for the insulation of the buildings under local \nbuilding codes.\n``Sec. 47175. Airport funding of FAA staff\n    ``(a) Acceptance of Sponsor-Provided Funds.--Notwithstanding any \nother provision of law, the Administrator of the Federal Aviation \nAdministration may accept funds from an airport sponsor, including \nfunds provided to the sponsor under section 47114(c), to hire \nadditional staff or obtain the services of consultants in order to \nfacilitate the timely processing, review, and completion of \nenvironmental activities associated with an airport development \nproject.\n    ``(b) Administrative Provision.--Instead of payment from an airport \nsponsor from funds apportioned to the sponsor under section 47114, the \nAdministrator, with agreement of the sponsor, may transfer funds that \nwould otherwise be apportioned to the sponsor under section 47114 to \nthe account used by the Administrator for activities described in \nsubsection (a).\n    ``(c) Receipts Credited as Offsetting Collections.--Notwithstanding \nsection 3302 of title 31, any funds accepted under this section, except \nfunds transferred pursuant to subsection (b)--\n            ``(1) shall be credited as offsetting collections to the \n        account that finances the activities and services for which the \n        funds are accepted;\n            ``(2) shall be available for expenditure only to pay the \n        costs of activities and services for which the funds are \n        accepted; and\n            ``(3) shall remain available until expended.\n    ``(d) Maintenance of Effort.--No funds may be accepted pursuant to \nsubsection (a), or transferred pursuant to subsection (b), in any \nfiscal year in which the Federal Aviation Administration does not \nallocate at least the amount it expended in fiscal year 2002, excluding \namounts accepted pursuant to section 337 of the Department of \nTransportation and Related Agencies Appropriations Act, 2002 (115 Stat. \n862), for the activities described in subsection (a).\n``Sec. 47176. Authorization of appropriations\n    ``In addition to the amounts authorized to be appropriated under \nsection 106(k), there is authorized to be appropriated to the Secretary \nof Transportation, out of the Airport and Airway Trust Fund established \nunder section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. \n9502), $2,100,000 for fiscal year 2003 and $4,200,000 for each fiscal \nyear thereafter to facilitate the timely processing, review, and \ncompletion of environmental activities associated with airport capacity \nenhancement projects at congested airports.\n``Sec. 47177. Judicial review\n    ``(a) Filing and Venue.--A person disclosing a substantial interest \nin an order issued by the Secretary of Transportation or the head of \nany other Federal agency under this part or a person or agency relying \non any determination made under this part may apply for review of the \norder by filing a petition for review in the United States Court of \nAppeals for the District of Columbia Circuit or in the court of appeals \nof the United States for the circuit in which the person resides or has \nits principal place of business. The petition must be filed not later \nthan 60 days after the order is issued. The court may allow the \npetition to be filed after the 60th day only if there are reasonable \ngrounds for not filing by the 60th day.\n    ``(b) Judicial Procedures.--When a petition is filed under \nsubsection (a) of this section, the clerk of the court immediately \nshall send a copy of the petition to the Secretary or the head of any \nother Federal agency involved. The Secretary or the head of such other \nagency shall file with the court a record of any proceeding in which \nthe order was issued.\n    ``(c) Authority of Court.--When the petition is sent to the \nSecretary or the head of any other Federal agency involved, the court \nhas exclusive jurisdiction to affirm, amend, modify, or set aside any \npart of the order and may order the Secretary or the head of such other \nagency to conduct further proceedings. After reasonable notice to the \nSecretary or the head of such other agency, the court may grant interim \nrelief by staying the order or taking other appropriate action when \ngood cause for its action exists. Findings of fact by the Secretary or \nthe head of such other agency are conclusive if supported by \nsubstantial evidence.\n    ``(d) Requirement for Prior Objection.--In reviewing an order of \nthe Secretary or the head of any other Federal agency under this \nsection, the court may consider an objection to the action of the \nSecretary or the head of such other agency only if the objection was \nmade in the proceeding conducted by the Secretary or the head of such \nother agency or if there was a reasonable ground for not making the \nobjection in the proceeding.\n    ``(e) Supreme Court Review.--A decision by a court under this \nsection may be reviewed only by the Supreme Court under section 1254 of \ntitle 28.\n    ``(f) Order Defined.--In this section, the term `order' includes a \nrecord of decision or a finding of no significant impact.\n``Sec. 47178. Definitions\n    ``In this subchapter, the following definitions apply:\n            ``(1) Airport sponsor.--The term `airport sponsor' has the \n        meaning given the term `sponsor' under section 47102.\n            ``(2) Congested airport.--The term `congested airport' \n        means an airport that accounted for at least 1 percent of all \n        delayed aircraft operations in the United States in the most \n        recent year for which such data is available and an airport \n        listed in table 1 of the Federal Aviation Administration's \n        Airport Capacity Benchmark Report 2001.\n            ``(3) Airport capacity enhancement project.--The term \n        `airport capacity enhancement project' means--\n                    ``(A) a project for construction or extension of a \n                runway, including any land acquisition, taxiway, or \n                safety area associated with the runway or runway \n                extension; and\n                    ``(B) such other airport development projects as \n                the Secretary may designate as facilitating a reduction \n                in air traffic congestion and delays.''.\n    (b) Conforming Amendment.--The analysis for chapter 471 of such \ntitle is amended by adding at the end the following:\n\n             ``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING\n\n``47171. DOT as lead agency.\n``47172. Categorical exclusions.\n``47173. Access restrictions to ease construction.\n``47174. Airport revenue to pay for mitigation.\n``47175. Airport funding of FAA staff.\n``47176. Authorization of appropriations.\n``47177. Judicial review.\n``47178. Definitions.''.\n\nSEC. 5. GOVERNOR'S CERTIFICATE.\n\n    Section 47106(c) of title 49, United States Code, is amended--\n            (1) in paragraph (1)--\n                    (A) by inserting ``and'' after the semicolon at the \n                end of subparagraph (A)(ii);\n                    (B) by striking subparagraph (B); and\n                    (C) by redesignating subparagraph (C) as \n                subparagraph (B);\n            (2) in paragraph (2)(A) by striking ``stage 2'' and \n        inserting ``stage 3'';\n            (3) by striking paragraph (4); and\n            (4) by redesignating paragraph (5) as paragraph (4).\n\nSEC. 6. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS.\n\n    Section 47504(c)(2) of title 49, United States Code, is amended--\n            (1) by striking ``and'' at the end of subparagraph (C);\n            (2) by striking the period at the end of subparagraph (D) \n        and inserting ``; and''; and\n            (3) by adding at the end the following:\n                    ``(E) to an airport operator of a congested airport \n                (as defined in section 47178) and a unit of local \n                government referred to in paragraph (1)(A) or (1)(B) of \n                this subsection to carry out a project to mitigate \n                noise in the area surrounding the airport if the \n                project is included as a commitment in a record of \n                decision of the Federal Aviation Administration for an \n                airport capacity enhancement project (as defined in \n                section 47178) even if that airport has not met the \n                requirements of part 150 of title 14, Code of Federal \n                Regulations.''.\n\nSEC. 7. LIMITATIONS.\n\n    Nothing in this Act, including any amendment made by this Act, \nshall preempt or interfere with--\n            (1) any practice of seeking public comment; and\n            (2) any power, jurisdiction, or authority of a State agency \n        or an airport sponsor has with respect to carrying out an \n        airport capacity enhancement project.\n\n            Passed the House of Representatives July 9, 2002.\n\n            Attest:\n\n                                                 JEFF TRANDAHL,\n\n                                                                 Clerk.\n\n                            By Martha C. Morrison,\n\n                                                          Deputy Clerk.","title":""}
+{"_id":"c72","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Alcohol Tax Equalization Act''.\n\nSEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC \n              EQUIVALENT OF TAXES ON DISTILLED SPIRITS.\n\n    (a) Wine.--\n            (1) Wines containing not more than 14 percent alcohol.--\n        Paragraph (1) of section 5041(b) of the Internal Revenue Code \n        of 1986 (relating to rates of tax on wines) is amended by \n        striking ``$1.07'' and inserting ``$2.97''.\n            (2) Wines containing more than 14 (but not more than 21) \n        percent alcohol.--Paragraph (2) of section 5041(b) of such Code \n        is amended by striking ``$1.57'' and inserting ``$4.86''.\n            (3) Wines containing more than 21 (but not more than 24) \n        percent alcohol.--Paragraph (3) of section 5041(b) of such Code \n        is amended by striking ``$3.15'' and inserting ``$6.08''.\n    (b) Beer.--\n            (1) In general.--Paragraph (1) of section 5051(a) of such \n        Code (relating to imposition and rate of tax on beer) is \n        amended by striking ``$18'' and inserting ``$37.67''.\n            (2) Small brewers.--Subparagraph (A) of section 5051(a)(2) \n        of such Code (relating to reduced rate for certain domestic \n        production) is amended by striking ``$7'' each place it appears \n        and inserting ``$26.67''.\n    (c) Effective Date.--The amendments made by this section shall take \neffect on January 1, 1995.\n    (d) Floor Stocks Taxes.--\n            (1) Imposition of tax.--\n                    (A) In general.--In the case of any tax-increased \n                article--\n                            (i) on which tax was determined under part \n                        I of subchapter A of chapter 51 of the Internal \n                        Revenue Code of 1986 or section 7652 of such \n                        Code before January 1, 1995, and\n                            (ii) which is held on such date for sale by \n                        any person,\n                there shall be imposed a tax at the applicable rate on \n                each such article.\n                    (B) Applicable rate.--For purposes of clause (i), \n                the applicable rate is--\n                            (i) $1.90 per wine gallon in the case of \n                        wine described in paragraph (1) of section \n                        5041(b) of such Code,\n                            (ii) $3.29 per wine gallon in the case of \n                        wine described in paragraph (2) of section \n                        5041(b) of such Code,\n                            (iii) $2.93 per wine gallon in the case of \n                        wine described in paragraph (3) of section \n                        5041(b) of such Code, and\n                            (iv) $19.67 per barrel in the case of beer.\n                In the case of a fraction of a gallon or barrel, the \n                tax imposed by subparagraph (A) shall be the same \n                fraction as the amount of such tax imposed on a whole \n                gallon or barrel.\n                    (C) Tax-increased article.--For purposes of this \n                subsection, the term ``tax-increased article'' means \n                wine described in paragraph (1), (2), or (3) of section \n                5041(b) of such Code and beer.\n            (2) Exception for certain small wholesale or retail \n        dealers.--No tax shall be imposed by subparagraph (A) on tax-\n        increased articles held on January 1, 1995, by any dealer if--\n                    (A) the aggregate liquid volume of tax-increased \n                articles held by such dealer on such date does not \n                exceed 500 wine gallons, and\n                    (B) such dealer submits to the Secretary (at the \n                time and in the manner required by the Secretary) such \n                information as the Secretary shall require for purposes \n                of this subparagraph.\n            (3) Liability for tax and method of payment.--\n                    (A) Liability for tax.--A person holding any tax-\n                increased article on January 1, 1995, to which the tax \n                imposed by paragraph (1) applies shall be liable for \n                such tax.\n                    (B) Method of payment.--The tax imposed by \n                paragraph (1) shall be paid in such manner as the \n                Secretary shall prescribe by regulations.\n                    (C) Time for payment.--The tax imposed by paragraph \n                (1) shall be paid on or before June 30, 1995.\n            (4) Controlled groups.--\n                    (A) Corporations.--In the case of a controlled \n                group, the 500 wine gallon amount specified in \n                paragraph (2), shall be apportioned among the dealers \n                who are component members of such group in such manner \n                as the Secretary shall by regulations prescribe. For \n                purposes of the preceding sentence, the term \n                ``controlled group'' has the meaning given to such term \n                by subsection (a) of section 1563 of such Code; except \n                that for such purposes the phrase ``more than 50 \n                percent'' shall be substituted for the phrase ``at \n                least 80 percent'' each place it appears in such \n                subsection.\n                    (B) Nonincorporated dealers under common control.--\n                Under regulations prescribed by the Secretary, \n                principles similar to the principles of subparagraph \n                (A) shall apply to a group of dealers under common \n                control where 1 or more of such dealers is not a \n                corporation.\n            (5) Other laws applicable.--\n                    (A) In general.--All provisions of law, including \n                penalties, applicable to the comparable excise tax with \n                respect to any tax-increased article shall, insofar as \n                applicable and not inconsistent with the provisions of \n                this paragraph, apply to the floor stocks taxes imposed \n                by paragraph (1) to the same extent as if such taxes \n                were imposed by the comparable excise tax.\n                    (B) Comparable excise tax.--For purposes of \n                subparagraph (A), the term ``comparable excise tax'' \n                means--\n                            (i) the tax imposed by section 5041 of such \n                        Code in the case of wine, and\n                            (ii) the tax imposed by section 5051 of \n                        such Code in the case of beer.\n            (6) Definitions.--For purposes of this subsection--\n                    (A) In general.--Terms used in this paragraph which \n                are also used in subchapter A of chapter 51 of such \n                Code shall have the respective meanings such terms have \n                in such part.\n                    (B) Person.--The term ``person'' includes any State \n                or political subdivision thereof, or any agency or \n                instrumentality of a State or political subdivision \n                thereof.\n                    (C) Secretary.--The term ``Secretary'' means the \n                Secretary of the Treasury or his delegate.\n\nSEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES.\n\n    (a) General Rule.--Subpart E of part I of subchapter A of chapter \n51 of the Internal Revenue Code of 1986 is amended by inserting before \nsection 5061 the following new section:\n\n``SEC. 5060. INDEXATION OF RATES.\n\n    ``(a) General Rule.--Effective during each calendar year after \n1995, each tax rate set forth in subsection (b) shall be increased by \nan amount equal to--\n            ``(1) such rate as in effect without regard to this \n        section, multiplied by\n            ``(2) the cost-of-living adjustment for such calendar year \n        determined under section 1(f)(3) by substituting `calendar year \n        1994' for `calendar year 1992' in subparagraph (B) thereof.\nAny increase determined under the preceding sentence shall be rounded \nto the nearest multiple of 1 cent.\n    ``(b) Tax Rates.--The tax rates set forth in this subsection are \nthe rates contained in the following provisions:\n            ``(1) Paragraphs (1) and (3) of section 5001(a).\n            ``(2) Paragraphs (1), (2), (3), (4), and (5) of section \n        4041(b).\n            ``(3) Paragraphs (1) and (2)(A) of section 5051(a).''\n    (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section \n5010(a) are each amended by striking ``$13.50'' and inserting ``the \nrate in effect under section 5001(a)(1)''.\n    (c) Clerical Amendment.--The table of sections for subpart E of \npart I of subchapter A of chapter 51 of such Code is amended by \ninserting before the item relating to section 5061 the following new \nitem:\n\n                              ``Sec. 5060. Indexation of rates.''\n\nSEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.\n\n    (a) General Rule.--Subchapter A of chapter 98 of the Internal \nRevenue Code of 1986 (relating to establishment of trust funds) is \namended by adding at the end thereof the following new section:\n\n``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.\n\n    ``(a) Creation of Trust Fund.--There is established in the Treasury \nof the United States a trust fund to be known as the `Mental Health and \nSubstance Abuse Benefits Trust Fund', consisting of such amounts as may \nbe appropriated or credited to such Trust Fund as provided in this \nsection or section 9602(b).\n    ``(b) Transfers to Trust Fund.--There are hereby appropriated to \nthe Mental Health and Substance Abuse Benefits Trust Fund amounts \nequivalent to the additional taxes received in the Treasury under \nchapter 51 by reason of the amendments made by sections 2 and 3 of the \nAlcohol Tax Equalization Act.\n    ``(c) Expenditures From Trust Fund.--Amounts in the Mental Health \nand Substance Abuse Benefits Trust Fund shall be available, as provided \nin appropriation Acts, for purposes of providing mental health and \nsubstance abuse benefits under health care reform legislation hereafter \nenacted.''\n    (b) Clerical Amendment.--The table of sections for subchapter A of \nchapter 98 is amended by adding at the end thereof the following new \nitem:\n\n                              ``Sec. 9512. Mental health and substance \n                                        abuse benefits trust fund.''","title":""}
+{"_id":"c73","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Algae-based Renewable Fuel Promotion \nAct of 2010''.\n\nSEC. 2. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE \n              CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC.\n\n    (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the \nInternal Revenue Code of 1986 is amended to read as follows:\n                                    ``(I) is derived solely from \n                                qualified feedstocks, and''.\n    (b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of \nsection 40(b) of such Code is amended by redesignating subparagraphs \n(F), (G), and (H) as subparagraphs (H), (I), and (J), respectively, and \nby inserting after subparagraph (E) the following new subparagraphs:\n                    ``(F) Qualified feedstock.--For purposes of this \n                paragraph, the term `qualified feedstock' means--\n                            ``(i) any lignocellulosic or hemicellulosic \n                        matter that is available on a renewable or \n                        recurring basis, and\n                            ``(ii) any cultivated algae, cyanobacteria, \n                        or lemna.\n                    ``(G) Special rules for algae.--In the case of fuel \n                which is derived from feedstock described in \n                subparagraph (F)(ii) and which is sold by the taxpayer \n                to another person for refining by such other person \n                into a fuel which meets the requirements of \n                subparagraph (E)(i)(II)--\n                            ``(i) such sale shall be treated as \n                        described in subparagraph (C)(i),\n                            ``(ii) such fuel shall be treated as \n                        meeting the requirements of subparagraph \n                        (E)(i)(II) in the hands of such taxpayer, and\n                            ``(iii) except as provided in this \n                        subparagraph, such fuel (and any fuel derived \n                        from such fuel) shall not be taken into account \n                        under subparagraph (C) with respect to the \n                        taxpayer or any other person.''.\n    (c) Algae Treated as a Qualified Feedstock for Purposes of Bonus \nDepreciation for Biofuel Plant Property.--\n            (1) In general.--Subparagraph (A) of section 168(l)(2) of \n        such Code is amended by striking ``solely to produce cellulosic \n        biofuel'' and inserting ``solely to produce second generation \n        biofuel (as defined in section 40(b)(6)(E)''.\n            (2) Conforming amendments.--Subsection (l) of section 168 \n        of such Code is amended--\n                    (A) by striking ``cellulosic biofuel'' each place \n                it appears in the text thereof and inserting ``second \n                generation biofuel'',\n                    (B) by striking paragraph (3) and redesignating \n                paragraphs (4) through (8) as paragraphs (3) through \n                (7), respectively,\n                    (C) by striking ``Cellulosic'' in the heading of \n                such subsection and inserting ``Second Generation'', \n                and\n                    (D) by striking ``cellulosic'' in the heading of \n                paragraph (2) and inserting ``second generation''.\n    (d) Conforming Amendments.--\n            (1) Section 40 of such Code, as amended by subsection (b), \n        is amended--\n                    (A) by striking ``cellulosic biofuel'' each place \n                it appears in the text thereof and inserting ``second \n                generation biofuel'',\n                    (B) by striking ``Cellulosic'' in the headings of \n                subsections (b)(6), (b)(6)(E), and (d)(3)(D) and \n                inserting ``Second generation'', and\n                    (C) by striking ``cellulosic'' in the headings of \n                subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), \n                and (e)(3) and inserting ``second generation''.\n            (2) Clause (ii) of section 40(b)(6)(E) of such Code is \n        amended by striking ``Such term shall not'' and inserting ``The \n        term `second generation biofuel' shall not''.\n            (3) Paragraph (1) of section 4101(a) of such Code is \n        amended by striking ``cellulosic biofuel'' and inserting \n        ``second generation biofuel''.\n    (e) Effective Date.--\n            (1) In general.--Except as provided in paragraph (2), the \n        amendments made by this section shall apply to fuels sold or \n        used after the date of the enactment of this Act.\n            (2) Application to bonus depreciation.--The amendments made \n        by subsection (c) shall apply to property placed in service \n        after the date of the enactment of this Act.\n\nSEC. 3. PAYGO COMPLIANCE.\n\n    The budgetary effects of this Act, for the purpose of complying \nwith the Statutory Pay-As-You-Go Act of 2010, shall be determined by \nreference to the latest statement titled ``Budgetary Effects of PAYGO \nLegislation'' for this Act, submitted for printing in the Congressional \nRecord by the Chairman of the House Budget Committee, provided that \nsuch statement has been submitted prior to the vote on passage.\n\n            Passed the House of Representatives September 28, 2010.\n\n            Attest:\n\n                                            LORRAINE C. MILLER,\n\n                                                                 Clerk.","title":""}
+{"_id":"c74","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Alternative Fuel Vehicles Intermodal \nTransportation Act''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act, the following definitions apply:\n            (1) Alternative fuel vehicle.--\n                    (A) In general.--The term ``alternative fuel \n                vehicle'' means a motor vehicle that is powered by--\n                            (i) in whole or in part, electricity, \n                        including that supplied by a fuel cell that is \n                        not powered by gasoline or diesel;\n                            (ii) liquefied natural gas;\n                            (iii) compressed natural gas;\n                            (iv) liquefied petroleum gas;\n                            (v) hydrogen; or\n                            (vi) methanol at no less than 85 percent by \n                        volume.\n                    (B) Exclusions.--The term ``alternative fuel \n                vehicle'' shall not include any vehicle capable of \n                operating solely on gasoline or diesel.\n            (2) Pilot program.--The term ``pilot program'' means the \n        grant program established under section 4(a).\n            (3) Secretary.--The term ``Secretary'' means the Secretary \n        of Transportation.\n\nSEC. 3. PURPOSE.\n\n    The purpose of this Act is--\n            (1) to establish a pilot program to demonstrate the use of \n        alternative fuel vehicles in linked systems of transportation, \n        enhance the usefulness of public transportation systems, \n        protect the environment, and speed the deployment of \n        alternative fuel vehicle technology; and\n            (2) to encourage partnerships between the public and \n        private sectors.\n\nSEC. 4. ALTERNATIVE FUELS INTERMODAL TRANSPORTATION PILOT PROGRAM.\n\n    (a) In General.--The Secretary shall establish a competitive grant \nprogram to assist States, localities, and governmental authorities to \npurchase, operate, and facilitate the use of alternative fuel vehicles \nin linked transportation systems.\n    (b) Eligible Projects.--To receive Federal assistance under the \npilot program, a proposal shall--\n            (1) have been made in accordance with the application \n        requirements of subsection (e);\n            (2) include only projects that provide new options in a \n        locality for moving passengers or goods in alternative fuel \n        vehicles; and\n            (3) include at least one project to enable passengers or \n        goods to be transferred directly from one alternative fuel \n        vehicle to another in a linked transportation system.\n    (c) Funding Limitations.--\n            (1) Maximum number of grants.--The Secretary shall not \n        provide grants to more than 15 applicants under the pilot \n        program.\n            (2) Maximum amount.--The Secretary shall not provide more \n        than $20,000,000 in Federal assistance under the pilot program \n        to any applicant.\n            (3) Cost sharing.--\n                    (A) Federal share.--The Federal share of the cost \n                of any project under the pilot program shall not exceed \n                50 percent of the eligible costs of the project.\n                    (B) Non-federal share.--Funds apportioned to a \n                State under section 104(b)(2) of title 23, United \n                States Code, for the congestion mitigation and air \n                quality improvement program may be used by the State to \n                pay for the non-Federal share of the cost of any \n                project under the pilot program.\n            (4) Maximum period of grants.--No applicant may receive \n        Federal assistance under the pilot program for more than 5 \n        years.\n    (d) Allowable Project Costs.--The cost of a project eligible for \nFederal assistance under the pilot program may include only the \nfollowing:\n            (1) The purchase of alternative fuel vehicles, including--\n                    (A) passenger vehicles;\n                    (B) buses used for public transportation or \n                transportation to and from schools;\n                    (C) delivery vehicles for goods or services;\n                    (D) ground support vehicles at public airports, \n                including vehicles to carry baggage or push airplanes \n                away from terminal gates; and\n                    (E) two-wheel bikes, scooters, or other vehicles \n                for use by law enforcement personnel or other State or \n                local government employees.\n            (2) Infrastructure necessary to directly support a project, \n        including fueling and other support equipment.\n            (3) Operation and maintenance of vehicles, infrastructure, \n        and equipment purchased as part of a project with Federal \n        assistance under the pilot program.\n    (e) Proposals.--The Secretary shall issue requirements for applying \nfor grants under the pilot program. At a minimum, the Secretary shall \nrequire that applications be submitted by the head of a State or local \ngovernment or a metropolitan transportation authority, or any \ncombination thereof, and include--\n            (1) an estimate of the ridership or degree of use of the \n        projects proposed in the application;\n            (2) an estimate of the air pollution emissions reduced and \n        fossil fuel displaced as a result of the projects and a plan to \n        collect and disseminate environmental data over the life of the \n        projects;\n            (3) a description of other existing modes of transportation \n        to which the projects will connect or the degree to which \n        proposed modes of transportation will be linked;\n            (4) a description of how the projects will be sustainable \n        without Federal assistance after the completion of the term of \n        the demonstration;\n            (5) a complete description of the costs of the project, \n        including acquisition, construction, operation, and maintenance \n        costs over the expected life of the project; and\n            (6) a description of which costs will be supported by \n        Federal assistance and which by assistance from non-Federal \n        partners, including State and local governments and private \n        entities.\n    (f) Criteria.--In evaluating applications under the pilot program, \nthe Secretary shall consider each applicant's previous experience \ninvolving alternative fuel vehicles and shall approve the proposals \nthat--\n            (1) are most likely to maximize--\n                    (A) protection of the environment, including \n                reductions in air pollution emissions and the ability \n                of the proposal to help achieve national, State, or \n                local air quality goals;\n                    (B) enhancement of the local or national public \n                transportation system, especially the degree to which \n                the proposal connects various modes of transportation;\n                    (C) nationwide deployment of innovative \n                transportation technology or important new \n                configurations of intermodal transportation systems \n                that increase the use of alternative fuel vehicles;\n                    (D) the amount of goods transported or number of \n                riders served; and\n                    (E) stimulation of the national or regional \n                economy;\n            (2) demonstrate the greatest commitment on the part of the \n        applicant to fund the proposal and the greatest likelihood that \n        each project in the proposal will be maintained and expanded \n        after Federal assistance is exhausted; and\n            (3) assure a broad geographic distribution of project \n        sites.\n    (g) Schedule.--\n            (1) Publication.--Not later than 90 days after the date of \n        enactment of this Act, the Secretary shall publish in the \n        Federal Register, and elsewhere as appropriate, a request for \n        proposals to undertake projects under the pilot program. \n        Applications for such proposals shall be due within 180 days of \n        the publication of the notice.\n            (2) Selection.--Not later than 180 days after the date by \n        which applications for grants are due, the Secretary shall \n        select all proposals to be carried out under the pilot program.\n\nSEC. 5. REPORT TO CONGRESS.\n\n    Not later than 36 months after the date of enactment of this Act, \nthe Secretary shall transmit to the Committee on Transportation and \nInfrastructure of the House of Representatives and the Committee on \nCommerce, Science, and Transportation of the Senate a report \ncontaining--\n            (1) an evaluation of the effectiveness of the pilot program \n        including an assessment of the benefits to the environment \n        derived from the projects included in the pilot program as well \n        as an estimate of the potential benefits to the environment to \n        be derived from widespread application of such intermodal \n        transportation activities;\n            (2) an identification of other applicants that submitted \n        project applications for the pilot program; and\n            (3) a description of the mechanisms used by the Secretary \n        to ensure that the information and know-how gained by \n        participants in the pilot program is transferred among the \n        pilot program participants and to other interested parties, \n        including other applicants that submitted project applications.\n\nSEC. 6. AUTHORIZATIONS.\n\n    (a) In General.--There is authorized to be appropriated \n$200,000,000 to carry out this Act.\n    (b) Availability of Amounts.--Amounts appropriated to carry out \nthis Act shall remain available until expended.","title":""}
+{"_id":"c75","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Amateur Radio Parity Act of 2016''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) More than 730,000 radio amateurs in the United States \n        are licensed by the Federal Communications Commission in the \n        amateur radio services.\n            (2) Amateur radio, at no cost to taxpayers, provides a \n        fertile ground for technical self-training in modern \n        telecommunications, electronics technology, and emergency \n        communications techniques and protocols.\n            (3) There is a strong Federal interest in the effective \n        performance of amateur stations established at the residences \n        of licensees. Such stations have been shown to be frequently \n        and increasingly precluded by unreasonable private land use \n        restrictions, including restrictive covenants.\n            (4) Federal Communications Commission regulations have for \n        three decades prohibited the application to stations in the \n        amateur service of State and local regulations that preclude or \n        fail to reasonably accommodate amateur service communications, \n        or that do not constitute the minimum practicable regulation to \n        accomplish a legitimate State or local purpose. Commission \n        policy has been and is to require States and localities to \n        permit erection of a station antenna structure at heights and \n        dimensions sufficient to accommodate amateur service \n        communications.\n            (5) The Commission has sought guidance and direction from \n        Congress with respect to the application of the Commission's \n        limited preemption policy regarding amateur service \n        communications to private land use restrictions, including \n        restrictive covenants.\n            (6) There are aesthetic and common property considerations \n        that are uniquely applicable to private land use regulations \n        and the community associations obligated to enforce covenants, \n        conditions, and restrictions in deed-restricted communities. \n        These considerations are dissimilar to those applicable to \n        State law and local ordinances regulating the same residential \n        amateur radio facilities.\n            (7) In recognition of these considerations, a separate \n        Federal policy than exists at section 97.15(b) of title 47, \n        Code of Federal Regulations, is warranted concerning amateur \n        service communications in deed-restricted communities.\n            (8) Community associations should fairly administer private \n        land use regulations in the interest of their communities, \n        while nevertheless permitting the installation and maintenance \n        of effective outdoor amateur radio antennas. There exist \n        antenna designs and installations that can be consistent with \n        the aesthetics and physical characteristics of land and \n        structures in community associations while accommodating \n        communications in the amateur radio services.\n\nSEC. 3. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR \n              STATIONS.\n\n    (a) Amendment of FCC Rules.--Not later than 120 days after the date \nof the enactment of this Act, the Federal Communications Commission \nshall amend section 97.15 of title 47, Code of Federal Regulations, by \nadding a new paragraph that prohibits the application to amateur \nstations of any private land use restriction, including a restrictive \ncovenant, that--\n            (1) on its face or as applied, precludes communications in \n        an amateur radio service;\n            (2) fails to permit a licensee in an amateur radio service \n        to install and maintain an effective outdoor antenna on \n        property under the exclusive use or control of the licensee; or\n            (3) does not constitute the minimum practicable restriction \n        on such communications to accomplish the lawful purposes of a \n        community association seeking to enforce such restriction.\n    (b) Additional Requirements.--In amending its rules as required by \nsubsection (a), the Commission shall--\n            (1) require any licensee in an amateur radio service to \n        notify and obtain prior approval from a community association \n        concerning installation of an outdoor antenna;\n            (2) permit a community association to prohibit installation \n        of any antenna or antenna support structure by a licensee in an \n        amateur radio service on common property not under the \n        exclusive use or control of the licensee; and\n            (3) subject to the standards specified in paragraphs (1) \n        and (2) of subsection (a), permit a community association to \n        establish reasonable written rules concerning height, location, \n        size, and aesthetic impact of, and installation requirements \n        for, outdoor antennas and support structures for the purpose of \n        conducting communications in the amateur radio services.\n\nSEC. 4. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND LOCAL LAND USE \n              REGULATION.\n\n    The Federal Communications Commission may not change section \n97.15(b) of title 47, Code of Federal Regulations, which shall remain \napplicable to State and local land use regulation of amateur service \ncommunications.\n\nSEC. 5. DEFINITIONS.\n\n    In this Act:\n            (1) Community association.--The term ``community \n        association'' means any non-profit mandatory membership \n        organization composed of owners of real estate described in a \n        declaration of covenants or created pursuant to a covenant or \n        other applicable law with respect to which a person, by virtue \n        of the person's ownership of or interest in a unit or parcel, \n        is obligated to pay for a share of real estate taxes, insurance \n        premiums, maintenance, improvement, services, or other expenses \n        related to common elements, other units, or any other real \n        estate other than the unit or parcel described in the \n        declaration.\n            (2) Terms defined in regulations.--The terms ``amateur \n        radio services'', ``amateur service'', and ``amateur station'' \n        have the meanings given such terms in section 97.3 of title 47, \n        Code of Federal Regulations.\n\n            Passed the House of Representatives September 12, 2016.\n\n            Attest:\n\n                                                 KAREN L. HAAS,\n\n                                                                 Clerk.","title":""}
