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SECTION 1. SHORT TITLE. This Act may be cited as the ``Alien Tort Statute Reform Act''. SEC. 2. SUITS BY ALIENS. Section 1350 of title 28, United States Code, is amended to read as follows: ``Sec. 1350. Alien's action for tort ``(a) Jurisdiction of District Courts.--The district courts shall have original and exclusive jurisdiction of any civil action brought by an alien asserting a claim of torture, extrajudicial killing, genocide, piracy, slavery, or slave trading if a defendant is a direct participant acting with specific intent to commit the alleged tort. The district courts shall not have jurisdiction over such civil suits brought by an alien if a foreign state is responsible for committing the tort in question within its sovereign territory. ``(b) Definitions.--For the purposes of this section: ``(1) Defendant.--The term `defendant' means any person subject to the jurisdiction of the district courts of the United States, including-- ``(A) a United States citizen; ``(B) a natural person who is a permanent resident of the United States; ``(C) a natural person who resides in the United States; or ``(D) a partnership, corporation, or other legal entity organized under the laws of the United States or of a foreign state. ``(2) Foreign state.--The term `foreign state' has the meaning given that term in section 1603 of title 28, United States Code. ``(3) Extrajudicial killing.--The term `extrajudicial killing'-- ``(A) means a deliberated killing, which-- ``(i) notwithstanding the jurisdictional limitations referred to in subsection (a), is carried out by an individual under actual or apparent authority, or color of law, of any foreign state; ``(ii) is directed against another individual in the offender's custody or physical control; and ``(iii) is not authorized by a previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples; and ``(B) does not include any such killing that, under international law, is lawfully carried out under the authority of a foreign state. ``(4) Genocide.--The term `genocide' means, whether in time of peace or in time of war, an act carried out, or an attempt to carry out an act, with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such, which-- ``(A) kills members of that group; ``(B) causes serious bodily injury to members of that group; ``(C) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques; ``(D) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part; ``(E) imposes measures intended to prevent births within the group; or ``(F) transfers by force children of the group to another group. ``(5) Piracy.--The term `piracy' means-- ``(A) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed-- ``(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; or ``(ii) against a ship, aircraft, persons, or property in a place outside the jurisdiction of any country; ``(B) any act of voluntary participation in the operations of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; or ``(C) any act of inciting or of intentionally facilitating an act described in subparagraph (A) or (B). ``(6) Slave trading.--The term `slave trading' includes-- ``(A) all acts involved in the capture, acquisition, or disposal of a person with intent to reduce such person to slavery; ``(B) all acts involved in the acquisition of a slave with a view to selling or exchanging such slave; ``(C) all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged; and ``(D) in general, every act of trade or transport of slaves. ``(7) Slavery.--The term `slavery' means the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. ``(8) Torture.-- ``(A) In general.--Notwithstanding the jurisdictional limitations referred to in subsection (a), the term `torture' means any act, carried out by an individual under actual or apparent authority, or color of law, of any foreign state, directed against another individual in the offender's custody or physical control, by which severe pain or suffering (other than pain or suffering arising only from or inherent in, or incidental to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind. ``(B) Mental pain or suffering.--In subparagraph (A), mental pain or suffering refers to prolonged mental harm caused by or resulting from-- ``(i) the intentional infliction or threatened infliction of severe physical pain or suffering; ``(ii) the administration or application, or threatened administration or application, of mind altering substances, or other procedures calculated to disrupt profoundly the senses or the personality; ``(iii) the threat of imminent death; or ``(iv) the threat that another individual will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality. ``(c) Liability for Damages.--Any defendant who is a direct participant acting with specific intent to commit a tort referred to in subsection (a) against an alien shall be liable for damages to that alien or to any person who may be a claimant in an action for the wrongful death of that alien. ``(d) Exhaustion of Remedies.--A district court shall abstain from the exercise of jurisdiction over a civil action described in subsection (a) if the claimant has not exhausted adequate and available remedies in the place in which the injury occurred. Adequate and available remedies include those available through local courts, claims tribunals, and similar legal processes. ``(e) Foreign Policy Interests of the United States.--No court in the United States shall proceed in considering the merits of a claim under subsection (a) if the President, or a designee of the President, adequately certifies to the court in writing that such exercise of jurisdiction will have a negative impact on the foreign policy interests of the United States. ``(f) Procedural Requirements.-- ``(1) Specificity.--In any action brought under this section, the complaint shall state with particularity specific facts that-- ``(A) describe each tort alleged to have been committed and demonstrate the reason or reasons why the tort action may be brought under this section, provided that if an allegation is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed; and ``(B) demonstrate that the defendant had the specific intent to commit the tort alleged to have been committed. ``(2) Motion to dismiss.--In any action brought under this section, the court shall, on the motion of any defendant, dismiss the complaint if the requirements of subparagraphs (A) and (B) of paragraph (1) are not met. ``(3) Stay of discovery.--In any action brought under this section, all discovery related to the merits of the claim and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. ``(4) Plaintiff identity.-- ``(A) Requirement.--Subject to subparagraph (B), in any action brought under this section, the first and last names of all plaintiffs shall be disclosed in the complaint filed with the court. ``(B) Exception.--A court may permit an anonymous filing of a complaint if a plaintiff's life or safety would be endangered by publicly disclosing the plaintiff's identity. ``(g) Fees.--Contingency fee arrangements are prohibited in any action brought under the jurisdiction provided in this section. ``(h) Statute of Limitations.--No action shall be maintained under this section unless it is commenced not later than 10 years from the date the injury occurred. ``(i) Application of Other Laws.--Nothing in this section may be construed to waive or modify the application of any provision of the Class Action Fairness Act of 2005 (Public Law 109-2; 119 Stat. 4) and any amendment made by that Act, or of title 28, United States Code, to any class action law suit brought under this section.''.

Alien Tort Statute Reform Act - Amends the federal judicial code to revise the alien tort (injury) statute. Grants exclusive, as well as original, jurisdiction to U.S. district courts over tort claims brought by aliens against U.S. individuals and business entities (e.g., corporations and partnerships). Specifies the torts that are actionable under the Act as torture, extrajudicial killing, genocide, piracy, slavery, or slave trading. Establishes as the legal standard for defendant liability under the Act direct participation with specific intent to commit the alleged tort. Requires courts to decline jurisdiction over an alien tort claim if: (1) the alien claimant has not exhausted adequate and available remedies in the place where the alleged tort occurred; or (2) the President certifies in writing that the exercise of jurisdiction will have a negative impact on U.S. foreign policy interests. Requires claims under the Act to be brought within 10 years from the date of the alleged tort.

{"src": "billsum_train", "title": "A bill to amend title 28, United States Code, to clarify jurisdiction of Federal Courts over a tort action brought by an alien, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commonsense Reporting Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Reporting requirements under the Patient Protection and Affordable Care Act (Public Law 111-148) should strike the appropriate balance between sufficient reporting to enforce the law and protecting the privacy of individuals. (2) Protection of the primary insured individual and each other individual covered under the policy, which should include minimizing the transmittal of social security numbers, should be a priority when implementing reporting requirements. (3) The Department of the Treasury and the Internal Revenue Service should continue to work together with other departments and agencies, including the Department of Health and Human Services, the Department of Labor, and the Small Business Administration, to streamline reporting and administrative processes under the Patient Protection and Affordable Care Act. These same agencies and departments should also work together to identify ways to minimize compliance burdens on businesses, insurance carriers, and individuals. SEC. 3. PROTECTION OF DEPENDENT PRIVACY. (a) In General.--Paragraph (1) of section 6055(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if the health insurance issuer or the employer does not collect or maintain information on the TINs of such individuals (other than for purposes of this section), the individual's name and date of birth may be substituted for the name and TIN.''. (b) Effective Date.--The amendment made by this section shall apply to returns the due date for which is after December 31, 2013. SEC. 4. EMPLOYEE OPT-OUT. (a) In General.--Subsection (d) of section 6056 of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``An individual shall be deemed to have consented to receive the statement under this section in electronic form if such individual has consented at any prior time, to a person required to furnish to such individual any statement for use in filing the return of tax, to receive such statement in electronic form, unless the individual explicitly refuses such consent.''. (b) Statements Relating to Health Insurance Coverage.--Subsection (c) of section 6055 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Electronic delivery.--An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has consented at any prior time to receive in electronic form any private health information (such as electronic health records) furnished to such individual by the person required to make such statement, unless the individual explicitly refuses such consent.''. (c) Effective Date.--The amendments made by this section shall apply to statements the due date for which is after December 31, 2013. SEC. 5. STUDY. (a) In General.--The Department of the Treasury, in consultation with the Department of Health and Human Services, the Department of Labor, and the Small Business Administration, shall report to Congress not later than 90 days after the date of the enactment of this Act on the processes necessary to develop a prospective reporting system in which an employer would be considered to have complied with section 6056 of the Internal Revenue Code of 1986 for future reporting periods if the employer provided information on a voluntary basis on the affordability and value of the health coverage offered by such employer, generally to whom it is offered, and the length of any waiting period. (b) Requirements.--The report under subsection (a) should address-- (1) the processes necessary to ensure that Exchanges could access the general information described in subsection (a) to assist in verifying eligibility determinations for advance payment of the premium tax credits under section 36B of the Internal Revenue Code of 1986 and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (Public Law 111-148); (2) guidance on how employers who provide this information on a voluntary basis in advance may be considered exempt from general reporting requirements under section 6056 of the Internal Revenue Code of 1986, and should instead be required only to provide individual reports to employees who have been deemed eligible for advance payment of premium tax credits; (3) any barriers that currently exist in data systems maintained by the Department of Health and Human Services or the Internal Revenue Service which would hinder the development of such a verification system, and recommendations for addressing such barriers; (4) any statutory barriers that would prevent the administration from implementing a voluntary prospective reporting system and exempting employers who utilize such system from general reporting requirements under such section 6056; and (5) the costs to develop such a system. (c) Open Comment Period.--After the submission of the report under subsection (a) to Congress, there shall be an open comment period of not less than 60 days for applicable employers and other interested parties to respond to the contents of the report. All comments submitted shall be accessible on a publicly available database.

Commonsense Reporting Act of 2014 - Amends the Internal Revenue Code, with respect to reporting of health care coverage information, to: (1) allow identification of dependents of the primary insured by name and date of birth, instead of taxpayer identification number, if the employer or health insurance issuer does not collect or maintain tax identification numbers for such dependents; and (2) allow an individual to refuse consent to receive tax information statements relating to health insurance coverage in electronic form. Directs the Department of the Treasury to report to Congress on the processes necessary to develop a reporting system allowing employers to voluntarily provide information on health care coverage offered by such employers.

{"src": "billsum_train", "title": "Commonsense Reporting Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buffalo Bayou National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Buffalo Bayou National Heritage Area established in this Act. (2) Management entity.--The term ``management entity'' means the management entity for the Heritage Area designated by this Act. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under this Act. (4) Map.--The term ``map'' means the map entitled ``Buffalo Bayou National Heritage Area Proposed Boundary'', numbered T11/ 101,592, and dated March 2010. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Texas. SEC. 3. BUFFALO BAYOU NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Buffalo Bayou National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of areas included in the map in Harris County, Texas. (c) Map.--A map of the Heritage Area shall be-- (1) included in the management plan; and (2) on file and available for public inspection in the appropriate offices of the National Park Service. (d) Management Entity.--The management entity for the Heritage Area shall be the Buffalo Bayou National Heritage Area Corporation. SEC. 4. ADMINISTRATION. The management entity shall-- (1) in accordance with section 5, prepare and submit a management plan for the Heritage Area to the Secretary; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; and (5) submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made). SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration State and local plans; (3) include-- (A) an inventory of-- (i) the resources located in the core area described in section 4(b); and (ii) any other property in the core area that-- (I) is related to the themes of the Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (B) comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical, and cultural resources of the Heritage Area; (D) a program of implementation for the management plan by the management entity that includes a description of actions to facilitate ongoing collaboration among partners to-- (i) promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and (G) an interpretive plan for the Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive the designation of a National Heritage Area under this Act until the date that the Secretary receives and approves the management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (3) Action following disapproval.--If the Secretary disapproves the management plan under paragraph (1), the Secretary shall-- (A) advise the management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. (4) Amendments.--The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines makes a substantial change to the management plan. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY PROTECTION. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. WATER RIGHTS. (a) Statement of Policy.--Nothing in this Act is meant to modify the Rio Grande Natural Area Act. (b) Applicability.--Nothing in this Act-- (1) amends, modifies, or is in conflict with the Act of May 31, 1939 (53 Stat. 785, chapter 155); (2) authorizes the regulation of private land in the Heritage Area; (3) authorizes the imposition of any mandatory streamflow requirements; (4) creates an express or implied Federal reserved water right; (5) imposes any Federal water quality standard within or upstream of the Heritage Area that is more restrictive than would be applicable had the Heritage Area not been established; or (6) prevents the State of Texas from acquiring an instream flow through the Heritage Area under the terms, conditions, and limitations of State law to assist in protecting the natural environment to the extent and for the purposes authorized by State law. SEC. 9. EVALUATION REPORT. (a) In General.--Ten years after the establishment of the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the management entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives.

Buffalo Bayou National Heritage Area Act This bill establishes the Buffalo Bayou National Heritage Area in Texas. The Buffalo Bayou National Heritage Area Corporation is designated as the management entity for the heritage area. The corporation shall submit a management plan for the heritage area. The bill sets forth requirements for the approval or disapproval of the plan. The bill specifies its effect on private property protections and water rights with regard to the heritage area. Nothing in this bill is meant to modify the Rio Grande Natural Area Act.

{"src": "billsum_train", "title": "Buffalo Bayou National Heritage Area Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Paperwork Reduction and Fraud Prevention Act of 2001''. SEC. 2. NATIONAL BIPARTISAN COMMISSION ON BILLING CODES AND FORMS SIMPLIFICATION. (a) Establishment.--There is hereby established the Commission on Billing Codes and Forms Simplification (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall make recommendations regarding the following: (1) Standardized forms.--Standardizing credentialing and billing forms respecting health care claims, that all Federal Government agencies would use and that the private sector is able (and is encouraged, but not required) to use. (2) Reduction in billing codes.--A significant reduction and simplification in the number of billing codes. (3) Regulatory and appeals process reform.--Reforms in the medicare regulatory and appeals processes in order to ensure that the Secretary of Health and Human Services provides appropriate guidance to physicians, providers of services, and ambulance providers that are attempting to properly submit claims under the medicare program and to ensure that the Secretary does not target inadvertent billing errors. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 17 members, of whom-- (A) four shall be appointed by the President; (B) six shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, of whom not more than 4 shall be of the same political party; (C) six shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, of whom not more than 4 shall be of the same political party; and (D) one, who shall serve as Chairman of the Commission, appointed jointly by the President, Majority Leader of the Senate, and the Speaker of the House of Representatives. (2) Appointment.--Members of the Commission shall be appointed by not later than 90 days after the date of the enactment of this Act. (d) Incorporation of Bipartisan Commission Provisions.--The provisions of paragraphs (3) through (8) of subsection (c) and subsections (d), (e), and (h) of section 4021 of the Balanced Budget Act of 1997 shall apply to the Commission under this section in the same manner as they applied to the National Bipartisan Commission on the Future of Medicare under such section. (e) Report.--Not later than December 31, 2001, the Commission shall submit a report to the President and Congress which shall contain a detailed statement of only those recommendations, findings, and conclusions of the Commission that receive the approval of at least 11 members of the Commission. (f) Termination.--The Commission shall terminate 30 days after the date of submission of the report required in subsection (e). SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE PROGRAM PAYMENTS. (a) Written Requests.-- (1) In general.--The Secretary of Health and Human Services shall establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program under title XVIII of the Social Security Act and then the carrier shall respond in writing within 30 business days respond with the correct billing or procedural answer. (2) Use of written statement.-- (A) In general.--Subject to subparagraph (B), a written statement under paragraph (1) may be used as proof against a future audit or overpayment under the medicare program. (B) Limit on application.--Subparagraph (A) shall not apply retroactively and shall not apply to cases of fraudulent billing. (b) Restoration of Toll-Free Hotline.-- (1) In general.--The Administrator of the Health Care Financing Administration shall restore the toll-free telephone hotline so that physicians may call for information and questions about the medicare program. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). (c) Definitions.--For purposes of this section: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE PROGRAM. (a) In General.--HCFA may not implement any new evaluation and management guidelines (in this section referred to as ``E&M guidelines'') under the medicare program, unless HCFA-- (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule, for improving participation of physicians; (3) has carried out a minimum of 4 pilot projects consistent with subsection (b) in at least 4 different HCFA regions (to be specified by the Secretary) to test such guidelines; and (4) finds that the objectives described in subsection (c) will be met in the implementation of such guidelines. (b) Pilot Projects.-- (1) Length and consultation.--Each pilot project under this subsection shall-- (A) be of sufficient length to allow for preparatory physician and carrier education, analysis, and use and assessment of potential E&M guidelines; and (B) be conducted, throughout the planning and operational stages of the project, in consultation with national and State medical societies. (2) Peer review and rural pilot projects.--Of the pilot projects conducted under this subsection-- (A) at least one shall focus on a peer review method by physicians which evaluates medical record information for statistical outlier services relative to definitions and guidelines published in the CPT book, instead of an approach using the review of randomly selected medical records using non-clinical personnel; and (B) at least one shall be conducted for services furnished in a rural area. (3) Study of impact.--Each pilot project shall examine the effect of the E&M guidelines on-- (A) different types of physician practices, such as large and small groups; and (B) the costs of compliance, and patient and physician satisfaction. (4) Report on how met objectives.--HCFA shall submit a report to the Committees on Commerce and Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Practicing Physicians Advisory Council, six months after the conclusion of the pilot projects. Such report shall include the extent to which the pilot projects met the objectives specified in subsection (c). (c) Objectives for E&M Guidelines.--The objectives for E&M guidelines specified in this subsection are as follows (relative to the E&M guidelines and review policies in effect as of the date of the enactment of this Act): (1) Enhancing clinically relevant documentation needed to accurately code and assess coding levels accurately. (2) Reducing administrative burdens. (3) Decreasing the level of non-clinically pertinent and burdensome documentation time and content in the record. (4) Increased accuracy by carrier reviewers. (5) Education of both physicians and reviewers. (6) Appropriate use of E&M codes by physicians and their staffs. (7) The extent to which the tested E&M documentation guidelines substantially adhere to the CPT coding rules. (d) Definitions.--For purposes of this section and sections 5 and 6: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) HCFA.--The term ``HCFA'' means the Health Care Financing Administration. (5) Medicare program.--The term ``medicare program'' means the program under title XVIII of the Social Security Act. SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM. (a) Individualized Notice.--If a carrier proceeds with a post- payment audit of a physician under the medicare program, the carrier shall provide the physician with an individualized notice of billing problems, such as a personal visit or carrier-to-physician telephone conversation during normal working hours, within 3 months of initiating such audit. The notice should include suggestions to the physician on how the billing problem may be remedied. (b) Repayment of Overpayments Without Penalty.--The Secretary shall permit physicians to repay medicare overpayments within 3 months without penalty or interest and without threat of denial of other claims based upon extrapolation. If a physician should discover an overpayment before a carrier notifies the physician of the error, the physician may reimburse the medicare program without penalty and the Secretary may not audit or target the physician on the basis of such repayment, unless other evidence of fraudulent billing exists. (c) Treatment of First-Time Billing Errors.--If a physician's medicare billing error was a first-time error and the physician has not previously been the subject of a post-payment audit, the carrier may not assess a fine through extrapolation of such an error to other claims, unless the physician has submitted a fraudulent claim. (d) Timely Notice of Problem Claims Before Using Extrapolation.--A carrier may seek reimbursement or penalties against a physician based on extrapolation of a medicare claim only if the carrier has informed the physician of potential problems with the claim within one year after the date the claim was submitted for reimbursement. (e) Submission of Additional Information.--A physician may submit additional information and documentation to dispute a carrier's charges of overpayment without waiving the physician's right to a hearing by an administrative law judge. (f) Limitation on Delay in Payment.--Following a post-payment audit, a carrier that is conducting a pre-payment screen on a physician service under the medicare program may not delay reimbursements for more than one month and as soon as the physician submits a corrected claim, the carrier shall eliminate application of such a pre-payment screen. SEC. 6. ENFORCEMENT PROVISIONS UNDER THE MEDICARE PROGRAM. If a physician is suspected of fraud or wrongdoing in the medicare program, inspectors associated with the Office of Inspector General of the Department of Health and Human Services-- (1) may not enter the physician's private office with a gun or deadly weapon to make an arrest; and (2) may not make such an arrest without a valid warrant of arrest, unless the physician is fleeing or deemed dangerous.

Health Care Paperwork Reduction and Fraud Prevention Act of 2001 - Establishes the Commission on Billing Codes and Forms Simplification which shall make recommendations regarding: (1) standardized forms; and (2) reduction in billing codes; and (3) regulatory and appeals process reform.Directs the Secretary of Health and Human Services to establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program.Sets forth provisions concerning: (1) policy development regarding evaluation and management guidelines under Medicare; and (2) Medicare overpayments.

{"src": "billsum_train", "title": "To reduce the amount of paperwork and improve payment policies for health care services, to prevent fraud and abuse through health care provider education, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children Eating Well Act'' or the ``CHEW Act''. SEC. 2. DEFINITIONS. In this Act: (1) ESEA terms.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Programs to promote healthy eating and nutrition education.--The term ``programs to promote healthy eating and nutrition education''-- (A) means programs that-- (i) increase a student's ability to recognize, choose, and consume healthy foods; (ii) comprehensively reflect the number of influences on healthy eating that impact a student; (iii) provide the education a student will need to make healthy eating decisions as an adult; and (iv) use-- (I) nutritional materials and methods that are scientifically sound and developmentally appropriate; and (II) nutritional materials that are supported by the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); and (B) includes professional development programs for teachers, school staff, and food service workers to allow them to teach healthy eating and nutrition effectively and to promote a healthy school culture. SEC. 3. PROGRAMS TO PROMOTE HEALTHY EATING AND NUTRITION EDUCATION. (a) Local Educational Agency Requirements.-- (1) In general.--Each local educational agency that receives assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) shall, as a condition of receiving such assistance-- (A) develop and implement programs to promote healthy eating and nutrition education for all schools served by the local educational agency, which may include-- (i) integrating programs to promote healthy eating and nutrition education into various times of the school day and locations within schools; (ii) the use and distribution of educational materials, lessons, programs, and other activities that emphasize-- (I) knowledge and appreciation of a variety of healthy foods, particularly fresh fruits and vegetables; (II) a balanced approach to a healthy diet and lifestyle; (III) the integration of healthy eating with physical activity to maximize health; and (iii) a variety of healthy eating and wellness activities that improve student knowledge and skills related to healthy eating and nutrition and do not emphasize child weight or weight loss; and (B) periodically monitor schools' efforts in improving nutrition understanding and healthy eating among students. (2) Development.--A local educational agency subject to paragraph (1) shall consult multiple viewpoints in developing and implementing programs to promote healthy eating and nutrition education, which may include-- (A) consulting with families, students, school officials, and other interested community members in order to develop programs to promote healthy eating and nutrition education; (B) working with organizations with nutrition education expertise, such as institutions of higher education, hospitals, cooperative extension offices, State and local health departments, the Society for Nutrition Education and Behavior, community organizations, farm groups, and others, for guidance in developing the programs to promote healthy eating and nutrition education and for assistance in implementing and evaluating such programs; (C) working with applicable government authorities, including Team Nutrition of the Food and Nutrition Service of the Department of Agriculture and State agencies delivering services under the nutrition education and obesity prevention grant program established under section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a), for technical assistance in designing programs to promote healthy eating and nutrition education for the schools; (D) working with district and school wellness councils or other school health advisory groups in developing, implementing, and evaluating programs to promote healthy eating and nutrition education; (E) integrating programs to promote healthy eating and nutrition education with the local school wellness policy required under section 9A of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758b); and (F) providing professional development that includes nutrition education to staff members of the local educational agency. (b) State Requirements.--Each State educational agency receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) shall submit to the Secretary of Education a periodic report regarding programs to promote healthy eating and nutrition education in the State that includes a summary of the nutrition education monitoring data collected from each local educational agency under subsection (a)(1)(B). (c) Task Force.--The Secretary of Education, Secretary of Agriculture, and the Secretary of Health and Human Services shall establish an inter-agency task force to review nutrition education curricula and recommend effective nutrition education programs for elementary schools and secondary schools. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2019.

Children Eating Well Act or the CHEW Act - Requires each local educational agency (LEA) participating in the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to: (1) develop and implement healthy eating and nutrition education programs in its schools, and (2) periodically monitor schools' efforts to improve students' healthy eating and nutritive knowledge. Requires LEAs to consult multiple viewpoints in developing and implementing the healthy eating and nutrition education programs. Includes professional development for teachers, school staff, and food service workers as part of those programs. Directs the Secretary of Education, Secretary of Agriculture, and Secretary of Health and Human Services (HHS) to establish an inter-agency task force to review nutrition education curricula and recommend effective nutrition education programs for elementary and secondary schools.

{"src": "billsum_train", "title": "CHEW Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-India Energy Security Cooperation Act of 2006''. SEC. 2. FINDINGS. (1) The December 2004 National Intelligence Council report entitled ``Mapping the Global Future in 2020'' states that the single most important factor affecting the demand for energy will be global economic growth, especially that of China and India. It is estimated that the current economic growth rate in India is approximately 7 percent of gross domestic product. India will need to double its energy consumption within the next 15 years to maintain steady rates of economic growth. (2) The United States and India launched an energy dialogue on May 31, 2005, aimed at building upon a broad range of existing energy cooperation and developing new avenues of collaboration on energy. These efforts will promote increased trade and investment in the energy sector by utilizing resources in the public and private sectors, focusing on oil and gas, power and energy efficiency, new technologies and renewable energy, coal and clean coal technology, and civil nuclear cooperation. In his testimony before the Committee on Foreign Relations of the Senate on July 26, 2005, Under Secretary of Energy David Garman said, ``The United States and India recognize their mutual interests are best served by working together in a collaborative fashion to ensure stability in global energy markets.''. (3) As the sixth largest energy consumer in the world, India satisfies 70 percent of its oil demand with imports and has embarked on an aggressive oil and gas exploration program. The largest discovery of natural gas in the world in 2002 occurred in India. In 2003, the largest discovery of oil in the world occurred in the state of Rajasthan in India. External funding and investment in the oil and gas industry in India is necessary to maximize recovery from oil fields, but an improved investment environment in India is needed to attract such investment. (4) India is the world's third largest producer of coal and will continue to rely on coal as a major energy source to support expanding industrial and electric power generation needs. However, many of India's coal-fired plants are inefficient and lack adequate pollution control equipment. In his address to a joint session of the United States Congress on July 19, 2005, Prime Minister of India Manmohan Singh noted the importance of allowing greater access for developing countries to clean coal technologies and of exploring partnerships that encourage more efficient use of hydrocarbon resources. (5) India provides a market for United States technologies that promote the clean and efficient use of energy. (6) India has announced plans to develop a 5,000,000 ton strategic crude oil reserve, which is expected to be completed by 2009. (7) United States energy experts have emphasized the need for the United States to increase collaboration with other countries-- (A) to develop and deploy energy technologies that will not be pursued absent greater Federal support; (B) to increase investment in cooperative international energy research; and (C) to expand the global network of strategic petroleum reserves. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to cooperate with India to address common energy challenges, to ensure future global energy security, and to increase the world-wide availability of clean energy; (2) to promote dialogue and increased understanding between the United States and India on our respective national energy policies and strategies as an integral part of the expanding strategic partnership between the two countries; and (3) to collaborate with India in energy research that fosters market-based approaches to energy security and offers the promise of technological breakthroughs that reduce oil dependency globally. SEC. 4. ASSISTANCE TO SUPPORT ENERGY COOPERATION. (a) Authorization.--The President is authorized to establish programs in support of greater energy cooperation between the United States and India. (b) Activities.--Assistance may be provided under this section for cooperation related to-- (1) research, development, and deployment of clean coal and emission reduction technologies and carbon sequestration projects; (2) research, development, and deployment of alternative fuel sources, such as ethanol, bio-mass, and coal-based fuels; (3) research, development, and deployment of energy efficiency projects; (4) research related to commercially available technologies that promote the clean and efficient use of energy in India; and (5) technical assistance in support of the development by the Government of India of a strategic oil reserve to allow India to cope with short-term disruptions to global oil supplies without causing shocks to India's market or the global market. SEC. 5. REPORT ON ENERGY COOPERATION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Secretary of Energy, submit to the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce and the Committee on International Relations of the House of Representatives a report on energy security cooperation between the United States and India. (b) Content.--The report required under subsection (a) shall describe-- (1) the ways in which the United States and India have cooperated on energy research and development activities; (2) joint projects that have been initiated using assistance authorized under section 4, and the contribution such assistance has made to improving global energy security; and (3) plans for future energy cooperation and joint projects between the United States and India.

United States-India Energy Security Cooperation Act of 2006 - Authorizes the President to establish programs in support of greater energy cooperation between the United States and India. Authorizes assistance for cooperation related to research, development, and deployment in selected areas, including: (1) clean coal and emission reduction technologies and carbon sequestration projects; (2) alternative fuel sources, such as ethanol, biomass, coal-based fuels, and hydrogen; and (3) energy efficiency projects.

{"src": "billsum_train", "title": "To promote global energy security through increased cooperation between the United States and India in diversifying sources of energy, stimulating development of alternative fuels, developing and deploying technologies that promote the clean and efficient use of coal, and improving energy efficiency."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulations Endanger Democracy Act of 2017'' or the ``RED Tape Act of 2017''. SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR AMENDING RULE. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code; (2) the term ``covered rule'' means a rule of an agency that causes a new financial or administrative burden on businesses in the United States or on the people of the United States, as determined by the head of the agency; (3) the term ``rule''-- (A) has the meaning given the term in section 551 of title 5, United States Code; and (B) includes-- (i) any rule issued by an agency pursuant to an Executive order or Presidential memorandum; and (ii) any rule issued by an agency due to the issuance of a memorandum, guidance document, bulletin, or press release issued by an agency; and (4) the term ``Unified Agenda'' means the Unified Agenda of Federal Regulatory and Deregulatory Actions. (b) Prohibition on Issuance of Certain Rules.-- (1) In general.--An agency may not-- (A) issue a covered rule that does not amend or modify an existing rule of the agency, unless-- (i) the agency has repealed 2 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed under clause (i), as determined and certified by the head of the agency; or (B) issue a covered rule that amends or modifies an existing rule of the agency, unless-- (i) the agency has repealed or amended 2 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed or amended under clause (i), as determined and certified by the head of the agency. (2) Application.--Paragraph (1) shall not apply to the issuance of a covered rule by an agency that-- (A) relates to the internal policy or practice of the agency or procurement by the agency; or (B) is being revised to be less burdensome to decrease requirements imposed by the covered rule or the cost of compliance with the covered rule. (c) Considerations for Repealing Rules.--In determining whether to repeal a covered rule under subparagraph (A)(i) or (B)(i) of subsection (b)(1), the head of the agency that issued the covered rule shall consider-- (1) whether the covered rule achieved, or has been ineffective in achieving, the original purpose of the covered rule; (2) any adverse effects that could materialize if the covered rule is repealed, in particular if those adverse effects are the reason the covered rule was originally issued; (3) whether the costs of the covered rule outweigh any benefits of the covered rule to the United States; (4) whether the covered rule has become obsolete due to changes in technology, economic conditions, market practices, or any other factors; and (5) whether the covered rule overlaps with a covered rule to be issued by the agency. (d) Publication of Covered Rules in Unified Agenda.-- (1) Requirements.--Each agency shall, on a semiannual basis, submit jointly and without delay to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list containing-- (A) each covered rule that the agency intends to issue during the 6-month period following the date of submission; (B) each covered rule that the agency intends to repeal or amend in accordance with subsection (b) during the 6-month period following the date of submission; and (C) the cost of each covered rule described in subparagraphs (A) and (B). (2) Prohibition.--An agency may not issue a covered rule unless the agency complies with the requirements under paragraph (1).

Regulations Endanger Democracy Act of 2017 or the RED Tape Act of 2017 This bill prohibits a federal agency from issuing a rule that causes a new financial or administrative burden on businesses or people in the United States unless the agency has repealed or amended two or more existing rules causing such a burden and the cost of the rule to be issued is less than or equal to that of the rules repealed or amended. The bill exempts a rule that: (1) relates to the internal policy or practice of, or procurement by, the agency; or (2) is being revised to be less burdensome by decreasing requirements imposed by, or compliance costs of, the rule. In determining whether to repeal such a rule, an agency must consider: (1) whether the rule has achieved its purpose, has become obsolete, or overlaps with a rule to be issued; (2) any adverse effects that could materialize if the rule is repealed; and (3) whether the costs of the rule outweigh its benefits. Each agency must submit semiannually to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list of such rules the agency intends to issue, repeal, or amend during the following six months and the cost of each such rule.

{"src": "billsum_train", "title": "Regulations Endanger Democracy Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Healthcare and Pensions Protection Act of 2013''. SEC. 2. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER HEALTH BENEFIT PLAN. Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended-- (1) in subsection (h)(2)(C)-- (A) by striking ``A transfer'' and inserting the following: ``(i) Transfer to the plan.--A transfer''; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; and (C) by striking the matter following such subclause (II) (as so redesignated) and inserting the following: ``(ii) Calculation of excess.--Such excess shall be calculated by taking into account only-- ``(I) those beneficiaries actually enrolled in the Plan as of the date of enactment of the Coal Healthcare and Pensions Protection Act of 2013, who are eligible to receive health benefits under the Plan on the first day of the calendar year for which the transfer is made; and ``(II) those beneficiaries whose health benefits, defined as those benefits payable directly by an employer in the bituminous coal industry under a coal wage agreement (defined in section 9701(b)(1) of the Internal Revenue Code of 1986) as a result of a bankruptcy proceeding commenced in 2012, would be denied or reduced. ``(iii) Eligibility.--An individual referred to in clause (ii)(II) shall be considered eligible to receive health benefits under the Plan. ``(iv) Requirements for transfer.--A transfer under this subparagraph shall be in an amount equal to the excess calculated under clause (i), and reduced by any amount transferred from a voluntary employees' beneficiary association established as a result of such bankruptcy proceeding to the Plan to pay benefits required under the Plan. ``(v) VEBA transfer.--The administrator of such voluntary employees' beneficiary association shall transfer to the Plan any amounts received as a result of such bankruptcy proceeding, reduced by an amount for administrative costs of such association.''; and (2) in subsection (i)-- (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following: ``(4) Additional amounts.-- ``(A) Calculation.--If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount, not to exceed the difference between such dollar limitation and such aggregate amount, to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. ``(B) 1974 umwa pension plan defined.--In this paragraph, the term `1974 UMWA Pension Plan' has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.''. SEC. 3. SPECIAL RULE FOR CERTAIN SUPPLEMENTAL BENEFIT PLANS. (a) In General.--Section 404 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(p) Special Rule for Certain Supplemental Benefit Plans.-- ``(1) In general.--If contributions are paid by an employer under a plan that provides supplemental benefits solely to participants in a plan described in subsection (c) (or a continuation thereof) that provides pension benefits, such contributions shall not be deductible under this section nor be made nondeductible by this section, but the deductibility thereof shall be governed solely by section 162 (relating to trade or business expenses). ``(2) Tax treatment of plan.--For purposes of this title, the trust holding the assets of a plan to which paragraph (1) applies shall be treated as an organization exempt from tax under section 501(a). ``(3) Special rule for payments other than to or from a trust.--For purposes of this subsection, payments made by an employer to the trustees of a plan described in paragraph (1), and benefits paid by the trustees of such plan, shall be treated as contributions paid to, and benefits paid from, such plan without regard to whether the contributions are paid into, or benefits paid from, the trust holding the assets of such plan.''. (b) Exclusion From Wages.-- (1) Payroll taxes.--Paragraph (5) of section 3121(a) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``or'' at the end of subparagraph (H); (B) by adding ``or'' at the end of subparagraph (I); and (C) by adding at the end the following new subparagraph: ``(J) under a plan to which section 404(p)(1) applies;''. (2) Collection of income tax at source.--Paragraph (12) of section 3401(a) of such Code is amended by adding at the end the following new subparagraph: ``(F) under a plan to which section 404(p)(1) applies, or''. (3) Unemployment taxes.--Section 3306(b) of such Code is amended-- (A) by striking ``or'' at the end of paragraph (19); (B) by striking the period at the end of paragraph (20) and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(21) any payment made to or for the benefit of an individual under a plan to which section 404(p)(1) applies.''.

Coal Healthcare and Pensions Protection Act of 2013 - Amends the Surface Mining Control and Reclamation Act of 1977 to address potential shortages in the Multiemployer Health Benefit Plan for payment of health care benefits to retired coal miners by expanding the eligible uses of interest transferable to the plan from the Abandoned Mine Reclamation Fund, and supplemental payments from the General Fund of the Treasury. Requires calculation of such amount by taking into account only those beneficiaries who are actually enrolled in the plan as of enactment of this Act, as well as those retirees whose health benefits, payable directly by an employer in the bituminous coal industry under a coal wage agreement as a result of a bankruptcy proceeding commenced in 2012, would be denied or reduced. Requires the Secretary of the Treasury to transfer to the trustees of the 1974 United Mine Workers of America (UMWA) Pension Plan a certain additional amount of funds, to pay pension benefits required under that plan, if the $490 million limitation on certain transfers to the UMWA Combined Benefit Fund and distributions to states and Indian tribes exceeds the aggregate amount required to be transferred to them. Amends the Internal Revenue Code to prescribe a special rule that employer contributions to an employees' trust or annuity benefit plan providing supplemental benefits solely to participants in a pension plan are neither deductible nor nondeductible as such from the employer's gross income. Subjects such contributions, on the other hand, to deduction as an allowable trade or business expense. Treats a trust holding the assets of such a pension benefit plan as a tax-exempt organization. Excludes from taxable wages any payments made to, or on behalf of, an employee or his or her beneficiary under such a plan.

{"src": "billsum_train", "title": "Coal Healthcare and Pensions Protection Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Commission Act of 2017''. SEC. 2. ESTABLISHMENT. There is established in the legislative branch a commission to be known as the ``Commission on Long Term Social Security Solvency'' (in this Act referred to as the ``Commission''). SEC. 3. DUTY OF THE COMMISSION. Not later than 1 year after the initial meeting of the Commission, the Commission shall transmit to Congress a special message that includes recommendations and proposed legislation for achieving solvency in each of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for a period of at least 75 years beginning on the date that is 1 year after the initial meeting of the Commission. Such message shall be approved by at least 9 members of the Commission. SEC. 4. MEMBERS. (a) Number and Appointment.--The Commission shall be composed of 13 members. Of the members of the Commission-- (1) 1 shall be appointed by the President; (2) 3 shall be appointed by the Speaker of the House of Representatives; (3) 3 shall be appointed by the Minority Leader of the House of Representatives; (4) 3 shall be appointed by the Majority Leader of the Senate; and (5) 3 shall be appointed by the Minority Leader of the Senate. (b) Qualifications for Congressional Appointees.--Of the members of the Commission appointed by the Congress, at least 1 appointed by each political party shall be an expert who is not an elected official or an officer or employee of the Federal Government or of any State. (c) Timing of Appointments.--Each of the appointments made under subsection (a) shall be made not later than 45 days after the date of the enactment of this Act. (d) Terms; Vacancies.--Each member shall be appointed for the life of the Commission, and a vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Compensation.-- (1) In general.--Members of the Commission shall serve without pay. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 5. OPERATION AND POWERS OF THE COMMISSION. (a) Chair and Co-Chair.--The member of the Commission appointed by the President under section 4(a) shall serve as the chair of the Commission. A co-chair of the Commission shall be designated by the Speaker of the House of Representatives at the time of the appointment. (b) Meetings.--The Commission shall meet not later than 30 days after the members of the Commission have been appointed, and at such times thereafter as the chair or co-chair shall determine. (c) Rules of Procedure.--The chair and co-chair shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States, including the Congressional Budget Office and the Government Accountability Office, any information or technical assistance necessary to enable it to carry out this Act. Upon request of the chair or co-chair of the Commission, the head of that department or agency shall furnish that information or technical assistance to the Commission. (f) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this Act. (g) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 6. PERSONNEL. (a) Director.--The Commission shall have a Director who shall be appointed by the Commission. The Director shall be paid at a rate of pay equivalent to the annual rate of basic pay for a comparable position paid under the Executive Schedule, subject to the approval of the chair and the co-chair. (b) Staff.--The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the Executive Schedule. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. SEC. 7. TERMINATION. The Commission shall terminate not later than 60 days after the submission of the report described in section 3. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated not more than $2,000,000 to carry out this Act. SEC. 9. EXPEDITED CONSIDERATION OF COMMISSION RECOMMENDATIONS. (a) Expedited Consideration.-- (1) Introduction of approval bill.--The majority leader of each House or a designee shall (by request) introduce an approval bill as described in subsection (c) not later than the third day of session of that House after the date of receipt of a special message transmitted to the Congress under section 3. (2) Consideration in the house of representatives.-- (A) Referral and reporting.--Any committee of the House of Representatives to which an approval bill is referred shall report it to the House without amendment not later than the third legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (B) Proceeding to consideration.--Not later than 3 legislative days after the approval bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the approval bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until the approval bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration.--If the motion to proceed is agreed to, the House shall immediately proceed to consider the approval bill in the House without intervening motion. The approval bill shall be considered as read. All points of order against the approval bill and against its consideration are waived. The previous question shall be considered as ordered on the approval bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the approval bill shall not be in order. (3) Consideration in the senate.-- (A) Committee action.--The appropriate committee of the Senate shall report without amendment the approval bill not later than the third session day after introduction. If a committee fails to report the approval bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the committee shall be automatically discharged from further consideration of the approval bill and it shall be placed on the appropriate calendar. (B) Motion to proceed.--Not later than 3 session days after the approval bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the approval bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the approval bill. (C) Consideration.--If a motion to proceed to the consideration of the approval bill is agreed to, the Senate shall immediately proceed to consideration of the approval bill without intervening motion, order, or other business, and the approval bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the approval bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the approval bill shall be limited to not more than 1 hour. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the approval bill is not in order. A motion to reconsider the vote by which the approval bill is agreed to or disagreed to is not in order. (4) Amendments prohibited.--No amendment to, or motion to strike a provision from, an approval bill considered under this section shall be in order in either the Senate or the House of Representatives. (5) Coordination with action by other house.-- (A) In general.--If, before passing the approval bill, one House receives from the other a bill-- (i) the approval bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no approval bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the approval bill of the receiving House. (B) Exception.--This paragraph shall not apply to the House of Representatives. (b) Limitation.--Subsection (a) shall apply only to an approval bill described in subsection (c) and introduced pursuant to subsection (a)(1). (c) Approval Bill Described.--For purposes of subsection (a), a bill described in this paragraph is a bill-- (1) which consists of the proposed legislation which is included in such report to carry out the recommendations made by the Commission in the report; and (2) the title of which is as follows: ``A bill to carry out the recommendations of the Commission on Long Term Social Security Solvency.''. (d) Extended Time Period.--If Congress adjourns at the end of a Congress and an approval bill was then pending in either House of Congress or a committee thereof, or an approval bill had not yet been introduced with respect to a special message, then within the first 3 days of session of the next Congress, the Commission shall transmit to Congress an additional special message containing all of the information in the previous, pending special message. An approval bill may be introduced within the first five days of session of such next Congress and shall be treated as an approval bill under this section, and the time periods described in paragraphs (2) and (3) of subsection (a) shall commence on the day of introduction of that approval bill.

Social Security Commission Act of 2017 This bill temporarily establishes, within the legislative branch, the Commission on Long Term Social Security Solvency. The commission must submit to Congress recommendations and proposed legislation for achieving, for a period of at least 75 years, solvency in both of the Social Security trust funds. The bill provides for expedited consideration of proposed legislation recommended by the commission.

{"src": "billsum_train", "title": "Social Security Commission Act of 2017"}

SECTION 1. NONIMMIGRANT ALIEN STATUS FOR CERTAIN OLDER ALIENS. (a) Definitions.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended (1) in subparagraph (R), by striking ``or'' at the end; (2) in subparagraph (S), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(T) subject to section 214(m), an alien seeking to enter the United States temporarily to visit for pleasure, and having a residence in a foreign country which the alien has no intention of abandoning, who-- ``(i) the Attorney General determines-- ``(I) is at least 55 years of age at the time of application for admission; ``(II) is a citizen of Canada or a country that has been continuously designated as a pilot program country under section 217(c) for the 5 years immediately preceding the time of application for admission; ``(III) either owns a residence in the United States, in the alien's own name, or has a spouse who owns such a residence; and ``(IV) will have health coverage, throughout the period the alien will be in the United States, consistent with section 214(m)(5); or ``(ii) is the alien spouse of an alien described in clause (i), is accompanying, or following to join, the alien, and otherwise meets the requirements specified in clause (i).''. (b) Admission of Nonimmigrants.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended-- (1) by redesignating the subsection (j), added by section 130003(b)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2025), and the subsection (k), added by section 220(b) of the Immigration and Nationality Technical Amendments Act of 1994 (Public Law 103- 416; 108 Stat. 4319), as subsections (k) and (l), respectively; and (2) by adding at the end the following: ``(m)(1) In the case of a nonimmigrant described in section 101(a)(15)(T), the period of authorized admission as such a nonimmigrant may not exceed 4 years. A visa issued under such section may be renewed for an unlimited number of additional periods (each such period not to exceed 4 years), but only where the application for admission is filed in the country of the nonimmigrant's citizenship. ``(2) The Attorney General may not authorize a nonimmigrant described in such section to engage in employment in the United States. ``(3)(A) A nonimmigrant described in such section shall not be eligible for any Federal, State, or local public benefit, except short- term, non-cash, in-kind emergency disaster relief. ``(B) For purposes of subparagraph (A), the term `Federal, State, or local public benefit' means-- ``(i) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or a State or local government or by appropriated funds of the United States or a State or local government; and ``(ii) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments of assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or a State or local government or by appropriated funds of the United States or a State or local government. ``(4) A visa shall not be issued under the provisions of section 101(a)(15)(T) unless the alien demonstrates to the satisfaction of the consular officer and the Attorney General that the alien has, and will have throughout the period the alien is in the United States, an annual gross income that equals or exceeds the amount that is two times the official poverty line (as defined by the Director of the Office of Management and Budget, as revised annually by the Secretary of Health and Human Services, in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902)) that is applicable to a family unit of a size equal to the number of members of the alien's household (including family and non-family dependents). ``(5) Any alien who seeks admission as a nonimmigrant described in section 101(a)(15)(T) is inadmissible unless the alien demonstrates at the time of issuance of the visa (and at the time of admission) to the satisfaction of the consular officer and the Attorney General that the alien-- ``(A) will have coverage, throughout the period the alien is in the United States, under an adequate health insurance policy (at least comparable to coverage provided under the medicare program under title XVIII of the Social Security Act); and ``(B) will have coverage, throughout the period the alien is in the United States, with respect to long-term health needs (at least comparable to such coverage provided under the medicaid program under title XIX of such Act for a State in which the alien, or a spouse of the alien, owns a residence.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is one year after the date of the enactment of this Act.

Amends the Immigration and Nationality Act to authorize four-year nonimmigrant visitor visas for an alien who: (1) is at least 55 years old; (2) is a citizen of Canada or a citizen of certain (visa) pilot program countries; (3) owns, or whose spouse owns, a U.S. residence; and (4) has health coverage. Prohibits such an alien from working in the United States or receiving public benefits.

{"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to permit certain aliens who are at least 55 years of age to obtain a 4-year nonimmigrant visitor's visa."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014''. SEC. 2. AMENDMENT TO PURPOSE. Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is amended to read as follows: ``(1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that-- ``(A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and ``(B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and''. SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM. Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``or''; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(C) to maintain and operate an existing State- controlled substance monitoring program.''; (2) by amending subsection (b) to read as follows: ``(b) Minimum Requirements.--The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A).''; (3) in subsection (c)-- (A) in paragraph (1)(B)-- (i) in the matter preceding clause (i), by striking ``(a)(1)(B)'' and inserting ``(a)(1)(B) or (a)(1)(C)''; (ii) in clause (i), by striking ``program to be improved'' and inserting ``program to be improved or maintained''; (iii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iv) by inserting after clause (ii), the following: ``(iii) a plan to apply the latest advances in health information technology in order to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers to ensure timely access to patients' controlled prescription drug history;''; (v) in clause (iv) (as so redesignated), by inserting before the semicolon the following: ``and at least one health information technology system such as electronic health records, health information exchanges, and e- prescribing systems''; and (vi) in clause (v) (as so redesignated), by striking ``public health'' and inserting ``public health or public safety''; (B) in paragraph (3)-- (i) by striking ``If a State that submits'' and inserting the following: ``(A) In general.--If a State that submits''; (ii) by inserting before the period at the end ``and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for the implementation of such interoperability''; and (iii) by adding at the end the following: ``(B) Monitoring of efforts.--The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A).''; (C) in paragraph (5)-- (i) by striking ``implement or improve'' and inserting ``establish, improve, or maintain''; and (ii) by adding at the end the following: ``The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B).''; (4) in subsection (d)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``In implementing or improving'' and all that follows through ``(a)(1)(B)'' and inserting ``In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subparagraph (B) or (C) of subsection (a)(1)''; and (ii) by striking ``public health'' and inserting ``public health or public safety''; and (B) by adding at the end the following: ``(5) The State shall report on interoperability with the controlled substance monitoring program of Federal agencies, where appropriate, interoperability with health information technology systems such as electronic health records, health information exchanges, and e-prescribing, where appropriate, and whether or not the State provides automatic, real-time or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient.''; (5) in subsections (e), (f)(1), and (g), by striking ``implementing or improving'' each place it appears and inserting ``establishing, improving, or maintaining''; (6) in subsection (f)-- (A) in paragraph (1)(B) by striking ``misuse of a schedule II, III, or IV substance'' and inserting ``misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act''; and (B) by adding at the end the following: ``(3) Evaluation and reporting.--Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary-- ``(A) to evaluate the success of the State's program in achieving its purposes; or ``(B) to prepare and submit the report to Congress required by subsection (k)(2). ``(4) Research by other entities.--A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes.''; (7) by striking subsection (k); (8) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively; (9) in subsections (c)(1)(A)(iv) and (d)(4), by striking ``subsection (h)'' each place it appears and inserting ``subsection (i)''; (10) by inserting after subsection (g) the following: ``(h) Education and Access to the Monitoring System.--A State receiving a grant under subsection (a) shall take steps to-- ``(1) facilitate prescriber and dispenser use of the State's controlled substance monitoring system; and ``(2) educate prescribers and dispenser on the benefits of the system both to them and society.''; (11) in subsection (k)(2)(A), as redesignated-- (A) in clause (ii), by striking ``or affected'' and inserting ``, established or strengthened initiatives to ensure linkages to substance use disorder services, or affected''; and (B) in clause (iii), by striking ``including an assessment'' and inserting ``between controlled substance monitoring programs and health information technology systems, and including an assessment''; (12) in subsection (l)(1), by striking ``establishment, implementation, or improvement'' and inserting ``establishment, improvement, or maintenance''; (13) in subsection (m)(8), by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and any commonwealth or territory of the United States''; and (14) by amending subsection (n), to read as follows: ``(o) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $7,000,000 for each of fiscal years 2014 through 2018.''.

National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014 - Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of such Act to foster the establishment of state-administered controlled substance monitoring systems in order to ensure that appropriate law enforcement, regulatory, and state professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists. Amends the Public Health Service Act to revise and update the controlled substance monitoring program, including to: allow grants to be used to maintain and operate existing state controlled substance monitoring programs, require submission by a state of a plan to apply the latest advances in health information technology to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers, require timelines and descriptions for implementation of interoperability for purposes of information sharing with a bordering state that already operates a monitoring program, require health information interoperability standards to be consistent with at least one health information technology system, require the Secretary of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees, require a state to provide the Secretary with aggregate data and other information to enable the Secretary to evaluate the success of the state's program and to submit a progress report to Congress, and expand the program to include any commonwealth or territory of the United States. Authorizes the Drug Enforcement Administration (DEA) or a state Medicaid program or health department receiving nonidentifiable information from a controlled substance monitoring database to make such information available to other entities for research purposes. Requires a state receiving a grant to: (1) facilitate prescriber and dispenser use of the state's controlled substance monitoring system, and (2) educate prescribers and dispensers on the benefits of the system both to them and society. Removes the preferences for grants related to drug abuse for states with approved applications to implement controlled substances monitoring programs. Revises requirements for studies on progress to include assessment of the effects upon linkages to substance abuse disorder services and interoperability with health information technology systems.

{"src": "billsum_train", "title": "National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Ongoing Lender Delays Act'' or the ``SOLD Act''. SEC. 2. TRUTH IN LENDING ACT AMENDMENTS. Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting before section 130 (15 U.S.C. 1640) the following new section: ``SEC. 129I. RESPONSES REQUIRED FOR MORTGAGOR REQUESTS FOR REFINANCING. ``(a) In General.-- ``(1) Written response to mortgagor requests required.-- ``(A) In general.--Each servicer shall respond in writing to a mortgagor of a residential mortgage loan who has submitted a written request that meets the requirements of subsection (b), not later than the end of the 30-calendar day period beginning on the date of receipt of such request, subject to paragraphs (2) and (3). ``(B) Applicability.--Subparagraph (A) shall apply, except as provided in subsection (b), and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle. ``(2) Content.--A written response by a servicer under paragraph (1) shall specify-- ``(A) a decision on whether such request has been denied or approved, or that such request has been approved subject to specified changes; or ``(B) that additional time is required, in which case the servicer shall provide a new decision date. ``(3) Single extension of new decision date authorized.--A servicer may, upon written notice to the mortgagor, extend a new decision date provided under paragraph (2)(B) a single time, for a period of not longer than 30 additional calendar days. ``(b) Inapplicability to Certain Existing Mortgages.--Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of enactment of this Act explicitly providing a procedure or terms for approval of a short sale. ``(c) Mortgagor Submission.--Subsection (a) shall apply in any case in which the mortgagor under a residential mortgage loan submits to the servicer thereof-- ``(1) a written offer for a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest that secures the mortgage loan; and ``(2) all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer). ``(d) Civil Actions Authorized.--An aggrieved individual may bring an action in a court of competent jurisdiction, asserting a violation of this section. Aggrieved individuals may be awarded all appropriate relief, including equitable relief, and a monetary award of $1,000 per violation, plus reasonable attorneys' fees, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures. ``(e) Definitions.-- ``(1) Residential mortgage loan.--The term `residential mortgage loan' means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in section 101(53D) of title 11, United States Code. ``(2) Servicer.--The term `servicer' has the same meaning as in section 129A, except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans), if such person also services the loan. ``(3) Short sale.--The term `short sale' means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that-- ``(A) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and ``(B) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder.''.

Stopping Ongoing Lender Delays Act or SOLD Act - Amends the Truth in Lending Act to require each servicer of a home mortgage to respond in writing within 30 days to a mortgagor of a residential mortgage loan who hasrequested in writing a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest securing the mortgage loan. Authorizes an aggrieved individual to bring a civil action for damages and equitable relief for any violation of this Act. Declares this Act inapplicable to certain residential mortgages entered into before its enactment whose mortgage agreements explicitly provide a procedure or terms for a short sale approval.

{"src": "billsum_train", "title": "A bill to amend the Truth in Lending Act to require servicers to provide responses to mortgagors requesting residential mortgage loan refinancing, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korean Human Rights Reauthorization Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 2014, the United Nations Commission of Inquiry (COI) on Human Rights in the Democratic People's Republic of Korea (DPRK) found that the grave human rights violations still being perpetrated against the people of North Korea, due to policies established at the highest level of the state, amount to crimes against humanity. Crimes include forced starvation, sexual violence against women and children, restrictions on freedom of movement, arbitrary detention, torture, executions, and enforced disappearances, among other hardships. (2) The COI also noted that the Government of the People's Republic of China is aiding and abetting in crimes against humanity by forcibly repatriating North Korean refugees back to the DPRK. Upon repatriation, North Koreans are sent to prison camps, tortured, or even executed. The Government of the People's Republic of China's forcible repatriation of North Korean refugees violates its obligation to uphold the principle of non-refoulement, under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). (3) Estimates from the COI suggest that between 80,000 and 120,000 people are believed to be imprisoned in political prison camps in North Korea. Another 70,000 are believed to be held at other detention facilities. Prisoners in both situations are subject to harsh conditions, limited food, sexual abuse, and in most cases hard labor. (4) One of the findings of the COI report was the persecution of religious minorities, especially Christians. There is effectively no freedom of religion in North Korea, only worship of the Kim family. Christians are subjected to particularly acute persecution. It has been reported that Christians in North Korea have been tortured, forcibly detained, and even executed for possessing a Bible or professing Christianity. (5) North Korea profits from its human rights abuses. A 2014 report from the Asian Institute for Policy Studies suggests that there are nearly 50,000 North Korean workers forced to labor overseas, sometimes without compensation, and for as much as 20 hours at a time. Workers that received compensation were not to be paid more than $150 per month, which is between 10 to 20 percent of the value of the labor they performed. Based on this report, the regime may profit as much as $360,000,000 annually from just 50,000 laborers. (6) On July 6, 2016, the United States imposed sanctions on North Korean leader Kim Jong Un and other senior North Korean officials for human rights violations as required by the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114- 122). This was the first time that the United States had designated North Korean officials for human rights abuses. (7) The North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122) requires the President to impose mandatory penalties under United States law on any person that ``knowingly engages in, is responsible for, or facilitates serious human rights abuses by the Government of North Korea''. (8) Although the United States Refugee Admissions Program remains the largest in the world by far, the United States has only resettled 212 refugees from North Korea since the date of the enactment of the North Korea Human Rights Act of 2004 (Public Law 108-333). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States Government should continue to make it a priority to improve information access in North Korea by exploring the use of new and emerging technologies and expanding nongovernmental radio broadcasting to North Korea, including news and information; (2) the United Nations has a significant role to play in promoting and improving human rights in North Korea and should press for access for the Special Rapporteur on the situation of human rights in North Korea as well as the United Nations High Commissioner for Human Rights; (3) because North Koreans fleeing into China face a well- founded fear of persecution upon their forcible repatriation, the United States should urge China to-- (A) immediately halt the forcible repatriation of North Koreans; (B) allow the United Nations High Commissioner for Refugees unimpeded access to North Koreans inside China to determine whether such North Koreans require protection as refugees; (C) fulfill its obligations under the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and the Agreement on the Upgrading of the UNHCR Mission in the People's Republic of China to UNHCR Branch Office in the People's Republic of China (signed December 1, 1995); (D) address the concerns of the United Nations Committee against Torture by incorporating the principle of non- refoulement into Chinese domestic legislation; and (E) recognize the legal status of North Korean women who marry or have children with Chinese citizens, and ensure that all such children are granted resident status and access to education and other public services in accordance with Chinese law and international standards; (4) the President should continue to designate all individuals found to have committed violations described in section 104(a) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 2914(a)), regarding complicity in censorship and human right abuses; (5) the United States currently blocks United States passports from being used to travel to North Korea without a special validation from the Department of State, and the Department of State should continue to take steps to increase public awareness about the risks and dangers of travel by United States citizens to North Korea; (6) the United States should continue to seek cooperation from all foreign governments to allow the United Nations High Commissioner for Refugees (UNHCR) access to process North Korean refugees overseas for resettlement and to allow United States officials access to process refugees for resettlement in the United States (if that is the destination country of the refugees' choosing); and (7) the Secretary of State, through diplomacy by senior officials, including United States ambassadors to Asia-Pacific countries, and in close cooperation with South Korea, should make every effort to promote the protection of North Korean refugees and defectors. SEC. 4. RADIO BROADCASTING TO NORTH KOREA. Section 103(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7813(a)) is amended-- (1) by striking ``that the United States should facilitate'' and inserting the following: ``that the United States should-- ``(1) facilitate''; (2) in paragraph (1), as redesignated by paragraph (1) of this section-- (A) by striking ``radio broadcasting'' and inserting ``broadcasting, including news rebroadcasting,''; and (B) by striking ``increase broadcasts'' and inserting ``increase such broadcasts, including news rebroadcasts,''; and (C) by striking ``Voice of America.'' and inserting the following: ``Voice of America; and''; and (3) by adding at the end the following: ``(2) expand funding for nongovernmental organization broadcasting efforts, prioritizing organizations that engage North Korean defectors in programming and broadcast services.''. SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. Section 104(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814(a)) is amended-- (1) by striking ``The President'' and inserting the following: ``(1) In general.--The President''; (2) by inserting ``, USB drives, micro SD cards, audio players, video players, cell phones, wi-fi, wireless internet, web pages, internet, wireless telecommunications, and other electronic media that shares information'' before the period at the end; and (3) by adding at the end the following: ``(2) Distribution.--In accordance with the sense of Congress described in section 103, the President, acting through the Secretary of State, is authorized to distribute or provide grants to distribute information receiving devices, electronically readable devices, and other informational sources into North Korea, including devices and informational sources specified in paragraph (1). To carry out this paragraph, the President is authorized to issue regulations to facilitate the free-flow of information into North Korea. ``(3) Research and development grant program.--In accordance with the authorization described in paragraphs (1) and (2) to increase the availability and distribution of sources of information inside North Korea, the President, acting through the Secretary of State, is authorized to establish a grant program to make grants to eligible entities to develop or distribute (or both) new products or methods to allow North Koreans easier access to outside information. Such program may involve public-private partnerships. ``(4) Culture.--In accordance with the sense of Congress described in section 103, the Broadcasting Board of Governors may broadcast American, Korean, Chinese, and other popular music, television, movies, and popular cultural references as part of its programming. ``(5) Rights and laws.--In accordance with the sense of Congress described in section 103, the Broadcasting Board of Governors should broadcast to North Korea in the Korean language information on rights, laws, and freedoms afforded through the North Korean Constitution, the Universal Declaration of Human Rights, the United Nations Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, and any other applicable treaties or international agreements to which North Korea is bound. ``(6) Religious minorities.--Efforts to improve information access under this subsection should include religious communities and should be coordinated with the Office of International Religious Freedom to ensure maximum impact in improving the rights of religious persons in North Korea. ``(7) Broadcasting report.--Not later than-- ``(A) 180 days after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Broadcasting Board of Governors, shall submit to the appropriate congressional committees a report that sets forth a detailed plan for improving broadcasting content for the purpose of targeting new audiences and increasing listenership; and ``(B) 1 year after the date of the enactment of this paragraph, and annually thereafter for each of the next 5 years, the Secretary of State, in consultation with the Broadcasting Board of Governors, shall submit to the appropriate congressional committees a report including-- ``(i) a description of the effectiveness of actions taken pursuant to this section, including data reflecting audience and listenership, device distribution and usage, and technological development and advancement usage; ``(ii) the amount of funds expended by the United States Government pursuant to section 403; and ``(iii) other appropriate information necessary to fully inform Congress of efforts related to this section.''. SEC. 6. SENSE OF CONGRESS ON HUMANITARIAN COORDINATION RELATED TO THE KOREAN PENINSULA. Title III of the North Korean Human Rights Act of 2004 (22 U.S.C. 7841 et seq.) is amended by adding at the end the following: ``SEC. 306. SENSE OF CONGRESS ON HUMANITARIAN COORDINATION RELATED TO THE KOREAN PENINSULA. ``It is the sense of Congress that-- ``(1) any instability on the Korean Peninsula could have significant humanitarian and strategic impact on the region and for United States national interests; and ``(2) as such, the United States Government should work with countries sharing a land or maritime border with North Korea to develop long-term whole-of-government plans to coordinate efforts related to humanitarian assistance and human rights promotion and to effectively assimilate North Korean defectors.''. SEC. 7. REAUTHORIZATION PROVISIONS. (a) Support for Human Rights and Democracy Programs.--Section 102 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended-- (1) in subsection (a), by adding at the end the following: ``The President is also authorized to provide grants to entities to undertake research on North Korea's denial of human rights, including on the political and military chains of command responsible for authorizing and implementing systemic human rights abuses, including at prison camps and detention facilities where political prisoners are held.''; and (2) in subsection (b)(1), by striking ``2017'' and inserting ``2022''. (b) Actions To Promote Freedom of Information.--Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) in subsection (b)(1)-- (A) by striking ``$2,000,000'' and inserting ``$3,000,000''; and (B) by striking ``2017'' and inserting ``2022''; and (2) in subsection (c), by striking ``2017'' and inserting ``2022''. (c) Report by Special Envoy on North Korean Human Rights Issues.-- Section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)) is amended by striking ``2017'' and inserting ``2022''. (d) Report on United States Humanitarian Assistance.--Section 201 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831 is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking ``2017'' and inserting ``2022''; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following new subsection: ``(b) Needs Assessment.--The report shall include a needs assessment to inform the distribution of humanitarian assistance inside North Korea.''. (e) Assistance Provided Outside of North Korea.--Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended by striking ``2013 through 2017'' and inserting ``2018 through 2022''. (f) Annual Reports.--Section 305(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in the matter preceding paragraph (1) by striking ``2017'' and inserting ``2022''. SEC. 8. REPORT BY BROADCASTING BOARD OF GOVERNORS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report that-- (1) describes the status of current United States broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea, in accordance with section 103(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7813(a)); and (2) includes a strategy to overcome obstacles to such communication with the North Korean people, including through unrestricted, unmonitored, and inexpensive electronic means. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex. (c) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. SEC. 9. REPEAL OF DUPLICATIVE AUTHORIZATIONS. Section 403 of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C. 9253) is hereby repealed. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

North Korean Human Rights Reauthorization Act of 2017 (Sec. 4) This bill provides for increased dissemination of news and information access to North Korea. The North Korean Human Rights Act of 2004 is amended to include news rebroadcasting in supported broadcasting to North Korea. (Sec. 5) The President may: (1) distribute or provide grants to distribute information receiving devices, electronically readable devices, and other informational sources into North Korea; and (2) provide grants to develop and distribute new products or methods to allow North Koreans easier access to outside information. The Broadcasting Board of Governors may broadcast American, Korean, Chinese, and other popular music, television, movies, and popular cultural references as part of its programming. The board shall broadcast to North Korea in the Korean language information on rights, laws, and freedoms afforded through the North Korean Constitution and through human rights treaties or other international agreements. The bill urges that information access efforts should include religious communities and be coordinated with the Office of International Religious Freedom. (Sec. 7) The President may provide grants for research on North Korea's denial of human rights. The bill extends through FY2022: (1) programs that promote human rights, democracy, the rule of law, and the development of a market economy in North Korea; (2) actions to promote freedom of information in North Korea; and (3) humanitarian assistance to North Koreans who are outside of North Korea without the permission of the government. The bill extends through 2022 annual reporting requirements regarding: (1) freedom of information, (2) North Korean human rights issues, (3) U.S. humanitarian assistance inside North Korea and to North Koreans outside of North Korea, and (4) the number of North Koreans seeking refugee status or political asylum in the United States.