+{"_id":"c76","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``AmeriCorps Disaster Relief Corps Act \nof 2005''.\n\nSEC. 2. AUTHORITY.\n\n    The Corporation for National and Community Service (referred to in \nthis Act as the ``Corporation''), pursuant to section 126(b) of the \nNational and Community Service Act of 1990 (42 U.S.C. 12576(b)), shall \ncarry out the activities authorized under this Act.\n\nSEC. 3. ESTABLISHMENT OF SPECIAL AMERICORPS DISASTER RELIEF CORPS.\n\n    (a) Establishment.--There is established an AmeriCorps Disaster \nRelief Corps, to be administered by the Corporation, to carry out full- \nor part-time service projects that provide food, clothing, shelter, and \nother humanitarian assistance for victims of major disasters and \nemergencies, projects involving cleaning, repair, and reconstruction of \nstructures, facilities, and lands located within the disaster area, and \nother projects arising from the consequences of major disasters and \nemergencies.\n    (b) Recruitment of Participants and Eligibility.--\n            (1) Recruitment.--The Corporation shall endeavor to recruit \n        up to 10,000 additional eligible participants for the national \n        service program established under subsection (a).\n            (2) Eligibility.--Eligibility to participate in the \n        national service program established under subsection (a) shall \n        be on the same basis as for participation in an approved \n        national service position authorized by subtitle C or E of \n        title I of the National and Community Service Act (42 U.S.C. \n        12571 et seq.) or by title I of the Domestic Volunteer Service \n        Act of 1973 (42 U.S.C. 4951 et seq.). Individuals selected as \n        participants in the program shall be eligible for living \n        allowances, educational awards, and other support authorized \n        for participants in approved national service positions under \n        such Acts.\n            (3) Priority.--In conducting recruiting under paragraph \n        (1), the Corporation and recipients of assistance to operate \n        projects shall give priority to those individuals dislocated as \n        a result of major disasters and emergencies and may permit \n        alternative documentation requirements relating to \n        demonstrating eligibility of such individuals.\n    (c) Projects.--Participants for the national service program \nestablished under subsection (a) may serve on projects that--\n            (1) help those affected by major disasters and emergencies \n        assess their needs;\n            (2) assist in the construction of temporary housing for the \n        displaced victims of a major disaster or emergency;\n            (3) provide relocation services for victims of the \n        hurricane, including food, water and clothing distribution and \n        housing location services;\n            (4) conduct outreach to local businesses, building owners, \n        and others with applications for disaster relief and for other \n        assistance to be provided by Federal or State government;\n            (5) provide employment services for victims, such as \n        identifying job training, job placement, and other \n        opportunities;\n            (6) conduct environmental surveys, monitoring water quality \n        and determining the environmental impact on the affected \n        region;\n            (7) provide teaching and administrative support functions \n        for school systems where displaced children have enrolled;\n            (8) work with schools to identify and mentor students \n        coping with the impact of a major disaster or emergency;\n            (9) work with public officials to prepare them for future \n        disasters or emergencies; and\n            (10) otherwise assist with the rebuilding of the affected \n        regions.\n\nSEC. 4. GRANTS TO STATES, CITIES, ORGANIZATIONS; COOPERATION WITH \n              FEDERAL AGENCIES.\n\n    The Corporation may use funds authorized under this Act in support \nof projects or activities consistent with those specified in section \n3(c) to--\n            (1) make grants to, or enter into agreements with States, \n        subdivisions of States, or other organizations to support \n        AmeriCorps projects under section 121 of the National and \n        Community Service Act (42 U.S.C. 12571);\n            (2) support the National Civilian Community Corps \n        authorized under subtitle E of title I of the National and \n        Community Service Act (42 U.S.C. 12611);\n            (3) support the VISTA program under title I of the Domestic \n        Volunteer Service Act (42 U.S.C. 4451 et seq.); and\n            (4) enter into a contract or cooperative or other agreement \n        with another Federal agency.\n\nSEC. 5. DEFINITIONS.\n\n    As used in this Act, the terms ``emergency'' and ``major disaster'' \nhave the meaning given such terms in paragraphs (1) and (2) of section \n102 of the Robert T. Stafford Disaster Relief and Emergency Assistance \nAct (42 U.S.C 5122(1) and (2)).\n\nSEC. 6. TRANSFER OF FUNDS TO THE NATIONAL SERVICE TRUST.\n\n    The Corporation shall transfer funds to the National Service Trust \nestablished in section 145 of the National and Community Service Act \n(42 U.S.C. 12601) an amount required under the Strengthen AmeriCorps \nProgram Act of 2003 (Public Law 108-45) (42 U.S.C. 12605 et seq.) to \nprovide educational awards and related assistance authorized under \nsubtitle D of title I of the National and Community Service Act (42 \nU.S.C. 12601 et. seq.)\n\nSEC. 7. AUTHORITY FOR THIRD-TERM BENEFITS AND EDUCATIONAL AWARD.\n\n     Notwithstanding any other provision of law, an individual serving \nin a program authorized by this Act may serve a third term of service \nin an approved national service position and may receive in-service \nbenefits and a post-service educational award authorized under the \nnational service laws on the same basis as an individual serving in a \nfirst or second term of service.\n\nSEC. 8. ADMINISTRATIVE EXPENSES.\n\n    The Corporation may use up to two percent of funds authorized under \nsection 12 for the administration of this Act.\n\nSEC. 9. ACCEPTANCE OF DONATED SERVICES.\n\n    Section 196(a)(2) (42 U.S.C. 12651g(a)(2)) of the National and \nCommunity Service Act is amended by striking ``money or property'' and \ninserting ``money, services, or property''.\n\nSEC. 10. GRANTS NOT SUBJECT TO ANNUAL APPROPRIATIONS LIMITATIONS.\n\n    Notwithstanding any other provision of law, funds provided under \nthis Act to administer, reimburse, or support any national service \nprogram authorized under the national service laws, shall not be \nconsidered in applying any limitation on funding for such programs in \nannual appropriations Acts.\n\nSEC. 11. AUTHORITY TO SUPPORT PROGRAMS OPERATED BY FEDERAL AGENCIES.\n\n    Notwithstanding any other provision of law, the Corporation may use \nfunds authorized under this Act to enter into a contract or cooperative \nagreement with another Federal agency to support a national service \nprogram carried out by that agency consistent with section 121(b) of \nthe National and Community Service Act of 1990 (42 U.S.C. 12571(b)).\n\nSEC. 12. AUTHORIZATION OF APPROPRIATIONS.\n\n    There is authorized to be appropriated to the Corporation \n$150,000,000 for each of fiscal years 2006 and 2007 to carry out this \nAct.","title":""}
+{"_id":"c77","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``America's Cup Act of 2011''.\n\nSEC. 2. DEFINITIONS.\n\n    In this Act:\n            (1) 34th america's cup.--The term ``34th America's Cup''--\n                    (A) means the sailing competitions, commencing in \n                2011, to be held in the United States in response to \n                the challenge to the defending team from the United \n                States, in accordance with the terms of the America's \n                Cup governing Deed of Gift, dated October 24, 1887; and\n                    (B) if a United States yacht club successfully \n                defends the America's Cup, includes additional sailing \n                competitions conducted by America's Cup Race Management \n                during the 1-year period beginning on the last date of \n                such defense.\n            (2) America's cup race management.--The term ``America's \n        Cup Race Management'' means the entity established to provide \n        for independent, professional, and neutral race management of \n        the America's Cup sailing competitions.\n            (3) Eligibility certification.--The term ``Eligibility \n        Certification'' means a certification issued under section 4.\n            (4) Eligible vessel.--The term ``eligible vessel'' means a \n        competing vessel or supporting vessel of any registry that--\n                    (A) is recognized by America's Cup Race Management \n                as an official competing vessel, or supporting vessel \n                of, the 34th America's Cup, as evidenced in writing to \n                the Administrator of the Maritime Administration of the \n                Department of Transportation;\n                    (B) transports not more than 25 individuals, in \n                addition to the crew;\n                    (C) is not a ferry (as defined under section \n                2101(10b)) of title 46, United States Code;\n                    (D) does not transport individuals in point-to-\n                point service for hire; and\n                    (E) does not transport merchandise between ports in \n                the United States.\n            (5) Supporting vessel.--The term ``supporting vessel'' \n        means a vessel that is operating in support of the 34th \n        America's Cup by--\n                    (A) positioning a competing vessel on the race \n                course;\n                    (B) transporting equipment and supplies utilized \n                for the staging, operations, or broadcast of the \n                competition; or\n                    (C) transporting individuals who--\n                            (i) have not purchased tickets or directly \n                        paid for their passage; and\n                            (ii) who are engaged in the staging, \n                        operations, or broadcast of the competition, \n                        race team personnel, members of the media, or \n                        event sponsors.\n\nSEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS.\n\n    Notwithstanding sections 55102, 55103, and 55111 of title 46, \nUnited States Code, an eligible vessel, operating only in preparation \nfor, or in connection with, the 34th America's Cup competition, may \nposition competing vessels and may transport individuals and equipment \nand supplies utilized for the staging, operations, or broadcast of the \ncompetition from and around the ports in the United States.\n\nSEC. 4. CERTIFICATION.\n\n    (a) Requirement.--A vessel may not operate under section 3 unless \nthe vessel has received an Eligibility Certification.\n    (b) Issuance.--The Administrator of the Maritime Administration of \nthe Department of Transportation is authorized to issue an Eligibility \nCertification with respect to any vessel that the Administrator \ndetermines, in his or her sole discretion, meets the requirements set \nforth in section 2(4).\n\nSEC. 5. ENFORCEMENT.\n\n    Notwithstanding sections 55102, 55103, and 55111 of title 46, \nUnited States Code, an Eligibility Certification shall be conclusive \nevidence to the Secretary of the Department of Homeland Security of the \nqualification of the vessel for which it has been issued to participate \nin the 34th America's Cup as a competing vessel or a supporting vessel.\n\nSEC. 6. PENALTY.\n\n    Any vessel participating in the 34th America's Cup as a competing \nvessel or supporting vessel that has not received an Eligibility \nCertification or is not in compliance with section 12112 of title 46, \nUnited States Code, shall be subject to the applicable penalties \nprovided in chapters 121 and 551 of title 46, United States Code.\n\nSEC. 7. VESSEL DOCUMENTATION EXEMPTION.\n\n    (a) In General.--Notwithstanding sections 12112 and 12132 and \nchapter 551 of title 46, United States Code, the Secretary of the \ndepartment in which the Coast Guard is operating may issue a \ncertificate of documentation with a coastwise endorsement for each of \nthe following vessels:\n            (1) LNG GEMINI (United States official number 595752).\n            (2) LNG LEO (United States official number 595753).\n            (3) LNG VIRGO (United States official number 595755).\n    (b) Limitation on Operation.--Coastwise trade authorized under \nsubsection (a) shall be limited to carriage of natural gas, as that \nterm is defined in section 3(13) of the Deepwater Port Act of 1974 (33 \nU.S.C. 1502(13)).\n    (c) Termination of Effectiveness of Endorsements.--The coastwise \nendorsement issued under subsection (a) for a vessel shall expire on \nthe date of the sale of the vessel by the owner of the vessel on the \ndate of enactment of this Act to a person who is not related by \nownership or control to such owner.\n\nSEC. 8. OPERATION OF DRY DOCK IN KETCHIKAN, ALASKA.\n\n    A vessel transported in Dry Dock #2 (State of Alaska registration \nAIDEA FDD-2) is not merchandise for purposes of section 55102 of title \n46, United States Code, if, during such transportation, Dry Dock #2 \nremains connected by a utility or other connecting line to pierside \nmoorage located in Ketchikan, Alaska.\n\n            Passed the Senate November 3, 2011.\n\n            Attest:\n\n                                                             Secretary.\n112th CONGRESS\n\n  1st Session\n\n                                S. 1759\n\n_______________________________________________________________________\n\n                                 AN ACT\n\n To facilitate the hosting in the United States of the 34th America's \n     Cup by authorizing certain eligible vessels to participate in \n                 activities related to the competition.","title":""}
+{"_id":"c78","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``American Communities Investment Act \nof 1999''.\n\nSEC. 2. COMMUNITY DEVELOPMENT LOAN GUARANTEES.\n\n    (a) Maximum Amount of Outstanding Guarantees for a Single Issuer.--\nSection 108 of the Housing and Community Development Act of 1974 (42 \nU.S.C. 5308) is amended by striking subsection (b) and inserting the \nfollowing new subsection:\n    ``(b) Maximum Amount of Outstanding Guarantees.--The maximum \naggregate outstanding amount of notes and obligations of a single \nissuer guaranteed under this section shall be an amount determined by \nthe Secretary based on the amount of the grant approval for the issuer \nunder section 106 or 107, the fiscal condition of the issuer, and the \npotential return on investment of the projects to be undertaken with \nthe proceeds of such notes and obligations, but may not in any case \nexceed the discounted present value of the grants that the issuer would \nreceive over a period not to exceed 20 years if the issuer's annual \ngrant amount over such period were equal to 80 percent of the current \ngrant approval for the issuer.''.\n    (b) Stakeholder Participation.--Section 108 of the Housing and \nCommunity Development Act of 1974 (42 U.S.C. 5308) is amended by adding \nat the end the following new subsection:\n    ``(s) Stakeholder Participation.--\n            ``(1) Requirement.--The Secretary shall provide that an \n        issuer of notes or obligations under this section shall, in \n        complying with any community participation requirements \n        (including the requirements under section 104(a)) applicable to \n        the development of activities to be funded with the proceeds of \n        such notes or obligations guaranteed under this section, \n        include participation of major stakeholders in the community in \n        which such activities will be carried out.\n            ``(2) Definition.--For purposes of this subsection, the \n        term `stakeholder' means a public or private organizational \n        entity whose future well-being depends upon the applicant's \n        continued social and economic viability, and includes the \n        representatives of the following community interests:\n                    ``(A) Business.\n                    ``(B) Banking.\n                    ``(C) Education.\n                    ``(D) Public health and safety.\n                    ``(E) Labor.\n                    ``(F) Community-based development organizations.\n                    ``(G) Arts, cultural, religious, philanthropic, \n                professional, and civic organizations.''.\n\nSEC. 3. COLLATERAL FOR FHLB ADVANCES.\n\n    Section 10(a)(4) of the Federal Home Loan Bank Act (12 U.S.C. \n1430(a)(4)) is amended by striking the second sentence.\n\nSEC. 4. AUTHORITY TO MAKE ADVANCES TO NONMEMBER MORTGAGEES.\n\n    Section 10b of the Federal Home Loan Bank Act (12 U.S.C. 1430b) is \namended to read as follows:\n\n``SEC. 10B. ADVANCES TO NONMEMBER MORTGAGEES.\n\n    ``(a) Authority.--Each Federal home loan bank may make advances to \na nonmember mortgagee, except that such advances may be used only for \ncommunity lending (as such term is defined in section 10(k)).\n    ``(b) Nonmember Mortgagee Defined.--For purposes of subsection (a), \nthe term `nonmember mortgagee' means any entity--\n            ``(1) that is--\n                    ``(A) a State or local housing finance agency or \n                Indian housing authority (including any subsidiary of \n                such agency or authority) approved under title II of \n                the National Housing Act, which--\n                            ``(i) is a chartered institution having \n                        succession; and\n                            ``(ii) is subject to the inspection and \n                        supervision of a governmental agency;\n                    ``(B) a community development financial institution \n                that--\n                            ``(i) is not an insured depository \n                        institution or a subsidiary of an insured \n                        depository institution; and\n                            ``(ii) at the time an advance under this \n                        section is made, is certified as a community \n                        development financial institution under the \n                        Community Development Banking and Financial \n                        Institutions Act of 1994; and\n                            ``(iii) is a chartered institution having \n                        succession; or\n                    ``(C) a State or local economic development agency \n                that--\n                            ``(i) is chartered under State law; and\n                            ``(ii) is an institution having succession; \n                        and\n            ``(2) whose principal activity in the mortgage field \n        consists of lending the institution's own funds.\n    ``(c) Security.--Advances under subsection (a) shall be secured in \naccordance with the requirements of section 10.\n    ``(d) Terms and Conditions.--Advances made under this section shall \nbe made at the same rates of interest and upon the same terms and \nconditions as are comparable extensions of credit to member \ninstitutions.''.\n\nSEC. 5. COMMUNITY LENDING FUND.\n\n    Section 10 of the Federal Home Loan Bank Act (12 U.S.C. 1430) is \namended by adding at the end the following new subsection:\n    ``(k) Community Lending Fund.--\n            ``(1) In general.--Subject to regulations prescribed by the \n        Board to carry out this subsection, each Federal home loan bank \n        shall establish a Community Lending Fund, which the bank shall \n        use to facilitate community lending by its members and \n        nonmember mortgagees.\n            ``(2) Use of assets of community lending funds.--A bank may \n        use amounts in its Community Lending Fund only to provide \n        grants, subsidies, and subsidized advances to its members and \n        nonmember mortgagees for use for community lending activities.\n            ``(3) Low- and moderate-income targeting.--Not less than 70 \n        percent of the aggregate amount of assistance provided by a \n        bank from a Community Lending Fund shall be used for the \n        support of community lending activities that benefit low- and \n        moderate-income persons.\n            ``(4) Local priorities.--Each bank--\n                    ``(A) shall give priority for assistance from the \n                Community Lending Fund of the bank for projects located \n                in empowerment zones and enterprise communities \n                designated under part I of subchapter U of chapter 1 of \n                the Internal Revenue Code of 1986 (26 U.S.C. 1391 et \n                seq.); and\n                    ``(B) may establish such other priorities for the \n                types of projects to receive assistance from the \n                Community Lending Fund of the bank as the bank \n                considers appropriate, and to which the Board shall \n                defer, if such priorities are consistent with the \n                safety and soundness of the bank and the provisions of \n                this subsection. .\n            ``(5) Coordination of activities.--The Board shall require \n        the banks, to the extent practicable, to coordinate their \n        activities pursuant to this subsection with any other State or \n        Federal programs intended to facilitate community lending.\n            ``(6) Report.--Each member and nonmember mortgagee \n        receiving advances or assistance from a Community Lending Fund \n        established by a bank shall report annually to the bank \n        regarding the use of such advances or assistance.\n            ``(7) Contribution to fund.--Each bank shall annually \n        contribute 10 percent of the net earnings of that bank (after \n        deducting expenses related to section 10(j) and operating \n        expenses) to its Community Lending Fund. Each bank may \n        contribute additional moneys to the Fund, and may accept for \n        deposit into the Fund moneys from other parties.\n            ``(8) Suspension of contributions.--\n                    ``(A) In general.-- If a bank finds that the \n                payments required under paragraph (7) are contributing \n                to the financial instability of such bank, it may apply \n                to the Board for a temporary suspension of such \n                payments. The Board shall make a determination of \n                whether the bank is financially unstable and whether \n                such payments are contributing to such instability, and \n                [may\/shall] suspend such bank's payments to its \n                Community Lending Fund if finds in the affirmative with \n                respect to both such questions.\n                    ``(B) Factors to be considered.--In determining the \n                financial stability of a bank for purposes of this \n                paragraph, the Board shall consider such factors as--\n                            ``(i) whether the bank's earnings are \n                        severely depressed;\n                            ``(ii) whether there has been a substantial \n                        decline in membership capital; and\n                            ``(iii) whether there has been a \n                        substantial reduction in advances outstanding.\n                    ``(C) Review of applications.--The Board shall \n                review any application under this paragraph and any \n                supporting financial data and issue a written decision \n                approving or disapproving such application. The Board's \n                decision shall be accompanied by specific findings and \n                reasons for its action.\n                    ``(D) Designation of suspension period.--If the \n                Board grants a suspension, it shall specify the period \n                of time that such suspension shall remain in effect and \n                shall continue to monitor the bank's financial \n                condition during such suspension.\n                    ``(E) Suspensions prohibited under certain \n                circumstances.--The Board shall not suspend payment to \n                the Community Lending Fund of a bank if the bank's \n                reduction in earnings is a result of--\n                            ``(i) a change in the terms for advances to \n                        members which is not justified by market \n                        conditions;\n                            ``(ii) inordinate operating and \n                        administrative expenses; or\n                            ``(iii) mismanagement.\n            ``(9) Regulations.--\n                    ``(A) In general.--Not later than 1 year after the \n                date of the enactment of this Act, the Board shall \n                prescribe regulations to implement this subsection.\n                    ``(B) Limitations, restrictions, and other \n                requirements.--Subject to the requirements of this \n                subsection, such regulations--\n                            ``(i) may specify activities, restrictions, \n                        and limitations for the use by the banks of \n                        amounts from Community Lending Funds;\n                            ``(ii) may specify priorities for the use \n                        of such advances;\n                            ``(iii) shall ensure that assistance \n                        provided from a Community Lending Fund will be \n                        used only for community lending to assist \n                        projects for which adequate long-term \n                        monitoring is available to guarantee \n                        requirements established pursuant to this \n                        subsection are satisfied;\n                            ``(iv) shall ensure that any subsidies \n                        provided under this subsection by Banks to \n                        member institutions and nonmember mortgagees \n                        are passed on to the ultimate borrower;\n                            ``(v) shall specify standards for \n                        determining benefit for low- and moderate-\n                        income persons, for purposes of paragraph (3); \n                        and\n                            ``(vi) shall establish uniform standards \n                        for assistance from Community Lending Funds and \n                        community lending by member institutions and \n                        nonmember mortgagees supported by such \n                        assistance.\n            ``(10) Advisory council.--Each bank shall appoint an \n        Advisory Council of 7 to 15 persons drawn from stakeholders (as \n        such term is defined in section 108(s) of the Housing and \n        Community Development Act of 1974 (42 U.S.C. 5308(s)) in its \n        district. The Advisory Council shall meet with representatives \n        of the board of directors of the Bank quarterly to advise the \n        Bank on community lending needs in the district and on the \n        utilization of the Community Lending Fund of the bank for \n        meeting such needs. Each Advisory Council established under \n        this paragraph shall submit to the Board at least annually its \n        analysis of the community lending activities carried out with \n        amounts from the Community Lending Fund of the bank by which \n        the Committee is appointed.\n            ``(11) Reports to congress.--\n                    ``(A) The Board shall monitor and annually submit a \n                report to the Congress and the Advisory Council for \n                each bank the support of community lending by the banks \n                and the utilization of amounts from Community Lending \n                Funds.\n                    ``(B) The analyses submitted by the Advisory \n                Councils to the Board under paragraph (10) shall be \n                included as part of the reports required by this \n                paragraph.\n                    ``(C) The Comptroller General of the United States \n                shall audit and evaluate the program under this \n                subsection after such program has been operating for 2 \n                years. The Comptroller General shall submit a report to \n                the Congress on the conclusions of the audit and \n                recommend improvements or modifications to the program.\n            ``(12) Definitions.--For purposes of this subsection, the \n        following definitions shall apply:\n                    ``(A) Community lending.--The term `community \n                lending' means providing financing for activities that \n                meet the requirements for eligibility, under section \n                105 of the Housing and Community Development Act of \n                1974 (42 U.S.C. 5305), for assistance with amounts for \n                grants under title I of such Act.\n                    ``(B) Low- and moderate-income persons.--The term \n                `low- and moderate-income persons has the meaning given \n                such term in section 102 of the Housing and Community \n                Development Act of 1974 (42 U.S.C. 5302).\n                    ``(C) Nonmember mortgage.--The term `nonmember \n                mortgagee' has the meaning given such term in section \n                10B(b) of this Act.''.\n    (b) Funding for Community Lending Funds.--Section 21B(f)(2)(C) of \nthe Federal Home Loan Bank Act (12 U.S.C. 1441b(f)(2)(C)) is amended to \nread as follows:\n                    ``(C) Payments by federal home loan banks.--\n                            ``(i) Refcorp funding.--To the extent that \n                        the amounts available pursuant to subparagraphs \n                        (A) and (B) are insufficient to cover the \n                        amount of interest payments, each Federal home \n                        loan bank shall pay to the Funding Corporation \n                        in each calendar year, 10 percent of the net \n                        earnings of that bank (after deducting expenses \n                        relating to section 10(j) and operating \n                        expenses).\n                            ``(ii) Annuity value.--The Board shall \n                        annually determine the extent to which the \n                        value of the aggregate amounts paid by the \n                        banks exceeds or falls short of the value of an \n                        annuity of $300,000,000 per year that commences \n                        on the issuance date and ends on the final \n                        scheduled maturity date of the obligations, and \n                        shall select appropriate present value factors \n                        for making such determinations.\n                            ``(iii) Adjustment of period of banks' \n                        obligations.--The Board shall extend or shorten \n                        the term of the banks' payment obligations \n                        under this subparagraph, as necessary to ensure \n                        that the value of all payments made by the \n                        banks under this paragraph is equivalent to the \n                        value of such an annuity.\n                            ``(iv) Extension of period beyond maturity \n                        dates of underlying obligations.--If the Board \n                        extends the term of payments beyond the final \n                        scheduled maturity date for the obligations, \n                        each bank shall continue to pay 10 percent of \n                        its net earnings (after deducting expenses \n                        relating to section 10(j) and operating \n                        expenses) to the general fund of the Treasury \n                        until the value of all such payments by the \n                        banks is equivalent to the value of such an \n                        annuity.\n                            ``(v) Final year adjustment.--In the final \n                        year in which the banks are required to make \n                        any payment to the general fund of the Treasury \n                        under clause (iv), if the dollar amount \n                        represented by 10 percent of the net earnings \n                        of the banks exceeds the remaining obligation \n                        of the banks to the Treasury, the Finance Board \n                        shall reduce the percentage pro rata to a level \n                        sufficient to pay the remaining obligation.''.\n    (c) Effective Date.--The amendments made by subsections (a) and (b) \nshall become effective on January 1, 2000.","title":""}
+{"_id":"c79","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``American Family Business \nPreservation Act''.\n\nSEC. 2. REDUCED ESTATE TAX RATE ON FAMILY-OWNED BUSINESS INTERESTS.\n\n    (a) In General.--Part I of subchapter A of chapter 11 of the \nInternal Revenue Code of 1986 (relating to tax imposed) is amended by \nadding at the end the following new section:\n\n``SEC. 2003. REDUCED RATE ON FAMILY-OWNED BUSINESS INTERESTS.\n\n    ``(a) In General.--In the case of an estate of a decedent to which \nthis section applies, the tax imposed by section 2001 shall not exceed \nthe sum of--\n            ``(1) a tax computed at the rates and in the manner as if \n        this section had not been enacted on the greater of--\n                    ``(A) the sum described in section 2001(c)(1) \n                reduced by the qualified family-owned business \n                interests, or\n                    ``(B) the sum (if any) described in section \n                2001(c)(1) taxed at a rate below the applicable rate, \n                plus\n            ``(2) a tax equal to the applicable rate of the portion of \n        the taxable estate in excess of the amount determined under \n        paragraph (1).\n    ``(b) Estates to Which Section Applies.--This section shall apply \nto an estate if--\n            ``(1) the decedent was (at the date of his or her death) a \n        citizen of the United States,\n            ``(2) the sum of--\n                    ``(A) the value of the qualified family-owned \n                business interests which are included in determining \n                the gross estate and which are acquired from or passed \n                from the decedent to a qualified heir of the decedent, \n                and\n                    ``(B) the amount (taken into account under \n                subsection 2001(b)(1)(B)) of the adjusted taxable gifts \n                of such interests to members of the decedent's family,\n        exceeds 50 percent of the adjusted gross estate, and\n            ``(3) during the 8-year period ending on the date of the \n        decedent's death there have been periods aggregating 5 years or \n        more during which--\n                    ``(A) such interests were owned by the decedent or \n                a member of the decedent's family, and\n                    ``(B) there was material participation by the \n                decedent or a member of the decedent's family in the \n                operation of the business to which such interests \n                relate.\n    ``(c) Applicable Rate.--For purposes of this section, the \napplicable rate is--\n            ``(1) 15 percent if the requirement of subsection (b)(3)(B) \n        is met by a member of the decedent's family, and\n            ``(2) 20 percent in any other case.\n    ``(d) Qualified Family-Owned Business Interest.--\n            ``(1) In general.--For purposes of this section, the term \n        `qualified family-owned business interest' means--\n                    ``(A) an interest as a proprietor in a trade or \n                business carried on as a proprietorship;\n                    ``(B) an interest as a partner in a partnership \n                carrying on a trade or business, if such partnership \n                had 15 or fewer partners; or\n                    ``(C) stock in a corporation carrying on a trade or \n                business if such corporation had not more than the \n                number of shareholders specified in section \n                1361(b)(1)(A).\n        Such term shall not include any interest which is readily \n        tradable on an established securities market or otherwise.\n            ``(2) Rules for applying paragraph (1).--For purposes of \n        paragraph (1), rules similar to the rules of paragraphs (2), \n        (3), (4), and (6) of section 6166(b) shall apply.\n    ``(e) Recapture of Tax Benefit if Interests Not Held for 10 \nYears.--\n            ``(1) In general.--If--\n                    ``(A) during the 10-year period beginning on the \n                date of death of the decedent--\n                            ``(i)(I) any portion of a qualified family-\n                        owned business interest is distributed, sold, \n                        exchanged, or otherwise disposed of, or\n                            ``(II) money and other property \n                        attributable to such an interest is withdrawn \n                        from such trade or business, and\n                    ``(B) the aggregate of such distributions, sales, \n                exchanges, or other dispositions and withdrawals equals \n                or exceeds 20 percent of the value of such interest, or\n        there is hereby imposed an additional estate tax.\n            ``(2) Additional estate tax.--\n                    ``(A) In general.--The amount of the additional \n                estate tax imposed by paragraph (1) shall be the \n                applicable percentage of the excess of what would have \n                been the estate tax liability but for subsection (a) \n                over the adjusted estate tax liability.\n                    ``(B) Applicable percentage.--For purposes of \n                subparagraph (A), the term `applicable percentage' \n                means 100 percent reduced (but not below zero) by the \n                product of--\n                            ``(i) 10 percentage points, and\n                            ``(ii) the number of years (if any) after \n                        the date of the decedent's death which the year \n                        during which the additional estate tax is \n                        imposed by paragraph (1) is after the 1st year \n                        after the date of the decedent's death.\n                    ``(C) Adjusted estate tax liability.--For purposes \n                of subparagraph (A), the term `adjusted estate tax \n                liability' means the estate tax liability increased by \n                the amount (if any) of any prior additional estate tax \n                imposed by subsection (f).\n                    ``(D) Estate tax liability.--For purposes of this \n                paragraph, the term `estate tax liability' means the \n                tax imposed by section 2001 reduced by the credits \n                allowable against such tax.\n            ``(3) Certain rules to apply.--For purposes of this \n        subsection, rules similar to the rules of subparagraphs (B), \n        (C), and (D) of section 6166(g)(1) shall apply.\n    ``(f) Recapture of Portion of Tax Benefit if Heirs Cease to \nMaterially Participate During 10 Years After Death.--\n            ``(1) In general.--If--\n                    ``(A) the applicable rate which applied under \n                subsection (a) to the estate of the decedent was 15 \n                percent,\n                    ``(B) at any time during the 10-year period \n                beginning on the date of death of the decedent, no \n                qualified heir materially participates in the operation \n                of the business to which the qualified family-owned \n                business interests relate, and\n                    ``(C) there is no recapture under subsection (e) on \n                or before the earliest date during such 10-year period \n                that no qualified heir so materially participated,\n        there is hereby imposed an additional estate tax.\n            ``(2) Additional estate tax.--The amount of the additional \n        estate tax imposed by paragraph (1) shall be the applicable \n        percentage of the excess of what would have been the estate tax \n        liability but for subsection (c)(1) over the estate tax \n        liability.\n            ``(3) Definitions.--For purposes of paragraph (2), the \n        terms `applicable percentage' and `estate tax liability' have \n        the meanings given to such terms by subsection (e).\n    ``(g) Other Definitions.--For purposes of this section, the terms \n`qualified heir' and `member of the family' have the meanings given to \nsuch terms by section 2032A(e).''\n    (b) Clerical Amendment.--The table of sections for part I of \nsubchapter A of chapter 11 of such Code is amended by adding at the end \nthe following new item:\n\n                              ``Sec. 2003. Reduced rate on family-owned \n                                        business interests.''\n    (c) Effective Date.--The amendments made by this section shall \napply to estates of decedents dying after the date of the enactment of \nthis section.\n\nSEC. 3. LIMITATION ON 4 PERCENT RATE OF INTEREST ON ESTATE TAX EXTENDED \n              UNDER SECTION 6166 NOT TO APPLY TO ESTATE TAX \n              ATTRIBUTABLE TO QUALIFIED FAMILY-OWNED BUSINESS \n              INTERESTS.\n\n    (a) In General.--Paragraph (2) of section 6601(j) of the Internal \nRevenue Code of 1986 (relating to 4-percent portion) is amended by \nadding at the end the following new flush sentence:\n        ``Subparagraph (B) shall not take into account the amount of \n        the tax imposed by chapter 11 which is attributable to \n        qualified family-owned business interests (as defined in \n        section 2003(b)) unless an election is in effect under section \n        2032A with respect to the estate.''.\n    (b) Effective Date.--The amendment made by this section shall apply \nto estates of decedents dying after the date of the enactment of this \nsection.\n\nSEC. 4. EXTENSION OF ALTERNATE VALUATION DATE TO 40 MONTHS WITH RESPECT \n              TO ESTATE CONSISTING LARGELY OF QUALIFIED FAMILY-OWNED \n              BUSINESS INTERESTS.\n\n    (a) In General.--Section 2032 of the Internal Revenue Code of 1986 \n(relating to alternate valuation) is amended by redesignating \nsubsections (c) and (d) as subsections (d) and (e), respectively, and \nby inserting after subsection (b) the following new subsection:\n    ``(c) Estates Largely Consisting of Qualified Family-Owned Business \nInterests.--In the case of an estate to which section 2003 applies--\n            ``(1) subsection (a) shall be applied by substituting `40 \n        months' for `6 months' each place it appears, and\n            ``(2) section 6075(a) (relating to time for filing estate \n        tax return) shall be applied by substituting `43 months' for `9 \n        months'.''\n    (b) Effective Date.--The amendment made by this section shall apply \nto estates of decedents dying after the date of the enactment of this \nsection.\n\nSEC. 5. INCREASE IN GIFT TAX EXCLUSION.\n\n    (a) In General.--Subsection (b) of section 2503 of the Internal \nRevenue Code of 1986 (relating to taxable gifts) is amended by adding \nat the end the following new sentence: ``In the case of gifts made \nduring a calendar year by a donor to ancestors or lineal descendents of \nthe donor, the aggregate amount of such gifts which are not included in \nthe total amount of gifts by reason of this subsection shall not be \nless than 15 percent of the donor's earned income (as defined in \nsection 32(c)(2)) for the taxable year ending with or within such \ncalendar year.''\n    (b) Effective Date.--The amendment made by subsection (a) shall \napply to gifts made in calendar years beginning after the date of the \nenactment of this section.\n\nSEC. 6. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS.\n\n    (a) Estate Tax Credit.--\n            (1) Subsection (a) of section 2010 of the Internal Revenue \n        Code of 1986 (relating to unified credit against estate tax) is \n        amended by striking ``$192,800'' and inserting ``the applicable \n        credit amount''.\n            (2) Section 2010 of such Code is amended by redesignating \n        subsection (c) as subsection (d) and by inserting after \n        subsection (b) the following new subsection:\n    ``(c) Applicable Credit Amount.--For purposes of this section--\n            ``(1) In general.--The applicable credit amount is the \n        amount of the tentative tax which would be determined under the \n        rate schedule set forth in section 2001(c) if the amount with \n        respect to which such tentative tax is to be computed were \n        $600,000.\n            ``(2) Cost-of-living adjustments.--In the case of any \n        decedent dying in a calendar year after December 31, 1995, the \n        $600,000 amount set forth in paragraph (1) shall be increased \n        by an amount equal to--\n                    ``(A) $600,000, multiplied by\n                    ``(B) the cost-of-living adjustment determined \n                under section 1(f)(3) for such calendar year by \n                substituting `calendar year 1996' for `calendar year \n                1992' in subparagraph (B) thereof.\n        Any increase determined under the preceding sentence shall be \n        rounded to the nearest multiple of $1,000.''\n            (3) Paragraph (1) of section 6018(a) of such Code is \n        amended by striking ``$600,000'' and inserting ``$600,000 \n        (adjusted as provided in section 2010(c)(2)''.\n    (b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of \nsuch Code is amended by striking ``$192,800'' and inserting ``the \napplicable credit amount in effect under section 2010(c) for such \ncalendar year''.\n    (c) Effective Date.--The amendments made by this section shall \napply to the estates of decedents dying, and gifts made, after December \n31, 1995.","title":""}
+{"_id":"c8","text":"SECTION 1. AMENDMENTS RELATED TO SUPPLEMENTAL WATER SUPPLY AND FUNDING.\n\n    (a) Supplemental Water Supply.--Section 106(a) of the San Luis Rey \nIndian Water Rights Settlement Act (Public Law 100-675; 102 Stat. 4000) \nis amended to read as follows:\n    ``(a) Obligation To Arrange for Development of Water for Bands and \nLocal Entities.--\n            ``(1) To provide a supplemental water supply for the \n        benefit of the Bands and the local entities, subject to the \n        provisions of the settlement agreement, the Secretary shall--\n                    ``(A) arrange for the development of not more than \n                16,000 acre-feet per year of supplemental water from \n                public lands within the boundaries of the State of \n                California outside the service area of the Central \n                Valley Project;\n                    ``(B) obtain not more than 16,000 acre-feet per \n                year either from water conserved by the works \n                authorized in title II, or through contract with the \n                Metropolitan Water District of Southern California; or\n                    ``(C) construct that portion of the works \n                authorized in title II that is necessary to conserve \n                16,000 acre-feet of water per year, and arrange to \n                deliver such water to the Bands and the local entities \n                by exchange or through contract with the Metropolitan \n                Water District of Southern California and other parties \n                with conveyance facilities.\n            ``(2) Except as provided in subsection (d)(3), the right to \n        the 16,000 acre-feet of water per year provided pursuant to \n        paragraph (1) shall be held in perpetuity by the United States \n        in trust for the San Luis Rey Indian Water Authority and shall \n        be subject to the provisions of this title and of the \n        settlement agreement governing the use and disposition of \n        supplemental water. The use of such water shall not be subject \n        to the provisions of section 204. Nothing in this section or \n        any other provision of this title shall authorize the \n        construction of any new dams, reservoirs, or surface water \n        storage facilities.''.\n    (b) Authorization of Appropriations.--Section 106(d) of such Act is \namended to read as follows:\n    ``(d) Cost of Developing and Delivering Water.--\n            ``(1) Use of federal funds.--There are authorized to be \n        appropriated such funds as may be necessary to construct that \n        portion of the works authorized in title II that is necessary \n        to conserve 16,000 acre-feet of water per year. Neither the \n        costs of delivering supplemental water nor the costs of \n        operating, maintaining, and replacing the works necessary to \n        conserve 16,000 acre-feet of water per year once those works \n        have been constructed shall be borne by the United States, and \n        no Federal appropriations are authorized for those purposes.\n            ``(2) Operation and maintenance determination.--The \n        Secretary shall determine the impact of the works constructed \n        pursuant to subsection (a)(1)(C) on the cost of operation and \n        maintenance and the existing regulating and storage capacity of \n        the All American Canal and its Coachella Branch. If the works \n        result in any added operation and maintenance costs which \n        exceed the benefits derived from increasing the regulating and \n        storage capacity of the canals to the Imperial Irrigation \n        District or the Coachella Valley Water District, the Indian \n        Water Authority and the local entities shall reimburse the \n        agency which experiences such additional costs on an annual \n        basis pursuant to the Secretary's determination.\n            ``(3) Obligation to maintain conservation provided by \n        works.--The right to 16,000 acre-feet of water per year \n        obtained by the construction of the works described in \n        subsection (a)(1)(C), although perpetual in nature, is subject \n        to the works described in subsection (a)(1)(C) being \nmaintained so as to continue to conserve 16,000 acre-feet of water per \nyear as compared to the situation that existed prior to the \nconstruction of those works. The Secretary shall determine the amount \nof water so conserved by said works on an ongoing basis, and shall \nallow said water to be delivered to the Indian Water Authority and the \nlocal entities only to the extent that said water has actually been so \nconserved by said works.''.\n    (c) Limitation on Funds.--Section 203(e)(1) of such Act is amended \nto read as follows:\n            ``(1) Except as provided in section 106(d), no Federal \n        funds may be used for construction of the works described in \n        subsection (a)(1).''.\n    (d) Beneficial Use in California.--Section 204(b) of such Act is \namended to read as follows:\n    ``(b) Beneficial Use in California.--\n            ``(1) The water identified in subsection (a) (other than \n        that provided pursuant to section 106(a)) shall be made \n        available, subject to the approval requirement established in \n        section 203(c)(3), for consumptive use by California \n        Contractors within their service areas according to their \n        priorities under the Seven Party Agreement.\n            ``(2) If the water made available under paragraph (1) is \n        used during the term of the funding agreements by a California \n        Contractor other than a Participating Contractor, or a \n        Participating Contractor in an amount in excess of its \n        proportionate share as measured by the amount of its \n        contributed funds in relation to the total contributed funds, \n        such contractor shall reimburse the Participating Contractors \n        in an amount equal to the sum of--\n                    ``(A) the annualized amounts of their respective \n                contributions which funded the conservation of water so \n                used;\n                    ``(B) any added costs of operation and maintenance \n                as determined in section 203(b); and\n                    ``(C) related mitigation costs under section \n                203(a)(2).\n            ``(3) Reimbursements made pursuant to paragraph (3) shall \n        be based on the costs each Participating Contractor incurs in \n        contributing funds, its total contribution, and the life of the \n        works.''.","title":""}
+{"_id":"c80","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``American Worker Mobility Act of \n2014''.\n\nSEC. 2. RELOCATION SUBSIDIES FOR THE LONG-TERM UNEMPLOYED.\n\n    (a) In General.--The Secretary of Labor may grant a relocation \nsubsidy to an eligible individual who meets the requirements of this \nsection.\n    (b) Meaning of Eligible Individual.--For purposes of this section, \nan eligible individual is an individual who, as of the date of the \napplication for a relocation subsidy under this section--\n            (1) is totally unemployed and has been totally unemployed \n        for at least 26 consecutive weeks;\n            (2) has exhausted all rights to regular compensation under \n        the law of a State or under Federal law with respect to a \n        benefit year (excluding any benefit year ending before July 1, \n        2008);\n            (3) has not received a relocation subsidy under this \n        section in the 2-year period preceding such date of \n        application; and\n            (4) is able to work, available to work, and actively \n        seeking work.\n    (c) Requirements for Grant.--The Secretary of Labor may not grant a \nrelocation subsidy to an eligible individual under this section unless \nthe Secretary determines that--\n            (1) the relocation subsidy will assist such individual in \n        relocating within the United States, at least 60 miles from the \n        individual's current residence, for the purpose of attaining \n        employment;\n            (2) such individual filed an application with the Secretary \n        not later than January 1, 2019; and\n            (3) such individual--\n                    (A) has obtained a bona fide offer of suitable \n                employment affording a reasonable expectation of long-\n                term duration in the area in which the individual \n                wishes to relocate; or\n                    (B) wishes to relocate to an area that has an \n                unemployment rate that is at least 2 percentage points \n                less than the unemployment rate of the area of the \n                individual's initial residence.\n    (d) Amount of Subsidy.--A relocation subsidy granted to an eligible \nindividual under this section shall be equal to the lesser of $10,000 \nor the amount that any contribution by a potential employer of the \nindividual to the individual's relocation expenses is exceeded by the \nsum of--\n            (1) 90 percent of the reasonable and necessary expenses \n        incurred in transporting the worker, the worker's family, and \n        household effects, plus\n            (2) a lump sum equivalent to 3 times the individual's \n        weekly benefit amount for the most recent benefit year (as such \n        terms are defined in the State law), up to a maximum payment of \n        $1,250.\n    (e) Regulations.--Prior to granting any relocation subsidies under \nsubsection (a), the Secretary of Labor shall issue regulations designed \nto prevent fraud or abuse relating to the program established under \nthis Act.\n    (f) No Additional Funds Authorized.--No additional appropriations \nare authorized for any fiscal year to carry out this Act.\n    (g) Definitions.--For purposes of this section--\n            (1) the term ``regular compensation'' has the meaning given \n        the term in section 205(2) of the Federal-State Extended \n        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), as \n        in effect prior to January 1, 2014; and\n            (2) the term ``suitable work''--\n                    (A) means suitable work as defined in the \n                applicable State law for claimants for regular \n                compensation; and\n                    (B) does not include self-employment or employment \n                as an independent contractor.\n    (h) Reports.--Not later than March 15 of each of calendar years \n2015 and 2017, the Secretary of Labor shall submit a report to Congress \nthat identifies, by geographic region--\n            (1) the total number of relocation subsidies granted to \n        individuals under this section during the calendar year \n        preceding each such calendar year;\n            (2) the total number of relocation subsidies granted to \n        individuals pursuant to subsection (c)(3)(A) during such \n        calendar year;\n            (3) the total number of relocation subsidies granted to \n        individuals pursuant to subsection (c)(3)(B) during such \n        calendar year, and the number of such individuals who obtained \n        employment within 1 month, 3 months, and 6 months, \n        respectively, after the individual's relocation;\n            (4) the average amount of a relocation subsidy granted \n        during such calendar year;\n            (5) the average distance traveled for relocation by each \n        individual receiving a relocation subsidy during such calendar \n        year; and\n            (6) the number of individuals who received a relocation \n        subsidy under this section during such calendar year and \n        subsequently applied for unemployment benefits.","title":""}
+{"_id":"c81","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Appalachian Regional Development Act \nAmendments of 2002''.\n\nSEC. 2. PURPOSES.\n\n    (a) This Act.--The purposes of this Act are--\n        (1) to reauthorize the Appalachian Regional Development Act of \n    1965 (40 U.S.C. App.); and\n        (2) to ensure that the people and businesses of the Appalachian \n    region have the knowledge, skills, and access to telecommunication \n    and technology services necessary to compete in the knowledge-based \n    economy of the United States.\n    (b) Appalachian Regional Development Act of 1965.--Section 2 of the \nAppalachian Regional Development Act of 1965 (40 U.S.C. App.) is \namended--\n        (1) in subsection (b), by inserting after the third sentence \n    the following: ``Consistent with the goal described in the \n    preceding sentence, the Appalachian region should be able to take \n    advantage of eco-industrial development, which promotes both \n    employment and economic growth and the preservation of natural \n    resources.''; and\n        (2) in subsection (c)(2)(B)(ii), by inserting ``, including \n    eco-industrial development technologies'' before the semicolon.\n\nSEC. 3. FUNCTIONS OF THE COMMISSION.\n\n    Section 102(a) of the Appalachian Regional Development Act of 1965 \n(40 U.S.C. App.) is amended--\n        (1) in paragraph (5), by inserting ``, and support,'' after \n    ``formation of'';\n        (2) in paragraph (7), by striking ``and'' at the end;\n        (3) in paragraph (8), by striking the period at the end and \n    inserting a semicolon; and\n        (4) by adding at the end the following:\n        ``(9) encourage the use of eco-industrial development \n    technologies and approaches; and\n        ``(10) seek to coordinate the economic development activities \n    of, and the use of economic development resources by, Federal \n    agencies in the region.''.\n\nSEC. 4. INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.\n\n    Section 104 of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended--\n        (1) by striking ``The President'' and inserting ``(a) In \n    General.--The President''; and\n        (2) by adding at the end the following:\n    ``(b) Interagency Coordinating Council on Appalachia.--\n        ``(1) Establishment.--In carrying out subsection (a), the \n    President shall establish an interagency council to be known as the \n    `Interagency Coordinating Council on Appalachia'.\n        ``(2) Membership.--The Council shall be composed of--\n            ``(A) the Federal Cochairman, who shall serve as \n        Chairperson of the Council; and\n            ``(B) representatives of Federal agencies that carry out \n        economic development programs in the region.''.\n\nSEC. 5. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.\n\n    Title II of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended by inserting after section 202 the following:\n\n``SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.\n\n    ``(a) In General.--The Commission may provide technical assistance, \nmake grants, enter into contracts, or otherwise provide funds to \npersons or entities in the region for projects--\n        ``(1) to increase affordable access to advanced \n    telecommunications, entrepreneurship, and management technologies \n    or applications in the region;\n        ``(2) to provide education and training in the use of \n    telecommunications and technology;\n        ``(3) to develop programs to increase the readiness of industry \n    groups and businesses in the region to engage in electronic \n    commerce; or\n        ``(4) to support entrepreneurial opportunities for businesses \n    in the information technology sector.\n    ``(b) Source of Funding.--\n        ``(1) In general.--Assistance under this section may be \n    provided--\n            ``(A) exclusively from amounts made available to carry out \n        this section; or\n            ``(B) from amounts made available to carry out this section \n        in combination with amounts made available under any other \n        Federal program or from any other source.\n        ``(2) Federal share requirements specified in other laws.--\n    Notwithstanding any provision of law limiting the Federal share \n    under any other Federal program, amounts made available to carry \n    out this section may be used to increase that Federal share, as the \n    Commission determines to be appropriate.\n    ``(c) Cost Sharing for Grants.--Not more than 50 percent (or 80 \npercent in the case of a project to be carried out in a county for \nwhich a distressed county designation is in effect under section 226) \nof the costs of any activity eligible for a grant under this section \nmay be provided from funds appropriated to carry out this section.''.\n\nSEC. 6. ENTREPRENEURSHIP INITIATIVE.\n\n    Title II of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended by inserting after section 203 (as added by \nsection 5) the following:\n\n``SEC. 204. ENTREPRENEURSHIP INITIATIVE.\n\n    ``(a) Definition of Business Incubator Service.--In this section, \nthe term `business incubator service' means a professional or technical \nservice necessary for the initiation and initial sustainment of the \noperations of a newly established business, including a service such \nas--\n        ``(1) a legal service, including aid in preparing a corporate \n    charter, partnership agreement, or basic contract;\n        ``(2) a service in support of the protection of intellectual \n    property through a patent, a trademark, or any other means;\n        ``(3) a service in support of the acquisition and use of \n    advanced technology, including the use of Internet services and \n    Web-based services; and\n        ``(4) consultation on strategic planning, marketing, or \n    advertising.\n    ``(b) Projects To Be Assisted.--The Commission may provide \ntechnical assistance, make grants, enter into contracts, or otherwise \nprovide funds to persons or entities in the region for projects--\n        ``(1) to support the advancement of, and provide, \n    entrepreneurial training and education for youths, students, and \n    businesspersons;\n        ``(2) to improve access to debt and equity capital by such \n    means as facilitating the establishment of development venture \n    capital funds;\n        ``(3) to aid communities in identifying, developing, and \n    implementing development strategies for various sectors of the \n    economy; and\n        ``(4)(A) to develop a working network of business incubators; \n    and\n        ``(B) to support entities that provide business incubator \n    services.\n    ``(c) Source of Funding.--\n        ``(1) In general.--Assistance under this section may be \n    provided--\n            ``(A) exclusively from amounts made available to carry out \n        this section; or\n            ``(B) from amounts made available to carry out this section \n        in combination with amounts made available under any other \n        Federal program or from any other source.\n        ``(2) Federal share requirements specified in other laws.--\n    Notwithstanding any provision of law limiting the Federal share \n    under any other Federal program, amounts made available to carry \n    out this section may be used to increase that Federal share, as the \n    Commission determines to be appropriate.\n    ``(d) Cost Sharing for Grants.--Not more than 50 percent (or 80 \npercent in the case of a project to be carried out in a county for \nwhich a distressed county designation is in effect under section 226) \nof the costs of any activity eligible for a grant under this section \nmay be provided from funds appropriated to carry out this section.''.\n\nSEC. 7. REGIONAL SKILLS PARTNERSHIPS.\n\n    Title II of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended by inserting after section 204 (as added by \nsection 6) the following:\n\n``SEC. 205. REGIONAL SKILLS PARTNERSHIPS.\n\n    ``(a) Definition of Eligible Entity.--In this section, the term \n`eligible entity' means a consortium that--\n        ``(1) is established to serve 1 or more industries in a \n    specified geographic area; and\n        ``(2) consists of representatives of--\n            ``(A) businesses (or a nonprofit organization that \n        represents businesses);\n            ``(B) labor organizations;\n            ``(C) State and local governments; or\n            ``(D) educational institutions.\n    ``(b) Projects To Be Assisted.--The Commission may provide \ntechnical assistance, make grants, enter into contracts, or otherwise \nprovide funds to eligible entities in the region for projects to \nimprove the job skills of workers for a specified industry, including \nprojects for--\n        ``(1) the assessment of training and job skill needs for the \n    industry;\n        ``(2) the development of curricula and training methods, \n    including, in appropriate cases, electronic learning or technology-\n    based training;\n        ``(3)(A) the identification of training providers; and\n        ``(B) the development of partnerships between the industry and \n    educational institutions, including community colleges;\n        ``(4) the development of apprenticeship programs;\n        ``(5) the development of training programs for workers, \n    including dislocated workers; and\n        ``(6) the development of training plans for businesses.\n    ``(c) Administrative Costs.--An eligible entity may use not more \nthan 10 percent of the funds made available to the eligible entity \nunder subsection (b) to pay administrative costs associated with the \nprojects described in subsection (b).\n    ``(d) Source of Funding.--\n        ``(1) In general.--Assistance under this section may be \n    provided--\n            ``(A) exclusively from amounts made available to carry out \n        this section; or\n            ``(B) from amounts made available to carry out this section \n        in combination with amounts made available under any other \n        Federal program or from any other source.\n        ``(2) Federal share requirements specified in other laws.--\n    Notwithstanding any provision of law limiting the Federal share \n    under any other Federal program, amounts made available to carry \n    out this section may be used to increase that Federal share, as the \n    Commission determines to be appropriate.\n    ``(e) Cost Sharing for Grants.--Not more than 50 percent (or 80 \npercent in the case of a project to be carried out in a county for \nwhich a distressed county designation is in effect under section 226) \nof the costs of any activity eligible for a grant under this section \nmay be provided from funds appropriated to carry out this section.''.\n\nSEC. 8. PROGRAM DEVELOPMENT CRITERIA.\n\n    (a) Elimination of Growth Center Criteria.--Section 224(a)(1) of \nthe Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is \namended by striking ``in an area determined by the State have a \nsignificant potential for growth or''.\n    (b) Assistance to Distressed Counties and Areas.--Section 224 of \nthe Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is \namended by adding at the end the following:\n    ``(d) Assistance to Distressed Counties and Areas.--For fiscal year \n2003 and each fiscal year thereafter, not less than 50 percent of the \namount of grant expenditures approved by the Commission shall support \nactivities or projects that benefit severely and persistently \ndistressed counties and areas.''.\nSEC. 9. GRANTS FOR ADMINISTRATIVE EXPENSES OF LOCAL DEVELOPMENT \nDISTRICTS.\n    Section 302(a)(1)(A)(i) of the Appalachian Regional Development Act \nof 1965 (40 U.S.C. App.) is amended by inserting ``(or, at the \ndiscretion of the Commission, 75 percent of such expenses in the case \nof a local development district that has a charter or authority that \nincludes the economic development of a county or part of a county for \nwhich a distressed county designation is in effect under section 226)'' \nafter ``such expenses''.\n\nSEC. 10. AUTHORIZATION OF APPROPRIATIONS.\n\n    Section 401 of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended to read as follows:\n\n``SEC. 401. AUTHORIZATION OF APPROPRIATIONS.\n\n    ``(a) In General.--In addition to amounts authorized by section 201 \nand other amounts made available for the Appalachian development \nhighway system program, there are authorized to be appropriated to the \nCommission to carry out this Act--\n        ``(1) $88,000,000 for each of fiscal years 2002 through 2004;\n        ``(2) $90,000,000 for fiscal year 2005; and\n        ``(3) $92,000,000 for fiscal year 2006.\n    ``(b) Telecommunications and Technology Initiative.--Of the amounts \nmade available under subsection (a), the following amounts may be made \navailable to carry out section 203:\n        ``(1) $10,000,000 for fiscal year 2002.\n        ``(2) $8,000,000 for fiscal year 2003.\n        ``(3) $5,000,000 for each of fiscal years 2004 through 2006.\n    ``(c) Availability.--Sums made available under subsection (a) shall \nremain available until expended.''.\n\nSEC. 11. ADDITION OF COUNTIES TO APPALACHIAN REGION.\n\n    Section 403 of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended--\n        (1) in the third undesignated paragraph (relating to \n    Kentucky)--\n            (A) by inserting ``Edmonson,'' after ``Cumberland,'';\n            (B) by inserting ``Hart,'' after ``Harlan,''; and\n            (C) by striking ``Montogomery,'' and inserting \n        ``Montgomery,''; and\n        (2) in the fifth undesignated paragraph (relating to \n    Mississippi)--\n            (A) by inserting ``Montgomery,'' after ``Monroe,''; and\n            (B) by inserting ``Panola,'' after ``Oktibbeha,''.\n\nSEC. 12. TERMINATION.\n\n    Section 405 of the Appalachian Regional Development Act of 1965 (40 \nU.S.C. App.) is amended by striking ``2001'' and inserting ``2006''.\n\nSEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.\n\n    (a) Section 101(b) of the Appalachian Regional Development Act of \n1965 (40 U.S.C. App.) is amended in the third sentence by striking \n``implementing investment program'' and inserting ``strategy \nstatement''.\n    (b) Section 106(7) of the Appalachian Regional Development Act of \n1965 (40 U.S.C. App.) is amended by striking ``expiring no later than \nSeptember 30, 2001''.\n    (c) Sections 202, 214, and 302(a)(1)(C) of the Appalachian Regional \nDevelopment Act of 1965 (40 U.S.C. App.) are amended by striking \n``grant-in-aid programs'' each place it appears and inserting ``grant \nprograms''.\n    (d) Section 202(a) of the Appalachian Regional Development Act of \n1965 (40 U.S.C. App.) is amended in the second sentence by striking \n``title VI of the Public Health Service Act (42 U.S.C. 291-291o), the \nMental Retardation Facilities and Community Mental Health Centers \nConstruction Act of 1963 (77 Stat. 282),'' and inserting ``title VI of \nthe Public Health Service Act (42 U.S.C. 291 et seq.), the \nDevelopmental Disabilities Assistance and Bill of Rights Act of 2000 \n(42 U.S.C. 15001 et seq.),''.\n    (e) Section 207(a) of the Appalachian Regional Development Act of \n1965 (40 U.S.C. App.) is amended by striking ``section 221 of the \nNational Housing Act, section 8 of the United States Housing Act of \n1937, section 515 of the Housing Act of 1949,'' and inserting ``section \n221 of the National Housing Act (12 U.S.C. 1715l), section 8 of the \nUnited States Housing Act of 1937 (42 U.S.C. 1437f), section 515 of the \nHousing Act of 1949 (42 U.S.C. 1485),''.\n    (f) Section 214 of the Appalachian Regional Development Act of 1965 \n(40 U.S.C. App.) is amended--\n        (1) in the section heading, by striking ``grant-in-aid'' and \n    inserting ``grant'';\n        (2) in subsection (a)--\n            (A) by striking ``grant-in-aid Act'' each place it appears \n        and inserting ``Act'';\n            (B) in the first sentence, by striking ``grant-in-aid \n        Acts'' and inserting ``Acts'';\n            (C) by striking ``grant-in-aid program'' each place it \n        appears and inserting ``grant program''; and\n            (D) by striking the third sentence;\n        (3) by striking subsection (c) and inserting the following:\n    ``(c) Definition of Federal Grant Program.--\n        ``(1) In general.--In this section, the term `Federal grant \n    program' means any Federal grant program authorized by this Act or \n    any other Act that provides assistance for--\n            ``(A) the acquisition or development of land;\n            ``(B) the construction or equipment of facilities; or\n            ``(C) any other community or economic development or \n        economic adjustment activity.\n        ``(2) Inclusions.--In this section, the term `Federal grant \n    program' includes a Federal grant program such as a Federal grant \n    program authorized by--\n            ``(A) the Consolidated Farm and Rural Development Act (7 \n        U.S.C. 1921 et seq.);\n            ``(B) the Land and Water Conservation Fund Act of 1965 (16 \n        U.S.C. 460l-4 et seq.);\n            ``(C) the Watershed Protection and Flood Prevention Act (16 \n        U.S.C. 1001 et seq.);\n            ``(D) the Carl D. Perkins Vocational and Technical \n        Education Act of 1998 (20 U.S.C. 2301 et seq.);\n            ``(E) the Federal Water Pollution Control Act (33 U.S.C. \n        1251 et seq.);\n            ``(F) title VI of the Public Health Service Act (42 U.S.C. \n        291 et seq.);\n            ``(G) sections 201 and 209 of the Public Works and Economic \n        Development Act of 1965 (42 U.S.C. 3141, 3149);\n            ``(H) title I of the Housing and Community Development Act \n        of 1974 (42 U.S.C. 5301 et seq.); or\n            ``(I) part IV of title III of the Communications Act of \n        1934 (47 U.S.C. 390 et seq.).\n        ``(3) Exclusions.--In this section, the term `Federal grant \n    program' does not include--\n            ``(A) the program for construction of the Appalachian \n        development highway system authorized by section 201;\n            ``(B) any program relating to highway or road construction \n        authorized by title 23, United States Code; or\n            ``(C) any other program under this Act or any other Act to \n        the extent that a form of financial assistance other than a \n        grant is authorized.''; and\n        (4) by striking subsection (d).\n    (g) Section 224(a)(2) of the Appalachian Regional Development Act \nof 1965 (40 U.S.C. App.) is amended by striking ``relative per capita \nincome'' and inserting ``per capita market income''.\n    (h) Section 225 of the Appalachian Regional Development Act of 1965 \n(40 U.S.C. App.)--\n        (1) in subsection (a)(3), by striking ``development program'' \n    and inserting ``development strategies''; and\n        (2) in subsection (c)(2), by striking ``development programs'' \n    and inserting ``development strategies''.\n    (i) Section 303 of the Appalachian Regional Development Act of 1965 \n(40 U.S.C. App.) is amended--\n        (1) in the section heading, by striking ``investment programs'' \n    and inserting ``strategy statements'';\n        (2) in the first sentence, by striking ``implementing \n    investments programs'' and inserting ``strategy statements''; and\n        (3) by striking ``implementing investment program'' each place \n    it appears and inserting ``strategy statement''.\n    (j) Section 403 of the Appalachian Regional Development Act of 1965 \n(40 U.S.C. App.) is amended in the next-to-last undesignated paragraph \nby striking ``Committee on Public Works and Transportation'' and \ninserting ``Committee on Transportation and Infrastructure''.\n\n                               Speaker of the House of Representatives.\n\n                            Vice President of the United States and    \n                                               President of the Senate.","title":""}