{"src": "billsum_train", "title": "North Korean Human Rights Reauthorization Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``COLA Fairness Act of 2001''. SEC. 2. REGIONAL CONSUMER PRICE INDEX. (a) Recognition of Regions.--The Bureau of Labor Statistics of the Department of Labor shall establish and publish a mapping of the United States under which 14 regions are recognized comprising the United States. Each region shall include one of the cities listed in subsection (b). (b) Specified Cities.--The cities specified in this subsection are the following: (1) Atlanta, Georgia; (2) Boston, Massachusetts; (3) Chicago, Illinois; (4) Cleveland, Ohio; (5) Dallas, Texas; (6) Detroit, Michigan; (7) Philadelphia, Pennsylvania; (8) Houston, Texas; (9) Los Angeles, California; (10) Miami, Florida; (11) New York, New York; (12) San Francisco, California; (13) Seattle, Washington; and (14) Washington, District of Columbia. (c) Establishment of Regional Consumer Price Indices.--The Bureau shall establish and publish for each region recognized pursuant to subsection (a) a monthly index for the region, to be known as the ``Regional Consumer Price Index'' for the region, that indicates changes over time in expenditures for consumption which are typical for individuals residing in the region. (d) Effective Date.--The preceding provisions of this section shall apply with respect to calendar months beginning on or after January 1, 2003. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 3. COMPUTATION OF SOCIAL SECURITY COST-OF-LIVING INCREASES. (a) Amendments to Title II.-- (1) In general.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (A) in paragraph (1)(G), by inserting before the period the following: ``, and, with respect to an individual who, at the time he initially becomes eligible for old-age insurance benefits or disability insurance benefits (or dies before initially becoming so eligible), resides in a region of the United States recognized by the Bureau of Labor Statistics pursuant to section 2(a) of the COLA Fairness Act of 2001, the applicable Consumer Price Index shall be deemed to be the Regional Consumer Price Index for such region''; and (B) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3(a) of the COLA Fairness Act of 2001,''. (2) Conforming amendments relating to applicable former law.--Section 215(i)(4) of such Act (42 U.S.C. 415(i)(4)) is amended by adding at the end the following new sentence: ``For purposes of computing adjustments under this subsection as so in effect, the applicable Consumer Price Index shall be deemed to be the Regional Consumer Price Index for the region in which such individual resides at the time he becomes eligible for old-age insurance benefits or disability insurance benefits (or dies before initially becoming so eligible).''. (b) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended-- (1) in section 1814(i)(2)(B), by inserting ``(i) for accounting years ending before October 1 of the second calendar year following the calendar year in which the COLA Fairness Act of 2001 was enacted,'' after ``for a year is'', and by inserting after ``fifth month of the accounting year'' the following: ``, and (ii) for accounting years ending after October 1 of such calendar year, the cap amount determined under clause (i) for the last accounting year referred to in such clause, increased or decreased by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category (or corresponding category) of the applicable consumer price index, published by the Bureau of Labor Statistics, from March of such calendar year to the fifth month of the accounting year''; (2) in section 1833(h)(2)(A)(i), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``applicable consumer price index''; (3) in section 1833(i)(2)(C), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``applicable consumer price index''; (4) in section 1834(a)(14)(F), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``applicable consumer price index''; (5) in section 1834(h)(4)(A)(viii), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``applicable consumer price index''; (6) in section 1834(l)(3)(A), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``applicable consumer price index''; (7) in section 1834(l)(3)(B), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``applicable consumer price index''; (8) in section 1842(s)(1), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``applicable consumer price index''; and (9) in section 1886(h)(5)(B), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``applicable consumer price index''. (b) Definition of Applicable Consumer Price Index.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Applicable Consumer Price Index ``(uu) The term `applicable consumer price index' means, in connection with any person affected by an adjustment to be made under this title based on such index, the Regional Consumer Price Index (as prescribed from time to time by the Bureau of Labor Statistics pursuant to section 2(c) of the COLA Fairness Act of 2001) for the region in which such person resides (in the case of an individual) or maintains principal offices (in any other case) at the time the adjustment takes effect. The Secretary of Health and Human Services shall prescribe by regulation, in connection with each requirement for an adjustment under this title based a Regional Consumer Price Index, the manner in which such adjustment is to be determined to affect particular persons for purposes of this subsection.''. (c) Effective Date.--The amendments made by this section shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.

COLA Fairness Act of 2001 - Requires the Bureau of Labor Statistics of the Department of Labor to establish, for 14 specified regions in the United States, monthly regional consumer price indices for computation of cost-of-living increases for Social Security and Medicare (title XVIII of the Social Security Act) benefits.

{"src": "billsum_train", "title": "To require the establishment of regional consumer price indices to compute cost-of-living increases under the programs for Social Security and Medicare and other medical benefits under titles II and XVIII of the Social Security Act."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Egypt Accountability and Democracy Promotion Act''. SEC. 2. DECLARATION OF POLICY. The policy of the United States shall be to use its foreign assistance for Egypt, including the ``Foreign Military Financing'' program, to advance United States national security interests in Egypt, including encouraging the advancement of political, economic, and religious freedom in Egypt. SEC. 3. LIMITATION ON SECURITY ASSISTANCE TO THE GOVERNMENT OF EGYPT. (a) Limitation.--Of the amounts available for assistance for Egypt under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the ``Foreign Military Financing'' program)-- (1) 10 percent of that amount shall be withheld from the Government of Egypt unless, not later than 30 days after the enactment of this Act, the Secretary of State has made the certification described in subsection (c); (2) 50 percent of that amount shall be withheld from the Government of Egypt if a further period of 30 days has elapsed immediately following the 30-day period described in paragraph (1) without a certification described in subsection (c) being in effect; and (3) 100 percent of that amount shall be withheld from the Government of Egypt if a further period of 120 days has elapsed immediately following the 30-day period described in paragraph (2) without a certification described in subsection (c) being in effect. (b) Report.--If the Secretary of State is unable to make the certification described in subsection (c) and applies the withholding of funds described in paragraph (1), (2), or (3) of subsection (a), as the case may be, the Secretary shall transmit to the appropriate congressional committees a report that contains the reasons therefor. (c) Certification.--A certification described in this subsection is a certification transmitted by the Secretary of State to the appropriate congressional committees that contains a determination of the Secretary that-- (1)(A) the Government of Egypt is not directly or indirectly controlled by or under the influence of a foreign terrorist organization, its affiliates, or its supporters; and (B) no member, affiliate, or supporter of a foreign terrorist organization serves in a policy-making position in a ministry, agency, or instrumentality of the Government of Egypt; (2) the Government of Egypt-- (A) has adopted and fully implemented legal reforms that protect the political, economic, and religious freedoms and human rights of all citizens and residents of Egypt; and (B) is not acting to restrict the political, economic, or religious freedoms and human rights of the citizens and residents of Egypt; (3) the Government of Egypt is fully implementing the Israel-Egypt Peace Treaty; and (4) the Government of Egypt is taking concrete, verifiable steps to detect and destroy the smuggling network and tunnels between Egypt and the Gaza Strip and to crack down on violent extremist groups and activities in the Sinai Peninsula. (d) Recertifications.--Not later than 90 days after the date on which the Secretary of State transmits to the appropriate congressional committees an initial certification under subsection (c), and every 6 months thereafter-- (1) the Secretary shall transmit to the appropriate congressional committees a recertification that the requirements contained in subsection (c) are continuing to be met; or (2) if the Secretary is unable to make such a recertification, the Secretary shall apply the withholding of funds described in paragraph (1), (2), or (3) of subsection (a), as the case may be, and the Secretary shall transmit to the appropriate congressional committees a report that contains the reasons therefor. (e) Waiver.--The Secretary of State may waive the limitation in subsection (a)(3) for one or more 90-day periods with respect to up to 50 percent of the amount required to be withheld under such subsection if, for each such 90-day period, the Secretary determines and certifies to the appropriate congressional committees that it is in the national security interests of the United States to do so and transmits to the appropriate congressional committees a report with detailed reasoning for the determination and certification. (f) Transfer of Certain Interest for Egypt.--Any interest earned from amounts in an interest bearing account for Egypt to which funds made available under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the ``Foreign Military Financing'' program) shall be-- (1) transferred to and consolidated with amounts available for assistance for the Middle East Partnership Initiative under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the ``Economic Support Fund''); and (2) allocated for democracy and governance programs for Egypt, including direct support for secular, democratic nongovernmental organizations. (g) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that includes the following: (1) A description of the strategic objectives of the United States regarding the provision of United States security assistance to the Government of Egypt. (2) A description of biennial outlays of United States security assistance to the Government of Egypt for the purposes of strategic planning, training, provision of equipment, and construction of facilities, including funding streams. (3) A description of vetting and end-user monitoring systems in place by both Egypt and the United States for defense articles and training provided by the United States, including human rights vetting. (4) A description of actions that the Government of Egypt is taking to-- (A) fully implement the Egypt-Israel peace treaty; (B) detect and destroy the smuggling network and tunnels between Egypt and the Gaza Strip and to crack down on violent extremist groups and activities in the Sinai Peninsula; (C) repudiate, combat, and stop incitement to violence against the United States and United States citizens and prohibit the transmission within its domains of satellite television or radio channels that broadcast such incitement; and (D) adopt and implement legal reforms that protect the religious and democratic freedoms of all citizens and residents of Egypt. (5) Recommendations, including with respect to required resources and actions, to maximize the effectiveness of United States security assistance provided to Egypt. (h) GAO Report.--Not later than 120 days after the date of the submission of the report required under subsection (f), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that-- (1) reviews and comments on the report required under subsection (f); and (2) provides recommendations regarding additional actions with respect to the provision of United States security assistance to Egypt, if necessary. (i) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Foreign Relations of the Senate. SEC. 4. LIMITATION ON ECONOMIC ASSISTANCE TO EGYPT. (a) Limitation.--Of the amounts available for assistance for Egypt under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the ``Economic Support Fund''), none of that amount may be provided for direct or indirect assistance to the Government of Egypt unless a certification described in section 3(c) is in effect. (b) Reallocation.--During a period in which a certification described in section 3(c) is not in effect, amounts that may not be provided for direct or indirect assistance to the Government of Egypt pursuant to the limitation under subsection (a) shall be reallocated for democracy and governance programs for Egypt, including direct support for secular, democratic nongovernmental organizations, as well as programming and support for rule of law and human rights, good governance, political competition and consensus-building, and civil society. SEC. 5. GOVERNMENT OF EGYPT DEFINED. In this Act, the term ``Government of Egypt'' means any person, agent, instrumentality, or official of, is affiliated with, or is serving as a representative of the Government of Egypt.

Egypt Accountability and Democracy Promotion Act - States that U.S. policy shall be to use its foreign assistance for Egypt to advance U.S. national security interests in Egypt, including encouraging the advancement of political, economic, and religious freedom in Egypt. Limits specified security and economic assistance to Egypt unless the Secretary of State certifies to Congress every six months that the Egyptian government: (1) is not controlled by or under the influence of a foreign terrorist organization, or that no supporter of a foreign terrorist organization serves in a policy-making position in the government; (2) has implemented legal reforms that protect the political, economic, and religious freedoms and human rights of all citizens and residents of Egypt; (3) is fully implementing the Israel-Egypt Peace Treaty; and (4) is taking verifiable steps to destroy the smuggling network and tunnels between Egypt and the Gaza Strip, and is cracking down on extremist groups in the Sinai Peninsula. Provides for a limited national security waiver of such restrictions. Sets forth reporting requirements.

{"src": "billsum_train", "title": "To condition security assistance and economic assistance to the Government of Egypt in order to advance United States national security interests in Egypt, including encouraging the advancement of political, economic, and religious freedom in Egypt."}

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Family Values Tax Relief Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REPEAL OF OVERALL LIMITATION ON ITEMIZED DEDUCTIONS. (a) In General.--Section 68 (relating to overall limitation on itemized deductions) is hereby repealed. (b) Technical Amendments.-- (1) Subparagraph (A) of section 1(f)(6) is amended by striking ``section 68(b)(2)''. (2) Paragraph (1) of section 56(b) is amended by striking subparagraph (F). (3) Subparagraph (B) of section 773(a)(3) is amended by striking clause (i) and by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. (4) The table of sections for part I of subchapter B of chapter 1 is amended by striking the item relating to section 68. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. REPEAL OF PHASEOUT OF PERSONAL EXEMPTIONS. (a) In General.--Subsection (d) of section 151 (relating to exemption amount) is amended by striking paragraph (3). (b) Technical Amendments.-- (1) Paragraph (6) of section 1(f) is amended-- (A) by striking ``section 151(d)(4)'' in subparagraph (A) and inserting ``section 151(d)(3)'', and (B) by striking ``section 151(d)(4)(A)'' in subparagraph (B) and inserting ``section 151(d)(3)''. (2) Paragraph (4) of section 151(d) is amended to read as follows: ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 1989, the dollar amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 1988' for `calendar year 1992' in subparagraph (B) thereof.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. REPEAL OF ADJUSTED GROSS INCOME LIMITATION IN CHILD TAX CREDIT. (a) In General.--Section 24 (relating to child tax credit) is amended by striking subsection (b) and by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. (b) Conforming Amendment.--Clause (ii) of section 32(n)(1)(B) is amended by striking ``section 24(d)'' and inserting ``section 24(c)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 5. REPEAL OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS. (a) In General.--Subsection (a) of section 55 (relating to alternative minimum tax imposed) is amended by adding at the end the following new flush sentence: ``Except in the case of a corporation, no tax shall be imposed by this section for any taxable year beginning after December 31, 2000, and the tentative minimum tax of any taxpayer other than a corporation shall be zero for purposes of this title.'' (b) Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) is amended by adding ``and'' at the end of clause (i), by striking ``, and'' at the end of clause (ii) and inserting a period, and by striking clause (iii). (2) Section 2(d) is amended by striking ``sections 1 and 55'' and inserting ``section 1''. (3) Section 5(a) is amended by striking paragraph (4). (4) Subsection (c) of section 24, as redesignated by section 4, is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (5)(A) Subsection (a) of section 26 is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the taxpayer's regular tax liability for the taxable year.'' (B) Subsection (c) of section 26 is amended by inserting before the period ``; except that such amount shall be treated as being zero in the case of a taxpayer other than a corporation.'' (6) Paragraph (6) of section 29(b) is amended to read as follows: ``(6) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and section 27. In the case of a corporation, the limitation under the preceding sentence shall be reduced (but not below zero) by the tentative minimum tax for the taxable year.''. (7) Paragraph (3) of section 30(b) is amended to read as follows: ``(3) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27 and 29. In the case of a corporation, the limitation under the preceding sentence shall be reduced (but not below zero) by the tentative minimum tax for the taxable year.''. (8) Section 32 is amended by striking subsection (h). (9) Subsection (d) of section 53(d) is amended to read as follows: ``(d) Definitions.--For purposes of this section-- ``(1) Net minimum tax.--The term `net minimum tax' means the tax imposed by section 55 increased by the amount of the credit not allowed under section 29 (relating to credit for producing fuel from a nonconventional source) solely by reason of the application of the last sentence of section 29(b)(6), or not allowed under section 30 solely by reason of the application of the last sentence of section 30(b)(3). ``(2) Tentative minimum tax.--The term `tentative minimum tax' has the meaning given to such term by section 55(b); except that such tax shall be treated as being zero in the case of a taxpayer other than a corporation.''. (10)(A) Subsection (b) of section 55 (relating to alternative minimum tax imposed) is amended to read as follows: ``(b) Tentative Minimum Tax.--For purposes of this part-- ``(1) Amount of tentative tax.--The tentative minimum tax for the taxable year is-- ``(A) 20 percent of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by ``(B) the alternative minimum tax foreign tax credit for the taxable year. ``(2) Alternative minimum taxable income.--The term `alternative minimum taxable income' means the taxable income of the taxpayer for the taxable year-- ``(A) determined with the adjustments provided in section 56, and ``(B) increased by the amount of the items of tax preference described in section 57. If a taxpayer is subject to the regular tax, such taxpayer shall be subject to the tax imposed by this section (and, if the regular tax is determined by reference to an amount other than taxable income, such amount shall be treated as the taxable income of such taxpayer for purposes of the preceding sentence).''. (B) Subsection (d) of section 55 is amended to read as follows: ``(d) Exemption Amount.--For purposes of this section-- ``(1) In general.--The term `exemption amount' means $40,000. ``(2) Phase-out of exemption amount.--The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount equal to 25 percent of the amount by which the alternative minimum taxable income of the taxpayer exceeds $150,000.''. (11)(A) Paragraph (6) of section 56(a) is amended to read as follows: ``(6) Adjusted basis.--The adjusted basis of any property to which paragraph (1) or (5) applies (or with respect to which there are any expenditures to which paragraph (2) applies) shall be determined on the basis of the treatment prescribed in paragraph (1), (2), or (5), whichever applies.''. (B) Section 56 is amended by striking subsection (b). (C) Subsection (c) of section 56 is amended by striking so much of the subsection as precedes paragraph (1), by redesignating paragraphs (1), (2), and (3) as paragraphs (8), (9), and (10), respectively, and moving them to the end of subsection (a). (D) Paragraph (8) of section 56(a), as redesignated by subparagraph (C), is amended by striking ``subsection (g)'' and inserting ``subsection (c)''. (E) Section 56 is amended by striking subsection (e) and by redesignating subsections (d) and (g) as subsections (b) and (c), respectively. (12)(A) Section 58 is hereby repealed. (B) Clause (i) of section 56(b)(2)(A) (as redesignated by paragraph (11)(E)), is amended by inserting ``, in the case of taxable years beginning before January 1, 2001,'' before ``section 58''. (C) Subsection (h) of section 59 is amended-- (i) by striking ``, 465, and 1366(d)'' and inserting ``and 465'', and (ii) by striking ``56, 57, and 58'' and inserting ``56 and 57''. (13)(A) Subparagraph (C) of section 59(a)(1) is amended by striking ``subparagraph (A)(i) or (B)(i) of section 55(b)(1) (whichever applies)'' and inserting ``section 55(b)(1)(A)''. (B) Paragraph (3) of section 59(a) is amended to read as follows: ``(3) Pre-credit tentative minimum tax.--For purposes of this subsection, the term `pre-credit tentative minimum tax' means the amount determined under section 55(b)(1)(A).''. (C) Section 59 is amended by striking subsection (c). (D) Section 59 is amended by striking subsection (j). (14) Paragraph (7) of section 382(l) is amended by striking ``section 56(d)'' and inserting ``section 56(b)''. (15) Paragraph (2) of section 641(c) is amended by striking subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (16) Subsections (b) and (c) of section 666 are each amended by striking ``(other than the tax imposed by section 55)''. (17) Subsections (c)(5) and (d)(3)(B) of section 772 are each amended by striking ``56, 57, and 58'' and inserting ``56 and 57''. (18) Sections 847 and 848(i) are each amended by striking ``section 56(g)'' and inserting ``section 56(c)''. (19) Sections 871(b)(1) and 877(b) are each amended by striking ``or 55''. (20) Subsection (a) of section 897 is amended to read as follows: ``(a) General Rule.--For purposes of this title, gain or loss of a nonresident alien individual or a foreign corporation from the disposition of a United States real property interest shall be taken into account-- ``(1) in the case of a nonresident alien individual, under section 871(b)(1), or ``(2) in the case of a foreign corporation, under section 882(a)(1), as if the taxpayer were engaged in a trade or business within the United States during the taxable year and as if such gain or loss were effectively connected with such trade or business.''. (21) Paragraph (1) of section 962(a) is amended by striking ``sections 1 and 55'' and inserting ``section 1''. (22) Paragraph (1) of section 1397E(c) is amended to read as follows: ``(1) the regular tax liability (as defined in section 26(b), over''. (23) The last sentence of section 1563(a) is amended by striking ``section 55(d)(3)'' and inserting ``section 55(d)(2)''. (24) Subparagraph (B) of section 6015(d)(2) is amended by striking ``or 55''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Family Values Tax Relief Act of 2001 - Amends the Internal Revenue Code to repeal the: (1) overall limitation on itemized deductions; (2) phaseout of personal exemptions; and (3) adjusted gross income limitation on the child tax credit; and (4) alternative minimum tax on individuals.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the adjusted gross income limitations on itemized deductions, the personal exemption deduction, and the child tax credit and to repeal the alternative minimum tax on individuals."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Terrorism Protection of Mass Transportation and Railroad Carriers Act of 2003''. SEC. 2. ATTACKS AGAINST MASS TRANSPORTATION SYSTEMS AND RAILROAD CARRIERS. (a) In general.--Chapter 97 of title 18, United States Code, is amended by striking sections 1992 and 1993 and inserting the following: ``Sec. 1992. Terrorist attacks and other acts of violence against mass transportation systems on land, on water, or through the air, and against railroad carriers ``(a) General Prohibitions.--Whoever willfully-- ``(1) wrecks, derails, sets fire to, or disables a mass transportation vehicle or ferry, or a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier; ``(2) places or causes to be placed any biological agent or toxin, destructive substance, or destructive device in, upon, or near a mass transportation vehicle or ferry, or a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier, without previously obtaining the permission of the mass transportation provider or railroad carrier, and with intent to endanger the safety of any passenger or employee of such a provider or carrier, or with a reckless disregard for the safety of human life; ``(3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places or causes to be placed any biological agent or toxin, destructive substance, or destructive device in, upon, or near any-- ``(A) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle or ferry used, operated, or employed by a mass transportation provider; or ``(B) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, without previously obtaining the permission of the railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier; ``(4) removes an appurtenance from, damages, or otherwise impairs the operation of a mass transportation signal or dispatching system or railroad signal system, including a train control system, centralized dispatching system, or highway- railroad grade crossing warning signal, without authorization from the mass transportation provider or railroad carrier; ``(5) interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, or maintaining a mass transportation vehicle or ferry, or a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, with intent to endanger the safety of any passenger or employee of a mass transportation provider or railroad carrier, or with a reckless disregard for the safety of human life; ``(6) commits an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to an employee or passenger of a mass transportation provider or railroad carrier, or any other person while any of the foregoing is on the property of a mass transportation provider or railroad carrier; ``(7) conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to do any act which would be a crime prohibited by this subsection; ``(8) causes the release of a hazardous material or a biological agent or toxin on the property of a mass transportation provider or railroad carrier, with the intent to endanger the safety of any person or with a reckless disregard for the safety of human life; or ``(9) attempts, threatens, or conspires to do any of the acts described in paragraphs (1) through (8), shall be fined under this title or imprisoned not more than 20 years, or both, if the act is committed, or, in the case of an attempt, threat, or conspiracy to do an act enumerated in paragraphs (1) through (8), it would be committed, on, against, or affecting a mass transportation provider or railroad carrier engaged in or affecting interstate or foreign commerce, or if that person travels or communicates across a State line in order to commit an act enumerated in paragraphs (1) through (9), or transports materials across a State line in aid of the commission of an act enumerated in paragraphs (1) through (9). ``(b) Aggravated Offense.--Whoever commits an offense under subsection (a) of this section in a circumstance in which-- ``(1) the mass transportation vehicle or ferry, or train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, was carrying a passenger at the time of the offense; ``(2) the mass transportation vehicle or ferry, or train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense; ``(3) the mass transportation vehicle or ferry, or train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment, was carrying a hazardous material listed in table 1 of section 172.504 of title 49, Code of Federal Regulations, at the time of the offense; or ``(4) the offense has resulted in the death of any person, shall be guilty of an aggravated form of the offense and shall be fined under this title or imprisoned for any term of years or life, or both; and, in the case of a violation described in paragraph (2), the term of imprisonment shall be not less than 30 years; and, in the case of a violation described in paragraph (4), shall be subject to the death penalty or to imprisonment for life. ``(c) Conspiracy.--A person who conspires to commit any offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy. ``(d) Nonapplicability.--Provisions of subsections (a) and (c) of this section do not apply to the act of an entity with respect to a destructive substance or destructive device that is also classified as a hazardous material in commerce if the act-- ``(1) complies with chapter 51 of title 49 and regulations, exemptions, approvals, and orders issued under that chapter; or ``(2) constitutes a violation of chapter 51 of title 49 or a regulation or order issued under that chapter, but not a criminal violation of that chapter, regulation, or order. ``(e) Definitions.--In this section-- ``(1) the term `biological agent' has the meaning given to that term in section 178(1) of this title; ``(2) the term `dangerous weapon' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 2\1/2\ inches in length and a box cutter; ``(3) the term `destructive device' has the meaning given to that term in section 921(a)(4) of this title; ``(4) the term `destructive substance' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term `radioactive device' does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes; ``(5) the term `hazardous material' has the meaning given to that term in chapter 51 of title 49; ``(6) the term `high-level radioactive waste' has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)); ``(7) the term `mass transportation' has the meaning given to that term in section 5302(a)(7) of title 49, United States Code, except that the term shall include school bus, charter, and sightseeing transportation; ``(8) the term `on-track equipment' means a carriage or other contrivance that runs on rails or electromagnetic guideways; ``(9) the term `railroad' has the meaning given to that term in chapter 201 of title 49; ``(10) the term `railroad carrier' has the meaning given to that term in chapter 201 of title 49; ``(11) the term `serious bodily injury' has the meaning given to that term in section 1365 of this title; ``(12) the term `spent nuclear fuel' has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)); ``(13) the term `State' has the meaning given to that term in section 2266 of this title; ``(14) the term `toxin' has the meaning given to that term in section 178(2) of this title; and ``(15) the term `vehicle' means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air.''. (b) Conforming Amendments.-- (1) Chapter.--The chapter analysis for chapter 97 of title 18, United States Code, is amended-- (A) by striking ``RAILROADS'' in the chapter heading and inserting ``MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR, AND RAILROAD CARRIERS''; (B) by striking the items relating to sections 1992 and 1993; and (C) by inserting after the item relating to section 1991 the following: ``1992. Terrorist attacks and other acts of violence against mass transportation systems on land, on water, or through the air, and against railroad carriers.''. (2) Part.--The chapter analysis for part I of title 18, United States Code, is amended by striking the item relating to chapter 97 and inserting the following: ``97. Mass transportation systems on land, on water, or 1991''. through the air, and railroad carriers. (3) Conforming amendments.--The following sections of title 18, United States Code, are amended as follows: (A) Section 2332b(g)(5)(B)(i) is amended by striking ``1992 (relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems),'' and inserting ``1992 (relating to terrorist attacks and other acts of violence against railroad carriers and mass transportation systems on land, on water, or through the air),''. (B) Section 2339A is amended by striking ``1993,''. (C) Section 2516(1)(c) is amended by striking ``1992 (relating to wrecking trains),'' and inserting ``1992 (relating to terrorist attacks and other acts of violence against railroad carriers and mass transportation systems on land, on water, or through the air),''. SEC. 3. INCLUSION OF TERRORISM CRIMES AS SURVEILLANCE PREDICATES. (a) Authorization for Interruption.--Section 2516 of title 18, United States Code, is amended-- (1) in subsection (1)-- (A) in paragraph (c)-- (i) by inserting before ``section 1992 (relating to wrecking trains)'' the following: ``section 37 (relating to violence at international airports), section 930(c) (relating to attack on Federal facility with firearm), section 956 (conspiracy to harm persons or property overseas),''; and (ii) by inserting before ``a felony violation of section 1028'' the following: ``section 1993 (relating to mass transportation systems),''. (B) in paragraph (q), by striking all that follows the first semicolon; (C) by redesignating paragraph (r) as paragraph (s); and (D) by inserting after paragraph (q) the following: ``(r) an offense listed in section 2332b(g)(5)(B), an offense involved in or related to domestic or international terrorism as defined in section 2331, or a criminal violation of section 2332d; or''; and (2) in subsection (2), by inserting ``an offense listed in section 2332b(g)(5)(B), an offense involved in or related to domestic or international terrorism as defined in section 2331, or'' after ``the commission of''. (b) Procedure for Interruption.--Section 2518(7)(a) of title 18, United States Code, is amended-- (1) by redesignating subparagraphs (ii) and (iii) as subparagraphs (iii) and (iv) respectively; and (2) by inserting after subparagraph (i) the following: ``(ii) an offense listed in section 2332b(g)(5)(B), an offense involved in or related to domestic or international terrorism as defined in section 2331, or an attempt or conspiracy to commit such an offense,''. (c) Pen Register.--Section 3125(a)(1) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) by redesignating subparagraph (B) as subparagraph (D); and (3) by inserting after subparagraph (A) the following: ``(B) an offense listed in section 2332b(g)(5)(B), or an offense involved in or related to domestic or international terrorism as defined in section 2331, or an attempt or conspiracy to commit such an offense; ``(C) conspiratorial activities threatening the national security interest; or''. (d) Definitions.--Section 3127(2)(A) of title 18, United States Code, is amended to read as follows: ``(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that-- ``(i) has jurisdiction over the offense being investigated; ``(ii) is in or for a district in which the provider of wire or electronic communication service is located; or ``(iii) is in or for a district in which a landlord, custodian, or other person subject to section 3124(a) or (b) is located; or''. (e) Acts of Terrorism.--Section 2332b(g)(5)(A) of title 18, United States Code, is amended to read as follows: ``(A) appears by its nature or context to be intended-- ``(i) to intimidate or coerce a civilian population; ``(ii) to influence the policy of a government by intimidation or coercion; or ``(iii) to affect the conduct of a government by mass destruction, assassination, or kidnaping; and''. (f) International Terrorism.--Paragraphs (1)(B) and (5)(B) of section 2331 of title 18, United States Code, are each amended by inserting ``by their nature or context'' after ``appear''.

Anti-Terrorism Protection of Mass Transportation and Railroad Carriers Act of 2003 - Amends the Federal criminal code to prohibit specified attacks and acts of violence against mass transportation systems and against railroad carriers, including derailing a train, placing a biological agent or toxin in or near a mass transportation vehicle, setting fire to a terminal, committing an act with intent to cause serious bodily injury to a railroad employee, and conveying false information concerning an attempt to commit such a crime. Lists circumstances resulting in aggravated offenses. Sets penalties for violations. Authorizes: (1) the interception of wire, oral, or electronic communications in cases involving domestic or international terrorism and involving other specified offenses (such as violence at international airports, an attack on a Federal facility with a firearm, and conspiracy to harm persons or property overseas); and (2) the use of an emergency pen register or trap and trace device in cases involving domestic or international terrorism or conspiratorial activities threatening the national security interest. Modifies the definition of: (1) "Federal crime of terrorism" to include an offense that appears by its nature or context to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by mass destruction, assassination, or kidnaping; and (2) "international terrorism" to include listed actions that appear "by their nature or context" to be intended to intimidate, influence, or affect governmental conduct.

{"src": "billsum_train", "title": "A bill to increase the penalties for terrorism against mass transportation and railroads and provide law enforcement with the tools to combat and prevent attacks on mass transportation and railroads."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountable Budgeting Commission Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) President Lyndon Johnson created the Commission on Budget Concepts in 1967 by executive order to assess the basic budget concepts that underlie the Federal budget process; (2) the Commission's report provided a common framework for the development, presentation, and execution of the Federal budget for the ensuing decades; (3) since the release of that report, the Government has experienced major changes in the scope of its financial commitments, the nature of its various budget transactions, the role of Congress in budget decisions, and the imposition of special controls over spending and revenue; and (4) in view of these changes, a new Accountable Budgeting Commission should be created to assess the present state of budget concepts and forge a bipartisan consensus for necessary changes. (b) Purpose.--The purpose of this Act is to establish the Accountable Budgeting Commission to review, evaluate, and make recommendations respecting the budget concepts that underlie the Federal budget and the Federal budget process. SEC. 3. ESTABLISHMENT OF ACCOUNTABLE BUDGETING COMMISSION. There is established a commission to be known as the Accountable Budgeting Commission (hereinafter referred to as the ``Commission''). SEC. 4. POWERS AND DUTIES OF COMMISSION. (a) Duties of the Commission.-- (1) The duties of the Commission shall include-- (A) an identification of activities, entities, and transactions to be included in the Federal budget and the criteria for making such determinations; (B) an assessment of the appropriate measures of Federal financial commitments to allocate resources and establish fiscal policy; (C) an evaluation of the differences between user fees and revenue, and between various forms of user fees, and the circumstances when such fees should be accounted for as offsetting spending or adding to revenue; (D) an appraisal of the appropriate usage of cash and accrual-based measures for various types of Federal financial commitments, such as Government insurance, loan guarantees, and leasing; (E) recommendations of the appropriate means for recognizing the cost of acquisition and disposition of various types of nonfinancial assets; (F) an evaluation of appropriate measures of Federal debt, borrowing, and means of financing; (G) an assessment of the adequacy of the current account and fund structure for recording revenue and expenditures for specific classes of governmental activities; (H) recommendations for changes in Federal budget practices to accommodate the Federal Accounting Standards Advisory Board's recommended accounting standards; (I) recommendations for changes in budget practices to reflect the Government's multi-year acquisitions; (J) the appropriate means of accounting for the financial risk the Government incurs from contractual and implied commitments; and (K) an evaluation of the usage of dynamic scoring analysis. (2) Exceptions.--Notwithstanding paragraph (1), the Commission shall make no findings, conclusions, or recommendations respecting the following: (A) Social security and medicare. (B) Government-sponsored enterprises. (b) Powers of the Commission.-- (1) Conduct of business.--The Commission may hold hearings, take testimony, receive evidence, and undertake such other activities necessary to carry out its duties. (2) Access to information.--The Commission may secure directly from any department or agency of the United States information necessary to carry out its duties. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (3) Postal service.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 5. MEMBERSHIP. (a) Membership.--The Commission shall be composed of 12 voting members and 4 nonvoting members, as follows: (1) Two members appointed by the chairman of the Committee on the Budget of the Senate. (2) Two members appointed by the chairman of the Committee on the Budget of the House of Representatives. (3) Two members appointed by the ranking member of the Committee on the Budget of the Senate. (4) Two members appointed by the ranking member of the Committee on the Budget of the House of Representatives. (5) One member appointed by the Speaker of the House of Representatives. (6) One member appointed by the President of the Senate. (7) One member appointed by the minority leader of the House of Representatives. (8) One member appointed by the minority leader of the Senate. (9) The Director of the Office of Management and Budget (or his designee), who shall be a nonvoting member. (10) The Secretary of the Treasury (or his designee), who shall be a nonvoting member. (11) The Comptroller General of the United States (or his designee), who shall be a nonvoting member. (12) The Director of the Congressional Budget Office (or his designee), who shall be a nonvoting member. (b) Qualifications and Term.-- (1) Qualifications.--Members appointed to the Commission pursuant to subsection (a) shall-- (A) have expertise and experience in the fields or disciplines related to the subject areas to be considered by the Commission; and (B) not be Members of Congress, or officers or employees of the Government (other than those nonvoting members described in paragraphs (9) through (12) of subsection (a)). (2) Term of appointment.--The term of an appointment to the Commission shall be for the life of the Commission. (3) Chair and vice chair.--A Chair and Vice Chair shall be elected from among the voting members of the Commission. The Vice Chair shall assume the duties of the Chair in the Chair's absence. (c) Meetings; Quorum; and Vacancies.-- (1) Meetings.--The Commission shall meet at least once a month on a day to be decided by the Commission. The Commission may meet at such other times at the call of the Chair or of a majority of its voting members. The meetings of the Commission shall be open to the public, unless by public vote, the Commission shall determine to close a meeting or any portion of a meeting to the public. (2) Quorum.--A majority of the voting membership shall constitute a quorum of the Commission, except that 3 or more voting members may conduct hearings. (3) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was filled under subsection (a). (d) Compensation and Expenses.--Members of the Commission shall serve without pay for their service on the Commission, but may receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code. SEC. 6. STAFF AND SUPPORT SERVICES. (a) Staff.--With the advance approval of the Commission, the executive director may appoint such personnel as is appropriate. The staff of the Commission shall be appointed without regard to political affiliation and without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classifications and General Schedule pay rates. (b) Executive Director.--The Chairman shall appoint an executive director, who shall be paid the rate of basic pay for level II of the Executive Schedule. (c) Experts and Consultants.--With the advance approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Technical and Administrative Assistance.--Upon the request of the Commission-- (1) the head of any agency, office, or establishment within the executive or legislative branches of the United States shall provide, without reimbursement, such technical assistance as the Commission determines is necessary to carry out its duties; and (2) the Administrator of the General Services Administration shall provide, on a reimbursable basis, such administrative support services as the Commission may require. (e) Detail of Federal Personnel.--Upon the request of the Commission, the head of an agency, office, or establishment in the executive or legislative branch of the United States is authorized to detail, without reimbursement, any of the personnel of that agency, office, or establishment to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the employment status or privileges of that employee. (f) CBO and OMB.--The Directors of the Congressional Budget Office and the Office of Management and Budget shall provide the Commission with their latest research on the accuracy of its past budget and economic projections. The Commission shall work with the Directors of the Congressional Budget Office and the Office of Management and Budget in their efforts to explain the factors affecting the accuracy of budget projections. SEC. 7. REPORT. Not later than one year after the date of enactment of this Act, the Commission shall transmit a report to the President and to each House of Congress. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative or administrative actions as it considers appropriate. No finding, conclusion, or recommendation may be made by the Commission unless approved by a majority of those voting and at least two members serving under paragraph (1) or (4) of such section, a quorum being present. At the request of any Commission member, the report shall include that member's dissenting findings, conclusions, or recommendations. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the date of transmission of the report required in section 7. SEC. 9. FUNDING. There are authorized to be appropriated not more than $1,500,000 to carry out this Act. Sums so appropriated shall remain available until expended.

Accountable Budgeting Commission Act of 2006 - Establishes the Accountable Budgeting Commission to review, evaluate, and make recommendations respecting the budget concepts that underlie the federal budget and its process. Prohibits the Commission from making findings, conclusions, or recommendations with respect to Social Security, Medicare, or government-sponsored enterprises (GSEs).

{"src": "billsum_train", "title": "To establish the Accountable Budgeting Commission."}

SECTION 1. NONRECOGNITION OF GAIN ON QUALIFIED SALES OF TELECOMMUNICATIONS BUSINESSES. (a) In General.--Subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to gain or loss on disposition of property) is amended by inserting after part IV the following new part: ``PART V--CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES ``Sec. 1071. Nonrecognition of gain on certain sales of telecommunications businesses. ``SEC. 1071. NONRECOGNITION OF GAIN ON CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES. ``(a) In General.--In the case of any qualified telecommunications sale, at the election of the taxpayer, such sale shall be treated as an involuntary conversion of property within the meaning of section 1033. ``(b) Limitation on Amount of Gain on Which Tax May Be Deferred.-- The amount of gain on any qualified telecommunications sale which is not recognized by reason of this section shall not exceed $50,000,000. ``(c) Qualified Telecommunications Sale.--For purposes of this section, the term `qualified telecommunications sale' means any sale to a qualified business of-- ``(1) the assets of a telecommunications business, or ``(2) stock in a corporation if, immediately after such sale-- ``(A) the qualified business controls (within the meaning of section 368(c)) such corporation, and ``(B) substantially all of the assets of such corporation are assets of 1 or more telecommunications businesses. ``(d) Qualified Business.--For purposes of this section-- ``(1) In general.--The term `qualified business' means-- ``(A) in the case of a telecommunications sale which includes the sale of any interest in a broadcast station (as defined in section 3(5) of the Communications Act of 1934), any person if-- ``(i) such person owns, directly or indirectly, a qualified interest in 10 or fewer broadcast stations (as so defined), and ``(ii) the fair market value of the aggregate interests of such person in broadcast stations (as so defined) is equal to or greater than 50 percent of the net assets of such entity, and ``(B) in the case of any other telecommunications sale-- ``(i) any individual, and ``(ii) any partnership or corporation if-- ``(I) the net assets of such entity do not exceed $30,000,000, and ``(II) the average after-tax income of such entity for the preceding 2 taxable years does not exceed $10,000,000. ``(2) Qualified interest in broadcast stations.--An interest in a broadcast station shall be treated as qualified if such interest represents 50 percent or more of the total assets of the station. ``(3) Each business limited to 3 purchases.--A person shall not be a qualified business with respect to a qualified telecommunications sale if such person (or any predecessor) was the purchaser in more than 2 prior qualified telecommunications sales for which an election under this section was made by the seller. ``(4) Special rules for qualified business determination.-- For purposes of paragraph (1)-- ``(A) Net assets.--The term `net assets' means the excess of the aggregate gross assets (as defined in section 1202(d)(2)) of the entity over the indebtedness of such entity. ``(B) After-tax income.--The term `after-tax income' means taxable income reduced by the net income tax for the taxable year. For purposes of the preceding sentence, the term `net income tax' means the tax imposed by this chapter reduced by the sum of the credits allowable under part IV of subchapter A of this chapter. Rules similar to the rules of subparagraphs (A), (B), and (D) of section 448(c)(3) shall apply in determining average after-tax income. ``(5) Aggregation rules.--For purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person. ``(e) Telecommunications Business.--The term `telecommunications business' means any business providing communication services by wire, cable, radio, satellite, or other technology if the providing of such services is governed by the Communications Act of 1934 or the Telecommunications Act of 1996. ``(f) Special Rules.-- ``(1) In general.--In applying section 1033 for purposes of subsection (a) of this section, stock of a corporation operating a telecommunications business, whether or not representing control of such corporation, shall be treated as property similar or related in service or use to the property sold in the qualified telecommunications sale. ``(2) Election to reduce basis rather than recognize remainder of gain.--If-- ``(A) a taxpayer elects the treatment under subsection (a) with respect to any qualified telecommunications sale, and ``(B) an amount of gain would (but for this paragraph) be recognized on such sale other than by reason of subsection (b), then the amount of such gain shall not be recognized to the extent that the taxpayer elects to reduce the basis of depreciable property (as defined in section 1017(b)(3)) held by the taxpayer immediately after the sale or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. ``(3) Basis.--For basis of property acquired on a sale or exchange treated as an involuntary conversion under subsection (a), see section 1033(b). ``(g) Recapture of Tax Benefit if Telecommunications Business Resold Within 5 Years, etc.-- ``(1) In general.--If, within 5 years after the date of any qualified telecommunications sale, there is a recapture event with respect to the property involved in such sale, then the purchaser's tax imposed by this chapter for the taxable year in which such event occurs shall be increased by 20 percent of the lesser of the consideration furnished by the purchaser in such sale or the dollar limitation of subsection (b). ``(2) Exception for reinvested amounts.--Paragraph (1) shall not apply to any recapture event which is a sale if-- ``(A) the sale is a qualified telecommunications sale, or ``(B) during the 60-day period beginning on the date of such sale, the taxpayer is the purchaser in another qualified telecommunications sale in which the consideration furnished by the taxpayer is not less than the amount realized on the recapture event sale. ``(3) Recapture event.--For purposes of this subsection, the term `recapture event' means, with respect to any qualified telecommunications sale-- ``(A) any sale or other disposition of the assets or stock referred to in subsection (c) which were acquired by the taxpayer in such sale, and ``(B) in the case of a qualified telecommunications sale described in subsection (c)(2)-- ``(i) any sale or other disposition of a telecommunications business by the corporation referred to in such subsection, or ``(ii) any other transaction which results in the qualified business not having control (as defined in subsection (c)(2)(A)) of such corporation. Such term shall not include any sale or other disposition resulting from the default, or imminent default, of any indebtedness of the taxpayer.''. (b) Clerical Amendment.--The table of parts for subchapter O of chapter 1 of such Code is amended by inserting after the item relating to part IV the following new item: ``Part V. Certain Sales of Telecommunications Businesses.''. (c) Effective Date.--The amendments made by this section shall apply to sales in taxable years beginning after the date of the enactment of this Act. SEC. 2. LOAN GUARANTEE PROGRAM TO ENCOURAGE DIVERSITY OF OWNERSHIP OF TELECOMMUNICATIONS BUSINESSES. (a) In General.--The Administrator of the Small Business Administration may guarantee any loan made to a qualified business for the purchase of assets or stock described in section 1071(c) of the Internal Revenue Code of 1986 (relating to qualified telecommunications sale). (b) Limitations.-- (1) Security.--The Administrator shall not guarantee any loan under subsection (a) unless the guaranteed portion of such loan is secured by a first lien position or first mortgage on the stock or assets financed by the loan. (2) Guarantee percentage.--The amount of any loan guaranteed by the Administrator under subsection (a) shall not exceed 95 percent of the balance of the financing outstanding at the time of disbursement of the loan. (3) Fees.--With respect to each loan guaranteed under subsection (a) (other than a loan that is repayable in 1 year or less), the Administrator may collect a guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower. (4) Forfeiture of fcc license.--The Administrator shall not guarantee any loan under subsection (a) unless such loan provides that any license issued by the Federal Communications Commission to the borrower shall be returned and forfeited by the borrower to the Federal Communications Commission immediately upon a finding by the Administrator that such borrower is in default under such loan. (c) General Authority.--For purposes of carrying out this section, the Administrator may-- (1) enter into contracts with private and Federal entities for professional and other services; (2) enter into memorandums of understanding with other Federal agencies; and (3) issue regulations, including regulations regarding-- (A) notice of and opportunity to cure a default; (B) procedures related to foreclosure; and (C) such other matters as the Administrator considers appropriate. (d) Definitions.--For purposes of this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Qualified business.--The term ``qualified business'' has the meaning given such term in section 1071(d) of the Internal Revenue Code of 1986. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

Amends the Internal Revenue Code to allow a taxpayer election to defer from tax up to $50 million of the gain from the sale of the assets or stock of a telecommunications business to certain small businesses that own 10 or fewer broadcast stations. Limits to three the number of such purchases by any qualifying small business. Requires the recapture of such deferred gain for any telecommunications business resold within five years. Authorizes the Administrator of the Small Business Administration to guarantee loans made to small businesses for the purchase of a telecommunications business.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives to encourage diversity of ownership of telecommunications businesses, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S.S. Cruiser Olympia Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The U.S.S. Cruiser Olympia is the world's oldest steel war ship afloat. She is the sole surviving United States naval ship of the Spanish-American war and revived American Steel Navy. Launched in 1892 and serving with distinction in two wars, the U.S.S. Cruiser Olympia is emblematic of the moment the United States became a global power. (2) The U.S.S. Cruiser Olympia is a National Historic Landmark listed on the National Register of Historic Places (1964), a National Historic Engineering Landmark (1977), a National Historic Maritime Landmark (1988), and was awarded ``Official Project'' status of Save America's Treasures program (1999). (3) The U.S.S. Cruiser Olympia was the flagship of the Asiatic Squadron and is the only vessel from the Spanish- American War still in existence. Commissioned on February 5, 1895, she visited ports in China, Japan, Hong Kong, and the Philippines. (4) When war was declared on April 25, 1898, between the United States and Spain, Commodore George Dewey made the U.S.S. Cruiser Olympia his flagship under the command of Captain Gridley and entered Manila Bay on the morning of May 1, 1898, to confront the Spanish ships and coastal artillery. At approximately 5:40 in the morning, Commodore Dewey instructed the captain, ``You may fire when ready, Gridley''. By 7:30 a.m., the Spanish squadron and shore batteries were destroyed and Dewey accepted the surrender of the Spanish at Manila. (5) The U.S.S. Cruiser Olympia became famous as the first victors of the War, and returned to the United States for celebrations in Boston and New York. During the early twentieth century, it served in the Caribbean, Mediterranean, and, during World War I, became the flagship of the American fleet. (6) In 1921, the U.S.S. Cruiser Olympia was honored to carry the first American unknown solider from the port of Le Havre, France, to Washington, DC. On November 10, 1921, the unknown soldier lay in state in the United States Capitol, and then was transported by caisson to Arlington National Cemetery for interment. Accompanying the casket were President Warren Harding, officials of the United States government, and World War I veterans. (7) The U.S.S. Cruiser Olympia was decommissioned in Philadelphia, Pennsylvania, in the winter of 1922 and has rested beside the city since that time. It is permanently docked at Penn's Landing, Philadelphia, open for public viewing, and is one of only four warships representative of the Spanish-American war period that exists in the world. (8) The Friends of the Cruiser Olympia is a non-profit, tax exempt organization dedicated to restoring and preserving the national treasure of the U.S.S. Cruiser Olympia and to provide education for Americans and foreign visitors regarding the impact it had on American and world history. (9) The Friends of the Cruiser Olympia is a non- governmental member-based organization that is entirely dependant on funds from members, donations, and sponsorships for its mission, which is to restore and preserve the U.S.S. Cruiser Olympia. SEC. 3. COIN SPECIFICATION. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins in commemoration of the legacy of the U.S.S. Cruiser Olympia, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the courage, pride, sacrifice, sense of duty, and history of the U.S.S. Cruiser Olympia. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2016''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Friends of the Cruiser Olympia and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2016. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Friends of the Cruiser Olympia for the purpose of restoring and preserving the U.S.S. Cruiser Olympia. (c) Audits.--The Comptroller General of the United States shall have the rights to examine such books, records, documents, and other data of the Friends of the Cruiser Olympia as may be related to the expenditures of amounts paid under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection.

U.S.S. Cruiser Olympia Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue during calendar year 2016 up to 500,000 $1 silver coins in commemoration of the legacy of the U.S.S. Cruiser Olympia, the sole surviving U.S. naval ship of the Spanish-American War and the world's oldest steel warship afloat. Prescribes a surcharge of $10 per coin, to be paid to the Friends of the Cruiser Olympia to restore and preserve the ship.

{"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the legacy of the U.S.S. Cruiser Olympia."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer and Main Street Protection Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) merchandise purchased from out-of-State firms is subject to State and local sales taxes in the same manner as merchandise purchased from in-State firms, (2) State and local governments generally are unable to compel out-of-State firms to collect and remit such taxes, and consequently, many out-of-State firms choose not to collect State and local taxes on merchandise delivered across State lines, (3) moreover, many out-of-State firms fail to inform their customers that such taxes exist, with some firms even falsely claim that merchandise purchased out-of-State is tax-free, and consequently, many consumers unknowingly incur tax liabilities, including interest and penalty charges, (4) Congress has a duty to protect consumers from explicit or implicit misrepresentations of State and local sales tax obligations, (5) small businesses, which are compelled to collect State and local sales taxes, are subject to unfair competition when out-of-State firms cannot be compelled to collect and remit such taxes on their sales to residents of the State, (6) State and local governments provide a number of resources to out-of-State firms including government services relating to disposal of tons of catalogs, mail delivery, communications, and bank and court systems, (7) the inability of State and local governments to require out-of-State firms to collect and remit sales taxes deprives State and local governments of needed revenue and forces such State and local governments to raise taxes on taxpayers, including consumers and small businesses, in such State, (8) the Supreme Court ruled in Quill Corporation v. North Dakota, 112 S. Ct. 1904 (1992) that the due process clause of the Constitution does not prohibit a State government from imposing personal jurisdiction and tax obligations on out-of- State firms that purposefully solicit sales from residents therein, and that the Congress has the power to authorize State governments to require out-of-State firms to collect State and local sales taxes, and (9) as a matter of federalism, the Federal Government has a duty to assist State and local governments in collecting sales taxes on sales from out-of-State firms. SEC. 3. AUTHORITY FOR COLLECTION OF SALES TAX. (a) In General.--A State is authorized to require a person who is subject to the personal jurisdiction of the State to collect and remit a State sales tax, a local sales tax, or both, with respect to tangible personal property if-- (1) the destination of the tangible personal property is in the State, (2) during the 1-year period ending on September 30 of the calendar year preceding the calendar year in which the taxable event occurs, the person has gross receipts from sales of such tangible personal property-- (A) in the United States exceeding $3,000,000, or (B) in the State exceeding $100,000, and (3) the State, on behalf of its local jurisdictions, collects and administers all local sales taxes imposed pursuant to this Act. (b) States Must Collect Local Sales Taxes.-- Except as provided in section 4(d), a State in which both State and local sales taxes are imposed may not require State sales taxes to be collected and remitted under subsection (a) unless the State also requires the local sales taxes to be collected and remitted under subsection (a). (c) Aggregation Rules.--All persons that would be treated as a single employer under section 52 (a) or (b) of the Internal Revenue Code of 1986 shall be treated as one person for purposes of subsection (a). (d) Destination.--For purposes of subsection (a), the destination of tangible personal property is the State or local jurisdiction which is the final location to which the seller ships or delivers the property, or to which the seller causes the property to be shipped or delivered, regardless of the means of shipment or delivery or the location of the buyer. SEC. 4. TREATMENT OF LOCAL SALES TAXES. (a) Uniform Local Sales Taxes.-- (1) In general.--Sales taxes imposed by local jurisdictions of a State shall be deemed to be uniform for purposes of this Act and shall be collected under this Act in the same manner as State sales taxes if-- (A) such local sales taxes are imposed at the same rate and on identical transactions in all geographic areas in the State, and (B) such local sales taxes imposed on sales by out- of-State persons are collected and administered by the State. (2) Application to border jurisdiction tax rates.--A State shall not be treated as failing to meet the requirements of paragraph (1)(A) if, with respect to a local jurisdiction which borders on another State, such State or local jurisdiction-- (A) either reduces or increases the local sales tax in order to achieve a rate of tax equal to that imposed by the bordering State on identical transactions, or (B) exempts from the tax transactions which are exempt from tax in the bordering State. (b) Nonuniform Local Sales Taxes.-- (1) In general.--Except as provided in subsection (d), nonuniform local sales taxes required to be collected pursuant to this Act shall be collected under one of the options provided under paragraph (2). (2) Election.--For purposes of paragraph (1), any person required under authority of this Act to collect nonuniform local sales taxes shall elect to collect either-- (A) all nonuniform local sales taxes applicable to transactions in the State, or (B) a fee (at the rate determined under paragraph (3)) which shall be in lieu of the nonuniform local sales taxes described in subparagraph (A). Such election shall require the person to use the method elected for all transactions in the State while the election is in effect. (3) Rate of in-lieu fee.--For purposes of paragraph (2)(B), the rate of the in-lieu fee for any calendar year shall be an amount equal to the product of-- (A) the amount determined by dividing total nonuniform local sales tax revenues collected in the State for the most recently completed State fiscal year for which data is available by total State sales tax revenues for the same year, and (B) the State sales tax rate. Such amount shall be rounded to the nearest 0.25 percent. (4) Nonuniform local sales taxes.--For purposes of this Act, nonuniform local sales taxes are local sales taxes which do not meet the requirements of subsection (a). (c) Distribution of Local Sales Taxes.-- (1) In general.--Except as provided in subsection (d), a State shall distribute to local jurisdictions a portion of the amounts collected pursuant to this Act determined on the basis of-- (A) in the case of uniform local sales taxes, the proportion which each local jurisdiction receives of uniform local sales taxes not collected pursuant to this Act, (B) in the case of in-lieu fees described in subsection (b)(2)(B), the proportion which each local jurisdiction's nonuniform local sales tax receipts bears to the total nonuniform local sales tax receipts in the State, and (C) in the case of any nonuniform local sales tax collected pursuant to this Act, the geographical location of the transaction on which the tax was imposed. The amounts determined under subparagraphs (A) and (B) shall be calculated on the basis of data for the most recently completed State fiscal year for which the data is available. (2) Timing.--Amounts described in paragraph (1) (B) or (C) shall be distributed by a State to its local jurisdictions in accordance with State timetables for distributing local sales taxes, but not less frequently than every calendar quarter. Amounts described in paragraph (1)(A) shall be distributed by a State as provided under State law. (3) Transition rule.--If, upon the effective date of this Act, a State has a State law in effect providing a method for distributing local sales taxes other than the method under this subsection, then this subsection shall not apply to that State until the 91st day following the adjournment sine die of that State's next regular legislative session which convenes after the effective date of this Act (or such earlier date as State law may provide). Local sales taxes collected pursuant to this Act prior to the application of this subsection shall be distributed as provided by State law. (d) Exception Where State Board Collects Taxes.--Notwithstanding section 3(b) and subsections (b) and (c) of this section, if a State had in effect on January 1, 1995, a State law which provides that local sales taxes are collected and remitted by a board of elected States officers, then for any period during which such law continues in effect-- (1) the State may require the collection and remittance under this Act of only the State sales taxes and the uniform portion of local sales taxes, and (2) the State may distribute any local sales taxes collected pursuant to this Act in accordance with State law. SEC. 5. RETURN AND REMITTANCE REQUIREMENTS. (a) In General.--A State may not require any person subject to this Act-- (1) to file a return reporting the amount of any tax collected or required to be collected under this Act, or to remit the receipts of such tax, more frequently than once with respect to sales in a calendar quarter, or (2) to file the initial such return, or to make the initial such remittance, before the 90th day after the person's first taxable transaction under this Act. (b) Local Taxes.--The provisions of subsection (a) shall also apply to any person required by a State acting under authority of this Act to collect a local sales tax or in-lieu fee. SEC. 6. NONDISCRIMINATION AND EXEMPTIONS. Any State which exercises any authority granted under this Act shall allow to all persons subject to this Act all exemptions or other exceptions to State and local sales taxes which are allowed to persons located within the State or local jurisdiction. SEC. 7. APPLICATION OF STATE LAW. (a) Persons Required To Collect State or Local Sales Tax.--Any person required by section 3 to collect a State or local sales tax shall be subject to the laws of such State relating to such sales tax to the extent that such laws are consistent with the limitations contained in this Act. (b) Limitations.--Except as provided in subsection (a), nothing in this Act shall be construed to permit a State-- (1) to license or regulate any person, (2) to require any person to qualify to transact intrastate business, or (3) to subject any person to State taxes not related to the sales of tangible personnel property. (c) Preemption.--Except as otherwise provided in this Act, this Act shall not be construed to preempt or limit any power exercised or to be exercised by a State or local jurisdiction under the law of such State or local jurisdiction or under any other Federal law. SEC. 8. TOLL-FREE INFORMATION SERVICE. A State shall not have power under this Act to require any person to collect a State or local sales tax on any sale unless, at the time of such sale, such State has a toll-free telephone service available to provide such person information relating to collection of such State or local sales tax. Such information shall include, at a minimum, all applicable tax rates, return and remittance addresses and deadlines, and penalty and interest information. As part of the service, the State shall also provide all necessary forms and instructions at no cost to any person using the service. The State shall prominently display the toll-free telephone number on all correspondence with any person using the service. This service may be provided jointly with other States. SEC. 9. DEFINITIONS. For the purposes of this Act-- (1) the term ``compensating use tax'' means a tax imposed on or incident to the use, storage, consumption, distribution, or other use within a State or local jurisdiction or other area of a State, of tangible personal property; (2) the term ``local sales tax'' means a sales tax imposed in a local jurisdiction or area of a State and includes, but is not limited to-- (A) a sales tax or in-lieu fee imposed in a local jurisdiction or area of a State by the State on behalf of such jurisdiction or area, and (B) a sales tax imposed by a local jurisdiction or other State-authorized entity pursuant to the authority of State law, local law, or both; (3) the term ``person'' means an individual, a trust, estate, partnership, society, association, company (including a limited liability company) or corporation, whether or not acting in a fiduciary or representative capacity, and any combination of the foregoing; (4) the term ``sales tax'' means a tax, including a compensating use tax, that is-- (A) imposed on or incident to the sale, purchase, storage, consumption, distribution, or other use of tangible personal property as may be defined or specified under the laws imposing such tax, and (B) measured by the amount of the sales price, cost, charge or other value of or for such property; and (5) the term ``State'' means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. SEC. 10. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act. In no event shall this Act apply to any sale occurring before such effective date.

Consumer and Main Street Protection Act of 1995 - Authorizes States to require a person who is subject to the personal jurisdiction of the State to collect and remit a State sales tax, a local sales tax, or both, with respect to tangible personal property if: (1) the destination of the tangible personal property is in the State; (2) during the preceding year, the person has gross receipts from sales of such tangible personal property in the United States exceeding $3 million or in the State exceeding $100,000; and (3) the State, on behalf of its local jurisdictions, collects and administers all local sales taxes imposed pursuant to this Act. Provides for treatment of local sales taxes, return and remittance requirements, and application of State law. Provides that a State shall not have power to require any person to collect a State or local sales tax unless the State has a toll-free telephone service to provide information relating to the collection of such tax.