+{"_id":"c82","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Arctic Marine Shipping Assessment \nImplementation Act of 2009''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) The United States is an Arctic nation with--\n                    (A) an approximately 700-mile border with the \n                Arctic Ocean;\n                    (B) more than 100,000,000 acres of land above the \n                Arctic Circle; and\n                    (C) an even broader area defined as Arctic by \n                temperature, which includes the Bering Sea and Aleutian \n                Islands.\n            (2) The Arctic region of the United States--\n                    (A) is home to an indigenous population which has \n                subsisted for millennia on the abundance in marine \n                mammals, fish, and wildlife, many of which are unique \n                to the region;\n                    (B) is known to the indigenous population as \n                Inuvikput or the ``place where we live''; and\n                    (C) has produced more than 16,000,000,000 barrels \n                of oil and, according to the United States Geological \n                Survey, may hold an additional 30,000,000,000 barrels \n                of oil and 220,000,000,000,000 cubic feet of natural \n                gas, making the region of fundamental importance to the \n                national interest of the United States.\n            (3) Temperatures in the United States Arctic region have \n        warmed by 3 to 4 degrees Celsius over the past half-century, a \n        rate of increase that is twice the global average.\n            (4) The Arctic ice pack is rapidly diminishing and \n        thinning, and the National Oceanic and Atmospheric \n        Administration estimates the Arctic Ocean may be ice free \n        during summer months in as few as 30 years.\n            (5) Such changes to the Arctic region are having a \n        significant impact on the indigenous people of the Arctic, \n        their communities and ecosystems, as well as the marine \n        mammals, fish, and wildlife upon which they depend.\n            (6) Such changes are opening new portions of the United \n        States Arctic continental shelf to possible development for \n        offshore oil and gas, commercial fishing, marine shipping, and \n        tourism.\n            (7) It is in the interests of the United States to work \n        with the State of Alaska and the United States neighbors in the \n        Arctic region to ensure that shipping in the Arctic Ocean and \n        adjacent seas is safe for mariners, protective of the natural \n        environment, including the air, land, water, and wildlife of \n        the Arctic, and mindful of the needs of longstanding \n        subsistence users of Arctic resources.\n            (8) It is in the interests of the United States to ensure \n        that shipping in the Arctic Ocean and adjacent seas is secure, \n        that United States sovereign and security interests, including \n        the freedom of navigation rights of United States and foreign \n        vessels to transit international straits, are respected and \n        protected, consistent with international and customary law, \n        that access is provided throughout the Arctic Ocean for \n        legitimate research vessels of all nations, and that peaceful \n        relations are maintained in the Arctic region.\n            (9) It is in the interests of the United States to \n        cooperate to establish a system of international cooperation to \n        support reliable shipping, with methods for joint investment in \n        providing mariners aids to navigation, ports of refuge, vessel-\n        to-shore communication, weather and ice forecasting, ship \n        tracking and reporting, hydrographic mapping, and search and \n        rescue capability.\n            (10) The United States has continuing research, security, \n        environmental, and commercial interests in the Arctic region \n        that rely on the availability of polar class icebreakers of the \n        Coast Guard that were commissioned in the 1970s and are in need \n        of replacement.\n            (11) Sovereign interests of the United States in the Arctic \n        Ocean and Bering Sea regions may grow with submission of a \n        United States claim for an extended continental shelf, pending \n        the United States becoming a party to the United Nations \n        Convention on the Law of the Sea, done at Montego Bay December \n        10, 1982.\n            (12) Building new icebreakers, forward operating bases, \n        aids to navigation, and other facilities, and establishing \n        coordinated shipping regulations and oil spill prevention and \n        response capability through international cooperation requires \n        long lead times.\n            (13) Beginning such efforts, with the completion of an \n        Arctic Marine Shipping Assessment by the 8-nation Arctic \n        Council, is essential to protect United States interests given \n        the extensive current use of the Arctic Ocean and adjacent seas \n        by vessels of many nations.\n\nSEC. 3. PURPOSE.\n\n    The purpose of this Act is to ensure safe, secure, and reliable \nmaritime shipping in the Arctic, including the availability of aids to \nnavigation, vessel escorts, spill response capability, and maritime \nsearch and rescue in the Arctic.\n\nSEC. 4. DEFINITIONS.\n\n    In this Act, the term ``Arctic'' has the meaning given that term in \nsection 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. \n4111).\n\nSEC. 5. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS.\n\n    It is the sense of Congress that, to carry out the purpose of this \nAct, the Secretary of State, in consultation with the Secretary of \nHomeland Security, acting through the Commandant of the Coast Guard, \nshould work to establish agreements to promote coordinated action among \nthe United States, Russia, Canada, Iceland, Norway, and Denmark and \nother seafaring and Arctic nations with respect to--\n            (1) placement and maintenance of aids to navigation in \n        waters of the Arctic;\n            (2) improved navigational charts;\n            (3) the monitoring of ocean conditions including wind, \n        waves, and currents and the timely reporting of information \n        about ice and weather conditions;\n            (4) appropriate icebreaking escort, tug, and salvage \n        capabilities;\n            (5) oil spill prevention and response capability;\n            (6) maritime domain awareness, including long-range vessel \n        tracking and communications facilities;\n            (7) search and rescue; and\n            (8) facilities for ship generated waste.\n\nSEC. 6. COAST GUARD ARCTIC MISSION ANALYSIS.\n\n    (a) Submission of Report Analysis to Congress.--\n            (1) Requirement for submission.--Not later than 90 days \n        following the completion of the High Latitude Polar Ice-\n        Breaking Mission Analysis Report, the Commandant of the Coast \n        Guard shall submit to the appropriate committees of Congress--\n                    (A) such report; and\n                    (B) consistent with section 93(a)(24) of title 14, \n                United States Code, any recommendations of the \n                Commandant related to such report.\n            (2) Appropriate committees of congress defined.--In this \n        subsection, the term ``appropriate committees of Congress'' \n        means the Committee on Commerce, Science, and Transportation of \n        the Senate and the Committee on Transportation and \n        Infrastructure of the House of Representatives.\n    (b) Mission Requirements Analysis.--\n            (1) Mission requirements analysis.--Not later than 90 days \n        after the date of the enactment of this Act, the Commandant of \n        the Coast Guard shall, subject to the availability of \n        appropriations, execute a contract with an independent entity \n        to--\n                    (A) conduct an analysis of future mission \n                requirements of the Coast Guard in the Arctic and \n                Antarctic; and\n                    (B) estimate the necessary resources to provide for \n                such requirements.\n            (2) Submission of analysis and estimate.--Not later than \n        120 days after the date that the contract described in \n        paragraph (1) is executed, the analysis and estimate described \n        in subparagraph (A) and (B) of that paragraph shall be \n        submitted to--\n                    (A) the appropriate committees of Congress;\n                    (B) the Commandant of the Coast Guard; and\n                    (C) the Comptroller General of the United States.\n            (3) Additional recommendations.--Not later than 90 days \n        after the submission of the analysis and estimate described in \n        paragraph (2)--\n                    (A) the Commandant of the Coast Guard shall submit \n                to the appropriate committees of Congress, consistent \n                with section 93(a)(24) of title 14, United States Code, \n                any recommendations of the Commandant related to such \n                analysis and estimate; and\n                    (B) the Comptroller General shall submit to the \n                appropriate committees of Congress any recommendations \n                of the Comptroller General related to such analysis and \n                estimate.\n            (4) Appropriate committees of congress defined.--In this \n        subsection, the term ``appropriate committees of Congress'' \n        means--\n                    (A) the Committee on Commerce, Science, and \n                Transportation and the Committee on Homeland Security \n                and Governmental Affairs of the Senate; and\n                    (B) the Committee on Homeland Security and the \n                Committee on Transportation and Infrastructure of the \n                House of Representatives.\n\nSEC. 7. ARCTIC VESSEL TRAFFIC RISK ASSESSMENTS.\n\n    (a) In General.--Pursuant to sections 4 and 5 of the Ports and \nWaterways Safety Act of 1972 (33 U.S.C. 1223 and 1224), the Commandant \nof the Coast Guard, in consultation with the appropriate Area Committee \nestablished under section 311(j)(4) of the Federal Water Pollution \nControl Act (33 U.S.C. 1321(j)(4)), shall prepare--\n            (1) not later than 2 years after the date of the enactment \n        of this Act, a vessel traffic risk assessment for the Bering \n        Strait, Alaska; and\n            (2) not later than 3 years after the date of the enactment \n        of this Act, a vessel traffic risk assessment for the Arctic \n        Ocean waters adjacent to Alaska's North Slope.\n    (b) Contents.--A vessel traffic risk assessment, prepared pursuant \nto subsection (a), shall describe for the Bering Strait or the Arctic \nOcean, as appropriate--\n            (1) the amount and character of present and estimated \n        future shipping traffic in the region; and\n            (2) the current and projected use and effectiveness in \n        reducing risk of--\n                    (A) traffic separation schemes and routing \n                measures;\n                    (B) long-range vessel tracking systems developed \n                under section 70115 of title 46, United States Code;\n                    (C) towing, response, or escort tugs;\n                    (D) vessel traffic services;\n                    (E) emergency towing packages on vessels;\n                    (F) increased spill response equipment including \n                equipment appropriate for severe weather and sea \n                conditions;\n                    (G) the automatic identification system developed \n                under section 70114 of title 46, United States Code;\n                    (H) particularly sensitive sea areas, important \n                ecological areas, areas to be avoided, and other \n                traffic exclusion zones;\n                    (I) aids to navigation;\n                    (J) vessel response plans, facility response plans, \n                any other response plans that the Secretary deems \n                necessary; and\n                    (K) area contingency plans and the effectiveness of \n                the several response plans to support an area \n                contingency plans.\n    (c) Recommendations.--\n            (1) In general.--An assessment, prepared pursuant to this \n        section, may include any appropriate recommendations to enhance \n        the safety and security, or lessen potential adverse \n        environmental impacts, of marine shipping.\n            (2) Consultation.--Prior to making any recommendation \n        described in paragraph (1), the Commandant of the Coast Guard, \n        acting through the appropriate Area Committee established under \n        section 311(j)(4) of the Federal Water Pollution Control Act \n        (33 U.S.C. 1321(j)(4)), shall consult with affected Federal, \n        State, and local government agencies, representatives of the \n        fishing industry, Alaska Natives from the region, the \n        conservation community, and the merchant shipping and oil \n        transportation industries.\n\nSEC. 8. CENTRAL BERING SEA HARBOR OF REFUGE.\n\n    (a) Consultation and Determination.--Not later than 1 year after \nthe date of the enactment of this Act, the Commandant of the Coast \nGuard shall consult with the Secretary of the Army to determine the \nviability of and the improvements necessary to make the harbor at St. \nGeorge Island, Alaska, a fully functional harbor of refuge throughout \nthe year to enhance safety of life at sea and protection from oil \npollution in the Central Bering Sea.\n    (b) Completion of Harbor.--Not later than 3 years after the date of \nthe enactment of this Act, the Secretary of the Army shall complete the \nharbor at St. George Island, Alaska, including the improvements \ndetermined under subsection (a) and any engineering design needed for \nsafe navigation.\n\nSEC. 9. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.\n\n    (a) Study.--\n            (1) In general.--The Commandant of the Coast Guard shall \n        conduct a study on the feasibility and potential of \n        establishing a deep water sea port in the Arctic to protect and \n        advance strategic United States interests within the evolving \n        and ever more important Arctic region.\n            (2) Scope.--The study required under paragraph (1) shall \n        address the following issues:\n                    (A) The capability that such a port would provide.\n                    (B) Potential and optimum locations for such a \n                port.\n                    (C) Resources needed to establish such a port.\n                    (D) The time frame needed to establish such a port.\n                    (E) The infrastructure required to support such a \n                port.\n                    (F) Any other issues the Secretary determines \n                necessary to complete the study.\n    (b) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Secretary of Defense shall submit to the congressional \ndefense committees a report on the findings of the study conducted \nunder subsection (a).\n\nSEC. 10. TRANSFER OF FUNDS FOR ICEBREAKING SERVICES.\n\n    Notwithstanding any other provision of law, the Director of the \nNational Science Foundation shall transfer all amounts provided \npursuant to any Act for the procurement of polar icebreaking services \nto the United States Coast Guard Appropriation Accounts, and such \namounts shall remain available until expended for operating expenses, \nrenovation, and improvement.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n    (a) In General.--There are authorized to be appropriated to the \nSecretary of Homeland Security--\n            (1) $40,000,000 in fiscal year 2011 for the design of a new \n        polar class icebreaker;\n            (2) $800,000,000 for each of fiscal years 2011 and 2012 for \n        the construction of 2 polar capable icebreakers;\n            (3) $5,000,000 for each of fiscal years 2011 through 2015 \n        for seasonal operations in the Arctic;\n            (4) $10,000,000 for each of fiscal years 2012 through 2015 \n        to carry out any agreements referred to in section 5;\n            (5) $4,000,000, to remain available until expended, for a \n        vessel traffic risk assessments to be conducted pursuant to \n        section 7; and\n            (6) $100,000,000 in each of the fiscal years 2011 through \n        2013 for the construction of forward operating bases, including \n        aircraft hangar, bunk and mess facilities in Barrow, Nome, and \n        Saint Paul Island, Alaska.\n    (b) Hydrographic Services.--Section 306 of the Hydrographic \nServices Improvement Act of 1998 (33 U.S.C. 892d) is amended by adding \nat the end the following new paragraphs:\n            ``(7) To acquire hydrographic data, provide hydrographic \n        services, and conduct coastal change analyses necessary to \n        ensure safe navigation, and to improve the management of \n        coastal change in the Arctic, $10,000,000 for each of fiscal \n        years 2011 and 2012.\n            ``(8) To acquire hydrographic data and provide hydrographic \n        services in the Arctic necessary to delineate the United States \n        extended continental shelf, $5,000,000 for each of fiscal years \n        2011 and 2012.''.","title":""}
+{"_id":"c83","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Armed Forces Education Benefits \nImprovement Act''.\n\nSEC. 2. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE \n              UNDER THE MONTGOMERY GI BILL FOR ACTIVE DUTY MEMBERS.\n\n    (a) In General.--Section 3015 of title 38, United States Code, is \namended--\n            (1) in subsection (a), by amending paragraph (1) to read as \n        follows:\n            ``(1) for an approved program of education pursued on a \n        full-time basis--\n                    ``(A) $1,584 per month for months during fiscal \n                year 2005; and\n                    ``(B) for months during fiscal year 2006 and each \n                subsequent fiscal year, the monthly amount under this \n                paragraph for the previous fiscal year multiplied by \n                the percentage increase calculated under subsection \n                (h); or'';\n            (2) in subsection (b), by amending paragraph (1) to read as \n        follows:\n            ``(1) for an approved program of education pursued on a \n        full-time basis--\n                    ``(A) $1,267 per month for months during fiscal \n                year 2005; and\n                    ``(B) for months during fiscal year 2006 and each \n                subsequent fiscal year, the monthly amount under this \n                paragraph for the previous fiscal year multiplied by \n                the percentage increase calculated under subsection \n                (h); or''; and\n            (3) in subsection (h)(1), by striking ``all items'' and \n        inserting ``college tuition and fees''.\n    (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the first day of the first month beginning after the \ndate of enactment of this Act.\n\nSEC. 3. ANALYSIS OF IMPACT OF MONTGOMERY GI BILL EDUCATIONAL BENEFITS.\n\n    (a) Findings.--Congress finds that--\n            (1) the enhanced educational benefits provided under the \n        Ronald W. Reagan National Defense Authorization Act for Fiscal \n        Year 2005 are an important step in ensuring that members of the \n        Selected Reserve are thanked for their increasing role in the \n        modern warfare; and\n            (2) when these members return from extended tours in Iraq, \n        Afghanistan, and other places, they should be provided with \n        immediate access to these enhanced educational benefits.\n    (b) Cooperation.--The Secretary of Defense shall work expeditiously \nwith the Secretary of Veterans Affairs to ensure that members of the \nSelected Reserve receive the educational benefits referred to in \nsubsection (a) in a timely manner.\n    (c) Studies.--\n            (1) Secretary of defense.--The Secretary of Defense shall \n        conduct a study analyzing the effect of all Montgomery GI bill \n        educational benefits on recruitment and retention during the \n        12-month period beginning on the date on which the enhanced \n        benefits referred to in subsection (a) become available.\n            (2) Secretary of veterans affairs.--The Secretary of \n        Veterans Affairs shall conduct a study analyzing the effect of \n        all Montgomery GI bill educational benefits on the readjustment \n        of veterans eligible for educational benefits under section \n        3015 of title 38, United States Code, and chapters 1606 and \n        1607 of title 10, United States Code, during the 12-month \n        period beginning on the date on which the enhanced benefits \n        referred to in subsection (a) become available.\n            (3) Report.--Not later than 18 months after the date on \n        which the enhanced benefits referred to in subsection (a) \n        become available, the Secretary of Defense and the Secretary of \n        Veterans Affairs shall submit a report on the results of the \n        studies conducted under paragraphs (1) and (2) to--\n                    (A) the Committee on Armed Services of the Senate;\n                    (B) the Committee on Armed Services of the House of \n                Representatives;\n                    (C) the Committee on Veterans' Affairs of the \n                Senate; and\n                    (D) the Committee on Veterans' Affairs of the House \n                of Representatives.\n\nSEC. 4. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE \n              UNDER THE MONTGOMERY GI BILL FOR CERTAIN MEMBERS OF THE \n              SELECTED RESERVE.\n\n    (a) Increase in Rates.--Section 16131(b) of title 10, United States \nCode, is amended--\n            (1) in paragraph (1)--\n                    (A) by striking ``at the following rates:'' and \n                inserting ``--''; and\n                    (B) by striking subparagraphs (A) through (C) and \n                inserting the following:\n            ``(A) for a program of education pursued on a full-time \n        basis--\n                    ``(i) $475 per month for months during fiscal year \n                2005; and\n                    ``(ii) for months during fiscal year 2006 and each \n                subsequent fiscal year, the monthly amount under this \n                subparagraph for the previous fiscal year multiplied by \n                the percentage increase calculated under paragraph (2);\n            ``(B) for a program of education pursued on a three-\n        quarter-time basis--\n                    ``(i) $356 per month for months during fiscal year \n                2005; and\n                    ``(ii) for months during fiscal year 2006 and each \n                subsequent fiscal year, the monthly amount under this \n                subparagraph for the previous fiscal year multiplied by \n                the percentage increase calculated under paragraph (2);\n            ``(C) for a program of education pursued on a half-time \n        basis--\n                    ``(i) $238 per month for months during fiscal year \n                2005; and\n                    ``(ii) for months during fiscal year 2006 and each \n                subsequent fiscal year, the monthly amount under this \n                subparagraph for the previous fiscal year multiplied by \n                the percentage increase calculated under paragraph (2); \n                and''; and\n            (2) in paragraph (2)--\n                    (A) by inserting ``beginning on or after October 1, \n                2005'' after ``With respect to any fiscal year''; and\n                    (B) in subparagraph (A), by striking ``all items'' \n                and inserting ``college tuition and fees''.\n    (b) Effective Date.--The amendments made by subsection (a) shall \ntake effect on the first day of the first month beginning after the \ndate of enactment of this Act.\n\nSEC. 5. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER \n              THE MONTGOMERY GI BILL.\n\n    (a) In General.--Chapter 30 of title 38, United States Code, is \namended by inserting after section 3018C the following:\n``Sec. 3018D. Opportunity for certain active-duty personnel to enroll\n    ``(a)(1) Notwithstanding any other provision of this chapter, \nduring the 1-year period beginning on the date of enactment of this \nsection, a qualified individual (described in subsection (b)) may make \nan irrevocable election under this section to receive basic educational \nassistance under this chapter.\n    ``(2) The Secretary of each military department shall provide for \nprocedures for a qualified individual to make an irrevocable election \nunder this section in accordance with regulations prescribed by the \nSecretary of Defense for the purpose of carrying out this section or \nwhich the Secretary of Homeland Security shall provide for such purpose \nwith respect to the Coast Guard when it is not operating as a service \nin the Navy.\n    ``(b) A qualified individual referred to in subsection (a) is an \nindividual who meets each of the following requirements:\n            ``(1) The individual first became a member of the Armed \n        Forces or first served on active duty as a member of the Armed \n        Forces before July 1, 1985.\n            ``(2) The individual--\n                    ``(A) has served on active duty without a break in \n                service since the date the individual first became such \n                a member or first served on active duty as such a \n                member; and\n                    ``(B) continues to serve on active duty for some or \n                all of the 1-year period described in subsection (a).\n            ``(3) The individual, before applying for benefits under \n        this section--\n                    ``(A) completed the requirements of a secondary \n                school diploma (or equivalency certificate); or\n                    ``(B) has successfully completed (or otherwise \n                received academic credit for) the equivalent of 12 \n                semester hours in a program of education leading to a \n                standard college degree.\n            ``(4) The individual, when discharged or released from \n        active duty, is discharged or released therefrom with an \n        honorable discharge.\n    ``(c)(1) Subject to paragraph (2), with respect to a qualified \nindividual who elects under this section to receive basic educational \nassistance under this chapter--\n            ``(A) the basic pay of the qualified individual shall be \n        reduced (in a manner determined by the Secretary concerned) \n        until the total amount by which such basic pay is reduced is \n        $1,200; and\n            ``(B) to the extent that basic pay is not reduced under \n        subparagraph (A) before the qualified individual's discharge or \n        release from active duty, an amount equal to the difference \n        between $1,200 and the total amount of reductions under \n        subparagraph (A), which shall be paid into the Treasury of the \n        United States as miscellaneous receipts, shall, at the election \n        of the qualified individual, be--\n                    ``(i) collected from the qualified individual by \n                the Secretary concerned; or\n                    ``(ii) withheld from the retired or retainer pay of \n                the qualified individual by the Secretary concerned.\n    ``(2)(A) The Secretary concerned shall provide for an 18-month \nperiod, beginning on the date the qualified individual makes an \nelection under this section, for the qualified individual to pay that \nSecretary the amount due under paragraph (1).\n    ``(B) Nothing in subparagraph (A) shall be construed as modifying \nthe period of eligibility for and entitlement to basic educational \nassistance under this chapter applicable under section 3031 of this \ntitle.\n    ``(d) With respect to qualified individuals referred to in \nsubsection (c)(1)(B), no amount of educational assistance allowance \nunder this chapter shall be paid to the qualified individual until the \nearlier of the date on which--\n            ``(1) the Secretary concerned collects the applicable \n        amount under subsection (c)(1)(B)(i); or\n            ``(2) the retired or retainer pay of the qualified \n        individual is first reduced under subsection (c)(1)(B)(ii).\n    ``(e) The Secretary, in conjunction with the Secretary of Defense, \nshall provide for notice of the opportunity under this section to elect \nto become entitled to basic educational assistance under this \nchapter.''.\n    (b) Conforming Amendments.--Section 3017(b)(1) of title 38, United \nStates Code, is amended--\n            (1) in subparagraphs (A) and (C), by striking ``or \n        3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and\n            (2) in subparagraph (B), by inserting ``or 3018D(c)'' after \n        ``under section 3018C(e)''.\n    (c) Clerical Amendment.--The table of sections at the beginning of \nchapter 30 of title 38, United States Code, is amended by inserting \nafter the item relating to section 3018C the following:\n\n``3018D. Opportunity for certain active-duty personnel to enroll.''.","title":""}
+{"_id":"c84","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Army Arsenal Strategic Workload \nEnhancement Act of 2012''.\n\nSEC. 2. DEPARTMENT OF DEFENSE USE OF ARSENALS.\n\n    (a) In General.--Chapter 143 of title 10, United States Code, is \namended by adding at the end the following new section:\n``Sec. 2425. Department of Defense use of arsenals\n    ``(a) In General.--The Secretary of Defense shall develop and \npromulgate measurable and enforceable guidelines for the Department of \nDefense, defense agencies, and the military services to have supplies, \ncomponents, end items, parts, assemblies, and sub-assemblies made in \nfactories or arsenals owned by the United States, to the extent those \nfactories or arsenals can make those supplies, components, end items, \nparts, assemblies, and sub-assemblies on an economical basis while \npreserving the ability to provide an effective and timely response to \nmobilizations, national defense contingency situations, and other \nemergency requirements.\n    ``(b) Determination of Economical Basis.--For purposes of \ndetermining whether supplies, components, end items, parts, assemblies, \nand sub-assemblies can be made on an `economical basis' under \nsubsection (a), the Secretary of Defense shall analyze the direct costs \nassociated with the manufacture of such supplies, components, end \nitems, parts, assemblies, and sub-assemblies. If an analysis is not \nperformed, the Secretary of Defense or the relevant defense agency or \nmilitary service shall promptly report to the congressional defense \ncommittees the justification for not performing an analysis.''.\n    (b) Clerical Amendment.--The table of sections at the beginning of \nsuch chapter is amended by adding at the end the following new item:\n\n``2425. Department of Defense use of arsenals.''.\n\nSEC. 3. ASSIGNMENT OF WORKLOAD AT ARMY FACTORIES AND ARSENALS.\n\n    (a) In General.--Section 4532 of title 10, United States Code, is \namended to read as follows:\n``Sec. 4532. Assignment of workload at Army factories and arsenals\n    ``(a) Assignment of Workload.--(1) The Secretary of the Army shall \nassign Government-owned and Government-operated Department of the Army \nfactories and arsenals sufficient workload to ensure cost efficiency \nand technical competence in peacetime, while preserving the ability to \nprovide an effective and timely response to mobilizations, national \ndefense contingency situations, and other emergency requirements.\n    ``(2) At a minimum, workload may be derived from manufacturing of \nsupplies, components, parts, systems, subsystems, and foreign military \nsales.\n    ``(3) The Secretary of the Army shall develop and promulgate \nguidelines to make the arsenals available to the Department of Defense, \ndefense agencies, and military services for procurement of supplies, \ncomponents, parts, systems, and subsystems.\n    ``(b) Waiver Authority.--(1) The Secretary of the Army may waive \nthe requirement under subsection (a)(1) if such a waiver is necessary \nfor the national defense.\n    ``(2) A waiver under paragraph (1) shall not take effect until 30 \ndays after the Secretary submits to the congressional defense \ncommittees a notification of the determination, together with the \njustification for the determination.\n    ``(3) The authority to grant a waiver under paragraph (1) may not \nbe delegated.\n    ``(c) Annual Arsenal Report.--In 2013 and each year thereafter, not \nlater than 60 days after the date on which the budget of the President \nfor a fiscal year is submitted to Congress, the Secretary of Defense \nshall submit to Congress a report for the Army identifying, for the \nrelevant fiscal year, each of the following:\n            ``(1) The core arsenal manufacturing capability.\n            ``(2) The workload required to cost-effectively support the \n        arsenals and the manufacturing capability inherent in these \n        installations.\n            ``(3) The Secretary of the Army's performance in \n        maintaining the Department of the Army's factories and arsenals \n        with sufficient workload to ensure affordability and technical \n        competence in peacetime.\n            ``(4) The capital investments required to be made in order \n        to ensure compliance and operational capacity.\n    ``(d) Comptroller General Review.--The Comptroller General shall \nreview each report required under subsection (c) for completeness and \ncompliance and provide findings and recommendations to the \ncongressional defense committees not later than 60 days after the \nreport is submitted to Congress.''.\n    (b) Clerical Amendment.--The table of sections at the beginning of \nchapter 433 of title 10, United States Code, is amended by striking the \nitem relating to section 4532 and inserting the following new item:\n\n``4532. Assignment of workload at Army factories and arsenals.''.\n    (c) Initial Workload Plan Report.--The first report required under \nsubsection (c) of section 4532 of title 10, United States Code, as \namended by subsection (a), shall be submitted not later than 180 days \nafter the date of the enactment of this Act.","title":""}
+{"_id":"c85","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Artists' Contribution to American \nHeritage Act of 1999''.\n\nSEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE \n              TAXPAYER.\n\n    (a) In General.--Subsection (e) of section 170 of the Internal \nRevenue Code of 1986 (relating to certain contributions of ordinary \nincome and capital gain property) is amended by adding at the end the \nfollowing new paragraph:\n            ``(7) Special rule for certain contributions of literary, \n        musical, or artistic compositions.--\n                    ``(A) In general.--In the case of a qualified \n                artistic charitable contribution--\n                            ``(i) the amount of such contribution shall \n                        be the fair market value of the property \n                        contributed (determined at the time of such \n                        contribution), and\n                            ``(ii) no reduction in the amount of such \n                        contribution shall be made under paragraph (1).\n                    ``(B) Qualified artistic charitable contribution.--\n                For purposes of this paragraph, the term `qualified \n                artistic charitable contribution' means a charitable \n                contribution of any literary, musical, artistic, or \n                scholarly composition, or similar property, or the \n                copyright thereon (or both), but only if--\n                            ``(i) such property was created by the \n                        personal efforts of the taxpayer making such \n                        contribution no less than 18 months prior to \n                        such contribution,\n                            ``(ii) the taxpayer--\n                                    ``(I) has received a qualified \n                                appraisal of the fair market value of \n                                such property in accordance with the \n                                regulations under this section, and\n                                    ``(II) attaches to the taxpayer's \n                                income tax return for the taxable year \n                                in which such contribution was made a \n                                copy of such appraisal,\n                            ``(iii) the donee is an organization \n                        described in subsection (b)(1)(A),\n                            ``(iv) the use of such property by the \n                        donee is related to the purpose or function \n                        constituting the basis for the donee's \n                        exemption under section 501 (or, in the case of \n                        a governmental unit, to any purpose or function \n                        described under subsection (c)),\n                            ``(v) the taxpayer receives from the donee \n                        a written statement representing that the \n                        donee's use of the property will be in \n                        accordance with the provisions of clause (iv), \n                        and\n                            ``(vi) the written appraisal referred to in \n                        clause (ii) includes evidence of the extent (if \n                        any) to which property created by the personal \n                        efforts of the taxpayer and of the same type as \n                        the donated property is or has been--\n                                    ``(I) owned, maintained, and \n                                displayed by organizations described in \n                                subsection (b)(1)(A), and\n                                    ``(II) sold to or exchanged by \n                                persons other than the taxpayer, donee, \n                                or any related person (as defined in \n                                section 465(b)(3)(C)).\n                    ``(C) Maximum dollar limitation; no carryover of \n                increased deduction.--The increase in the deduction \n                under this section by reason of this paragraph for any \n                taxable year--\n                            ``(i) shall not exceed the artistic \n                        adjusted gross income of the taxpayer for such \n                        taxable year, and\n                            ``(ii) shall not be taken into account in \n                        determining the amount which may be carried \n                        from such taxable year under subsection (d).\n                    ``(D) Artistic adjusted gross income.--For purposes \n                of this paragraph, the term `artistic adjusted gross \n                income' means that portion of the adjusted gross income \n                of the taxpayer for the taxable year attributable to--\n                            ``(i) income from the sale or use of \n                        property created by the personal efforts of the \n                        taxpayer which is of the same type as the \n                        donated property, and\n                            ``(ii) income from teaching, lecturing, \n                        performing, or similar activity with respect to \n                        property described in clause (i).\n                    ``(E) Paragraph not to apply to certain \n                contributions.--Subparagraph (A) shall not apply to any \n                charitable contribution of any letter, memorandum, or \n                similar property which was written, prepared, or \n                produced by or for an individual while the individual \n                is an officer or employee of any person (including any \n                government agency or instrumentality) unless such \n                letter, memorandum, or similar property is entirely \n                personal.\n                    ``(F) Copyright treated as separate property for \n                partial interest rule.--In the case of a qualified \n                artistic charitable contribution, the tangible \n                literary, musical, artistic, or scholarly composition, \n                or similar property and the copyright on such work \n                shall be treated as separate properties for purposes of \n                this paragraph and subsection (f)(3).''.\n    (b) Effective Date.--The amendment made by this section shall apply \nto contributions made after the date of the enactment of this Act in \ntaxable years ending after such date.","title":""}
+{"_id":"c86","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Assistance for Orphans and Other \nVulnerable Children in Developing Countries Act of 2004''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) More than 110,000,000 orphans live in sub-Saharan \n        Africa, Asia, Latin America, and the Caribbean. These children \n        often are disadvantaged in numerous and devastating ways and \n        most households with orphans cannot meet the basic needs of \n        health care, food, clothing, and educational expenses.\n            (2) It is estimated that 121,000,000 children worldwide do \n        not attend school and that the majority of such children are \n        young girls. According to the United Nations Children's Fund \n        (UNICEF), orphans are less likely to be in school and more \n        likely to be working full time.\n            (3) School food programs, including take-home rations, in \n        developing countries provide strong incentives for children to \n        remain in school and continue their education. School food \n        programs can reduce short-term hunger, improve cognitive \n        functions, and enhance learning, behavior, and achievement.\n            (4) Financial barriers, such as school fees and other costs \n        of education, prevent many orphans and other vulnerable \n        children in developing countries from attending school. \n        Providing children with free primary school education, while \n        simultaneously ensuring that adequate resources exist for \n        teacher training and infrastructure, would help more orphans \n        and other vulnerable children obtain a quality education.\n            (5) The trauma that results from the loss of a parent can \n        trigger behavior problems of aggression or emotional withdrawal \n        and negatively affect a child's performance in school and the \n        child's social relations. Children living in families affected \n        by HIV\/AIDS or who have been orphaned by AIDS often face \n        stigmatization and discrimination. Providing culturally \n        appropriate psychosocial support to such children can assist \n        them in successfully accepting and adjusting to their \n        circumstances.\n            (6) Orphans and other vulnerable children in developing \n        countries routinely are denied their inheritance or encounter \n        difficulties in claiming the land and other property which they \n        have inherited. Even when the inheritance rights of women and \n        children are spelled out in law, such rights are difficult to \n        claim and are seldom enforced. In many countries it is \n        difficult or impossible for a widow, even if she has young \n        children, to claim property after the death of her husband.\n            (7) The HIV\/AIDS pandemic has had a devastating affect on \n        children and is deepening poverty in entire communities and \n        jeopardizing the health, safety, and survival of all children \n        in affected areas.\n            (8) The HIV\/AIDS pandemic has increased the number of \n        orphans worldwide and has exacerbated the poor living \n        conditions of the world's poorest and most vulnerable children. \n        AIDS has created an unprecedented orphan crisis, especially in \n        sub-Saharan Africa, where children have been hardest hit. An \n        estimated 14,000,000 orphans have lost 1 or both parents to \n        AIDS. By 2010, it is estimated that over 25,000,000 children \n        will have been orphaned by AIDS.\n            (9) Approximately 2,500,000 children under the age of 15 \n        worldwide have HIV\/AIDS. Every day another 2,000 children under \n        the age of 15 are infected with HIV. Without treatment, most \n        children born with HIV can expect to die by age two, but with \n        sustained drug treatment through childhood, the chances of \n        long-term survival and a productive adulthood improve \n        dramatically.\n            (10) Few international development programs specifically \n        target the treatment of children with HIV\/AIDS in developing \n        countries. Reasons for this include the perceived low priority \n        of pediatric treatment, a lack of pediatric health care \n        professionals, lack of expertise and experience in pediatric \ndrug dosing and monitoring, the perceived complexity of pediatric \ntreatment, and mistaken beliefs regarding the risks and benefits of \npediatric treatment.\n            (11) Although a number of organizations seek to meet the \n        needs of orphans or other vulnerable children, extended \n        families and local communities continue to be the primary \n        providers of support for such children.\n            (12) The HIV\/AIDS pandemic is placing huge burdens on \n        communities and is leaving many orphans with little support. \n        Alternatives to traditional orphanages, such as community-based \n        resource centers, continue to evolve in response to the massive \n        number of orphans that has resulted from the pandemic.\n            (13) The AIDS orphans crisis in sub-Saharan Africa has \n        implications for political stability, human welfare, and \n        development that extend far beyond the region, affecting \n        governments and people worldwide, and this crisis requires an \n        accelerated response from the international community.\n            (14) Although section 403(b) of the United States \n        Leadership Against HIV\/AIDS, Tuberculosis, and Malaria Act of \n        2003 (22 U.S.C. 7673(b)) establishes the requirement that not \n        less than 10 percent of amounts appropriated for HIV\/AIDS \n        assistance for each of fiscal years 2006 through 2008 shall be \n        expended for assistance for orphans and other vulnerable \n        children affected by HIV\/AIDS, there is an urgent need to \n        provide assistance to such children prior to 2006.\n            (15) Numerous United States and indigenous private \n        voluntary organizations, including faith-based organizations, \n        provide assistance to orphans and other vulnerable children in \n        developing countries. Many of these organizations have \n        submitted applications for grants to the Administrator of the \n        United States Agency for International Development to provide \n        increased levels of assistance for orphans and other vulnerable \n        children in developing countries.\n            (16) Increasing the amount of assistance that is provided \n        by the Administrator of the United States Agency for \n        International Development through United States and indigenous \n        private voluntary organizations, including faith-based \n        organizations, will provide greater protection for orphans and \n        other vulnerable children in developing countries.\n            (17) It is essential that the United States Government \n        adopt a comprehensive approach for the provision of assistance \n        to orphans and other vulnerable children in developing \n        countries. A comprehensive approach would ensure that important \n        services, such as basic care, psychosocial support, school food \n        programs, increased educational opportunities and employment \n        training and related services, the protection and promotion of \n        inheritance rights for such children, and the treatment of \n        orphans and other vulnerable children with HIV\/AIDS, are made \n        more accessible.\n            (18) Assistance for orphans and other vulnerable children \n        can best be provided by a comprehensive approach of the United \n        States Government that--\n                    (A) ensures that Federal agencies and the private \n                sector coordinate efforts to prevent and eliminate \n                duplication of efforts and waste in the provision of \n                such assistance; and\n                    (B) to the maximum extent possible, focuses on \n                community-based programs that allow orphans and other \n                vulnerable children to remain connected to the \n                traditions and rituals of their families and \n                communities.\n\nSEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN \n              DEVELOPING COUNTRIES.\n\n    Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 \nU.S.C. 2151 et seq.) is amended by adding at the end the following \nsection:\n\n``SEC. 135. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN.\n\n    ``(a) Findings.--Congress finds the following:\n            ``(1) There are more than 110,000,000 orphans living in \n        sub-Saharan Africa, Asia, Latin America, and the Caribbean.\n            ``(2) The HIV\/AIDS pandemic has created an unprecedented \n        orphan crisis, especially in sub-Saharan Africa, where children \n        have been hardest hit. The pandemic is deepening poverty in \n        entire communities, and is jeopardizing the health, safety, and \n        survival of all children in affected countries. It is estimated \n        that 14,000,000 children have lost one or both parents to AIDS.\n            ``(3) The orphans crisis in sub-Saharan Africa has \n        implications for human welfare, development, and political \n        stability that extend far beyond the region, affecting \n        governments and people worldwide.\n            ``(4) Extended families and local communities are \n        struggling to meet the basic needs of orphans and vulnerable \n        children by providing food, health care including treatment of \n        children living with HIV\/AIDS, education expenses, and \n        clothing.\n            ``(5) Providing assistance to such children is an important \n        expression of the humanitarian concern and tradition of the \n        people of the United States.\n    ``(b) Definitions.--In this section:\n            ``(1) AIDS.--The term `AIDS' has the meaning given the term \n        in section 104A(g)(1) of this Act.\n            ``(2) Children.--The term `children' means persons who have \n        not attained the age of 18.\n            ``(3) HIV\/AIDS.--The term `HIV\/AIDS' has the meaning given \n        the term in section 104A(g)(3) of this Act.\n            ``(4) Orphan.--The term `orphan' means a child deprived by \n        death of one or both parents.\n            ``(5) Psychosocial support.--The term `psychosocial \n        support' includes care that addresses the ongoing psychological \n        and social problems that affect individuals, their partners, \n        families, and caregivers in order to alleviate suffering, \n        strengthen social ties and integration, provide emotional \n        support, and promote coping strategies.\n    ``(c) Assistance.--The President is authorized to provide \nassistance, including providing such assistance through international \nor nongovernmental organizations, for programs in developing countries \nto provide basic care and services for orphans and other vulnerable \nchildren. Such programs should provide assistance--\n            ``(1) to support families and communities to mobilize their \n        own resources through the establishment of community-based \n        organizations to provide basic care for orphans and other \n        vulnerable children;\n            ``(2) for school food programs, including the purchase of \n        local or regional foodstuffs where appropriate;\n            ``(3) to increase primary school enrollment through the \n        elimination of school fees, where appropriate, or other \n        barriers to education while ensuring that adequate resources \n        exist for teacher training and infrastructure;\n            ``(4) to provide employment training and related services \n        for orphans and other vulnerable children who are of legal \n        working age;\n            ``(5) to protect and promote the inheritance rights of \n        orphans, other vulnerable children, and widows;\n            ``(6) to provide culturally appropriate psychosocial \n        support to orphans and other vulnerable children; and\n            ``(7) to treat orphans and other vulnerable children with \n        HIV\/AIDS through the provision of pharmaceuticals, the \n        recruitment and training of individuals to provide pediatric \n        treatment, and the purchase of pediatric-specific technologies.\n    ``(d) Authorization of Appropriations.--\n            ``(1) In general.--There is authorized to be appropriated \n        to the President to carry out this section such sums as may be \n        necessary for each of the fiscal years 2005 and 2006.\n            ``(2) Availability of funds.--Amounts made available under \n        paragraph (1) are authorized to remain available until expended \n        and are in addition to amounts otherwise available for such \n        purposes.\n            ``(3) Relationship to other laws.--Amounts made available \n        for assistance pursuant to this subsection, and amounts made \n        available for such assistance pursuant to any other provision \n        of law, may be used to provide such assistance notwithstanding \n        any other provision of law.''.\n\nSEC. 4. STRATEGY OF THE UNITED STATES.\n\n    (a) Requirement for Strategy.--Not later than 180 days after the \ndate of enactment of this Act, the President shall develop, and submit \nto the appropriate congressional committees, a strategy for \ncoordinating, implementing, and monitoring assistance programs for \norphans and vulnerable children.\n    (b) Consultation.--The President should consult with employees of \nthe field missions of the United States Agency for International \nDevelopment in developing the strategy required by subsection (a) to \nensure that such strategy--\n            (1) will not impede the efficiency of implementing \n        assistance programs for orphans and vulnerable children; and\n            (2) addresses the specific needs of indigenous populations.\n    (c) Content.--The strategy required by subsection (a) shall \ninclude--\n            (1) the identity of each agency or department of the \n        Federal Government that is providing assistance for orphans and \n        vulnerable children in foreign countries;\n            (2) a description of the efforts of the head of each such \n        agency or department to coordinate the provision of such \n        assistance with other agencies or departments of the Federal \n        Government or nongovernmental entities;\n            (3) a description of a coordinated strategy, including \n        coordination with other bilateral and multilateral donors, to \n        provide the assistance authorized in section 135 of the Foreign \n        Assistance Act of 1961, as added by section 3 of this Act;\n            (4) an analysis of additional coordination mechanisms or \n        procedures that could be implemented to carry out the purposes \n        of such section;\n            (5) a description of a monitoring system that establishes \n        performance goals for the provision of such assistance and \n        expresses such goals in an objective and quantifiable form, to \n        the extent feasible; and\n            (6) a description of performance indicators to be used in \n        measuring or assessing the achievement of the performance goals \n        described in paragraph (5).\n\nSEC. 5. ANNUAL REPORT.\n\n    Not later than one year after the date on which the President \nsubmits the strategy required by section 4(a) to the appropriate \ncongressional committees, and annually thereafter, the President shall \nsubmit a report to the appropriate congressional committees on the \nimplementation of this Act.\n\nSEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.\n\n    In this Act, the term ``appropriate congressional committees'' \nmeans the Committee on Appropriations and the Committee on Foreign \nRelations of the Senate and the Committee on Appropriations and the \nCommittee on International Relations of the House of Representatives.","title":""}
+{"_id":"c87","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Atchafalaya National Heritage Area \nAct''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) The Atchafalaya Basin area of Louisiana, designated by \n        the Louisiana Legislature as the ``Atchafalaya Trace State \n        Heritage Area'' and consisting of the area described in section \n        5(b), is an area in which natural, scenic, cultural, and \n        historic resources form a cohesive and nationally distinctive \n        landscape arising from patterns of human activity shaped by \n        geography.\n            (2) The significance of the area is enhanced by the \n        continued use of the area by people whose traditions have \n        helped shape the landscape.\n            (3) There is a national interest in conserving, restoring, \n        promoting, and interpreting the benefits of the area for the \n        residents of, and visitors to, the area.\n            (4) The area represents an assemblage of rich and varied \n        resources forming a unique aspect of the heritage of the United \n        States.\n            (5) The area reflects a complex mixture of people and their \n        origins, traditions, customs, beliefs, and folkways of interest \n        to the public.\n            (6) The land and water of the area offer outstanding \n        recreational opportunities, educational experiences, and \n        potential for interpretation and scientific research.\n            (7) Local governments of the area support the establishment \n        of a national heritage area.\n\nSEC. 3. PURPOSES.\n\n    The purposes of this Act are--\n            (1) to conserve, restore, promote, and interpret the \n        significant resource values and functions of the Atchafalaya \n        Basin area and advance sustainable economic development of the \n        area;\n            (2) to foster a close working relationship with all levels \n        of government, the private sector, and the local communities in \n        the area so as to enable those communities to conserve their \n        heritage while continuing to pursue economic opportunities; and\n            (3) to establish, in partnership with the State, local \n        communities, preservation organizations, private corporations, \n        and landowners in the Heritage Area, the Atchafalaya Trace \n        State Heritage Area, as eligible parishes designated by the \n        Louisiana Legislature, as the Atchafalaya National Heritage \n        Area.\n\nSEC. 4. DEFINITIONS.\n\n    In this Act:\n            (1) Heritage area.--The term ``Heritage Area'' means the \n        Atchafalaya National Heritage Area established by section 5(a).\n            (2) Local coordinating entity.--The term ``local \n        coordinating entity'' means the local coordinating entity for \n        the Heritage Area designated by section 5(c).\n            (3) Management plan.--The term ``management plan'' means \n        the management plan for the Heritage Area developed under \n        section 7.\n            (4) Secretary.--The term ``Secretary'' means the Secretary \n        of the Interior.\n            (5) State.--The term ``State'' means the State of \n        Louisiana.\n\nSEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA.\n\n    (a) Establishment.--There is established in the State the \nAtchafalaya National Heritage Area.\n    (b) Boundaries.--The Heritage Area shall consist of parishes that \nare consistent with the tradition, purposes, goals, and culture of the \nHeritage Area as determined by the Secretary in consultation with the \nState. The Secretary shall give priority consideration to those \nparishes in Atchafalaya State Heritage Area.\n    (c) Local Coordinating Entity.--\n            (1) In general.--The Atchafalaya Trace Commission shall be \n        the local coordinating entity for the Heritage Area.\n            (2) Composition.--The local coordinating entity shall be \n        composed of 1 member appointed by the governing authority of \n        each parish within the Heritage Area.\n\nSEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.\n\n    (a) Authorities.--For the purposes of developing and implementing \nthe management plan approved by the Secretary, the local coordinating \nentity may--\n            (1) make grants to, and enter into cooperative agreements \n        with, the State, units of local government, and private \n        organizations;\n            (2) hire and compensate staff; and\n            (3) enter into contracts for goods and services.\n    (b) Duties.--The local coordinating entity shall--\n            (1) submit to the Secretary for approval a management plan;\n            (2) implement the management plan, including providing \n        assistance to units of government and others in--\n                    (A) carrying out programs that recognize important \n                resource values within the Heritage Area;\n                    (B) encouraging sustainable economic development \n                within the Heritage Area;\n                    (C) establishing and maintaining interpretive sites \n                within the Heritage Area; and\n                    (D) increasing public awareness and appreciation \n                for the natural, historic, and cultural resources of \n                the Heritage Area;\n            (3) adopt bylaws governing the conduct of the local \n        coordinating entity; and\n            (4) for any year for which Federal funds are received under \n        this Act, submit to the Secretary a report that describes, for \n        the year--\n                    (A) the accomplishments of the local coordinating \n                entity; and\n                    (B) the expenses and income of the local \n                coordinating entity.\n    (c) Acquisition of Real Property.--No Federal funds authorized \nunder this Act may be used to acquire real property or any interest in \nreal property.\n    (d) Public Meetings.--The local coordinating entity shall conduct \npublic meetings at least quarterly.\n\nSEC. 7. MANAGEMENT PLAN.\n\n    (a) In General.--The local coordinating entity shall develop a \nmanagement plan for the Heritage Area that incorporates an integrated \nand cooperative approach to conserve, interpret, and enhance the \nnatural, scenic, cultural, historic, and recreational resources of the \nHeritage Area consistent with local, State and Federal land use laws \nand compatible with the economic viability of the Heritage Area.\n    (b) Consideration of Other Plans and Actions.--In developing the \nmanagement plan, the local coordinating entity shall--\n            (1) take into consideration Federal, State, and local plans \n        land use, laws, and plans; and\n            (2) invite the participation of residents, public agencies, \n        and private organizations in the Heritage Area.\n    (c) Contents.--The management plan shall include--\n            (1) an inventory of the resources in the Heritage Area, \n        including--\n                    (A) a list of property in the Heritage Area that--\n                            (i) relates to the purposes of the Heritage \n                        Area; and\n                            (ii) should be preserved, restored, \n                        managed, or maintained because of the \n                        significance of the property; and\n                    (B) an assessment of cultural landscapes within the \n                Heritage Area;\n            (2) provisions for the conservation, interpretation, and \n        enjoyment of the resources of the Heritage Area identified in \n        the management plan and found by the Secretary to be consistent \n        with this Act and consistent with economic viability of the \n        Heritage Area;\n            (3) an interpretation plan for the Heritage Area; and\n            (4) a program for implementation of the management plan \n        that includes--\n                    (A) actions that may be carried out by units of \n                government, private organizations, and public-private \n                partnerships to protect the resources of the Heritage \n                Area; and\n                    (B) the identification of existing and potential \n                sources of funding for implementing the plan.\n    (d) Submission to Secretary for Approval.--\n            (1) In general.--Not later than 3 years after the date of \n        the enactment of this Act, the local coordinating entity shall \n        submit the management plan to the Secretary for approval.\n            (2) Effect of failure to submit.--If a management plan is \n        not submitted to the Secretary by the date specified in \n        paragraph (1), the Secretary shall not provide any additional \n        funding under this Act until a management plan for the Heritage \n        Area is submitted to the Secretary.\n    (e) Approval.--\n            (1) In general.--Not later than 90 days after receiving the \n        management plan submitted under subsection (d)(1), the \n        Secretary, in consultation with the State, shall approve or \n        disapprove the management plan.\n            (2) Action following disapproval.--\n                    (A) In general.--If the Secretary disapproves a \n                management plan under paragraph (1), the Secretary \n                shall--\n                            (i) advise the local coordinating entity in \n                        writing of the reasons for the disapproval;\n                            (ii) make recommendations for revisions to \n                        the management plan; and\n                            (iii) allow the local coordinating entity \n                        to submit to the Secretary revisions to the \n                        management plan.\n                    (B) Deadline for approval of revision.--Not later \n                than 90 days after the date on which a revision is \n                submitted under subparagraph (A)(iii), the Secretary \n                shall approve or disapprove the revision.\n    (f) Revision.--\n            (1) In general.--After approval by the Secretary of a \n        management plan, the local coordinating entity shall \n        periodically--\n                    (A) review the management plan; and\n                    (B) submit to the Secretary, for review and \n                approval by the Secretary, the recommendations of the \n                local coordinating entity for any revisions to the \n                management plan that the local coordinating entity \n                considers to be appropriate.\n            (2) Expenditure of funds.--Funds made available under this \n        Act shall be used only to implement the approved management \n        plan.\n\nSEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.\n\n    (a) Notification and Consent of Property Owners Required.--No \nprivately owned property shall be preserved, conserved, or promoted by \nthe management plan for the Heritage Area until the owner of that \nprivate property has been notified in writing by the management entity \nand has given written consent to the management entity for such \npreservation, conservation, or promotion.\n    (b) Landowner Withdraw.--Any owner of private property included \nwithin the boundary of the Heritage Area shall have that private \nproperty immediately removed from the boundary by submitting a written \nrequest to the management entity.\n\nSEC. 9. PRIVATE PROPERTY PROTECTION.\n\n    (a) Access to Private Property.--Nothing in this Act shall be \nconstrued to--\n            (1) require any private property owner to allow public \n        access (including Federal, State, or local government access) \n        to such private property; or\n            (2) modify any provision of Federal, State, or local law \n        with regard to public access to or use of private property.\n    (b) Liability.--Designation of the Heritage Area shall not be \nconsidered to create any liability, or to have any effect on any \nliability under any other law, of any private property owner with \nrespect to any persons injured on that private property.\n    (c) Participation of Private Property Owners in Heritage Area.--\nNothing in this Act shall be construed to require the owner of any \nprivate property located within the boundaries of the Heritage Area to \nparticipate in or be associated with the Heritage Area.\n\nSEC. 10. EFFECT OF ACT.\n\n    Nothing in this Act--\n            (1) grants any Federal agency regulatory authority over any \n        interest in the Heritage Area, unless cooperatively agreed to \n        by all involved parties;\n            (2) modifies, enlarges, or diminishes any authority of the \n        Federal, or State, or local government to regulate any use of \n        land as provided for by law (including regulations) in \n        existence on the date of the enactment of this Act;\n            (3) grants any power of zoning or land use to the local \n        coordinating entity;\n            (4) imposes any environmental, occupational, safety, or \n        other rule, standard, or permitting process that is different \n        from those in effect on the date of enactment of this Act that \n        would be applicable had the Heritage Area not been established;\n            (5) imposes any change in Federal environmental quality \n        standards;\n            (6) abridges, restricts, or alters any applicable rule, \n        standard, or review procedure for permitting of facilities \n        within or adjacent to the Heritage Area; or\n            (7) affects the continuing use and operation, where located \n        on the date of enactment of this Act, of any public or private \n        facility, including any public utility or common carrier.\n\nSEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n    There is authorized to be appropriated to carry out this Act \n$10,000,000, of which not more than $1,000,000 shall be made available \nfor any fiscal year.","title":""}
+{"_id":"c88","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Autism Understanding and Training in \nSchool Methodologies for Educators Act of 2012''.\n\nSEC. 2. FINDINGS.\n\n    The Congress finds as follows:\n            (1) Autism is a group of complex developmental brain \n        disorders collectively referred to as Autism Spectrum Disorders \n        (ASDs) that can cause a wide range of symptoms, skills, and \n        levels of impairment including social, communication and \n        behavior changes.\n            (2) Autism spectrum disorders are also referred to as \n        pervasive developmental disorders and include subcategories of \n        classic autism with ranges from high functioning autism (HFA) \n        to low functioning autism, Asperger syndrome, and pervasive \n        developmental disorder, not otherwise specified (PDD-NOS), as \n        well as more severe cases of Rhett Syndrome and Child \n        Disintegrative Disorder.\n            (3) Autism affects an estimated 1 in 88 children by age 8 \n        and 1 in 54 boys.\n            (4) An estimated 1,500,000 individuals in the United States \n        are affected by autism.\n            (5) More children will be diagnosed with autism this year \n        than with AIDS, diabetes, and cancer combined.\n            (6) Autism is the fastest growing serious developmental \n        disability in the United States.\n            (7) Autism costs the Nation over $35,000,000,000 per year, \n        a figure expected to significantly increase in the next decade.\n            (8) Boys are five times more likely than girls to have \n        autism.\n            (9) There is currently no medical cure for autism, but \n        there are evidence-based educational methods proven to be \n        effective in improving outcomes for students with autism and \n        research demonstrating the benefits of routine and consistency.\n            (10) The least restrictive environment for educating \n        students with autism spectrum disorder, including, but not \n        limited to, students with high functioning autism, Asperger \n        syndrome, and PDD-NOS, often is best achieved by enrollment in \n        a general education classroom with proper support.\n            (11) General education classroom teachers and staff often \n        are not adequately trained to work effectively with students \n        with autism spectrum disorders, who have a wide diversity of \n        characteristics, although such skills may be attained through \n        qualified training programs and may be relatively easy to \n        implement in school settings.\n            (12) Training general education classroom teachers and \n        staff to implement evidence-based practices for educating \n        students with autism spectrum disorders with accuracy and \n        fidelity will help provide for best possible outcomes not only \n        for students with autism, but also for other students in the \n        classroom.\n            (13) Children with autism in highly transient families, \n        such as the military (where the rate of children on the \n        spectrum is even higher) and foreign service families, often \n        face additional challenges in the public education system \n        because of frequent changes in the family's geographic duty \n        station or a parent's deployment, which can interrupt the \n        provision of appropriate interventions and continuity of \n        effective educational methods.\n            (14) In school districts that have a large population of \n        transient families or that border military bases it is \n        especially important to have staff who are highly trained to \n        provide effective services and build a proven track record of \n        academic achievement in serving students with autism.\n\nSEC. 3. DEMONSTRATION PROGRAM AUTHORIZED.\n\n    (a) Authorization of Grant Program.--The Secretary is authorized to \ncarry out a demonstration grant program to award grants to eligible \nentities to enable such entities to accomplish the purposes described \nin subsection (b).\n    (b) Purposes.--A grant provided under this section shall be used \nfor the following purposes within schools providing education to \nchildren in grades pre-kindergarten through 12:\n            (1) Providing evidence-based, in-service training to \n        teachers, paraprofessionals, and other staff on effective ways \n        to teach, communicate, recognize, support, and interact with \n        children with autism spectrum disorder in the classroom and \n        related school settings. Training on providing effective \n        support includes but is not limited to academic support, \n        behavioral support, communication support, social emotional \n        support, and facilitating positive peer interactions and social \n        skills.\n            (2) Providing technical assistance consisting of \n        consultation on the type of training needed, hands-on \n        opportunities to practice and perform newly acquired skills and \n        methodologies with fidelity, and post-training support to \n        ensure accuracy of implementation in the classroom.\n            (3) Executing strategies for recruiting and retaining \n        skilled personnel participating in the education of children \n        with autism spectrum disorders.\n            (4) Implementing a program of parental support and \n        involvement in the education of students with autism spectrum \n        disorders.\n    (c) Duration of Grants.--A grant provided under this section shall \nbe--\n            (1) for a period of not more than 5 years, of which not \n        more than the first 2 years shall be used for planning; and\n            (2) subject to annual approval by the Secretary and subject \n        to the availability of appropriations for the fiscal year \n        involved.\n    (d) Limitation on Administrative Costs.--An eligible entity may use \nnot more than 20 percent of the funds received under this section for \nthe administrative costs of carrying out its responsibilities under \nthis section.\n    (e) Applications.--To be eligible to receive a grant under this \nsection, an eligible entity shall submit an application to the \nSecretary at such time, in such manner, and containing such information \nas the Secretary may require.\n    (f) Report.--The Secretary shall conduct an evaluation of the \ndemonstration program authorized by this section and, not later than 1 \nyear after the date of the completion of the demonstration program, \nshall prepare and submit to the President and the Congress a report on \nsuch evaluation, together with recommendations for dissemination and \nreplication of the results of the program.\n    (g) Definitions.--For purposes of this section:\n            (1) The term ``autism spectrum disorders (ASDs)'' refers to \n        complex disorders of brain development that can affect \n        individuals with varying degrees from mild to severe, and is \n        characterized by a combination of restricted repetitive and \n        stereotyped behaviors, interests and activities; qualitative \n        impairments in social interactions; and qualitative impairments \n        in verbal and nonverbal communication.\n            (2) The term ``eligible entity'' means an eligible local \n        educational agency, or a consortia of such agencies, in \n        partnership with--\n                    (A) one or more institutions of higher education; \n                or\n                    (B) one or more nonprofit educational entities with \n                documented expertise in working with children with \n                autism.\n            (3) The term ``eligible local educational agency'' means a \n        local educational agency that has no less than 10 percent of \n        its special education population identified with autism \n        spectrum disorders, including, but not limited to, high \n        functioning autism, Asperger syndrome, and PDD-NOS, and have \n        documented a growth pattern in the number of these students.\n            (4) The term ``institution of higher education'' has the \n        meaning given such term in section 102 of the Higher Education \n        Act of 1965 (20 U.S.C. 1002).\n            (5) The term ``local educational agency'' has the meaning \n        given the term in section 9101 of the Elementary and Secondary \n        Education Act of 1965 (20 U.S.C. 7801).\n            (6) The term ``Secretary'' means the Secretary of \n        Education.","title":""}