{"src": "billsum_train", "title": "Consumer and Main Street Protection Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Building Acceleration Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the building sector uses more than 40 percent of the energy of the Nation; (2) emerging building energy monitoring and control technologies are enabling a transition of the building sector to ``smart'' buildings that have dramatically reduced energy use and improved quality of service to occupants; (3) an analysis of select private-sector smart buildings by the Department of Energy would document the costs and benefits of those emerging technologies, promote their adoption, and accelerate that transition; (4) with over 400,000 buildings, the Federal Government is the largest building owner in the United States; and (5) the Federal Government can also accelerate the transition to smart building technologies by demonstrating and evaluating emerging smart building technologies using existing programs and funding to showcase selected Federal smart buildings. SEC. 3. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the smart building program established under section 5(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Smart building.--The term ``smart building'' means a building with an energy system that-- (A) is flexible and automated; (B) has extensive operational monitoring and communication connectivity, allowing remote monitoring and analysis of all building functions; (C) is integrated with the overall building operations for control of energy generation, consumption, and storage; and (D) communicates with utilities and other third party commercial entities where appropriate. SEC. 4. SURVEY OF PRIVATE SECTOR SMART BUILDINGS. (a) Survey.--The Secretary shall conduct a survey of privately owned smart buildings throughout the Nation, including commercial buildings and buildings owned by nonprofit organizations and institutions of higher education. (b) Selection.--From among the smart buildings surveyed under subsection (a), the Secretary shall select at least 1 building each from an appropriate range of building sizes and types. (c) Evaluation.--Using the guidelines of the Federal Energy Management Program relating to whole-building evaluation, measurement, and verification, the Secretary shall evaluate the costs and benefits of the buildings selected under subsection (b), including an identification of-- (1) which advanced building technologies-- (A) are most cost-effective; and (B) show the most promise for-- (i) increasing building energy savings; (ii) increasing service performance to building occupants; and (iii) reducing environmental impacts; and (2) any other information the Secretary determines to be appropriate. SEC. 5. FEDERAL SMART BUILDING PROGRAM. (a) Establishment.--The Secretary shall establish a program to establish 1 or more smart buildings under the jurisdiction of several key Federal agencies, including buildings that are owned by the Federal Government but are commercially operated, to demonstrate the costs and benefits of smart buildings. (b) Federal Agency Described.--The key Federal agencies referred to in subsection (a) shall include-- (1) the Department of Defense; (2) the Department of Energy; (3) the Department of Veterans Affairs; and (4) the General Services Administration. (c) Requirement.--In carrying out the program, the Secretary shall leverage existing procurement mechanisms. (d) Evaluation.--Using the guidelines of the Federal Energy Management Program relating to whole-building evaluation, measurement, and verification, the Secretary shall evaluate the costs and benefits of the buildings selected under this section including an identification of-- (1) which advanced building technologies-- (A) are most cost-effective; and (B) show the most promise for-- (i) increasing building energy savings; (ii) increasing service performance to building occupants; and (iii) reducing environmental impacts; and (2) any other information the Secretary determines to be appropriate. SEC. 6. LEVERAGING EXISTING PROGRAMS. (a) Better Building Challenge.--As part of the Better Building Challenge of the Department of Energy, the Secretary shall develop a smart building accelerator in consultation with major private sector property owners to demonstrate innovative policies and approaches that will accelerate the transition to smart buildings. (b) Research and Development.-- (1) In general.--The Secretary shall conduct research and development to address key barriers to the integration of advanced building technologies and to accelerate the transition to smart buildings. (2) Inclusion.--The research and development conducted under paragraph (1) shall include research and development on-- (A) physical components, such as sensors and controls; (B) reducing the cost of key components to accelerate the adoption of smart building technologies; (C) data management, including the capture and analysis of data and the interoperability of the energy systems; (D) business models, including how business models may limit the adoption of smart building technologies and how to support transactive energy; (E) characterization of buildings and components; (F) consumer and utility protections; (G) continuous management, including the challenges of managing multiple energy systems and optimizing systems for disparate stakeholders; and (H) other areas of research and development, as determined appropriate by the Secretary. SEC. 7. REPORT. Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on-- (1) the survey and evaluation of private sector smart buildings carried out under section 4; (2) the evaluation of Federal smart buildings carried out under section 5; and (3) any recommendations of the Secretary to further accelerate the transition to smart buildings.

Smart Building Acceleration Act Directs the Department of Energy (DOE) to: (1) conduct a survey of privately owned smart buildings throughout the nation, select at least one building each from an appropriate range of building sizes and types, and evaluate the costs and benefits of such buildings using the guidelines of the Federal Energy Management Program relating to whole-building evaluation, measurement, and verification; and (2) establish a program to establish one or more smart buildings under the jurisdiction of the General Services Administration and the Departments of Defense, Energy, and Veterans Affairs to demonstrate and evaluate the costs and benefits of smart buildings. Requires such evaluations to include an identification of which advanced building technologies are most cost-effective and show the most promise for increasing building energy savings, increasing service performance to building occupants, and reducing environmental impacts. Defines a "smart building" to mean a building with an energy system that: is flexible and automated; has extensive operational monitoring and communication connectivity, allowing remote monitoring and analysis of all building functions; is integrated with the overall building operations for control of energy generation, consumption, and storage; and communicates with utilities and other third party commercial entities. Directs DOE: (1) as part of DOE's Better Building Challenge, to develop a smart building accelerator in consultation with major private sector property owners to demonstrate innovative policies and approaches that will accelerate the transition to smart buildings; and (2) to conduct research and development to address key barriers to the integration of advanced building technologies and to accelerate the transition to smart buildings.

{"src": "billsum_train", "title": "Smart Building Acceleration Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of State Rewards Program Update and Technical Corrections Act of 2012''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The Department of State's existing rewards programs permit the payment of reward for information leading to the arrest or conviction of-- (A) individuals who have committed, or attempted or conspired to commit, certain acts of international terrorism; (B) individuals who have committed, or attempted or conspired to commit, certain narcotics-related offenses; and (C) individuals who have been indicted by certain international criminal tribunals. (2) The Department of State considers the rewards program to be ``one of the most valuable assets the U.S. Government has in the fight against international terrorism.''. Since the program's inception in 1984, the United States has rewarded over 60 people who provided actionable information that, according to the Department of State, prevented international terrorist attacks or helped convict individuals involved in terrorist attacks. (3) The program has been credited with providing information in several high-profile cases, including the arrest of Ramzi Yousef, who was convicted in the 1993 bombing of the World Trade Center, the deaths of Uday and Qusay Hussein, who United States military forces located and killed in Iraq after receiving information about their locations, and the arrests or deaths of several members of the Abu Sayyaf group, believed to be responsible for the kidnappings and deaths of Americans and Filipinos in the Philippines. (b) Sense of Congress.--It is the sense of Congress that the rewards program of the Department of State should be expanded in order to-- (1) address the growing threat to important United States interests from transnational criminal activity, such as intellectual property rights piracy, money laundering, trafficking in persons, arms trafficking, and cybercrime; and (2) target other individuals indicted by international, hybrid, or mixed tribunals for genocide, war crimes, or crimes against humanity. SEC. 3. ENHANCED REWARDS AUTHORITY. Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended-- (1) in subsection (a)(2), by inserting ``serious violations of international humanitarian law, transnational organized crime,'' after ``international narcotics trafficking,''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``Attorney General'' and inserting ``heads of other relevant departments or agencies''; (B) in paragraphs (4) and (5), by striking ``paragraph (1), (2), or (3)'' each place it appears and inserting ``paragraph (1), (2), (3), (8), or (9)''; (C) in paragraph (6)-- (i) by inserting ``or transnational organized crime group'' after ``terrorist organization''; and (ii) by striking ``or'' at the end; (D) in paragraph (7)-- (i) in the matter preceding subparagraph (A), by striking ``, including the use by the organization of illicit narcotics production or international narcotics trafficking'' and inserting ``or transnational organized crime group, including the use by such organization or group of illicit narcotics production or international narcotics trafficking''; (ii) in subparagraph (A), by inserting ``or transnational organized crime'' after ``international terrorism''; and (iii) in subparagraph (B)-- (I) by inserting ``or transnational organized crime group'' after ``terrorist organization''; and (II) by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following new paragraphs: ``(8) the arrest or conviction in any country of any individual for participating in, primarily outside the United States, transnational organized crime; ``(9) the arrest or conviction in any country of any individual conspiring to participate in or attempting to participate in transnational organized crime; or ``(10) the arrest or conviction in any country, or the transfer to or conviction by an international criminal tribunal (including a hybrid or mixed tribunal), of any foreign national accused of war crimes, crimes against humanity, or genocide, as defined under the statute of such tribunal.''; and (3) in subsection (k)-- (A) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and (B) by inserting after paragraph (4) the following new paragraphs: ``(5) Transnational organized crime.--The term `transnational organized crime' means-- ``(A) racketeering activity (as such term is defined in section 1961 of title 18, United States Code) that involves at least one jurisdiction outside the United States; or ``(B) any other criminal offense punishable by a term of imprisonment of at least four years under Federal, State, or local law that involves at least one jurisdiction outside the United States and that is intended to obtain, directly or indirectly, a financial or other material benefit. ``(6) Transnational organized crime group.--The term `transnational organized crime group' means a group of persons that includes one or more citizens of a foreign country, exists for a period of time, and acts in concert with the aim of engaging in transnational organized crime.''. SEC. 4. TECHNICAL CORRECTION. Section 36(e)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended by striking ``The Secretary shall authorize a reward of $50,000,000 for the capture or death or information leading to the capture or death of Osama bin Laden.''. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as authorizing the use of activity precluded under the American Servicemembers' Protection Act of 2002 (Public Law 107-206).

Department of State Rewards Program Update and Technical Corrections Act of 2012 - Expresses the sense of Congress that the Department of State rewards program should be expanded to: (1) address the threat to U.S. interests from transnational criminal activity; and (2) target individuals indicted by international, hybrid, or mixed tribunals for genocide, war crimes, or crimes against humanity. Amends the State Department Basic Authorities Act of 1956 to include in the program's purpose the prevention of acts of transnational organized crime and violations of international humanitarian law. Provides rewards for the arrest or conviction of persons involved in such activities. Eliminates program references to the reward for the capture or death of Osama bin Laden.

{"src": "billsum_train", "title": "To authorize the Secretary of State to pay a reward to combat transnational organized crime and for information concerning foreign nationals wanted by international criminal tribunals, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Staircase Escalante Enhancement Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Establishment of Escalante Canyons National Park and Preserve. Sec. 5. Withdrawals. Sec. 6. Map and legal description. Sec. 7. Grand Staircase National Monument. Sec. 8. Kaiparowits National Monument. Sec. 9. Escalante Canyons National Monument. Sec. 10. Escalante Canyons National Park and Preserve, Grand Staircase National Monument, Kaiparowits National Monument, and Escalante Canyons National Monument Management Council. Sec. 11. Federal land manager adherence. Sec. 12. Clarification. Sec. 13. Restoration of land status. Sec. 14. Hole in the Rock Road. Sec. 15. Effect on proclamations. SEC. 3. DEFINITIONS. In this Act: (1) Management council.--The term ``Management Council'' means the council established under section 10. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF ESCALANTE CANYONS NATIONAL PARK AND PRESERVE. (a) Establishment.--There is hereby established within the Escalante Canyons National Monument the ``Escalante Canyons National Park and Preserve'' in the State of Utah. (b) Boundaries.--The boundaries of Escalante Canyons National Park and Preserve are as generally depicted on the map entitled ``____'', numbered ___, and dated ____. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Purpose.--The purpose of the Escalante Canyons National Park and Preserve shall be to protect, conserve, and enhance in the Escalante Canyons National Park and Preserve-- (1) the unique and nationally important historic, natural, scenic, and natural resources; (2) recreation, including hunting; and (3) grazing. SEC. 5. WITHDRAWALS. Subject to valid existing rights, any Federal land within the Escalante Canyons National Park and Preserve, including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 6. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Escalante Canyons National Park and Preserve. (b) Force and Effect.--The map and legal description submitted under this section shall have the same force and effect as if included in this Act, except that the Secretary may make minor modifications of any clerical or typographical errors in the map or legal description provided these changes are first reported to the State of Utah, Garfield and Kane Counties in Utah, and the Management Council. SEC. 7. GRAND STAIRCASE NATIONAL MONUMENT. (a) Establishment.--Subject to valid existing rights, the Federal land comprising approximately 211,983 acres, identified as ``Grand Staircase Unit'' and generally depicted on the map entitled ``Grand Staircase-Escalante National Monument Modification'' is hereby established as the ``Grand Staircase National Monument''. (b) Purpose.--The purpose of the Grand Staircase National Monument shall be to protect, conserve, and enhance the monument's-- (1) unique and nationally important historic, scenic, and natural resources; (2) recreation, including hunting; and (3) grazing. (c) Map.-- (1) As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Grand Staircase National Monument established in this section. (2) The map and legal description submitted under this section shall have the same force and effect as if included in this title, except that the Secretary may make minor modification of any clerical or typographical errors in the map or legal description provided these changes are first reported to the State of Utah, Kane County, Utah, and the Management Council. (3) A copy of the map and legal description shall be on file and available for public inspection in the appropriate field offices of the Bureau of Land Management. SEC. 8. KAIPAROWITS NATIONAL MONUMENT. (a) Establishment.--Subject to valid existing rights, the Federal land comprising approximately 551,117 acres, identified as ``Kaiparowits Unit'' and generally depicted on the map entitled ``Grand Staircase-Escalante National Monument Modification'' is hereby established as the ``Kaiparowits National Monument''. (b) Purpose.--The purpose of the Kaiparowits National Monument shall be to protect, conserve, and enhance the monument's-- (1) unique and nationally important historic, scenic, and natural resources; (2) recreation, including hunting; and (3) grazing. (c) Map.-- (1) As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Kaiparowits National Monument established in this section. (2) The map and legal description submitted under this section shall have the same force and effect as if included in this title, except that the Secretary may make minor modification of any clerical or typographical errors in the map or legal description provided these changes are first reported to the State of Utah, Kane and Garfield Counties, Utah, and the Management Council. (3) A copy of the map and legal description shall be on file and available for public inspection in the appropriate field offices of the Bureau of Land Management. SEC. 9. ESCALANTE CANYONS NATIONAL MONUMENT. (a) Establishment.--Subject to the valid existing rights, the Federal land comprising approximately 243,241 acres, identified as ``Escalante Canyons Unit'' and generally depicted on the map entitled ``Grand Staircase-Escalante National Monument Modification'' is hereby established as the ``Escalante Canyons National Monument''. (b) Purpose.--The purpose of the Escalante Canyons National Monument shall be to protect, conserve, and enhance the monument's-- (1) unique and nationally important historic, scenic, and natural resources; (2) recreation, including hunting; and (3) grazing. (c) Map.-- (1) As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Escalante Canyons National Monument established in this section. (2) The map and legal description submitted under this section shall have the same force and effect as if included in this title, except that the Secretary may make minor modification of any clerical or typographical errors in the map or legal description provided these changes are first reported to the State of Utah, Garfield County, Utah, and the Management Council. (3) A copy of the map and legal description shall be on file and available for public inspection in the appropriate field offices of the Bureau of Land Management. SEC. 10. ESCALANTE CANYONS NATIONAL PARK AND PRESERVE, GRAND STAIRCASE NATIONAL MONUMENT, KAIPAROWITS NATIONAL MONUMENT, AND ESCALANTE CANYONS NATIONAL MONUMENT MANAGEMENT COUNCIL. (a) Establishment.--The Management Council is hereby established. (b) Duties.--The Management Council shall develop and implement the comprehensive management plans for the Escalante Canyons National Park and Preserve, the Grand Staircase National Monument, the Kaiparowits National Monument, and the Escalante Canyons National Monument consistently with the purposes of those areas as provided in this Act. (c) Membership.--The Management Council shall be composed of 7 members appointed not later than 180 days after the date of the enactment of this Act as follows: (1) One individual from the Department of Interior, appointed by the President. (2) Five individuals, appointed by the President in consultation with the Congressional delegation from the State of Utah and the Governor of Utah, who shall represent the following: (A) Two from the Garfield County, Utah, Board of Commissioners. (B) Two from the Kane County, Utah, Board of Commissioners. (C) One Utah State Legislator representing Kane County, Garfield County, or both. (3) One at-large representative appointed by the President. (d) Qualifications.--The members appointed under subsections (c)(2) and (3) shall not be employees of the Federal Government. (e) Terms.--The President shall appoint the members under subsections (c)(2) and (3) for a term of 5 years, except that the President shall designate staggered terms for the members initially appointed to the Management Council. The President may reappoint a member to not more than three consecutive terms. (f) Vacancies.--Vacancies of members appointed under subsections (c)(2) and (3) shall be filled in the same manner as such positions were originally filled as soon as practicable after the vacancy has occurred. (g) Compensation.--Members appointed under subsections (c)(2) and (3) shall serve without pay, except for reasonable travel expenses, including per diem in lieu of subsistence, at the rate authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of duties for the Council. (h) Chair.--The members shall select the chair of the Management Council from the members appointed under subsection (c)(2) and (3) for a term beginning on the date of selection, and ending in 5 years or until the member's term of office expires, whichever occurs first. (i) Staff Assistance.--The Management Council may request administrative assistance from Federal employees under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. (j) Meetings.-- (1) Frequency.--The Management Council shall meet at the call of the Chair or a majority of the members. Meetings shall be held no less than once per year. A majority must be present to constitute a quorum to conduct official business. (2) Announcement; open meetings.--All meetings of the Management Council shall be announced at least one week in advance in publications of general circulation and shall be open to the public. (k) Administration.-- (1) The Management Council shall allow hunting, fishing and trapping on lands and water under the jurisdiction of the Secretary within the Escalante Canyons National Park and Preserve in accordance with the applicable laws of the State of Utah. (2) The Management Council shall ensure that the privilege of grazing domestic livestock on lands with the Escalante Canyons National Park and Preserve shall continue to be exercised and enhanced in perpetuity. Grazing within the Escalante Canyons National Park and Preserve shall be administered by the National Park Service. SEC. 11. FEDERAL LAND MANAGER ADHERENCE. Federal land managers shall adhere to the management plans created by the Management Council. SEC. 12. CLARIFICATION. Nothing in this Act affects the jurisdiction of the State of Utah with respect to the management of fish, wildlife and predators in the State. SEC. 13. RESTORATION OF LAND STATUS. Subject to valid existing rights, the provisions of existing withdrawals, and the requirements of applicable law, the public lands excluded from the monument reservation under Presidential Proclamation ___, dated December 4, 2017, and issued under chapter 3203 of title 54, United States Code, shall be open to: (1) entry, location, selection, sale or other disposition under the public land laws; (2) disposition under all laws relating to mineral and geothermal leasing; and (3) location, entry, and patent under the mining laws. SEC. 14. HOLE IN THE ROCK ROAD. The Secretary shall convey to the State of Utah all right, title and interest of the United States in and to the Hole in the Rock Road (BLM Road 200). SEC. 15. EFFECT ON PROCLAMATIONS. Any provision of Presidential Proclamation 6920, dated September 18, 1996, and Presidential Proclamation ____, dated December 4, 2017, and issued under chapter 3203 of title 54, United States Code, that is inconsistent with this Act is hereby declared null and void.

Grand Staircase Escalante Enhancement Act This bill establishes the Escalante Canyons National Park and Preserve within the Escalante Canyons National Monument (established by this bill and consisting of approximately 243,241 acres) in Utah. Federal lands within the park and preserve, including lands or interests acquired by the United States afterwards, are withdrawn from: entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. The bill also establishes the Grand Staircase National Monument (consisting of approximately 211,983 acres) and the Kaiparowits National Monument (consisting of approximately 551,117 acres). A management council shall implement comprehensive management plans for the park and preserve and the monuments. Federal land managers must adhere to the management plans created by the council. The public lands excluded from the lands and interests in lands reserved within the modified boundaries of the Grand Staircase-Escalante National Monument under the Presidential Proclamation dated December 4, 2017, shall be open to: entry, location, selection, sale, or other disposition under the public land laws; disposition under all laws related to mineral and geothermal leasing; and location, entry, and patent under the mining laws. Interior shall convey to the state of Utah the Hole in the Rock Road (BLM [Bureau of Land Management] Road 200).

{"src": "billsum_train", "title": "Grand Staircase Escalante Enhancement Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flu Vaccine Incentive Act of 2005'' or the ``FLU-VIA''. SEC. 2. FINDINGS. Congress makes the following findings: (1) 30 years ago, more than a dozen companies produced the influenza vaccine in the United States. As of 2004, only 2 companies make the vaccine for the United States. (2) Currently, the influenza vaccine is grown in eggs through a process that takes approximately 6 months and consumes tens of thousands of eggs. (3) Companies are developing new technologies for the faster and safer production of the influenza vaccine. For example, one manufacturer is testing a process that relies on cell lines from silk moths, a technique that promises to shave the production time by at least a month and reduce the costs significantly. (4) The United States should do all that it can to encourage research and development of new technologies for the production of influenza vaccines. SEC. 3. TARGETING APPROPRIATED FUNDS FOR RESEARCH AND DEVELOPMENT. Effective as if included in the enactment of the Consolidated Appropriations Act, 2005 (Public Law 108-447), under the heading relating to ``Public Health and Social Services Emergency Fund'' under title II of division F, strike ``, and if determined necessary by the Secretary, the purchase of influenza vaccine,''. SEC. 4. ELIMINATION OF PRICE CAP FOR THE PURCHASE OF INFLUENZA VACCINES. (a) In General.-- (1) Vaccines for children program.--Section 1928(d)(3) of the Social Security Act (42 U.S.C. 1396s(d)(3)) is amended-- (A) in subparagraph (B), by striking ``With'' and inserting ``Except as provided in subparagraph (D), with''; and (B) by adding at the end the following new subparagraph: ``(D) Nonapplication to influenza vaccines.--With respect to contracts entered into for the purchase of a pediatric vaccine that is an influenza vaccine, and to the maximum extent practicable, with respect to any other contracts entered into by the Secretary for the purchase of an influenza vaccine, the price for the purchase of such vaccine shall be established without regard to subparagraph (B).''. (2) Effective date.--The amendments made by paragraph (1) shall apply to contracts entered into on or after the date of enactment of this Act. (b) Application to Purchases for Other Federal Programs.--Section 1928(d)(3)(D) of the Social Security Act (42 U.S.C. 1396s(d)(3)(D)), as amended by subsection (a), shall apply with respect to the purchase of an influenza vaccine by any Federal agency and in lieu of the price that would otherwise apply to such a purchase under the schedule for the purchase of drugs by the Veterans Administration under section 8126 of title 38, United States Code, under agreements negotiated by the Secretary of Health and Human Services under section 340B of the Public Health Service Act (42 U.S.C. 256b), or otherwise. SEC. 5. INCENTIVES FOR THE CONSTRUCTION OF INFLUENZA VACCINE MANUFACTURING FACILITIES. (a) Influenza Vaccine Manufacturing Facilities Investment Tax Credit.-- (1) Allowance of credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the influenza vaccine manufacturing facilities investment credit.''. (2) Amount of credit.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(c) Influenza Vaccine Manufacturing Facilities Investment Credit.-- ``(1) In general.--For purposes of section 46, the influenza vaccine manufacturing facilities investment credit for any taxable year is an amount equal to 20 percent of the qualified investment for such taxable year. ``(2) Qualified investment.--For purposes of paragraph (1), the qualified investment for any taxable year is the basis of each influenza vaccine manufacturing facilities property placed in service by the taxpayer during such taxable year. ``(3) Influenza vaccine manufacturing facilities property.--For purposes of this subsection, the term `influenza vaccine manufacturing facilities property' means real and tangible personal property-- ``(A)(i) the original use of which commences with the taxpayer, or ``(ii) which is acquired through purchase (as defined by section 179(d)(2)), ``(B) which is depreciable under section 167, ``(C) which is used for the manufacture, distribution, or research and development of influenza vaccines, and ``(D) which is in compliance with any standards and regulations which are promulgated by the Food and Drug Administration, the Occupational Safety and Health Administration, or the Environmental Protection Agency and which are applicable to such property. ``(4) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(5) Termination.--This subsection shall not apply to any property placed in service after December 31, 2014.''. (b) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any influenza vaccine manufacturing facilities property.''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(4)'' before the period. (3)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.''. (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2004, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of enactment of the Revenue Reconciliation Act of 1990).

Flu Vaccine Incentive Act of 2005 or FLU-VIA - Rescinds the authority of the Secretary of Health and Human Services under the Consolidated Appropriations Act, 2005, to make certain purchases of inflluenza vaccine. Amends title XIX (Medicaid) of the Social Security Act to exempt contracts entered into by the Secretary for the purchase of a pediatric influenza vaccine and other vaccines from certain price restrictions otherwise applicable to such contracts. Extends such exemption to any other Federal agency that purchases an influenza vaccine. Amends the Internal Revenue Code to allow a tax credit for investment in influenza vaccine manufacturing facilities.

{"src": "billsum_train", "title": "A bill to target Federal funding for research and development, to amend section 1928 of the Social Security Act to encourage the production of influenza vaccines by eliminating the price cap applicable to the purchase of such vaccines under contracts entered into by the Secretary of Health and Human Services, to amend the Internal Revenue Code of 1986 to establish a tax credit to encourage vaccine production capacity, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nanoscience and Nanotechnology Advisory Board Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The emerging fields of nanoscience and nanoengineering (collectively, ``nanotechnology''), in which matter is manipulated at the atomic level in order to build materials, machines, and devices with novel properties or functions, are leading to unprecedented scientific and technological opportunities that will benefit society by changing the way many things are designed and made. (2) Long-term nanoscale research and development leading to potential breakthroughs in areas such as materials and manufacturing, electronics, medicine and health care, environment, energy, chemicals, biotechnology, agriculture, information technology, and national security could be as significant for the 21st century as the combined influences of microelectronics, biotechnology, and information technology were for the 20th century. (3) Long-term, high-risk research is necessary to create breakthroughs in technology. (4) Such research requires government funding since the benefits are too distant or uncertain for industry alone to support, and the Federal government can play an important role in the development of nanotechnology, as it will take many years of sustained investment for this field to achieve maturity. (5) Advancements in nanotechnology stemming from Federal investments in fundamental research and subsequent private sector development likely will create technologies that support the work and improve the efficiency of the Federal government, and contribute significantly to the efforts of the government's mission agencies. (6) According to various estimates, including those of the National Science Foundation, the market for nanotechnology products and services in the United States alone could reach over $1 trillion later this century. (7) Mastering nanotechnology will require a unique skill set for scientists and engineers that combine chemistry, physics, materials science, and information science. (8) Funding in these critical areas has been flat for many years and as a result fewer young people are electing to go into these areas in graduate schools throughout the Nation, a trend which will have to reverse if we hope to develop the next generation of skilled workers with multidisciplinary perspectives necessary for the development of nanotechnology. (9) Research on nanotechnology creates unprecedented capabilities to alter ourselves and our environment and will give rise to a host of novel social, ethical, philosophical, and legal issues, and addressing these issues will require wide reflection and guidance that is responsive to the realities of the science, as well as additional research to predict, understand, and alleviate anticipated problems. (10) Achieving and maintaining international leadership in nanotechnology is an important national security issue for the Nation, and in addition to the plethora of devices that can be developed for use by the Defense Department, there are many other ways in which nanotechnology has national security implications. (11) The Executive Branch has previously established a National Nanotechnology Initiative (NNI) to coordinate Federal nanotechnology research and development programs and this initiative has contributed significantly to the development of nanotechnology. (12) Authorizing legislation can serve to establish new technology goals and research directions, improve agency coordination and oversight mechanisms, help ensure optimal returns on investments, and simplify reporting, budgeting, and planning processes for the Executive Branch and Congress. SEC. 3. ESTABLISHMENT. There is established the Nanoscience and Nanotechnology Advisory Board (in this Act referred to as the ``Advisory Board''). The Advisory Board shall operate in coordination with the White House Office of Science and Technology Policy, and shall provide advice to the President and the National Science and Technology Council on research investment policy, strategy, program goals, and management processes relating to nanoscience and nanotechnology. SEC. 4. MEMBERSHIP. (a) In General.--The President, in consultation with the Director of the White House Office of Science and Technology Policy, shall establish procedures for the selection if individuals not employed by the Federal government who are qualified in the science of nanotechnology and other appropriate fields and shall, pursuant to such procedures, appoint up to 20 individuals to serve on the Advisory Board. (b) Membership Qualifications.--Members of the Advisory Board shall be appointed from among leaders from industry and academia having scientific, technical, social science, or research management credentials. Members shall hold a reasonable cross-section of views and expertise regarding societal, ethical, educational, legal, and workforce issues related to nanotechnology. In selecting individuals to serve on the Advisory Board the President shall give due consideration to the recommendations of Congress, industry leaders, the scientific community (including the National Academy of Sciences), academia, the defense community, the education community, State and local governments, and other appropriate organizations. (c) Chairperson.--The President shall designate a Chairperson who shall serve for a term of 3 years. (d) Terms.--Each member of the Advisory Board shall be appointed for a term of 1 to 3 years, as determined by the President upon appointment, and may be reappointed when their terms expire. (e) Vacancies.--A vacancy on the Advisory Board shall be filled in the same manner in which the original appointment was made. (f) Compensation.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) Meetings.--The Advisory Board shall meet not less than 2 times per year, at the call of the Chairperson in consultation with the National Nanotechnology Coordination Office established under section 5 of this Act. SEC. 5. NATIONAL NANOTECHNOLOGY COORDINATION OFFICE. (a) Staff To Assist Advisory Board.--The President shall establish a National Nanotechnology Coordination Office to provide necessary technical and administrative support to the Advisory Board and to coordinate Federal nanotechnology activities between Federal agencies, private sector industry, and academia. (b) Applicability of Certain Civil Service Laws.--The staff of the National Nanotechnology Coordination Office established under subsection (a) shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. SEC. 6. DUTIES. The Advisory Board shall-- (1) advise the President and the National Science and Technology Council, and inform the Congress, on matters relating to the National Nanotechnology Program, including-- (A) the articulation of short-term (1 to 5 years), medium-range (6 to 10 years), and long-range (beyond 10 years) goals and objectives within the program; (B) the need for emphasis on the long-range goals that move results out of the laboratory and into the service of society; (C) the capabilities and research needs of the nanotechnology program; (D) methods or approaches for achieving major program objectives; (E) establishing and measuring performance goals using appropriate metrics; (F) approaches to increase multi-agency investments in research at the intersection between nanoscale technology and biology; (G) creation of programs for the invention and development of new instruments for nanoscience and the establishment of centers of excellence where these instruments can be used by a number of scientists, faculty, and students; (H) approaches to stimulate and nurture industrial partnerships, both domestically and internationally, to help accelerate the commercialization of nanotechnology developments; (I) approaches to addressing workforce issues through training grants, internships, fellowships, professional development, and retraining; and (J) the need to coordinate the nanoscale research and development activities and strategies of the civilian Federal agencies and the Department of Defense to maintain a balanced, integrated, and fully- coordinated Federal nanotechnology research effort; (2) consult with academic industrial entities, State and local governments and agencies, and other appropriate entities conducting research on and using nanotechnology; and (3) ensure that the Federal nanotechnology program considers fully the societal implications of nanoscale science and technology. SEC. 7. REPORTS. The Advisory Board shall transmit an annual report to the President, the heads of each agency involved in the nanotechnology program, the Committee on Science of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. The annual report shall include-- (1) a review of the program's technical success in achieving the stated goals and grand challenges according to the metrics established by the program and Advisory Panel; (2) a review of the program's management and coordination among civilian Federal agencies; between these agencies and the Department of Defense; and between state, local, international, and private sector efforts in nanotechnology research and development; as well as how this coordination supports the goals and the mission needs of the entities involved; (3) a review of the funding levels by each agency for the program's activities and their ability to achieve the program's stated goals and grand challenges; (4) a review of the balance in the program's portfolio and components across agencies and disciplines; (5) an assessment of the degree of participation in the program by minority serving institutions and institutions located in States participating in National Science Foundation's Experimental Program to Stimulate Competitive Research (EPSCoR); (6) a review of policy issues resulting from advancements in nanotechnology and its effects on the scientific enterprise, commerce, workforce, competitiveness, national security, medicine, and government operations; (7) recommendations for new program goals and grand challenges; (8) recommendations for new research areas, partnerships, coordination and management mechanisms, or programs to be established to achieve the program's stated goals and grand challenges; (9) recommendations for new investments by each participating agency in each program funding area for the 5- year period following the delivery of the report; (10) reviews and recommendations regarding other issues deemed pertinent or specified by the panel; and (11) a technology transition study which includes an evaluation of the Federal nanotechnology research and development program's success in transitioning its research, technologies, and concepts into commercial and military products, including-- (A) examples of successful transition of research, technologies, and concepts from the Federal nanotechnology research and development program into commercial and military products; (B) best practices of universities, government, and industry in promoting efficient and rapid technology transition in the nanotechnology sector; (C) barriers to efficient technology transition in the nanotechnology sector, including, but not limited to, standards, pace of technological change, qualification and testing of research products, intellectual property issues, and Federal funding; and (D) recommendations for government sponsored activities to promote rapid technology transition in the nanotechnology sector. SEC. 8. TERMINATION. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Nanoscience and Nanotechnology Advisory Board Act of 2002 - Establishes the Nanoscience and Nanotechnology Advisory Board which shall: (1) operate in coordination with the White House Office of Science and Technology Policy; and (2) provide advice to the President and the National Science and Technology Council on research investment policy, strategy, program goals, and management processes relating to nanoscience and nanotechnology.Directs the President to establish a National Nanotechnology Coordination Office to provide necessary technical and administrative support to the Advisory Board and to coordinate Federal nanotechnology activities between Federal agencies, private sector industry, and academia.Requires the Advisory Board to: (1) advise the President and the Council, and inform the Congress, on matters relating to the National Nanotechnology Program; (2) consult with academic industrial entities, State and local governments and agencies, and other appropriate entities conducting research on and using nanotechnology; (3) ensure that such Program considers fully the societal implications of nanoscale science and technology; and (4) transmit an annual report, which shall include a technology transition study, to the President, the head of each agency involved in the Program, and specified congressional committees.

{"src": "billsum_train", "title": "To establish the Nanoscience and Nanotechnology Advisory Board."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Encore Entrepreneurs Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Small Business Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (3) Encore entrepreneur.--The term ``encore entrepreneur'' means an entrepreneur, businessperson, or owner of a small business concern-- (A) who is seeking to start a new small business concern or expand an existing small business concern; and (B) who-- (i) is not less than 50 years of age; or (ii) has not less than 20 years of experience in a workplace. (4) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (5) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (6) Small business development center.--The term ``small business development center'' means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648). (7) Women's business center.--The term ``women's business center'' means a project carried out under section 29 of the Small Business Act (15 U.S.C. 656). SEC. 3. EMPOWERING ENCORE ENTREPRENEURS PROGRAM. (a) In General.--Subject to the availability of appropriations, the Administrator shall establish a program under which the Administrator may enter into contracts or cooperative agreements with, or make grants to, nonprofit organizations, including small business development centers, women's business centers, chapters participating in the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), and other resource partners of the Administration, and appropriate private sector organizations or entities to provide technical assistance, mentoring, and other specialized training activities for encore entrepreneurs. (b) Uses of Funds.--Amounts made available under subsection (a) may be used to provide technical assistance, mentoring, and other specialized training activities including-- (1) online resources and training for encore entrepreneurs, including virtual networking and mentoring tools; (2) workshops, training, and business networking events for encore entrepreneurs; or (3) programs to assist encore entrepreneurs in remaining in or re-entering the labor market through self-employment. (c) Application.--An entity desiring a grant, contract, or cooperative agreement under subsection (a) shall submit to the Administrator an application that contains-- (1) a description of the goals of the project to be funded; (2) a list of any partners that plan to participate in the project to be funded; and (3) any other information the Administrator determines is necessary. (d) Special Consideration.--The Administrator shall give special consideration to applications seeking funding for programs for-- (1) members of the Armed Forces impacted by base closures or realignment; or (2) encore entrepreneurs unemployed for a period of not less than 1 year. (e) Termination.--The program established in subsection (a) shall terminate on September 30, 2017. SEC. 4. REPORT ON BARRIERS FACED BY ENCORE ENTREPRENEURS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with other relevant Federal agencies, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that describes the barriers and obstacles faced by encore entrepreneurs in starting new small business concerns or expanding existing small business concerns. (b) Contents.--The report required under subsection (a) shall include-- (1) a review of the accessibility and availability of credit and other forms of financing for encore entrepreneurs; (2) a review of the availability of Federal contracting opportunities for encore entrepreneurs; (3) a review of the accessibility and availability of counseling and mentoring programs for encore entrepreneurs; and (4) policy recommendations, if any, for improving Federal assistance and coordination on programs assisting encore entrepreneurs.

Empowering Encore Entrepreneurs Act of 2013 - Directs the Administrator of the Small Business Administration (SBA) to establish a program under which the Administrator may enter into contracts or cooperative agreements with, or make grants to, nonprofit organizations to provide technical assistance, mentoring, and other specialized training activities for encore entrepreneurs. Defines "encore entrepreneur" to mean an entrepreneur, business person, or owner of a small business concern who: (1) is seeking to start a new small business concern or expand an existing one, and (2) is at least age 50 or has at least 20 years of experience in a workplace. Directs the Administrator to give special consideration to applications seeking funding for programs for: (1) members of the Armed Forces impacted by base closures or realignment, or (2) encore entrepreneurs unemployed for a period of not less than one year. Terminates the program on September 30, 2017. Requires the Administrator to submit to specified congressional committees a report that describes the barriers and obstacles faced by encore entrepreneurs in starting new small business concerns or expanding existing small business concerns.

{"src": "billsum_train", "title": "Empowering Encore Entrepreneurs Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade with China Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The growth of the economy of the People's Republic of China is one of the most important developments of the 21st century. (2) The bilateral trade relationship between the United States and China is heavily imbalanced and is undermining the long-term economic health of the United States. (3) The United States trade deficit with China has doubled since 2000, reaching $162,000,000,000 in 2004, the largest bilateral trade deficit in the world. (4) As a consequence of the trade deficit, the United States has had to borrow massive amounts of money from foreign governments. (5) The United States has accumulated more debt to foreign countries since 2000 than in the first 220 years of the country's history. (6) China has become a major purchaser of United States Treasury bonds, and United States indebtedness to the Government of China has grown by more than $100,000,000,000 since 2000. (7) The large amounts of United States dollars accumulated by the Government of China contribute to China's acquisitions of United States companies, such as the proposed acquisition of Unocal Corporation by the China National Offshore Oil Corporation. (8) China continues to violate many of the commitments it made when it joined the World Trade Organization in 2001. (9) China's inadequate enforcement of intellectual property rights is resulting in infringement levels of 90 percent or more for nearly all forms of intellectual property, and cost American companies more than $2,500,000,000 in lost sales in 2004. (10) China's industrial policies discriminate against foreign firms and products. (11) The Government of China continues to heavily subsidize its manufacturing sector through tax incentives, preferential access to credit and capital, subsidized utilities, and other measures. (12) Since 1994, China has kept its currency pegged at approximately 8.3 renminbi to the United States dollar, which has caused the renminbi to become undervalued against the dollar by as much as 40 percent, harming exports of United States goods and services to China and providing an unfair advantage to Chinese exports to the United States. (13) Current policies of the United States have failed to advance and protect the interests of American workers, farmers, and businesses in the United States-China trade relationship, failed to address effectively China's unfair trade practices and market access barriers to goods and services and its poor record at protecting intellectual property rights, and failed to stem or reverse the unsustainable United States trade deficit with China. (14) It is critical that the United States develop and implement a comprehensive and coherent set of policies to address China's unfair trading practices and failure to abide by its commitments as a member of the World Trade Organization. SEC. 3. APPLICATION OF COUNTERVAILING DUTIES TO NONMARKET ECONOMY COUNTRIES. (a) In General.--Section 701(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1671(a)(1)) is amended by inserting ``(including a nonmarket economy country)'' after ``country'' each place it appears. (b) Effective Date.--The amendments made by subsection (a) apply to petitions filed under section 702 of the Tariff Act of 1930 on or after the date of the enactment of this Act. (c) Antidumping Provisions not Affected.--The amendments made by subsection (a) shall not affect the status of a country as a nonmarket economy country for purposes of any matter relating to antidumping duties under the Tariff Act of 1930. SEC. 4. TREATMENT OF CURRENCY MANIPULATION. (a) Definition of Unjustifiable Acts, Policies, and Practices.-- Section 301(d)(4)(B) of the Trade Act of 1974 (19 U.S.C. 2411(d)(4)(B)) is amended to read as follows: ``(B)(i) Acts, policies, and practices that are unjustifiable include, but are not limited to, any act, policy, or practice described in subparagraph (A) which involves currency manipulation, or denies national or most-favored nation treatment or the right of establishment or protection of intellectual property rights. ``(ii) In this subparagraph, the term `currency manipulation' means the protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance of payments adjustment or gains an unfair competitive advantage over the United States.''. (b) Investigation Into Currency Manipulation by the People's Republic of China.-- (1) Investigation, determinations, actions.--The United States Trade Representative shall-- (A) conduct an investigation, under sections 302 and 303 of the Trade Act of 1974, of the currency practices of the People's Republic of China; (B) make the applicable determinations under section 304 of that Act pursuant to that investigation; and (C) implement any action, under section 305 of that Act, in accordance with such determinations. (2) Initiation of investigation.--The United States Trade Representative shall initiate the investigation required by paragraph (1) not later than 90 days after the date of the enactment of this Act. SEC. 5. CLARIFICATION OF STANDARD FOR PRESIDENTIAL ACTION ON ITC FINDING OF MARKET DISRUPTION. (a) Amendments to Standard for Trade Representative's Recommendation to the President.--Section 421(h)(2) of the Trade Act of 1974 (19 U.S.C. 2451(h)(2)) is amended-- (1) by striking ``(2) Within'' and inserting ``(2)(A) Within''; and (2) by adding at the end the following: ``(B) In making a recommendation to the President under subparagraph (A), the Trade Representative shall consider the facts found, or conclusions drawn, by the Commission as they are reported to the Trade Representative, and the Trade Representative may not conduct an additional review or reconsideration of the facts found or conclusions reached by the Commission. ``(C) If the Commission in its report makes an affirmative finding of market disruption, the Trade Representative shall apply a presumption in favor of relief to prevent or remedy the market disruption. ``(D) The following factors may not be used as the basis of a recommendation by the Trade Representative to recommend denying relief under this section: ``(i) The presence or absence (whether actual or potential) of third-country imports of the product under investigation. ``(ii) Any results of the econometric model known as the Commercial Policy Analysis System (COMPAS) or equivalent model.''. (b) Amendments to Standard for Presidential Action.--Section 421(k) of the Trade Act of 1974 (19 U.S.C. 2451(k)) is amended by adding at the end the following: ``(3) The President's determination shall be based on the facts found, or conclusions drawn, by the Commission as they are reported to the Trade Representative under subsection (g). ``(4) If the Commission in its report makes an affirmative finding of market disruption, the President shall apply a presumption in favor of relief to prevent or remedy the market disruption. ``(5) Any determination by the President under paragraph (1) that providing import relief is not in the national economic interest of the United States may not be based on the following factors: ``(A) The presence or absence (whether actual or potential) of third-country imports of the product under investigation. ``(B) Any results of the econometric model known as the Commercial Policy Analysis System (COMPAS) or equivalent model.''. SEC. 6. IDENTIFICATION OF TRADE EXPANSION PRIORITIES. (a) Identification of Trade Expansion Priorities.--Section 310 of the Trade Act of 1974 is amended to read as follows: ``SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES. ``(a) Identification.-- ``(1) Identification and report.--Within 30 days after the submission in each calendar year of the report required by section 181(b), the Trade Representative shall-- ``(A) review United States trade expansion priorities; ``(B) identify priority foreign country practices, the elimination of which is likely to have the most significant potential to increase United States exports, either directly or through the establishment of a beneficial precedent; and ``(C) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and publish in the Federal Register a report on the priority foreign country practices so identified. ``(2) Factors.--In identifying priority foreign country practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including-- ``(A) the major barriers and trade distorting practices described in the National Trade Estimate Report required under section 181(b); ``(B) the trade agreements to which a foreign country is a party and its compliance with those agreements; ``(C) the medium- and long-term implications of foreign government procurement plans; and ``(D) the international competitive position and export potential of United States products and services. ``(3) Contents of report.--The Trade Representative may include in the report, if appropriate-- ``(A) a description of foreign country practices that may in the future warrant identification as priority foreign country practices; and ``(B) a statement about other foreign country practices that were not identified because they are already being addressed by provisions of United States trade law, by existing bilateral trade agreements, or as part of trade negotiations with other countries, and because progress is being made toward the elimination of such practices. ``(b) Initiation of Consultations.--By no later than the date that is 21 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall seek consultations with each foreign country identified in the report as engaging in priority foreign country practices for the purpose of reaching a satisfactory resolution of such priority practices. ``(c) Initiation of Investigation.--If a satisfactory resolution of priority foreign country practices has not been reached under subsection (b) within 90 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall initiate under section 302(b)(1) an investigation under this chapter with respect to such priority foreign country practices. ``(d) Agreements for the Elimination of Barriers.--In the consultations with a foreign country that the Trade Representative is required to request under section 303(a) with respect to an investigation initiated by reason of subsection (c), the Trade Representative shall seek to negotiate an agreement that provides for the elimination of the practices that are the subject of the investigation as quickly as possible or, if elimination of the practices is not feasible, an agreement that provides for compensatory trade benefits. ``(e) Reports.--The Trade Representative shall include in the semiannual report required by section 309 a report on the status of any investigations initiated pursuant to subsection (c) and, where appropriate, the extent to which such investigations have led to increased opportunities for the export of products and services of the United States.''. (b) Initial Report on Chinese Practices.--Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative shall identify, and report to the Congress on, priority foreign trade practices of the People's Republic of China, in accordance with section 310 of the Trade Act of 1974, as amended by subsection (a) of this section. (c) Conforming Amendment.--The item relating to section 310 in the table of contents of the Trade Act of 1974 is amended to read as follows: ``Sec. 310. Identification of trade expansion priorities.''. SEC. 7. REQUIREMENT OF CASH DEPOSITS. Section 751(a)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 1675(a)(2)(B)) is amended-- (1) by striking clause (iii); and (2) by redesignating clause (iv) as clause (iii). SEC. 8. ITC INVESTIGATION. (a) Investigation.--The United States International Trade Commission shall conduct a study, under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332), regarding how the People's Republic of China uses government intervention to promote investment, employment, and exports. The study shall comprehensively catalog, and when possible quantify, the practices and policies that central, provincial, and local government bodies in the People's Republic of China use to support and to attempt to influence decisionmaking in China's manufacturing enterprises and industries. Chapters of this study shall include, but not be limited to, the following: (1) Privatization and private ownership. (2) Price coordination. (3) Targeting of industries. (4) Banking and finance. (5) Utility rates. (6) Infrastructure development. (7) Taxation. (8) Restraints on imports and exports. (9) Research and development. (10) Worker training and retraining. (11) Rationalization and closure of uneconomic enterprises. (b) Timing of Reports on Investigation.--The Congress requests that-- (1) not later than 9 months after the date of the enactment of this Act, the International Trade Commission complete its investigation under subsection (a) and submit a report on the investigation to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; and (2) not later than 1 year after the report under paragraph (1) is submitted, and annually thereafter through 2016, the International Trade Commission prepare and submit to the committees referred to in paragraph (1) an update of the report. SEC. 9. AMENDMENTS RELATING TO INTERNATIONAL FINANCIAL POLICY. (a) Bilateral Negotiations.--Section 3004(b) of the Exchange Rates and International Economic Policy Coordination Act of 1988 (22 U.S.C. 5304(b)) is amended in the second sentence by striking ``(1) have material global account surpluses; and (2)''. (b) Definition of Manipulation.--Section 3006 of the Exchange Rates and International Economic Policy Coordination Act of 1988 (22 U.S.C. 5306) is amended by adding at the end the following: ``(3) Manipulation of rate of exchange.--A country shall be considered to be manipulating the rate of exchange between its currency and the United States dollar if there is a protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance of payments adjustment or gains an unfair competitive advantage over the United States.''. (c) Report.--Section 3005(b) of the Exchange Rates and International Economic Policy Coordination Act of 1988 (22 U.S.C. 5305(b)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) a detailed explanation of the test the Secretary uses to determine whether or not a country is manipulating the rate of exchange between that country's currency and the dollar for purposes of preventing effective balance of payments adjustment or gaining an unfair competitive advantage over the United States.''.

Fair Trade with China Act of 2005 - Amends the Tariff Act of 1930 to apply its countervailing duty requirements to nonmarket economy countries. Amends the Trade Act of 1974, with respect to enforcement of U.S. rights under trade agreements and response to certain foreign trade practices, to include unjustifiable acts, policies, or practices which involve currency manipulation. Requires the U.S. Trade Representative (USTR) to investigate the currency practices of the People's Republic of China (PRC), make applicable determinations, and implement any appropriate action. Requires the USTR to: (1) first initiate consultations with each foreign country identified as engaging in priority foreign country practices to reach a satisfactory resolution of such practices; and (2) then investigate the practices in question if a satisfactory resolution has not been reached within a specified period. Requires the USTR to identify and report to Congress on such PRC priority foreign trade practices. Amends the Tariff Act of 1930 to repeal the requirement that the administering authority direct the Customs Service to allow an importer to opt to post a bond or security, until completion of the review, in lieu of a cash deposit for each entry of the subject merchandise (bonding privileges). (Thus, requires cash deposits for such entries). Requires) the U.S. International Trade Commission to study and report to Congress on how the PRC uses government intervention to promote investment, employment, and exports. Amends the Exchange Rates and International Economic Policy Coordination Act of 1988 with respect to bilateral negotiations with countries considered to manipulate the rate of exchange between their currency and the U.S. dollar for purposes of preventing effective balance of payments adjustments or gaining unfair competitive advantage in international trade. Reduces the preconditions for the initiation of negotiations by the Secretary of the Treasury to possession of significant bilateral trade surpluses with the United States (removing the other current condition of possession of material global current account surpluses). Declares that a country shall be considered to be manipulating the rate of exchange between its currency and the U.S. dollar if there is a protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance of payments adjustment or gains an unfair competitive advantage over the United States.

{"src": "billsum_train", "title": "To amend the Tariff Act of 1930 and the Trade Act of 1974 to provide relief from certain practices by other countries, and for other purposes."}

SECTION 1. EDUCATIONAL USE COPYRIGHT EXEMPTION. (a) Short Title.--This Act may be cited as the ``Technology, Education, and Copyright Harmonization Act of 2001''. (b) Exemption of Certain Performances and Displays for Educational Uses.--Section 110 of title 17, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) except with respect to a work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display that is given by means of a copy or phonorecord that is not lawfully made and acquired under this title, and the transmitting government body or accredited nonprofit educational institution knew or had reason to believe was not lawfully made and acquired, the performance of a nondramatic literary or musical work or reasonable and limited portions of any other work, or display of a work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission, if-- ``(A) the performance or display is made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit educational institution; ``(B) the performance or display is directly related and of material assistance to the teaching content of the transmission; ``(C) the transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to-- ``(i) students officially enrolled in the course for which the transmission is made; or ``(ii) officers or employees of governmental bodies as a part of their official duties or employment; and ``(D) the transmitting body or institution-- ``(i) institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and ``(ii) in the case of digital transmissions-- ``(I) applies technological measures that reasonably prevent-- ``(aa) retention of the work in accessible form by recipients of the transmission from the transmitting body or institution for longer than the class session; and ``(bb) unauthorized further dissemination of the work in accessible form by such recipients to others; and ``(II) does not engage in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination;''; and (2) by adding at the end the following: ``In paragraph (2), the term `mediated instructional activities' with respect to the performance or display of a work by digital transmission under this section refers to activities that use such work as an integral part of the class experience, controlled by or under the actual supervision of the instructor and analogous to the type of performance or display that would take place in a live classroom setting. The term does not refer to activities that use, in 1 or more class sessions of a single course, such works as textbooks, course packs, or other material in any media, copies or phonorecords of which are typically purchased or acquired by the students in higher education for their independent use and retention or are typically purchased or acquired for elementary and secondary students for their possession and independent use. ``For purposes of paragraph (2), accreditation-- ``(A) with respect to an institution providing post-secondary education, shall be as determined by a regional or national accrediting agency recognized by the Council on Higher Education Accreditation or the United States Department of Education; and ``(B) with respect to an institution providing elementary or secondary education, shall be as recognized by the applicable state certification or licensing procedures. ``For purposes of paragraph (2), no governmental body or accredited nonprofit educational institution shall be liable for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material as authorized under paragraph (2). No such material stored on the system or network controlled or operated by the transmitting body or institution under this paragraph shall be maintained on such system or network in a manner ordinarily accessible to anyone other than anticipated recipients. No such copy shall be maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary to facilitate the transmissions for which it was made.''. (c) Ephemeral Recordings.-- (1) In general.--Section 112 of title 17, United States Code, is amended-- (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following: ``(f)(1) Notwithstanding the provisions of section 106, and without limiting the application of subsection (b), it is not an infringement of copyright for a governmental body or other nonprofit educational institution entitled under section 110(2) to transmit a performance or display to make copies or phonorecords of a work that is in digital form and, solely to the extent permitted in paragraph (2), of a work that is in analog form, embodying the performance or display to be used for making transmissions authorized under section 110(2), if-- ``(A) such copies or phonorecords are retained and used solely by the body or institution that made them, and no further copies or phonorecords are reproduced from them, except as authorized under section 110(2); and ``(B) such copies or phonorecords are used solely for transmissions authorized under section 110(2). ``(2) This subsection does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted hereunder, only with respect to the amount of such works authorized to be performed or displayed under section 110(2), if-- ``(A) no digital version of the work is available to the institution; or ``(B) the digital version of the work that is available to the institution is subject to technological protection measures that prevent its use for section 110(2).''. (2) Technical and conforming amendment.--Section 802(c) of title 17, United States Code, is amended in the third sentence by striking ``section 112(f)'' and inserting ``section 112(g)''. (d) Patent and Trademark Office Report.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and after a period for public comment, the Undersecretary of Commerce for Intellectual Property, after consultation with the Register of Copyrights, shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report describing technological protection systems that have been implemented, are available for implementation, or are proposed to be developed to protect digitized copyrighted works and prevent infringement, including upgradeable and self-repairing systems, and systems that have been developed, are being developed, or are proposed to be developed in private voluntary industry-led entities through an open broad based consensus process. The report submitted to the Committees shall not include any recommendations, comparisons, or comparative assessments of any commercially available products that may be mentioned in the report. (2) Limitations.--The report under this subsection-- (A) is intended solely to provide information to Congress; and (B) shall not be construed to affect in any way, either directly or by implication, any provision of title 17, United States Code, including the requirements of clause (ii) of section 110(2)(D) of that title (as added by this Act), or the interpretation or application of such provisions, including evaluation of the compliance with that clause by any governmental body or nonprofit educational institution. Passed the Senate June 7, 2001. Attest: GARY SISCO, Secretary.

Technology, Education, and Copyright Harmonization Act of 2001 - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to digital distance learning or distance education. Excludes from such exemption (thus subjecting to infringement liability) any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display that is given by means of a copy or phonorecord that is not lawfully made and acquired and the transmitting government body or accredited nonprofit educational institution knew or had reasons to believe was not lawfully made and acquired. Allows under specified conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission.Revises the conditions of such transmission to: (1) require the performance or display to be made by or at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit education institution; (2) limit its reception to students officially enrolled in the course for which it is made or officers or employees of governmental bodies as a part of their official duties or employment; and (3) require the transmitting body or institution to take specified actions to promote faculty, student, and staff compliance with copyright law. Requires the transmitting body or institution also, in the case of digital transmission, to: (1) apply technological measures that reasonably prevent retention of the work in accessible form by transmission recipients for longer than the class session, and any unauthorized further dissemination of the work in accessible form by such recipients to others; and (2) refrain from engaging in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination.Exempts governmental bodies and accredited nonprofit educational institutions from liability for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act.Declares that this Act does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted only with respect to the amount of such works authorized to be performed or displayed if: (1) no digital version of the work is available to the institution; or (2) such digital version is subject to technological protection measures that prevent its use.Requires the Undersecretary of Commerce for Intellectual Property to report to specified congressional committees on technological protection systems that have been implemented, are available for implementation, or are proposed to be developed to protect digitized copyrighted works and prevent infringement, including upgradeable and self-repairing systems, and systems that have been developed, are being developed, or are proposed to be developed in private voluntary industry-led entities through an open broad based consensus process.

{"src": "billsum_train", "title": "A bill to amend chapter 1 of title 17, United States Code, relating to the exemption of certain performances or displays for educational uses from copyright infringement provisions, to provide that the making of copies or phonorecords of such performances or displays is not an infringement under certain circumstances, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Digital School Districts Act''. SEC. 2. NATIONAL DIGITAL SCHOOL DISTRICTS. (a) Purposes.--The purposes of this section are-- (1) to address the important role that technology and the Internet can play in enhancing and improving education in the schools of the United States when resources are allocated strategically and effectively; (2) to assist State and local school administrators in the United States in effectively devoting resources on proven methods to incorporate the use of high technology and the Internet in educational curricula; (3) to encourage the development of innovative strategic approaches to the appropriate and effective use of technology in teaching, learning, and managing elementary schools and secondary schools; (4) to evaluate and assess the various strategies described in paragraph (3) and provide models for the innovative use of technology in schools in the United States; and (5) to encourage partnerships between educational institutions and the private sector relating to the use of technology described in paragraph (3) in schools in the United States. (b) Definitions.--In this section: (1) Elementary and secondary school; state and local educational agencies.--The terms ``elementary school'', ``secondary school'', State educational agency'' and ``local educational agency'' have the meanings given such terms in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) State.--The term ``State'' means 1 of the several States of the United States and the District of Columbia. (4) State educational agency.--The term ``State educational agency'' means the State educational agency of a State. (c) Grants to State Educational Agencies.-- (1) Fiscal year 2002.--For fiscal year 2002, the Secretary shall award 1 grant to each State educational agency to make subgrants to local educational agencies to create national digital school districts. (2) Fiscal year 2003.-- (A) In general.--For fiscal year 2003, the Secretary shall award 1 grant to each State educational agency to pay for the Federal share of the cost of making subgrants to local educational agencies to create national digital school districts. (B) Federal share.--The Federal share of the cost referred to in subparagraph (A) is 50 percent. (3) State applications.--To be eligible to receive a grant under this section, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Subgrants to Local Educational Agencies.-- (1) Subgrants.--A State educational agency that receives a grant under subsection (c) shall use not less than 95 percent of the funds made available through the grant to make subgrants, on a competitive basis, to local educational agencies. (2) Notice.--The State educational agency shall provide notice to all local educational agencies in the State of the availability of subgrants under this subsection and of the requirements for applying for the subgrants. (3) Local applications.--To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (4) Use of subgrants.--A local educational agency that receives a subgrant under this subsection may use the funds made available through the subgrant to create a national digital school district by-- (A) acquiring technology; (B) providing teacher mentoring; and (C) carrying out other efforts to achieve the purposes of this section. (e) Academic Research.--The Secretary shall award grants, on a competitive basis, for fiscal year 2004 to institutions of higher education, to conduct research on the effectiveness of the technology used in national digital school districts. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 3. NATIONAL EVALUATION OF TECHNOLOGY PLANS. Not later than 36 months after the date of enactment of this Act, the Secretary, in consultation with other Federal departments or agencies, State and local educational practitioners, and policy makers, including teachers, principals and superintendents, and experts in technology and the application of technology to education, shall report to Congress on best practices in implementing technology effectively. The report shall include recommendations for the purpose of establishing best practices that can be widely implemented by State and local educational agencies.

National Digital School Districts Act - Directs the Secretary of Education to: (1) make one-year grants to State educational agencies to make competitive subgrants to local educational agencies to create national digital school districts by acquiring technology, providing teacher mentoring, and other related efforts; (2) make competitive grants to institutions of higher education to conduct research on the effectiveness of the technology used in national digital school districts; and (3) evaluate and report on best practices in implementing technology in education.

{"src": "billsum_train", "title": "A bill to provide for national digital school districts."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Corruption Prosecution Improvements Act''. SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC CORRUPTION OFFENSES. (a) In General.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3300. Corruption offenses ``No person shall be prosecuted, tried, or punished for a violation of, or a conspiracy or an attempt to violate-- ``(1) section 201 or 666; ``(2) section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official; ``(3) section 1951, if the offense involves extortion under color of official right; ``(4) section 1952, to the extent that the unlawful activity involves bribery; or ``(5) section 1962 to the extent that the racketeering activity involves-- ``(A) bribery chargeable under State law; or ``(B) a violation of-- ``(i) section 201 or 666; ``(ii) section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official; or ``(iii) section 1951, if the offense involves extortion under color of official right; unless an indictment is returned or the information is filed within 6 years after the commission of the offense.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``3300. Corruption offenses.''. (c) Application of Amendment.--The amendments made by this section shall not apply to any offense committed before the date of enactment of this Act. SEC. 3. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE. Section 666(a) of title 18, United States Code, is amended-- (1) in paragraph (1)(B), by striking ``of $5,000'' and inserting ``of $1,000''; and (2) in paragraph (2), by striking ``$5,000'' and inserting ``$1,000''. SEC. 4. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY OFFENSE. Section 641 of title 18, United States Code, is amended by inserting ``the District of Columbia or'' before ``the United States'' each place that term appears. SEC. 5. ADDITIONAL RICO AND MONEYLAUDERING PREDICATES. (a) Rico.--Section 1961(1) of title 18, United States Code, is amended-- (1) by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records),'' after ``473 (relating to counterfeiting),''; and (2) by inserting ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 664 (relating to embezzlement from pension and welfare funds),''. (b) Moneylaundering.--Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by striking ``section 641 (relating to public money, property, or records),''; and (2) by striking ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),''. SEC. 6. ADDITIONAL WIRETAP PREDICATES. Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records), section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 224 (bribery in sporting contests),''. SEC. 7. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES. (a) Definition.--Section 201(a) of title 18, United states Code, is amended-- (1) in paragraph (2), by striking ``and'' after the semicolon; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by inserting at the end the following: ``(4) the term `rule or regulation' means a Federal regulation or a rule of the House of Representatives or the Senate, including those rules and regulations governing the acceptance of campaign contributions.''. (b) Clarification.--Section 201(c)(1) of title 18, United States Code, is amended-- (1) by striking the matter before subparagraph (A) and inserting ``otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation--''; (2) in subparagraph (A), by inserting after ``, or person selected to be a public official,'' the following: ``for or because of the official's or person's official position,''; and (3) in subparagraph (B)-- (A) by striking ``otherwise than as provided by law for the proper discharge of official duty,''; and (B) by striking all after ``anything of value personally'' and inserting ``for or because of the official's or person's official position, or for or because of any official act performed or to be performed by such official or person;''. SEC. 8. CLARIFICATION OF DEFINITION OF OFFICIAL ACT. Section 201(a)(3) of title 18, United States Code, is amended to read as follows: ``(3) the term `official act'-- ``(A) means any action within the range of official duty, and any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official's official capacity or in such official's place of trust or profit; and ``(B) may be a single act, more than one act, or a course of conduct; and''. SEC. 9. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO INVESTIGATE AND PROSECUTE PUBLIC CORRUPTION OFFENSES. There are authorized to be appropriated to the Department of Justice, including the United States Attorneys' Offices, the Federal Bureau of Investigation, and the Public Integrity Section of the Criminal Division, $25,000,000 for each of the fiscal years 2010, 2011, 2012, and 2013, to increase the number of personnel to investigate and prosecute public corruption offenses including sections 201, 203 through 209, 641, 654, 666, 1001, 1341, 1343, 1346, and 1951 of title 18, United States Code.