+{"_id":"c89","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Aviation Disaster Family Assistance \nAct of 1996''.\n\nSEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES \n              OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS.\n\n    (a) Authority To Provide Assistance.--\n            (1) In general.--Subchapter III of chapter 11 of title 49, \n        United States Code, is amended by adding at the end the \n        following:\n``Sec. 1136. Assistance to families of passengers involved in aircraft \n              accidents\n    ``(a) In General.--As soon as practicable after being notified of \nan aircraft accident within the United States involving an air carrier \nor foreign air carrier and resulting in a major loss of life, the \nChairman of the National Transportation Safety Board shall--\n            ``(1) designate and publicize the name and phone number of \n        a director of family support services who shall be an employee \n        of the Board and shall be responsible for acting as a point of \n        contact within the Federal Government for the families of \n        passengers involved in the accident and a liaison between the \n        air carrier or foreign air carrier and the families; and\n            ``(2) designate an independent nonprofit organization, with \n        experience in disasters and posttrauma communication with \n        families, which shall have primary responsibility for \n        coordinating the emotional care and support of the families of \n        passengers involved in the accident.\n    ``(b) Responsibilities of the Board.--The Board shall have primary \nFederal responsibility for facilitating the recovery and identification \nof fatally-injured passengers involved in an accident described in \nsubsection (a).\n    ``(c) Responsibilities of Designated Organization.--The \norganization designated for an accident under subsection (a)(2) shall \nhave the following responsibilities with respect to the families of \npassengers involved in the accident:\n            ``(1) To provide mental health and counseling services, in \n        coordination with the disaster response team of the air carrier \n        or foreign air carrier involved.\n            ``(2) To take such actions as may be necessary to provide \n        an environment in which the families may grieve in private.\n            ``(3) To meet with the families who have traveled to the \n        location of the accident, to contact the families unable to \n        travel to such location, and to contact all affected families \n        periodically thereafter until such time as the organization, in \n        consultation with the director of family support services \n        designated for the accident under subsection (a)(1), determines \n        that further assistance is no longer needed.\n            ``(4) To communicate with the families as to the roles of \n        the organization, government agencies, and the air carrier or \n        foreign air carrier involved with respect to the accident and \n        the post-accident activities.\n            ``(5) To arrange a suitable memorial service, in \n        consultation with the families.\n    ``(d) Passenger Lists.--\n            ``(1) Requests for passenger lists.--\n                    ``(A) Requests by director of family support \n                services.--It shall be the responsibility of the \n                director of family support services designated for an \n                accident under subsection (a)(1) to request, as soon as \n                practicable, from the air carrier or foreign air \n                carrier involved in the accident a list, which is based \n                on the best available information at the time of the \n                request, of the names of the passengers that were \n                aboard the aircraft involved in the accident.\n                    ``(B) Requests by designated organization.--The \n                organization designated for an accident under \n                subsection (a)(2) may request from the air carrier or \n                foreign air carrier involved in the accident a list \n                described in subparagraph (A).\n            ``(2) Use of information.--The director of family support \n        services and the organization may not release to any person \n        information on a list obtained under paragraph (1) but may \n        provide information on the list about a passenger to the family \n        of the passenger to the extent that the director of family \n        support services or the organization considers appropriate.\n    ``(e) Continuing Responsibilities of the Board.--In the course of \nits investigation of an accident described in subsection (a), the Board \nshall, to the maximum extent practicable, ensure that the families of \npassengers involved in the accident--\n            ``(1) are briefed, prior to any public briefing, about the \n        accident, its causes, and any other findings from the \n        investigation; and\n            ``(2) are individually informed of and allowed to attend \n        any public hearings and meetings of the Board about the \n        accident.\n    ``(f) Use of Air Carrier Resources.--To the extent practicable, the \norganization designated for an accident under subsection (a)(2) shall \ncoordinate its activities with the air carrier or foreign air carrier \ninvolved in the accident so that the resources of the carrier can be \nused to the greatest extent possible to carry out the organization's \nresponsibilities under this section.\n    ``(g) Prohibited Actions.--\n            ``(1) Actions to impede the board.--No person (including a \n        State or political subdivision) may impede the ability of the \n        Board (including the director of family support services \n        designated for an accident under subsection (a)(1)), or an \n        organization designated for an accident under subsection \n        (a)(2), to carry out its responsibilities under this section or \n        the ability of the families of passengers involved in the \n        accident to have contact with one another.\n            ``(2) Unsolicited communications.--In the event of an \n        accident involving an air carrier providing interstate or \n        foreign air transportation, no unsolicited communication \n        concerning a potential action for personal injury or wrongful \n        death may be made by an attorney, representative of an \n        attorney, insurance company, or air carrier litigation \n        representative to an individual injured in the accident, or to \n        a relative of an individual involved in the accident, before \n        the 30th day following the date of the accident.\n    ``(h) Definitions.--In this section, the following definitions \napply:\n            ``(1) Aircraft accident.--The term `aircraft accident' \n        means any aviation disaster regardless of its cause or \n        suspected cause.\n            ``(2) Passenger.--The term `passenger' includes an employee \n        of an air carrier aboard an aircraft.''.\n            (2) Conforming amendment.--The table of sections for \n        chapter 11 of such title is amended by inserting after the item \n        relating to section 1135 the following:\n\n``1136. Assistance to families of passengers involved in aircraft \n                            accidents.''.\n    (b) Penalties.--Section 1155(a)(1) of such title is amended--\n            (1) by striking ``or 1134(b) or (f)(1)'' and inserting ``, \n        section 1134(b), section 1134(f)(1), or section 1136(g)''; and\n            (2) by striking ``either of'' and inserting ``any of''.\n\nSEC. 3. AIR CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS \n              INVOLVED IN AIRCRAFT ACCIDENTS.\n\n    (a) In General.--Chapter 411 of title 49, United States Code, is \namended by adding at the end the following:\n``Sec. 41113. Plans to address needs of families of passengers involved \n              in aircraft accidents\n    ``(a) Submission of Plans.--Not later than 6 months after the date \nof the enactment of this section, each air carrier holding a \ncertificate of public convenience and necessity under section 41102 of \nthis title shall submit to the Secretary and the Chairman of the \nNational Transportation Safety Board a plan for addressing the needs of \nthe families of passengers involved in any aircraft accident involving \nan aircraft of the air carrier and resulting in a major loss of life.\n    ``(b) Contents of Plans.--A plan to be submitted by an air carrier \nunder subsection (a) shall include, at a minimum, the following:\n            ``(1) A plan for publicizing a reliable, toll-free \n        telephone number, and for providing staff, to handle calls from \n        the families of the passengers.\n            ``(2) A process for notifying the families of the \n        passengers, before providing any public notice of the names of \n        the passengers, either by utilizing the services of the \n        organization designated for the accident under section \n        1136(a)(2) of this title or the services of other suitably \n        trained individuals.\n            ``(3) An assurance that the notice described in paragraph \n        (2) will be provided to the family of a passenger as soon as \n        the air carrier has verified that the passenger was aboard the \n        aircraft (whether or not the names of all of the passengers \n        have been verified) and, to the extent practicable, in person.\n            ``(4) An assurance that the air carrier will provide to the \n        director of family support services designated for the accident \n        under section 1136(a)(1) of this title, and to the organization \n        designated for the accident under section 1136(a)(2) of this \n        title, immediately upon request, a list (which is based on the \n        best available information at the time of the request) of the \n        names of the passengers aboard the aircraft (whether or not \n        such names have been verified), and will periodically update \n        the list.\n            ``(5) An assurance that the family of each passenger will \n        be consulted about the disposition of all remains and personal \n        effects of the passenger.\n            ``(6) An assurance that if requested by the family of a \n        passenger, any possession of the passenger within the control \n        of the air carrier (regardless of its condition) will be \n        returned to the family unless the possession is needed for the \n        accident investigation or any criminal investigation.\n            ``(7) An assurance that any unclaimed possession of a \n        passenger within the control of the air carrier will be \n        retained by the air carrier for at least 18 months.\n            ``(8) An assurance that the family of each passenger will \n        be consulted about construction by the air carrier of any \n        monument to the passengers, including any inscription on the \n        monument.\n            ``(9) An assurance that the treatment of the families of \n        nonrevenue passengers (and any other victim of the accident) \n        will be the same as the treatment of the families of revenue \n        passengers.\n            ``(10) An assurance that the air carrier will work with any \n        organization designated under section 1136(a)(2) of this title \n        on an ongoing basis to ensure that families of passengers \n        receive an appropriate level of services and assistance \n        following each accident.\n            ``(11) An assurance that the air carrier will provide \n        reasonable compensation to any organization designated under \n        section 1136(a)(2) of this title for services provided by the \n        organization.\n            ``(12) An assurance that the air carrier will assist the \n        family of a passenger in traveling to the location of the \n        accident and provide for the physical care of the family while \n        the family is staying at such location.\n            ``(13) An assurance that the air carrier will commit \n        sufficient resources to carry out the plan.\n    ``(c) Certificate Requirement.--After the date that is 6 months \nafter the date of the enactment of this section, the Secretary may not \napprove an application for a certificate of public convenience and \nnecessity under section 41102 of this title unless the applicant has \nincluded as part of such application a plan that meets the requirements \nof subsection (b).\n    ``(d) Limitation on Liability.--An air carrier shall not be liable \nfor damages in any action brought in a Federal or State court arising \nout of the performance of the air carrier in preparing or providing a \npassenger list pursuant to a plan submitted by the air carrier under \nsubsection (b), unless such liability was caused by conduct of the air \ncarrier which was grossly negligent or which constituted intentional \nmisconduct.\n    ``(e) Aircraft Accident and Passenger Defined.--In this section, \nthe terms `aircraft accident' and `passenger' have the meanings such \nterms have in section 1136 of this title.''.\n    (b) Conforming Amendment.--The table of sections for such chapter \nis amended by adding at the end the following:\n\n``41113. Plans to address needs of families of passengers involved in \n                            aircraft accidents.''.\n\nSEC. 4. ESTABLISHMENT OF TASK FORCE.\n\n    (a) Establishment.--The Secretary of Transportation, in cooperation \nwith the National Transportation Safety Board, the Federal Emergency \nManagement Agency, the American Red Cross, air carriers, and families \nwhich have been involved in aircraft accidents shall establish a task \nforce consisting of representatives of such entities and families, \nrepresentatives of air carrier employees, and representatives of such \nother entities as the Secretary considers appropriate.\n    (b) Model Plan and Recommendations.--The task force established \npursuant to subsection (a) shall develop--\n            (1) a model plan to assist air carriers in responding to \n        aircraft accidents;\n            (2) recommendations on methods to ensure that attorneys and \n        representatives of media organizations do not intrude on the \n        privacy of families of passengers involved in an aircraft \n        accident;\n            (3) recommendations on methods to ensure that the families \n        of passengers involved in an aircraft accident who are not \n        citizens of the United States receive appropriate assistance;\n            (4) recommendations on methods to ensure that State mental \n        health licensing laws do not act to prevent out-of-state mental \n        health workers from working at the site of an aircraft accident \n        or other related sites;\n            (5) recommendations on the extent to which military experts \n        and facilities can be used to aid in the identification of the \n        remains of passengers involved in an aircraft accident; and\n            (6) recommendations on methods to improve the timeliness of \n        the notification provided by air carriers to the families of \n        passengers involved in an aircraft accident, including--\n                    (A) an analysis of the steps that air carriers \n                would have to take to ensure that an accurate list of \n                passengers on board the aircraft would be available \n                within 1 hour of the accident and an analysis of such \n                steps to ensure that such list would be available \n                within 3 hours of the accident;\n                    (B) an analysis of the added costs to air carriers \n                and travel agents that would result if air carriers \n                were required to take the steps described in \n                subparagraph (A); and\n                    (C) an analysis of any inconvenience to passengers, \n                including flight delays, that would result if air \n                carriers were required to take the steps described in \n                subparagraph (A).\n    (c) Report.--Not later than 1 year after the date of the enactment \nof this Act, the Secretary shall transmit to Congress a report \ncontaining the model plan and recommendations developed by the task \nforce under subsection (b).\n\nSEC. 5. LIMITATION ON STATUTORY CONSTRUCTION.\n\n    Nothing in this Act or any amendment made by this Act may be \nconstrued as limiting the actions that an air carrier may take, or the \nobligations that an air carrier may have, in providing assistance to \nthe families of passengers involved in an aircraft accident.\n\n            Passed the House of Representatives September 18, 1996.\n\n            Attest:\n\n                                                ROBIN H. CARLE,\n\n                                                                 Clerk.","title":""}
+{"_id":"c9","text":"SECTION 1. AUTHORIZATION OF APPROPRIATIONS OF ADDITIONAL AMOUNT FOR \n              FISCAL YEAR 2000 FOR DISASTER RELIEF FOR THE VICTIMS OF \n              HURRICANE FLOYD.\n\n    (a) Findings.--Congress finds that--\n            (1) between August 29 and September 9, 1999, Hurricane \n        Dennis hovered off the coast of North Carolina and eventually \n        made landfall off Cape Hatteras;\n            (2) Hurricane Dennis brought 20 inches of rain to portions \n        of North Carolina, wiped out significant portions of the \n        highway network on the North Carolina Outer Banks, and flooded \n        homes and businesses;\n            (3) Hurricane Dennis caused millions of dollars in damage \n        to houses, businesses, farms, fishermen, roads, beaches and \n        protective dunes;\n            (4) between September 14 and 16, 1999, Hurricane Floyd \n        menaced most of the southeastern seaboard of the United States, \n        provoking the largest peace time evacuation of eastern Florida, \n        the Georgia coast, the South Carolina coast, and the North \n        Carolina Coast;\n            (5) on September 16, 1999, in the early morning hours, \n        Hurricane Floyd made landfall at the Cape Fear River, dumping \n        up to 18 inches of rain on sections of North Carolina only days \n        after the heavy rainfall from Hurricane Dennis;\n            (6) the result of the landfall of Hurricane Floyd was the \n        worst recorded flooding in the history of North Carolina;\n            (7) after making landfall, Hurricane Floyd continued to \n        move up the eastern seaboard, causing flooding and tornadoes in \n        Virginia, Maryland, Pennsylvania, New Jersey, New York and \n        Connecticut;\n            (8) Hurricane Floyd is responsible for the known deaths of \n        54 people, 35 of whom were confirmed dead in North Carolina, 3 \n        in New Jersey, 2 in New York, 6 in Pennsylvania, 4 in Virginia, \n        2 in Delaware, 1 in Vermont, and 1 in Connecticut, with many \n        people still missing;\n            (9) as the flood waters recede, the death toll from \n        Hurricane Floyd is expected to grow;\n            (10) farmers and fishermen have been among the most \n        drastically affected by Hurricane Floyd;\n            (11) in North Carolina alone, the agricultural loss \n        estimates are already $1,300,000,000, and are likely to rise \n        far higher;\n            (12) North Carolina is the third most agriculturally \n        diverse State in the country, producing, among other products, \n        tobacco, cotton, peanuts, soybeans, corn, sweet potatoes, \n        livestock, dairy, and produce;\n            (13) last year in North Carolina, the total commodities \n        sold from the State topped $7 billion, and in Virginia they \n        generated $2.4 billion in cash receipts;\n            (14) in North Carolina, more than 100,000 hogs have \n        drowned, and more than 3,000,000 poultry have been killed by \n        the flooding;\n            (15) an estimated 120,000,000 gallons of hog waste have \n        spilled into the environment, polluting rivers and ground \n        water, and dozens of waste lagoons have been destroyed or \n        flooded;\n            (16) millions of other animals in North Carolina are in \n        danger of starving to death, trapped in areas where it is \n        impossible to deliver feed;\n            (17) 80 percent of the North Carolina cotton crop, 25 \n        percent of the Virginia cotton crop, 75 to 80 percent of the \n        soybean crop, and 75 to 80 percent of the peanut crop \n        (including 25 percent of the Virginia peanut crop) are expected \n        to be lost;\n            (18) the North Carolina sweet potato crop may be a complete \n        loss;\n            (19) seed crops in the area have been almost completely \n        destroyed;\n            (20) farming equipment throughout the area has been \n        destroyed;\n            (21) debris cleanup in affected areas will be overwhelming, \n        and the possibility of soil contamination will have to be \n        assessed on farms across the State; and\n            (22) hundreds of fishermen have lost their boats as a \n        result of the force of Hurricane Floyd and Hurricane Dennis.\n    (b) Authorization of Appropriations.--\n            (1) Agriculture.--There is authorized to be appropriated \n        for the Department of Agriculture for fiscal year 2000, \n        $3,000,000,000, to remain available until expended, for \n        expenses of the Department relating to the provision of \n        disaster relief for agricultural producers affected by \n        Hurricane Floyd and for other Hurricane Floyd-related relief \n        under--\n                    (A) the flooded land reserve program, in accordance \n                with section 1124 of the Agriculture, Rural \n                Development, Food and Drug Administration, and Related \n                Agencies Appropriations Act, 1998 (Public Law 105-277; \n                7 U.S.C. 1421 note);\n                    (B) the Wetlands Reserve Program, authorized by \n                subchapter C of chapter 1 of subtitle D of title XII of \n                the Food Security Act of 1985 (16 U.S.C. 3837);\n                    (C) the Environmental Quality Incentives Program \n                under chapter 4 of subtitle D of the Food Security Act \n                of 1985 (16 U.S.C. 3839aa et seq.);\n                    (D) the Emergency Conservation Program under title \n                IV of the Agricultural Credit Act of 1978 (16 U.S.C. \n                2201 et seq.);\n                    (E) the rural housing insurance fund under section \n                502 of the Housing Act of 1949 (42 U.S.C. 1487);\n                    (F) the program to provide low income housing \n                repair grants under section 504 of the Housing Act of \n                1949 (42 U.S.C. 1474); and\n                    (G) any other program that provides appropriate \n                disaster relief, as determined by the Secretary of \n                Agriculture.\n            (2) Commerce.--There is authorized to be appropriated for \n        the Department of Commerce for fiscal year 2000, $50,000,000 \n        for expenses of the Department of Commerce to provide emergency \n        disaster assistance to persons or entities that have incurred \n        losses from a commercial fishery failure described in 308(b)(1) \n        of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. \n        4107(b)) and due to Hurricane Floyd, to remain available until \n        expended.\n            (3) FEMA.--There is authorized to be appropriated for the \n        Federal Emergency Management Agency for fiscal year 2000, \n        $250,000,000 for emergency expenses resulting from Hurricane \n        Floyd, to remain available until expended.\n    (c) Construction.--The amounts authorized to be appropriated by \nsubsection (b) are in addition to any other amounts authorized to be \nappropriated for the Department of Agriculture, the Department of \nCommerce or the Federal Emergency Management Agency for fiscal year \n2000 for the expenses described in that subsection.\n    (d) Designation As Emergency Spending.--The appropriation of any \namount under an authorization of appropriations in subsection (b) shall \nbe--\n            (1) designated as emergency spending in accordance with \n        section 251(b)(2)(A) of the Balanced Budget and Emergency \n        Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)); and\n            (2) made available on an emergency basis.","title":""}
+{"_id":"c90","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Balanced Economic and Environmental \nPriorities Act of 1994''.\n\nSEC. 2. ECONOMIC IMPACT ANALYSES.\n\n    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is \namended by adding at the end the following:\n    ``(j) Economic Impact Analysis.--(1)(A) Notwithstanding any other \nprovision of this Act, an officer or employee of a Federal agency shall \nnot implement or enforce a designation, regulation, or recovery plan \ndescribed in subparagraph (B) unless--\n            ``(i) the Secretary has prepared an economic impact \n        analysis under this subsection with respect to the designation, \n        regulation, or recovery plan;\n            ``(ii) the Secretary determines, based on that analysis, \n        that the benefits of that designation, regulation, or recovery \n        plan outweigh the costs of that act; and\n            ``(iii) the Secretary has published an economic impact \n        statement describing the findings of that analysis.\n    ``(B) The designation, regulations, and recovery plans referred to \nin subparagraph (A) are the following:\n            ``(i) A designation of critical habitat under subsection \n        (a)(2).\n            ``(ii) A protective regulation issued under subsection (d).\n            ``(iii) A recovery plan developed under subsection (f).\n    ``(2)(A) The Secretary shall perform an economic impact analysis in \naccordance with this paragraph with respect to each designation, \nregulation, and recovery plan described in paragraph (1)(B).\n    ``(B) An economic impact analysis under this paragraph shall \ninclude determination of the following:\n            ``(i) The economic consequences of implementing and \n        enforcing the designation, regulation, or recovery plan, \n        including the aggregate statistical data which indicates--\n                    ``(I) identifiable and potential job losses or \n                diminishments resulting from that implementation and \n                enforcement,\n                    ``(II) identifiable losses or diminishments in the \n                value of real property resulting from that \n                implementation and enforcement, and\n                    ``(III) losses or diminishments in the value of \n                business enterprises resulting from that implementation \n                and enforcement.\n            ``(ii) The effect that implementing and enforcing the \n        designation, regulation, or recovery plan will have on tax \n        revenues received by the Federal Government or by State and \n        local governments, including any revenue losses attributable to \n        losses or diminishments in value described in clause (i).\n            ``(iii) The effect that implementing and enforcing the \n        designation, regulation, or recovery plan will have on outlays \n        by Federal, State, and local governments, including--\n                    ``(I) effects on payments made pursuant to \n                subsection (l), and\n                    ``(II) effects on expenditures required for \n                unemployment compensation, aid to families with \n                dependent children under part A of title IV of the \n                Social Security Act, medicaid under title XIX of the \n                Social Security Act, and other Federal, State, and \n                local government programs.\n            ``(iv) The effect that implementing and enforcing the \n        designation, regulation, or recovery plan will have on the \n        competitive position of any individual business enterprise or \n        aggregate industry affected by that action, determined jointly \n        with the Secretary of Commerce.\n            ``(v) The ecological and economic impacts of the extinction \n        of any species that implementation and enforcement is intended \n        to prevent.\n            ``(vi) Any other potential economic, budgetary, or \n        ecological effects that the Secretary considers appropriate.\n    ``(3) The Secretary shall determine, based on the analysis \nperformed under paragraph (2), whether the costs of implementing and \nenforcing a designation, regulation, or recovery plan described in \nparagraph (1)(B) outweigh the benefits of that implementation and \nenforcement.''.\n\nSEC. 3. LIMITATION OF ECONOMIC LOSSES CAUSED BY LISTING SPECIES AS \n              ENDANGERED SPECIES OR THREATENED SPECIES; COMPENSATION.\n\n    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), \nas amended by section 2, is amended by adding at the end the following:\n    ``(k) Limitation of Losses Caused by Listing Species as Endangered \nSpecies or Threatened Species.--In implementing this Act with respect \nto an endangered species or threatened species included in a list \npublished under subsection (c), the Secretary shall limit economic \nlosses incurred by persons as a result of that implementation.\n    ``(l) Compensation for Losses and Diminishments in Value.--(1) The \nSecretary shall pay to any person who incurs an economic loss as a \nresult of a species being included in a list of endangered species or \nthreatened species published under this section the amount of that \nloss, including--\n            ``(A) any diminishment in the value of tangible or \n        intangible property, and\n            ``(B) any loss resulting from the loss or diminishment of a \n        job.\n    ``(2) The Secretary shall issue regulations establishing procedures \nfor obtaining payments under this subsection.\n    ``(3) A person may not recover any amount under this subsection for \nany de minimis or wholly speculative loss.\n    ``(4) Any denial by the Secretary of an application for payment \nunder this subsection may be appealed in the appropriate Federal \ndistrict court of the United States, including any determination by the \nSecretary that a person is ineligible for payment by reason of \nparagraph (3).\n    ``(5) A person (including any State or local governmental entity) \nmay intervene in any proceeding under this subsection for the purpose \nof assisting the Secretary in issuing payments under this \nsubsection.''.\n\nSEC. 4. CONGRESSIONAL APPROVAL REQUIRED FOR ADDITIONS TO ENDANGERED \n              SPECIES LIST.\n\n    (a) Approval Requirement.--Section 4(c) of the Endangered Species \nAct of 1973 (16 U.S.C. 1533(c)) is amended by adding at the end the \nfollowing:\n            ``(3) Congressional approval required.--An addition of a \n        species to the list of threatened or endangered species that is \n        maintained under this subsection shall not be effective before \n        the date of the enactment of an Act of Congress that approves \n        that addition.''.\n    (b) Application.--The amendment made by subsection (a) shall apply \nto additions after the date of the enactment of this Act to the list of \nthreatened or endangered species.\n\nSEC. 5. IMPLEMENTATION.\n\n    (a) Effective Date.--The amendments made by sections 2 and 3 shall \nbe effective January 1, 1986.\n    (b) Review of Prior Listings.--Not later than 1 year after the date \nof the enactment of this Act, the Secretary of the Interior shall--\n            (1) review each addition on or after January 1, 1986, of a \n        species to a list of endangered species or threatened species \n        published under section 4 of the Endangered Species Act of 1973 \n        (16 U.S.C. 1533);\n            (2) prepare with respect to each species so added an \n        economic impact analysis and economic impact statement in \n        accordance with the amendments made by this Act; and\n            (3) publish a list of all designations of critical habitat, \n        regulations, and recovery plans in effect on the date of that \n        publication, the implementation and enforcement of which is \n        prohibited by the amendments made by this Act.\n    (c) Compensation for Losses.--A person may not be paid under \nsection 4(l) of the Endangered Species Act of 1973, as amended by this \nAct, for any loss incurred as a result of a species being added to a \nlist of endangered species or threatened species published under that \nAct during the period beginning January 1, 1986, and ending on the date \nof the enactment of this Act, except for losses incurred as a result of \nthe implementation or enforcement of designations of critical habitat, \nregulations, and recovery plans that are not included in the list \npublished under subsection (b)(3) of this Act.","title":""}
+{"_id":"c91","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Ban Poisonous Additives Act of \n2011''.\n\nSEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A.\n\n    (a) Ban on Use of Bisphenol A in Food and Beverage Containers for \nChildren.--\n            (1) Baby food; unfilled baby bottles and cups.--Section 402 \n        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is \n        amended by adding at the end the following:\n    ``(j)(1) If it is a food intended for children 3 years of age or \nyounger, the container of which (including the lining of such \ncontainer) is composed, in whole or in part, of bisphenol A.\n    ``(2) If it is a baby bottle or cup that is composed, in whole or \nin part, of bisphenol A.''.\n            (2) Definition.--Section 201 of the Federal Food, Drug, and \n        Cosmetic Act (21 U.S.C. 321) is amended by adding at the end \n        the following:\n    ``(rr) Baby Bottle or Cup.--For purposes of section 402(j), the \nterm `baby bottle or cup' means a bottle or cup that--\n            ``(1) is intended to aid in the feeding or providing of \n        drink to children 3 years of age or younger; and\n            ``(2) does not contain a food when such bottle or cup is \n        sold or distributed at retail.''.\n            (3) Effective dates.--\n                    (A) Baby food.--Section 402(j)(1) of the Federal \n                Food, Drug, and Cosmetic Act, as added by paragraph \n                (1), shall take effect 1 year after the date of \n                enactment of this Act.\n                    (B) Unfilled baby bottles and cups.--Section \n                402(j)(2) of the Federal Food, Drug, and Cosmetic Act, \n                as added by paragraph (1), shall take effect 180 days \n                after the date of enactment of this Act.\n    (b) Ban on Use of Bisphenol A in Infant Formula Containers.--\n            (1) In general.--Section 412(a) of the Federal Food, Drug, \n        and Cosmetic Act (21 U.S.C. 350a(a)) is amended--\n                    (A) in paragraph (2), by striking ``, or'' and \n                inserting ``,'';\n                    (B) in paragraph (3), by striking the period at the \n                end and inserting ``, or''; and\n                    (C) by adding at the end the following:\n            ``(4) the container of such infant formula (including the \n        lining of such container and, in the case of infant formula \n        powder, excluding packaging on the outside of the container \n        that does not come into contact with the infant formula powder) \n        is composed, in whole or in part, of bisphenol A.''.\n            (2) Effective date.--The amendments made by paragraph (1) \n        shall take effect 18 months after the date of enactment of this \n        Act.\n    (c) Regulation of Other Containers Composed of Bisphenol A.--\n            (1) Safety assessment of products composed of bpa.--Not \n        later than December 1, 2012, the Secretary of Health and Human \n        Services (referred to in this Act as the ``Secretary'') shall \n        issue a revised safety assessment for food containers composed, \n        in whole or in part, of bisphenol A, taking into consideration \n        different types of such food containers and the use of such \n        food containers with respect to different foods, as \n        appropriate.\n            (2) Safety standard.--Through the safety assessment \n        described in paragraph (1), and taking into consideration the \n        requirements of section 409 of the Federal Food, Drug, and \n        Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 21, \n        Code of Federal Regulations, the Secretary shall determine \n        whether there is a reasonable certainty that no harm will \n        result from aggregate exposure to bisphenol A through food \n        containers or other items composed, in whole or in part, of \n        bisphenol A, taking into consideration potential adverse \n        effects from low dose exposure, and the effects of exposure on \n        vulnerable populations, including pregnant women, infants, \n        children, the elderly, and populations with high exposure to \n        bisphenol A.\n            (3) Application of safety standard to alternatives.--The \n        Secretary shall use the safety standard described under \n        paragraph (2) to evaluate the proposed uses of alternatives to \n        bisphenol A.\n    (d) Savings Provision.--Nothing in this section shall affect the \nright of a State, political subdivision of a State, or Indian Tribe to \nadopt or enforce any regulation, requirement, liability, or standard of \nperformance that is more stringent than a regulation, requirement, \nliability, or standard of performance under this section or that--\n            (1) applies to a product category not described in this \n        section; or\n            (2) requires the provision of a warning of risk, illness, \n        or injury associated with the use of food containers composed, \n        in whole or in part, of bisphenol A.\n    (e) Definition.--For purposes of this section, the term \n``container'' includes the lining of a container.","title":""}
+{"_id":"c92","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Benjamin Franklin True Patriot \nAct''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) Benjamin Franklin stated: ``Those who would give up \n        essential Liberty, to purchase a little temporary Safety, \n        deserve neither Liberty nor Safety.''.\n            (2) The First, Fourth, Fifth, Sixth, Eighth, and Fourteenth \n        Amendments to the United States Constitution were established \n        to protect the civil rights and liberties of all Americans in \n        perpetuity.\n            (3) Federal policies adopted since September 11, 2001, \n        including provisions in the USA PATRIOT Act (Public Law 107-56) \n        and related executive orders, regulations, and actions threaten \n        fundamental rights and liberties, including the First, Fourth, \n        Fifth, Sixth, Eighth, and Fourteenth Amendments to the \n        Constitution by--\n                    (A) authorizing the indefinite incarceration of \n                noncitizens based on mere suspicion, and the indefinite \n                incarceration of citizens designated by the President \n                as ``enemy combatants'' without access to counsel or \n                meaningful recourse to the Federal courts;\n                    (B) limiting the traditional authority of Federal \n                courts to curb law enforcement abuse of electronic \n                surveillance in antiterrorism investigations and \n                ordinary criminal investigations;\n                    (C) expanding the authority of Federal agents to \n                conduct so-called ``sneak and peek'' or ``black bag'' \n                searches, in which the subject of the search warrant is \n                unaware that his or her property has been searched;\n                    (D) granting law enforcement and intelligence \n                agencies broad access to personal medical, financial, \n                library, and education records with little if any \n                judicial oversight;\n                    (E) chilling constitutionally protected speech \n                through overbroad definitions of ``terrorism'';\n                    (F) creating divisions between immigrant \n                communities and the police that protect them by \n                encouraging involvement of State and local police in \n                enforcement of Federal immigration law; and the police \n                that protect them;\n                    (G) permitting the FBI to conduct surveillance of \n                religious services, internet chatrooms, political \n                demonstrations, and other public meetings of any kind \n                without having any evidence that a crime has been or \n                may be committed; and\n                    (H) mandating the closure of certain immigration \n                removal hearings, including denying judges the \n                authority to reject stays of release where bond has \n                been ordered and denying noncitizens the right to a \n                bond hearing.\n            (4) Future legislation, such as legislation drafted \n        entitled the Domestic Security Enhancement Act (DSEA) or \n        PATRIOT II, contains a multitude of new and sweeping law \n        enforcement and intelligence gathering powers many of which are \n        not related to terrorism, and would severely dilute and \n        undermine many basic constitutional rights as well as disturb \n        our unique system of checks and balances by--\n                    (A) diminishing personal privacy by removing \n                important checks on government surveillance authority;\n                    (B) reducing the accountability of government to \n                the public by increasing government secrecy;\n                    (C) expanding the definition of ``terrorism'' in a \n                manner that threatens the constitutionally protected \n                rights of Americans; and\n                    (D) seriously eroding the right of all persons to \n                due process of law.\n            (5) The above new and unprecedented powers pose threats to \n        all Americans and particularly to the civil rights and \n        liberties of the residents of our Nation who are Arab, Muslim, \n        or of South Asian descent.\n\nSEC. 3. NINETY-DAY REVIEW PERIOD.\n\n    Each provision of law, regulation, or other policy directive listed \nin sections 4 through 10, and any amendments made by that provision, \nshall cease to have effect 90 days after the date of the enactment of \nthis Act. During this 90-day period, the Congress may, at the request \nof the President, hold hearings to determine whether a particular \nsection should be removed from the list in section 4.\n\nSEC. 4. PROVISIONS IN THE USA PATRIOT ACT.\n\n    The provisions in the USA PATRIOT Act (Public Law 107-56) to which \nsection 3 applies are:\n            (1) Section 213, relating to ``sneak and peak searches''.\n            (2) Section 214, relating to the use of pen registers for \n        foreign intelligence purposes.\n            (3) Section 215, relating to the obtaining by the \n        Government of certain business records.\n            (4) Section 216, relating to the use of pen registers in \n        criminal cases.\n            (5) Section 218, relating to the Foreign Intelligence \n        Surveillance Act.\n            (6) Section 411, relating to new grounds for deportation.\n            (7) Section 412, relating to mandatory detention of certain \n        aliens.\n            (8) Section 505, relating to national security letters.\n            (9) Section 507, relating to educational records.\n            (10) Section 508, relating to collection and disclosure of \n        individually identifiable information under the National \n        Education Statistics Act of 1994.\n            (11) Section 802, relating to the definition of domestic \n        terrorism.\n\nSEC. 5. PROVISIONS OF AVIATION SECURITY ACT EXCLUDING PERMANENT \n              RESIDENT ALIENS FROM BEING BAGGAGE CHECKERS.\n\n    Section 3 also applies to section 44935(e)(2)(A)(ii) of title 49, \nUnited States Code.\n\nSEC. 6. HOMELAND SECURITY ACT OF 2002 PROVISIONS.\n\n    Section 3 also applies to the following provisions of the Homeland \nSecurity Act of 2002:\n            (1) Section 214, relating to an exemption from the Freedom \n        of Information Act.\n            (2) Section 871, relating to an exemption from the Federal \n        Advisory Committee Act.\n\nSEC. 7. IMMIGRATION REGULATIONS PROVISIONS.\n\n    Section 3 also applies to the following provisions of regulations:\n            (1) The regulation found at 66 Federal Register 48334-35 \n        (September 20, 2001) relating to time held without charges.\n            (2) The regulation found at 66 Federal Register 54909-12 \n        (October 31, 2001) relating to automatic stays for the \n        Government in immigration hearings.\n            (3) The so-called ``Creppy memo'' that mandates closed \n        immigration hearings in certain cases, and 67 Federal Register \n        54878 (August 26, 2002) relating to restructuring appeals.\n            (4) Any legal opinion or regulation that increases the \n        powers of the Attorney General to authorize State or local law \n        enforcement officers to exercise Federal immigration \n        enforcement beyond those given in 8 CFR Part 2 or 28 CFR Part \n        65.\n            (5) The regulation found at 67 Federal Register 52584 \n        (August 12, 2002), relating to registration and monitoring of \n        certain aliens, and all notices published pursuant to that \n        regulation.\n\nSEC. 8. ATTORNEY-CLIENT MONITORING.\n\n    Section 3 also applies to the regulation found at 66 Federal \nRegister 55063, relating to monitoring conversations between attorneys \nand clients.\n\nSEC. 9. SECRECY ORDERS.\n\n    Section 3 also applies to the memorandum of Attorney General \nAshcroft dated October 12, 2001 and relating to the disclosure of \ndocuments under the Freedom of Information Act.\n\nSEC. 10. THORNBURG GUIDELINES ON RELIGIOUS INSTITUTION SPYING.\n\n    Section 3 also applies to any regulations having the effect of \nchanging the effect of the Attorney General's Guidelines on General \nCrimes, Racketeering Enterprise and Domestic Security\/Terrorism \nInvestigations approved by Attorney General Dick Thornburg for the \nDepartment of Justice on March 21, 1989.","title":""}
+{"_id":"c93","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Berta Caceres Human Rights in \nHonduras Act''.\n\nSEC. 2. FINDINGS.\n\n    Congress finds the following:\n            (1) The Honduran police are widely established to be deeply \n        corrupt and commit human rights abuses, including torture, \n        rape, illegal detention, and murder, with impunity.\n            (2) The New York Times revealed documents on April 15, \n        2016, indicating that top officials of the Honduran police \n        ordered the killings of drug-crime investigators Julian \n        Aristides Gonzales and Alfredo Landaverde in 2009 and 2011, \n        respectively, with the subsequent knowledge of top police and, \n        evidently, high-ranking government officials. The Times \n        suggested in a subsequent article that the revelations were \n        being manipulated by the President of Honduras for his own \n        corrupt purposes.\n            (3) Individuals in the police with documented records of \n        having committed gross human abuses with impunity continue to \n        be appointed to high positions within the police.\n            (4) International human rights bodies have reported that \n        the Honduran military and police commit human rights abuses, \n        including killings, with impunity. The Associated Press has \n        documented death squad activity by police. Human Rights Watch \n        reports: ``The use of lethal force by the national police is a \n        chronic problem. Investigations into the police abuses are \n        marred by inefficiency and corruption, little information about \n        them is made public; and impunity is the rule.''.\n            (5) The Department of State's Honduran Human Rights Report \n        for 2016 reports: ``Impunity remains a serious problem, with \n        prosecution in cases of military and police officials charged \n        with human rights violations moving too slowly or remaining \n        inconclusive.''.\n            (6) Repeated efforts to clean up the Honduran police have \n        largely failed. A recent commission to clean up the police \n        reports that it has separated a number of police. However, to \n        date there has been minimal and only token progress in \n        effectively prosecuting members of the police involved in \n        corruption and human rights abuses, and the reported \n        separations have not been independently verified. Moreover, \n        long-lasting, fundamental reform of the police still needs to \n        be enacted.\n            (7) Rights Action documented the Fifteenth Battalion of the \n        Honduran Armed Forces allegedly participated with police and \n        private security forces in some of the killings of over 100 \n        small-farmer activists in the Aguan Valley beginning in 2000. \n        In 2015, Human Rights Watch confirmed that the killings of \n        Aguan farmers were met with no consequences. To date there has \n        been one confirmed conviction of a private actor. \n        Assassinations of key activists continue. In October 2016, Jose \n        Angel Flores, the president of the Unified Campesino Movement \n        of the Aguan (MUCA), and Silmer Dionisio George, another MUCA \n        member, were assassinated.\n            (8) Further examples abound of human rights abuses by the \n        military: in July 2013 members of the Armed Forces shot and \n        killed Tomas Garcia, a Lenca Indigenous activist, and injured \n        his son while they were peacefully protesting a dam project; in \n        May 2014, nine members of the Ninth Infantry reportedly \n        tortured and killed Amado Maradiaga Quiroz and tortured his \n        son, Milton Noe Maradiaga Varela. The cases remain unresolved. \n        In a recent emblematic case, on December 27, 2015, the Honduran \n        Navy reportedly killed Joel Palacios Lino and Elvis Armando \n        Garcia, two Garifuna Afro-Indigenous men who were engaged in \n        digging a car out of the sand on a beach. The case remains in \n        impunity over a year later.\n            (9) The current Government of Honduras has expanded the \n        military's reach into domestic policing, including the creation \n        of a 3,000-member Military Police in clear violation of the \n        Honduran constitution and with disastrous results, including \n        the killings of a 15-year-old boy, Ebed Yanes, in 2012 and a \n        student, Erlin Misael Carias Moncada, in 2014, after they had \n        passed unarmed through checkpoints, and the January 2, 2017, \n        killing of 17-year-old Edgardo Moreno Rodriquez. Since the \n        creation of the Military Police ``allegations of human rights \n        abuses by the military have increased notably'', reports Human \n        Rights Watch. In 2016 the creation of two new battalions of the \n        Military Police was announced.\n            (10) The Honduran judicial system has been widely \n        documented to be rife with corruption. Judges, prosecutors and \n        other officials are interconnected with organized crime and \n        drug traffickers, contributing to near-complete immunity.\n            (11) The Department of State in its 2015 Human Rights \n        Report for Honduras reports ``corruption, intimidation, and \n        institutional weakness of the justice system leading to \n        widespread impunity.''.\n            (12) Summarizing the situation, Human Rights Watch reports \n        in 2016 that ``Rampant crime and impunity for human rights \n        abuses remain the norm in Honduras . . . Efforts to reform the \n        institutions responsible for providing public security have \n        made little progress. Marred by corruption and abuse, the \n        judiciary and police remain largely ineffective.''.\n            (13) The March 2, 2016, assassination of prominent Lenca \n        Indigenous and environmental activist Berta Caceres, world-\n        renowned recipient of the 2015 Goldman Environmental Prize for \n        her work defending Indigenous land rights against a \n        hydroelectric dam project, illustrates the human rights crisis \n        in Honduras, and the deep complicity of the Honduran \n        government. Caceres, the leader of COPINH, the Council of \n        Indigenous and Popular Organizations of Honduras, had reported \n        to authorities 33 threats previous to her killing, but none had \n        been investigated, and the government had failed to provide \n        adequate protection measures as mandated by the Inter-American \n        Commission on Human Rights, with protection by Honduran \n        security being withdrawn the day of her death.\n            (14) As of February 2017, eight suspects, four of whom have \n        ties to the Honduran military, have been arrested in the \n        killing of Caceres, one of whom is a current officer in the \n        military and three others are former military. These arrests \n        raise serious questions about the role of the Honduran military \n        in her assassination, including the chain of command within the \n        military as well as the identity of the true authors of the \n        assassination.\n            (15) The Government of Honduras continues to unduly limit \n        legally mandated access by Ms. Caceres' family to the case \n        file. In late September 2016, the original case file was \n        allowed to leave the Public Ministry and was stolen.\n            (16) Despite calls from 62 Members of Congress, members of \n        the family of Berta Caceres, COPINH, leaders of the European \n        Union, the Vatican Pontifical Council on Peace and Justice, and \n        many others, the Honduran government has not permitted the \n        Inter-American Commission on Human rights to conduct an \n        independent investigation of the case.\n            (17) In this context of corruption and human rights abuses, \n        trade unionists, journalists, lawyers, Afro-Indigenous \n        activists, Indigenous activists, small-farmer activists, LGBTI \n        activists, human rights defenders, and critics of the \n        government remain at severe risk; and previous human rights \n        abuses against them remain largely unpunished.\n            (18) The May 2, 2016, shooting of prominent opposition \n        journalist Felix Molina illustrates the continued risk facing \n        activists. Hours before he was shot, Molina had posted \n        information potentially linking Caceres's killing to a top \n        government official, members of an elite family, and one of the \n        prosecutors in the case.\n            (19) The Consolidated Appropriations Act, 2016 allocated \n        approximately $18,000,000 to the Honduran police and military, \n        in addition to the National Defense Authorization Act for \n        Fiscal Year 2016 authorizing additional funding. The \n        Administration's funding request for fiscal year 2017 also \n        calls for an increase in security funding for Honduras.\n            (20) The Inter-American Development Bank in 2012 lent \n        $59,800,000 to the Honduran police, with United States \n        approval.\n\nSEC. 3. SUSPENSION AND RESTRICTIONS OF SECURITY ASSISTANCE EXTENDED TO \n              REPUBLIC OF HONDURAS UNLESS CERTAIN CONDITIONS HAVE BEEN \n              MET.\n\n    (a) Suspension of Security Assistance.--No funds may be made \navailable to provide assistance for the police or military of the \nRepublic of Honduras, including assistance for equipment and training.\n    (b) Loans From Multilateral Development Banks.--The Secretary of \nthe Treasury shall instruct United States representatives at \nmultilateral development banks to vote no on any loans for the police \nor military of the Republic of Honduras.\n\nSEC. 4. CONDITIONS FOR LIFTING SUSPENSIONS AND RESTRICTIONS.\n\n    The provisions of this Act shall terminate on the date on which the \nSecretary of State determines and certifies to the Committee on Foreign \nAffairs of the House of Representatives and the Committee on Foreign \nRelations of the Senate that the Government of Honduras has--\n            (1) pursued all legal avenues to bring to trial and obtain \n        a verdict of those who ordered and carried out--\n                    (A) the March 2, 2016, murder of Berta Caceres;\n                    (B) the killings of over 100 small-farmer activists \n                in the Aguan Valley;\n                    (C) the December 27, 2015, killings of Joel \n                Palacios Lino and Elvis Armando Garcia; and\n                    (D) the May 3, 2016, armed attack on Felix Molina;\n            (2) investigated and successfully prosecuted members of \n        military and police forces who are credibly found to have \n        violated human rights, and ensured that the military and police \n        cooperated in such cases, and that such violations have ceased;\n            (3) withdrawn the military from domestic policing, in \n        accordance with the Honduran Constitution, and ensured that all \n        domestic police functions are separated from the command and \n        control of the Armed Forces of Honduras and are instead \n        directly responsible to civilian authority;\n            (4) established that it protects effectively the rights of \n        trade unionists, journalists, human rights defenders, \n        Indigenous, Afro-Indigenous, small-farmer, and LGBTI activists, \n        critics of the government, and other civil society activists to \n        operate without interference; and\n            (5) taken effective steps to fully establish the rule of a \n        law and to guarantee a judicial system that is capable of \n        investigating, prosecuting, and bringing to justice members of \n        the police and military who have committed human rights abuses.","title":""}
+{"_id":"c94","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Bias Crimes Compensation Act of \n1993''.\n\nSEC. 2. CIVIL RIGHTS.\n\n    (a) Findings.--The Congress finds that--\n            (1) bias-motivated crimes of violence constitute crimes in \n        violation of the victim's right to be free from discrimination \n        on the basis of actual or perceived race, color, gender, \n        religion, national origin, ethnicity, sexual orientation, or \n        physical or mental disability;\n            (2) State and Federal criminal laws do not adequately \n        protect against the bias element of bias-motivated crimes of \n        violence, which separates these crimes from acts of random \n        violence, nor do those laws adequately provide victims of bias-\n        motivated crimes of violence the opportunity to vindicate their \n        interests;\n            (3) existing bias and discrimination in the criminal \n        justice system often deprive victims of bias-motivated crimes \n        of violence of equal protection of the laws and the redress to \n        which they are entitled;\n            (4) bias-motivated crimes of violence have a substantial \n        adverse effect on interstate commerce, by deterring potential \n        victims from traveling interstate, from engaging in employment \n        in interstate business, and from transacting with business, and \n        in places involved, in interstate commerce;\n            (5) bias-motivated crimes of violence have a substantial \n        adverse effect on interstate commerce, by diminishing national \n        productivity, increasing medical and other costs, and \n        decreasing the supply of and the demand for interstate \n        products;\n            (6) a Federal civil rights claim, as created in this \n        section, is necessary to guarantee equal protection of the laws \n        and to reduce the substantial adverse effects of bias-motivated \n        crimes of violence on interstate commerce; and\n            (7) victims of bias-motivated crimes of violence have a \n        right to equal protection of the laws, including a system of \n        justice that is unaffected by bias or discrimination and that, \n        at every relevant stage, treats such crimes as seriously as \n        other violent crimes.\n    (b) Right.--All individuals within the United States, and the \nspecial maritime and territorial jurisdiction of the United States, \nshall have the right to be free from bias-motivated crimes of violence.\n    (c) Claim.--Any person, including a person who acts under color of \nany statute, ordinance, regulation, custom, or usage of any State, who \ndeprives an individual of the right secured by subsection (b) shall be \nliable to the individual injured, in a civil action in any court of \ncompetent jurisdiction, for compensatory damages of not less than \n$100,000, punitive damages, injunctive relief, declaratory relief, or \nany combination thereof.\n    (d) Limitation, Procedure, and Rule of Construction.--\n            (1) Limitation.--Nothing in this section entitles an \n        individual to a claim under subsection (c) for random acts of \n        violence unrelated to bias or for acts that cannot be \n        demonstrated, by a preponderance of the evidence, to be bias-\n        motivated crimes of violence.\n            (2) No prior criminal action.--Nothing in this section \n        requires a prior criminal complaint, prosecution, or conviction \n        to establish the necessary elements of a claim under subsection \n        (c).\n            (3) Concurrent jurisdiction.--The Federal and State courts \n        shall have concurrent jurisdiction over actions brought \n        pursuant to this section.\n            (4) Rule of construction.--Neither section 1367 of title 28 \n        of the United States Code nor subsection (c) of this section \n        shall be construed, by reason of a claim arising under such \n        subsection, to confer on the courts of the United States \n        supplemental jurisdiction of any State law claim seeking the \n        establishment of a divorce, alimony, equitable distribution of \n        marital property, or child custody decree.\n    (e) Definitions.--For purposes of this section--\n            (1) the term ``bias-motivated'' means committed because of, \n        on the basis of, and due to (at least in part) an animus based \n        on, actual or perceived race, color, gender, religion, national \n        origin, ethnicity, sexual orientation, or physical or mental \n        disability of the victim;\n            (2) the term ``crime of violence'' means--\n                    (A) an act or series of acts that would constitute \n                State or Federal offense of a kind described in section \n                16 of title 18, United States Code, and punishable by a \n                maximum term of imprisonment exceeding one year, but \n                excludes an offense against property that presents no \n                serious risk of physical or mental disability injury to \n                an individual; or\n                    (B) one or more actions that would constitute such \n                offense but for the relationship between the person who \n                takes such actions and the individual against whom such \n                actions are taken;\n        whether or not such offense or such actions result in criminal \n        charges, prosecution, or conviction and whether or not such \n        actions were taken within the United States or the special \n        maritime and territorial jurisdiction of the United States;\n            (3) the term ``disability'' has the meaning given it in \n        section 3(2) of the Americans With Disabilities Act of 1990 (42 \n        U.S.C. 12102(2)); and\n            (4) the term ``special maritime and territorial \n        jurisdiction of the United States'' has the meaning given such \n        term in section 7 of title 18, United States Code.\n    (f) Limitation on Removal.--Section 1445 of title 28, United States \nCode, is amended by adding at the end the following:\n    ``(d) A civil action in any State court arising under section 2 of \nthe Bias Crimes Compensation Act of 1993 may not be removed to any \ndistrict court of the United States.''.\n    (g) Authority To Award Attorney's Fee.--Section 722(b) of the \nRevised Statutes of the United States (42 U.S.C. 1988(b)) is amended by \ninserting ``section 2 of the Bias Crimes Compensation Act of 1993,'' \nafter ``Public Law 92-318,''.","title":""}
+{"_id":"c95","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Bioterror and Pandemic Preparedness \nProtection Act''.\n\nSEC. 2. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND \n              COUNTERMEASURES.\n\n    Part B of title III of the Public Health Service Act is amended by \ninserting after section 319F-2 (42 U.S.C. 247d-6b) the following:\n\n``SEC. 319A-3. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND \n              SECURITY COUNTERMEASURES.\n\n    ``(a) Authority.--The Secretary shall be solely and exclusively \nresponsible for the administration of this section. This section shall \napply with respect to the design, development, clinical testing and \ninvestigation, manufacture, labeling, distribution, sale, purchase, \ndonation, dispensing, administration, or use of a security \ncountermeasure or a qualified pandemic or epidemic product.\n    ``(b) Litigation Management.--\n            ``(1) Federal cause of action.--\n                    ``(A) In general.--There shall exist an exclusive \n                Federal cause of action for all claims arising out of, \n                relating to, or resulting from the design, development, \n                clinical testing and investigation, manufacture, \n                labeling, distribution, sale, purchase, donation, \n                dispensing, administration, and use of a qualified \n                pandemic or epidemic product or a security \n                countermeasure as provided for in clauses (i) and (ii) \n                of paragraph (2)(B).\n                    ``(B) Action.--With respect to the Federal cause of \n                action provided in subparagraph (A)--\n                            ``(i) an action may be commenced solely and \n                        exclusively against the United States for \n                        claims identified in subparagraph (A) that are \n                        against a manufacturer, distributor, or health \n                        care provider;\n                            ``(ii) no cause of action shall be \n                        maintained against a manufacturer, distributor, \n                        or health care provider for claims identified \n                        in subparagraph (A); and\n                            ``(iii) for products subject to designation \n                        by the Secretary as provided for in clause (ii) \n                        of paragraph (2)(B), the protections set forth \n                        in clauses (i) and (ii) shall apply to all \n                        claims identified in subparagraph (A) that \n                        involve products sold, purchased, donated, \n                        dispensed, or administered during the effective \n                        period set forth in the designation provided \n                        for in paragraph (2)(F), regardless of the date \n                        of alleged injury.\n                    ``(C) Jurisdiction.--The United States District \n                Court for the District of Columbia shall have sole and \n                exclusive jurisdiction over any claim for loss of \n                property, personal injury, or death arising out of, \n                relating to, or resulting from the design, development, \n                clinical testing and investigation, manufacture, \n                labeling, distribution, sale, purchase, donation, \n                dispensing, administration, or use of a qualified \n                pandemic or epidemic product or security countermeasure \n                as provided for in clauses (i) and (ii) of paragraph \n                (2)(B).\n            ``(2) Affirmative defense.--\n                    ``(A) In general.--There shall be a rebuttable \n                presumption that the Federal Government is immune from \n                liability in an action described in subparagraph (B).\n                    ``(B) Action described.--An action described in \n                this subparagraph is an action that is commenced \n                against the United States for claims arising out of, \n                relating to, or resulting from the design, development, \n                clinical testing and investigation, manufacture, \n                labeling, distribution, sale, purchase, donation, \n                dispensing, administration, or use of--\n                            ``(i) a security countermeasure that has \n                        been procured for the National Strategic \n                        Stockpile under section 319F-2 or a qualified \n                        pandemic or epidemic product that has been \n                        procured by the Secretary; or\n                            ``(ii) a security countermeasure or \n                        qualified pandemic or epidemic product in \n                        anticipation of and preparation for, in defense \n                        against, or in response or recovery to an \n                        actual or potential public health emergency, \n                        that is a security countermeasure or is \n                        designated as a qualified pandemic or epidemic \n                        product by the Secretary after the Secretary \n                        declared a public health emergency as described \n                        in paragraph (1) or (2) of section 319(a).\n                    ``(C) Rebuttability.--\n                            ``(i) In general.--The presumption \n                        described in subparagraph (A) shall be overcome \n                        by a determination by the Secretary as provided \n                        for in subparagraph (D).\n                            ``(ii) Investigation by secretary.--A party \n                        seeking a determination under subparagraph (D) \n                        may petition the Secretary to investigate \n                        claims against a manufacturer, distributor, \n                        dispenser, or health care provider arising out \n                        of, relating to, or resulting from the design, \n                        development, clinical testing and \n                        investigation, manufacture, labeling, \n                        distribution, sale, purchase, donation, \n                        dispensing, administration, or use of products \n                        as provided for in clauses (i) and (ii) of \n                        subparagraph (B). The decision to undertake \n                        such investigation shall be within the \n                        Secretary's discretion and shall not be subject \n                        to judicial review.\n                    ``(D) Determination by secretary.--\n                            ``(i) In general.--In making a \n                        determination under this subparagraph, the \n                        Secretary must find clear and convincing \n                        evidence that the manufacturer, distributor, or \n                        health care provider intentionally or with \n                        willful disregard violated a provision of the \n                        Federal Food, Drug, and Cosmetic Act (21 U.S.C. \n                        301 et seq.) or this Act and such violation--\n                                    ``(I) caused the product to present \n                                a significant risk to health; and\n                                    ``(II) proximately caused the \n                                injury alleged by the petitioner.\n                            ``(ii) Notice and hearing.--Prior to the \n                        Secretary's making a determination under clause \n                        (i), the manufacturer, distributor, dispenser, \n                        or health care provider shall have notice and a \n                        right to a formal hearing in accordance with \n                        section 556 of title 5, United States Code.\n                            ``(iii) Judicial review.--At any time prior \n                        to the 90th day following a determination by \n                        the Secretary under clause (i) of this \n                        subparagraph, any manufacturer, distributor, or \n                        health care provider who will be adversely \n                        affected by such determination may file a \n                        petition with the United States Court of \n                        Appeals for the circuit wherein such person \n                        resides or has his principal place of business, \n                        for a judicial review of such determination. A \n                        copy of the petition shall be forthwith \n                        transmitted by the clerk of the court to the \n                        Secretary or other officer designated by the \n                        Secretary for that purpose. The Secretary \n                        thereupon shall file in the court the record of \n                        the findings on which the Secretary based his \n                        or her determination. The filing of a petition \n                        under this clause shall automatically stay the \n                        Secretary's determination for the duration of \n                        the judicial proceeding. The sole parties to \n                        the judicial proceeding shall be the Secretary \n                        and the petitioner. Intervention by third \n                        parties in the judicial proceeding shall not be \n                        permitted. No subpoenas shall be issued nor \n                        shall other compulsory process apply. The \n                        court's review of a determination by the \n                        Secretary under this clause shall conform to \n                        the procedures for judicial review of \n                        administrative orders set forth in paragraphs \n                        (2) through (6) of section 371(f) of title 21, \n                        United States Code, to the extent consistent \n                        with this section.\n                    ``(E) Scope.--The presumption under subparagraph \n                (A) shall apply regardless of whether the claim against \n                the United States arises from the design, development, \n                clinical testing and investigation, manufacture, \n                labeling, distribution, sale, purchase, donation, \n                dispensing, administration, or use by the Federal \n                Government or by non-Federal Government customers.\n                    ``(F) Designation.--In any declaration of a public \n                health emergency under section 319, the Secretary shall \n                identify the pandemic, epidemic, or biological, \n                chemical, nuclear agent, or toxin that presents, or may \n                present, a public health emergency and shall designate \n                the security countermeasure(s) or qualified pandemic or \n                epidemic product(s) to be sold by, purchased from, or \n                donated by a manufacturer or drawn from the National \n                Strategic Stockpile and shall specify in such \n                designation the beginning and ending dates of such \n                sale, purchase, donation, or use from the stockpile. \n                The period so defined shall be the effective period of \n                such qualification for any products specified in the \n                designation. The declaration shall subsequently be \n                amended to reflect any additional sale, purchase, or \n                donation of products specified in the designation.\n    ``(c) Definitions.--In this section:\n            ``(1) Health care provider.--The term `health care \n        provider' means a person, including a volunteer, who lawfully \n        prescribes, administers, dispenses, or provides a facility to \n        administer a security countermeasure or a qualified pandemic or \n        epidemic product, including persons who prescribe, administer, \n        or provide a facility to administer in accordance with a \n        designation under subsection (b)(2)(F).\n            ``(2) Loss.--The term `loss' means death, bodily injury, or \n        loss of or damage to property, including business interruption \n        loss.\n            ``(3) Non-federal government customers.--The term `non-\n        Federal Government customers' means any customer of a \n        manufacturer that is not an agency or instrumentality for the \n        United States Government with authority under Public Law 85-804 \n        to provide for indemnification under certain circumstances for \n        third-party claims against its contractors, including a State, \n        a local authority, a private entity, a health care provider, or \n        an individual.\n            ``(4) Qualified pandemic or epidemic product.--The term \n        `qualified pandemic or epidemic product' means a drug (as such \n        term is defined in section 201(g)(1) of the Federal Food, Drug, \n        and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as \n        such term is defined by section 351(i) of this Act) or device \n        (as such term is defined by section 201(h) of the Federal food, \n        Drug and Cosmetic Act (21 U.S.C. 321(h))) designed, developed, \n        modified, or procured to diagnose, mitigate, prevent, treat, or \n        cure a pandemic or epidemic or limit the harm such pandemic or \n        epidemic might otherwise cause or a serious or life-threatening \n        disease or condition caused by such a product, that--\n                    ``(A) is approved or cleared under chapter V of the \n                Federal Food, Drug, and Cosmetic Act or licensed under \n                section 351 of this Act;\n                    ``(B) is a product for which the Secretary \n                determines that sufficient and satisfactory clinical \n                experience or research data (including data, if \n                available, from pre-clinical and clinical trials) \n                support a reasonable conclusion that the countermeasure \n                will qualify for approval or licensing within 8 years \n                after the date the Secretary declares a public health \n                emergency as described in paragraph (1) or (2) of \n                section 319(a); or\n                    ``(C) is authorized by the Secretary under this \n                section, except that the Secretary may authorize under \n                this section the emergency use of a product only if, \n                after consultation with the Director of the National \n                Institutes of Health and the Director of the Centers \n                for Disease Control and Prevention (to the extent \n                feasible and appropriate given the circumstances of the \n                emergency involved), the Secretary concludes--\n                            ``(i) that an agent or toxin identified in \n                        a declaration described under subsection (b) \n                        can cause a serious or life-threatening disease \n                        or condition;\n                            ``(ii) that, based on the totality of the \n                        scientific evidence available to the Secretary, \n                        including data from adequate and well-\n                        controlled clinical trials, if available, it is \n                        reasonable to believe that--\n                                    ``(I) the product may be effective \n                                in diagnosing, mitigating, preventing, \n                                treating or curing--\n                                            ``(aa) a pandemic or \n                                        epidemic; or\n                                            ``(bb) a serious or life-\n                                        threatening disease or \n                                        condition caused by a product; \n                                        and\n                                    ``(II) the known and potential \n                                benefits of the product, when used to \n                                diagnose, mitigate, prevent, treat or \n                                cure such disease or condition, \n                                outweigh the known and potential risks \n                                of the product;\n                            ``(iii) that there is no adequate, \n                        approved, and available alternative to the \n                        product for diagnosing, mitigating, preventing, \n                        treating or curing such disease or condition; \n                        and\n                            ``(iv) that such other criteria as the \n                        Secretary may by regulation prescribe are \n                        satisfied.\n            ``(5) Security countermeasure.--The term `security \n        countermeasure' has the meaning given such term in section \n        319F-2(c)(1)(B).''.\n\nSEC. 3. TECHNICAL AMENDMENT.\n\n    Section 319(a)(1) of the Public Health Service Act (42 U.S.C. 247d \n(a)(1)) is amended by inserting ``, or may present,'' after \n``present''.","title":""}