Public Corruption Prosecution Improvements Act - Amends the federal criminal code to: (1) establish a six-year limitation period for the prosecution of certain public corruption crimes, including bribery, theft of government property, mail fraud, and racketeering; (2) expand the penalties for theft or bribery involving programs receiving federal funds; (3) expand the prohibition against theft of public money or property to include thefts in the District of Columbia; (4) include certain government theft and bribery offenses as predicates for racketeering and money laundering prosecutions and wiretaps; and (5) expand the definition of "official act" for purposes of the crime of bribery of public officials and witnesses. Authorizes appropriations for additional Department of Justice (DOJ) personnel to investigate and prosecute public corruption offenses.

{"src": "billsum_train", "title": "To help Federal prosecutors and investigators combat public corruption by strengthening and clarifying the law."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemember Mental Health Review Act''. SEC. 2. FINDINGS. (1) Since September 11, 2001, approximately 30,000 veterans have been separated from the Armed Forces on the basis of a personality disorder or adjustment disorder. (2) Nearly all veterans who are separated on the basis of a personality or adjustment disorder are prohibited from accessing service-connected disability compensation, disability severance pay, and disability retirement pay. (3) Many veterans who are separated on the basis of a personality or adjustment disorder are unable to find employment because of the ``personality disorder'' or ``adjustment disorder'' label on their Certificate of Release or Discharge from Active Duty. (4) The Government Accountability Office has found that the regulatory compliance of the Department of Defense in separating members of the Armed Forces on the basis of a personality or adjustment disorder was as low as 40 percent between 2001 and 2007. (5) The establishment of a Mental Health Discharge Board of Review to review the separation of veterans who are separated on the basis of a personality or adjustment disorder is warranted to ensure that any veteran wrongly separated on such basis will have the ability to access disability benefits and employment opportunities available to veterans. SEC. 3. DEPARTMENT OF DEFENSE REVIEW OF MILITARY SEPARATION ON BASIS OF A MENTAL CONDITION NOT AMOUNTING TO DISABILITY. (a) Review Required.--Chapter 79 of title 10, United States Code, is amended by inserting after section 1554a the following new section: ``Sec. 1554b. Review of separation on basis of mental condition not amounting to disability ``(a) In General.--(1) The Secretary of Defense shall oversee the establishment within the Office of the Secretary of each military department a board of review to review determinations previously made that covered individuals separated from the armed forces have a mental condition not amounting to disability. The board of each military department shall be known as the `Mental Health Discharge Board of Review'. ``(2) Each Mental Health Discharge Board of Review shall consist of not less than five members appointed by the Secretary. At least one licensed psychologist and one licensed psychiatrist who has not had any fiduciary responsibility to the Department of Defense since December 31, 2001, shall be appointed to the board. ``(3) The Secretary of a military department shall equip the Mental Health Discharge Board of Review established for that department with adequate administrative and behavioral health support staff. ``(b) Covered Individuals.--For purposes of this section, covered individuals are members and former members of the armed forces who have been separated from the armed forces since September 11, 2001, because of unfitness for duty because of a mental condition not amounting to disability, including separation on the basis of a personality disorder or adjustment disorder. ``(c) Notification of Availability of Review.--(1) The Secretary of Defense shall ensure, to the greatest extent practicable, that each covered individual receives oral and written notification of the right of the covered individual to the review by the appropriate Mental Health Discharge Board of Review of the separation of the covered individual from the armed forces. ``(2) The Secretary of the military department with jurisdiction over the armed force in which a covered individual served immediately before separation shall be responsible for providing to the covered individual the notification required by this subsection. The Secretary of Defense shall monitor compliance with this notification requirement and promptly notify Congress of any failures to comply. ``(3) If a covered individual does not receive notification under this subsection, the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual may file a request for the Mental Health Discharge Board of Review to review the separation of the covered individual from the armed forces. ``(d) Legal Counsel.--The notification required by subsection (c) shall-- ``(1) inform the covered individual of the right to obtain private counsel to represent the covered individual before the Mental Health Discharge Board of Review; and ``(2) include a list of organizations that may provide counsel at no cost to the covered individual. ``(e) Review.--(1) For each covered individual, the Mental Health Discharge Board of Review shall review-- ``(A) the findings of the psychologist or psychiatrist of the Department of Defense who diagnosed the mental condition; ``(B) the findings and decisions of the separation authority with respect to the covered individual; and ``(C) whether the separation authority correctly followed the process for separation as set forth in law, including regulations. ``(2) The review by the Mental Health Discharge Board of Review under paragraph (1) shall be based on the records of the Department of Defense and the Department of Veterans Affairs and such other evidence as may be presented to the Mental Health Discharge Board of Review. The board shall consider any and all evidence to be considered, including private mental health records submitted by the covered individual in support of the claim. ``(3) If the Mental Health Discharge Board of Review proposes, upon its own motion, to conduct a review under paragraph (1) with respect to a covered individual, the Mental Health Discharge Board of Review shall notify the covered individual, or a surviving spouse, next of kin, or legal representative of the covered individual, of the proposed review and obtain the consent of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual before proceeding with the review. ``(4) After the Mental Health Discharge Board of Review has completed the review under this subsection with respect to the separation of a covered individual, the board must provide the claimant with a statement of reasons concerning the board's decision. The covered individual has the right to raise with the board a motion for reconsideration if new evidence can be presented that would address the issues raised in the board's statement of reasons. ``(f) Authorized Recommendations.--The Mental Health Discharge Board of Review may, as a result of its findings in a review under subsection (e), recommend to the Secretary of the military department concerned the following (as applicable) with respect to a covered individual: ``(1) No negative recharacterization of the separation of such individual or modification of the disability rating previously assigned such individual. ``(2) The recharacterization of the separation of such individual to retirement for disability. ``(3) The recharacterization of the separation of such individual-- ``(A) to separation for disability with entitlement to receive severance pay; ``(B) to separation upon expiration of term of service; or ``(C) to separation for convenience of the Government. ``(4) The issuance of a new disability rating for such individual. ``(g) Compliance With Administrative Procedure Act Transparency Requirement.--If the Mental Health Discharge Board of Review does not recommend under subsection (f)(2) a recharacterization of the separation of a covered individual to retirement for disability, the Mental Health Discharge Board of Review shall include a brief statement of the reasons why such a recommendation was not made. The recommendation and, if applicable, the brief statement shall be mailed to the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual. ``(h) Correction of Military Records.--(1) The Secretary of the military department concerned shall correct the military records of a covered individual in accordance with the recommendation made by the Mental Health Discharge Board of Review under subsection (f). Any such correction shall be made effective as of the date of the separation of the covered individual. ``(2) In the case of a covered individual previously separated with a lump-sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which such individual would be entitled based on the individual's military record as corrected shall be reduced to take into account receipt of such lump- sum or other payment in such manner as the Secretary of the military department concerned considers appropriate. ``(i) Regulations.--(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense. ``(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1554a the following new item: ``1554b. Review of separation on basis of mental condition not amounting to disability.''. (c) Implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall require the establishment of the Mental Health Discharge Boards of Review required under section 1554b of title 10, United States Code, as added by subsection (a) and prescribe the regulations required by subsection (i) of such section.

Servicemember Mental Health Review Act - Directs the Secretary of Defense (DOD) to establish within each military department a board of review to review determinations previously made that covered individuals separated from the Armed Forces have a mental condition not amounting to disability. Defines "covered individuals" as members and former members of the Armed Forces who have been separated from the Armed Forces since September 11, 2001, because of unfitness for duty because of a mental condition not amounting to disability, including separation on the basis of a personality disorder or adjustment disorder. Requires the Secretary to ensure that covered individuals receive notification of their right to a separation review by the appropriate Mental Health Discharge Board of Review. Requires the establishment of such Boards. Permits a Board to make specified recommendations to the Secretary with respect to a covered individual, including the recharacterization of the separation.

{"src": "billsum_train", "title": "To amend title 10, United States Code, to require a review of the separation of members of the Armed Forces on the basis of a mental condition not amounting to disability, including separation on the basis of a personality or adjustment disorder."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Library of Congress Administrative Reform Act of 2015''. SEC. 2. AUTHORIZING NATIONAL LIBRARY SERVICE FOR THE BLIND AND PHYSICALLY HANDICAPPED TO PROVIDE PLAYBACK EQUIPMENT IN ALL FORMATS. The first sentence of the Act entitled ``An Act to provide books for the adult blind'', approved March 3, 1931 (2 U.S.C. 135a), is amended by striking ``and for purchase, maintenance, and replacement of reproducers for such sound-reproduction recordings'' and inserting ``and for purchase, maintenance, and replacement of reproducers for any such forms''. SEC. 3. LIBRARY OF CONGRESS NATIONAL COLLECTION STEWARDSHIP FUND. (a) Establishment.--There is hereby established in the Treasury of the United States, as an account for the Librarian of Congress, the ``Library of Congress National Collection Stewardship Fund'' (hereafter in this section referred to as the ``Fund''). (b) Contents of Fund.--The Fund shall consist of the following amounts: (1) Such amounts as may be transferred by the Librarian from amounts appropriated for any fiscal year for the Library of Congress under the heading ``Salaries and Expenses''. (2) Such amounts as may be transferred by the Architect of the Capitol from amounts appropriated for any fiscal year for the Architect of the Capitol under the heading ``Library of Congress Buildings and Grounds''. (3) Such amounts as may be appropriated to the Fund under law. (c) Use of Amounts.--Amounts in the Fund may be used by the Librarian as follows: (1) The Librarian may use amounts directly for the purpose of preparing collection materials of the Library of Congress for long-term storage. (2) The Librarian may transfer amounts to the Architect of the Capitol for the purpose of designing, constructing, altering, upgrading, and equipping collections preservation and storage facilities for the Library of Congress, or for the purpose of acquiring real property by lease for the preservation and storage of Library of Congress collections in accordance with section 1102 of the Legislative Branch Appropriations Act, 2009 (2 U.S.C. 1823a). (d) Continuing Availability of Funds.--Any amounts in the Fund shall remain available until expended. (e) Annual Report.--Not later than 180 days after the end of each fiscal year, the Librarian and the Architect of the Capitol shall submit a joint report on the Fund to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and the Senate. (f) Initial 5-Year Plan.--Not later than 6 months after the date of the enactment of this Act, the Librarian shall submit to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and the Senate a report providing a plan for expenditures from the Fund for the first 5 fiscal years of the Fund's operation. SEC. 4. EXPANDING USES OF CERTAIN REVOLVING FUNDS. (a) National Audiovisual Conservation Center Fund.--Section 101 of the Library of Congress Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182a) is amended-- (1) in the heading, by striking ``duplication''; and (2) in subsection (a)-- (A) by striking ``duplication and delivery services provided by the Librarian'' and inserting ``the following programs and activities of the Librarian''; (B) by striking the period at the end and inserting a colon; and (C) by adding at the end the following new paragraphs: ``(1) Services related to the duplication and preservation of audiovisual materials and associated collections. ``(2) Storage, inspection, and delivery of audiovisual materials and associated collections.''. (b) Revolving Fund for Gift Shop and Related Services.--Section 102 of such Act (2 U.S.C. 182b) is amended-- (1) in the heading, by striking ``gift shop'' and all that follows and inserting ``sales and other services''; and (2) in subsection (a), by adding at the end the following new paragraphs: ``(5) Traveling exhibitions and exhibition materials. ``(6) Training.''. (c) Inclusion of Tribal Governments in FEDLINK Program.--Section 103(f)(1) of such Act (2 U.S.C. 182c(f)(1)) is amended by inserting after ``Federal Government,'' the following: ``tribal governments (as defined in section 502(c)(3)(B) of title 40, United States Code),''. SEC. 5. AUTHORITY TO ACCEPT GIFTS AND BEQUESTS. (a) Expanding Types of Gifts That May Be Accepted.--The first undesignated paragraph of section 4 of the Act entitled ``An Act to create a Library of Congress Trust Fund Board, and for other purposes'', approved March 3, 1925 (2 U.S.C. 160), is amended-- (1) in the first sentence, by striking ``in the name of the United States'' and all that follows and inserting the following: ``in the name of the United States and in the interest of the Library, its collections, or its service gifts or bequests of personal property, nonpersonal services, voluntary and uncompensated personal services, or money for immediate disbursement.''; (2) in the second sentence, by inserting ``of money'' after ``bequests''; and (3) in the third sentence, by striking ``enter them'' and inserting ``enter the gift, bequest, or proceeds''. (b) Treatment of Gifts of Securities.--The first undesignated paragraph of section 4 of such Act (2 U.S.C. 160) is amended by inserting after the first sentence the following new sentence: ``In the case of a gift of securities, the Librarian shall sell the gift and provide the donor with a receipt from the proceeds of the sale.''. SEC. 6. CONTINUATION OF SERVICE OF RETURNING MEMBERS OF JOINT COMMITTEE ON THE LIBRARY AT BEGINNING OF CONGRESS. (a) Continuation of Service.-- (1) In general.--During the period beginning on the first day of a Congress and ending on the date described in paragraph (2), any Member of Congress who served as a member of the Joint Committee on the Library during the previous Congress shall continue to serve as a member of the Joint Committee. (2) Date described.--The date described in this paragraph is, with respect to a Congress-- (A) in the case of a Member of Congress who is a Member of the House of Representatives, the date on which Members of the House are appointed to serve on the Joint Committee for the Congress; and (B) in the case of a Member of Congress who is a Senator, the date on which Senators are appointed to serve on the Joint Committee for the Congress. (b) Conforming Amendment.--The final undesignated paragraph under the heading ``Senate.'' in section 2 of the Act of March 3, 1883 (chapter 141; 22 Stat. 592) (2 U.S.C. 133), is hereby repealed. (c) Effective Date.--This section and the amendment made by this section shall apply with respect to the One Hundred Fifteenth Congress and each succeeding Congress. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to fiscal year 2016 and each succeeding fiscal year.

Library of Congress Administrative Reform Act of 2015 This bill authorizes the Library of Congress (LOC) to purchase, maintain, or replace reproducers for books published either in raised characters, on sound-reproduction recordings, or in any other form (currently limited to reproducers of sound-reproduction recordings) for the use of the blind and for other physically disabled U.S. residents. The bill establishes the Library of Congress National Collection Stewardship Fund, whose amounts may be used directly for preparing collection materials for long-term storage. The use of the LOC revolving fund associated with the national audiovisual conservation center shall include preservation and storage of audiovisual materials and associated collections. Use of the LOC revolving fund currently devoted to the gift shop, decimal classification, photo duplication, and related services shall extend to traveling exhibitions and exhibition materials as well as to training services. The Federal Library and Information Network (FEDLINK) program shall provide specified services on behalf of tribal governments. The types of gifts the LOC may accept shall include bequests of personal property, nonpersonal services, voluntary and uncompensated personal services, or securities. The bill also provides for the continued service on the Joint Committee on the Library in a new Congress of Members of Congress who served on such Committee in a previous Congress.

{"src": "billsum_train", "title": "Library of Congress Administrative Reform Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Listing and Delisting Process Reform Act of 1999''. SEC. 2. LISTING PROCESS REFORMS. (a) Best Scientific and Commercial Data Available.-- (1) In general.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended-- (A) by striking the section heading and inserting the following: ``definitions and general provisions''; (B) by striking ``For the purposes of this Act--'' and inserting the following: ``(a) Definitions.--In this Act:''; and (C) by adding at the end the following: ``(b) General Provisions.--Where this Act requires the Secretary to use the best scientific and commercial data available, the Secretary shall obtain and use scientific or commercial data that is empirical or has been field-tested or peer-reviewed.''. (2) Conforming amendment.--The table of contents in the first section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is amended by striking the item relating to section 3 and inserting the following: ``Sec. 3. Definitions and general provisions.''. (b) Finding of Sufficient Biological Information To Support Recovery Planning.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended-- (1) in paragraph (1)(A), by adding at the end the following: ``The Secretary shall determine that a species is an endangered species or a threatened species only if the Secretary finds that there is sufficient biological information to support recovery planning for the species under subsection (f).''; and (2) in the first sentence of paragraph (3)(A), by inserting before the period at the end the following: ``and as to whether the petition presents sufficient biological information to support recovery planning for the species under subsection (f)''. (c) Petition Process.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) Listing petition information.--In the case of a petition to add a species to a list published under subsection (c), a finding that the petition presents the information described in subparagraph (A) shall not be made unless the petition provides-- ``(i) documentation from a published scientific source that the fish, wildlife, or plant that is the subject of the petition is a species; ``(ii) a description of the available data on the historical and current range and distribution of the species, an explanation of the methodology used to collect the data, and identification of the location where the data can be reviewed; ``(iii) an appraisal of the available data on the status and trends of all extant populations of the species; ``(iv) an appraisal of the available data on the threats to the species; ``(v) an identification of the information contained or referred to in the petition that has been peer-reviewed or field-tested; and ``(vi) a description of at least 1 study or credible expert opinion, from a person not affiliated with the petitioner, to support the action requested in the petition. ``(F) Notification to states.-- ``(i) Petitioned actions.--If a petition is found to present information described in subparagraph (A), the Secretary shall notify and provide a copy of the petition to the State agency of each State in which the species is believed to occur and solicit the assessment of the agency, to be submitted to the Secretary during a comment period ending 90 days after the date of notification, as to whether the petitioned action is warranted. ``(ii) Other actions.--If the Secretary has not received a petition to add a species to a list published under subsection (c) and the Secretary is considering proposing to list the species as an endangered species or a threatened species under subsection (a), the Secretary shall notify the State agency of each State in which the species is believed to occur and solicit the assessment of the agency, to be submitted to the Secretary during a comment period ending 90 days after the date of the notification, as to whether the listing would be in accordance with subsection (a). ``(iii) Consideration of state assessments.--Before publication of a finding described in subparagraph (A) that a petition is warranted, the Secretary shall consider any assessments submitted with respect to the species within the comment period established under clause (i) or (ii).''. (d) Improving Public Hearings in the Listing Process.-- (1) In general.--Section 4(b)(5) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)) is amended by striking subparagraph (E) and inserting the following: ``(E) promptly hold at least 2 hearings in each State in which the species proposed for determination as an endangered species or a threatened species is located (including at least 1 hearing in an affected rural area if 1 or more rural areas within the State are affected by the determination), except that the Secretary may not be required to hold more than 10 hearings under this subparagraph with respect to the proposed regulation.''. (2) Definition of rural area.--Section 3(a) of the Endangered Species Act of 1973 (16 U.S.C. 1532(a)) (as amended by subsection (a)(1)(B)) is amended-- (A) by redesignating paragraphs (12) through (14) as paragraphs (11) through (13), respectively; and (B) by inserting before paragraph (15) the following: ``(14) Rural area.--The term `rural area' means a county or unincorporated area that has no city or town that has a population of more than 10,000 inhabitants.''. (3) Conforming amendment.--Section 7(n) of the Endangered Species Act of 1973 (16 U.S.C. 1536(n)) is amended in the first sentence by striking ``, as defined by section 3(13) of this Act,''. (e) Emergency Listing.--Section 4(b)(7) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(7)) is amended by striking ``posing a significant risk to the well-being'' and inserting ``that poses an imminent threat to the continued existence''. (f) Other Listing Reforms.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) Availability of listing data.-- ``(A) In general.--Subject to subparagraph (B), upon publication of a proposed regulation determining that a species is an endangered species or a threatened species, the Secretary shall make publicly available-- ``(i) all information on which the determination is based, including all scientific studies and data underlying the studies; and ``(ii) all information relating to the species that the Secretary possesses and that does not support the determination. ``(B) Limitation.--Subparagraph (A) does not require disclosure of any information that-- ``(i) is not subject to section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act'); or ``(ii) is prohibited from being disclosed under section 552a of title 5, United States Code (commonly known as the `Privacy Act'). ``(10) Establishment of criteria for scientific studies to support listing.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations that establish criteria that must be met for scientific and commercial data to be used as the basis of a determination under this section that a species is an endangered species or a threatened species. ``(11) Field data.-- ``(A) Requirement.--The Secretary may not determine that a species is an endangered species or a threatened species unless the determination is supported by data obtained by observation of the species in the field. ``(B) Data from landowners.--The Secretary shall-- ``(i) accept and acknowledge receipt of data regarding the status of a species that is collected by the owner of land through observation of the species on the land; and ``(ii) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species.''. SEC. 3. DEADLINE FOR DEVELOPMENT OF RECOVERY PLANS. Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following: ``(6) Deadline for development of recovery plans.--The Secretary shall-- ``(A) begin developing a recovery plan required for a species under paragraph (1) on the date of promulgation of the proposed regulation to implement a determination under subsection (a)(1) with respect to the species; and ``(B) issue a recovery plan in final form not later than the date of promulgation of the final regulation to implement the determination.''. SEC. 4. DELISTING. Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) (as amended by section 3) is amended by adding at the end the following: ``(7) Effect of fulfillment of recovery plan criteria.-- ``(A) Change in status.--If the Secretary finds that the criteria of a recovery plan have been met for a change in status of the species covered by the recovery plan from an endangered species to a threatened species, or from a threatened species to an endangered species, the Secretary shall promptly publish in the Federal Register a notice of the change in status of the species. ``(B) Removal from listing.--If the Secretary finds that the criteria of a recovery plan have been met for the removal of the species covered by the recovery plan from a list published under subsection (c), the Secretary shall promptly publish in the Federal Register a notice of an intent to remove the species from the list.''.

Endangered Species Listing and Delisting Process Reform Act of 1999 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior, when required under such Act to use the best scientific and commercial data available in the determination of a species for inclusion on the endangered or threatened list, to use data that is empirical or has been field-tested or peer-reviewed. Allows the Secretary to make such a determination only if there is sufficient biological information to support recovery planning for the species. Adds certain information required in a petition to add a species to the endangered or threatened list, including documentation of the species, a description of its range, and an appraisal of its status and threats. Requires the Secretary to notify and provide a copy of such petition to the State agency of each State in which the species is believed to occur and to solicit the assessment of such agency as to whether the petitioned action is warranted. Provides authorized actions by the Secretary when considering adding a species to such lists when no petition has been received. Requires the consideration of appropriate State assessments before final publication of a finding that a petition is warranted. Requires the Secretary to hold at least two (currently one) public hearings in each appropriate State before implementation of any final regulation to implement an endangered or threatened determination (but limits to ten the total number of such hearings with respect to each proposed regulation). Directs the Secretary, upon publication of a proposed regulation determining an endangered or threatened listing, to make publicly available all information on which the determination is based, as well as all information relating to the species that does not support such determination (with an exception for disclosures protected under the Freedom of Information Act or the Privacy Act). Directs the Secretary to establish criteria that must be met for scientific and commercial data to be used in a determination that a species is endangered or threatened. Requires such data to include field observation of the species involved. Requires the Secretary to accept and use data collected by landowners. Directs the Secretary to: (1) begin developing a recovery plan for an endangered or threatened species on the date of promulgation of the proposed regulation for such determination; and (2) issue such plan no later than the date of final promulgation of such regulation. Requires the Secretary, if he finds that the criteria of a recovery plan has been met for a: (1) change of status of an endangered or threatened species, to publish a notice of such change in status; and (2) removal of a species covered by a plan from an endangered or threatened list, to publish a notice of an intent to remove such species from such list.

{"src": "billsum_train", "title": "Endangered Species Listing and Delisting Process Reform Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Derek M. Hodge Virgin Islands Improvement Act of 2011''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM CERTAIN RETIREMENT PLAN ASSETS INVESTED UNDER A VIRGIN ISLANDS INVESTMENT PROGRAM. (a) In General.--Part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit-sharing, stock bonus plans, etc.) is amended by adding at the end the following new section: ``SEC. 409B. TREATMENT OF DISTRIBUTIONS FROM CERTAIN RETIREMENT PLAN ASSETS INVESTED UNDER A VIRGIN ISLANDS INVESTMENT PROGRAM. ``(a) In General.--If an individual under the age of 61 makes a one-time designation of an amount of qualified retirement savings as being under investment by the Virgin Islands Investment Program for at least 30 years, then, as of the close of the 10th year, such amount (and any earnings properly allocable to such amount) shall be treated for purposes of this title-- ``(1) as a designated Roth account in the case of qualified retirement savings described in subsection (b)(1), or ``(2) as a Roth IRA in the case of qualified retirement savings described in subsection (b)(2). No amount shall be includible in gross income by reason of the change in treatment under the preceding sentence. ``(b) Qualified Retirement Savings.--For purposes of this section, the term `qualified retirement savings' means-- ``(1) amounts attributable to elective deferrals under an applicable retirement plan, and ``(2) amounts held in an individual retirement plan which is not a Roth IRA. ``(c) Virgin Islands Investment Program.--For purposes of this section-- ``(1) In general.--The term `Virgin Islands Investment Program' means a program of the Virgin Islands which meets the requirements of paragraphs (2), (3), (4), and (5). ``(2) Maximum amount accepted for management.--A program meets the requirements of this paragraph if the amount accepted for management under the program does not exceed $50,000,000,000. ``(3) Fees and taxes.--A program meets the requirements of this paragraph if-- ``(A) the fees charged by investment managers under the program do not exceed the fees customarily imposed by investment managers for managing like qualified retirement savings outside the Virgin Islands Investment Program, ``(B) the program imposes an annual tax (in addition to the fees permitted under subparagraph (A)) equal to-- ``(i) 1.5 percent of the amount designated for management under the program for the first 10 years of the account, and ``(ii) 1 percent of the amount designated for management under the program for the remainder of the life of the account without regard to account balance, and ``(C) the 1 percent tax is imposed notwithstanding the Roth designation. ``(4) Investment manager.--A program meets the requirements of this paragraph if the investment managers under the program are chosen by the Governor of the Virgin Islands. ``(5) Separate accounting.--A program meets the requirements of this paragraph if the program-- ``(A) establishes separate accounts for each type of qualified retirement savings held for the benefit of each individual and any earnings properly allocable to such assets, and ``(B) maintains separate recordkeeping with respect to each account. ``(d) Use of 1 Percent Annual Tax.-- ``(1) Revenues to the virgin islands during first 20 years.-- ``(A) In general.--Revenues from the tax referred to in subsection (c)(3)(B) shall be collected, held, and distributed for the benefit of the Virgin Islands in a manner similar to section 7652(b) (relating to rum excise tax). ``(B) Distributions to virgin islands.--Funds and accrued interest described in subsection (d)(1)(A) may be paid from escrow to the Virgin Islands for expenditure only if-- ``(i) the expenditure is pursuant to a qualified infrastructure development plan, and ``(ii) the expenditure is approved by the Secretary of the Interior as being pursuant to such plan. ``(C) Qualified infrastructure development plan.-- For purposes of this paragraph, the term `qualified infrastructure development plan' means a plan for improving and enhancing the infrastructure of the Virgin Islands which is-- ``(i) developed and approved by the committee described in subparagraph (D), and ``(ii) approved by the Governor of the Virgin Islands. ``(D) Committee.--The committee described in this subparagraph is a committee-- ``(i) comprised of 5 members, each serving a term of either three or five years-- ``(I) 2 of whom are appointed by the Governor of the Virgin Islands, one for a 3-year and one for a 5-year term, ``(II) 2 of whom are appointed by the Virgin Islands legislature, one for a 3-year and one for a 5-year term, and ``(III) 1 of whom is appointed by the Secretary of the Interior for a 5- year term, and ``(ii) with respect to which a vacancy is filled in the manner in which the original appointment was made. ``(2) Revenues to the united states and the virgin islands.-- ``(A) During first 20 years.--Revenues from the fee referred to in subsection (c)(3)(B) imposed on designated assets after the first 10 years under management by the Virgin Islands Investment Program shall be collected by the United States Treasury in a manner similar to section 7652, upon which-- ``(i) \1/3\ of the proceeds shall be distributed to the Virgin Islands for the first 10 years of management, and ``(ii) half of the proceeds shall be distributed to the Virgin Islands for the next 10 years of management. ``(B) After the first 20 years.--Beginning in the 21st year, the entire 1 percent tax collected shall be retained by the United States Treasury. ``(C) Minimum holding period.--No withdrawals may be made by an investor from the account during the minimum holding period of ten years. Should the investor choose to withdraw money from the account during the minimum holding period, the investor would forfeit the tax advantages of the Fund. Any funds so withdrawn would be included in gross income and subject to Federal income tax, minus payments of the 1 percent tax. ``(3) Early withdrawal.--Should an investor withdraw the entire balance of the funds after the 10-year minimum holding period but before the end of the 30 years, his account will be liable for the entire 1 percent tax for each of the remaining years. ``(e) Other Definitions.--For purposes of this section-- ``(1) Elective deferrals; applicable retirement plan.--The terms `elective deferrals' and `applicable retirement plan' have the respective meanings given such terms by section 402A. ``(2) Virgin islands.--The term `Virgin Islands' means the United States Virgin Islands. ``(3) Secretary of the interior.--The term `Secretary of the Interior' means the Secretary of the Interior or his designee.''. (b) Clerical Amendment.--The table of sections for such part I is amended by adding at the end the following new item: ``Sec. 409B. Treatment of distributions from certain retirement plan assets invested under a Virgin Islands investment program.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Derek M. Hodge Virgin Islands Improvement Act of 2011 - Amends the Internal Revenue Code to provide for a reduction of taxes on distributions from certain retirement savings plans designated by an individual under the age of 61 as being under investment by the Virgin Islands Investment Program for at least 30 years. Defines "Virgin Islands Investment Program" for purposes of this Act as a fund with managed amounts of $50 billion or less. Imposes a 1.5% annual tax for 10 years, and 1% thereafter, on managed funds to benefit Virgin Island infrastructure development.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to assist in the recovery and development of the Virgin Islands by providing for a reduction in the tax imposed on distributions from certain retirement plans' assets which are invested for at least 30 years, subject to defined withdrawals, under a Virgin Islands investment program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Patriot Enforcement Act of 2005''. SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnerships (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)). ``(III) Related foreign partnership.--A foreign partnership is related to a domestic partnership if they are under common control (within the meaning of section 482), or they shared the same trademark or tradename.''. (b) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2005.

Corporate Patriot Enforcement Act of 2005 - Amends the Internal Revenue Code to treat a foreign corporation that acquires a majority ownership interest in a U.S. corporation or partnership for tax avoidance purposes as a domestic corporation.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to prevent corporate expatriation to avoid United States income taxes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Airplane Revitalization Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A healthy small aircraft industry is integral to economic growth and to maintaining an effective transportation infrastructure for communities and countries around the world. (2) Small airplanes comprise nearly 90 percent of general aviation aircraft certified by the Federal Aviation Administration. (3) General aviation provides for the cultivation of a workforce of engineers, manufacturing and maintenance professionals, and pilots who secure the economic success and defense of the United States. (4) General aviation contributes to well-paying jobs in the manufacturing and technology sectors in the United States and products produced by those sectors are exported in great numbers. (5) Technology developed and proven in general aviation aids in the success and safety of all sectors of aviation and scientific competence. (6) The average small airplane in the United States is now 40 years old and the regulatory barriers to bringing new designs to the market are resulting in a lack of innovation and investment in small airplane design. (7) Since 2003, the United States lost 10,000 active private pilots per year on average, partially due to a lack of cost- effective, new small airplanes. (8) General aviation safety can be improved by modernizing and revamping the regulations relating to small airplanes to clear the path for technology adoption and cost-effective means to retrofit the existing fleet with new safety technologies. SEC. 3. SAFETY AND REGULATORY IMPROVEMENTS FOR GENERAL AVIATION. (a) In General.--Not later than December 15, 2015, the Administrator of the Federal Aviation Administration shall issue a final rule-- (1) to advance the safety and continued development of small airplanes by reorganizing the certification requirements for such airplanes under part 23 to streamline the approval of safety advancements; and (2) that meets the objectives described in subsection (b). (b) Objectives Described.--The objectives described in this subsection are based on the recommendations of the Part 23 Reorganization Aviation Rulemaking Committee: (1) The establishment of a regulatory regime for small airplanes that will improve safety and reduce the regulatory cost burden for the Federal Aviation Administration and the aviation industry. (2) The establishment of broad, outcome-driven safety objectives that will spur innovation and technology adoption. (3) The replacement of current, prescriptive requirements under part 23 with performance-based regulations. (4) The use of consensus standards accepted by the Federal Aviation Administration to clarify how the safety objectives of part 23 may be met using specific designs and technologies. (c) Consensus-Based Standards.--In prescribing regulations under this section, the Administrator shall use consensus standards, as described in section 12(d) of the National Technology Transfer and Advancement Act of 1996 (15 U.S.C. 272 note), to the extent practicable while continuing traditional methods for meeting part 23. (d) Safety Cooperation.--The Administrator shall lead the effort to improve general aviation safety by working with leading aviation regulators to assist them in adopting a complementary regulatory approach for small airplanes. (e) Definitions.--In this section: (1) Consensus standards.-- (A) In general.--The term ``consensus standards'' means standards developed by an organization described in subparagraph (B) that may include provisions requiring that owners of relevant intellectual property have agreed to make that intellectual property available on a nondiscriminatory, royalty-free, or reasonable royalty basis to all interested persons. (B) Organizations described.--An organization described in this subparagraph is a domestic or international organization that-- (i) plans, develops, establishes, or coordinates, through a process based on consensus and using agreed-upon procedures, voluntary standards; and (ii) operates in a transparent manner, considers a balanced set of interests with respect to such standards, and provides for due process and an appeals process with respect to such standards. (2) Part 23.--The term ``part 23'' means part 23 of title 14, Code of Federal Regulations. (3) Part 23 reorganization aviation rulemaking committee.--The term ``Part 23 Reorganization Aviation Rulemaking Committee'' means the aviation rulemaking committee established by the Federal Aviation Administration in August 2011 to consider the reorganization of the regulations under part 23. (4) Small airplane.--The term ``small airplane'' means an airplane which is certified to part 23 standards. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on October 4, 2013. Small Airplane Revitalization Act of 2013 - Directs the Administrator of the Federal Aviation Administration (FAA) to issue a final rule to advance the safety and continued development of small airplanes by reorganizing the certification requirements to streamline the approval of safety advancements. Requires the final rule to meet certain consensus-based standards and FAA Part 23 Reorganization Aviation Rulemaking Committee objectives, including: (1) establishment of a regulatory regime for small airplane safety; (2) the establishment of broad, outcome-driven objectives that will spur small plane innovation and technology adoption; (3) the replacement of current, prescriptive requirements under Part 23 with performance-based regulations; and (4) the use of FAA-accepted consensus standards to clarify how Part 23 safety objectives may be met using specific small plane safety designs and technologies.

{"src": "billsum_train", "title": "Small Airplane Revitalization Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``SNAP Transparency Act of 2013''. SEC. 2. ESTABLISHING A UNIFORM REPORTING SYSTEM. Section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013) is amended by adding at the end the following: ``(d) Issuance of Uniform Reporting Guidelines.-- ``(1) Reporting guidelines for retail food stores.--Not later than one year after the date of the enactment of the SNAP Transparency Act of 2013, the Secretary shall issue guidelines in accordance with paragraph (2) that establish a uniform reporting system regarding the food items purchased partially or completely with benefits from the supplemental nutrition assistance program that can be applied with reasonable consistency by each retail food store that redeems such benefits. Such guidelines should be issued according to best practices of monitoring and evaluation studies and analyses. ``(2) Objectives of guidelines.-- ``(A) In general.--The guidelines issued under paragraph (1) shall provide direction to retail food stores that redeem benefits under this program on how to report on a quarterly basis the complete range, identities, sizes, quantites, and costs of particular food items purchased with such benefits. This uniform reporting system shall ensure that the reports from each retail food store are comparable. ``(B) Objectives.--Specifically, the guidelines shall provide direction on what information to include to comply with the reporting requirements established under paragraph (1): ``(i) The established uniform, quarterly reporting system or form to be made available to participating retail food stores. ``(ii) The identity (including label and brand name) of each food item purchased with such benefits in the reporting period. ``(iii) The size of each food item purchased with such benefits in the reporting period. ``(iv) The number of units of each identical food item purchased with such benefits in the reporting period. ``(v) The aggregate cost of each identical food item purchased with such benefits in the reporting period. ``(vi) The address of the retail food store in which the food item was purchased with such benefits in the reporting period. ``(vii) Application of rigorous monitoring and evaluation methodologies to ensure that-- ``(I) the total value of benefits redeemed by each reporting retail food store is equal to the total retail cost of food items purchased with such benefits reported in the reporting period; and ``(II) the accuracy of the information reported in the reporting period. ``(e) Submission and Publication of Reports.-- ``(1) Submission of reports by retail food stores.--Not later than 60 days after end of each calendar quarter, or earlier if determined by the Secretary, and in accordance with rules issued by the Secretary, each retail food store that redeems benefits under the supplemental nutrition assistance program shall submit to the Secretary a report that complies with subsection (d). ``(2) Publication of reports by secretary.--Not later than 90 days after the end of each calendar quarter, or earlier if determined by the Secretary, the Secretary shall compile, and shall publish on the Internet in a format searchable by the public as compiled, the information received in the reports submitted under paragraph (1) for such quarter. Such information so compiled shall include-- ``(A) a comprehensive, timely, comparable, and accessible information on the food items purchased with benefits from the supplemental nutrition assistance program, using the reporting requirements established by the Secretary under subsection (d)(1); ``(B) the identity (including label and brand name) of each food item purchased with such benefits in the reporting period; ``(C) the size of each food item purchased with such benefits in the reporting period; ``(D) the number of units of each identical food item purchased with such benefits in the reporting period; ``(E) the aggregate cost of each identical food item purchased with such benefits in the reporting period; ``(F) the address of the retail food store in which the food item was purchased with such benefits in the reporting period; and ``(G) with respect to each type of particular food item identified, the average retail sale price of the item purchased with such benefits.''. SEC. 3. CONGRESSIONAL BRIEFINGS IF REQUIREMENTS ARE NOT MET. If the information described in section 4(e)(2) of the Supplemental Nutrition Assistance Act of 2008 (7 U.S.C. 2013(e)(2)) with respect to food items purchased with benefits from the supplemental nutrition assistance program is not provided as required under section 4(e) of such Act (7 U.S.C. 2013(e)), then the Secretary shall provide briefings to the appropriate congressional committees, along with a detailed explanation of why the requirements for publication on the Internet have not been met and when they will be met, with respect to each month for which such information is not published on the Internet. SEC. 4. OFFSET. Of the amount appropriated to carry out the supplemental nutrition assistance program for each fiscal year, up to 5 percent shall be a available to carry out the amendment made by section 2 of this Act. SEC. 5. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act. (b) Delayed Effective Date.--Subsection (e) of section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013), as added by section 2 of this Act, shall take effect on the 1st day of the 1st calendar quarter that begins not less than 1 year after the date of the enactment of this Act.

SNAP Transparency Act of 2013 - Amends the Food and Nutrition Act of 2008 to direct the Secretary of Agriculture (USDA) to: (1) establish a uniform reporting system to enable retail stores participating in the supplemental nutrition assistance program (SNAP, formerly the food stamp program) to collect and provide the Secretary with detailed information on SNAP-purchased food items, and (2) publish such information on the Internet.

{"src": "billsum_train", "title": "SNAP Transparency Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Work and Marriage Pay Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The take-home pay of low-income families is subject to reductions from many sources, including the Federal income tax, Social Security payroll taxes, and State income taxes. In addition, eligibility for many Federal and State programs for assistance to the working families, such as the earned income tax credit, the child tax credit, supplemental nutritional assistance program, housing assistance programs, Federal and State health care programs, child care assistance, and temporary assistance to needy families, is based in part on income levels. The rates at which the benefits from such programs are phased out have the same disposable income reducing effect as escalating marginal tax rates. (2) The total effective marginal rate of tax for additional income earned by low-income people can exceed 100 percent and can be a disincentive to working more hours, getting a raise, seeking education toward a more lucrative trade, getting married, or engaging in other economic or social activities. (3) Congress has enacted each of these programs without consideration of the impact it would have on other existing programs. As a result, the structure of the United States system for the support of low-income families is uncoordinated and contains features which work against the goal of encouraging families to work their way toward self-sufficiency. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Low-income.--The term ``low-income'' means, with respect to any individual or family group, an individual or family group, as the case may be, whose income is not more than 225 percent of the poverty line (as defined by the Office of Management and Budget). (2) Federal benefits.--The term ``Federal benefits'' means-- (A) deductions, credits, and other tax benefits available to low income taxpayers under the Internal Revenue Code of 1986, including-- (i) the earned income tax credit under section 32 of such Code, (ii) the child tax credit under section 24 of such Code, and (iii) the dependent care tax credit under section 21 of such Code, and (B) Federal assistance programs for low-income individuals and families, including-- (i) the supplemental nutritional assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), (ii) any assistance, loan, loan guarantee, housing, housing assistance, or other housing related program administered, in whole or in part, by the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or any other Federal agency housing assistance, including the project-based and tenant-based rental assistance programs under section 8 of the United States Housing Act of 1937, (iii) any Federal programs providing child care assistance, and (iv) Federal programs providing health care assistance, including assistance under the Medicaid program established under title XIX of the Social Security Act and the State Children's Health Insurance Program under title XXI of such Act. (3) Effective marginal tax rate.--The term ``effective marginal tax rate'' means the cost, in terms of both taxes and loss of Federal benefits, for each dollar earned by a low- income individual. SEC. 4. NATIONAL COMMISSION ON EFFECTIVE MARGINAL TAX RATES FOR LOW- INCOME FAMILIES. (a) Establishment.--There is established a commission to be known as the ``National Commission on Effective Marginal Tax Rates for Low- Income Families'' (hereinafter in this Act referred to as the ``Commission''). (b) Duties of Commission.-- (1) In general.--The Commission shall study and make recommendations on policy changes to mitigate the impact of the effective marginal tax rate and of phaseouts in Federal benefits on low-income earners and their families. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to the President and to Congress a report containing the following: (A) Analysis.--A detailed analysis of the following: (i) The Commission's general recommendations for increasing coordination of the delivery of Federal benefits for low-income families in order to reduce effective marginal tax rates and decrease disincentives to work and marriage. (ii) The relative usefulness of sudden benefit cutoffs (sometime referred to as ``cliffs'') versus gradual reductions (sometime referred to as ``phaseouts'') in Federal benefits on low-income workers' behavior relating to work and marriage. (iii) The interaction of Federal benefits and State assistance programs, and the potential benefits of structuring State programs consistent with the design of Federal assistance. (iv) The maximum extent to which funding for Federal benefits can be appropriated annually avoiding the need to create additional entitlement programs. (v) The extent to which low-income cohabiting couples (including couples with children and couples without children) resist entering a legal marriage in order to maximize Federal benefits and avoid lost income. (B) Recommendations.-- (i) In general.--A description of the Commission's recommendations relating to the following: (I) Combining all Federal benefits which are not tax benefits into a single flexible voucher, allowing the beneficiary to allocate funds within each of the supported benefit areas. (II) To the extent possible, providing all eligible families with equal voucher funds described in clause (i), varying only for income, family size, and the presence of children in the household. (III) Combining all Federal benefits which are tax benefits for low-income families into a coordinated credit that minimizes phaseouts, encourages work, is adjusted for family size, and does not penalize marriage. (IV) Establishing a single eligibility standard for all Federal benefits. (ii) Revenue neutrality.--In making recommendations under this subparagraph, the Commission shall consider the need to maintain revenue neutrality in order to avoid increasing the deficit. (iii) Blueprint for legislation.--The Commission shall provide a blueprint for legislative proposals for each policy recommendation under this subparagraph. (C) Other matters.-- (i) Non-feasibility.--Should the Commission conclude that the policy framework described in subparagraph (B) is not feasible, the Commission shall include in its report-- (I) a detailed analysis of such policy framework, (II) a comprehensive explanation of the reasons for its conclusion, and (III) one or more policy recommendations addressing the problem of effective marginal tax rates on low- income families. (ii) Additional matter.--If the Commission includes in its report a policy plan using the policy elements described in subparagraph (B), it may also include additional alternative recommendations (together with a legislative blueprint as provided under subparagraph (B)(iii)). (c) Membership and Meetings.-- (1) Members.--The Commission shall be composed of 15 members, of whom 4 shall be members described in paragraph (2) and 11 shall be appointed pursuant to paragraph (3). (2) Cabinet members serving on commission.-- (A) In general.--The members described in this paragraph are the following Secretaries: (i) The Secretary of the Treasury. (ii) The Secretary of Agriculture. (iii) The Secretary of Housing and Urban Development. (iv) The Secretary of Health and Human Services. (B) Non-voting members; chairman.--Of the members of the Commission described in subparagraph (A)-- (i) the 2 members with the least seniority in terms of service as Secretary shall be nonvoting members, and (ii) the member with the most seniority in terms of service as Secretary shall be the chairman. (3) Appointed members.-- (A) Congressional appointments.--The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 2 members, who shall each be experts in the subject matter of the Commission. (B) Governors.-- (i) In general.--The President shall appoint 3 State governors, of whom-- (I) no more than 1 shall represent the same political party represented by the President, (II) 1 shall be a governor of a State which is ranked in the top third on the list of benefit providers established under clause (ii), (III) 1 shall be a governor of a State which is ranked in the middle third on the list of benefit providers established under clause (ii), and (IV) at least 1 shall be a governor of a State which is ranked in the lowest third on the list of benefit providers established under clause (ii). (ii) Ranking of states.--The members of the Commission described in paragraph (2)(A) shall establish a list ranking of States from highest benefit providers to lowest benefit providers based on the following: (I) The level of benefits provided in the State under the Temporary Assistance to Needy Families under title IV of the Social Security Act. (II) The average fair-market value of rental housing in the State. (III) The State share of assistance provided under a State plan under the Medicaid program under title XIX of the Social Security Act and a State child health plan under the State Children's Health Insurance Program under title XXI of such Act. (C) Date for original appointment.--The appointing authorities described in paragraph (1) shall appoint the initial members of the Commission not later than 30 days after the date of enactment of this Act. (D) Terms of appointment.--The term of any appointment shall be for the life of the Commission. (4) Designees.--A member of the Commission serving under paragraph (2) or appointed under paragraph (2)(B) may appoint a designee to serve on the Commission in such member's place. (5) Meetings.--The chairman shall call the first meeting of the Commission. Thereafter, the Commission shall meet at the call of its chairman or a majority of its members. (6) Quorum.--A quorum shall consist of 9 voting members of the Commission. (7) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made, not later than 30 days after the Commission is given notice of the vacancy, and shall not affect the power of the remaining members to execute the duties of the Commission. (8) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (9) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (d) Staff and Support Services.-- (1) Executive director.-- (A) Appointment.--The Chairman shall appoint an executive director of the Commission. (B) Compensation.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule. (2) Other staff.--The Chairman may appoint and fix the pay of additional personnel. (3) Physical facilities.--The Administrator of General Services shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (e) Powers of Commission.-- (1) Hearings and other activities.--For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Studies by gao.--Upon the request of the Commission, the Comptroller General shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties. (3) Detail of federal employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (4) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (5) Use of mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (6) Obtaining information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission. (7) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (8) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. (f) Termination.--The Commission shall terminate 30 days after the date of submission of the report required in subsection (b). (g) Limitations on Authorization of Appropriations.--There are authorized to be appropriated $2,500,000 to carry out this section. Any amount appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended.

Making Work and Marriage Pay Act of 2010 - Establishes the National Commission on Effective Marginal Tax Rates for Low-Income Families to study, report, and make recommendations on policy changes to mitigate the impact of the effective marginal tax rate and of phaseouts in federal benefits on low-income earners and their families.

{"src": "billsum_train", "title": "To establish the National Commission on Effective Marginal Tax Rates for Low-Income Families."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydraulic Fracturing Act''. SEC 2. HYDRAULIC FRACTURING. Section 1421 of the Safe Drinking Water Act (42 U.S.C. Sec. 300h) is amended by adding at the end the following: ``(e) Hydraulic Fracturing for Oil and Gas Production.-- ``(1) Study of the effects of hydraulic fracturing.-- ``(A) In general.--Not later than 24 months after the date of enactment of this subsection, the Administration shall complete a study of the known and potential effects on underground drinking water sources of hydraulic fracturing, including the effects of hydraulic fracturing on underground drinking water sources on a nationwide basis, and within specific regions, States, or portions of States. ``(B) Consultation.--In planning and conducting the study, the Administrator shall consult with the Secretary of the Interior, the Secretary of Energy, the Ground Water Protection Council, affected States, and, as appropriate, representatives of environmental, industry, academic, scientific, public health, and other relevant organizations. Such study may be accomplished in conjunction with other ongoing studies related to the effects of oil and gas production on groundwater resources. ``(C) Study elements.--The study conducted under subparagraph (A) shall, at a minimum, examine and make findings as to whether-- ``(i) such hydraulic fracturing has, or will, endanger (as defined under subsection (d)(2)) underground drinking water sources, including those sources within specific regions, States or portions of States; ``(ii) there are specific methods, practices, or hydrogeologic circumstances in which hydraulic fracturing has, or will, endanger underground drinking water sources; and ``(iii) whether there are any precautionary actions that may reduce or eliminate any such endangerment. ``(2) Independent scientific review.-- ``(A) In general.--Not later than 2 months after the study under paragraph (1) is completed, the Administrator shall enter into an appropriate agreement with the National Academy of Sciences to have the Academy review the conclusions of the study. ``(B) Report.--Not later than 9 months after entering into an appropriate agreement with the Administrator, the National Academy of Sciences shall report to the Administrator, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate, on the-- ``(i) findings related to the study conducted by the Administrator under paragraph (1); and ``(ii) recommendations, if any, for modifying the findings of the study. ``(3) Regulatory determination.-- ``(A) In general.--Not later than 6 months after receiving the National Academy of Sciences report under paragraph (2), the Administrator shall determine, after informal public hearings and public notice and opportunity for comment, and based on information developed or accumulated in connection with the study required under paragraph (1) and the National Academy of Sciences report under paragraph (2), either: ``(i) that regulation of hydraulic fracturing under this part is necessary to ensure that underground sources of drinking water will not be endangered on a nationwide basis, or within a specific region, State or portions of a State; or ``(ii) that regulation described under clause (i) is unnecessary. ``(B) Publication of Determination.--The Administrator shall publish the determination in the Federal Register, accompanied by an explanation and the reasons for it. ``(4) Promulgation of regulations.-- ``(A) Regulation necessary.--If the Administrator determines under paragraph (3) that regulation of hydraulic fracturing under this part is necessary to ensure that hydraulic fracturing does not endanger underground drinking water sources on a nationwide basis, or within a specific region, State or portions of a State, the Administrator shall, within 6 months after the issuance of that determination, and after public notice and opportunity for comment, promulgate regulations under section 1421 (42 U.S.C. Sec. 300h) to ensure that hydraulic fracturing will not endanger such underground sources of drinking water. ``(B) Regulation unnecessary.--The Administrator shall not promulgate regulations for hydraulic fracturing under this part unless the Administrator determines under paragraph (3) that such regulations are necessary. ``(C) Existing regulations.--A determination by the Administrator under paragraph (3) that regulation is unnecessary will relieve States from any further obligation to regulate hydraulic fracturing as an underground injection under this part. ``(5) Definition of hydraulic fracturing.--For purposes of this subsection, the term `hydraulic fracturing' means the process of creating a fracture in a reservoir rock, and injecting fluids and propping agents, for the purposes of reservoir stimulation related to oil and gas production activities. ``(6) Savings.--Nothing in this subsection shall in any way limit the authorities of the Administrator under section 1431 (42 U.S.C. 300i).''.

Hydraulic Fracturing Act - Amends the Safe Drinking Water Act to direct the Administrator of the Environmental Protection Agency to: (1) study the effects on underground drinking water sources of hydraulic fracturing to determine whether regulation of such practice is necessary to protect such sources; and (2) promulgate such regulations as are determined to be necessary. Provides that a determination that regulation is unnecessary will relieve States from any further obligation to regulate hydraulic fracturing as an underground injection. Defines "hydraulic fracturing" as the process of creating a fracture in a reservoir rock, and injecting fluids and propping agents, for the purposes of reservoir stimulation related to oil and gas production activities.

{"src": "billsum_train", "title": "A bill to provide for a study of the effects of hydraulic fracturing on underground drinking water sources."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Improvement Act of 1998''. SEC. 2. FASTER VESTING FOR EMPLOYER CONTRIBUTIONS TO DEFINED CONTRIBUTION PLANS. (a) Amendments to Internal Revenue Code.-- (1) In general.--Paragraph (2) of section 411(a) of the Internal Revenue Code of 1986 (relating to minimum vesting standards), as amended by paragraph (2), is amended by adding at the end the following new subparagraph: ``(B) Defined contribution plans.--A defined contribution plan satisfies the requirements of this subparagraph if the plan satisfies the requirements of clause (i) or (ii). ``(i) 3-year vesting.--A plan satisfies the requirements of this clause if an employee who has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee's accrued benefit derived from employer contributions. ``(ii) 5-year vesting.--A plan satisfies the requirements of this clause if an employee has a nonforfeitable right to a percentage of the employee's accrued benefit derived from employer contributions determined under the following table: The nonforfeitable ``Years of service: percentage is: 1............................................. 20 2............................................. 40 3............................................. 60 4............................................. 80 5............................................. 100.''. (2) Conforming amendments.--Paragraph (2) of section 411(a) of such Code (as in effect before the amendment made by paragraph (1)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), (B) by striking the material preceding clause (i) (as so redesignated) and inserting the following: ``(2) Employer contributions.-- ``(A) Defined benefit plans.--A defined benefit plan satisfies the requirements of this subparagraph if the plan satisfies the requirements of clause (i) or (ii).'', and (C) in clauses (i) and (ii) (as so redesignated), by striking ``subparagraph'' and inserting ``clause''. (b) Amendments to ERISA.-- (1) In general.--Paragraph (2) of section 203(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053(a)), as amended by paragraph (2), is amended by adding at the end the following new subparagraph: ``(B) A defined contribution plan satisfies the requirements of this subparagraph if the plan satisfies the requirements of clause (i) or (ii). ``(i) A plan satisfies the requirements of this clause if an employee who has completed at least 3 years of service has a nonforfeitable right to 100 percent of the employee's accrued benefit derived from employer contributions. ``(ii) A plan satisfies the requirements of this clause if an employee has a nonforfeitable right to a percentage of the employee's accrued benefit derived from employer contributions determined under the following table: The nonforfeitable ``Years of service: percentage is: 1............................................. 20 2............................................. 40 3............................................. 60 4............................................. 80 5............................................. 100.''. (2) Conforming amendments.--Paragraph (2) of section 203(a) of such Act (as in effect before the amendment made by paragraph (1)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), (B) by striking the material preceding clause (i) (as so redesignated) and inserting the following: ``(2)(A) A defined benefit plan satisfies the requirements of this subparagraph if the plan satisfies the requirements of clause (i) or (ii).'', and (C) in clauses (i) and (ii) (as so redesignated), by striking ``subparagraph'' and inserting ``clause''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to contributions for plan years beginning after December 31, 1998. (2) Collective bargaining agreements.--In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified by the date of the enactment of this Act, the amendments made by this section shall not apply to contributions on behalf of employees covered by any such agreement for plan years beginning before the earlier of-- (A) the later of-- (i) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof on or after such date of enactment), or (ii) January 1, 1999, or (B) January 1, 2003. SEC. 3. EMPLOYERS REQUIRED TO PERMIT ROLLOVERS TO INDIVIDUAL RETIREMENT PLANS WITHIN 3 MONTHS AFTER SEPARATION FROM SERVICE. (a) In General.--Subsection (a) of section 401 of the Internal Revenue Code of 1986 (relating to qualified pension, profit-sharing, and stock bonus plans) is amended by inserting after paragraph (34) the following new paragraph: ``(35) Rollovers required to be permitted after separation from service.-- ``(A) In general.--A trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part provides that-- ``(i) each employee is entitled to elect that an eligible rollover distribution be made to a individual retirement plan during the 90- day period beginning on the date the employee separates from service with the employer, and ``(ii) if such election is made and the employee specifies the individual retirement plan to which such distribution is to be paid (in such form and at such time as the plan administrator may prescribe), such plan will make such distribution during such period. ``(B) Limitation.--Subparagraph (A) shall apply only to the extent that the eligible rollover distribution-- ``(i) would be includible in gross income if not transferred as provided in subparagraph (A) (determined without regard to sections 402(c) and 403(a)(4)), and ``(ii) consists of not less than substantially all of the portion of the balance to the credit of the employee which would be so includible.'' (b) 25-Percent Additional Tax on Distributions Within 2 Years After Rollover.--Subsection (t) of section 72 of such Code (relating to 10- percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new paragraph: ``(9) 25-percent additional tax on distributions within 2 years after rollover after separation from service.--In the case of an individual retirement plan to which a rollover described in section 401(a)(35)(A) is made-- ``(A) In general.--During the 2-year period beginning on the date that the rollover (referred to in such section) is paid into the plan, paragraph (1) shall be applied by substituting `25 percent' for `10 percent'. ``(B) Commingling not permitted.-- ``(i) Section 408(d)(3) shall not apply to any amount received by an individual from such plan (and no amount transferred from such plan to another individual retirement plan shall be excluded from gross income by reason of such transfer). ``(ii) Such plan shall not be treated as an individual retirement plan for purposes of determining whether any other amount is a rollover contribution.''. (c) Exception From Income Tax Withholding.--Paragraph (2) of section 3405(c) of such Code is amended by striking ``section 401(a)(31)(A)'' and inserting ``paragraph (31)(A) or (35)(A) of section 401(a)''. (d) Effective Date.--The amendments made by this section shall apply to employees who separate from service after December 31, 1998. SEC. 4. PENALTY-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS TO UNEMPLOYED INDIVIDUALS. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(G) Distributions to unemployed individuals.--A distribution from an individual retirement plan to an individual after separation from employment, if-- ``(i) such individual has received unemployment compensation for 12 consecutive weeks under any Federal or State unemployment compensation law by reason of such separation, and ``(ii) such distributions are made during any taxable year during which such unemployment compensation is paid or the succeeding taxable year. To the extent provided in regulations, a self-employed individual shall be treated as meeting the requirements of clause (i) if, under Federal or State law, the individual would have received unemployment compensation but for the fact the individual was self- employed.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to distributions after December 31, 1998. SEC. 5. INVOLUNTARY CASH-OUTS PERMITTED ONLY IF DISTRIBUTION ROLLED TO AN IRA. (a) Amendments to Internal Revenue Code.-- (1) Vesting.--Paragraph (11) of section 411(a) of the Internal Revenue Code of 1986 (relating to restrictions on certain mandatory distributions) is amended by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Rollover required if present value of benefit below threshold.--If the present value of any nonforfeitable accrued benefit does not exceed $5,000, a plan meets the requirements of this paragraph only if such plan provides that such benefit (to the extent the distribution of such benefit is otherwise includible in gross income) may be immediately distributed only in a trustee-to-trustee transfer to an individual retirement plan of such individual which is specified by such individual.''. (2) Joint and survivor annuities.--The first sentence of section 417(e)(1) of such Code is amended to read as follows: ``If the present value of a qualified joint and survivor annuity or a qualified preretirement survivor annuity under a plan does not exceed the dollar limit under section 411(a)(11)(A), the plan may provide that such value (to the extent the distribution of such value is otherwise includible in gross income) will be immediately distributed but only if the participant and the spouse of the participant (or where the participant has died, the surviving spouse) designate 1 or more individual retirement plans of any such individual to receive such distribution and such distribution is made in a trustee- to-trustee transfer in accordance with such designation.''. (3) Section 457 plans.--Subparagraph (A) of section 457(e)(9) of such Code is amended by adding at the end the following new sentence: ``This paragraph shall apply only if the amount (to the extent the distribution of such amount is otherwise includible in gross income) is distributed in a trustee-to-trustee transfer to an individual retirement plan of such individual which is specified by such individual.''. (4) 25-percent additional tax on distributions within 2 years after cashout rollover.--Subsection (t) of section 72 of such Code (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new paragraph: ``(10) 25-percent additional tax on distributions within 2 years after cashout rollover.-- ``(A) In general.--In the case of any trustee-to- trustee transfer described in section 411(a)(11), 417(e)(1), or 457(e)(9) to an individual retirement plan, during the 2-year period beginning on the date that such transfer is made to such plan, paragraph (1) shall be applied by substituting `25 percent' for `10 percent'. ``(B) Commingling not permitted.--In the case of a individual retirement plan to which there is a rollover described in subparagraph (A)-- ``(i) section 408(d)(3) shall not apply to any amount received by an individual from such plan (and no amount transferred from such plan to another individual retirement plan shall be excluded from gross income by reason of such transfer), and ``(ii) such plan shall not be treated as an individual retirement plan for purposes of determining whether any other amount is a rollover contribution.''. (5) Exception from income tax withholding.--Paragraph (2) of section 3405(c) of such Code is amended by inserting before the period ``or if the distribution is a trustee-to-trustee transfer described in section 411(a)(11), 417(e)(1), or 457(e)(9)''. (b) Amendments to ERISA.-- (1) Vesting.-- (A) Subsection (e) of section 203 of Employee Retirement Income Security Act of 1974 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) If the present value of any nonforfeitable benefit with respect to a participant in a plan does not exceed $5,000, the plan shall provide that such benefit (to the extent the distribution of such benefit is otherwise includible in gross income) may be immediately distributed only in a trustee-to-trustee transfer to an individual retirement plan of such individual which is specified by such individual.''. (B) Paragraph (3) of section 203(e) of such Act, as redesignated by subparagraph (A), is amended by striking ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''. (2) Joint and survivor annuities.--The first sentence of section 205(g)(1) of such Act is amended to read as follows: ``If the present value of a qualified joint and survivor annuity or a qualified preretirement survivor annuity under a plan does not exceed the dollar limit under section 203(e)(1), the plan may provide that such value (to the extent the distribution of such value is otherwise includible in gross income) will be immediately distributed but only if the participant and the spouse of the participant (or where the participant has died, the surviving spouse) designate 1 or more individual retirement plans of any such individual to receive such distribution and such distribution is made in a trustee- to-trustee transfer in accordance with such designation.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 1998.

Pension Improvement Act of 1998 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to set separate minimum vesting standards for defined contribution and defined benefit plans. (Sec. 3) Amends the Internal Revenue Code to require that plans entitle an employee to elect a rollover distribution to an individual retirement plan within 90 days of separation. Impose s a 25 percent tax on early distributions within 2 years after such a rollover. Exempts such rollovers from withholding. (Sec. 4) Allows penalty-free distributions from individual retirement plans of certain unemployed individuals. (Sec. 5) Amends the Internal Revenue Code and ERISA to require, if the present value of any nonforfeitable accrued benefit is under a specified dollar amount, that a plan allow a benefit to be immediately distributed only in a trustee-to-trustee transfer to an individual retirement plan. Requires, if the present value of a joint and survivor annuity or preretirement survivor annuity is under a specified dollar amount, that the plan immediately distribute the value only if the participant and the participant's spouse designate one or more individual retirement plans and the distribution is made in a trustee-to-trustee transfer. Amends the Internal Revenue Code to require that, in order to be treated as not made available as a result of an election or an involuntary distribution, amounts distributed from a State or local government plan or nonprofit organization plan be distributed in a trustee-to-trustee transfer to an individual retirement account. Impose s a 25 percent tax on early distributions within 2 years after such a distribution. Exempts such distributions from withholding.