+{"_id":"c96","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Bisti PRLA Dispute Resolution Act''.\n\nSEC. 2. WITHDRAWAL OF COAL PREFERENCE RIGHT LEASE APPLICATIONS.\n\n    (a) In General.--Notwithstanding any other provision of law, if any \nof the coal preference right lease applications captioned NMNM 3752, \nNMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, NMNM \n3919, NMNM 6802, NMNM 7235 and NMNM 8745 are withdrawn by the holder or \nholders of the applications, the Secretary of the Interior, acting \nthrough the Bureau of Land Management (referred to in this Act as the \n``Secretary''), shall issue under section 4(a)(2) to each such holder \nor holders a certificate of bidding rights (in such form and manner as \nprovided for under regulations promulgated by the Secretary under the \nMineral Leasing Act (30 U.S.C. 181 et seq.)) that constitutes the \ncombined fair market value, as determined under section 3, of the coal \nreserves for each coal preference right lease application withdrawn by \nthe holder.\n    (b) Relinquishment.--The relinquishment of all rights associated \nwith the coal preference lease applications withdrawn shall be \neffective on the date of the issuance of the certificate of bidding \nrights under section 4(a)(2).\n    (c) No Adjudication.--The withdrawals and issuances required under \nsubsection (a) shall occur without any further adjudication of coal \npreference right lease applications by the Secretary.\n\nSEC. 3. METHOD FOR DETERMINING FAIR MARKET VALUE.\n\n    (a) In General.--Notwithstanding any other provision of law, this \nsection shall apply to the issuance of a certificate of bidding rights \nunder section 4(a)(2).\n    (b) Value of Coal Reserves.--\n            (1) In general.--The fair market value of the coal reserves \n        of any coal preference right lease application withdrawn under \n        section 2(a) shall be determined by the panel established under \n        paragraph (2).\n            (2) Panel.--\n                    (A) Establishment.--Not later than 30 days after \n                the date of enactment of this Act, the Secretary shall \n                establish a panel to determine the fair market value of \n                the coal reserves of any coal preference right lease \n                applications withdrawn under section 2(a).\n                    (B) Membership.--The panel shall be composed of 3 \n                representatives, of whom--\n                            (i) 1 representative shall be appointed by \n                        the Secretary;\n                            (ii) 1 representative shall be appointed by \n                        the holder of the preference right lease \n                        application; and\n                            (iii) 1 representative shall be appointed \n                        by the Governor of the State of New Mexico.\n            (3) Mineral appraiser.--The Secretary shall contract with a \n        qualified coal reserve appraiser to assist the panel \n        established under paragraph (2)(A) in determining the fair \n        market value of a coal reserve.\n            (4) Supplemental information.--In determining the fair \n        market value of a coal reserve, the panel may supplement any \n        information provided to the panel, as the panel determines to \n        be appropriate.\n            (5) Determination.--Not later than 75 days after the date \n        on which the panel is established under paragraph (2)(A), the \n        panel shall submit to the Secretary the determination of the \n        panel with respect to the fair market value of a coal reserve \n        of any coal preference right lease application withdrawn by the \n        holder.\n\nSEC. 4. ISSUANCE OF PATENTS TO RELINQUISHED PREFERENCE RIGHT LEASE \n              APPLICATIONS.\n\n    (a) In General.--Notwithstanding any other provision of law, not \nlater than 120 days after the withdrawal of a coal preference right \nlease application, the Secretary shall--\n            (1) issue to the Navajo Nation patents to the land, \n        including the mineral estate, subject to the coal preference \n        right lease application withdrawn--\n                    (A) in full and final satisfaction of the right of \n                the Navajo Nation to select land in New Mexico under \n                section 11 of the Navajo-Hopi Land Settlement Act of \n                1974 (25 U.S.C. 640d-10); and\n                    (B) to facilitate land consolidation and facilitate \n                mineral development in northwest New Mexico; and\n            (2) issue a certificate of bidding rights in the amount of \n        the fair market value determined under section 3.\n    (b) Enforcement.--The duties of the Secretary under this section \nshall be considered nondiscretionary and enforceable in a mandamus \nproceeding brought under section 1361 of title 28, United States Code.\n\nSEC. 5. USE OF EXCHANGE BIDDING RIGHTS.\n\n    (a) In General.--Notwithstanding any other provision of law--\n            (1) a certificate of bidding rights issued under section \n        4(a)(2) shall--\n                    (A) be subject to such procedures as the Secretary \n                may establish pertaining to notice of transfer and \n                accountings of holders and their balances;\n                    (B) be transferable by the holder or holders of the \n                certificate of bidding rights in whole or in part; and\n                    (C) constitute a monetary credit that, subject to \n                paragraph (2), may be applied, at the election of the \n                holder or holders of the certificate of bidding rights, \n                against--\n                            (i) rentals, advance royalties, or \n                        production royalties payable to the Secretary \n                        under Federal coal leases; and\n                            (ii) bonus payments payable to the \n                        Secretary in the issuance of a Federal coal \n                        lease or Federal coal lease modification under \n                        the coal leasing provisions of the Mineral \n                        Leasing Act (30 U.S.C. 181 et seq.); and\n            (2) in a case in which a certificate of bidding rights \n        issued under section 4(a)(2) is applied by the holder or \n        holders of the certificate of bidding rights as a monetary \n        credit against a payment obligation under a Federal coal lease, \n        the holder or holders--\n                    (A) may apply the bidding rights only against 50 \n                percent of the amount payable under the lease; and\n                    (B) shall pay the remaining 50 percent as provided \n                for under the lease in cash or cash equivalent.\n    (b) Payment Under Lease Obligations.--Any payment of a Federal coal \nlease obligation by the holder or holders of a certificate of bidding \nrights issued under section 4(a)(2)--\n            (1) shall be treated as money received under section 35 of \n        the Mineral Leasing Act (30 U.S.C. 191); but\n            (2) shall be credited and redistributed by the Secretary \n        only as follows:\n                    (A) 50 percent of the amount paid in cash or its \n                equivalent shall be--\n                            (i) distributed to the State in which the \n                        lease is located; and\n                            (ii) treated as a redistribution under \n                        section 35 of the Mineral Leasing Act (30 \n                        U.S.C. 191).\n                    (B) 50 percent of the amount paid through a \n                crediting of the bidding rights involved shall be \n                treated as a payment that is subject to redistribution \n                under that section to the Reclamation and Miscellaneous \n                Receipts accounts in the Treasury.","title":""}
+{"_id":"c97","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Bond Transparency Act of 2014''.\n\nSEC. 2. MARKUP DISCLOSURE IN RISKLESS PRINCIPAL TRANSACTIONS IN \n              MUNICIPAL SECURITIES.\n\n    Section 15B of the Securities Exchange Act of 1934 (15 U.S.C. 78o-\n4) is amended--\n            (1) by redesignating subsection (e) as subsection (f); and\n            (2) by inserting after subsection (d) the following:\n    ``(e) Markup Disclosure in Riskless Principal Transactions.--\n            ``(1) Definition.--In this subsection, the term `riskless \n        principal transaction' means--\n                    ``(A) a transaction in which a broker, dealer, or \n                municipal securities dealer receives a customer order \n                to buy or sell any municipal securities and, after \n                receiving the customer order, buys the municipal \n                securities from, or sells the municipal securities to, \n                another person, while acting as principal for its own \n                account, to complete the customer order; and\n                    ``(B) any other transaction the Commission \n                identifies by rule as a riskless principal transaction.\n            ``(2) Disclosure required.--A broker, dealer, or municipal \n        securities dealer that effects a riskless principal transaction \n        shall disclose to the customer, in writing, at or before the \n        time of completion of the transaction, the amount of the \n        difference between--\n                    ``(A) the customer's purchase price and the \n                broker's, dealer's or municipal securities dealer's \n                purchase price; or\n                    ``(B) the customer's sale price and the broker's, \n                dealer's, or municipal securities dealer's sale \n                price.''.\n\nSEC. 3. MARKUP DISCLOSURE IN RISKLESS PRINCIPAL TRANSACTIONS IN \n              CORPORATE DEBT SECURITIES.\n\n    Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) \nis amended by adding at the end the following:\n    ``(p) Markup Disclosure in Riskless Principal Transactions in \nCorporate Debt Securities.--\n            ``(1) Definitions.--In this subsection--\n                    ``(A) the term `specified debt security'--\n                            ``(i) means any security that--\n                                    ``(I) evidences a liability of the \n                                issuer (including any such security \n                                that is convertible into stock or \n                                similar security), including bonds, \n                                debentures, notes, or any similar \n                                instruments, and any fractional or \n                                participation interests in any of the \n                                foregoing; and\n                                    ``(II) constitutes--\n                                            ``(aa) United States \n                                        dollar-denominated securities \n                                        issued by the United States or \n                                        a foreign private issuer; or\n                                            ``(bb) any other security \n                                        the Commission identifies by \n                                        rule as a specified debt \n                                        security for the purposes of \n                                        this subsection; and\n                            ``(ii) does not include a municipal \n                        security, as defined in section 3(a)(29) of \n                        this Act; and\n                    ``(B) the term `riskless principal transaction' \n                means--\n                            ``(i) a transaction in which a broker or \n                        dealer receives a customer order to buy or sell \n                        any specified debt securities and, after \n                        receiving the customer order, buys the \n                        specified debt securities from, or sells the \n                        specified debt securities to, another person, \n                        while acting as principal for its own account, \n                        to complete the customer order; and\n                            ``(ii) any other transaction the Commission \n                        identifies by rule as a riskless principal \n                        transaction.\n            ``(2) Disclosure required.--A broker or dealer that effects \n        a riskless principal transaction shall disclose to the \n        customer, in writing, at or before the time of completion of \n        the transaction, the amount of the difference between--\n                    ``(A) the customer's purchase price and the \n                broker's or dealer's purchase price; or\n                    ``(B) the customer's sale price and the broker's or \n                dealer's sale price.''.","title":""}
+{"_id":"c98","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Border Crossing Deterrence Act of \n2008''.\n\nSEC. 2. EXPANSION OF OPERATION STREAMLINE.\n\n    (a) In General.--Not later than December 31, 2009, the Secretary of \nHomeland Security, in Cooperation with the Attorney General, shall \nexpand Operation Streamline (the zero-tolerance prosecution policy for \nillegal entry and reentry) to all 20 border sectors.\n    (b) Authorization of Appropriations.--There are authorized to be \nappropriated $500,000,000 for each of the fiscal years 2009 through \n2018 to carry out this section.\n\nSEC. 3. MANDATORY MINIMUM SENTENCES FOR ILLEGAL ENTRY.\n\n    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) \nis amended--\n            (1) by redesignating subsections (c) and (d) as subsections \n        (d) and (e), respectively; and\n            (2) by inserting after subsection (b) the following:\n    ``(c) Improper Time or Place; Criminal Penalties.--Any alien who is \napprehended while entering, or attempting to enter, the United States \nat a time and place other than as designated by immigration offices--\n            ``(1) in the case of a first violation of subsection (a), \n        shall be sentenced to a term of imprisonment of not less than \n        10 days and not more than 364 days;\n            ``(2) in the case of a second violation of subsection (a), \n        shall be sentenced to a term of imprisonment of not less than \n        60 days and not more than 2 years; and\n            ``(3) in the case of a third or subsequent violation of \n        subsection (a), shall be sentenced to a term of imprisonment of \n        not less than 90 days and not more than 3 years.''.\n\nSEC. 4. MANDATORY MINIMUM SENTENCES FOR ILLEGAL REENTRY.\n\n    Section 276 (8 U.S.C. 1326) is amended to read as follows:\n\n``SEC. 276. REENTRY OF REMOVED ALIEN.\n\n    ``(a) Reentry After Removal.--Any alien who has been denied \nadmission, excluded, deported, or removed, or who has departed the \nUnited States while an order of exclusion, deportation, or removal is \noutstanding, and subsequently enters, attempts to enter, crosses the \nborder to, attempts to cross the border to, or is at any time found in \nthe United States, shall be fined under title 18, United States Code, \nand imprisoned not less than 90 days and not more than 2 years.\n    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty \nprescribed under subsection (a), an alien described in that subsection \nwho was--\n            ``(1) convicted for 3 or more misdemeanors or a felony \n        before such removal or departure, shall be fined under title \n        18, United States Code, and imprisoned for not less than 1 year \n        and not more than 10 years;\n            ``(2) convicted for a felony before such removal or \n        departure for which the alien was sentenced to a term of \n        imprisonment of not less than 30 months, shall be fined under \n        such title, and imprisoned for not less than 2 years and not \n        more than 15 years;\n            ``(3) convicted for a felony before such removal or \n        departure for which the alien was sentenced to a term of \n        imprisonment of not less than 60 months, shall be fined under \n        such title and imprisoned for not less than 4 years and not \n        more than 20 years;\n            ``(4) convicted for 2 or more felonies before such removal \n        or departure, shall be fined under such title and imprisoned \n        for not less than 4 years and for not more than 20 years; or\n            ``(5) convicted, before such removal or departure, for \n        murder, rape, kidnapping, for a felony offense described in \n        chapter 77 (relating to peonage and slavery) or 113B (relating \n        to terrorism) of such title, shall be fined under such title \n        and imprisoned for not less than 5 years and not more than 20 \n        years.\n    ``(c) Reentry After Repeated Removal.--Any alien who, after having \nbeen denied admission, excluded, deported, or removed 2 or more times, \nenters, attempts to enter, crosses the border to, attempts to cross the \nborder to, or is at any time found in the United States, shall be fined \nunder title 18, United States Code, and imprisoned for not less than 2 \nyears and not more than 10 years.\n    ``(d) Proof of Prior Convictions.--The prior convictions described \nin subsection (b) are elements of the crimes described in that \nsubsection, and the penalties in that subsection shall apply only in \ncases in which the conviction or convictions that form the basis for \nthe additional penalty are--\n            ``(1) alleged in the indictment or information; and\n            ``(2) proven beyond a reasonable doubt at trial or admitted \n        by the defendant.\n    ``(e) Affirmative Defenses.--It shall be an affirmative defense to \na violation of this section that--\n            ``(1) the alien had sought and received, before the alleged \n        violation, the express consent of the Secretary of Homeland \n        Security to reapply for admission into the United States;\n            ``(2) with respect to an alien previously denied admission \n        and removed, the alien--\n                    ``(A) was not required to obtain such advance \n                consent under the Immigration and Nationality Act or \n                under any prior Act; and\n                    ``(B) had complied with all other laws and \n                regulations governing the alien's admission into the \n                United States; or\n            ``(3) at the time of the prior exclusion, deportation, \n        removal, or denial of admission alleged in the violation, the \n        alien--\n                    ``(A) was younger than 18 years of age; and\n                    ``(B) had not been convicted of a crime or \n                adjudicated a delinquent minor by a court of the United \n                States, or a court of a State or territory, for conduct \n                that would constitute a felony if committed by an \n                adult.\n    ``(f) Limitation on Collateral Attack on Underlying Removal \nOrder.--In a criminal proceeding under this section, an alien may not \nchallenge the validity of any prior removal order concerning the alien \nunless the alien demonstrates by clear and convincing evidence that--\n            ``(1) the alien exhausted all administrative remedies that \n        may have been available to seek relief against the order;\n            ``(2) the removal proceedings at which the order was issued \n        improperly deprived the alien of the opportunity for judicial \n        review; and\n            ``(3) the entry of the order was fundamentally unfair.\n    ``(g) Reentry of Alien Removed Before Completing Term of \nImprisonment.--Any alien removed pursuant to section 241(a)(4) who \nenters, attempts to enter, crosses the border to, attempts to cross the \nborder to, or is at any time found in, the United States shall be--\n            ``(1) incarcerated for the remainder of the term of \n        imprisonment, which was pending at the time of deportation \n        without any reduction for parole or supervised release unless \n        the alien affirmatively demonstrates that the Secretary of \n        Homeland Security has expressly consented to the alien's \n        reentry; and\n            ``(2) subject to such other penalties relating to the \n        reentry of removed aliens as may be available under this \n        section or any other provision of law.\n    ``(h) Limitation.--An individual who provides an alien with \nemergency humanitarian assistance, including emergency medical care and \nfood, or transports the alien to a location where such assistance can \nbe rendered without compensation or the expectation of compensation may \nnot be prosecuted for aiding and abetting a violation of this section \nbased on the provision of such humanitarian services .\n    ``(i) Definitions.--In this section:\n            ``(1) Felony.--The term `felony' means any criminal offense \n        punishable by a term of imprisonment of more than 1 year under \n        the laws of the United States, of any State, or of a foreign \n        government.\n            ``(2) Misdemeanor.--The term `misdemeanor' means any \n        criminal offense punishable by a maximum term of imprisonment \n        of not more than 1 year under the applicable laws of the United \n        States, of any State, or of a foreign government.\n            ``(3) Removal.--The term `removal' includes any denial of \n        admission, exclusion, deportation, or removal, or any agreement \n        by which an alien stipulates or agrees to exclusion, \n        deportation, or removal.\n            ``(4) State.--The term `State' means any of the several \n        States of the United States, the District of Columbia, and any \n        commonwealth, territory, or possession of the United States.''.\n\nSEC. 5. MANDATORY MINIMUM SENTENCES FOR DESTROYING BORDER BARRIERS OR \n              INFRASTRUCTURE.\n\n    Section 1361 of title 18, United States Code, is amended--\n            (1) by striking ``Whoever'' and inserting the following:\n    ``(a) In General.--Whoever''; and\n            (2) by adding at the end the following:\n    ``(b) Destruction of Border Barriers or Infrastructure.--Any alien \nwho damages or destroys fencing or infrastructure, such as cameras, \nsensors, and vehicle barriers, that has been installed along the \ninternational border of the United States by the United States \nGovernment shall be fined under this title and imprisoned for not less \nthan 5 years.''.","title":""}
+{"_id":"c99","text":"SECTION 1. SHORT TITLE.\n\n    This Act may be cited as the ``Border Health Security Act of \n2015''.\n\nSEC. 2. FINDINGS.\n\n    Congress makes the following findings:\n            (1) The United States-Mexico border is an interdependent \n        and dynamic region of more than 15,000,000 people with \n        significant and unique public health challenges.\n            (2) These challenges include low rates of health insurance \n        coverage, poor access to health care services, high \n        unemployment rates, low educational attainment, and high rates \n        of dangerous diseases, such as tuberculosis, diabetes, obesity, \n        and other non-communicable diseases.\n            (3) As the 2009 novel influenza A (H1N1) pandemic \n        illustrated, diseases do not respect international boundaries, \n        and a strong public health effort at and along the borders is \n        crucial to not only protect and improve the health of Americans \n        but also to help secure the country against threats to \n        biosecurity and other emerging threats.\n            (4) For 11 years, the United States-Mexico Border Health \n        Commission has served as a crucial binational institution to \n        address these unique and truly cross-border health issues.\n            (5) More than 75 percent of Canadians live within 100 miles \n        of the United States border. The 2003 epidemic of severe acute \n        respiratory syndrome caused more than 250 illnesses in the \n        Greater Toronto Area, just 80 miles from New York.\n\nSEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS.\n\n    The United States-Mexico Border Health Commission Act (22 U.S.C. \n290n et seq.) is amended--\n            (1) in section 3--\n                    (A) in paragraph (1), by striking ``; and'' and \n                inserting ``;'';\n                    (B) in paragraph (2), by striking the period and \n                inserting a semicolon; and\n                    (C) by adding at the end the following:\n            ``(3) to cooperate with the Canada-United States Pan-Border \n        Public Health Preparedness Council (referred to in this Act as \n        the `Council'), as appropriate; and\n            ``(4) to serve as an independent and objective body to both \n        recommend and implement initiatives that solve border health \n        issues.'';\n            (2) in section 5--\n                    (A) in subsection (b), by striking ``should be the \n                leader'' and inserting ``shall be the Chair''; and\n                    (B) by adding at the end the following:\n    ``(d) Providing Advice and Recommendations.--Members of the \nCommission and the Council may at any time provide advice or \nrecommendations to the Secretary, Congress, or any Member of Congress \nconcerning issues that are considered by the Commission or Council. \nSuch advice or recommendations may be provided regardless of whether a \nrequest for such is made and regardless of whether the member or \nindividual is authorized to provide such advice or recommendations by \nthe Commission or Council or any other Federal official.'';\n            (3) by redesignating section 8 as section 12;\n            (4) by striking section 7 and inserting the following:\n\n``SEC. 7. BORDER HEALTH GRANTS.\n\n    ``(a) Eligible Entity Defined.--In this section, the term `eligible \nentity' means a State, public institution of higher education, local \ngovernment, Indian tribe, tribal organization, urban Indian \norganization, nonprofit health organization, trauma center, critical \naccess hospital or other hospital that serves rural or other vulnerable \ncommunities and populations, faith-based entity, or community health \ncenter receiving assistance under section 330 of the Public Health \nService Act (42 U.S.C. 254b), that is located in the United States-\nMexico border area or the United States-Canada border area.\n    ``(b) Authorization.--From amounts appropriated under section 11, \nthe Secretary, in consultation with members of the Commission and \nCouncil and in coordination with the Office of Global Affairs, shall \naward grants to eligible entities to address priorities and \nrecommendations outlined by the strategic plan and operational work \nplan of the Commission and the Council, as authorized under section 9, \nto improve the health of United States-Mexico border area and United \nStates-Canada border area residents.\n    ``(c) Application.--An eligible entity that desires a grant under \nsubsection (b) shall submit an application to the Secretary at such \ntime, in such manner, and containing such information as the Secretary \nmay require.\n    ``(d) Use of Funds.--An eligible entity that receives a grant under \nsubsection (b) shall use the grant funds for any of the following:\n            ``(1) Programs relating to any one or more of the \n        following:\n                    ``(A) Maternal and child health.\n                    ``(B) Primary care and preventative health.\n                    ``(C) Infectious disease testing, monitoring, and \n                surveillance.\n                    ``(D) Public health and public health \n                infrastructure.\n                    ``(E) Health promotion.\n                    ``(F) Oral health.\n                    ``(G) Behavioral and mental health.\n                    ``(H) Substance abuse prevention and harm \n                reduction.\n                    ``(I) Health conditions that have a high prevalence \n                in the United States-Mexico border area or United \n                States-Canada border area.\n                    ``(J) Medical and health services research.\n                    ``(K) Workforce training and development.\n                    ``(L) Community health workers and promotoras.\n                    ``(M) Health care infrastructure problems in the \n                United States-Mexico border area or United States-\n                Canada border area (including planning and construction \n                grants).\n                    ``(N) Health disparities in the United States-\n                Mexico border area or United States-Canada border area.\n                    ``(O) Environmental health.\n                    ``(P) Health education.\n                    ``(Q) Outreach and enrollment services with respect \n                to Federal programs (including programs authorized \n                under titles XIX and XXI of the Social Security Act (42 \n                U.S.C. 1396 et seq. and 1397aa et seq.)).\n                    ``(R) Trauma care.\n                    ``(S) Health research with an emphasis on \n                infectious disease and pressing issues related to \n                noncommunicable diseases.\n                    ``(T) Epidemiology and health research.\n                    ``(U) Cross-border health surveillance coordinated \n                with Mexican Health Authorities or Canadian Health \n                Authorities.\n                    ``(V) Obesity, particularly childhood obesity.\n                    ``(W) Crisis communication, domestic violence, \n                health literacy, or cancer.\n                    ``(X) Community-based participatory research on \n                border health issues.\n                    ``(Y) Violence prevention.\n                    ``(Z) Cross-border public health preparedness.\n            ``(2) Other programs determined appropriate by the \n        Secretary.\n    ``(e) Supplement, Not Supplant.--Amounts provided to an eligible \nentity awarded a grant under subsection (b) shall be used to supplement \nand not supplant other funds available to the eligible entity to carry \nout the activities described in subsection (d).\n\n``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE \n              (EWIDS) IN THE BORDER AREA.\n\n    ``(a) Eligible Entity Defined.--In this section, the term `eligible \nentity' means a State, local government, Indian tribe, tribal \norganization, urban Indian organization, trauma center, regional trauma \ncenter coordinating entity, or public health entity.\n    ``(b) Authorization.--From funds appropriated under section 11, the \nSecretary shall award grants for Early Warning Infectious Disease \nSurveillance (EWIDS) to eligible entities for infectious disease \nsurveillance activities in the United States-Mexico border area or \nUnited States-Canada border area.\n    ``(c) Application.--An eligible entity that desires a grant under \nthis section shall submit an application to the Secretary at such time, \nin such manner, and containing such information as the Secretary may \nrequire.\n    ``(d) Uses of Funds.--An eligible entity that receives a grant \nunder subsection (b) shall use the grant funds, in coordination with \nState and local all hazards programs, to--\n            ``(1) develop and implement infectious disease surveillance \n        plans and networks and public health emergency and readiness \n        assessments and preparedness plans, and purchase items \n        necessary for such plans;\n            ``(2) coordinate infectious disease surveillance planning \n        and interjurisdictional risk assessments in the region with \n        appropriate United States-based agencies and organizations and \n        appropriate authorities in Mexico or Canada;\n            ``(3) improve infrastructure, including surge capacity, \n        syndromic surveillance, and isolation\/decontamination capacity, \n        and policy preparedness, including for mutual assistance and \n        for the sharing of information and resources;\n            ``(4) improve laboratory capacity, in order to maintain and \n        enhance capability and capacity to detect potential infectious \n        disease, whether naturally occurring or the result of \n        terrorism;\n            ``(5) create and maintain a health alert network, including \n        risk communication and information dissemination that is \n        culturally competent and takes into account the needs of at-\n        risk populations, including individuals with disabilities;\n            ``(6) educate and train clinicians, epidemiologists, \n        laboratories, and emergency management personnel;\n            ``(7) implement electronic data and infrastructure \n        inventory systems to coordinate the triage, transportation, and \n        treatment of multicasualty incident victims;\n            ``(8) provide infectious disease testing in the United \n        States-Mexico border area or United States-Canada border area; \n        and\n            ``(9) carry out such other activities identified by the \n        Secretary, members of the Commission, members of the Council, \n        State or local public health authorities, representatives of \n        border health offices, or authorities at the United States-\n        Mexico or United States-Canada borders.\n\n``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS.\n\n    ``(a) Strategic Plan.--\n            ``(1) In general.--Not later than 2 years after the date of \n        enactment of this section, and every 5 years thereafter, the \n        Commission (including the participation of members representing \n        both the United States and Mexican sections) and the Council \n        (including the participation of members representing both the \n        United States and Canada) shall each prepare a binational \n        strategic plan to guide the operations of the Commission and \n        the Council and submit such plan to the Secretary and Congress.\n            ``(2) Requirements.--The binational strategic plan under \n        paragraph (1) shall include--\n                    ``(A) health-related priority areas determined most \n                important by the full membership of the Commission or \n                Council, as applicable;\n                    ``(B) recommendations for goals, objectives, \n                strategies, and actions designed to address such \n                priority areas; and\n                    ``(C) a proposed evaluation framework with output \n                and outcome indicators appropriate to gauge progress \n                toward meeting the objectives and priorities of the \n                Commission or Council, as applicable.\n    ``(b) Work Plan.--Not later than January 1, 2017, and every 2 years \nthereafter, the Commission and the Council shall develop and approve an \noperational work plan and budget based on the strategic plan under \nsubsection (a).\n    ``(c) GAO Review.--Not later than January 1, 2018, and every 2 \nyears thereafter, the Comptroller General of the United States shall \nconduct an evaluation of the activities conducted by the Commission and \nthe Council based on the operational work plans described in subsection \n(b) for the previous year and the output and outcome indicators \nincluded in the strategic plan described in subsection (a). The \nevaluation shall include a request for written evaluations from members \nof the Commission and the Council about barriers and facilitators to \nexecuting successfully the work plans of the Commission and the \nCouncil.\n    ``(d) Biannual Reporting.--The Commission and Council shall each \nissue a biannual report to the Secretary that provides independent \npolicy recommendations related to border health issues. Not later than \n3 months following receipt of each such biannual report, the Secretary \nshall provide to Congress the report and any studies or other materials \nproduced independently by the Commission and Council.\n    ``(e) Audits.--The Secretary shall annually prepare an audited \nfinancial report to account for all appropriated assets expended by the \nCommission and Council to address both the strategic and operational \nwork plans for the year involved.\n    ``(f) By-Laws.--Not later than 6 months after the date of enactment \nof this section, the Commission and Council shall develop and approve \nbylaws to provide fully for compliance with the requirements of this \nsection.\n    ``(g) Transmittal to Congress.--The Commission and Council shall \nsubmit copies of the operational work plan and by-laws to Congress. The \nComptroller General of the United States shall submit a copy of each \nevaluation completed under subsection (c) to Congress.\n\n``SEC. 10. COORDINATION.\n\n    ``(a) In General.--To the extent practicable and appropriate, \nplans, systems, and activities to be funded (or supported) under this \nAct for all hazard preparedness, and general border health, shall be \ncoordinated with Federal, State, and local authorities in Mexico, \nCanada, and the United States.\n    ``(b) Coordination of Health Services and Surveillance.--The \nSecretary, acting through the Assistant Secretary for Preparedness and \nResponse, when appropriate, may coordinate with the Secretary of \nHomeland Security in establishing a health alert system that--\n            ``(1) alerts clinicians and public health officials of \n        emerging disease clusters and syndromes along the United \n        States-Mexico border area and United States-Canada border area; \n        and\n            ``(2) warns of health threats, extreme weather conditions, \n        disasters of mass scale, bioterrorism, and other emerging \n        threats along the United States-Mexico border area and United \n        States-Canada border area.\n\n``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.\n\n    ``There is authorized to be appropriated to carry out this Act \n$7,000,000 for fiscal year 2017 and each succeeding year, subject to \nthe availability of appropriations for such purpose, of which \n$4,650,000 shall be made available to fund operationally feasible \nfunctions, activities, and grants with respect to the United States-\nMexico border and the border health activities under cooperative \nagreements with the border health offices of the States of California, \nArizona, New Mexico, and Texas, and $2,350,000 shall be allocated for \nthe administration of United States activities under this Act on the \nUnited States-Canada border and the border health authorities, acting \nthrough the Canada-United States Pan-Border Public Health Preparedness \nCouncil.''; and\n            (5) in section 12 (as so redesignated)--\n                    (A) by redesignating paragraphs (3) and (4) as \n                paragraphs (4) and (6), respectively;\n                    (B) by inserting after paragraph (2), the \n                following:\n            ``(3) Indians; indian tribe; tribal organization; urban \n        indian organization.--The terms `Indian', `Indian tribe', \n        `tribal organization', and `urban Indian organization' have the \n        meanings given such terms in section 4 of the Indian Health \n        Care Improvement Act (25 U.S.C. 1603).''; and\n                    (C) by inserting after paragraph (4), as so \n                redesignated, the following:\n            ``(5) United states-canada border area.--The term `United \n        States-Canada border area' means the area located in the United \n        States and Canada within 100 kilometers of the border between \n        the United States and Canada.''.","title":""}