{"src": "billsum_train", "title": "Pension Improvement Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Americans Save Act of 2015''. SEC. 2. SAVER'S CREDIT EXPANDED. (a) Increase in Income Limits.-- (1) In general.--Section 25B(b)(1) of the Internal Revenue Code of 1986 is amended-- (A) in subparagraph (A) by striking ``$30,000'' and inserting ``$50,000'', (B) in subparagraph (B) by striking ``$30,000 but not over $32,500'' and inserting ``$50,000 but not over $60,000'', (C) in subparagraph (C) by striking ``$32,500 but not over $50,000'' and inserting ``$60,000 but not over $70,000'', and (D) in subparagraph (D) by striking ``$50,000'' and inserting ``$70,000''. (2) Conforming amendment to inflation adjustment.--Section 25B(b)(3) of such Code is amended-- (A) by striking ``2006'' in the matter preceding subparagraph (A) and inserting ``2015'', and (B) by striking ``2005'' in subparagraph (B) thereof and inserting ``2014''. (b) Adjustment of Credit Amount for Inflation.--Section 25B(a) of such Code is amended-- (1) by striking ``In the case of'' and inserting the following: ``(1) In general.--In the case of'', and (2) by adding at the end the following: ``(2) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2015, the $2,000 amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. RETIREMENT CONTRIBUTIONS AND SAVINGS DISREGARDED FOR CERTAIN MEANS-TESTED PROGRAMS. (a) TANF Program.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(13) Disregard of certain retirement accounts and contributions.--In determining the eligibility of an individual for assistance, or the amount of assistance payable to an individual, under a State program funded under this part, the State shall disregard any amount contributed by the individual to, and the value of-- ``(A) any funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code of 1986 and any funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5, United States Code; ``(B) any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under the Internal Revenue Code of 1986; and ``(C) any other retirement plans, contracts, or accounts (as determined by the Secretary of Health and Human Services).''. (b) SSI Program.-- (1) Income disregard.--Section 1612(b) of such Act (42 U.S.C. 1382a(b)) is amended-- (A) by striking ``; and'' at the end of paragraph (25); (B) by striking the period at the end of paragraph (26) and inserting ``; and''; and (C) by adding at the end the following: ``(27) any amount received by the individual, to the extent that the amount is contributed by the individual to a program, plan, contract, or account referred to in section 1613(a).''. (2) Resource disregard.--Section 1613(a) of such Act (42 U.S.C. 1382b(a)) is amended-- (A) by striking ``; and'' at the end of paragraph (16); (B) by striking the period at the end of paragraph (17) and inserting ``; and''; and (C) by adding at the end the following: ``(18)(A) any funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code of 1986 and any funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5, United States Code; ``(B) any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under the Internal Revenue Code of 1986; and ``(C) any other retirement plans, contracts, or accounts (as determined by the Commissioner of Social Security).''. (c) LIHEAP.--There shall not be included in any determination under section 2605(b)(2)(B) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(B)) of household eligibility for Low-Income Home Energy Assistance Program funds, any amount contributed to, and the value of-- (1) any funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code of 1986 and any funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5, United States Code; (2) any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under the Internal Revenue Code of 1986; and (3) any other retirement plans, contracts, or accounts (as determined by the Secretary of Health and Human Services).

Helping Americans Save Act of 2015 Amends the Internal Revenue Code to expand eligibility for the retirement savings tax credit by increasing income eligibility limits. Allows an annual inflation adjustment to such income levels for taxable years beginning after 2015. Amends title IV, part A (Temporary Assistance for Needy Families) of the Social Security Act to allow the disregard of the value of certain retirement plans for purposes of determining eligibility for programs to assist needy families, social security disability benefits, and low-income home energy assistance.

{"src": "billsum_train", "title": "Helping Americans Save Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cutting Red Tape, Green-Lighting Small Businesses Act of 2013''. SEC. 2. CREDIT FOR CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 45S. CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER. ``(a) General Rule.--For purposes of section 38, in the case of an eligible small employer, the small employer hiring credit determined under this section for any taxable year is the amount determined under subsection (b). ``(b) Small Employer Hiring Credit Amount.--The amount determined under this subsection for a taxable year with respect to a qualified small employer is the product of-- ``(1) the tax rate in effect under section 3111(a) for the calendar year in which such taxable year ends, multiplied by ``(2) the wages paid by the qualified small employer with respect to employment of all covered employees during the taxable year. ``(c) Qualified Employer.--For purposes of this subsection-- ``(1) In general.--The term `qualified small employer' means with respect to any calendar year, an employer who on no business day of the preceding calendar year employed less than 2, or more than 150, employees. ``(2) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(3) Special rules.--For purposes of this subsection-- ``(A) Predecessor and successor.--Any reference in this paragraph to an employer shall include a reference to any predecessor of, or successor to, such employer. ``(B) Aggregation rule.--All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one employer. ``(C) Governmental employers not included.--The term `employer' does not include the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(4) Credit applies for only 1 year.--If an election to claim the credit under this section is in effect for any calendar year, paragraph (1) shall not apply to such employer for any year after such calendar year. ``(d) Covered Employee.--For purposes of this subsection-- ``(1) In general.--The term `covered employee' means, with respect to any week, is an employee who-- ``(A) first begins work for the employer for services performed by the employee-- ``(i) in a trade or business of such qualified small employer, or ``(ii) in the case of a qualified small employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501, and ``(B) is employed on average at least 30 hours of service per week. ``(2) Limitation to 5 employees.--An employer may not treat more than 5 employees as covered employees. ``(3) Hours of service.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. ``(e) Credit Made Available to Tax-Exempt Eligible Small Employers.-- ``(1) In general.--In the case of a tax-exempt eligible small employer, there shall be treated as a credit allowable under subpart C (and not allowable under this subpart) the amount of the credit determined under this section with respect to such employer. ``(2) Tax-exempt eligible small employer.--For purposes of this section, the term `tax-exempt eligible small employer' means an eligible small employer which is any organization described in section 501(c) which is exempt from taxation under section 501(a). ``(f) Denial of Double Benefit.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(g) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(h) Termination.--This section shall not apply with respect to wages paid after December 31, 2015.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by inserting after paragraph (36) the following: ``(37) the small employer hiring credit determined under section 45S.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45S. Certain individuals hired by a small employer.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. SEC. 3. PAPERWORK REDUCTION. The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following: ``SEC. 48. PAPERWORK REDUCTION. ``Not later than 60 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall determine, for a new small business concern, what applications, submissions, or other paperwork for purposes of programs administered by the Administrator, are not essential to file during the first year of operation, and shall make rules that waive the need for such paperwork.''.

Cutting Red Tape, Green-Lighting Small Businesses Act of 2013 - Amends the Internal Revenue Code to allow an employer with not less than 2 or more than 150 employees in a calendar year a business-related tax credit for the cost of up to 5 newly-hired employees who are employed, on average, at least 30 hours per week. Makes such credit available to tax-exempt eligible small employers. Terminates such credit for wages paid after December 31, 2015. Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to: (1) determine, for a new small business concern, what SBA applications, submissions, or other paperwork are not essential to file during the first year of operation of such small business concern; and (2) make rules for the waiver of such filings.

{"src": "billsum_train", "title": "Cutting Red Tape, Green-Lighting Small Businesses Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Aural Rehabiliation and Hearing Aid Coverage Act of 2001''. SEC. 2. COVERAGE OF HEARING REHABILITATION. (a) Coverage of Aural Rehabilitation Services.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V) by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) aural rehabiliation services (as described in subsection (ww)(2));''. (b) Coverage of Hearing Aids as Durable Medical Equipment.--Section 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended by inserting ``and hearing aids (as defined in subsection (ww)(3))'' before the period. (c) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by sections 102(b) and 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended by adding at the end the following new subsection: ``Hearing Rehabiliation ``(ww)(1) The term `hearing rehabilitation' means-- ``(A) aural rehabilitation services (described in paragraph (2)) which meet such requirements as the Secretary prescribes and which are furnished by a physician or qualified audiologist, who is legally authorized to furnish such services under the State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished, and ``(B) hearing aids (as defined in paragraph (3)). ``(2) The services described in this subparagraph include-- ``(A) aural rehabilitation services; ``(B) in the case of an individual who has a hearing loss (as defined by the Secretary), a comprehensive audiologic assessment to determine if a hearing aid is appropriate and to determine the need for other diagnostic medical or audiologic testing; and ``(C) a threshold test to determine audio acuity. ``(3)(A) The term `hearing aid' means a hearing aid described in subparagraph (B), including the services described in subparagraph (C) furnished by a physician or qualified audiologist, who is legally authorized to supply such hearing aid under the State law (or State regulatory mechanism provided by State law) of the State in which the hearing aid is supplied, to an individual described in subparagraph (D). ``(B) A hearing aid described in this subparagraph is any wearable instrument or device for, offered for the purpose of, or represented as aiding individuals with, or compensating for, hearing loss that meets requirements of the Food and Drug Administration for marketing. ``(C) The services described in this subparagraph include-- ``(i) audiology services (as defined in subsection (ll)(2)); ``(ii) a hearing aid assessment to determine the appropriate hearing aid for the individual; ``(iii) procurement of an appropriate hearing aid; ``(iv) initial fitting and adjustment of the hearing aid; ``(v) appropriate instruction on the use of the hearing aid; ``(vi) periodic refittings and adjustments; and ``(vii) rehabilitation, including counseling on hearing loss, speech reading, and auditory training. ``(D) The individuals described in this subparagraph-- ``(i) have been determined (as a result of a comprehensive audiologic assessment) to have a hearing loss which can be appropriately treated with a hearing aid; ``(ii) have not been supplied with one monaural hearing aid or two binaural hearing aids during the preceding 3 years; and ``(iii) have had a comprehensive audiologic assessment which indicates that the hearing of such individual has deteriorated since such individual was last supplied with a hearing aid such that a hearing aid of a different type is appropriate for such individual.''. (d) Inclusion of Audiology Rehabilitation Services.--Section 1861(ll)(2) of the Social Security Act (42 U.S.C. 1395x(ll)(2)) is amended by inserting ``and rehabilitation'' after ``balance assessment''. (e) Exception to Exclusions from Coverage.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended-- (1) in paragraph (1) by adding at the end the following new subparagraph: ``(J) in the case of hearing rehabilitation, which is furnished or supplied more frequently than is provided under section 1861(ww);''; and (2) in paragraph (7) by striking ``hearing aids or examinations therefor''. (f) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to items and services furnished on or after the date the Secretary publishes a final regulation to carry out the provisions of this Act, but in no case later than January 1, 2003.

Medicare Aural Rehabilitation and Hearing Aid Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for coverage of hearing aids as durable medical equipment and aural rehabilitation and other related hearing services.

{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of hearing aids and related hearing services."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Protection Amendments Act of 2000''. SEC. 2. RELATIONSHIP TO STATE STATUTES. The amendments made by this Act shall not affect the validity of any State statute dealing with criminal history background checks of care providers enacted in compliance with Public Law 92-544 before, on, or after the date of enactment of this Act. SEC. 3. FACILITATION OF BACKGROUND CHECKS. (a) In General.--Section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a) is amended to read as follows: ``SEC. 3. FACILITATION OF BACKGROUND CHECKS. ``(a) In General.-- ``(1) Background checks.--A qualified entity designated by a State may contact an authorized agency of the State to obtain a fingerprint-based national criminal history background check (referred to in this section as a `background check') of a provider who provides care to children, the elderly, or individuals with disabilities (referred to in this section as a `provider'). ``(2) Procedures.-- ``(A) Submission.--A request for background check pursuant to this section shall be submitted through a State criminal history record repository. ``(B) Duties of repository.--After receipt of a request under subparagraph (A), the State criminal history record repository shall-- ``(i) conduct a search of the State criminal history record system and, if necessary, forward the request, together with the fingerprints of the provider, to the Federal Bureau of Investigation; and ``(ii) make a reasonable effort to respond to the qualified entity within 15 business days after the date on which the request is submitted. ``(3) National crime prevention and privacy compact.--Each background check pursuant to this section shall be conducted pursuant to the National Crime Prevention and Privacy Compact. ``(b) Guidelines.-- ``(1) In general.--In order to conduct background checks pursuant to this section, a State shall-- ``(A) establish or designate 1 or more authorized agencies to perform the duties required by this section, including the designation of qualified entities; and ``(B) establish the procedures described in paragraph (2). ``(2) Procedures.--The procedures described in this paragraph are procedures that require-- ``(A) a qualified entity that requests a background check pursuant to this section to forward to the authorized agency the fingerprints of the provider and to obtain a statement completed and signed by the provider that-- ``(i) sets out the name, address, and date of birth of the provider appearing on a valid identification document (as defined in section 1028 of title 18, United States Code); ``(ii) states whether the provider has a criminal history record and, if so, sets out the particulars of such record; ``(iii) notifies the provider that the qualified entity may request a background check and that the signature of the provider to the statement constitutes an acknowledgement that such a check may be conducted and explains the uses and disclosures that may be made of the results of the background check; ``(iv) notifies the provider that pending the completion of the background check the provider may be denied unsupervised access to children, the elderly, or disabled persons with respect to which the provider intends to provide care; and ``(v) notifies the provider of the rights of the provider under subparagraph (B); ``(B) that each provider who is the subject of a background check pursuant to this section be provided with an opportunity to contact the authorized agency and initiate a process to-- ``(i) obtain a copy of the criminal history record; and ``(ii) file a challenge with the authorized agency, but only as to the accuracy and completeness of the criminal history record information in the report, and obtain a prompt determination of the challenge before a final adverse fitness determination is made on the basis of the criminal history record information in the report; ``(C) an authorized agency that receives a criminal history record report that lacks disposition information to conduct research in available State and local recordkeeping systems to obtain complete information, to the extent possible considering available personnel and resources; ``(D) the authorized agency to either-- ``(i) make a determination regarding whether the criminal history record information received in response to the background check indicates that the provider has a criminal history record that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities and convey that determination to the qualified entity; or ``(ii) provide some or all of such criminal history record information to the qualified entity for use by the qualified entity in making a fitness determination concerning the provider; and ``(E) a qualified entity that receives criminal history record information concerning a provider in response to a background check pursuant to this section to-- ``(i) adhere to a standard of reasonable care concerning the security and confidentiality of the information and the privacy rights of the provider; and ``(ii) require the qualified entity to make a copy of the criminal history record available, upon request, to the provider, and prohibit such entity from retaining criminal history record information for any period longer than necessary for a final fitness determination. ``(3) Retention of information.--The statement required under paragraph (2)(A)-- ``(A) may be forwarded by the qualified entity to the authorized agency or retained by the qualified entity; and ``(B) shall be retained by such agency or entity, as appropriate, for not less than 1 year. ``(c) Guidance by the Attorney General.--The Attorney General shall-- ``(1) to the maximum extent practicable, encourage the use of the best technology available in conducting background checks pursuant to this section; and ``(2) provide guidance to the States concerning the voluntary adoption by the States of standards to guide authorized agencies and qualified entities in making fitness determinations concerning providers based upon criminal history record information. ``(d) Penalty.--Any officer, employee, or authorized representative of a qualified entity who knowingly and willfully-- ``(1) requests or obtains any criminal history record information pursuant to this section under false pretenses; or ``(2) uses criminal history record information for a purpose not authorized by this section, shall be guilty of a misdemeanor and fined not more than $5,000. ``(e) Limitations on Liability.-- ``(1) Liability of qualified entities.-- ``(A) Failure to request background check.--A qualified entity shall not be liable in an action for damages solely for the failure of such entity to request a background check on a provider. ``(B) Willful violations.--A qualified entity shall not be liable in an action for damages for violating any provision of this section, unless such violation is knowing and willful. ``(C) Reasonable care standard.--A qualified entity that exercises reasonable care for the security, confidentiality, and privacy of criminal history record information received in response to a background check pursuant to this section shall not be liable in an action for damages. ``(2) Liability of governmental entities.--A State or political subdivision thereof, or any agency, officer, or employee thereof, shall not be liable in an action for damages for the failure of a qualified entity (other than itself) to take action adverse with respect to a provider who was the subject of a background check. ``(3) Reliance on information.--An authorized agency or a qualified entity that reasonably relies on criminal history record information received in response to a background check pursuant to this section shall not be liable in an action for damages based upon the inaccuracy or incompleteness of the information. ``(f) Fees.-- ``(1) Limitation.--In the case of a background check pursuant to a State requirement adopted after December 20, 1993, conducted with fingerprints on a person who volunteers with a qualified entity, the fees collected by authorized State agencies and the Federal Bureau of Investigation may not exceed $18, respectively, or the actual cost, whichever is less, of the background check conducted with fingerprints. ``(2) State fee systems.--The States shall establish fee systems that ensure that fees to nonprofit entities for background checks do not discourage volunteers from participating in child care programs. ``(3) Authority of federal bureau of investigation.--This subsection shall not affect the authority of the Federal Bureau of Investigation or the States to collect fees for conducting background checks of persons who are employed as or apply for positions as paid care providers.''. (b) Authorization of Appropriations; Conforming Amendments.-- Section 4 of the National Child Protection Act of 1993 (42 U.S.C. 5119b) is amended-- (1) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; and (2) in subsection (a), as redesignated-- (A) in paragraph (1)-- (i) in each of subparagraphs (C) and (D), by striking ``national criminal history background check system'' and inserting ``criminal history record repository''; and (ii) by striking subparagraph (E) and inserting the following: ``(E) to assist the State in offsetting the costs to qualified entities of background checks under section 3 on volunteer providers.''; and (B) by striking paragraph (2) and inserting the following: ``(2) Authorization of appropriations.--There are authorized to be appropriated for grants under paragraph (1)-- ``(A) $80,000,000 for fiscal year 2001; and ``(B) such sums as may be necessary for each of fiscal years 2002 through 2005.''. SEC. 4. DEFINITIONS. Section 5 of the National Child Protection Act of 1993 (42 U.S.C. 5119c) is amended-- (1) by striking paragraph (8); (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (3) by inserting after paragraph (5) the following: ``(6) the term `criminal history record repository' means the State agency designated by the Governor or other executive official of a State, or by the legislature of a State, to perform centralized recordkeeping functions for criminal history records and services in the State;''; and (4) in paragraph (9)-- (A) in subparagraph (A)(iii)-- (i) by inserting ``or to an elderly person or person with a disability'' after ``to a child''; and (ii) by striking ``child care'' and inserting ``care''; and (B) in subparagraph (B)(iii)-- (i) by inserting ``or to an elderly person or person with a disability'' after ``to a child''; and (ii) by striking ``child care'' and inserting ``care''.

Directs the Attorney General to provide guidance to authorized agencies and qualified entities in making provider fitness determinations based upon criminal history information. Provides criminal penalties for the unauthorized request or use of such information by a qualified entity.

{"src": "billsum_train", "title": "National Child Protection Amendments Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Opportunities for Medical Doctors Act of 2016''. SEC. 2. REDISTRIBUTING UNUSED RESIDENCY POSITIONS TO PROMOTE THE ESTABLISHMENT OF RESIDENCY PROGRAMS FOR NEWLY RECOGNIZED PRIMARY MEDICAL SPECIALTIES. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended-- (1) in paragraph (4)(F)(i), by striking ``(7) and (8)'' and inserting ``(7), (8), and (9)''; (2) in paragraph (4)(H)(i), by striking ``(7) and (8)'' and inserting ``(7), (8), and (9)''; (3) in paragraph (7)(E), by striking ``paragraph (8)'' and inserting ``paragraphs (8) or (9)'' before the period at the end; and (4) by adding at the end the following new paragraph: ``(9) Distribution of additional residency positions.-- ``(A) Reductions in limit based on unused positions.-- ``(i) In general.--If a hospital's reference resident level (as defined in subparagraph (G)(i)) is less than the otherwise applicable resident limit (as defined in subparagraph (G)(iii)), effective for portions of cost reporting periods occurring on or after July 1, 2017, the otherwise applicable resident limit shall be reduced by 65 percent of the difference between such otherwise applicable resident limit and such reference resident level. ``(ii) Exception.--This subparagraph shall not apply to a hospital located in a rural area (as defined in subsection (d)(2)(D)(ii)) with fewer than 250 acute care inpatient beds. ``(B) Distribution.-- ``(i) In general.--The Secretary shall, in accordance with the succeeding provisions of this paragraph, increase the otherwise applicable resident limit for each qualifying hospital that submits an application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1, 2017. The aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to the aggregate reduction in such limits attributable to subparagraph (A) (as estimated by the Secretary). ``(ii) Requirements.--Subject to clause (iii), a hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 3- year period beginning on the date of such increase, that the positions resulting from the increase under this paragraph will be filled. The Secretary may determine whether a hospital has met the requirements under this clause during such 3-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 3- year period. ``(iii) Redistribution of positions if hospital no longer meets certain requirements.--In the case where the Secretary determines that a hospital described in clause (ii) does not meet the requirements of such clause, the Secretary shall-- ``(I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and ``(II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. ``(C) Capacity considerations in redistribution.-- In determining for which hospitals the increase in the otherwise applicable resident limit is provided under subparagraph (B), the Secretary shall take into account the demonstration likelihood of the hospital filling the positions made available under this paragraph within the first 3 cost reporting periods beginning on or after July 1, 2017, as determined by the Secretary. ``(D) Priority in redistribution.--Subject to subparagraphs (C) and (E), the Secretary shall determine which qualifying hospitals receive increases under subparagraph (B) in the otherwise applicable resident limits for such hospitals in a manner that distributes the positions made available to hospitals under this paragraph in accordance with the following: ``(i) The Secretary shall make such positions available to hospitals with applicable residency training programs. ``(ii) In the case that the application of clause (i) does not result in the distribution of all positions made available under this paragraph, the Secretary shall make any positions that remain undistributed after the application of such clause available to hospitals that are located in-- ``(I) a State with a resident-to- population ratio in the lowest quartile (as determined by the Secretary); ``(II) a State, a territory of the United States, or the District of Columbia that is among the top 10 States, territories, or Districts in terms of the ratio of the total population of the State, territory, or District living in an area designated (under such section 332(a)(1)(A)) as a health professional shortage area (as of the date of enactment of this paragraph), to the total population of the State, territory, or District (as determined by the Secretary based on the most recent available population data published by the Bureau of the Census); or ``(III) a rural area (as defined in subsection (d)(2)(D)(ii)). ``(iii) In the case that the application of clauses (i) and (ii) does not result in the distribution of all positions made available under this paragraph, the Secretary shall make any positions that remain undistributed after the application of such clauses available to hospitals that establish a medical residency program that is sponsored by, or affiliated with, a medical school that was first accredited during the cost reporting period prior to the cost reporting period with respect to which such application applies. ``(E) Limitation.--A hospital may not receive more than 75 full-time equivalent additional residency positions under this paragraph. ``(F) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(G) Definitions.--In this paragraph: ``(i) Reference resident level.--The term `reference resident level' means, with respect to a hospital, the highest resident level for any of the 3 most recent cost reporting periods (ending before the date of the enactment of this paragraph) of the hospital for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. ``(ii) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i). ``(iii) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraph (7)(A). ``(iv) Applicable residency training program.-- ``(I) In general.--The term `applicable residency training program' means a medical residency training program that is for the applicable primary specialty that, as of the date of the enactment of this paragraph, is the applicable primary specialty that has most recently been designated as a primary specialty by the American Board of Medical Specialties. ``(II) Applicable primary specialty.--The term `applicable primary specialty' means a primary specialty a resident of which is not, as of the date of the enactment of this paragraph, counted as an FTE resident for purposes of this subsection. For purposes of the preceding sentence, the term `primary specialty' does not include a subspecialty. ``(H) Affiliation.--The provisions of this paragraph shall be applied to hospitals which are members of the same affiliated group (as defined by the Secretary under paragraph (4)(H)(ii)) and the reference resident level for each such hospital shall be the reference resident level with respect to the cost reporting period that results in the smallest difference between the reference resident level and the otherwise applicable resident limit.''. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the second sentence, is amended by striking ``subsections (h)(7) and (h)(8)'' and inserting ``subsections (h)(7), (h)(8), and (h)(9)''. (2) Conforming amendment.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the following clause: ``(xii) For discharges occurring on or after July 1, 2017, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(9)(B), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions.''. (c) Conforming Amendment.--Section 422(b)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), as amended by section 5503 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``paragraphs (7) and (8)'' and inserting ``paragraphs (7), (8), and (9).''.

Enhancing Opportunities for Medical Doctors Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to redistribute unused residency positions for which graduate medical education costs are paid under Medicare. Specifically, the Centers for Medicare & Medicaid Services must: (1) reduce a hospital's resident limit by a specified amount if the hospital has unused residency positions and is not a rural hospital with fewer than 250 acute care inpatient beds, and (2) increase the resident limit for each qualifying hospital that applies for an increase. In aggregate, the number of increased positions shall equal the number of reduced positions. The bill establishes specified priorities, limitations, and capacity considerations with respect to redistribution.

{"src": "billsum_train", "title": "Enhancing Opportunities for Medical Doctors Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satellite Consumer Protection Act of 2006''.D23/ SEC. 2. LIMITATIONS ON EXCLUSIVE RIGHTS: SECONDARY TRANSMISSIONS OF DISTANT NETWORK SIGNALS FOR PRIVATE HOME VIEWING BY CERTAIN SATELLITE CARRIERS. (a) In General.--Chapter 1 of title 17, United States Code, is amended by inserting after section 119 the following: ``Sec. 119A. Limitations on exclusive rights: secondary transmissions of distant network signals for private home viewing by certain satellite carriers ``(a) Statutory License Granted.-- ``(1) In general.--Notwithstanding any injunction issued under section 119(a)(7)(B), a satellite carrier found to have engaged in a pattern or practice of violations pursuant to section 119(a)(7)(B) is granted a statutory license to provide a secondary transmission of a performance or display of a work embodied in a primary transmission made by a network station in accordance with the provisions of this section. ``(2) Significantly viewed signals.--Under the statutory license granted by paragraph (1), a satellite carrier may provide a secondary transmission of a primary transmission made by a network station as provided in paragraph (2)(C) or (3) of section 119(a). ``(3) Distant signals.-- ``(A) In general.--Under the statutory license granted by paragraph (1), a satellite carrier may provide a secondary transmission of a performance or display of a work embodied in a primary transmission made by a network station, subject to the limitations of subparagraphs (B) and (C), of not more than 1 network station in a single day for each television network. ``(B) Non-local-into-local markets.--A satellite carrier may provide a secondary transmission under subparagraph (A) in a local market (as defined in section 122(j)) in which a satellite carrier does not currently provide, and has not ever provided, a transmission pursuant to a statutory license under section 122, if the satellite carrier-- ``(i) complies with the terms and conditions for a statutory license under section 119; and ``(ii) certifies to the Copyright Office within 30 days after the date of enactment of the Satellite Consumer Protection Act of 2006, or before initiating service to a subscriber under this section, whichever is later, that all subscribers receiving secondary transmissions pursuant to a statutory license under this section in that local market reside in unserved households, as determined under section 119(a)(2)(B)(ii); and ``(iii) deposits, in addition to the deposits required by section 119(b)(1), a duplicate payment with the Register of Copyrights in the same amount for each network station in the local market affiliated with the same network as the network station being imported. ``(C) Short markets.--In a local market (as defined in section 122(j)) in which a network station (as defined in section 119(d)) affiliated with the ABC, CBS, NBC, or Fox television network is not licensed by the Federal Communications Commission, a satellite carrier may provide secondary transmission under subparagraph (A) of the primary signals of a network station affiliated with that network, if the satellite carrier-- ``(i) complies with the terms and conditions for a statutory license under section 119; and ``(ii) certifies to the Copyright Office within 30 days after the date of enactment of the Satellite Consumer Protection Act of 2006, or before initiating service to a subscriber under this section, whichever is later, that all subscribers receiving secondary transmissions pursuant to a statutory license under this section in that local market reside in unserved households, as determined under section 119(a)(2)(B)(ii). ``(D) Short market exception.-- ``(i) In general.--Notwithstanding subparagraph (C), a satellite carrier may not provide secondary transmission of the primary signals of a network station under that subparagraph if secondary transmission of those signals could be provided under paragraph (2). ``(ii) Discontinuance of secondary transmission when primary signal becomes available.--Notwithstanding subparagraph (C), a satellite carrier that has been providing secondary transmission of the primary signals of a network station under subparagraph (C) in a local market may not provide such secondary transmission in that local market more than 30 days after the date on which a network station affiliated with the same network begins to broadcast or rebroadcast the basic programming service of that network in that local market and could be carried pursuant to a license under section 122. ``(b) Distribution of Duplicate Deposit Amounts.--The Copyright Royalty Judges shall authorize the Librarian of Congress to distribute semiannually amounts received by the Register of Copyrights as deposits under subsection (a)(3)(B)(iii), after deducting the reasonable costs incurred by the Copyright Office and the Copyright Royalty Judges under this section, in accordance with a process that the Copyright Royalty Judges may prescribe by regulation, to a network station (as defined in section 119(d)(2)) affiliated with the network whose signals are being carried under this section to a community within the local market (as defined in section 122(j)) in which such signals are being provided under this section. ``(c) Statutory Damages.-- ``(1) In general.--The violation by a satellite carrier of subsection (a) is actionable as an act of infringement under section 501 and is subject to statutory damages equal to $100 per month multiplied by the number of subscribers with respect to which the violation was committed for each month during which the violation was committed (treating each month of a continuing violation as a separate violation). ``(2) Petition.--A petition for statutory damages may be made to the Copyright Royalty Judges, pursuant to such rules as may be prescribed by the Copyright Royalty Judges by regulation. In any proceeding under this section, the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a network station is to a subscriber who is eligible to receive the secondary transmission under this section. ``(3) Escrow.--As a condition of using the statutory license under subsection (a), a satellite carrier must deposit the sum of $20,000,000 in escrow with the Copyright Office. The Copyright Office shall deposit the escrow funds in an account in the Treasury of the United States, in such manner as the Secretary of the Treasury directs, and invested in interest- bearing securities of the United States with any interest from such investment to be credited to the account. The Copyright Royalty Judges shall have exclusive jurisdiction to determine liability for and entitlement to the statutory damages owed to the petitioning party in accordance with a process to be prescribed by regulation and they shall authorize the Librarian of Congress to distribute funds from the escrow account to satisfy this determination. After all petitions under this section against a satellite carrier have been resolved, any amount remaining in the satellite carrier's escrow account after February 17, 2009, after deducting the reasonable costs incurred by the Copyright Office and the Copyright Royalty Judges under this section, shall be returned to the satellite carrier. ``(4) Judicial review.--A satellite carrier may seek judicial review of all determinations of the Copyright Royalty Judges on a consolidated basis in a single petition of appeal to the United States Court of Appeals for the District of Columbia Circuit within 30 days after the later of-- ``(A) February 17, 2009; or ``(B) the date on which all amounts in the escrow account have been distributed or returned. ``(d) Sunset.--This section shall not apply after February 17, 2009.''. (b) Conforming Amendment.--The chapter analysis for chapter 1 of title 17, United States Code, is amended by inserting after the item relating to section 119 the following: ``119A. Limitations on exclusive rights: secondary transmissions of distant network signals for private home viewing by certain satellite carriers.''.

Satellite Consumer Protection Act of 2006 - Grants a satellite carrier under an injunction for certain secondary transmission violations a statutory license to provide distant network stations in specified local markets under prescribed conditions. Requires a satellite carrier as a condition of license use to deposit escrow funds with the Copyright Office. Imposes monetary penalties for license violations. Terminates such license authority after February 17, 2009.

{"src": "billsum_train", "title": "A bill to provide for secondary transmissions of distant network signals for private home viewing by certain satellite carriers."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnerships for Progress and Prosperity Act'' or the ``P3 Act''. SEC. 2. FINDINGS. Congress finds the following: (1) As part of their Blueprint for Action researchers at Harvard Graduate School of Education and the Pathways to Prosperity Network recommend creating programs designed to ``combine work and academic learning in post-secondary career preparation''. In a follow-up study to the original ``Pathways to Prosperity'' published by Harvard's Graduate School of Education in 2011, the same researchers released ``A Blueprint for Action'' in June 2014. (2) The Executive Office of Science and Technology Policy have explicitly stated a goal of strengthening America's STEM workforce. (3) According to a study by the Manufacturing Institute, a national survey of United States manufacturing executives found that 83 percent of American manufacturers reported a moderate or severe shortage of skilled workers. (4) The American Enterprise Institute further states that, ``According to the U.S. Department of Labor, the percentage of manufacturing workers aged 55 to 64 and the share of workers older than 65 have both significantly increased since 2000. Moreover, they also report that the median age of the manufacturing workforce increased from 40.5 in 2000 to 44.1 in 2011. The Society of Manufacturing Engineers predicts that the shortfall of skilled factory workers could increase to 3 million jobs by 2015 due to the aging manufacturing workforce and the resulting retirements of older workers, at the same time that an anticipated manufacturing rebound will increase demand for skilled workers.''. (5) The 2012 Program for International Student Assessment found the United States below the average score of participating countries in mathematics and science. Furthermore, the United States has dropped in the rankings for mathematics achievement from 25th in 2009 to 36th in 2012. (6) NAE, along with other peer reviewed publications and studies from universities around the country have examined the benefits of partnerships between schools and outside organizations. Partnerships for Progress and Prosperity Act programs as well as experiential learning play an important role in training students for the jobs of the future. SEC. 3. GRANT PROGRAM. (a) In General.--From the amounts appropriated under subsection (h), the Secretary of Education shall award grants to eligible entities to improve the education of students in science, technology, engineering, and mathematics (in this section referred to as ``STEM'') and prepare such students to pursue undergraduate and graduate degrees and careers in such fields. (b) Application.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include a description of-- (1) the local, regional, or national employer in a STEM field with which the eligible entity will partner or collaborate to carry out activities under subsection (c)(2); and (2) the activities the eligible entity will carry out under subsection (c)(2) with the grant. (c) Uses of Funds.-- (1) Partnership or collaboration.--An eligible entity receiving a grant under this section shall carry out at least one of the activities described in paragraph (2) in partnership or collaboration with-- (A) the local, regional, or national employer described in the agency's application under subsection (b)(1); and (B) an institution of higher education, in the case of an eligible entity that is a local educational agency, or a local educational agency, in the case of an eligible entity that is an institution of higher education. (2) Activities.--The activities referred to in paragraph (1) are as follows: (A) Assist students in being placed in internships or apprenticeships with the employers with whom the eligible entity is partnering or collaborating under paragraph (1)(A). (B) Develop the curriculum and metrics of STEM coursework. (C) Carry out dual-credit courses that offer both secondary school credit and college credit, and incorporate STEM education and STEM workplace training. (D) Provide tutoring in STEM coursework and mentoring programs for academic advice and assistance in discussing future career opportunities in STEM fields. (E) Enable students and their teachers to attend STEM events outside the classroom. (F) Provide after-school and summer STEM programs for students. (G) Purchase education materials or equipment to facilitate STEM instruction. (d) Awarding of Grants.--In awarding grants under this section, the Secretary shall-- (1) carry out a rigorous evaluation of each eligible entity's application under subsection (b) being considered for a grant under this section to determine whether the eligible entity demonstrates a rationale based on high-quality research findings or positive evaluation that the activity proposed to be funded with the grant is likely to improve student outcomes or other relevant outcomes; and (2) give special consideration to eligible entities that-- (A) promote in-classroom engagement between STEM professionals and students, creating co-teaching and guest-teaching opportunities; (B) use technology-based instructional materials and content; (C) pair mentors and tutors with students struggling to meet curriculum benchmarks; (D) in the case of eligible entities that are local educational agencies, serve schools in which the majority of students are eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (E) propose to use the grant to target interventions for populations that are traditionally underrepresented in STEM fields, including women, minorities, and low-income students. (e) Matching Requirement.-- (1) In general.--Each eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the grant. Such non-Federal contribution may be provided in cash or in kind. (2) Partnership authorized.--An eligible entity may partner with a public and private entity that may assist the eligible entity in meeting the matching requirement under paragraph (1). (3) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) for an eligible entity if the entity demonstrates that such requirement would result in a serious financial hardship or a financial inability to carry out the goals of the grant. (f) Supplement, Not Supplant.--Grant funds provided to an eligible entity under this section shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this section. (g) Definitions.--In this Act: (1) Eligible entity.--The term ``eligible entity'' means a local educational agency or an institution of higher education. (2) ESEA terms.--The terms ``local educational agency'', ``poverty line'', ``secondary school'', ``Secretary'', and ``State'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (4) Low-income student.--The term ``low-income student'' means a student whose family's taxable income for the preceding year did not exceed 150 percent of the poverty line. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2018 and each succeeding fiscal year.

Partnerships for Progress and Prosperity Act or the P3 Act This bill requires the Department of Education (ED) to award grants to local educational agencies (LEAs) and institutions of higher education for the improvement of students' education in science, technology, engineering, and mathematics (STEM). Each grantee shall partner with an employer in a STEM field to: assist students in obtaining internships or apprenticeships, develop STEM coursework curricula and metrics, carry out dual-credit courses, provide tutoring and mentoring, enable students and teachers to attend STEM events outside of the classroom, provide after-school and summer STEM programs, and purchase educational materials or equipment to facilitate STEM instruction. In awarding grants under the program, ED shall give special consideration to applicants that: promote in-classroom engagement between STEM professionals and students; use technology-based materials and content; pair mentors and tutors with students struggling to meet curriculum benchmarks; in the case of LEA applicants, serve schools in which most students are eligible for free or reduced-price lunch; and propose to use grant funds to target interventions for populations that are traditionally underrepresented in STEM fields. Each grantee shall provide matching funds equal to 50% of the grant amount.

{"src": "billsum_train", "title": "Partnerships for Progress and Prosperity Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Area Power Administration Transparency Act''. SEC. 2. WESTERN AREA POWER ADMINISTRATION PILOT PROJECT. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Administrator of the Western Area Power Administration (referred to in this section as the ``Administrator'') shall establish a pilot project, as part of the continuous process improvement program and to provide increased transparency for customers, to publish on a publicly available website of the Western Area Power Administration, a database of the following information, beginning with fiscal year 2008, relating to the Western Area Power Administration: (1) By power system and in a consistent format, rates charged to customers for power and transmission service. (2) By power system, the amount of capacity or energy sold. (3) By region, a detailed accounting, at the functional level and the budget activity level, of all expenditures, capital costs, and staffing costs, including-- (A) indirect costs, including overhead costs; (B) direct charges and direct allocations; (C) the number of contract staff; (D) costs related to independent consultants; (E) the number of full-time equivalents; and (F) charges to the region from the headquarters office of the Western Area Power Administration for all annual and capital costs. (4) For the headquarters office of the Western Area Power Administration, a detailed accounting at the functional level and the budget activity level, of all expenditures and capital costs, including-- (A) indirect costs, including overhead costs; (B) direct charges and direct allocations; (C) the number of contract staff; (D) costs related to independent consultants; (E) the number of full-time equivalents; (F) a summary of any expenditures described in this paragraph, with the total amount paid by each region and power system; and (G) expenses incurred on behalf of other Federal agencies or programs or third parties for the administration of programs not related to the marketing, transmission, or wheeling of Federal hydropower resources, including-- (i) indirect costs, including overhead costs; (ii) direct charges and allocations; (iii) the number of contract staff; and (iv) the number of full-time equivalents. (5) Capital expenditures, including-- (A) capital investments delineated by the year in which each investment is placed into service; and (B) the sources of capital for each investment. (b) Annual Summary.-- (1) In general.--Not later than 120 days after the end of each fiscal year in which the pilot project is being carried out under this section, the Administrator shall make available on a publicly available website-- (A) updates to documents made available on the date of the initial publication of the information on the website under subsection (a); (B) an identification of the magnitude of annual changes in the information published on the website under subsection (a); (C) a description of the reasons for the changes identified under subparagraph (B); (D) subject to paragraph (2), the total amount of the unobligated balances retained by the Western Area Power Administration at the end of the prior fiscal year within each marketing area and headquarters by-- (i) purpose or function; (ii) source of funding; (iii) anticipated program allotment; and (iv) underlying authority for each source of funding; and (E) the anticipated level of unobligated balances that the Western Area Power Administration expects to retain at the end of the fiscal year in which the annual summary is published, as delineated by each of the categories described in clauses (i) through (iv) of subparagraph (D). (2) Limitation.--Amounts in the Upper Colorado River Basin Fund established by section 5(a) of the Act of April 11, 1956 (commonly known as the ``Colorado River Storage Project Act'') (43 U.S.C. 620d(a)), shall not considered to be an unobligated balance retained by the Western Area Power Administration for purposes of paragraph (1)(D). (c) Termination.--The pilot project under this section shall terminate on the date that is 7 years after the date of enactment of this Act. Passed the House of Representatives February 7, 2018. Attest: KAREN L. HAAS, Clerk.

. Western Area Power Administration Transparency Act (Sec.2)This bill directs the Western Area Power Administration (WAPA)to establish a pilot project to provide increased transparency for its customers. WAPA must publicly display on its website specific information dating back to FY2008, including rates charged by power systems to customers for power and transmission services, the amount of capacity or energy sold by power systems, and a detailed accounting at the functional and budget activity level of all its expenditures and capital costs by region and for the headquarters office. Additionally, WAPA must annually update the information it provides on the website, including the changes it publishes, the reasons for the changes, and the amount of the unobligated balances it retains at the end of the prior fiscal year within each marketing area and at headquarters. The pilot project shall terminate in seven years.

{"src": "billsum_train", "title": "Western Area Power Administration Transparency Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Publishing Office Act of 2014''. SEC. 2. REDESIGNATION OF GOVERNMENT PRINTING OFFICE TO GOVERNMENT PUBLISHING OFFICE. (a) In General.--The Government Printing Office is hereby redesignated the Government Publishing Office. (b) References.--Any reference to the Government Printing Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Publishing Office. SEC. 3. REDESIGNATION OF PUBLIC PRINTER TO DIRECTOR OF THE GOVERNMENT PUBLISHING OFFICE. (a) Title 44, United States Code.--Title 44, United States Code, is amended-- (1) by striking ``Public Printer'' each place that term appears and inserting ``Director of the Government Publishing Office''; and (2) in the heading for each of sections 301, 302, 303, 304, 305, 306, 307, 502, 710, 1102, 1111, 1115, 1340, 1701, 1712, and 1914, by striking ``public printer'' and inserting ``director of the government publishing office''. (b) Other References.--Any reference in any law other than in title 44, United States Code, or in any rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act to the Public Printer shall be considered to refer and apply to the Director of the Government Publishing Office. SEC. 4. REDESIGNATION OF DEPUTY PUBLIC PRINTER TO DEPUTY DIRECTOR OF THE GOVERNMENT PUBLISHING OFFICE. (a) Title 44, United States Code.--Title 44, United States Code, is amended-- (1) by striking ``Deputy Public Printer'' each place that term appears and inserting ``Deputy Director of the Government Publishing Office''; and (2) in the heading for each of sections 302 and 303, by striking ``deputy public printer'' and inserting ``deputy director of the government publishing office''. (b) Other References.--Any reference in any law other than in title 44, United States Code, or in any rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act to the Deputy Public Printer shall be considered to refer and apply to the Deputy Director of the Government Publishing Office. SEC. 5. DIRECTOR REQUIREMENTS. Section 301 of title 44, United States Code, is amended-- (1) in the first sentence, by striking ``, who must be a practical printer and versed in the art of bookbinding,''; and (2) in the second sentence, by striking ``His'' and inserting ``The''. SEC. 6. DEPUTY DIRECTOR REQUIREMENTS. Section 302 of title 44, United States Code, is amended-- (1) in the first sentence, by striking ``, who must be a practical printer and versed in the art of bookbinding,''; and (2) in the second sentence-- (A) by striking ``He'' and inserting ``The Deputy Director of the Government Publishing Office''; (B) by striking ``perform the duties formerly required of the chief clerk,''; (C) by striking ``, and perform'' and inserting ``and perform''; and (D) by striking ``of him''. SEC. 7. OTHER CONFORMING AMENDMENTS. Chapter 3 of title 44, United States Code is amended-- (1) in the first sentence of section 304, by striking ``or his'' and inserting ``or the Director's''; (2) in section 305(a)-- (A) by striking ``he considers'' and inserting ``the Director considers''; and (B) by striking ``He may not'' and inserting ``The Director of the Government Publishing Office may not''; (3) in section 306, by striking ``his direction'' and inserting ``the direction of the Director''; (4) in section 308-- (A) in subsection (b)(1)-- (i) by striking ``his accounts'' and inserting ``the accounts of the disbursing officer''; and (ii) by striking ``his name'' and inserting ``the name of the disbursing officer''; (B) in subsection (b)(2)-- (i) by striking ``his estate'' and inserting ``the estate of the disbursing officer''; (ii) by striking ``to him'' and inserting ``to the deputy disbursing officer''; and (iii) by striking ``his service'' and inserting ``the service of the deputy disbursing officer''; and (C) in subsection (c)(1)-- (i) by striking ``by him'' and inserting ``by such officer or employee''; (ii) by striking ``his discretion'' and inserting ``the discretion of the Comptroller General''; and (iii) by striking ``whenever he'' each place that terms appears and inserting ``whenever the Comptroller General''; (5) in section 309-- (A) in the second sentence of subsection (a), by striking ``by him'' and inserting ``by the Director''; and (B) in subsection (f), by striking ``his or her discretion'' and inserting ``the discretion of the Comptroller General''; (6) in section 310, by striking ``his written request'' and inserting ``the written request of the Director''; (7) in section 311(b), by striking ``he justifies'' and inserting ``the Director justifies''; (8) in section 312, by striking ``his service'' and inserting ``the service of such officer''; and (9) in section 317, by striking ``his delegate'' and inserting ``a delegate of the Director''.

. Government Publishing Office Act of 2014 - Redesignates the Government Printing Office (GPO) as the Government Publishing Office and the Public Printer and the Deputy Public Printer as the Director of the Government Publishing Office and the Deputy Director of the Government Publishing Office, respectively. Eliminates as a requirement for such positions that such officers be practical printers and versed in the art of bookbinding. 

{"src": "billsum_train", "title": "Government Publishing Office Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Obstetrician and Gynecologist Medical Access Now Act of 2009''. SEC. 2. WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. (a) Group Health Plans.-- (1) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 715. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) Direct Access Required.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services. ``(2) Construction.--Paragraph (1) shall not be construed as preventing a plan or issuer-- ``(A) from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition, treatment, and any need for followup care; or ``(B) from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions-- ``(i) are consistent with the intent of such paragraph; ``(ii) are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and ``(iii) are not to be more restrictive for the provision of obstetrical and gynecological physician services. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 715''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 715. Standard relating to women's access to obstetrical and gynecological services''. (2) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2708. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) In General.--The provisions of section 715(a) of the Employee Retirement Income Security Act of 1974 shall apply to group health plans, and health insurance issuers offering group health insurance coverage, as if included in this subpart. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 715(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9813 the following new item: ``Sec. 9814. Standard relating to women's access to obstetrical and gynecological services''; and (ii) by inserting after section 9813 the following: ``SEC. 9814. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``The provisions of section 715(a) of the Employee Retirement Income Security Act of 1974 shall apply to group health plans, and health insurance issuers offering group health insurance coverage, as if included in this subchapter.''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9814''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2753 the following new section: ``SEC. 2754. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) In General.--The provisions of section 2708(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 715(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning more than 180 days after the date of the enactment of this Act. (2) Individual health insurance coverage.--The amendment made by subsection (b) applies with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) the date that is 180 days after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.

Women's Obstetrician and Gynecologist Medical Access Now Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan to allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating provider without a referral. States that this Act does not prevent a plan or issuer from establishing: (1) reasonable requirements for a participating provider to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition and treatment; or (2) reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network. Applies such requirements to coverage offered in the individual market.

{"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans permit enrollees direct access to services of obstetrical and gynecological physician services directly and without a referral."}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Grand River Bands of Ottawa Indians of Michigan Referral Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--REFERRAL TO THE SECRETARY Sec. 101. Purpose. Sec. 102. Report. Sec. 103. Action by Congress. TITLE II--MEMBERSHIP; JURISDICTION; LAND Sec. 201. Recognition. Sec. 202. Membership. Sec. 203. Federal services and benefits. Sec. 204. Rights of the Tribe. Sec. 205. Tribal funds. Sec. 206. Jurisdiction of trust land. SEC. 2. DEFINITIONS. In this Act: (1) Bands; tribe.--The terms ``Bands'' and ``Tribe'' mean the Grand River Bands of the Ottawa Indians of Michigan. (2) Date of recognition.--The term ``date of recognition'' means the date on which recognition of the Tribe by the Secretary was published in the Federal Register under section 201. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. TITLE I--REFERRAL TO THE SECRETARY SEC. 101. PURPOSE. The purpose of this title is to obtain an expedited review of the petition of the Bands in order to secure a timely and just determination of whether the Bands are entitled to recognition as a Federal Indian tribe under the rules that govern the recognition of a new group as an Indian tribe. SEC. 102. REPORT. (a) In General.--Not later than August 31, 2007, the Secretary shall review the petition of the Bands and submit to Congress a report describing the findings of the Secretary regarding whether-- (1) the majority of members of the Bands are descendants of, and political successors to, signatories of-- (A) the treaty made and concluded at Chicago, in the State of Illinois, between Lewis Cass and Solomon Sibley, Commissioners of the United States, and the Ottawa, Chippewa, and Pottawatamie, Nations of Indians on August 29, 1821 (7 Stat. 218); (B) the treaty made and concluded at the city of Washington in the District of Columbia, between Henry R. Schoolcraft, commissioner on the part of the United States, and the Ottawa and Chippewa nations of Indians, by their chiefs and delegates on March 28, 1836 (7 Stat. 491); and (C) the articles of agreement and convention made and concluded at the city of Detroit, in the State of Michigan, July 31, 1855, between George W. Manypenny and Henry C. Gilbert, commissioners on the part of the United States, and the Ottawa and Chippewa Indians of Michigan, parties to the treaty of March 28, 1836; (2) the history of the Bands parallels the history of Indian tribes the members of which are descendants of the signatories to the treaties described in subparagraphs (B) and (C) of paragraph (1), including-- (A) the Grand Traverse Band of Ottawa and Chippewa Indians; (B) the Sault Ste. Marie Tribe of Chippewa Indians; (C) the Bay Mills Band of Chippewa Indians; (D) the Little Traverse Bay Band of Odawa Indians; and (E) the Little River Band of Ottawa Indians; (3) the majority of members of the Bands continue to reside in the ancestral homeland of the Bands (which is now the Western lower quadrant of the State of Michigan), as recognized in the treaties described in paragraph (1); (4)(A) the Bands filed for reorganization of the tribal government of the Bands in 1935 under the Act of June 18, 1934 (commonly referred to as the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.); (B) the Commissioner of Indian Affairs attested to the continued social and political existence of the Bands and concluded that the Bands were eligible for reorganization; and (C) due to a lack of Federal appropriations to implement the provisions of the Indian Reorganization Act, the Bands were denied the opportunity to reorganize; (5)(A) the Bands continued political and social existence as a viable tribal government during the participation of the Bands in the Northern Michigan Ottawa Association in 1948, which subsequently pursued a successful land claim with the Indian Claims Commission; and (B) the Bands carried out tribal governmental functions through the Northern Michigan Ottawa Association while retaining control over local decisions; (6) the Federal Government, the government of the State of Michigan, and local governments have had continuous dealings with recognized political leaders of the Bands from 1836 to the present; and (7) the Bands were included in the Michigan Indian Land Claims Settlement Act (Public Law 105-143; 111 Stat. 2652) and was required to submit a fully documented petition not later than December 15, 2000, to qualify for land claim funds set aside for the Bands, which the Secretary segregated and holds in trust for the Bands pending recognition as the respective share of funds of the Bands under that Act. (b) Consultation.--In carrying out this section, the Secretary shall consult with and request information from-- (1) elected leaders of the Bands; and (2) anthropologists, ethno-historians, and genealogists associated with the Bands; (3) attorneys of the Bands; and (4) other experts, as the Secretary determines appropriate. (c) Conclusion.-- (1) Positive report.--Not later than August 31, 2007, if the Secretary determines by a preponderance of the evidence that the Bands satisfy each condition of subsection (a), the Secretary shall submit to Congress a positive report indicating that determination. (2) Negative report.--Not later than August 31, 2007, if the Secretary determines by a preponderance of the evidence that the Bands fail to satisfy a condition of subsection (a), the Secretary shall submit to Congress a negative report indicating that determination. (d) Failure to Submit Report.--If the Secretary fails to submit to Congress a report in accordance with subsection (c)-- (1) not later than November 30, 2007, the Secretary shall recognize the Bands as an Indian tribe; and (2) title II shall apply to the Bands. SEC. 103. ACTION BY CONGRESS. (a) Action by Deadline.-- (1) In general.--If Congress acts on the report of the Secretary under section 102(c) by the date that is 60 days after the date of receipt of the report, the Secretary shall carry out the actions described in this subsection. (2) Positive report.--If the Secretary submitted a positive report under section 102(c)(1)-- (A) not later than November 30, 2007, the Secretary shall recognize the Bands as an Indian tribe; and (B) title II shall apply to the Bands. (3) Negative report.--If the Secretary submitted a negative report under section 102(c)(2), the Secretary shall-- (A) return the petition of the Bands to the list maintained by the Office of Federal Acknowledgment; and (B) grant the Bands any opportunity available to the Bands to prove the status of the Bands as an Indian tribe. (b) Failure to Act by Deadline.-- (1) In general.--If Congress fails to act on the report of the Secretary under section 102(c) by the date that is 60 days after the date of receipt of the report, the Secretary shall carry out the actions described in this subsection. (2) Positive report.--If the Secretary submitted a positive report under section 102(c)(1)-- (A) not later than November 30, 2007, the Secretary shall recognize the Bands as an Indian tribe; and (B) title II shall apply to the Bands. (3) Negative report.--If the Secretary submitted a negative report under section 102(c)(2), the Secretary shall-- (A) return the petition of the Bands to the list maintained by the Office of Federal Acknowledgment; and (B) grant the Bands any opportunity available to the Bands to prove the status of the Bands as an Indian tribe. TITLE II--MEMBERSHIP; JURISDICTION; LAND SEC. 201. RECOGNITION. Not later than November 30, 2007, if subsection (a)(2) or (b)(2) of section 103 applies, the Secretary shall-- (1) recognize the Tribe; and (2) publish notice of the recognition by the Secretary in the Federal Register. SEC. 202. MEMBERSHIP. (a) List of Present Membership.--Not later than 120 days after the date of recognition, the Tribe shall submit to the Secretary a list of all individuals that were members of the Tribe on the date of recognition. (b) List of Individuals Eligible for Membership.-- (1) In general.--Not later than the date that is 18 months after the date of recognition, the Tribe shall submit to the Secretary a membership roll listing all individuals enrolled for membership in the Tribe. (2) Qualifications.--The qualifications for inclusion on the membership roll of the Tribe shall be determined by the Tribe, in consultation with the Secretary, based on the membership clause in the governing document of the Tribe. (3) Publication of notice.--On receiving the membership roll under paragraph (1), the Secretary shall publish notice of the membership roll in the Federal Register. (c) Maintenance of Rolls.--The Tribe shall ensure that the membership roll of the Tribe is maintained. SEC. 203. FEDERAL SERVICES AND BENEFITS. (a) In General.--Not later than October 31, 2007, the Tribe and each member of the Tribe shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as Indians without regard to-- (1) the existence of a reservation; or (2) the location of the residence of a member on or near an Indian reservation. (b) Jurisdiction.-- (1) In general.--Subject to paragraph (2), for the purpose of delivering a Federal service to an enrolled member of the Tribe, the jurisdiction of the Tribe extends to-- (A) all land and water designated to the Ottawa in the treaties described in subparagraphs (A) and (B) of section 102(a)(1); and (B) all land and water described in any other treaty that provides for a right of the Tribe. (2) Effect of federal law.--Notwithstanding paragraph (1), the jurisdiction of the Tribe shall be consistent with Federal law. SEC. 204. RIGHTS OF THE TRIBE. (a) Abrogated and Diminished Rights.--Any right or privilege of the Tribe or any member of the Tribe that was abrogated or diminished before the date of recognition under section 201 is reaffirmed. (b) Existing Rights of Tribe.-- (1) In general.--This Act does not diminish any right or privilege of the Tribe or any member of the Tribe that existed prior to the date of recognition. (2) Legal and equitable claims.--Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by or granted to the Tribe that was wrongfully denied to or taken from the Tribe prior to the date of recognition. (c) Future Applications.--This Act does not address the merits of, or affect the right of the Tribe to submit, any future application regarding-- (1) placing land into trust; or (2) gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). SEC. 205. TRIBAL FUNDS. Notwithstanding section 110 of the Michigan Indian Land Claims Settlement Act (111 Stat. 2663), effective beginning on the date of enactment of this Act, any funds set aside by the Secretary for use by the Tribe shall be made available to the Tribe. SEC. 206. JURISDICTION OF TRUST LAND. (a) In General.--The Tribe shall have jurisdiction over all land taken into trust by the Secretary for the benefit of the Tribe, to the maximum extent allowed by law. (b) Service Area.--The Tribe shall have jurisdiction over all members of the Tribe that reside in the service area of the Tribe in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if the members resided on a reservation (as defined in that Act).

Grand River Bands of Ottawa Indians of Michigan Referral Act - Provides for an expedited review of the petition of the Grand River Bands of the Ottawa Indians of Michigan for recognition as a federal Indian tribe.

{"src": "billsum_train", "title": "A bill to expedite review of the Grand River Bands of Ottawa Indians of Michigan to secure a timely and just determination of whether the Bands are entitled to recognition as a Federal Indian tribe so that the Bands may receive eligible funds before the funds are no longer available."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Affordability and Equity Act of 2007''. SEC. 2. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) Repeal of Dollar Limitation; Increase in Phaseout Beginning Point.--Subsection (b) of section 221 of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended to read as follows: ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $100,000 ($200,000 in the case of a joint return), bears to ``(B) $15,000 ($30,000 in the case of a joint return). ``(3) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined-- ``(A) without regard to this section and sections 199, 222, 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, and 469.''. (b) Conforming Amendment.--Section 221(f)(1) of such Code is amended to read as follows: ``(1) In general.--In the case of a taxable year beginning after 2008, the $100,000 and $200,000 amounts in subsection (b) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES MADE PERMANENT. (a) Repeal of Termination.--Section 222 of the Internal Revenue Code of 1986 is amended by striking subsection (e). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. EDUCATION SAVINGS ACCOUNTS. (a) Increase in Allowable Contributions.-- (1) In general.--Clause (iii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``$5,000''. (2) Conforming amendment.--Section 4973(e)(1)(A) of such Code is amended by striking ``$2,000'' and inserting ``$5,000''. (b) Reports.--Subsection (h) of section 530 of such Code is amended by striking the period at the end of the last sentence and inserting ``, except that reports shall be so filed and furnished for any calendar year not later than June 30 of the following year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES IN THE CASE OF SCHOLARSHIPS AND TUITION REDUCTION PROGRAMS WITH RESPECT TO HIGHER EDUCATION. (a) In General.--Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 (defining qualified scholarship) is amended by inserting before the period at the end the following: ``or, in the case of enrollment or attendance at an eligible educational institution, for qualified higher education expenses.''. (b) Definitions.--Subsection (b) of section 117 of such Code is amended by adding at the end the following new paragraph: ``(3) Qualified higher education expenses; eligible educational institution.--The terms `qualified higher education expenses' and `eligible educational institution' have the meanings given such terms in section 529(e).''. (c) Tuition Reduction Programs.--Paragraph (5) of section 117(d) of such Code (relating to special rules for teaching and research assistants) is amended by striking ``shall be applied as if it did not contain the phrase `(below the graduate level)'.'' and inserting ``shall be applied-- ``(A) as if it did not contain the phrase `(below the graduate level)', and ``(B) by substituting `qualified higher education expenses' for `tuition' the second place it appears.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2007 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 6. EXPANSION OF EDUCATIONAL EXPENSES ALLOWED AS PART OF HOPE SCHOLARSHIP CREDIT. (a) Qualified Tuition and Related Expenses Expanded To Include Books, Supplies, and Equipment.--Paragraph (1) of section 25A(f) of the Internal Revenue Code of 1986 (defining qualified tuition and related expenses) is amended by adding at the end the following new subparagraph: ``(D) Additional expenses allowed for hope scholarship credit.--For purposes of the Hope Scholarship Credit, such term shall include fees, books, supplies, and equipment required for courses of instruction at the eligible educational institution.''. (b) Hope Scholarship Credit Not Reduced by Federal Pell Grants and Supplemental Educational Opportunity Grants.--Subsection (g) of section 25A of such Code (relating to special rules) is amended by adding at the end the following new paragraph: ``(8) Pell and seog grants.--For purposes of the Hope Scholarship Credit, paragraph (2) shall not apply to amounts paid for an individual as a Federal Pell Grant or a Federal supplemental educational opportunity grant under subparts 1 and 3, respectively, of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a and 1070b et seq., respectively).''. (c) Expanded Hope Expenses Not Subject to Information Reporting Requirements.--Subsection (e) of section 6050S of such Code (relating to definitions) is amended by striking ``subsection (g)(2)'' and inserting ``subsections (f)(1)(D) and (g)(2)''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2007 (in tax years ending after such date), for education furnished in academic periods beginning after such date. SEC. 7. REPEAL OF EGTRRA SUNSET APPLICABILITY TO CERTAIN EDUCATION PROVISIONS. Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to subtitles A, B, and D of title IV of such Act.

Higher Education Affordability and Equity Act of 2007 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by revising the modified adjusted gross income phaseout for such deduction; (2) make the tax deduction for qualified tuition and related expenses permanent; (3) increase from $2,000 to $5,000 the maximum allowable contribution to a Coverdell savings account; (4) exclude from gross income amounts received for qualified higher education expenses (e.g., books, supplies, room, board, and special needs services); and (5) allow certain additional expenses (e.g., fees, books, supplies, and equipment) for purposes of the Hope Scholarship Tax Credit and provide that such tax credit shall not be reduced by Federal Pell Grants and Supplemental Educational Opportunity (SEOG) Grants. Repeals the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to title IV, subtitles A, B, and D (Affordable Education Provisions) of such Act.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand incentives for education."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Balkan Economic Partnership Act''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--The purpose of this Act is to support economic opportunity and political progress in Bosnia and Herzegovina through the creation of an enterprise fund that will provide financial investment and technical assistance to small and medium-sized enterprises. (b) Findings.--Congress makes the following findings: (1) The United States has a strong interest in ensuring the gains in stability and reconciliation made since the end of the Bosnian War in 1995 are not overtaken by difficult economic conditions. (2) In 2014, protests broke out across Bosnia and Herzegovina as a result of widespread frustration among the populace regarding the economy, which is currently experiencing an unemployment rate of more than 40 percent. (3)(A) A crucial element for economic progress in Bosnia and Herzegovina is robust growth among small and medium-sized enterprises (SMEs), which have struggled to access necessary financing. (B) Although the private sector credit-to-GDP ratio in Bosnia and Herzegovina grew from 25 percent in 2001 to over 65 percent in 2008, it has failed to grow in the years since, and is significantly less than the average for advanced economies. (C) Bank lending, which grew similarly rapidly before 2008, has grown barely more than 1 percent per year since then. (D) International financial institutions and foreign-owned private investment funds active in Bosnia and Herzegovina have provided growth finance for larger companies and infrastructure project financing, but have not substantially invested in SMEs. (4)(A) Bosnia and Herzegovina's demographic, income and geographic characteristics are promising for SME growth. (B) Bosnia and Herzegovina is a market of almost 4,000,000 people, whose per capita income has grown by almost 50 percent in less than a decade, and substantial growth remains in order to achieve income parity with its Balkan neighbor economies. (C) Bosnia and Herzegovina currently imports almost $10,000,000,000 of goods per year, a substantial portion of which could be substituted for by domestic SME production. (5) To help foster and support the fledgling private sector in Central and Eastern Europe after the fall of the Berlin Wall, Congress, through enactment of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.) and the FREEDOM Support Act (22 U.S.C. 5801 et seq.), authorized nearly $1,200,000,000 for the United States Agency for International Development (USAID) to establish 10 new investment funds (collectively known as the ``Enterprise Funds'') to both support economic development objectives and realize substantial financial returns. (6) The Enterprise Funds-- (A) channeled approximately $10,000,000,000 of public and private funding into more than 500 enterprises in 19 countries; (B) leveraged $6,900,000,000 in private investment capital from outside the United States Government; (C) provided substantial development capital where supply was limited; (D) created or sustained more than 300,000 jobs through investment and development activities; (E) funded $80,000,000 in technical assistance to strengthen the private sector; and (F) are expected to recoup 177 percent of the original USAID funding. (7) Enterprise funds established in partnership with United States partners, such as Poland, Hungary, Albania, Russia, and other European countries, have proven beneficial to the economies of such countries. (8) Creating a similar fund in close partnership with the people of Bosnia and Herzegovina would help sustain and expand economic reform efforts in Bosnia and Herzegovina and empower entrepreneurs to create urgently needed employment opportunities. (9) Establishing an enterprise fund for Bosnia and Herzegovina would-- (A) help improve financial institutions within the country; (B) provide debt, equity, and other investment vehicles for commercially viable SMEs; and (C) make the investment environment more attractive to domestic and international investors. SEC. 3. PURPOSES OF BOSNIA AND HERZEGOVINA-AMERICAN ENTERPRISE FUND. (a) In General.--The purpose of the Bosnia and Herzegovina-American Enterprise Fund is to promote more widely shared prosperity through private sector development and the policies and practices conducive thereto in Bosnia and Herzegovina, including through loans, microloans, equity investments, insurance, guarantees, grants, feasibility studies, technical assistance, capacity building of investees and other relevant organizations, joint ventures, and other measures. (b) Promotion of Private Sector Development.--The Bosnia and Herzegovina-American Enterprise Fund shall promote private sector development through-- (1) the initiation and expansion of employment and profitability of private enterprises, particularly small and medium-sized enterprises; (2) the modeling, promotion, and dissemination of sound corporate governance and law-abiding Western business practices; (3) the promotion of policy reforms to improve the business enabling environment and facilitate foreign and domestic investment; and (4) the demonstration that private sector investment can be undertaken profitably. SEC. 4. BOSNIA AND HERZEGOVINA-AMERICAN ENTERPRISE FUND. (a) Designation.--The President is authorized to designate a private, nonprofit organization (to be known as the Bosnia and Herzegovina-American Enterprise Fund) to receive funds made available under this Act for the purposes specified in section 3. (b) Board of Directors.-- (1) Appointment.--The Bosnia and Herzegovina-American Enterprise Fund shall be governed by a Board of Directors, which shall be comprised of 7 private citizens of the United States appointed by the President of the United States in consultation with the Administrator of the United States Agency for International Development. The Board is authorized to elect up to 3 additional members who are citizens of Bosnia and Herzegovina if agreed to unanimously by all members of the Board. (2) Qualifications.-- (A) Business experience.--Four members of the Board of Directors shall be selected from among people who have had successful business careers and demonstrated experience and expertise in international and particularly emerging markets investment activities, such as private equity or venture capital investment, banking, finance, strategic business consulting, or entrepreneurial business creation, and backgrounds in priority business sectors of the Fund. (B) Development experience.--Three members of the Board of Directors shall be selected from among people with significant prior experience in development and an expert understanding of development priorities for Bosnia and Herzegovina. (3) United states government liaisons to the board.--The President shall appoint the United States Ambassador to Bosnia and Herzegovina, or the Ambassador's designee, as well as the Assistant Administrator of the United States Agency for International Development for Europe and Eurasia, or the Assistant Administrator's designee, as liaisons to the board. (c) Grants.-- (1) In general.--There is authorized to be appropriated for the Department of State for fiscal year 2018 $30,000,000-- (A) to carry out the purposes set forth in section 3 through the Bosnia and Herzegovina-American Enterprise Fund; and (B) to pay for the administrative expenses of the Bosnia and Herzegovina-American Enterprise Fund. (2) Compliance requirements.-- (A) In general.--Grants may not be awarded to the Bosnia and Herzegovina-American Enterprise Fund under this section unless the Fund agrees to comply with the requirements under this section. (B) Grant agreement.--The grant agreement between the United States Agency for International Development and the Bosnia and Herzegovina-American Enterprise Fund shall state that the Fund shall end its reinvestment cycle not later than December 31, 2033, unless the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, and after consultation with the appropriate congressional committees, determines that the Fund should be extended. (C) Prevention of money laundering and terrorist financing.--The grant agreement between the United States Agency for International Development and the Bosnia and Herzegovina-American Enterprise Fund shall state that the Fund shall comply with procedures specified by the Secretary of State to ensure that grant funds are not provided by the Fund to or through any individual, private or government entity, or educational institution that advocates, plans, sponsors, engages in, or has engaged in, money laundering or terrorist activity or, with respect to a private entity or educational institution, that has as a principal officer of the entity's governing board or governing board of trustees any individual that has been determined to be involved in or advocating money laundering or terrorist activity or determined to be a member of a designated foreign terrorist organization. (D) Disposition of assets.--The assets of the Bosnia and Herzegovina-American Enterprise Fund at the time the Fund is dissolved shall be returned to the General Fund of the United States Treasury and used to reduce the debt of the United States. (E) Authorization of legacy foundation.--In the event the assets of the Fund at the end of the reinvestment cycle specified in subparagraph (B) exceed the total amount appropriated or otherwise made available to the Fund by the United States Government, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, is authorized to direct any such excess funds to a foundation for activities consistent with the purposes specified in section 3. (d) Notification.-- (1) In general.--Not later than 15 days before designating an organization to operate as the Bosnia and Herzegovina- American Enterprise Fund pursuant to subsection (a), the President shall provide the information described in paragraph (2) to the Chairman and Ranking Member of the appropriate congressional committees. (2) Information.--The information described in this paragraph is-- (A) the identity of the organization to be designated to operate as the Bosnia and Herzegovina- American Enterprise Fund pursuant to subsection (a); (B) the name and qualifications of the individual who will serve as Chairman of the Board of Directors; and (C) the amount of the grant intended to fund the Bosnia and Herzegovina-American Enterprise Fund over the lifetime of the fund. SEC. 5. REPORTS. (a) Administrative Expenses.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter until the Fund is dissolved, the Fund shall submit to the appropriate congressional committees a report detailing the administrative expenses of the Fund, including any costs incurred by private firms hired to aid in the management of the fund. (b) GAO Report.-- (1) Initial report.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that examines-- (A) the status of the Fund's investments; (B) the Fund's progress in establishing key management structures to support its mission and operations; and (C) the extent to which the Fund has complied with requirements in the grant agreements. (2) Updates.--The Comptroller General shall, for the duration of the Fund and at the request of the appropriate congressional committees, provide an updated report on the Fund and any successor organization. (c) Independent Reports.--Not later than July 1, 2022, and July 1, 2030, the Administrator of the United States Agency for International Development shall commission a report, to be completed by an independent, third-party organization, evaluating the performance of the Bosnia and Herzegovina-American Enterprise Fund with respect to the purposes set forth in section 3. The report shall be made available to the appropriate congressional committees. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. SEC. 6. OPERATION PROVISIONS. (a) Applicable Provisions.--Subsections (d)(5), (g), (h), (i), (k), (l), (m), (n), (o), and (p) of section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) shall apply with respect to the Bosnia and Herzegovina-American Enterprise Fund in the same manner as such provisions apply to Enterprise Funds designated pursuant to subsection (d) of such section. (b) Reinvestment.--Returns on investments of the Bosnia and Herzegovina-American Enterprise Fund and other payments to the Fund may be reinvested by the Fund and used to fund noninvestment projects without further appropriation by Congress. SEC. 7. BEST PRACTICES AND PROCEDURES. To the maximum extent practicable, the Board of Directors of the Bosnia and Herzegovina-American Enterprise Fund should adopt the best practices and procedures used by Enterprise Funds, including those for which funding has been made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421).

Balkan Economic Partnership Act This bill authorizes the President to designate a private, nonprofit organization to be known as the Bosnia and Herzegovina-American Enterprise Fund to promote private sector development through: the initiation and expansion of employment and profitability of private enterprises; the modeling, promotion, and dissemination of sound corporate governance and law-abiding Western business practices; the promotion of policy reforms to improve the business enabling environment and facilitate foreign and domestic investment; and the demonstration that private sector investment can be undertaken profitably. The Board of Directors of the fund should adopt the best practices and procedures used by investment funds authorized for the U.S. Agency for International Development through enactment of the Support for East European Democracy (SEED) Act of 1989 and the FREEDOM Support Act.

{"src": "billsum_train", "title": "Balkan Economic Partnership Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multidistrict Litigation Restoration Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) under section 1407 of title 28, United States Code (enacted April 29, 1968), the Judicial Panel on Multidistrict Litigation (in this section referred to as the ``Judicial Panel''), a group of 7 Federal judges selected by the Chief Justice of the United States, assists in the centralization of civil actions which share common questions of fact filed in more than 1 Federal judicial district nationwide; (2) civil actions described under paragraph (1)-- (A) often arise from mass single-action torts that cause death and destruction in which the plaintiffs are from many different States; and (B) often involve issues of critical importance to the Nation, including information technology, intellectual property, antitrust, contracts, and products liability cases; (3) the Judicial Panel-- (A) identifies the 1 United States district court (referred to in this section as the ``transferee court'') best equipped at adjudicating pretrial matters; and (B) after pretrial, remands individual civil actions back to the district where the civil action was originally filed unless that action has been previously terminated; (4)(A) for approximately 3 decades, the transferee court often invoked a general venue statute that authorizes a district court to transfer a civil action in the interest of justice and for the convenience of the parties and witnesses; (B) in effect, the transferee court simply transferred all of the civil actions for trial to itself; and (C) this process worked well because the transferee court was well-versed in the facts and law of the centralized litigation and the court could assist all parties to settle when appropriate; (5) in 1998, the United States Supreme Court held that the plain language of section 1407 of title 28, United States Code, requires the Judicial Panel to remand all civil actions for trial back to the respective districts from which such actions were originally referred; (6) the absence of authority to transfer a centralized civil action for trial hampers the Judicial Panel and transferee judges in their ability to achieve the important goals of section 1407 of that title promoting the just and efficient conduct of multidistrict litigation; (7) the Judicial Panel has inherent rulemaking authority to promulgate procedural rules pertaining to multidistrict litigation which the Judicial Panel has already exercised to ensure that when a centralization occurs all civil actions of a similar nature then filed and all later civil actions that may be filed are sent to 1 district court; (8) Congress has statutorily conferred the Judicial Panel with rulemaking authority for the conduct of its business not inconsistent with the United States Constitution, Acts of Congress, and the Federal Rules of Civil Procedure; and (9) in civil actions in which punitive damages are to be imposed, individual courts, including transferee courts, must ensure that the measure of punishment is both reasonable and proportionate to the amount of harm to plaintiffs and to the amount of compensatory damages received. (b) Purpose.--The purpose of this Act is to improve the litigation system in the Nation to allow a Federal judge to whom a civil action is transferred under section 1407 of title 28, United States Code, to retain jurisdiction over certain civil actions for trial to determine liability and compensatory and punitive damages, if appropriate, in compliance with due process requirements. SEC. 3. MULTIDISTRICT LITIGATION. Section 1407 of title 28, United States Code, is amended-- (1) in the third sentence of subsection (a), by inserting ``or ordered transferred to the transferee or other district under subsection (i)'' after ``terminated''; and (2) by adding at the end the following: ``(i)(1) Subject to paragraph (2) and except as provided in subsection (j), any action transferred under this section by the panel may be transferred for trial purposes, by the judge or judges of the transferee district to whom the action was assigned, to the transferee or other district in the interest of justice and for the convenience of the parties and witnesses. ``(2) Any action transferred for trial purposes under paragraph (1) shall be remanded by the panel for the determination of compensatory damages to the district court from which it was transferred, unless the court to which the action has been transferred for trial purposes also finds, for the convenience of the parties and witnesses and in the interests of justice, that the action should be retained for the determination of compensatory damages.''. SEC. 4. TECHNICAL AMENDMENT TO MULTIPARTY, MULTIFORM TRIAL JURISDICTION ACT OF 2002. Section 1407 of title 28, United States Code, as amended by section 3 of this Act, is further amended by adding at the end the following: ``(j)(1) In actions transferred under this section when jurisdiction is or could have been based, in whole or in part, on section 1369 of this title, the transferee district court may, notwithstanding any other provision of this section, retain actions so transferred for the determination of liability and punitive damages. An action retained for the determination of liability shall be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages, other than punitive damages, unless the court finds, for the convenience of parties and witnesses and in the interest of justice, that the action should be retained for the determination of damages. ``(2) Any remand under paragraph (1) shall not be effective until 60 days after the transferee court has issued an order determining liability and has certified its intention to remand some or all of the transferred actions for the determination of damages. An appeal with respect to the liability determination and the choice of law determination of the transferee court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the transferee court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination and the choice of law determination shall not be subject to further review by appeal or otherwise. ``(3) An appeal with respect to determination of punitive damages by the transferee court may be taken, during the 60-day period beginning on the date the order making the determination is issued, to the court of appeals with jurisdiction over the transferee court. ``(4) Any decision under this subsection concerning remand for the determination of damages, other than punitive damages, shall not be reviewable by appeal or otherwise. ``(5) Nothing in this subsection shall restrict the authority of the transferee court to transfer or dismiss an action on the ground of inconvenient forum.''. SEC. 5. EFFECTIVE DATE. (a) Multidistrict Litigation.--The amendments made by section 3 shall apply to any civil action pending on or brought on or after the date of the enactment of this Act. (b) Technical Amendment.--The amendment made by section 4 shall be effective as if enacted in section 11020(b) of the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (Public Law 107-273; 116 Stat. 1826 et seq.).

Multidistrict Litigation Restoration Act of 2005 [sic] - Amends the federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Requires that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages, unless the court determines the same justification applies to retaining the action for damages determination. Authorizes the transferee court to retain actions transferred, for the determination of liability and punitive damages, when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (which grants district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location). Requires that an action retained for the determination of liability be remanded to the district court from which the action was transferred, or to the state court from which the action was removed, for the determination of damages, other than punitive damages, unless the court finds that the action should be retained for the determination of such damages for the convenience of parties and witnesses and in the interest of justice.

{"src": "billsum_train", "title": "A bill to amend title 28, United States Code, to allow a judge to whom a case is transferred to retain jurisdiction over certain multidistrict litigation cases for trial, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Removing Barriers to Adoption and Supporting Families Act of 2013''. SEC. 2. REAUTHORIZATION OF ADOPTION INCENTIVE PAYMENTS. (a) In General.--Section 473A of the Social Security Act (42 U.S.C. 673b) is amended-- (1) in subsection (b)(5), by striking ``2008 through 2012'' and inserting ``2013 through 2017''; and (2) in subsection (h)-- (A) in paragraph (1)(D), by striking ``2013'' and inserting ``2018''; and (B) in paragraph (2), by striking ``2013'' and inserting ``2018''. SEC. 3. ENCOURAGEMENT OF INTERSTATE ADOPTIONS. (a) Additional Incentive Payment for Sending and Receiving States of an Interstate Adoption.-- (1) In general.--Section 473A(d) of the Social Security Act (42 U.S.C. 673b(d)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``and (3)'' and inserting ``(3), and (4)''; (ii) in subparagraph (B), by striking ``and'' after the semicolon; (iii) in subparagraph (C), by inserting ``or'' after the semicolon; and (iv) by adding at the end the following: ``(D) subject to paragraph (4), $8,000 multiplied by the amount (if any) by which the number of interstate adoptions in the State during the fiscal year exceeds the base number of interstate adoptions for the State for the fiscal year.''; and (B) by adding at the end the following: ``(4) Sending and receiving states sharing of interstate adoption incentive payment.--The Secretary shall pay each State that was a receiving State for an interstate adoptive placement for a fiscal year, a pro rata share of the portion of the adoption incentive payment paid to the sending State for the fiscal year under this section that is attributable to the amount determined under paragraph (1)(D).''. (2) Conforming amendments.--Section 473A of such Act (42 U.S.C. 673b) is amended-- (A) in subsection (b)(2)-- (i) in subparagraph (B), by striking ``or'' after the semicolon; (ii) in subparagraph (C), by inserting ``or'' after the semicolon; and (iii) by adding at the end the following: ``(D) the number of interstate adoptions in the State during the fiscal year exceeds the base number of interstate adoptions for the State in the fiscal year;''; and (B) in subsection (g), by adding at the end the following: ``(9) Base number of interstate adoptions.--The term `base number of interstate adoptions for a State' means, with respect to any fiscal year, the number of interstate child adoptions in the State in fiscal year 2012. ``(10) Interstate adoptions.--The term `interstate adoptions' means the final adoption of a child who, at the time of adoptive placement out-of-State, was in foster care under the supervision of the State or for whom an adoption assistance agreement was in effect under section 473 with respect to the child. ``(11) Receiving state.--The term `receiving State' means the State in which the adoptive parents reside at the time of final adoption of a child from another State. ``(12) Sending state.--The term `sending State' means the State in which the child resided before being placed for an adoption in another State.''. (b) Requirement To Report Data on Interstate Adoptions.--Section 473A(c) of such Act (42 U.S.C. 673b(c)) is amended by adding at the end the following: ``(4) Determination of numbers of interstate adoptions based on state reporting of data.-- ``(A) In general.--A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary the following data with respect to the preceding fiscal year: ``(i) The total number of interstate adoptions completed by the State with respect to children in foster care under the responsibility of the State, and with respect to each such adoption the identity of the other State involved. ``(ii) The total number of adoptions completed by the State with respect to children who were in foster care under the responsibility of other States, and with respect to each such adoption, the identity of the other State involved. ``(iii) Such other information as the Secretary may require in order to determine whether the State is eligible for an adoption incentive payment under subsection (d)(1)(D) for the fiscal year. ``(B) Verification of data.--The Secretary shall verify the data submitted by a State under subparagraph (A).''. SEC. 4. NATIONAL STANDARDS FOR STATE HOME STUDIES. (a) National Standards for State Home Studies.--Section 476 of the Social Security Act (42 U.S.C. 676) is amended by adding at the end the following: ``(d) National Standards for State Home Studies.-- ``(1) In general.--Not later than 12 months after the date of enactment of this subsection, the Secretary shall develop national standards for home studies for use in evaluating potential foster and adoptive parents. In developing these standards, the Secretary shall consult with a working group composed of representatives of the adoption and foster care community, experts in the field of social work, State child welfare leaders and other qualified individuals. ``(2) Periodic review and updating.--The Secretary shall periodically review and update, as appropriate, the standards developed under this subsection.''. (b) Enhanced Matching Rate for States Adopting Home Study in Compliance With National Standards.--Section 474 of the Social Security Act (42 U.S.C. 674) is amended-- (1) in each of paragraphs (1) and (2) of subsection (a), by inserting ``subject to subsection (h),'' before ``an amount equal to the Federal''; and (2) by adding at the end the following: ``(h) The percentage applicable under paragraphs (1) and (2) of subsection (a) for amounts expended during a quarter by a State or the District of Columbia, or, in the case of an Indian tribe, tribal organization, or tribal consortium that has elected to operate a program under this part in accordance with section 479B, the tribal FMAP, referred to in such paragraphs, shall be increased by 5 percentage points for each quarter that begins on or after the effective date of an election by the State, District of Columbia, or Indian tribe, tribal organization, or tribal consortium operating a program under this part in accordance with section 479B, to use the home study standards developed under section 476(d).''. SEC. 5. LIMITING ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT AS A PERMANENCY OPTION. (a) Elimination of Option for Children Under Age 17.--Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)) is amended by inserting ``only if the child has attained age 17'' before ``(in cases where the State agency has documented''. (b) GAO Report on Use of Another Planned Permanent Living Arrangement Placements.--The Comptroller General of the United States shall conduct a study and submit a report to Congress regarding-- (1) the number of children in each State (as defined for purposes of parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.)) that are assigned a permanency goal of another planned permanent living arrangement for the most recent fiscal year for which data are available; (2) with respect to such fiscal years and on a State-by- State basis, the ages, gender, race, and special needs of children whose permanency goal is another planned permanent living arrangement; (3) a review and analysis of court practices for determining that another planned permanent living arrangement is the appropriate placement for a child; (4) information with respect to foster youths' involvement in deciding to enter into a permanency goal of another planned permanent living arrangement, including, but not limited to, how another planned permanent living arrangement is presented as an option to foster youth, how involved foster youth are in selecting the option, and what alternative options are offered instead of another planned permanent living arrangement; and (5) a summary of the reasons that reunification, adoption, kinship care, or guardianship were not found to be in the best interests of the child. SEC. 6. INCREASED FUNDING SUPPORT FOR POST-ADOPTION AND POST-PERMANENCY SERVICES. (a) Dedicated Use of Portion of Savings From Adoption Assistance De-Linkage for Post-Adoption and Post-Permanency Services.--Section 473(a)(8) of the Social Security Act (42 U.S.C. 673(a)(8)) is amended-- (1) by inserting ``(A)'' after ``(8)''; (2) by striking ``(including post-adoption services)''; (3) by striking ``, including on post-adoption services.'' and inserting ``. A State shall spend an amount equal to 20 percent of the amount of such savings to provide post-adoption and post-permanency services to children or families and shall document how such amounts are spent.''; and (4) by adding at the end the following: ``(B) The Secretary shall establish a formula for States to use to calculate the amount of savings in State expenditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year based on the State and Federal shares of expenditures for adoption assistance payments under this section as of fiscal year 2009.''. (b) Dedicated Uses of Promoting Safe and Stable Families Funds Including for Post-Adoption and Post-Permanency Services.--Section 432(a)(4) of the Social Security Act (42 U.S.C. 629b(a)(4)) is amended to read as follows: ``(4) contains assurances that not more than 10 percent of the expenditures under the plan for any fiscal year with respect to which the State is eligible for payment under section 434 for the fiscal year shall be for administrative costs, and 20 percent of remaining expenditures shall be for programs of family preservation services, 20 percent for community based family support services, 20 percent for time- limited family reunification services, 10 percent for adoption promotion, and 10 percent for post-adoption and post-permanency services;''. (c) Post-Adoption and Post-Permanency Services Defined.--Section 431(a) of the Social Security Act (42 U.S.C. 629a(a)) is amended by adding at the end the following: ``(10) Post-adoption and post-permanency services.--The term `post-adoption and post-permanency services' means services for children placed in adoptive, kinship, or guardianship placements and their families, and may include any or all of the following: ``(A) Individual counseling. ``(B) Group counseling. ``(C) Family counseling. ``(D) Case management. ``(E) Respite care. ``(F) Training of public adoption personnel, personnel of private child welfare and adoption agencies licensed by the State to provide adoption services, mental health services professionals, and other support personnel to provide services under this part and part E. ``(G) Assistance to adoptive parent organizations. ``(H) Assistance to support groups for adoptive parents, adopted children, and siblings of adopted children. ``(I) Rigorous evaluations of post-adoption and post-permanency services.''. SEC. 7. ENCOURAGING DEVELOPMENT OF ROBUST, COMPREHENSIVE PRACTICE MODELS OF ADOPTIONS FROM FOSTER CARE. (a) State Plan Amendment.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) in paragraph (32), by striking ``and'' after the semicolon; (2) in paragraph (33), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(34) provides that the State will engage in public- private partnerships to promote evidence-based child-focused recruitment practices that focus measurable attention on the adoption of children out of foster care with an emphasis on those children most at risk of aging out of care .''. (b) Technical Assistance.--The Secretary of Health and Human Services shall provide guidance and technical assistance to State child welfare agencies on the use of Federal funds available under section 474 (a)(3)(B) of the Social Security Act (42 U.S.C. 674(a)(3)(B)) for training for the implementation of intensive recruitment and child- focused strategies that have been shown to increase permanent placements for older youth in foster care. SEC. 8. ENCOURAGING PLACEMENT OF CHILDREN WITH SIBLINGS. (a) State Plan Amendment.--Section 471(a)(29) of the Social Security Act (42 U.S.C. 671(a)(29)) is amended by striking ``all adult grandparents'' and inserting ``notice to the following relatives: all adult grandparents, all parents of the child's siblings, where such parent has legal custody of such sibling,''. (b) Definition of Siblings.--Section 475 of the Social Security Act (42 U.S.C. 675) is amended by adding at the end the following: ``(9) The term `siblings' means individuals who satisfy at least one of the following conditions: ``(A) The individuals are considered by State law to be siblings. ``(B) The individuals would have been considered siblings under State law but for termination of parental rights or other disruption of parental rights, such as the death of a parent.''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made this Act shall take effect on October 1, 2013. (b) Delay Permitted if State Legislation Required.--In the case of a State plan approved under part B or E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. SEC. 10. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Removing Barriers to Adoption and Supporting Families Act of 2013 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to reauthorize the adoption incentive payment program through FY2018. Adds a new adoption incentive payment for states involved in sending and receiving interstate adoptions. Directs the Secretary of Health and Human Services (HHS) to pay each state that was a receiving state for an interstate adoptive placement for a fiscal year a pro rata share of the portion of the adoption incentive payment paid to the sending state. Requires a state to report to the Secretary data on interstate adoptions. Directs the Secretary to develop national standards for home studies for use in evaluating potential foster and adoptive parents. Establishes a matching rate for states adopting home study in compliance with national standards. Limits planned permanent living arrangements to children who have attained age 17. Directs the Comptroller General to study: (1) the number of children in each state that are assigned a permanency goal of another planned permanent living arrangement for the most recent fiscal year for which data are available; (2) the ages, gender, race, and special needs of children whose permanency goal is another planned permanent living arrangement; (3) a review and analysis of court practices for determining that another planned permanent living arrangement is the appropriate placement for a child; (4) information with respect to foster youths' involvement in deciding to enter into a permanency goal of another planned permanent living arrangement; and (5) a summary of the reasons that reunification, adoption, kinship care, or guardianship were not found to be in the best interests of the child. Requires a state to spend an amount equal to 20% of the amount of savings from adoption assistance de-linkage to provide post-adoption and post-permanency services to children and families. Requires the state foster care and adoption assistance plan to: (1) commit the state to engage in public-private partnerships to promote evidence-based child-focused recruitment practices that focus measurable attention on the adoption of children out of foster care with an emphasis on those children most at risk of aging out of care, and (2) encourage placement of children with siblings.

{"src": "billsum_train", "title": "Removing Barriers to Adoption and Supporting Families Act of 2013"}

SECTION 1. FINDINGS. Congress finds that-- (1) prices in the spot market for electric energy in the western energy market have consistently remained at levels that are multiples of energy prices prevailing before 2000; (2) the price increases began in California and spread throughout the western energy market; (3) the Federal Energy Regulatory Commission, in an order issued November 1, 2000, found that prices in California and the western energy market are unjust and unreasonable; and (4) the high and volatile prices for natural gas are reflected in the costs of producing electricity. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (2) Cost-of-service based rate.--The term ``cost-of-service based rate'' means a rate, charge, or classification for the sale of electric energy that is equal to-- (A) all the reasonable variable costs for producing the electric energy; (B) all the reasonable fixed costs for producing the electric energy; (C) a reasonable risk premium or return on invested capital; and (D) all other reasonable costs associated with the production, acquisition, conservation, and transmission of electric power. (3) Load-differentiated demand rate.--The term ``load- differentiated demand rate'' means a rate, charge, or classification for the sale of electric energy that reflects differences in the demand for electric energy during various times of day, months, seasons, or other time periods. (4) Public utility.--The term ``public utility'' has the meaning given the term in section 201 of the Federal Power Act (16 U.S.C. 824). (5) Western energy market.--The term ``western energy market'' means the area within the United States that is covered by the Western Systems Coordinating Council. SEC. 3. WHOLESALE ELECTRIC ENERGY RATES OF REGULATED ENTITIES IN THE WESTERN ENERGY MARKET. (a) Imposition of Wholesale Electric Energy Rates.--Not later than 60 days after the date of enactment of this Act, the Commission shall impose just and reasonable load-differentiated demand rates or cost-of- service based rates on sales by public utilities of electric energy at wholesale in the western energy market. (b) Limitations.-- (1) In general.--A load-differentiated demand rate or cost- of-service based rate shall not apply to a sale of electric energy at wholesale for delivery in a State that, after the date of enactment of this Act-- (A) prohibits the State public utility commission from approving the passing through to retail consumers of cost-of-service based rates or load-differentiated demand rates approved by the Commission; or (B) imposes a price limit on the sale of electric energy at retail that precludes a public utility (or any entity that is authorized to purchase electricity on behalf of a public utility or a State) from making a payment when due to any entity within the western energy market from which the public utility purchases electric energy for resale at retail within the western energy market. (2) No orders to sell without a reasonable assurance of payment.--Notwithstanding section 302 of the Natural Gas Policy Act of 1978 (15 U.S.C. 3362), section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)), or section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), neither the Secretary of Energy nor the Commission may issue an order that requires a seller of electric energy or natural gas to sell, on or after the date of enactment of this Act, electric energy or natural gas to a buyer in a State described in paragraph (1) unless there is a reasonable assurance that the Commission determines is sufficient to ensure that the seller will be paid-- (A) the full purchase price when due, as agreed to by the buyer and seller; or (B) if the buyer and seller are unable to agree on a price-- (i) a fair and equitable price for natural gas, as determined by the President under section 302 of the Natural Gas Policy Act of 1978 (15 U.S.C. 3362); or (ii) a just and reasonable price for electric energy, as determined by the Secretary of Energy or the Commission, as appropriate, under section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)). (3) Requirement to meet in-state demand.--Notwithstanding any other provision of law, a State public utility commission in the western energy market may prohibit any utility subject to the jurisdiction of the State public utility commission from making any sale of electric energy to a purchaser outside the service area of the utility at any time at which the State public utility commission has reason to believe that delivery of the electric energy would impair the ability of the utility to meet, at or after the time of the delivery, the demand for electric energy in the service area of the utility. (c) Authority of State Regulatory Authorities.--This section does not diminish or have any other effect on the authority of a State regulatory authority (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) to regulate rates and charges for the sale of electric energy to consumers, including the authority to determine the manner in which wholesale rates shall be passed through to consumers (including the setting of tiered pricing, real-time pricing, and baseline rates). (d) Repeal.--Effective March 1, 2003, this section is repealed, and any load-differentiated demand rate or cost-of-service based rate imposed under this section that is then in effect shall no longer be effective. SEC. 4. NATURAL GAS RATES. (a) Inapplicability of Waiver of Maximum Rate Ceiling Provision to Transportation of Natural Gas Into the State of California.--Effective beginning on the date of enactment of this Act, paragraph (i) of section 284.8 of title 18, Code of Federal Regulations, shall not apply to the transportation of natural gas into the State of California from outside the State. (b) Disclosure of Commodity Portion and Transportation Portion of Sale Price in Bundled Natural Gas Transactions.-- (1) Definition of bundled transaction.--In this subsection, the term ``bundled transaction'' means a transaction for the sale of natural gas in which the sale price includes both the cost of the natural gas and the cost of transporting the natural gas. (2) Disclosure.--Exercising authority under section 4 of the Natural Gas Act (15 U.S.C. 717c), not later than 60 days after the date of enactment of this Act, the Commission shall promulgate a regulation that requires any person that sells natural gas in a bundled transaction under which the natural gas is to be transported into the State of California from outside the State to file with the Commission, not later than a date specified by the Commission, a statement that discloses-- (A) the portion of the sale price that is attributable to the price paid by the seller for the natural gas; and (B) the portion of the sale price that is attributable to the price paid for transportation of the natural gas. SEC. 5. SENSE OF THE SENATE REGARDING THE BONNEVILLE POWER ADMINISTRATION. It is the sense of the Senate that the Bonneville Power Administration should-- (1) take steps to reduce its wholesale electric power purchase needs in the rate period beginning October 1, 2001; and (2) undertake other actions to minimize its potential wholesale electric rate increase due to take effect October 1, 2001. SEC. 6. EFFECT OF ACT. Nothing in this Act-- (1) affects any energy production that, as of the date of enactment of this Act, is not online and for which an application for a permit to produce electricity has not been filed; (2) affects any contract for the purchase of electric energy except a contract for a spot market purchase; or (3) prohibits a State or other entity from appearing in a Federal court in any instance in which it is alleged that the Commission is not enforcing the Federal Power Act (16 U.S.C. 791a et seq.).

Instructs the Federal Energy Regulatory Commission (FERC) to impose just and reasonable load-differentiated demand rates or cost-of-service based rates on sales by public utilities of electric energy at wholesale in the western energy market (the area covered by the Western Systems Coordinating Council).Authorizes a State public utility commission in such market to prohibit any utility under its jurisdiction from making any sale of electric energy to a purchaser outside the utility's service area if the commission believes that its delivery would impair the utility's ability to meet the demand for electric energy in its own service area.Instructs FERC to require a seller of natural gas to disclose the commodity portion and transportation portion of the sale price if it is sold in a bundled transaction under which it is to be transported into the State of California from outside the State.Expresses the sense of the Senate that the Bonneville Power Administration should: (1) take steps to reduce its wholesale electric power purchase needs in the rate period beginning October 1, 2001; and (2) undertake other actions to minimize its potential wholesale electric rate increase due to take effect October 1, 2001.

{"src": "billsum_train", "title": "A bill to direct the Federal Energy Regulatory Commission to impose just and reasonable load-differentiated demand rates or cost-of-service based rates on sales by public utilities of electric energy at wholesale in the western energy market, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Disaster Assistance Supplemental Appropriations Act for Fiscal Year 1996''. TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide emergency supplemental appropriations for fiscal year 1996: CHAPTER 1 DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES DEPARTMENT OF AGRICULTURE Farm Service Agency emergency conservation program For necessary expenses to carry into effect the program authorized in sections 401, 402, and 404 of title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201-2205) for expenses resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. Natural Resources Conservation Service watershed and flood prevention operations For an additional amount for ``Watershed and Flood Prevention Operations'' to repair damages to waterways and watersheds resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. If the Secretary of Agriculture determines that the cost of land and farm structures restoration exceeds the fair market value of an affected cropland, the Secretary may use sufficient amounts, not to exceed $25,000,000, from funds provided under this heading to accept bids from willing sellers to provide conservation easements for such cropland inundated by floods as provided for by the Wetlands Reserve Program, authorized by subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837). Rural Housing Service rural housing insurance fund program account For an additional amount for ``Rural Housing Insurance Fund Program Account'' for the additional cost of direct loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, to be available from funds in the rural housing insurance fund as follows: $25,000,000 for section 502 direct loans and $25,000,000 for section 504 housing repair loans, to remain available until expended. very low-income housing repair grants For an additional amount for ``Very Low-Income Housing Repair Grants'' to make housing repairs under section 504 of the Housing Act of 1949 required by damages resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. Rural Utilities Service rural utilities assistance program For an additional amount for the ``Rural Utilities Assistance Program'' for the cost of direct loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, to assist in the recovery from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. Such funds may be made available for emergency community water assistance grants as authorized by section 306B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926b). Commodity Credit Corporation For an additional amount for the ``Commodity Credit Corporation'' to cover 1996 crop losses resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. CHAPTER 2 DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES DEPARTMENT OF COMMERCE Economic Development Administration economic development assistance programs For an additional amount for ``Economic Development Assistance Programs'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. RELATED AGENCY Small Business Administration disaster loans program account For an additional amount for ``Disaster Loans Program Account'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $45,000,000 for the cost of direct loans and $5,000,000 for administrative expenses to carry out the disaster loan program, to remain available until expended. CHAPTER 3 ENERGY AND WATER DEVELOPMENT DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil operation and maintenance, general For an additional amount for ``Operation and Maintenance, General'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $37,500,000, to remain available until expended. flood control and coastal emergencies For an additional amount for ``Flood Control and Coastal Emergencies'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $37,500,000, to remain available until expended. CHAPTER 4 DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Planning and Development community development grants For an additional amount for ``Community Development Grants'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $125,000,000, to remain available until expended. INDEPENDENT AGENCY Federal Emergency Management Agencies disaster relief For an additional amount for ``Disaster Relief'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. TITLE II--GENERAL PROVISIONS SEC. 201. EMERGENCY DESIGNATION. The Congress hereby designates each amount provided for a program or activity in title I as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such program or activity that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 202. WAIVER OF CERTAIN RESTRICTIONS. (a) In General.--In administering funds provided in title I, the head of the department or agency involved may waive (or specify an alternative requirement for) any provision of any statute or regulation that the department or agency administers in connection with the obligation by the department or agency (or the use by any recipient) of such funds, upon a finding that such waiver or alternative requirement is necessary to facilitate the obligation and use of such funds and will not be inconsistent with the overall purpose of the statute or regulation. (b) Exceptions.--Subsection (a) shall not apply to any requirement relating to civil rights, fair housing and nondiscrimination, the environment, or labor standards.

TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations Title II: General Provisions Emergency Disaster Assistance Supplemental Appropriations Act for Fiscal Year 1996 - Title I: Emergency Supplemental Appropriations - Makes emergency supplemental appropriations for FY 1996 to provide relief from the damages caused by Hurricane Fran and other natural disasters of 1996. Chapter 1: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Makes such FY 1996 emergency supplemental appropriations to: (1) the Department of Agriculture, for the Farm Service Agency's emergency conservation program; (2) the Natural Resources Conservation Service, for watershed and flood prevention operations; (3) the Rural Housing Service, for Rural Housing Insurance Fund Program Account direct loans, and for very low-income housing repair grants; (4) the Rural Utilities Service, for the rural utilities assistance program; and (5) the Commodity Credit Corporation, for covering 1996 crop losses. Chapter 2: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Makes such FY 1996 emergency supplemental appropriations to: (1) the Department of Commerce, for the Economic Development Administration's economic development assistance programs; and (2) the Small Business Administration, for the Disaster Loans Program Account. Chapter 3: Energy and Water Development - Makes such FY 1996 emergency appropriations to the Department of Defense-Civil, Department of the Army, Corps of Engineers-Civil, for: (1) general operation and maintenance; and (2) flood control and coastal emergencies. Chapter 4: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Makes such FY 1996 emergency appropriations to: (1) the Department of Housing and Urban Development for community development grants; and (2) the Federal Emergency Management Agencies for disaster relief. Title II: General Provisions - Designates each amount provided for a program or activity in title I as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Makes such amount available only to the extent of a specific dollar amount for such program or activity that is: (1) included in an official budget request submitted by the President to the Congress; and (2) designated as an emergency requirement for all purposes of that Act. (Sec. 202) Authorizes Federal department or agency heads to waive certain restrictions in administering funds provided under title I.

{"src": "billsum_train", "title": "Emergency Disaster Assistance Supplemental Appropriations Act for Fiscal Year 1996"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Review Every Dollar Act of 2013''. TITLE I--FEDERAL PROGRAM SUNSET SEC. 101. LIMITATION ON REAUTHORIZATION OF FEDERAL PROGRAMS. (a) Enforcement.--(1) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, that reauthorizes any Federal program for a period of more than seven fiscal years. (2) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or any amendment thereto or conference report thereon, that establishes any new Federal program with an authorization of appropriations for a period of more than seven fiscal years. (b) Committee Review of Direct Spending Programs.--Not later than July 31 during the second session of each Congress, each standing committee of the House of Representatives and the Senate with legislative jurisdiction over any direct spending program shall apply the criteria set forth in section 102 to determine whether any such program should be modified, terminated, or reauthorized. SEC. 102. CRITERIA FOR REVIEW. Any committee of the House of Representatives or the Senate with jurisdiction over any program being reauthorized shall consider the following criteria in determining whether such program should be modified, terminated, or reauthorized: (1) The effectiveness and efficiency of the operation of the program. (2) Whether the program is cost effective. (3) Whether the original objectives of the program have been achieved. (4) Whether alternative methods exist to carry out the objectives of the program in a more cost effective manner. (5) The extent to which the program is duplicative or conflicts with other programs. (6) The potential benefits of consolidating this program with similar or duplicative programs. (7) The growth in cost per beneficiary or persons served by the program. (8) The extent to which any trends, developments, and emerging conditions may affect the problems or needs that the program is intended to address. (9) The extent it imposes mandates on State and local governments. (10) The extent it impedes sustainable economic growth. (11) The extent to which the program is a constitutionally authorized activity of the Government. TITLE II--DEFICIT REDUCTION ACCOUNTS SEC. 201. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT. (a) Discretionary Deficit Reduction Account.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``discretionary deficit reduction account ``Sec. 316. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each maintain an account to be known as the `deficit reduction discretionary account'. The Account shall be divided into entries corresponding to the subcommittees of the Committee on Appropriations of that House and each entry shall consist of the `deficit reduction balance'. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). ``(c) Crediting of Amounts to Account.-- ``(1) Whenever a Member of Congress offers an amendment to an appropriation bill to reduce new budget authority in any account or has the effect of reducing direct spending, that Member may state the portion of such reduction that shall be credited to-- ``(A) the deficit reduction balance; ``(B) used to offset an increase in new budget authority in any other account; or ``(C) allowed to remain within the applicable section 302(b) suballocation. ``(2) If no such statement is made, the amount of reduction in new budget authority resulting from the amendment shall be credited to the deficit reduction balance, as applicable, if the amendment is agreed to. ``(3) Except as provided by paragraph (4), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(4) When indicating the net amounts of reductions in new budget authority and outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to an appropriation bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members offering such amendments as amounts to be credited to the deficit reduction balance. ``(5) The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(d) Calculation of Savings in Deficit Reduction Accounts in the House of Representatives and Senate.-- ``(1) For the purposes of enforcing section 302(a), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the Committee on Appropriations as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed. ``(2) For purposes of enforcing section 302(b), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the 302(b) allocation provided to the subcommittee for the bill just engrossed shall be deemed to have been reduced by the amount of budget authority and outlays calculated, pursuant to subsection (c)(3). ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations.''. SEC. 202. ESTABLISHMENT OF DIRECT SPENDING REDUCTION ACCOUNT. Title III of the Congressional Budget Act of 1974 (as amended by section 201) is further amended by adding at the end the following new section: ``direct spending deficit reduction account ``Sec. 317. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the `deficit reduction direct spending account'. The account shall be divided into entries corresponding to the House of Representatives or Senate committees, as applicable, that received allocations under section 302(a) in the most recently adopted concurrent resolution on the budget, except that it shall not include the Committee on Appropriations of that House and each entry shall consist of the `first-year deficit reduction account' and the `five-year deficit reduction account' or the period covered by the resolution on the budget for that fiscal year, as applicable. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Calculation of Account Savings in House and Senate.--For the purposes of enforcing section 302(a), upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (d)(3) shall be counted against the 302(a) allocation provided to the applicable committee or committees of that House which reported the bill as if the amount calculated pursuant to subsection (d)(3) was included in the bill just engrossed. ``(d) Crediting of Amounts to Account.--(1) Whenever a Member or Senator, as the case may be, offers an amendment to a bill that reduces the amount of budget authority for direct spending provided either under current law or proposed to be provided by the bill under consideration, that Member or Senator may state the portion of such reduction achieved in the first year covered by the most recently adopted concurrent resolution on the budget and in addition the portion of such reduction achieved in the first ten years covered by the most recently adopted concurrent resolution on the budget that shall be credited to the first-year deficit reduction balance and the five-year deficit reduction balance, as applicable, if the amendment is agreed to. ``(2) Except as provided by paragraph (3), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(3) When computing the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to a bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members or Senators offering such amendments as amounts to be credited to the first year deficit reduction balance and the five-year deficit reduction balance. ``(4) The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations.''. SEC. 203. CONFORMING AMENDMENT. The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 321 the following new items: ``Sec. 316. Discretionary deficit reduction account. ``Sec. 317. Direct spending deficit reduction account.''. TITLE III--GENERAL FUND TRANSFERS SEC. 301. BUDGET RULE RELATING TO TRANSFERS FROM THE GENERAL FUND OF THE TREASURY TO THE HIGHWAY TRUST FUND THAT INCREASE PUBLIC INDEBTEDNESS. For purposes of the Congressional Budget Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, the Rules of the House of Representatives, or the Standing Rules of the Senate, a bill or joint resolution, or an amendment thereto or conference report thereon, or any Act that transfers funds from the general fund of the Treasury to the Highway Trust Fund shall be counted as new budget authority and outlays equal to the amount of the transfer in the fiscal year the transfer occurs. TITLE IV--BUDGETING FOR ADMINISTRATIVE ACTIONS SEC. 501. REVIEW OF RULES REQUIRING NEW BUDGET AUTHORITY. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following: ``Sec. 559a. Review of rules requiring new budget authority ``(a) In General.--A rule made to carry out a direct spending program that would require new budget authority of not less than $100,000,000 for the fiscal year the rule takes effect or for any of the 9 fiscal years immediately succeeding that fiscal year may not take effect, except as provided in subsection (d). ``(b) Review by Office of Management and Budget of Proposed Rules.--Before the effective date of any rule, the Director of the Office of Management and Budget shall review the rule to determine if the rule is a rule described in subsection (a). If the Director determines that the rule is such a rule-- ``(1) the Director shall notify the agency making the rule-- ``(A) of that determination; and ``(B) the amount of the estimated new budget authority that the rule would require for the fiscal year in which the rule would take effect and the 9 fiscal years immediately succeeding that fiscal year; and ``(2) the agency may not undertake any further action pertaining to such rulemaking. ``(c) Periodic Review of Rules.--Beginning on the date that is one year after the date on which any rule takes effect, and annually thereafter, the Director of the Office of Management and Budget may make a determination as to whether the rule is a rule described in subsection (a). For purposes of this determination, the fiscal year the rule takes effect shall be deemed to be the fiscal year in which the Director makes the determination. If the Director determines that the rule is such a rule, the agency that issued the rule shall provide for a transition period of such length as the Director, in consultation with the agency, determines appropriate. At the end of that transition period, the rule shall cease to have effect. ``(d) Exceptions.--Notwithstanding any other provision of this section, a rule described in subsection (a) shall take effect or continue in effect-- ``(1) if the President submits written notice to the Congress that the President has determined that the rule should take effect or continue in effect because such rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement; or ``(2) when the new budget authority to carry out the rule is provided by law. ``(e) Treatment of Substantially Similar Rules.--A rule that does not take effect (or does not continue in effect) under this section may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date that the rule fails to take effect or fails to continue in effect. ``(f) Judicial Review.--Any determination under this section shall be subject to review under chapter 7 of this title. ``(g) Definitions.--The terms `new budget authority' and `direct spending' have the meanings given such terms under section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900). ``(h) Applicability.--This section shall apply only to rules for which the rulemakings are commenced after the date of enactment of the Review Every Dollar Act of 2013.''. (b) Cost of Projected Administrative Regulations.--Section 1105(a) of title 31, United States Code, is amended-- (1) by redesignating the second paragraph (37) as paragraph (39); and (2) by adding at the end the following new paragraph: ``(40) a separate statement of the cost of administrative rules that are projected to take effect during the fiscal year for which the budget is submitted.''. (c) Clerical Amendment.--The table of sections for chapter 5 of title 5, United States Code is amended by inserting after the item relating to section 559 the following new item: ``559a. Review of rules requiring new budget authority.''.

Review Every Dollar Act of 2013 - Makes it out of order in both chambers to consider any bill, joint resolution, or other measure that: (1) reauthorizes any federal program for more than seven fiscal years, or (2) establishes a new federal program that exceeds such period. Requires each standing congressional committee with legislative jurisdiction over any direct spending program by July 31 during the second session of each Congress to apply specified criteria to determine whether any such program should be modified, terminated, or reauthorized. Amends the Congressional Budget Act of 1974 to require each of the chairs of the congressional budget committees to maintain a deficit reduction discretionary account and a deficit reduction direct spending account. Prescribes procedures for the crediting to such accounts of the amounts of either discretionary or direct spending deficit reduction in any amendment to a bill that reduces the appropriate budget authority. Requires any measure or Act that transfers funds from the general fund of the Treasury to the Highway Trust Fund to be counted as new budget authority and outlays equal to the amount of the transfer in the fiscal year in which it occurs. Prohibits from taking effect, except according to a specified procedure, any rule made to carry out a direct spending program that would require new budget authority of at least $100 million for the fiscal year it takes effect or for any of the nine ensuing fiscal years. Limits exceptions to this prohibition to rules necessary: (1) because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, or for national security; or (2) to implement an international trade agreement. Requires also for such an exception that the new budget authority to carry it out is provided by law. Requires the Director of the Office of Management and Budget (OMB) to: (1) review proposed rules requiring new budget authority before their effective dates, and (2) take specified administrative steps to prevent further agency action pertaining to such rulemaking.

{"src": "billsum_train", "title": "Review Every Dollar Act of 2013"}

SECTION 1. RECONSULTATION ON CENTRAL VALLEY PROJECT AND THE CALIFORNIA STATE WATER PROJECT. (a) Findings and Purpose.-- (1) Findings.--The Congress finds and declares the following: (A) The United States owns and operates the California Central Valley Project (CVP), originally federally authorized under the Emergency Relief Appropriation Act of 1935 (49 Stat. 115), and reauthorized multiple times since-- (i) to provide for improved navigation, flow regulation and flood control, storage and delivery of water, hydropower production, construction of distribution systems to deliver water for the reclamation of arid and semiarid lands; (ii) to protect, restore, and enhance fish, wildlife and associated habitats; and (iii) to provide other beneficial uses. (B) The State of California owns and operates the California State Water Project (SWP), the Nation's largest State-built water and power development and conveyance system, which was authorized in 1960 by a State referendum known as the Burns-Porter Act to provide for water storage and delivery, hydropower generation, flood control, recreation, water quality, fish and wildlife enhancement, and other beneficial uses. (C) California is the world's 8th largest economy and accounts for 13 percent of the Nation's economic output. Water conveyed from northern to southern California through the Bay Delta supports 25 percent of the State's economy, is a source of drinking water for over 22 million people, irrigates nearly 50 percent of the Nation's fruits and vegetables, and supplies numerous wildlife management and ecosystem restoration projects. (D) Several species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and potentially affected by the continued operation of the CVP and SWP are experiencing historic or near-historic- recorded low population levels. (E) A number of scientific investigations have been initiated by State, Federal, and local agencies, academia, and private interests to identify the causes of these declines and recorded low population levels. The vast majority of these studies have concluded that these species are being impacted by a multitude of environmental factors including predation, competition from invasive species, entrainment by public and private water diversions, legal and illegal harvest, contamination emanating from urban and industrial wastewater discharges, agricultural and urban runoff, ocean conditions, and other environmental consequences associated with climate change. (F) Operations of the CVP and SWP are coordinated to a large degree by the Coordinated Operations Agreement between the United States and State of California and implemented by Congress in 1986 (Public Law 99-546). (G) The existing and proposed operations of the CVP and SWP are subject to consultation with the Unites States Fish & Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) under section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)). The current biological opinions were prepared separately, under direction by the United States District Court for the Eastern District of California, and issued December 2008 and June 2009, respectively. (H) The Central Valley Project Improvement Act of 1992 (Public Law 102-575) re-allocated on average over 1.6 million acre-feet of water annually away from water users for environmental restoration, disproportionately impacting rural, agricultural communities in the San Joaquin Valley. (I) The 2008 FWS and 2009 NMFS biological opinions are projected to result in an additional 1,200,000 acre-feet of reductions annually, combined, on average. (J) The State of California has been hard hit by three critically dry years. Coupled with an economic downturn, severely restricted water supply deliveries from the CVP and SWP to water service users has resulted in San Joaquin Valley cities and farm communities suffering unemployment numbers upwards of 30 to 40 percent, with tens of thousands of jobs lost, hundreds of thousands of acres fallowed, and other environmental consequences. (K) The current 2008 FWS and 2009 NMFS biological opinions consider complex actions taking place in highly altered environments but do not analyze the relative impact of any other environmental factors affecting the survival or recovery of the listed species, though they do acknowledge that conditions and activities not within the control of the CVP and SWP are likely to place substantial stress upon them. Further, as the 2008 FWS and 2009 NMFS biological opinions were developed separate of one another, there exist potential conflicts between them that may adversely impact one listed species in an attempt to protect another. (2) Purpose.--The purpose of this section is to resolve these potential conflicts and to address the full range of environmental factors that are likely jeopardizing the continued existence or recovery of the listed species or resulting in the destruction or adverse modification of their critical habitat. (b) Reconsultation Required.-- (1) In general.--Within 90 days after the date of enactment of this Act, the Commissioner of the Bureau of Reclamation shall initiate consultation with the Secretary of the Interior and the Secretary of Commerce regarding the existing and proposed operations of the Central Valley Project and the California State Water Project, including as described in the Operations Criteria and Plan for the Central Valley Project, California, under section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)). (2) Covered species.--The consultation shall include all species listed under section 4(c) of such Act (16 U.S.C. 1533(c)) and all candidate species (as that term is used in that Act) that are or will be affected by such proposed operations. (3) Analysis of factors.--In conducting the consultation required by this subsection, the Secretary of the Interior and the Secretary of Commerce shall each-- (A) identify, analyze, and describe all factors affecting the survival and recovery of the species referred to in paragraph (2), other than operations of the Central Valley Project and the California State Water Project, including-- (i) municipal wastewater discharges; (ii) urban and agricultural runoff; (iii) industrial discharges; (iv) major power plant water diversions and discharges; (v) private water diversions within the Sacramento-San Joaquin River Delta; and (vi) predation by invasive species, including striped bass; (B) identify, analyze, and describe the effect of invasive species and wastewater discharges on food availability on the survival and recovery of the species referred to in paragraph (2), including changes in the composition or availability of prey; changes in climate; and alterations in the species' critical habitat; (C) identify, analyze, and to the greatest extent practicable quantify the relative effect of each factor affecting the survival and recovery of the subject species; (D) rank each such factor in the order of its relative effect on the likelihood of the survival and recovery of the species referred to in paragraph (2); and (E) identify the specific, additional incremental effect of existing and proposed discretionary operations of the Central Valley Project and California State Water Project on the survival and recovery of the species referred to in paragraph (2), in relation to all other factors affecting such survival and recovery. (c) Biological Opinion.-- (1) In general.--The Secretary of the Interior and the Secretary of Commerce shall issue a statement under section 7(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(3)) with respect to the existing and proposed operations that are the subject of the consultation under subsection (b) of this section. (2) Reasonable and prudent alternatives.--If the Secretary of the Interior and the Secretary of Commerce include in the statement reasonable and prudent alternatives to discretionary project operations, they shall-- (A) specify and specifically describe in the statement the increased species abundance they estimate will result from such alternatives; and (B) limit the measures required by the reasonable and prudent alternative to no more than the proportionate effects of those discretionary project operations in relation to the factors referred to in subsection (b)(3)(A) affecting the species referred to in subsection (b)(2). (3) Other actions or measures.--The Secretary of the Interior and the Secretary of Commerce shall identify and recommend in the statement actions or measures that are not within the jurisdiction of the Bureau of Reclamation, but are necessary to address any factors referred to in subsection (b)(3)(A) that are jeopardizing the species referred to in subsection (b)(2) or adversely modifying their critical habitat. (d) Deadline for Completion.-- (1) In general.--The Commissioner and each such Secretary shall conclude consultation under subsection (b) and issue a statement under subsection (c) by the end of the 90-day period on which the consultation under subsection (b) is initiated by the Commissioner. (2) No extension.--Notwithstanding any other law, including paragraphs (1) and (2) of section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)), the period under paragraph (1) may not be extended. (e) Citizen Suits.--For purposes of section 11(g) of the of the Endangered Species Act of 1973 (16 U.S.C. 1540(g)), this section is deemed to be a provision of that Act. (f) Other Consultation and Biological Opinion Not Effective.--Any consultation conducted or statement issued before the date of enactment of this Act under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to the existing and proposed operations referred to in subsection (b)(1) shall have no force or effect after the date of the issuance of the statement under this section.

Requires the Commissioner of the Bureau of Reclamation to initiate (and conclude within 90 days) consultation with the Secretary of the Interior and the Secretary of Commerce on the existing and proposed operations of the Central Valley Project and the California State Water Project, including regarding all endangered, threatened, and candidate species listed under the Endangered Species Act affected by such proposed operations. Requires the Secretaries to: (1) identify, analyze, and describe all factors, other than operations of the Projects, affecting the survival and recovery of such species and the effect of invasive species and wastewater discharges on food availability on the survival and recovery of such species; (2) quantify the relative effect of each factor affecting the survival and recovery of the subject species; (3) rank each such factor in the order of its effect on the likelihood of the survival and recovery of the species; and (4) identify the specific, additional incremental effect of existing and proposed discretionary operations of the Projects on the survival and recovery of the species in relation to all other factors affecting such survival and recovery. Requires the Secretaries: (1) to issue a statement setting forth their opinion detailing how existing and proposed operations of such Projects affect such species or their critical habitat; (2) if they include in the statement reasonable and prudent alternatives to discretionary project operations, to describe the increased species abundance they estimate will result from such alternatives and limit the measures required by the alternatives to no more than the proportionate effects of those discretionary project operations in relation to the factors affecting the species; and (3) to identity and recommend actions or measures that are not within the jurisdiction of the Bureau but are necessary to address any factors that are jeopardizing such species or adversely modifying their critical habitat. Declares that any consultation conducted or statement issued before this Act's enactment with respect to the existing and proposed operations shall have no force or effect after the statement is issued under this Act.

{"src": "billsum_train", "title": "To direct the Commissioner of the Bureau of Reclamation to initiate consultations under the Endangered Species Act of 1973 on the Central Valley Project and the California State Water Project, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Safeguard Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) men's and boys' wool suits (of United States category 443), sport coats (of United States category 433) and slacks (of United States category 447) (collectively, ``tailored wool apparel'') from Canada are being imported into the United States in such increased quantities as to cause serious damage to the domestic tailored wool apparel industry; (2) the provision of safeguard procedures in international trade agreements to deal with surges of injurious imports has been a fundamental policy of the United States Government for over sixty years; (3) in a departure from this fundamental policy, the North American Free Trade Agreement (``NAFTA'') deprives United States tailored wool apparel manufacturers and their workers of any remedy to address surges of injurious imports from Canada, while all other United States, Canadian, and Mexican industries and their workers can seek some form of safeguard from injurious import surges under NAFTA; (4) United States tailored wool apparel manufacturers and their workers should be provided an appropriate safeguard like all other United States industries and their workers; (5) since 1988, United States production of men's and boys' wool suits has declined by over 40 percent and employment in the industry declined by nearly 50 percent; (6) four major and numerous smaller United States producers of tailored wool apparel recently went out of business, announced their intention to go out of business, or declared bankruptcy; (7) plants in States such as Alabama, Delaware, Florida, Georgia, Maryland, Massachusetts, New York, Pennsylvania, Tennessee, West Virginia and Virginia have either been closed or are laying off workers; (8) the surging tailored wool apparel imports are assembled in Canada from fabric produced in Italy, Korea, Turkey and other countries and exported at a preferential rate of duty under a program known as a Tariff Preference Level (TPL) for nonoriginating goods that was first established as a tariff preference in the United States-Canada Free Trade Agreement (``CFTA'') for Canadian exports of wool apparel items; (9) the tariff preference was designed for a limited purpose--to ensure that Canadian producers of wool apparel traditionally exported to the United States (which included only a small amount of tailored wool apparel) had access to an adequate supply of wool fabric, not for the wholesale circumvention of the rule of origin contained in the agreement; (10) high-quality wool fabrics are readily available to apparel producers in Canada in sufficient quantities from Canadian and United States producers; (11) in recognition of the tariff preference's short supply purpose, the CFTA provided for monitoring of wool apparel imports ``with a view to adjusting the annual quality limitations at the request of either Party based on the ability of apparel producers to obtain supplies of particular fabrics originating within the territories of the Parties''; (12) the CFTA also required renegotiation of the tariff preference before January 1, 1998, ``to reflect current conditions in the textile and apparel industries located within the territories of the Parties, including the ability of such apparel producers to obtain supplies of particular fabrics originating within the territories of the Parties''; (13) the NAFTA deleted the CFTA's monitoring and renegotiation provisions and excluded tailored wool apparel from the safeguard mechanisms established to deal with surges of injurious imports; (14) prior to implementation of the CFTA, Canada accounted for no more than 5 percent of United States imports of men's and boys' wool suits; by 1995, as a result of the TPL, Canada had become the largest exporter of men's and boys' wool suits to the United States, accounting for 24 percent of imports; (15) since 1988, imports of men's and boys' wool suits from Canada have increased over 1,000 percent (i.e., from 100,000 units in 1988 to over 1.1 million units in 1995); (16) the imports from Canada, made of fabric that is not of North American origin, have also harmed United States wool fabric, yarn, and fiber producers and their workers in states such as Georgia, Maine, Massachusetts, New Hampshire, North Carolina, Oregon, Pennsylvania, Rhode Island, West Virginia, South Carolina, and Virginia; (17) the Congress never intended for the NAFTA to result in such serious injury to United States tailored wool apparel manufacturers and their workers and for the NAFTA to single out that United States industry and its workers by denying them access to an adequate and effective safeguard; and (18) the following safeguard proposals are intended to rectify these oversights. SEC. 3. PHASED SAFEGUARDS MEASURES. (a) Revision in Sub-Limits.--Notwithstanding any other provision of law, not more than 50 percent of the total square meter equivalents of wool apparel assembled in Canada and eligible for preferential duty treatment under Appendix 6.B.1 to Annex 300-B of the North American Free Trade Agreement (``the Appendix'') and entered, or withdrawn from warehouse, for consumption during any year shall be tailored wool apparel and not more than 50 percent of such sublimit shall be men's and boys' wool suits of United States category 443, or men's and boys' wool sport coats of category 433, or men's and boys' wool slacks of category 447, respectively. (b) Duty Snap-Back.--Notwithstanding any other provision of law, tailored wool apparel assembled in Canada and eligible for preferential duty treatment under the Appendix shall be subject to duty at the nondiscriminatory (most-favored-nation) rate in effect at the time of entry. (c) Effective Dates.-- (1) November 1, 1996.--Subsection (a) shall apply to merchandise entered, or withdrawn from warehouse, for consumption after August 31, 1996. (2) March 1, 1997.--Subsection (c) shall apply to merchandise entered, or withdrawn from warehouse, for consumption after February 28, 1997. (3) Waiver.--The President may delay the effective date under this subsection for subsection (b), and may suspend the application of such subsection if it has taken effect, for such period as he considers appropriate, if he determines that Canada has entered into an agreement with the United States which provides for sub-limits required under subsection (a).

Emergency Safeguard Act of 1996 - Declares that: (1) no more than 50 percent of the total square meter equivalents of wool apparel assembled in Canada and eligible for preferential duty treatment under the North American Free Trade Agreement (NAFTA) and entered, or withdrawn from warehouse, for consumption during any year shall be tailored wool; and (2) no more than 50 percent of such sublimit shall be men's and boys' wool suits, wool sport coats, or wool slacks. Grants nondiscriminatory (most-favored-nation) treatment of Canadian tailored wool apparel that is eligible for preferential duty treatment under NAFTA.

{"src": "billsum_train", "title": "Emergency Safeguard Act of 1996"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Officer's Armor Vest Tax Credit Act of 1997''. SEC. 2. CREDIT FOR AN ARMOR VEST PURCHASE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 23 the following new section: ``SEC. 24. PURCHASE OF AN ARMOR VEST BY A LAW ENFORCEMENT OFFICER. ``(a) Allowance of Credit.--In the case of an individual who is a law enforcement officer, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 100 percent of the amount paid by the taxpayer for the purchase of an armor vest. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $1,200 for each law enforcement officer. ``(2) Limitation to one vest.--The credit under this section shall be allowed with respect to the purchase of only one vest by the law enforcement officer within a 3-year period. ``(3) Carryforward of unused credits.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and section 23), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the third taxable year after the taxable year in which the armor vest is purchased. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. ``(c) Definitions and Special Rules.-- ``(1) Law enforcement officer.-- ``(A) In general.--The term `law enforcement officer' means any officer, agent, or employee of the United States or any State, territory, or political subdivision thereof as authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal, State, territorial, or local criminal law. ``(B) Certain individuals.--Such term includes-- ``(i) a sworn correctional officer of the United States or any State, territory, or political subdivision thereof as authorized by law, and ``(ii) a private campus or educational institution security officer who has been granted special police powers under law. ``(2) Armor vest.--The term `armor vest' means-- ``(A) body armor, Type I or Type II-A, which protects against .357 Magnum jacketed soft point bullets, with nominal masses of 10.2 g (158 gr) impacting at a velocity of 381 meters (1250 feet) per second or less, and 9mm full metal jacketed bullets, with nominal masses of 8.0 g (124 gr), impacting at a velocity of 332 meters (1080 feet) per second or less; or ``(B) body armor which exceeds the specifications stated in subparagraph (A), and which the law enforcement officer's agency or department permits the officer to wear on duty. ``(3) Special rule.--No credit shall be allowed under subsection (a) if-- ``(A) the law enforcement officer has been issued an armor vest by such officer's agency or department for such officer's indefinite personal use, or ``(B) the law enforcement officer has been offered, within the 12-month period prior to the acquisition of the armor vest, an armor vest by such officer's agency or department for such officer's indefinite personal use, but has declined to accept such offer. ``(e) Recapture for Certain Dispositions.-- ``(1) In general.--If the taxpayer disposes of property with respect to the purchase of which a credit was allowed under subsection (a) at any time within the 36-month period beginning on the date the taxpayer acquired such property, then the tax imposed under this chapter for the taxable year in which such disposition occurs shall be increased by an amount equal to the amount allowed as a credit for the purchase of such property. ``(2) Death of owner; casualty loss; involuntary conversion; etc.--Paragraph (1) shall not apply to-- ``(A) a disposition of an armor vest on account of the death of any individual having a legal or equitable interest therein occurring during such 36-month period, ``(B) a disposition of an armor vest on account of the law enforcement officer losing such officer's status as a law enforcement officer, whether involuntary or not, during such 36-month period, ``(C) a disposition of an armor vest during such 36-month period if such vest is damaged, destroyed, or rendered unusable by-- ``(i) any bullet, ``(ii) theft or casualty loss, or ``(iii) compulsory or involuntary conversion (within the meaning of section 1033), or ``(D) a disposition of an armor vest during such 36-month period pursuant to a settlement in a divorce or legal separation proceeding pursuant to which the armor vest is sold.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Purchase of an armor vest by a law enforcement officer.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Law Officer's Armor Vest Tax Credit Act of 1997 - Amends the Internal Revenue Code to permit, for a law enforcement officer, a credit for 100 percent of the costs (up to $1,200) of an armor vest purchased by the officer.

{"src": "billsum_train", "title": "Law Officer's Armor Vest Tax Credit Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neutral Cost Recovery Act of 1995''. SEC. 2. NEUTRAL COST RECOVERY DEPRECIATION ADJUSTMENT FOR CERTAIN PROPERTY PLACED IN SERVICE AFTER DECEMBER 31, 1994. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end thereof the following new subsection: ``(k) Deduction Adjustment To Allow Equivalent of Expensing For Certain Property Placed in Service After December 31, 1994.-- ``(1) In general.--In the case of tangible property placed in service after December 31, 1994, the deduction under this section with respect to such property-- ``(A) shall be determined by substituting `150 percent' for `200 percent' in subsection (b)(1) in the case of property to which the 200 percent declining balance method would otherwise apply, and ``(B) for any taxable year after the taxable year during which the property is placed in service shall be-- ``(i) the amount determined under this section for such taxable year without regard to this subparagraph, multiplied by ``(ii) the applicable neutral cost recovery ratio for such taxable year. ``(2) Applicable neutral cost recovery ratio.--For purposes of paragraph (1)-- ``(A) In general.--The applicable neutral cost recovery ratio for the property for any taxable year is the number determined by-- ``(i) dividing-- ``(I) the gross domestic product deflator for the calendar quarter ending in such taxable year which corresponds to the calendar quarter during which the property was placed in service by the taxpayer, by ``(II) the gross domestic product deflator for the calendar quarter during which the property was placed in service by the taxpayer, and ``(ii) then multiplying the number determined under clause (i) by the number equal to 1.035 to the nth power where `n' is the number of full years in the period beginning on the 1st day of the calendar quarter during which the property was placed in service by the taxpayer and ending on the day before the beginning of the corresponding calendar quarter ending during such taxable year. The applicable neutral cost recovery ratio shall never be less than 1. The applicable neutral cost recovery ratio shall be rounded to the nearest \1/1000\. ``(B) Special rule for certain property.--In the case of property described in paragraph (2) or (3) of subsection (b) or in subsection (g), the applicable neutral cost recovery ratio shall be determined without regard to subparagraph (A)(ii). ``(3) Gross domestic product deflator.--For purposes of paragraph (2), the gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the first revision thereof). ``(4) Election not to have subsection apply.--This subsection shall not apply to any property if the taxpayer elects not to have this subsection apply to such property. Such an election, once made, shall be irrevocable. ``(5) Churning transactions.--This subsection shall not apply to any property if this section would not apply to such property were subsection (f)(5)(A)(ii) applied by substituting `1995' for `1981' and `1994' for `1980'. ``(6) Additional deduction not to affect basis or recapture.-- ``(A) In general.--The additional amount determined under this section by reason of this subsection shall not be taken into account in determining the adjusted basis of any property or of any interest in a pass-thru entity which holds such property and shall not be treated as a deduction for depreciation for purposes of sections 1245 and 1250. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Minimum Tax Treatment.-- (1) Paragraph (1) of section 56(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(E) Use of neutral cost recovery ratio.--In the case of property to which section 168(k) applies and which is placed in service after December 31, 1994, the deduction allowable under this paragraph with respect to such property for any taxable year (after the taxable year during which the property is placed in service) shall be-- ``(i) the amount so allowable for such taxable year without regard to this subparagraph, multiplied by ``(ii) the applicable neutral cost recovery ratio for such taxable year (as determined under section 168(k)). This subparagraph shall not apply to any property with respect to which there is an election in effect not to have section 168(k)) apply.'' (2) Subparagraph (C) of section 56(g)(4) of such Code is amended by adding at the end the following new clause: ``(v) Neutral cost recovery deduction.-- Clause (i) shall not apply to the additional deduction allowable by reason of section 168(k).'' (c) Coordination With Depreciation Limitation on Certain Automobiles.--Clause (i) of section 280F(a)(1)(B) of such Code is amended by adding at the end the following new sentence: ``For purposes of this clause, the unrecovered basis of any passenger automobile shall be treated as including the additional amount determined under section 168 by reason of subsection (k) thereof to the extent not allowed as a deduction by reason of this paragraph for any taxable year in the recovery period.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1994. SEC. 3. INCREASE IN EXPENSE TREATMENT FOR SMALL BUSINESSES. (a) General Rule.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking ``$17,500'' and inserting ``$25,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1995.

Neutral Cost Recovery Act of 1995 - Amends the Internal Revenue Code to allow the depreciation deduction to be computed based on a neutral recovery basis for certain property placed in service after December 31, 1994. Increases the dollar limitation on the deduction to expense depreciable business assets.

{"src": "billsum_train", "title": "Neutral Cost Recovery Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Desalination Act of 1994''. SEC. 2. DECLARATION OF POLICY. In view of the increasing shortage of usable surface and ground water in the United States and the world and the importance of finding new sources of supply to meet present and future water needs and to further the goals of the Colorado River Basin Salinity Control Act of 1974, the Water Resources Research Act of 1984, Public Law 95-84 (as amended), and Public Law 102-575, it is the policy of the United States to conduct and sponsor research to develop low-cost alternatives for the desalination and reuse of water or biologically impaired water and to provide for the development of practicable low-cost means of producing water of a quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses from saline or biologically impaired waters on a scale sufficient to determine the feasibility of the development of such water production and distribution on a large scale for the purpose of conserving and increasing water resources. SEC. 3. DEFINITIONS. As used in this Act: (1) Desalination or desalting.--The terms ``desalination'' or ``desalting'' mean the use of any process or technique for the removal and, when feasible, adaptation to beneficial use, of organic and inorganic elements and compounds from saline or biologically impaired waters, by itself or in conjunction with other processes. (2) Saline water.--The term ``saline water'' means sea water, brackish water, and other mineralized or chemically impaired water. (3) United states.--The term ``United States'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (4) Usable water.--The term ``usable water'' means water of a high quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. AUTHORIZATION OF RESEARCH AND STUDIES. (a) In General.--In order to determine the most cost-effective and technologically efficient means by which usable water can be produced from saline water or water otherwise impaired or contaminated, the Secretary is authorized to award grants and to enter into contracts, to the extent provided in advance in appropriation Acts, to conduct, encourage, and assist in the financing of research to develop processes for converting saline water or water otherwise impaired or contaminated into water suitable for beneficial uses. Awards of research grants and contracts under this section shall be made on the basis of a competitive, merit-reviewed process. Research and study topics authorized by this section include-- (1) investigating desalination processes; (2) ascertaining the optimum mix of investment and operating costs; (3) determining the best designs for different conditions of operation; (4) investigating methods of increasing the economic efficiency of desalination processes through dual-purpose co- facilities with other processes involving the use of water; (5) conducting or contracting for technical work, including the design, construction, and testing of pilot systems and test beds, to develop desalting processes and concepts; and (6) studying methods for the recovery of byproducts resulting from the desalination of water to offset the costs of treatment and to reduce environmental impacts from those byproducts. (b) Project Recommendations and Reports to the Congress.--As soon as practicable and within three years after the date of enactment of this Act, the Secretary shall recommend to Congress desalination demonstration projects or full-scale desalination projects to carry out the purposes of this Act and to further evaluate and implement the results of research and studies conducted under the authority of this section. Recommendations for projects shall be accompanied by reports on the engineering and economic feasibility of proposed projects and their environmental impacts. (c) Authority To Engage Others.--In carrying out research and studies authorized in this section, the Secretary may engage the necessary personnel, industrial or engineering firms, Federal laboratories, water resources research and technology institutes, other facilities, and educational institutions suitable to conduct investigations and studies authorized under this section. (d) Desalination Conference.--Within 12 months following the date of enactment of this Act, the Secretary, in coordination with the United States Agency for International Development, will plan and host a desalination conference, to include officials and desalination experts from academia, private industry, financial institutions, and government in the United States and other nations that use or conduct research on desalination. The conference shall explore promising technologies and methods for near-term development of affordable desalination and shall propose a research agenda and a plan of action to guide longer-term desalination development activities. SEC. 5. DESALINATION DEMONSTRATION AND DEVELOPMENT. (a) In General.--In order to further demonstrate the feasibility of desalination processes investigated either independently or in research conducted pursuant to section 4, the Secretary shall administer and conduct a demonstration and development program for water desalination and related activities, including the following: (1) Desalination plants and modules.--Conduct or contract for technical work, including the design, construction, and testing of plants and modules to develop desalination processes and concepts. (2) Byproducts.--Study methods for the marketing of byproducts resulting from the desalting of water to offset the costs of treatment and to reduce environmental impacts of those byproducts. (3) Economic surveys.--Conduct economic studies and surveys to determine present and prospective costs of producing water for beneficial purposes in various locations by desalination processes compared to other methods. (b) Cooperative Agreements.--Federal participation in desalination activities may be conducted through cooperative agreements, including cost-sharing agreements, with non-Federal public utilities and State and local governmental agencies and other entities, in order to develop recommendations for Federal participation in processes and plants utilizing desalting technologies for the production of water. SEC. 6. PARTICIPATION BY AGENCIES AND INTERESTED PERSONS. (a) Coordination With Other Agencies.--Activities undertaken by the Secretary pursuant to this Act may be coordinated or conducted jointly, as appropriate, with the National Science Foundation, Department of Defense, United States Army Corps of Engineers, National Aeronautics and Space Administration, and Environmental Protection Agency, and other Federal agencies, States, local government agencies, water resources research and technology institutes, and private entities. (b) Availability of Information.--All information from studies sponsored or funded under authority of this Act shall be considered public information. SEC. 7. TECHNICAL AND ADMINISTRATIVE ASSISTANCE. The Secretary may-- (1) accept technical and administrative assistance from States and public or private agencies in connection with studies, surveys, location, construction, operation, and other work relating to the desalting of water, and (2) enter into contracts or agreements stating the purposes for which the assistance is contributed and providing for the sharing of costs between the Secretary and any such agency. SEC. 8. COST SHARING. The Federal share of the cost of a research, study, or demonstration project or a desalination development project or activity carried out under this Act shall not exceed 50 percent of the total cost of the project or research or study activity. The Secretary shall prescribe appropriate procedures to implement the provisions of this section. Costs of operation, maintenance, repair, and rehabilitation of facilities funded under the authority of this Act shall be non-Federal responsibilities. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Section 4.--There are authorized to be appropriated to carry out section 4 of this Act $5,000,000 for fiscal year 1995 and $10,000,000 per year for fiscal years 1996 through 1999. Of these amounts, up to $1,000,000 in each fiscal year may be awarded to institutions of higher education for research grants without any cost- sharing requirement. (b) Section 5.--There are authorized to be appropriated to carry out section 5 of this Act $50,000,000 for fiscal years 1996 through 1999. SEC. 10. DROUGHT RELIEF FOR MADERA-CHOWCHILLA POWER AUTHORITY HYDROELECTRIC PROJECTS. Section 103 of the Reclamation States Emergency Drought Relief Act of 1991 (106 Stat. 55; 43 U.S.C. 2213) is amended-- (1) by inserting in the first sentence after ``resulting from drought conditions.'' the following: ``The Secretary is further authorized to make a loan to the Madera-Chowchilla Power Authority to assist in the repayment of financial obligations associated with hydroelectric facilities that have been adversely affected by drought conditions.''; and (2) by striking ``loan.'' at the end of the second proviso and inserting ``loan, except that loans specifically for the Madera-Chowchilla Power Authority associated with hydroelectric facilities impacted by drought shall be under such terms and conditions as the Secretary deems appropriate.''. SEC. 11. AMENDMENT TO THE RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992. Title XVI of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.) is amended by adding the following section: ``SEC. 1618. ORANGE COUNTY REGIONAL WATER RECLAMATION PROJECT. ``(a) The Secretary is authorized to participate with the Orange County Water District in the State of California, and other appropriate authorities, in the planning, design and construction of water reclamation projects to treat up to 100,000 acre feet per year of wastewater effluent from the county of Orange, in order to provide new water supplies for ground water replenishment, industrial applications and other beneficial purposes, to reduce the demand for imported water, and to reduce sewage effluent discharged into the ocean near Huntington Beach. ``(b) The Secretary's share of costs associated with the project described in section (a) shall not exceed 25 percent of the total. The Secretary shall not provide funds for operation or maintenance of the project. ``(c) There are authorized to be appropriated not more than $250,000 for the design of projects under this section.''. Passed the House of Representatives October 3, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Water Desalination Act of 1994 - Authorizes the Secretary of the Interior to award grants and enter into contracts to conduct, encourage, and assist in the financing of research to develop processes for converting saline or contaminated water into water suitable for beneficial uses. Directs the Secretary to recommend desalination projects to the Congress and to conduct a demonstration and development program for water desalination and related activities. Directs the Secretary to plan and host a desalination conference for the United States and other nations that use or conduct desalination research. Limits Federal funding for projects to 50 percent of the total cost. Authorizes appropriations for FY 1996 through 1999. Amends the Reclamation States Emergency Drought Relief Act of 1991 to authorize the Secretary to make a loan to the Madera-Chowchilla Power Authority to assist in the repayment of financial obligations associated with hydroelectric facilities adversely affected by drought conditions. Amends the Reclamation Projects Authorization and Adjustment Act of 1992 to authorize the Secretary to participate with the Orange County, California, Water District in the planning, design, and construction of specified water reclamation projects. Limits to 25 percent the Secretary's share of project costs. Authorizes appropriations.

{"src": "billsum_train", "title": "Water Desalination Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Every two minutes, one woman dies from pregnancy- related complications. Of these deaths, 99 percent occur in developing countries. Over half of these deaths are in sub- Saharan Africa and one-third are in South Asia. Most of these deaths are preventable, which represents both a tragedy and an opportunity. (2) For every woman who dies from pregnancy-related complications, an estimated 20 women survive but experience pregnancy-related disabilities. One of the most severe is obstetric fistula, which occurs when a woman who is experiencing prolonged, obstructed labor and needs trained medical assistance for a safe delivery, usually a cesarean section, cannot get it. (3) Obstetric fistula is a hole that is formed between the bladder and the vagina, or the rectum and the vagina (or both), after a woman suffers from prolonged, obstructed labor without timely, adequate medical intervention. In the struggle to pass through the birth canal, the fetus puts constant pressure, sometimes for several days, on the bladder and vaginal or rectal walls, destroying the tissue that then sloughs off, resulting in the abnormal opening or hole. (4) In the majority of obstetric fistula cases, the baby will be stillborn and the mother will experience physical pain and disability, as well as social and emotional trauma from living with incontinence and from the loss of her child. (5) In addition to incontinence or constant uncontrollable leaking of urine, feces, or both, the physical consequences of obstetric fistula may include frequent bladder infections, infertility, foul odor, and nerve damage. (6) Mental, emotional, and social side effects of obstetric fistula may include depression, social isolation and discrimination, suicidal thoughts or actions, and lack of adequate economic opportunities, resulting in deepening poverty and vulnerability. Girls with obstetric fistula are also often unable to continue schooling. Women and girls with fistula suffer psychological consequences, such as feelings of hopelessness because of stigma and lack of awareness that their condition is treatable. Fistula survivors need regular medical attention and support, but too often adequate services are unavailable or the women and their families cannot afford them. Women may lose property if they are divorced or abandoned by their husbands and family. Some lose jobs or are denied work, while others may quit their jobs out of shame, leading to deepened poverty and vulnerability to repeat fistulas. (7) Although data on obstetric fistula are scarce, the World Health Organization (WHO) estimates there are more than 2,000,000 women living with fistula, and 50,000 to 100,000 new cases each year. (8) The primary cause of obstetric fistula is a lack of timely, adequate emergency obstetric care, such as a cesarean section. Poverty, malnutrition, poor health services, early childbearing, and gender discrimination are interlinked root causes of obstetric fistula. (9) Obstetric fistula was once common throughout the world, but over the last century was eliminated in Europe, North America, and other developed regions through improved access to medical interventions, particularly emergency obstetric care for those women who need it. The first fistula hospital in the world stood where the Waldorf-Astoria Hotel is now located in New York City. As highlighted by the United Nations Secretary General in his 2015 statement on the occasion of the International Day to End Obstetric Fistula (May 23rd), in which he called upon world leaders to commit to ending the scourge of obstetric fistula in our lifetime, ``The fact that fistula persists primarily among the poorest and most marginalized women and girls in the world is an egregious outcome of social, economic and gender inequalities, the denial of human rights and inadequate access to quality reproductive health services, including maternal and newborn care.''. (10) Obstetric fistula is preventable through medical interventions, such as skilled attendance, including midwives, present during labor and childbirth, providing access to family planning, and emergency obstetric care for women who develop childbirth complications, as well as social interventions such as delaying early marriage and educating and empowering young women. (11) The majority of obstetric fistula can be surgically treated. Surgery requires a specially trained, qualified surgeon and support staff, and access to an operating theater and to attentive postoperative care. When performed by a skilled, competent surgeon, success rates can be as high as 90 percent and cost an estimated $400. (12) According to the Department of State, ``Because of their roles in child rearing, providing and seeking care, and managing water and nutrition, the ability of women to access health-related knowledge and services is fundamental to not only their own health and well-being, but also that of their babies, older children and other family members. Over the long- term, the health and well-being of women, in addition to being essential in its own right, enhances their productivity and social and economic participation and also acts as a positive multiplier, benefitting social and economic development through the health of future generations.''. (13) In 2002, the United Nations Population Fund (UNFPA) and EngenderHealth embarked on the first ever assessments in nine African countries to determine the need for and access to services to address obstetric fistula. In 2003, UNFPA and partners launched a global campaign to identify and address obstetric fistula in an effort to develop a means to treat and support those women who are suffering and provide the necessary health services to prevent further cases. The UNFPA-led Campaign to End Fistula is now present in more than 50 countries across Africa, Asia, and the Arab region and is comprised of over 90 partners at the global level and many more at the regional and national levels. The Campaign has three main focuses: the prevention of fistula cases, treatment of existing cases of fistula, and social reintegration and follow up for fistula survivors. The Campaign supports fistula surgery, training of doctors, nurses, and other health workers, community outreach to prevent further cases, identification of women suffering fistula who need care, and supporting provision of rehabilitative care for women after treatment in order to break the cycle of poverty and marginalization that rendered them vulnerable to fistula in the first place and to enable them to reclaim their dignity and hope and return to full and productive lives. Since 2003, UNFPA has directly supported more than 57,000 fistula repairs, and additional repairs have been supported by Campaign partners. (14) The Campaign to End Fistula works with national counterparts, including ministries of health, other pertinent ministries, United Nations agencies, international and national nongovernmental organizations, civil society organizations, academic institutions, and health providers (and professional associations), in support of national processes and fistula eradication efforts, including strategies to eradicate end- stage prolonged or obstructed labor that causes not only fistula, but a host of newborn and maternal reproductive, mental, neurologic and orthopedic conditions, that have detrimental consequences for women's lives. A key focus is national capacity strengthening to reach the regional backlogs of women living with fistula in remote regions, suffering needlessly, sometimes for decades. (15) In 2004, the United States Agency for International Development (USAID) provided funding through the ACQUIRE Project managed by EngenderHealth to support services in Bangladesh and Uganda. From 2007 to 2013, USAID funded the Fistula Care project, and in 2013, USAID awarded a new 5-year cooperative agreement to EngenderHealth for the Fistula Care Plus project to support national fistula programs in Africa and Asia, expand access to care, assess the backlog of cases, test new approaches to improve the efficiency and quality of care, and improve health outcomes. USAID currently supports fistula treatment services in 137 sites in six countries and addresses prevention in those sites and 36 more. The ceiling for the Fistula Care Plus project is $74,490,000. Since 2004, more than 39,000 women have received fistula repairs with USAID support. (16) One of the key global health principles of the United States Global Health Initiative is to strengthen and leverage key multilateral organizations, global health partnerships, and private sector engagement. The United States has committed to join multilateral efforts involving the United Nations and others to make progress toward achieving Millennium Development Goals 4, 5, and 6, and thereafter the Sustainable Development Goals, through the United Nations Secretary General's Every Woman Every Child initiative. (17) The United States, through its commitment to Ending Preventable Maternal and Child Deaths, has set several targets that will reduce the incidence of fistula, including through efforts to reduce maternal mortality to 50 maternal deaths per 100,000 live births by 2035, and support voluntary family planning and reproductive health programs to reach 120,000,000 additional women and girls with family planning information, commodities and services by 2020. The USAID Maternal Health Vision for Action calls for an increased focus on averting and addressing maternal morbidity and disability. SEC. 3. PREVENTION AND TREATMENT OF OBSTETRIC FISTULA. (a) Authorization.--The President is authorized, in accordance with this section and section 4, to provide assistance, including through international organizations, national governments, and international and local nongovernmental organizations, to-- (1) address the social and health issues that lead to obstetric fistula; and (2) support treatment of obstetric fistula. (b) Activities.--Assistance provided pursuant to subsection (a) shall focus on-- (1) increasing prevention through access to sexual and reproductive health services, including skilled attendance at birth, comprehensive emergency obstetric care, prenatal and antenatal care, contraception (family planning), and supporting comprehensive sexuality education; (2) building local capacity and improving national health systems to prevent and treat obstetric fistula within the context of navigating pregnancy in good health overall; (3) supporting tools to enable countries to address obstetric fistula, including supporting qualitative research and data collection on the incidence and prevalence of obstetric fistula, development of sustainable financing mechanisms to encourage facility deliveries and provide fistula survivors access to free or affordable treatment, training of midwives and skilled birth attendants, promoting ``south-to- south'' training, and provision of basic obstetric care at the community level; (4) addressing underlying social and economic inequities, including empowering women and girls, reducing incidence of child marriage, delaying childbirth, and increasing access to formal and nonformal education; (5) supporting reintegration and training programs to help women who have undergone treatment return to full and productive lives; and (6) promoting public awareness to increase understanding of obstetric fistula, and thereby improve prevention and treatment efforts, to help reduce stigma and violence against women and girls with obstetric fistula. SEC. 4. COORDINATION, REPORTING, RESEARCH, MONITORING, AND EVALUATION. (a) In General.--Assistance authorized under this Act shall-- (1) promote the coordination facilitated by the International Obstetric Fistula Working Group, which coordinates between and among donors, multilateral institutions, the private sector, nongovernmental and civil society organizations, and governments in order to support comprehensive prevention and treatment of obstetric fistula; and (2) be used for the development and implementation of evidence-based programs, including monitoring, evaluation, and research to measure the effectiveness and efficiency of such programs throughout their planning and implementation phases. (b) Reporting.--Not later than one year after the date of the enactment of this Act and annually thereafter, the President shall transmit to Congress a report on activities undertaken pursuant to this Act during the preceding fiscal year to reduce the incidence of and increase treatment for obstetric fistula, and how such activities fit into existing national action plans to prevent and treat obstetric fistula.

Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2015 This bill authorizes the President to provide assistance, including through international organizations, national governments, and international and local nongovernmental organizations, to: (1) address the social and health issues that lead to obstetric fistula, and (2) support treatment of obstetric fistula. Obstetric fistula occurs when a woman who is experiencing prolonged, obstructed labor and needs trained medical assistance for a safe delivery, usually a cesarean section, cannot get it. Such assistance shall promote the coordination facilitated by the International Obstetric Fistula Working Group.

{"src": "billsum_train", "title": "Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Health Investment Today Act'' or the ``PHIT Act.'' SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) almost 20 percent of American children between the ages of 2 and 19 are overweight or suffer from obesity; (2) 8 of the 9 most expensive illnesses in the United States are more common among overweight and obese individuals; (3) according to the Centers for Disease Control and Prevention, the increase in the number of overweight and obese Americans between 1987 and 2001 resulted in a 27 percent increase in per capita health care costs; (4) the World Health Organization determined that in the United States a $1 investment in physical activity alone (in time and equipment) would reduce medical expenses by $3.20; (5) research indicates that 2 in 5 Americans would become more physically active if offered a financial incentive; (6) the United States ranks last in the world in reducing the number of preventable deaths resulting from obesity-related chronic illnesses; and (7) engaging in physical activities at young ages when children are learning lifelong behaviors can have a significant impact on their long-term health. (b) Purpose.--The purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight and obese, by-- (1) encouraging healthier lifestyles; (2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and (3) increasing the ability of individuals and families to participate in physical fitness activities. SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE. (a) In General.--Section 213(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(E) for qualified sports and fitness expenses.''. (b) Qualified Sports and Fitness Expenses.--Section 213(d) of such Code is amended by adding at the end the following paragraph: ``(12) Qualified sports and fitness expenses.-- ``(A) In general.--The term `qualified sports and fitness expenses' means amounts paid-- ``(i) for membership at a fitness facility, ``(ii) for participation or instruction in a program of physical exercise or physical activity, and ``(iii) for equipment for use in a program (including a self-directed program) of physical exercise or physical activity. ``(B) Overall dollar limitation.--The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return or a head of household (as defined in section 2(b))). ``(C) Fitness facility defined.--For purposes of subparagraph (A)(i), the term `fitness facility' means a facility-- ``(i) providing instruction in a program of physical exercise, offering facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serving as the site of such a program of a State or local government, ``(ii) which is not a private club owned and operated by its members, ``(iii) which does not offer golf, hunting, sailing, or riding facilities, ``(iv) whose health or fitness facility is not incidental to its overall function and purpose, and ``(v) which is fully compliant with the State of jurisdiction and Federal anti- discrimination laws. ``(D) Treatment of exercise videos, etc.--Videos, books, and similar materials shall be treated as described in subparagraph (A)(ii) if the content of such materials constitute instruction in a program of physical exercise or physical activity. ``(E) Limitations related to sports and fitness equipment.--Amounts paid for equipment described in subparagraph (A)(iii) shall be treated as a qualified sports and fitness expense only-- ``(i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity programs, ``(ii) if such equipment is not apparel or footwear, and ``(iii) in the case of any item of sports equipment (other than exercise equipment), with respect to so much of the amount paid for such item as does not exceed $250. ``(F) Programs which include components other than physical exercise and physical activity.--Rules similar to the rules of section 213(d)(6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as an other component.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Personal Health Investment Today Act or the PHIT Act Amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses. Defines "qualified sports and fitness expenses" as amounts paid for fitness facility memberships, physical exercise programs, and exercise equipment.

{"src": "billsum_train", "title": "PHIT Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Filipino Veterans Equity Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Philippine islands became a United States possession in 1898 when they were ceded from Spain following the Spanish-American War. (2) During World War II, Filipinos served in a variety of units, some of which came under the direct control of the United States Armed Forces. (3) The regular Philippine Scouts, the new Philippine Scouts, the Guerilla Services, and more than 100,000 members of the Philippine Commonwealth Army were called into the service of the United States Armed Forces of the Far East on July 26, 1941, by an executive order of President Franklin D. Roosevelt. (4) Even after hostilities had ceased, wartime service of the new Philippine Scouts continued as a matter of law until the end of 1946, and the force gradually disbanded and was disestablished in 1950. (5) Filipino veterans who were granted benefits prior to the enactment of the so-called Rescissions Acts of 1946 (Public Laws 79-301 and 79-391) currently receive full benefits under laws administered by the Secretary of Veterans Affairs, but under section 107 of title 38, United States Code, the service of certain other Filipino veterans is deemed not to be active service for purposes of such laws. (6) These other Filipino veterans only receive certain benefits under title 38, United States Code, and, depending on where they legally reside, are paid such benefit amounts at reduced rates. (7) The benefits such veterans receive include service- connected compensation benefits paid under chapter 11 of title 38, United States Code, dependency indemnity compensation survivor benefits paid under chapter 13 of title 38, United States Code, and burial benefits under chapters 23 and 24 of title 38, United States Code, and such benefits are paid to beneficiaries at the rate of $0.50 per dollar authorized, unless they lawfully reside in the United States. (8) Dependents' educational assistance under chapter 35 of title 38, United States Code, is also payable for the dependents of such veterans at the rate of $0.50 per dollar authorized, regardless of the veterans' residency. SEC. 3. PAYMENTS TO ELIGIBLE PERSONS WHO SERVED IN THE PHILIPPINES DURING WORLD WAR II. (a) Compensation Fund.-- (1) In general.--There is in the general fund of the Treasury a fund to be known as the ``Filipino Veterans Equity Compensation Fund'' (in this section referred to as the ``compensation fund''). (2) Availability of funds.--Subject to the availability of appropriations for such purpose, amounts in the fund shall be available to the Secretary of Veterans Affairs without fiscal year limitation to make payments to eligible persons in accordance with this section. (b) Payments.--During the one-year period beginning on the date of the enactment of this Act, the Secretary shall make a payment to an eligible person who, during such period, submits to the Secretary an application containing such information and assurances as the Secretary may require. (c) Eligible Persons.--An eligible person is any person who served-- (1) before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States; or (2) in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 538). (d) Payment Amounts.--Each payment under this section shall be-- (1) in the case of an eligible person who is not a citizen of the United States, in the amount of $9,000; and (2) in the case of an eligible person who is a citizen of the United States, in the amount of $15,000. (e) Limitation.--The Secretary may not make more than one payment under this section for each person described in subsection (f). (f) Eligibility of Individuals Living Outside the United States Entitled to Certain Social Security Benefits.--Receipt of a payment under this section shall not affect the eligibility of an individual residing outside the United States to receive benefits under title VIII of the Social Security Act (42 U.S.C. 1001 et seq.) or the amount of such benefits. (g) Release.-- (1) In general.--Except as provided in paragraph (2), the acceptance by an eligible person of a payment under this section shall be final, and shall constitute a complete release of any claim against the United States by reason of any service described in subsection (c). (2) Payment of previously awarded benefits.--Nothing in this section shall prohibit a person from receiving any benefit to which the person is entitled based on a claim for which benefits are awarded before the date of the enactment of this Act. (h) Reports.--The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year in which payments are made from the compensation fund under this section, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible persons receiving benefits, the amounts paid out of the compensation fund, and the administration of the compensation fund. (i) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out this section. (j) Authorization of Appropriation.--There is authorized to be appropriated to the compensation fund $198,000,000, to remain available until expended, to make payments under this section. Passed the House of Representatives September 23, 2008. Attest: LORRAINE C. MILLER, Clerk.

Filipino Veterans Equity Act of 2008 - Establishes in the Treasury the Filipino Veterans Equity Compensation Fund, whose amounts shall be available to the Secretary of Veterans Affairs without fiscal year limitation to make payments to specified eligible persons who served: (1) before July 1, 1946, in the organized military forces of the government of the Commonwealth of the Philippines, while in the service of the Armed Forces of the United States; or (2) in the Philippine Scouts. Sets the payment amounts at $15,000 for U.S. citizens and $9,000 for non-U.S. citizens. States that acceptance of such payment shall constitute a release of any claim against the United States for such service. Requires the Secretary to include information concerning compensation fund operation within annual budget documents submitted to Congress. Authorizes appropriations.

{"src": "billsum_train", "title": "To authorize the Secretary of Veterans Affairs to make certain payments to eligible persons who served in the Philippines during World War II."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Home Equity Conversion Mortgage Act of 2007''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS GUARANTEE OF HOME EQUITY CONVERSION MORTGAGES FOR ELDERLY VETERAN HOMEOWNERS. (a) Loan Guarantee Authorized.--Subchapter II of chapter 37 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3715. Guarantee of home equity conversion mortgages for elderly veteran homeowners ``(a) Loan Guarantee.--Upon receiving an application by a covered mortgagee and under such terms and conditions as the Secretary may prescribe, the Secretary may guarantee any home equity conversion mortgage that is made to an elderly veteran homeowner pursuant to the provisions of this section and conforms with all applicable provisions of this title. ``(b) Standards for Commitment.--The Secretary shall establish standards under which the Secretary will commit to guarantee such home equity conversion mortgage made to an elderly veteran homeowner before the date on which the mortgage is executed, if the Secretary determines that the mortgage-- ``(1) is likely to improve the financial situation or otherwise meet the special needs of the elderly veteran homeowner; ``(2) will include appropriate safeguards for the elderly veteran homeowner to offset the special risks associated with the mortgage; and ``(3) has such terms as the Secretary may establish to ensure that it is accepted in the secondary mortgage market. ``(c) Mortgage Eligibility.--A home equity conversion mortgage may be guaranteed under this section if it-- ``(1) is secured by a dwelling, farm residence, one-family residential unit in a condominium housing development or project, or manufactured home permanently affixed to a lot, that is owned and occupied by the eligible elderly veteran homeowner; ``(2) has been executed by an elderly veteran homeowner who-- ``(A) has discussed with a loan counselor approved by the Secretary-- ``(i) options other than a home equity conversion mortgage that are available to the homeowner, including other housing, social service, health, and financial options; ``(ii) other home equity conversion options that are or may become available to the homeowner, such as sale-leaseback financing, deferred payment loans, and property tax deferral; and ``(iii) the financial implications of entering into a home equity conversion mortgage; and ``(iv) any other information that the Secretary may require; ``(B) has received a disclosure that a home equity conversion mortgage may have tax consequences, affect eligibility for assistance under Federal and State programs, and have an impact on the heirs and estate of the homeowner; ``(C) has received the full disclosure described in subsection (e)(1); and ``(D) meets any additional requirements prescribed by the Secretary; ``(3) provides that prepayment, in whole or in part, may be made at any time during the period of the mortgage, without penalty; ``(4) provides for a fixed or variable interest rate or future sharing between the veteran and the covered mortgagee of the appreciation in the value of the property, as agreed upon by the veteran and the mortgagee; ``(5) provides for the satisfaction of the obligation in a manner satisfactory to the Secretary; ``(6) provides that the eligible elderly veteran homeowner is not liable for any difference between the net amount of remaining indebtedness under the mortgage and the amount recovered by the covered mortgagee from the net sales proceeds from the dwelling that is subject to the mortgage (based upon the amount of the accumulated equity selected by the veteran to be subject to the mortgage, as agreed upon by the veteran and the mortgagee); ``(7) contains such terms and provisions with respect to insurance, repairs, alterations, payment of taxes, default reserve, delinquency charges, foreclosure proceedings, anticipation of maturity, additional and secondary liens, and other matters as the Secretary may prescribe; ``(8) provides for future payments to the veteran, based on accumulated equity (minus any applicable fees and charges), that are calculated according one of the following methods chosen by the homeowner: ``(A) payment based upon a line of credit; ``(B) payment on a monthly basis over a term specified by the homeowner; ``(C) payment on a monthly basis over a term specified by the homeowner and based upon a line of credit; ``(D) payment on a monthly basis over the tenure of the homeowner; ``(E) payment on a monthly basis over the tenure of the homeowner and based upon a line of credit; or ``(F) payment on any other basis that the Secretary considers appropriate; ``(9) provides that the homeowner may convert the method of payment chosen under paragraph (8) to any other method under such paragraph during the term of the loan, except that in the case of a fixed-rate home equity conversion mortgage, the Secretary may, by regulation, limit such convertibility; ``(10) contains such restrictions as the Secretary may determine are appropriate to ensure that the homeowner does not fund any unnecessary or excessive costs for obtaining the mortgage, including any costs of estate planning, financial advice, or other related services; and ``(11) satisfies any other requirements prescribed by the Secretary. ``(d) Conditions of Guarantee.--(1) The Secretary shall require the covered mortgagee of a home equity conversion mortgage guaranteed under this section to make available to the elderly veteran homeowner-- ``(A) at the time of the application for the loan in connection with the mortgage, a written list of the names and addresses of third-party information sources who are approved by the Secretary as responsible and able to provide the information required by subsection (e); ``(B) by not later than 10 days before closing on the loan, a statement informing the elderly veteran homeowner of such homeowner's limited liability under the mortgage, as well as the homeowner's rights, obligations, and remedies with respect to temporary absences from the home, late payments, and payment default by the lender, along with any conditions requiring satisfaction of the loan obligation and any other information that the Secretary may require; ``(C) by not later than January 31 of each year, an annual statement summarizing for the preceding calendar year the total principal amount paid to the homeowner under the loan secured by the home equity conversion mortgage, the total amount of deferred interest added to the principal, and the outstanding loan balance at the end of that year; and ``(D) before closing on the loan, a statement of the projected total cost of the mortgage to the veteran homeowner based upon the projected total future loan balance (such cost expressed as a single average annual interest rate for at least two different appreciation rates for the term of the mortgage) for not less than two projected loan terms, as determined by the Secretary, which shall include-- ``(i) the cost for a short-term home equity conversion mortgage; and ``(ii) the cost for a loan term equaling the actuarial life expectancy of the veteran. ``(2) The Secretary may not guarantee a home equity conversion mortgage under this section unless such mortgage provides that the elderly veteran homeowner's responsibility to satisfy the loan obligation is deferred until the homeowners death, the sale of the home, or the occurrence of certain other events specified in regulations by the Secretary. ``(e) Information Provided to Homeowner.--(1) The Secretary shall provide or arrange, before executing on a home equity conversion mortgage under this section, for a third-party to provide to the elderly veteran homeowner under the mortgage a full disclosure that clearly states-- ``(A) all of the costs charged to the homeowner, including the costs of estate planning, financial advice, and other services that are related to the mortgage but are not required to obtain the mortgage; and ``(B) which of the costs under subparagraph (A) are required to obtain the mortgage and which are not required to obtain the mortgage; and ``(2) The Secretary may, in lieu of carrying out paragraph (1), adopt an alternative approach to educating an elderly veteran homeowner, but only if such alternative approach provides to the homeowner all of the information specified such paragraphs. For the purpose of carrying out the preceding sentence, the Secretary shall consult with industry representatives, consumer groups, representatives of counseling organizations, and other interested parties to identify alternative approaches to providing to the elderly veteran homeowner the information required under this subsection that may be feasible and desirable for home equity conversion mortgages guaranteed under this section. ``(f) Limitation on Amount of Benefits.--In no case may the benefit from a guarantee of a mortgage under this section exceed the maximum guarantee amount under section 3703 of this title. ``(g) Additional Authority.--(1) To further the purposes of this section, the Secretary shall take any action necessary-- ``(A) to provide any elderly veteran homeowner with funds to which the homeowner is entitled under a mortgage guaranteed under this section, but that the homeowner has not received because of the default of the party responsible for payment; ``(B) to obtain repayment from any source of any amount provided to a homeowner under subparagraph (A); and ``(C) to provide a covered mortgagee with funds to which the mortgagee is entitled under the terms of a mortgage guaranteed under this section. ``(2) Actions under paragraph (1) may include-- ``(A) disbursing funds to the elderly veteran homeowner or covered mortgagee from the Veterans Housing Benefit Program Fund; ``(B) accepting an assignment of the guaranteed mortgage, notwithstanding that the homeowner is not in default under the terms of the mortgage, and calculating the amount and making the payment of a claim on such assigned mortgage; ``(C) requiring a subordinate mortgage from the homeowner at any time in order to secure repayments of any funds previously advanced or to be advanced to the homeowner; ``(D) requiring a subrogation to the Secretary of the rights of any parties to the transaction against any defaulting parties; and ``(E) imposing premium charges. ``(h) Exemption From Certain Provisions of Law.--Section 137(b) of the Truth in Lending Act (15 U.S.C. 1647(b)) and any implementing regulations issued by the Board of Governors of the Federal Reserve System shall not apply to a mortgage guaranteed under this section. ``(i) Authority To Guarantee Mortgages for Refinancing.--(1) The Secretary may, upon application by a covered mortgagee, guarantee any mortgage given to refinance an existing home equity conversion mortgage guaranteed under this section. ``(2) As a condition of guaranteeing a mortgage under this subsection, the Secretary shall require that the covered mortgagee of a home equity conversion mortgage guaranteed under this subsection provide to the elderly veteran homeowner, within an appropriate period of time and in a manner, a good faith estimate of-- ``(A) the total cost of the refinancing; and ``(B) the increase in the homeowner's principal limit as measured by the estimated initial principal limit on the mortgage to be guaranteed under this subsection, less the current principal limit on the home equity conversion mortgage that is being refinanced and guaranteed under this subsection. ``(3) The amount of the loan fee for a mortgage refinanced under this subsection shall be determined by the Secretary under section 3729 of this title. ``(4) In the case of an elderly veteran homeowner who applies for refinancing under this subsection, the Secretary may waive the requirement that the homeowner receive information under subsection (e), but only if-- ``(A) the increase in the principal limit exceeds the amount of the total cost of refinancing by an amount to be determined by the Secretary; and ``(B) the time between the closing of the original home equity conversion mortgage being refinanced through the mortgage guaranteed under this subsection and the application for a refinancing mortgage guaranteed under this subsection does not exceed five years. ``(j) Origination Fee.--The Secretary may establish a limit on the origination fee that may be charged to an elderly veteran homeowner for a mortgage guaranteed under this section, except that such limitation shall provide that the origination fee may be fully financed with the mortgage and shall include any fees paid to correspondent mortgagees approved by the Secretary. ``(k) Fee Waiver.--(1) Notwithstanding section 3729 of this title, in the case of a mortgage guaranteed under this section for which the total amount (except as provided under paragraph (2)) of all future payments described in subsection (l)(4)(B) are to be used only to fund the cost of a qualified long-term care insurance contract that covers the elderly veteran homeowner or a member of the homeowner's household residing in the property subject to the mortgage, the Secretary may not charge or collect the loan fee otherwise required under subparagraph (a) of such section. ``(2) A mortgage described in paragraph (1) may provide for financing of any amount used to satisfy outstanding mortgage obligations (in accordance with such limitations as the Secretary shall prescribe) and any amount used for initial service charges, appraisal, inspection, and other fees (as approved by the Secretary) in connection with such mortgage, and the amount of future payments shall be reduced accordingly. ``(3) For purposes of this subsection, the term `qualified long- term care insurance contract' has the meaning given such term in section 7702B of the Internal Revenue Code of 1986 (26 U.S.C. 7702B), except that such contract shall also meet the requirements of-- ``(A) sections 9 (relating to disclosure), 24 (relating to suitability), and 26 (relating to contingent nonforfeiture) of the long-term care insurance model regulation promulgated by the National Association of Insurance Commissioners (as adopted as of September 2000); and ``(B) section 8 (relating to contingent nonforfeiture) of the long-term care insurance model Act promulgated by the National Association of Insurance Commissioners (as adopted as of September 2000). ``(l) Definitions.--For the purposes this section: ``(1) The term `elderly veteran homeowner' means any homeowner who is, or whose spouse is, a veteran who is eligible for housing loan benefits under this title and who is at least 62 years of age or such higher age as the Secretary may prescribe. ``(2) The term `mortgage' means a first mortgage or first lien-- ``(A) on real estate, in fee simple; ``(B) on all stock allocated to a dwelling in a residential cooperative housing corporation; or ``(C) on a leasehold that is-- ``(i) under a lease for not less than 99 years that is renewable; or ``(ii) under a lease having a period of not less than 10 years to run beyond the maturity date of the mortgage. ``(3) The term `first mortgage' means a first lien that is given to secure an advance on, or the unpaid purchase price of, real estate or all stock allocated to a dwelling unit in a residential cooperative housing corporation, under the laws of the State in which the real estate or dwelling unit is located, together with any credit instruments secured for such purpose. ``(4) The term `home equity conversion mortgage' means a housing loan, as defined in section 3701 of this chapter that-- ``(A) is secured by a first mortgage; ``(B) provides for future payments to the homeowner based on accumulated equity; and ``(C) is made by-- ``(i) a Federal land bank, National bank, State bank, private bank, building and loan association, insurance company, credit union, or mortgage and loan company, that is subject to examination and supervision by an agency of the United States or of any State; or ``(ii) a State; or ``(iii) a lender or mortgage broker approved by the Secretary pursuant to standards established by the Secretary.''. (b) Conforming Amendment.--Section 3701(a) of such title is amended by striking ``sections 3710(a) and 3712(a)(1)'' and inserting ``sections 3710(a), 3712(a)(1), and 3715''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the items relating to subchapter II the following new item: ``3715. Guarantee of home equity conversion mortgages for elderly veteran homeowners.''.

Veteran Home Equity Conversation [sic] Mortgage Act of 2007 - Authorizes the Secretary of Veterans Affairs to guarantee any home equity conversion mortgage (mortgage) made to an elderly (62 or older) veteran homeowner, as long as the Secretary determines that the mortgage: (1) is likely to improve the financial situation or otherwise meet the special needs of the homeowner; (2) will include safeguards to offset special risks associated with such a mortgage; and (3) has appropriate terms to ensure its acceptance in the secondary mortgage market. Allows such mortgage to be guaranteed only if it is secured by a dwelling, farm residence, or manufactured home permanently affixed to a lot that is owned and occupied by the elderly veteran homeowner. Authorizes the Secretary to: (1) guarantee any mortgage given to refinance an existing home equity conversion mortgage guaranteed by the Secretary; (2) establish a mortgage guarantee fee; and (3) waive the mortgage guarantee fee in certain circumstances.

{"src": "billsum_train", "title": "To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to guarantee home equity conversion mortgages for elderly veteran homeowners."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pell Grant Protection Act''. SEC. 2. PURPOSE. The purpose of this Act is to restore the role of Federal Pell Grants as the foundational Federal investment in higher education, in order to strengthen the economy of the United States by improving opportunities for low-income students to complete higher education and join the middle class. SEC. 3. FINDINGS. Congress finds the following: (1) Federal Pell Grants provided under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) (referred to in this Act as ``Federal Pell Grants'') have historically been the fundamental Federal investment in helping low-income students pay for college and enter the middle class. In the 1979-1980 academic year, the maximum Federal Pell Grant paid for 77 percent of the average cost of attendance at an in-State, 4- year institution of higher education. However, in the 2012-2013 academic year, the maximum Federal Pell Grant covered only about 30 percent of that average cost of attendance. (2) The program providing Federal Pell Grants already acts as a quasi-entitlement, in which both mandatory funding and discretionary funding combine to maintain a maximum Federal Pell Grant amount. (3) The Congressional Budget Office reports on any overall financial surplus or shortfall in the funding provided for the Federal Pell Grant program. However, in recent years, in order to meet the maximum Federal Pell Grant level with the provided level of funding, Congress has made cuts to the program through imposing additional eligibility requirements for Federal Pell Grants and limiting the availability of year-round Federal Pell Grants, causing significant uncertainty and reducing access to higher education for millions of hardworking college students. (4) Removing the Federal Pell Grant program from the uncertainty of the congressional discretionary appropriations process will improve student access to, and the affordability of, higher education. (5) The ``traditional student'' who attends college for 4 years immediately after high school is now a minority of college students today. Ambitious students now need more flexibility to attend school year-round while juggling work schedules. (6) Section 1860 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112-10, 125 Stat. 169) eliminated the provision of the Federal Pell Grant program of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) that allowed 2 Federal Pell Grant awards per year, creating significant hardship for many students trying to take courses over the summer or outside the traditional school calendar. Allowing students to continue to receive Federal Pell Grants in successive semesters, without a gap, would reduce the time needed to complete their degrees. SEC. 4. CONVERTING THE TRADITIONAL FEDERAL PELL GRANT PROGRAM TO A MANDATORY SPENDING PROGRAM. (a) Legislative Provisions.--Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) by striking clauses (i) and (ii) and inserting the following: ``(i)(I) for award year 2014-2015, $5,730; or ``(II) for award year 2015-2016 and each subsequent award year, the amount of the maximum Federal Pell Grant determined under this clause for the immediately preceding award year, increased by a percentage equal to the estimated percentage increase, if any, in the Consumer Price Index (as determined by the Secretary, using the definition in section 478(f)) for the most recent calendar year ending prior to the beginning of that award year; plus ``(ii) any additional amount specified for the maximum Federal Pell Grant in the last enacted appropriation Act applicable to that award year, less''; and (B) by adding at the end the following: ``(C)(i) For fiscal year 2015 and each succeeding fiscal year, there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to provide, in combination with any amounts separately appropriated under subparagraph (A)(ii), Federal Pell Grants under this section in the amount specified in subparagraph (A) to all eligible students. ``(ii) The amounts made available by clause (i) for any fiscal year shall be available beginning on October 1 of that fiscal year, and shall remain available through September 30 of the succeeding fiscal year.''; and (2) by striking paragraph (7). (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to Federal Pell Grants awarded under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) for award year 2014- 2015 and each succeeding award year. SEC. 5. YEAR-ROUND FEDERAL PELL GRANT STUDENTS. (a) In General.--Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)), as amended by section 4, is further amended by adding at the end the following: ``(7) Year-Round Federal Pell Grant Students.-- ``(A) In general.--Notwithstanding any other provision of this subsection, the Secretary shall award, to an eligible student who has received a Federal Pell Grant for an award year and is enrolled in a program of study for 1 or more additional payment periods during the same award year that are not otherwise covered by the student's Federal Pell Grant, an additional Federal Pell Grant for the additional payment periods. ``(B) Amounts.--In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of the Federal Pell Grants awarded to such student for the award year may exceed the total maximum Federal Pell Grant for such award year, as calculated under clauses (i) and (ii) of paragraph (2)(A). ``(C) Inclusion in duration limit.--Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student's duration limit under subsection (c)(5). ``(8) Crossover Period.--In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on July 1, 2014.

Pell Grant Protection Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to set the maximum Federal Pell Grant for which a student may be eligible for an award year at a specified amount, increased for inflation each year, plus any additional amount specified in the last enacted appropriation Act applicable to that award year. Appropriates for FY2015 and each succeeding fiscal year such sums as may be necessary to provide, in combination with any amounts separately appropriated for the additional Pell Grant amount, each eligible student with the maximum Pell Grant amount, minus the student's expected family contribution. (This converts the Pell Grant program into a mandatory spending program.) Directs the Secretary of Education to award an additional Pell Grant to an eligible student who: (1) has received a Pell Grant for an award year, and (2) is enrolled in a program of study for one or more additional payment periods during the same award year that are not otherwise covered by the Pell Grant. Permits the total amount of the Pell Grants awarded to such student for the award year to exceed the total maximum Pell Grant for such award year.

{"src": "billsum_train", "title": "Pell Grant Protection Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Checking Modernization Act''. SEC. 2. AMENDMENTS RELATING TO DEMAND DEPOSIT ACCOUNTS AT DEPOSITORY INSTITUTIONS. (a) Interest-Bearing Transaction Accounts Authorized.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended by inserting at the end the following: ``Notwithstanding any other provision of this section, a member bank may permit the owner of any deposit, any account which is a deposit, or any account on which interest or dividends are paid to make up to 24 transfers per month (or such greater number as the Board may determine by rule or order), for any purpose, to a demand deposit account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account for purposes of this Act.''. (2) Home owners' loan act.-- (A) In general.--Section 5(b)(1) of the Home Owners' Loan Act (12 U.S.C. 1464 (b)(1)) is amended by adding at the end the following new subparagraph: ``(G) Transfers.--Notwithstanding any other provision of this paragraph, a Federal savings association may permit the owner of any deposit or share, any account which is a deposit or share, or any account on which interest or dividends are paid to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order under section 19(i) to be permissible for member banks), for any purpose, to a demand deposit account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act) for purposes of the Federal Reserve Act.''. (B) Repeal.--Effective at the end of the 3-year period beginning on the date of the enactment of this Act, section 5(b)(1) of the Home Owners' Loan Act (12 U.S.C. 1464 (b)(1)) is amended by striking subparagraph (G). (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended by adding at the end the following new paragraph: ``(3) Transfers.--Notwithstanding any other provision of this subsection, an insured nonmember bank or insured State savings association may permit the owner of any deposit or share, any account which is a deposit or share, or any account on which interest or dividends are paid to make up to 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order under section 19(i) to be permissible for member banks), for any purpose, to a demand deposit account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act) for purposes of the Federal Reserve Act.''. (b) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The 1st sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (c) Effective Date.--The amendments made by subsection (b) shall take effect at the end of the 3-year period beginning on the date of the enactment of this Act. SEC. 3. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2) of the Federal Reserve Act (12 U.S.C. 461(b)(2)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent''; and (2) in clause (ii), by striking ``and not less than 8 per centum''. Passed the House of Representatives April 11, 2000. Attest: JEFF TRANDAHL, Clerk.

Eliminates the minimum mandatory reserve ratios for depository institutions.

{"src": "billsum_train", "title": "Business Checking Modernization Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retirement Equity Act of 2001''. SEC. 2. CONCURRENT PAYMENT OF RETIRED PAY AND COMPENSATION. (a) Limitation on Duplication of Benefits.--Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1414. Concurrent payment of retired pay and veterans' disability compensation ``(a) Payment of Both Retired Pay and Compensation.--Except as provided in subsections (c) and (d), a member or former member of the uniformed services who is entitled to retired pay (other than as specified in subsection (b)) and who is also entitled to veterans' disability compensation is entitled to be paid both without regard to sections 5304 and 5305 of title 38. ``(b) Exception.--Subsection (a) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title at the time of the member's retirement. ``(c) Proportional Reduction in Retired Pay.--In the case of a person described in subsection (a) who is receiving both retired pay and veterans' disability compensation, the amount of that person's retired pay shall be reduced (but not below zero) based on the rating of the person's disability for veterans' disability compensation purposes as follows: ``(1) If and while the disability is rated 10 percent, by the amount equal to 90 percent of the amount of the disability compensation paid such person. ``(2) If and while the disability is rated 20 percent, by the amount equal to 80 percent of the amount of the disability compensation paid such person. ``(3) If and while the disability is rated 30 percent, by the amount equal to 70 percent of the amount of the disability compensation paid such person. ``(4) If and while the disability is rated 40 percent, by the amount equal to 60 percent of the amount of the disability compensation paid such person. ``(5) If and while the disability is rated 50 percent, by the amount equal to 50 percent of the amount of the disability compensation paid such person. ``(6) If and while the disability is rated 60 percent, by the amount equal to 40 percent of the amount of the disability compensation paid such person. ``(7) If and while the disability is rated 70 percent, by the amount equal to 30 percent of the amount of the disability compensation paid such person. ``(8) If and while the disability is rated 80 percent, by the amount equal to 20 percent of the amount of the disability compensation paid such person. ``(9) If and while the disability is rated 90 percent, by the amount equal to 10 percent of the amount of the disability compensation paid such person. The retired pay of a person entitled to disability compensation may not be reduced under this subsection if and while the disability of such person is rated as total. ``(d) Special Rule for Chapter 61 Career Retirees.--Notwithstanding subsection (c), in the case of a retired member described in subsection (a) who retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title at the time of the member's retirement, the amount of the member's retired pay shall be the lesser of the following: ``(1) The amount of retired pay determined in accordance with subsection (c). ``(2) The amount of retired pay determined subject to the applicability of sections 5304 and 5305 of title 38, but not less than the amount of retired pay to which the member would have been entitled under any other provision law based upon the member's service in the uniformed services if the member had not been retired under chapter 61 of this title. ``(e) Definitions.--In this section: ``(1) The term `retired pay' includes retainer pay, emergency officers' retirement pay, and naval pension. ``(2) The term `veterans' disability compensation' has the meaning given the term `compensation' in section 101(12) of title 38.''. (b) Repeal of Special Compensation Program.--Section 1413 of such title is repealed. (c) Clerical Amendments.--The table of sections at the beginning of such chapter is amended-- (1) by striking the item relating to section 1413; and (2) by adding at the end the following new item: ``1414. Concurrent payment of retired pay and veterans' disability compensation.''. SEC. 3. EFFECTIVE DATE; PROHIBITION ON RETROACTIVE BENEFITS. (a) In General.--The amendments made by this Act shall take effect on-- (1) the first day of the first month that begins after the date of the enactment of this Act; or (2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted, if later than the date specified in paragraph (1). (b) Retroactive Benefits.--No benefits may be paid to any person by reason of section 1414 of title 10, United States Code, as added by the amendment made by section 2(a), for any period before the effective date specified in subsection (a).

Military Retirement Equity Act of 2001 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability, with an exception for members retired with less than 20 years of creditable service.Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total.Provides retired pay amounts for members who retired with 20 years or more of service due to a physical disability.

{"src": "billsum_train", "title": "To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability to receive a portion of their military retired pay concurrently with veterans' disability compensation."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007''. SEC. 2. FINDINGS. (a) Findings.--Congress finds that-- (1) the Pick-Sloan Missouri River Basin program, authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891), was intended to promote the general economic development of the United States; (2) the Oahe Dam and Reservoir Project-- (A) is a major component of the Pick-Sloan Missouri River Basin program; and (B) contributes to the national economy; (3) the Oahe Dam and Reservoir Project flooded the fertile bottom land of the Cheyenne River Sioux Reservation, which greatly damaged the economy and cultural resources of the Cheyenne River Sioux Tribe and caused the loss of many homes and communities of members of the Tribe; (4) Congress has provided compensation to several Indian tribes, including the Cheyenne River Sioux Tribe, that border the Missouri River and suffered injury as a result of 1 or more of the Pick-Sloan projects; (5) on determining that the compensation paid to the Cheyenne River Sioux Tribe was inadequate, Congress enacted the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365), which created the Cheyenne River Sioux Tribal Recovery Trust Fund; and (6) that Act did not provide for additional compensation to members of the Cheyenne River Sioux Tribe that lost land as a result of the Oahe Dam and Reservoir Project. (b) Purposes.--The purposes of this Act are-- (1) to provide that the Cheyenne River Sioux Tribal Recovery Trust Fund may be used to provide compensation to members of the Cheyenne River Sioux Tribe that lost land as a result of the Oahe Dam and Reservoir Project; and (2) to provide for the capitalization of the Cheyenne River Sioux Tribal Recovery Trust Fund. SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION. (a) Findings and Purposes.--Section 102 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended-- (1) in subsection (a)(3), by striking subparagraphs (A) and (B) and inserting the following: ``(A) the United States did not justly or fairly compensate the Tribe and member landowners for the Oahe Dam and Reservation project, under which the United States acquired 104,492 acres of land of the Tribe and member landowners; and ``(B) the Tribe and member landowners should be adequately compensated for that land;''; and (2) in subsection (b)(1), by inserting ``and member landowners'' after ``Tribe'' each place it appears. (b) Definitions.--Section 103 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended-- (1) by redesignating paragraph (1) as paragraph (3) and moving the paragraph so as to appear after paragraph (2); and (2) by inserting before paragraph (2) the following: ``(1) Member landowner.--The term `member landowner' means a member of the Tribe (or an heir of such a member) that owned land (including land allotted under the Act of February 8, 1887 (24 Stat. 388, chapter 119)) located on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project.''. (c) Cheyenne River Sioux Tribal Recovery Trust Fund.--Section 104 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Funding.--On the first day of the fiscal year beginning after the date of enactment of the Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007 and on the first day of each of the following 4 fiscal years (referred to in this section as the `capitalization dates'), the Secretary of the Treasury shall deposit into the Fund, from amounts in the general fund of the Treasury-- ``(1) $58,144,591.60; and ``(2) an additional amount equal to the amount of interest that would have accrued if-- ``(A) the amount described in paragraph (1) had been-- ``(i) credited to the principal account as described in subsection (c)(2)(B)(i)(I) on the first day of the fiscal year beginning October 1, 2001; and ``(ii) invested as described in subsection (c)(2)(C) during the period beginning on the date described in clause (i) and ending on the last day of the fiscal year before the fiscal year in which that amount is deposited into the Fund; and ``(B) the interest that would have accrued under subparagraph (A) during the period described in subparagraph (A)(ii) had been-- ``(i) credited to the interest account under subsection (c)(2)(B)(ii); and ``(ii) invested during that period in accordance with subsection (c)(2)(D)(i).''; (2) by striking subsection (c) and inserting the following: ``(c) Investments.-- ``(1) Eligible obligations.--Notwithstanding any other provision of law, the Secretary of the Treasury shall invest the Fund only in interest-bearing obligations of the United States issued directly to the Fund. ``(2) Investment requirements.-- ``(A) In general.--The Secretary of the Treasury shall invest the Fund in accordance with this paragraph. ``(B) Separate investments of principal and interest.-- ``(i) Principal account.--The amounts deposited into the Fund under subsection (b)(1) shall be-- ``(I) credited to a principal account within the Fund (referred to in this paragraph as the `principal account'); and ``(II) invested in accordance with subparagraph (C). ``(ii) Interest account.-- ``(I) In general.--The interest earned from investing amounts in the principal account shall be-- ``(aa) transferred to a separate interest account within the Fund (referred to in this paragraph as the `interest account'); and ``(bb) invested in accordance with subparagraph (D). ``(II) Crediting.--The interest earned from investing amounts in the interest account, and the amounts deposited into the Fund under subsection (b)(2), shall be credited to the interest account. ``(C) Investment of principal account.-- ``(i) Initial investment.--Amounts in the principal account shall be initially invested in eligible obligations with the shortest available maturity. ``(ii) Subsequent investments.-- ``(I) In general.--On the date on which the amount in the principal account is divisible into 3 substantially equal portions, each portion shall be invested in eligible obligations that are identical (except for transferability) to the next-issued publicly-issued Treasury obligations having a 2-year maturity, a 5-year maturity, and a 10-year maturity, respectively. ``(II) Maturity of obligations.--As each 2-year, 5-year, and 10-year eligible obligation under subclause (I) matures, the principal of the maturing eligible obligation shall be initially invested in accordance with clause (i) until the date on which the principal is reinvested substantially equally in the eligible obligations that are identical (except for transferability) to the next-issued publicly-issued Treasury obligations having 2-year, 5- year, and 10-year maturities. ``(iii) Discontinuation of issuance of obligations.--If the Department of the Treasury discontinues issuing to the public obligations having 2-year, 5-year, or 10-year maturities, the principal of any maturing eligible obligation shall be reinvested substantially equally in available eligible obligations that are identical (except for transferability) to the next-issued publicly-issued Treasury obligations with maturities of longer than 1 year. ``(D) Investment of interest account.-- ``(i) Before each capitalization date.--For purposes of subsection (b)(2)(B), amounts considered as if they were in the interest account of the Fund shall be invested in eligible obligations that are identical (except for transferability) to publicly-issued Treasury obligations that have maturities that coincide, to the greatest extent practicable, with the applicable capitalization date for the Fund. ``(ii) On and after each capitalization date.--On and after each capitalization date, amounts in the interest account shall be invested and reinvested in eligible obligations that are identical (except for transferability) to publicly-issued Treasury obligations that have maturities that coincide, to the greatest extent practicable, with the date on which the amounts will be withdrawn by the Secretary of the Treasury and transferred to the Secretary of the Interior for use in accordance with subsection (d). ``(E) Par purchase price.-- ``(i) In general.--To preserve in perpetuity the amount in the principal account, the purchase price of an eligible obligation purchased as an investment of the principal account shall not exceed the par value of the obligation. ``(ii) Treatment.--At the maturity of an eligible obligation described in clause (i), any discount from par in the purchase price of the eligible obligation shall be treated as interest paid at maturity. ``(F) Holding to maturity.--Eligible obligations purchased pursuant to this paragraph shall be held to their maturities. ``(3) Annual review of investment activities.--Not less frequently than once each calendar year, the Secretary of the Treasury shall review with the Tribe the results of the investment activities and financial status of the Fund during the preceding calendar year. ``(4) Modifications.-- ``(A) In general.--If the Secretary of the Treasury determines that investing the Fund in accordance with paragraph (2) is not practicable or would result in adverse consequences to the Fund, the Secretary of the Treasury shall modify the requirements to the least extent necessary, as determined by the Secretary of the Treasury. ``(B) Consultation.--Before making a modification under subparagraph (A), the Secretary of the Treasury shall consult with the Tribe with respect to the modification.''; (3) in subsection (d), by striking paragraph (1) and inserting the following: ``(1) Withdrawal of interest.--Beginning on the first day of the fiscal year beginning after the date of enactment of the Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007, and on the first day of each fiscal year thereafter, the Secretary of the Treasury shall withdraw and transfer all funds in the interest account of the Fund to the Secretary of the Interior for use in accordance with paragraph (2), to be available without fiscal year limitation.''; and (4) in subsection (f)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3) Member landowners.-- ``(A) Additional compensation.-- ``(i) In general.--Except as provided in clause (iii), the plan may provide for the payment of additional compensation to member landowners for acquisition of land by the United States for use in the Oahe Dam and Reservoir Project. ``(ii) Determination of heirs.--An heir of a member land owner shall be determined pursuant to the applicable probate code of the Tribe. ``(iii) Exception.--During any fiscal year, payments of additional compensation to a member landowner under clause (i) shall not-- ``(I) be deposited or transferred into-- ``(aa) the Individual Indian Money account of the member landowner; or ``(bb) any other fund held by the United States on behalf of the member landowner; or ``(II) exceed an amount equal to 44.3 percent of the amount transferred by the Secretary of the Interior to the Tribe under paragraph (2). ``(B) Provision of records.--To assist the Tribe in processing claims of heirs of member landowners for land acquired by the United States for use in the Oahe Dam and Reservoir Project, the Secretary of the Interior shall provide to the Tribe, in accordance with applicable laws (including regulations), any record requested by the Tribe to identify the heirs of member landowners by the date that is 90 days after the date of receipt of a request from the Tribe.''. (d) Eligibility of Tribe for Certain Programs and Services.-- Section 105 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended in the matter preceding paragraph (1) by inserting ``or any member landowner'' after ``Tribe''. (e) Extinguishment of Claims.--Section 107 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2368) is amended to read as follows: ``SEC. 107. EXTINGUISHMENT OF CLAIMS. ``(a) In General.--On the date on which the final payment is deposited into the Fund under section 104(b), all monetary claims that the Tribe has or may have against the United States for the taking by the United States of land and property of the Tribe for the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri River Basin program shall be extinguished. ``(b) Effect of Acceptance of Payment.--On acceptance by a member landowner or an heir of a member landowner of any payment by the Tribe for damages resulting from the taking by the United States of land or property of the Tribe for the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri River Basin program, all monetary claims that the member landowner or heir has or may have against the United States for the taking shall be extinguished.''. Passed the House of Representatives May 7, 2007. Attest: LORRAINE C. MILLER, Clerk.

Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007 - Amends the Cheyenne River Sioux Tribe Equitable Compensation Act to make member landowners eligible for the additional financial compensation provided to the Cheyenne River Sioux Tribe for the acquisition by the federal government of 104,492 acres of land of the Tribe and member landowners for the Oahe Dam and Reservoir project. Defines "member landowner" as a member of the Tribe (or an heir of such a member) that owned land on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri River Basin program. Directs the Secretary of the Treasury to make five annual deposits into the Cheyenne River Sioux Tribal Recovery Trust Fund. Rewrites requirements concerning the investment of the Trust Fund. Requires the investment of separate principal and interest accounts within such Fund. Instructs the Secretary of the Treasury: (1) to annually review with the Tribe the results of the investment activities and financial status of the Fund; and (2) if investing the Fund pursuant to such requirements is not practicable or would result in adverse consequences, to modify those requirements to the least extent necessary. Authorizes the plan prepared for the use of payments to the Tribe to provide for payment of additional compensation to member landowners. Requires the Secretary of the Interior to assist the Tribe in claims processing by providing any record requested to identify the heirs of member landowners within 90 days after receiving a request. Extinguishes all monetary claims of a member landowner or an heir of a member landowner against the United States for the taking by the United States of land or property of the Tribe for the Oahe Dam and Reservoir Project upon acceptance by such member landowner or heir of any payment by the Tribe for damages resulting from the taking.

{"src": "billsum_train", "title": "To amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damage resulting from the Oahe Dam and Reservoir Project, and for other purposes."}

SECTION 1. AUTHORITY TO CARRY OUT BASE CLOSURE ROUNDS IN 2001 AND 2003. (a) Commission Matters.-- (1) Appointment.--Subsection (c)(1) of section 2902 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (A) in subparagraph (B)-- (i) by striking ``and'' at the end of clause (ii); (ii) by striking the period at the end of clause (iii) and inserting a semicolon; and (iii) by adding at the end the following new clauses (iv) and (v): ``(iv) by no later than March 1, 2001, in the case of members of the Commission whose terms will expire at the end of the first session of the 107th Congress; and ``(v) by no later than January 3, 2003, in the case of members of the Commission whose terms will expire at the end of the first session of the 108th Congress.''; and (B) in subparagraph (C), by striking ``or for 1995 in clause (iii) of such subparagraph'' and inserting ``, for 1995 in clause (iii) of that subparagraph, for 2001 in clause (iv) of that subparagraph, or for 2003 in clause (v) of that subparagraph''. (2) Meetings.--Subsection (e) of that section is amended by striking ``and 1995'' and inserting ``1995, 2001, and 2003''. (3) Staff.--Subsection (i)(6) of that section is amended in the matter preceding subparagraph (A) by striking ``and 1994'' and inserting ``, 1994, and 2002''. (4) Funding.--Subsection (k) of that section is amended by adding at the end the following new paragraph (4): ``(4) If no funds are appropriated to the Commission by the end of the second session of the 106th Congress for the activities of the Commission in 2001 or 2003, the Secretary may transfer to the Commission for purposes of its activities under this part in either of those years such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purposes until expended.''. (5) Termination.--Subsection (l) of that section is amended by striking ``December 31, 1995'' and inserting ``December 31, 2003''. (b) Procedures.-- (1) Force-structure plan.--Subsection (a)(1) of section 2903 of that Act is amended by striking ``and 1996,'' and inserting ``1996, 2002, and 2004,''. (2) Selection criteria.--Subsection (b) of such section 2903 is amended-- (A) in paragraph (1), by inserting ``and by no later than January 28, 2001, for purposes of activities of the Commission under this part in 2001 and 2003,'' after ``December 31, 1990,''; and (B) in paragraph (2)(A)-- (i) in the first sentence, by inserting ``and by no later than March 15, 2001, for purposes of activities of the Commission under this part in 2001 and 2003,'' after ``February 15, 1991,''; and (ii) in the second sentence, by inserting ``, or enacted on or before April 15, 2001, in the case of criteria published and transmitted under the preceding sentence in 2001'' after ``March 15, 1991''. (3) Department of defense recommendations.--Subsection (c) of such section 2903 is amended-- (A) in paragraph (1), by striking ``and March 1, 1995,'' and inserting ``March 1, 1995, May 1, 2001, and March 1, 2003,''; (B) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; (C) by inserting after paragraph (3) the following new paragraph (4): ``(4)(A) In making recommendations to the Commission under this subsection in any year after 1999, the Secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the closure or realignment of the installation. ``(B) Notwithstanding the requirement in subparagraph (A), the Secretary shall make the recommendations referred to in that subparagraph based on the force-structure plan and final criteria otherwise applicable to such recommendations under this section. ``(C) The recommendations made by the Secretary under this subsection in any year after 1999 shall include a statement of the result of the consideration of any notice described in subparagraph (A) that is received with respect to an installation covered by such recommendations. The statement shall set forth the reasons for the result.''; and (D) in paragraph (7), as so redesignated-- (i) in the first sentence, by striking ``paragraph (5)(B)'' and inserting ``paragraph (6)(B)''; and (ii) in the second sentence, by striking ``24 hours'' and inserting ``48 hours''. (4) Commission review and recommendations.--Subsection (d) of such section 2903 is amended-- (A) in paragraph (2)(A), by inserting ``or by no later than September 1 in the case of recommendations in 2001,'' after ``pursuant to subsection (c),''; (B) in paragraph (4), by inserting ``or after September 1 in the case of recommendations in 2001,'' after ``under this subsection,''; and (C) in paragraph (5)(B), by inserting ``or by no later than June 15 in the case of such recommendations in 2001,'' after ``such recommendations,''. (5) Review by president.--Subsection (e) of such section 2903 is amended-- (A) in paragraph (1), by inserting ``or by no later than September 15 in the case of recommendations in 2001,'' after ``under subsection (d),''; (B) in the second sentence of paragraph (3), by inserting ``or by no later than October 15 in the case of 2001,'' after ``the year concerned,''; and (C) in paragraph (5), by inserting ``or by November 1 in the case of recommendations in 2001,'' after ``under this part,''. (c) Closure and Realignment of Installations.--Section 2904(a) of that Act is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following new paragraph (3): ``(3) carry out the privatization in place of a military installation recommended for closure or realignment by the Commission in each such report after 1999 only if privatization in place is a method of closure or realignment of the installation specified in the recommendation of the Commission in such report and is determined to be the most-cost effective method of implementation of the recommendation;''. (d) Relationship to Other Base Closure Authority.--Section 2909(a) of that Act is amended by striking ``December 31, 1995,'' and inserting ``December 31, 2003,''. (e) Technical and Clarifying Amendments.-- (1) Commencement of period for notice of interest in property for homeless.--Section 2905(b)(7)(D)(ii)(I) of that Act is amended by striking ``that date'' and inserting ``the date of publication of such determination in a newspaper of general circulation in the communities in the vicinity of the installation under subparagraph (B)(i)(IV)''. (2) Other clarifying amendments.-- (A) That Act is further amended by inserting ``or realignment'' after ``closure'' each place it appears in the following provisions: (i) Section 2905(b)(3). (ii) Section 2905(b)(4)(B)(ii). (iii) Section 2905(b)(5). (iv) Section 2905(b)(7)(B)(iv). (v) Section 2905(b)(7)(N). (vi) Section 2910(10)(B). (B) That Act is further amended by inserting ``or realigned'' after ``closed'' each place it appears in the following provisions: (i) Section 2905(b)(3)(C)(ii). (ii) Section 2905(b)(3)(D). (iii) Section 2905(b)(3)(E). (iv) Section 2905(b)(4)(A). (v) Section 2905(b)(5)(A). (vi) Section 2910(9). (vii) Section 2910(10). (C) Section 2905(e)(1)(B) of that Act is amended by inserting ``, or realigned or to be realigned,'' after ``closed or to be closed''.

Amends the Defense Base Closure and Realignment Act of 1990 to: (1) provide for continued appointments to the Defense Base Closure and Realignment Commission, authorize the Secretary of Defense to transfer funds for future Commission expenses, and extend Commission authority through December 31, 2003; (2) require the Secretary to include within budget justification documents a force structure plan for the armed forces through FY 2004 (currently, FY 1996); and (3) extend similarly the dates for submission of final selection criteria used for the closure or realignment of military installations, Department of Defense recommendations for such closures or realignments, Commission review and recommendations, presidential review, and final base closures and realignments. Terminates on December 31, 2003 (currently, 1995), the authority to close or realign such installations.

{"src": "billsum_train", "title": "A bill to authorize additional rounds of base closures and realignments under the Defense Base Closure and Realignment Act of 1990 in 2001 and 2003, and for other purposes."}

SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES TO NONPROFIT ORGANIZATIONS. (a) Definitions.--In this section: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Facility.--The term ``facility'' means any real property, including any building, improvement, or appurtenance. (3) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (5) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (6) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Limitation on Liability.-- (1) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization if-- (A) the use occurs outside of the scope of business of the business entity; (B) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (C) the business entity authorized the use of such facility by the nonprofit organization. (2) Application.--This subsection shall apply-- (A) with respect to civil liability under Federal and State law; and (B) regardless of whether a nonprofit organization pays for the use of a facility. (c) Exception for Liability.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability for a business entity for an injury or death with respect to which conditions under subparagraphs (A) through (C) of subsection (b)(1) apply. (2) Limitation.--Nothing in this Act shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provisions.

Exempts a business entity from civil liability for any injury or death occurring at such entity's facility in connection with the use of such facility by a nonprofit organization if: (1) the use occurs outside of the scope of the business of the entity; (2) the injury or death occurs while the facility is being used by the organization; and (3) the entity authorized the organization's use of the facility. Provides an exception for an injury or death that results from an entity's act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, and misconduct that violates Federal or State civil rights laws. Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State.

{"src": "billsum_train", "title": "A bill to limit the civil liability of business entities providing use of facilities to nonprofit organizations."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Restoration Act''. SEC. 2. LONG ISLAND SOUND DEMONSTRATION PROGRAM. (a) In General.--The Administrator shall carry out a demonstration program under which the Administrator may make grants on an annual basis to the States of New York and Connecticut in accordance with this section. (b) Purposes.--The Administrator shall carry out the program under subsection (a)-- (1) to demonstrate methods of restoring and maintaining the water quality of designated bays and harbors of Long Island Sound at which water quality standards adopted pursuant to section 303 of the Federal Water Pollution Control Act have not been achieved or at which other significant water quality degradation has occurred; (2) to demonstrate the importance of controlling nonpoint sources of pollution in restoring and maintaining water quality; (3) to enhance opportunities for water-dependent recreational activities, maintain a healthy ecosystem, protect and enhance marine life, minimize health risks associated with human consumption of shellfish and finfish, and ensure that social and economic benefits to the general public associated with Long Island Sound are advanced; and (4) to advance goals and recommendations contained in the Comprehensive Conservation and Management Plan of the Long Island Sound Study developed pursuant to section 320 of the Federal Water Pollution Control Act. (c) Designation of Bays and Harbors.-- (1) In general.--In order to be eligible to receive grants under subsection (a), the States of New York and Connecticut shall each designate in accordance with paragraphs (2) and (3) bays and harbors of Long Island Sound at which the State plans to carry out eligible activities with amounts of such grants and transmit such designations to the Administrator. (2) Designations by state of new york.--The State of New York shall designate pursuant to paragraph (1) one bay or harbor in each of the following 4 political subdivisions of the State of New York: Westchester County, Nassau County, Suffolk County, and New York City. (3) Designations by state of connecticut.--The State of Connecticut shall designate pursuant to paragraph (1) one bay or harbor in 2 of the following 4 political subdivisions of the State of Connecticut: Fairfield County, New Haven County, Middlesex County, and New London County. (4) Participation of management committee.--The States of New York and Connecticut shall each make designations pursuant to paragraph (1) in cooperation with the Management Committee of the Long Island Sound Study established pursuant to section 320 of the Federal Water Pollution Control Act. (5) Participation of new york city.--The State of New York shall designate a bay or harbor in New York City pursuant to paragraph (1) in cooperation with the Mayor of New York City (or the designee of the Mayor). (d) Terms and Conditions.--The Administrator may make a grant to a State under subsection (a) only if the State enters into an agreement with the Administrator which contains the following terms and conditions for receipt of the grant: (1) Use of grant.--Except as provided in paragraph (3), all amounts of the grant shall be used by the State-- (A) to carry out eligible activities and a monitoring program pursuant to paragraph (4) at bays and harbors designated by the State pursuant to subsection (c); and (B) to educate the public, in coordination with the office established pursuant to section 119 of the Federal Water Pollution Control Act, on the implementation and results of such eligible activities. (2) Distribution of grants amounts.--Equal amounts of the grant shall be used by the State for conducting eligible activities at each bay and harbor designated pursuant to subsection (c). (3) Administrative expenses.--Not to exceed 1.5 percent of the amount of the grant may be used by the State for staff salaries and other administrative expenses incurred by the State in carrying out activities with the grant. (4) Monitoring.--The State shall design and carry out a program for monitoring water quality at bays and harbors designated pursuant to paragraph (c) in order to determine the effectiveness of eligible activities being conducted by the State using amounts of the grant. Activities under such program shall be reviewed and evaluated by the Long Island Sound Study Scientific and Technical Advisory Committee and by the Long Island Sound Monitoring Work Group. (5) Reporting.--The State shall comply with reporting requirements contained in subsection (f). (e) Distribution of Grants.--The Administrator shall use \2/3\ of the amounts appropriated in a fiscal year to carry out this Act for making grants to the State of New York under subsection (a) and \1/3\ of such amounts for making grants to the State of Connecticut under subsection (a). (f) Reports.-- (1) Reports to the administrator.--A State receiving a grant under subsection (a) shall transmit to the Administrator, not later than 18 months after the date of receipt of the grant and biennially thereafter for the term of the program under subsection (a), a report on eligible activities carried out by the State using amounts of the grant and on the results of the monitoring program carried out by the State pursuant to subsection (d)(4), including a summary of evaluations conducted pursuant to subsection (d)(4). Any such report may be transmitted as part of a report submitted by the State pursuant to section 320(h) of the Federal Water Pollution Control Act. (2) Report to congress.--On or before the last day of the 5th fiscal year beginning after the date of the enactment of this Act, the Administrator shall transmit to Congress a report on the results of the program conducted under subsection (a), together with an analysis on the extent to which the purposes described in subsection (b)(3) have been realized and recommendations for appropriate administrative and legislative actions. (g) Non-Federal Share.--The non-Federal share of the cost of activities carried out with amounts from grants under subsection (a) in a fiscal year shall be 30 percent. One-sixth of such non-Federal share shall be provided by sources in the locality in which such activities are carried out. (h) Definitions.--For the purposes of this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible activity.--The term ``eligible activity'' means an activity conducted for the purpose of addressing one or more of the following problems: (A) Pollutants from nonpoint sources.--Urban and suburban runoff of pollutants into Long Island Sound from forestry, agriculture, and other land uses. Such pollutants include sediments associated with logging, pesticides, fertilizers, animal waste, litter, overflows from failing septic systems, leaching of contaminants from landfills, and discharges from coastal development and construction sites. (B) Waste from recreational boats.--The discharge of waste into Long Island Sound from recreational boats and the leaching of antifouling paints. (C) Pollutants carried by rivers.--Pollutants which are carried by rivers into Long Island Sound. (D) Airborne pollutants.--Airborne pollutants which are emitted and attached to or absorbed by moisture and particles in the environment and which enter Long Island Sound. (E) Wetlands degradation.--The deterioration of tidal wetlands of Long Island Sound from their natural state and the adverse effects of such deterioration on near-shore habitat. (F) Pollutants from point sources.--Pollutants discharged into Long Island Sound from a discharge pipe, sewage treatment plant, or industrial facility. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $50,000,000 per fiscal year for each of the first 5 fiscal years beginning after the date of the enactment of this Act.

Long Island Sound Restoration Act - Directs the Administrator of the Environmental Protection Agency to carry out a demonstration program to make annual grants to the States of New York and Connecticut for: (1) demonstrating methods of restoring and maintaining the water quality of designated bays and harbors of Long Island Sound at which water quality standards pursuant to the Federal Water Pollution Control Act have not been achieved or at which other significant water quality degradation has occurred; (2) demonstrating the importance of controlling nonpoint sources of pollution in restoring and maintaining water quality; (3) enhancing opportunities for water-dependent recreational activities, maintaining a healthy ecosystem, protecting and enhancing marine life, minimizing health risks associated with human consumption of shellfish and finfish, and ensuring that social and economic benefits to the public associated with the Sound are advanced; and (4) advancing goals and recommendations of the Comprehensive Conservation and Management Plan of the Long Island Sound Study. Requires the States of New York and Connecticut, in order to be eligible for grants, to designate bays and harbors of the Sound at which eligible activities will be carried out. Requires grants to be used to: (1) carry out eligible activities and monitoring programs at designated bays and harbors; and (2) educate the public on the implementation and results of such activities. Authorizes appropriations.

{"src": "billsum_train", "title": "Long Island Sound Restoration Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans and Survivors Employment and Training Act of 2007''. SEC. 2. EXPANSION OF EDUCATION PROGRAMS ELIGIBLE FOR ACCELERATED PAYMENT OF EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL. (a) In General.--Subsection (b) of section 3014A of title 38, United States Code, is amended by striking paragraph (1) and inserting the following new paragraph (1): ``(1) enrolled in either-- ``(A) an approved program of education that leads to employment in a high technology occupation in a high technology industry (as determined pursuant to regulations prescribed by the Secretary); or ``(B) an approved program of education lasting less than two years that leads to employment in a sector of the economy, as identified by the Department of Labor, that-- ``(i) is projected to-- ``(I) experience a substantial increase in the number of jobs; or ``(II) positively affect the growth of another sector of the economy; or ``(ii) consists of existing or emerging businesses that are being transformed by technology and innovation and require new skills for workers; and''. (b) Conforming Expansion of Program of Education.--Such section is further amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): ``(g) For purposes of this section, a program of education includes a program of education (as defined in section 3002(3) of this title) pursued at a tribally controlled college or university (as such term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801)).''. (c) Conforming Amendments.-- (1) Heading amendment.--The heading of such section is amended to read as follows: ``Sec. 3014A. Accelerated payment of basic educational assistance''. (2) Clerical amendment.--The item relating to such section in the table of sections at the beginning of chapter 30 of such title is amended to read as follows: ``3014A. Accelerated payment of basic educational assistance.''. SEC. 3. ACCELERATED PAYMENT OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE FOR CERTAIN PROGRAMS OF EDUCATION. (a) In General.--Subchapter IV of chapter 35 of title 38, United States Code, is amended by inserting after section 3532 the following new section: ``Sec. 3532A. Accelerated payment of educational assistance allowance ``(a) The educational assistance allowance payable under section 3531 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on accelerated basis in accordance with this section. ``(b) An eligible person described in this subsection is an individual who is-- ``(1) enrolled in either-- ``(A) an approved program of education that leads to employment in a high technology occupation in a high technology industry (as determined pursuant to regulations prescribed by the Secretary); or ``(B) an approved program of education lasting less than two years that leads to employment in a sector of the economy, as identified by the Department of Labor, that-- ``(i) is projected to-- ``(I) experience a substantial increase in the number of jobs; or ``(II) positively affect the growth of another sector of the economy; or ``(ii) consists of existing or emerging businesses that are being transformed by technology and innovation and require new skills for workers; and ``(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the individual under section 3531 of this title. ``(c)(1) The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of-- ``(A) the amount equal to 60 percent of the established charges for the program of education; or ``(B) the aggregate amount of educational assistance allowance to which the individual remains entitled under this chapter at the time of the payment. ``(2) In this subsection, the term `established charges', in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis: ``(A) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester. ``(B) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education. ``(3) The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary the amount of the established charges for the program of education. ``(d) An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary receives a certification from the educational institution regarding-- ``(1) the person's enrollment in and pursuit of the program of education; and ``(2) the amount of the established charges for the program of education. ``(e)(1) Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the person's entitlement to basic educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 3531 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made. ``(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 3531 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the person's entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary. ``(f) The Secretary may not make an accelerated payment of educational assistance allowance under this section for a program of education with respect to an eligible person who has received an advance payment under section 3680(d) of this title for the same enrollment period. ``(g) For purposes of this section, a program of education includes a program of education (as defined in section 3002(3) of this title) pursued at a tribally controlled college or university (as such term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801)). ``(h) The Secretary shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of this title as the Secretary considers appropriate for purposes of this section''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 35 of such title is amended by inserting after the item relating to section 3532 the following new item: ``3532A. Accelerated payment of educational assistance allowance.''.

Veterans and Survivors Employment and Training Act of 2007 - Permits accelerated payments of educational assistance under the Montgomery GI Bill to an individual enrolled in an approved program of education that either: (1) leads to employment in a high technology occupation in a high technology industry; or (2) lasts less than two years and leads to employment in a sector of the economy that is projected to experience a substantial increase in the number of jobs, positively affect the growth of another sector of the economy, or consists of existing or emerging businesses that are being transformed by technology and innovation and require new skills for workers. Includes as an authorized program for purposes of such assistance a program of education pursued at a tribally controlled college or university as defined under the Tribally Controlled College or University Assistance Act of 1978. Permits accelerated payments, with the same requirements, for eligible individuals under the survivors' and dependents' educational assistance program, with added conditions.

{"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to expand the scope of programs of education for which accelerated payments of educational assistance under the Montgomery GI Bill may be used, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as ``Social Security Earnings Test Repeal Act of 2003''. SEC. 2. REPEAL OF PROVISIONS RELATING TO DEDUCTIONS ON ACCOUNT OF WORK. (a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act (42 U.S.C. 403) are repealed. (b) Conforming Amendments.--Section 203 of such Act (as amended by subsection (a)) is further amended-- (1) in subsection (c), by redesignating such subsection as subsection (b), and-- (A) by striking ``Noncovered Work Outside the United States or'' in the heading; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking ``For purposes of paragraphs (2), (3), and (4)'' and inserting ``For purposes of paragraphs (1), (2), and (3)''; and (D) by striking the last sentence; (2) in subsection (e), by redesignating such subsection as subsection (c), and by striking ``subsections (c) and (d)'' and inserting ``subsection (b)''; (3) in subsection (g), by redesignating such subsection as subsection (d), and by striking ``subsection (c)'' each place it appears and inserting ``subsection (b)''; and (4) in subsection (l), by redesignating such subsection as subsection (e), and by striking ``subsection (g) or (h)(1)(A)'' and inserting ``subsection (d)''. SEC. 3. ADDITIONAL CONFORMING AMENDMENTS. (a) Provisions Relating to Benefits Terminated Upon Deportation.-- Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is amended by striking ``Section 203 (b), (c), and (d)'' and inserting ``Section 203(b)''. (b) Provisions Relating to Exemptions From Reductions Based on Early Retirement.-- (1) Section 202(q)(5)(B) of such Act (42 U.S.C. 402(q)(5)(B)) is amended by striking ``section 203(c)(2)'' and inserting ``section 203(b)(1)''. (2) Section 202(q)(7)(A) of such Act (42 U.S.C. 402(q)(7)(A)) is amended by striking ``deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting ``deductions on account of work under section 203 or deductions under section 222(b)''. (c) Provisions Relating to Exemptions From Reductions Based on Disregard of Certain Entitlements to Child's Insurance Benefits.-- (1) Section 202(s)(1) of such Act (42 U.S.C. 402(s)(1)) is amended by striking ``paragraphs (2), (3), and (4) of section 203(c)'' and inserting ``paragraphs (1), (2), and (3) of section 203(b)''. (2) Section 202(s)(3) of such Act (42 U.S.C. 402(s)(3)) is amended by striking ``The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections'' and inserting ``Subsections''. (d) Provisions Relating to Suspension of Aliens' Benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking ``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''. (e) Provisions Relating to Reductions in Benefits Based on Maximum Benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c), and (d)'' and inserting ``and subsection (b)''. (f) Provisions Relating to Penalties for Misrepresentations Concerning Earnings for Periods Subject to Deductions on Account of Work.--Section 208(a)(1)(C) of such Act (42 U.S.C. 408(a)(1)(C)) is amended by striking ``under section 203(f) of this title for purposes of deductions from benefits'' and inserting ``under section 203 for purposes of deductions from benefits on account of work''. (g) Provisions Taking Into Account Earnings in Determining Benefit Computation Years.--Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by striking ``no earnings as described in section 203(f)(5) in such year'' and inserting ``no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year''. (h) Provisions Relating to Rounding of Benefits.--Section 215(g) of such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction under section 203(b)''. (i) Provisions Relating to Earnings Taken Into Account in Determining Substantial Gainful Activity of Blind Individuals.--The second sentence of section 223(d)(4)(A) of such Act (42 U.S.C. 423(d)(4)(A)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the Social Security Earnings Test Repeal Act of 2003 had not been enacted''. (j) Provisions Defining Income for Purposes of SSI.--Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended-- (1) by striking ``as determined under section 203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as defined in the last two sentences of this subsection''; and (2) by adding at the end (after and below paragraph (2)(G)) the following new sentences: ``For purposes of paragraph (1)(A), the term `wages' means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term `wages' shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee's employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(a)(11)(B) or in a pension plan of the employer.''. (k) Repeal of Deductions on Account of Work Under the Railroad Retirement Program.-- (1) In general.--Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a) is amended-- (A) by striking subsections (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments.-- (A) Section 3(f)(1) of such Act (45 U.S.C. 231b(f)(1)) is amended in the first sentence by striking ``before any reductions under the provisions of section 2(f) of this Act,''. (B) Section 4(g)(2) of such Act (45 U.S.C. 231c(g)(2)) is amended-- (i) in clause (i), by striking ``shall, before any deductions under section 2(g) of this Act,'' and inserting ``shall''; and (ii) in clause (ii), by striking ``any deductions under section 2(g) of this Act and before''. SEC. 4. EFFECTIVE DATE. The amendments and repeals made by this Act shall apply with respect to taxable years ending on or after the date of the enactment of this Act.

Social Security Earnings Test Repeal Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits.

{"src": "billsum_train", "title": "To amend title II of the Social Security Act to remove the limitation upon the amount of outside income which an individual may earn while receiving benefits under such title, and for other purposes."}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Parks Capital Improvements Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Fundraising organization. Sec. 4. Memorandum of agreement. Sec. 5. National park surcharge or set-aside. Sec. 6. Use of bond proceeds. Sec. 7. Administration. SEC. 2. DEFINITIONS. In this Act: (1) Fundraising organization.--The term ``fundraising organization'' means an entity authorized to act as a fundraising organization under section 3(a). (2) Memorandum of agreement.--The term ``memorandum of agreement'' means a memorandum of agreement entered into by the Secretary under section 3(a) that contains the terms specified in section 4. (3) National park foundation.--The term ``National Park Foundation'' means the foundation established under the Act entitled ``An Act to establish the National Park Foundation'', approved December 18, 1967 (16 U.S.C. 19e et seq.). (4) National park.--The term ``national park'' means-- (A) the Grand Canyon National Park; and (B) any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5,000,000. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FUNDRAISING ORGANIZATION. (a) In General.--The Secretary may enter into a memorandum of agreement under section 4 with an entity to act as an authorized fundraising organization for the benefit of a national park. (b) Bonds.--The fundraising organization for a national park shall issue taxable bonds in return for the surcharge or set-aside for that national park collected under section 5. (c) Professional Standards.--The fundraising organization shall abide by all relevant professional standards regarding the issuance of securities and shall comply with all applicable Federal and State law. (d) Audit.--The fundraising organization shall be subject to an audit by the Secretary. (e) No Liability for Bonds.-- (1) In general.--The United States shall not be liable for the security of any bonds issued by the fundraising organization. (2) Exception.--If the surcharge or set-aside described in section 5(a) for a national park is not imposed for any reason, or if the surcharge or set-aside is reduced or eliminated, the full faith and credit of the United States is pledged to the payment of-- (A) the bonds issued by a fundraising organization under subsection (b) for that national park; and (B) the interest accruing on the bonds. SEC. 4. MEMORANDUM OF AGREEMENT. The fundraising organization shall enter into a memorandum of agreement that specifies-- (1) the amount of the bond issue; (2) the maturity of the bonds, not to exceed 20 years; (3) the per capita amount required to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards; (4) the project or projects at the national park that will be funded with the bond proceeds and the specific responsibilities of the Secretary and the fundraising organization with respect to each project; and (5) procedures for modifications of the agreement with the consent of both parties based on changes in circumstances, including modifications relating to project priorities. SEC. 5. NATIONAL PARK SURCHARGE OR SET-ASIDE. (a) In General.--Notwithstanding any other provision of law, the Secretary may authorize the superintendent of a national park for which a memorandum of agreement is in effect-- (1) to charge and collect a surcharge in an amount not to exceed $2 for each individual otherwise subject to an entrance fee for admission to the national park; or (2) to set aside not more than $2 for each individual charged the entrance fee. (b) Surcharge in Addition to Entrance Fees.--A surcharge under subsection (a) shall be in addition to any entrance fee collected under-- (1) section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a); (2) the recreational fee demonstration program authorized by section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in Public Law 104-134; 110 Stat. 1321-156; 1321-200; 16 U.S.C. 460l-6a note); or (3) the national park passport program established under title VI of the National Parks Omnibus Management Act of 1998 (Public Law 105-391; 112 Stat. 3518; 16 U.S.C. 5991 et seq.). (c) Limitation.--The total amount charged or set aside under subsection (a) may not exceed $2 for each individual charged an entrance fee. (d) Use.--A surcharge or set-aside under subsection (a) shall be used by the fundraising organization to-- (1) amortize the bond issue; (2) provide for the reasonable costs of administration; and (3) maintain a sufficient reserve consistent with industry standards, as determined by the bond underwriter. (e) Excess Funds.--Any funds collected in excess of the amount necessary to fund the uses in subsection (d) shall be remitted to the National Park Foundation to be used for the benefit of all units of the National Park System. SEC. 6. USE OF BOND PROCEEDS. (a) Eligible Projects.-- (1) In general.--Subject to paragraph (2), bond proceeds under this Act may be used for a project for the design, construction, operation, maintenance, repair, or replacement of a facility in the national park for which the bond was issued. (2) Project limitations.--A project referred to in paragraph (1) shall be consistent with-- (A) the laws governing the National Park System; (B) any law governing the national park in which the project is to be completed; and (C) the general management plan for the national park. (3) Prohibition on use for administration.--Other than interest as provided in subsection (b), no part of the bond proceeds may be used to defray administrative expenses. (b) Interest on Bond Proceeds.-- (1) Authorized uses.--Any interest earned on bond proceeds may be used by the fundraising organization to-- (A) meet reserve requirements; and (B) defray reasonable administrative expenses incurred in connection with the management and sale of the bonds. (2) Excess interest.--All interest on bond proceeds not used for purposes of paragraph (1) shall be remitted to the National Park Foundation for the benefit of all units of the National Park System. SEC. 7. ADMINISTRATION. The Secretary, in consultation with the Secretary of Treasury, shall promulgate regulations to carry out this Act.

Exempts the United States from liability for such bonds unless the surcharge is not imposed for any reason or if it is reduced or eliminated in which case the full faith and credit of the United States is pledged to bond payment. Authorizes the Secretary to: (1) permit the Superintendent of the park to charge and collect, in addition to the entrance fee, a surcharge of not to exceed $2; or (2) set aside not more than $2 for each entrance fee. Requires: (1) the surcharge or set-aside to be used by the organization to amortize the bond issue, to provide for the reasonable costs of administration, and to maintain a sufficient reserve consistent with industry standards; and (2) any excess funds to be remitted to the National Park Foundation (NPF) to be used for the benefit of all National Park System (NPS) units. Allows bond proceeds to be used for a park facility project that is consistent with: (1) the laws governing the NPS and the park; and (2) the general management plan for the park. Requires interest earned on bond proceeds to be: (1) used by the organization to meet reserve requirements and defray reasonable administrative expenses; and (2) remitted to the NPF for the benefit of all NPS units, to the extent funds are available in excess of the amount required for projects.

{"src": "billsum_train", "title": "National Parks Capital Improvements Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Affordable Drugs Act of 2004''. SEC. 2. ELIMINATION OF DISCRIMINATORY TREATMENT OF EMPLOYER PLANS. (a) Elimination of True Out-of-Pocket Limitation.--Section 1860D- 2(b)(4)(C) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended to read as follows: ``(C) Application.--In applying subparagraph (A), incurred costs shall only include costs incurred with respect to covered part D drugs for the annual deductible described in paragraph (1), for cost-sharing described in paragraph (2), and for amounts for which benefits are not provided because of the application of the initial coverage limit described in paragraph (3).''. (b) Equalization of Subsidies.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall provide for such increase in the special subsidy payment amounts under section 1860D-22(a)(3) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), as may be appropriate to provide for payments in the aggregate equivalent to the payments that would have been made under section 1860D-15 of such Act if the individuals were not enrolled in a qualified retiree prescription drug plan. In making such computation, the Secretary shall not take into account the application of the amendments made by section 1202 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. SEC. 3. DIRECT SUBSIDY FOR CERTAIN STATE PHARMACEUTICAL ASSISTANCE PROGRAMS Part D of title XVIII of the Social Security Act (as so added) is amended by inserting after section 1860D-23 the following: ``direct subsidies for certain state pharmaceutical assistance programs ``Sec. 1860D-23A. (a) Direct Subsidy.-- ``(1) In general.--The Secretary shall provide for the payment to a State offering a State pharmaceutical assistance program described in section 1860D-23(b)(1) for each individual who is eligible for, but not enrolled in, a prescription drug plan or MA-PD plan under this part, and who is enrolled in such program for each month for which such individual is so enrolled. ``(2) Amount of payment.-- ``(A) In general.--The amount of the payment under paragraph (1) shall be an amount equal to the special subsidy payment amount determined under section 1860D- 22(a)(3) for a qualifying covered retiree for a coverage year enrolled with the sponsor of a qualified retiree prescription drug plan. ``(b) Additional Subsidy.-- ``(1) In general.--The Secretary shall provide for the payment to a State offering a State pharmaceutical assistance program described in section 1860D-23(b)(1) for each applicable low-income individual enrolled in the program for each month for which such individual is so enrolled. ``(2) Amount of payment.-- ``(A) In general.--The amount of the payment under paragraph (1) shall be the amount the Secretary estimates would have been made to a prescription drug plan or MA-PD plan under section 1860D-14 with respect to the applicable low-income individual if such individual was enrolled in such a plan. ``(B) Maximum payments.--In no case may the amount of the payment determined under subparagraph (A) with respect to an applicable low-income individual exceed, as estimated by the Secretary, the average amount paid in a year under section 1860D-14 on behalf of a subsidy eligible individual (as defined in section 1860D- 14(a)(3)(A)) with income that is the same as the income of the applicable low-income individual. ``(3) Applicable low-income individual.--For purposes of this subsection, the term `applicable low-income individual' means an individual who-- ``(A) is eligible for, but not enrolled in, a prescription drug plan or MA-PD plan under this part, and who is enrolled in a State pharmaceutical assistance program described in section 1860D-23(b)(1); and ``(B) would be a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)) if the individual were enrolled in such a plan. ``(c) Payment Methods.-- ``(1) In general.--Payments under this section shall be based on such a method as the Secretary determines. The Secretary may establish a payment method by which interim payments of amounts under this section are made during a year based on the Secretary's best estimate of amounts that will be payable after obtaining all of the information. ``(2) Source of payments.--Payments under this section shall be made from the Medicare Prescription Drug Account. ``(d) Construction.--Nothing in this section, section 1860D-23, or section 1860D-24 shall be construed as requiring a prescription drug plan or MA-PD plan to coordinate coverage provided under such plan with coverage provided under a State pharmaceutical assistance program described in section 1860D-23(b)(1) that is operated by a State which receives a payment under this section.''. SEC. 4. FACILITATION OF COORDINATION. Section 1860D-24(c)(1) of the Social Security Act (as so added) is amended by striking ``all methods of operation'' and inserting ``its own methods of operation, except that a PDP sponsor or MA organization may not require a State Pharmaceutical Assistance Program or an RX plan described in subsection (b) to apply such tools when coordinating benefits''. SEC. 5. ALLOWING MEDICAID WRAP. Section 1935(d) of the Social Security Act, as added by section 103(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is repealed. SEC. 6. REPEAL OF COMPARATIVE COST ADJUSTMENT PROGRAM. Effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), subtitle E of title II of such Act is repealed and any provisions of law amended by such subtitle are restored as if such subtitle had not been enacted. SEC. 7. PROVISION OF WRAP-AROUND PRESCRIPTION DRUG COVERAGE THROUGH MEDIGAP. Section 1882(v) of the Social Security Act (42 U.S.C. 1395ss(v)), as added by section 104(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended as follows: (1) In paragraph (1)(A), by inserting ``, other than such a policy that provides wrap-around prescription drug coverage included within a range of such coverage approved under subparagraph (D)(ii),'' after ``paragraph (6)(A))''. (2) Add at the end of paragraph (1) the following new subparagraph: ``(D) Wrap-around prescription drug coverage.-- ``(i) In general.--Notwithstanding any other provision of this subsection, a medigap Rx policy that provides wrap-around prescription drug coverage included within a range of such coverage approved by the Secretary under clause (ii) may be offered to part D enrollees. ``(ii) Development of standards.--The Secretary shall approve a range of wrap-around prescription drug coverage that may be offered under this subparagraph to part D enrollees.''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

Preserving Access to Affordable Drugs Act of 2004 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to: (1) allow employer contributions on drug costs to count towards the catastrophic limit; and (2) provide for direct subsidies for certain State pharmaceutical assistance programs. Directs the Secretary of Health and Human Services to ensure that employer-based plans receive the same subsidization as the Medicare prescription drug plans. Amends SSA title XIX (Medicaid), as amended by the Medicare Prescription Drug Improvement, and Modernization Act of 2003, to ensure that States can provide supplemental Medicaid prescription drug coverage to complement the Medicare drug benefit for seniors who are dually eligible for Medicare and Medicaid. Repeals the comparative cost adjustment program under Medicare. Amends SSA title XVIII part D, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to allow the provision of wrap-around prescription drug coverage through Medigap.

{"src": "billsum_train", "title": "To amend part D of title XVIII of the Social Security Act to improve the coordination of prescription drug coverage provided under retiree plans and State pharmaceutical assistance programs with the prescription drug benefit provided under the Medicare Program, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine for Regulatory Decrees and Settlements Act of 2013''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``agency'' and ``agency action'' have the meanings given those terms under section 551 of title 5, United States Code; (2) the term ``covered civil action'' means a civil action-- (A) seeking to compel agency action; (B) alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; and (C) brought under-- (i) chapter 7 of title 5, United States Code; or (ii) any other statute authorizing such an action; (3) the term ``covered consent decree'' means-- (A) a consent decree entered into in a covered civil action; and (B) any other consent decree that requires agency action relating to a regulatory action that affects the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; (4) the term ``covered consent decree or settlement agreement'' means a covered consent decree and a covered settlement agreement; and (5) the term ``covered settlement agreement'' means-- (A) a settlement agreement entered into in a covered civil action; and (B) any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government. SEC. 3. CONSENT DECREE AND SETTLEMENT REFORM. (a) Pleadings and Preliminary Matters.-- (1) In general.--In any covered civil action, the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including by making the notice of intent to sue and the complaint available online not later than 15 days after receiving service of the notice of intent to sue or complaint, respectively. (2) Entry of a covered consent decree or settlement agreement.--A party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later. (b) Intervention.-- (1) Rebuttable presumption.--In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a person who alleges that the agency action in dispute would affect the person, the court shall presume, subject to rebuttal, that the interests of the person would not be represented adequately by the existing parties to the action. (2) State, local, and tribal governments.--In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a State, local, or tribal government, the court shall take due account of whether the movant-- (A) administers jointly with an agency that is a defendant in the action the statutory provisions that give rise to the regulatory action to which the action relates; or (B) administers an authority under State, local, or tribal law that would be preempted by the regulatory action to which the action relates. (c) Settlement Negotiations.--Efforts to settle a covered civil action or otherwise reach an agreement on a covered consent decree or settlement agreement shall-- (1) be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge, magistrate judge, or special master, as determined appropriate by the presiding judge; and (2) include any party that intervenes in the action. (d) Publication of and Comment on Covered Consent Decrees or Settlement Agreements.-- (1) In general.--Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency seeking to enter the covered consent decree or settlement agreement shall publish in the Federal Register and online-- (A) the proposed covered consent decree or settlement agreement; and (B) a statement providing-- (i) the statutory basis for the covered consent decree or settlement agreement; and (ii) a description of the terms of the covered consent decree or settlement agreement, including whether it provides for the award of attorneys' fees or costs and, if so, the basis for including the award. (2) Public comment.-- (A) In general.--An agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in paragraph (1) on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (B) Response to comments.--An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court.--When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement, an agency shall-- (i) inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms; (ii) submit to the court a summary of the comments received under subparagraph (A) and the response of the agency to the comments; (iii) submit to the court a certified index of the administrative record of the notice and comment proceeding; and (iv) make the administrative record described in clause (iii) fully accessible to the court. (D) Inclusion in record.--The court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing before the court in the action submits to the court. (3) Public hearings permitted.-- (A) In general.--After providing notice in the Federal Register and online, an agency may hold a public hearing regarding whether to enter into a proposed covered consent decree or settlement agreement. (B) Record.--If an agency holds a public hearing under subparagraph (A)-- (i) the agency shall-- (I) submit to the court a summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines.--If a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent decree or settlement agreement or dismissal based on the covered consent decree or settlement agreement, inform the court of-- (A) any required regulatory action the agency has not taken that the covered consent decree or settlement agreement does not address; (B) how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (A); and (C) why the effects of the covered consent decree or settlement agreement on the manner in which the agency discharges its duties is in the public interest. (e) Submission by the Government.-- (1) In general.--For any proposed covered consent decree or settlement agreement that contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently by an agency, the head of the agency shall submit to the court a certification that the Attorney General or head of the agency approves the proposed covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms.--A term described in this paragraph is-- (A) in the case of a covered consent decree, a term that-- (i) converts into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations; (ii) commits an agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (iv) divests an agency of discretion committed to the agency by statute or the Constitution of the United States, without regard to whether the discretion was granted to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action; or (B) in the case of a covered settlement agreement, a term-- (i) that provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; and (ii) that-- (I) interferes with the authority of an agency to revise, amend, or issue rules under the procedures set forth in chapter 5 of title 5, United States Code, or any other statute or Executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (II) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or (III) for such a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the Constitution of the United States to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties. (f) Review by Court.-- (1) Amicus.--A court considering a proposed covered consent decree or settlement agreement shall presume, subject to rebuttal, that it is proper to allow amicus participation relating to the covered consent decree or settlement agreement by any person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d). (2) Review of deadlines.-- (A) Proposed covered consent decrees.--For a proposed covered consent decree, a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Proposed covered settlement agreements.--For a proposed covered settlement agreement, a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (g) Annual Reports.--Each agency shall submit to Congress an annual report that, for the year covered by the report, includes-- (1) the number, identity, and content of covered civil actions brought against and covered consent decree or settlement agreements entered against or into by the agency; and (2) a description of the statutory basis for-- (A) each covered consent decree or settlement agreement entered against or into by the agency; and (B) any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency. SEC. 4. MOTIONS TO MODIFY CONSENT DECREES. If an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances, the court shall review the motion and the covered consent decree or settlement agreement de novo. SEC. 5. EFFECTIVE DATE. This Act shall apply to-- (1) any covered civil action filed on or after the date of enactment of this Act; and (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act.

Sunshine for Regulatory Decrees and Settlements Act of 2013 - Defines a "covered civil action" as a civil action seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect: (1) the rights of private persons other than the person bringing the action; or (2) a state, local, or tribal government. Defines a "covered consent decree" or a "covered settlement agreement" as: (1) a consent decree or settlement agreement entered into a covered civil action, and (2) any other consent decree or settlement agreement that requires agency action relating to such a regulatory action that affects the rights of such persons or governments. Requires an agency against which a covered civil action is brought to publish the notice of intent to sue and the complaint in a readily accessible manner, including by making such notice and complaint available online not later than 15 days after receiving service of such notice or complaint Requires an agency seeking to enter a covered consent decree or settlement agreement to publish such decree or agreement in the Federal Register and online not later than 60 days before it is filed with the court. Provides for public comment and public hearings on such decree or agreement. Requires the Attorney General or an agency head, if an agency is litigating a matter independently, to certify to the court that the Attorney General or the agency head approves of: (1) any proposed covered consent decree that includes terms that convert into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations, commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, divest an agency of discretion committed to it by statute or the Constitution, or otherwise afford any relief that the court could not enter under its own authority; or (2) any proposed covered settlement agreement that includes terms that provide a remedy for a failure by the agency to comply with the terms of the agreement other than the revival of the civil action resolved by the agreement, interfere with the authority of an agency to revise, amend, or issue rules, or commit the agency to expend funds that have not been appropriated and budgeted or to exercise in a particular way discretion which was committed to the agency by statute or the Constitution. Requires a court to grant de novo review of a covered consent decree or settlement agreement if an agency files a motion to modify such decree or agreement on the basis that its terms are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances.

{"src": "billsum_train", "title": "Sunshine for Regulatory Decrees and Settlements Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Fraud to Protect Care for Seniors Act of 2018''. SEC. 2. MEDICARE SMART CARD PILOT PROGRAM. Part E of title XVIII of the Social Security Act is amended by inserting after section 1866E the following new section: ``SEC. 1866F. SMART CARD PILOT PROGRAM. ``(a) Implementation.-- ``(1) In general.--Not later than 36 months after the date of the enactment of this section, the Secretary shall establish a pilot program (in this section referred to as the `pilot program') to evaluate the feasibility of using smart card technology under this title. ``(2) Smart card technology defined.--In this section, the term `smart card technology' means the following: ``(A) Beneficiary smart card.--A machine readable, tamper-resistant card (in this section referred to as a `smart card') that includes an embedded integrated circuit chip with a secure micro-controller (as defined by the National Institute on Standards and Technology) that enables the verification and secure, electronic authentication of the identity of a Medicare beneficiary at the point of service through a combination of the smart card and a personal identification number known by or associated with such beneficiary. ``(B) Card reader technology.--Information technology that enables a supplier and provider to authenticate the identity of a Medicare beneficiary through presentation of such a smart card and such components, with such authentication to be reflected through the use of a modifier or in another appropriate manner, as determined by the Secretary, in the claims adjudication process. ``(3) Program design elements.--The pilot program shall be conducted for a period of 3 years consistent with the following: ``(A) Selection of area.--In consultation with the Inspector General of the Department of Health and Human Services, the Secretary shall select at least three geographic areas in which the pilot program will operate. ``(B) Selection of supplier and provider types.--In consultation with the Inspector General of the Department of Health and Human Services, the Secretary shall select supplier and provider types that will be required to participate in the pilot program (referred to in this section as `participating suppliers and providers'). In selecting such supplier and provider types, the Secretary shall-- ``(i) take into account the risk of fraud, waste, and abuse (as described in section 1866(j)(2)(B)) with respect to the category of provider or supplier) and other factors as determined appropriate by the Secretary; and ``(ii) limit the pilot program to no more than 2,000 suppliers and providers. ``(C) Supplier and provider hardship exemptions.-- The Secretary shall exempt from participation in the pilot program a supplier or provider that either-- ``(i) does not have access to card reader technology (as described in paragraph (2)(B)); ``(ii) does not have sufficient internet access; or ``(iii) has a low volume (as determined by the Secretary) of Medicare claims for which payment is made under this title. ``(D) Smart card and smart card reader issuance.-- ``(i) Beneficiary smart card issuance.--The Secretary shall provide for, at no cost, the issuance (and, if necessary, replacement) of beneficiary smart cards described in paragraph (2)(A) to all Medicare beneficiaries residing in a geographic area in which the pilot program is conducted under subparagraph (A). Information that appears on Medicare cards used outside the pilot program may appear on the face of the beneficiary smart card. ``(ii) Supplier and provider smart card reader issuance.--At the request of a participating supplier or provider, the Secretary shall provide for, at no cost, the issuance to such supplier or provider of smart card hardware and software necessary to participate in the pilot program. ``(E) Information on operation of pilot program.-- The Secretary shall provide participating suppliers and providers and Medicare beneficiaries who are furnished items and services by such suppliers and providers, with information on the operation of the pilot program, including privacy protections described in subparagraph (I). ``(F) Access to services outside the pilot program.-- ``(i) Beneficiaries.--Medicare beneficiaries who receive beneficiary smart cards may receive items and services from suppliers and providers not participating in the pilot program. ``(ii) Suppliers and provider claims.-- ``(I) Suppliers and providers not participating in pilot.--Suppliers and providers not participating in the pilot program may submit claims under this title for items and services furnished without use of smart card technology to Medicare beneficiaries who receive beneficiary smart cards. ``(II) Participating suppliers and providers furnishing services to non- participating beneficiaries.--Supplier and providers participating in the pilot program may submit claims under this title for items and services furnished to Medicare beneficiaries who do not receive beneficiary smart cards. ``(G) Clarification on access to services without smart cards.--In the case of a Medicare beneficiary who receives a beneficiary smart card and does not present such card at the time of receipt of items or services from a participating supplier or provider, the participating supplier or provider-- ``(i) shall furnish such items or services to such Medicare beneficiary as if such beneficiary does present such card; ``(ii) may submit claims under this title for such items or services; and ``(iii) shall provide, in accordance with such manner, process, and timing as specified by the Secretary, information to the Secretary (through the contractor described in subparagraph (H)) that such beneficiary received such a smart card but did not have the smart card at the time the items or services were furnished. ``(H) Private sector implementation.--The Secretary shall select, by using a competitive procurement process in accordance with the provisions of chapter 1 of title 48, Code of Federal Regulations (or any successor regulations), a private sector contractor to implement and operate the pilot program. ``(I) Privacy protections.--The Secretary shall ensure that the pilot program complies with applicable Federal laws and regulations concerning individually identifiable health information, including the Privacy Act of 1974 and regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and such individually identifiable information shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(J) Mandatory participation.--Subject to subparagraph (C), in the case of items or services furnished by a provider or supplier included in a supplier or provider type selected under subparagraph (B) in a geographic area selected under subparagraph (A), payment may only be made under this title for such items or services during the period of the pilot program if the provider or supplier is participating in the pilot program. ``(K) Prohibition of smart card fees.--No transaction, utilization, or other fees may be imposed on Medicare beneficiaries or participating suppliers and providers with respect to the use of smart cards under the pilot program. ``(4) Stakeholder input.-- ``(A) In general.--Not later than 6 months after the date of the enactment of this section, the Secretary shall convene a panel consisting of stakeholders (including representatives of providers, suppliers, technology vendors, Medicare beneficiaries, and claims processing contractors) selected by the Secretary for purposes of providing input to the Secretary on the implementation of the pilot program (including on the selection of areas and participants under subparagraphs (A) and (B) of paragraph (3) and the development of exemptions and requirements described in such paragraph). ``(B) Nonapplicability of faca.--The Federal Advisory Committee Act shall not apply to the panel convened pursuant to subparagraph (A). ``(5) Definitions.--In this section: ``(A) The terms `supplier' and `provider' have the meanings given the terms `supplier' and `provider of services' in subsections (d) and (u), respectively, of section 1861. ``(B) The term `Medicare beneficiary' means an individual who is enrolled in the original Medicare fee-for-service program under parts A and B and is not enrolled in an MA plan under part C, an eligible organization under section 1876, or a PACE program under section 1894. ``(b) Reports to Congress.--The Secretary shall submit to Congress the following reports: ``(1) Interim performance report.--Not later than 2 years after the date the pilot program is implemented, an interim report on the performance of such program. ``(2) Final performance report.--Not later than 18 months after the date of the completion of the pilot program, a final evaluation on the effectiveness of the pilot program. The report shall include the following: ``(A) An evaluation of the effect of the pilot program on potential fraud under the insurance programs established under this title. ``(B) A description of any barriers to implementation of the pilot program. ``(C) Participant feedback on the pilot program. ``(D) Recommendations regarding the future use of smart cards to address fraud under this title. ``(E) Data on the information provided under subsection (a)(3)(G)(iii).''. Passed the House of Representatives September 12, 2018. Attest: KAREN L. HAAS, Clerk.

Fighting Fraud to Protect Care for Seniors Act of 2018 (Sec. 2) This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a pilot program that evaluates the feasibility of using smart card technology to address Medicare fraud. Under the program, smart card technology must be issued free-of-charge to selected Medicare beneficiaries, suppliers, and providers; such technology must support the secure, electronic authentication of beneficiary identity at points of service. In selecting program participants, the CMS must consider the risk of fraud, waste, or abuse among categories of suppliers and providers.

{"src": "billsum_train", "title": "Fighting Fraud to Protect Care for Seniors Act of 2018"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Information Sharing Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) The Federal Government is required by the Constitution to protect every State from invasion, which includes terrorist attack. (2) The Federal Government relies on State and local personnel to protect against terrorist attack. (3) The Federal Government collects, creates, manages, and protects sensitive information to enhance national security. (4) Some homeland security information is needed by the State and local personnel to prevent and prepare for terrorist attack. (5) The needs of State and local personnel to have access to relevant homeland security information to combat terrorism must be reconciled with the need to preserve the protected status of such information and to protect the sources and methods used to acquire such information. (6) Granting security clearances to certain State and local personnel is one way to facilitate the sharing of information regarding specific terrorist threats among Federal, State, and local levels of government. (7) Methods exist to declassify, redact, or otherwise adapt classified information so it may be shared with State and local personnel without the need for granting additional security clearances. (8) State and local personnel have capabilities and opportunities to gather information on suspicious activities and terrorist threats not possessed by the Federal intelligence agencies. (9) The intelligence community and State and local governments and agencies in other jurisdictions may benefit from such information. (10) Federal, State, and local governments and intelligence, law enforcement, and other emergency preparation and response agencies must act in partnership to maximize the benefits of information gathering and analysis to prevent and respond to terrorist attacks. (11) Information systems, including the National Law Enforcement Telecommunications System and the Terrorist Threat Warning System, have been established for rapid sharing of sensitive and unclassified information among Federal, State, and local entities. (12) Increased efforts to share homeland security information should avoid duplicating existing information systems. (b) Sense of Congress.--It is the sense of Congress that Federal, State, and local entities should share homeland security information to the maximum extent practicable. SEC. 3. FACILITATING HOMELAND SECURITY INFORMATION SHARING PROCEDURES. (a) Presidential Procedures for Determining Extent of Sharing of Homeland Security Information.-- (1) The President shall prescribe procedures under which Federal agencies determine-- (A) whether, how, and to what extent homeland security information may be shared with appropriate State and local personnel, and with which such personnel may it be shared; and (B) to the extent such information is in classified form, whether, how, and to what extent to declassify (or remove classified information from, as appropriate) such information, and with which such personnel may it be shared after such declassification (or removal). (2) The President shall ensure that such procedures apply to each element of the intelligence community and that the requisite technology is available. (3) Such procedures shall not change the substantive requirements for the classification and treatment of classified information. (4) Such procedures shall not change the requirements and authorities to protect sources and methods. (b) Procedures for Sharing of Homeland Security Information.-- (1) Under procedures prescribed jointly by the Director of Central Intelligence and the Attorney General, each element of the intelligence community shall, through information sharing systems, share homeland security information with appropriate State and local personnel to the extent such information may be shared, as determined in accordance with subsection (a), together with assessments of the credibility of such information. (2) Each information sharing system through which information is shared under paragraph (1) shall-- (A) have the capability to transmit unclassified or classified information, though the procedures and recipients for each capability may differ; (B) have the capability to restrict delivery of information to specified subgroups by geographic location, type of organization, position of a recipient within an organization, and a recipient's need to know such information; (C) be configured to allow the efficient and effective sharing of information; and (D) be accessible to appropriate State and local personnel. (3) The procedures prescribed under paragraph (1) shall ensure, to the greatest extent practicable, that the information sharing system through which information is shared under such paragraph include existing information sharing systems, including, but not limited to, the National Law Enforcement Telecommunications System, the Regional Information Sharing System, and the Terrorist Threat Warning System of the Federal Bureau of Investigation. (4) Each element of the Federal intelligence and law enforcement communities, as well as the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and other congressional committees as appropriate, shall have access to each information sharing system through which information is shared under paragraph (1), and shall therefore have access to all information, as appropriate, shared under such paragraph. (5) The procedures prescribed under paragraph (1) shall ensure that appropriate State and local personnel are authorized to use such information sharing systems-- (A) to access information shared with such personnel; and (B) to share, with others who have access to such information sharing systems, the homeland security information of their own jurisdictions, which shall be marked appropriately as pertaining to potential terrorist activity. (6) Under procedures prescribed jointly by the Director of Central Intelligence and the Attorney General, each element of the intelligence community shall review and assess the information shared under paragraph (5) and integrate such information with existing intelligence. (c) Sharing of Classified Information With State and Local Personnel.-- (1) The President shall prescribe procedures under which Federal agencies may, to the extent the President considers necessary, share with appropriate State and local personnel homeland security information that remains classified or otherwise protected after the determinations prescribed under the procedures set forth in subsection (a). (2) Such procedures may provide for sharing to be carried out through one or more of the following means: (A) Carrying out security clearance investigations with respect to appropriate State and local personnel. (B) Entering into nondisclosure agreements with appropriate State and local personnel. (C) Increasing the use of information-sharing partnerships that include appropriate State and local personnel, such as the Joint Terrorism Task Forces of the Federal Bureau of Investigation, the Anti-Terrorism Task Forces of the Department of Justice, and regional Terrorism Early Warning Groups. (d) Responsible Officials.--For each element of the intelligence community, the head of such element shall designate an official of such element to administer this Act with respect to such element. (e) Definitions.--As used in this section: (1) The term ``homeland security information'' means any information that is necessary to assist the Federal Government, State and local law enforcement officials, other appropriate State and local officials, or other appropriate people or organizations to prevent, prepare for, or respond to terrorist attacks against the United States. (2) The term ``intelligence community'' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (3) The term ``State and local personnel'' means any of the following persons involved in prevention, preparation, or response for terrorist attack: (A) State Governors, mayors, and other locally elected officials. (B) State and local law enforcement personnel and firefighters. (C) Public health and medical professionals. (D) Regional, State, and local emergency management agency personnel, including State adjutant generals. (E) Other appropriate emergency response agency personnel. (F) Employees of private-sector entities that affect critical infrastructure, cyber, or economic security. (4) The term ``State'' includes the District of Columbia and any commonwealth, territory, or possession of the United States. SEC. 4. REPORT. (a) Report Required.--Not later than 6 months after the date of the enactment of this Act, the President shall submit to the congressional committees specified in subsection (b) a report on the implementation of this Act. The report shall include any recommendations for additional measures or appropriation requests, beyond the requirements of this Act, to increase the effectiveness of sharing of information among Federal, State, and local entities. (b) Specified Congressional Committees.--The congressional committees referred to in subsection (a) are the following committees: (1) The Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives. (2) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Homeland Security Information Sharing Act - Directs the President to: (1) prescribe procedures for Federal agencies for sharing homeland security information with State and local personnel and for declassifying such information; and (2) ensure that such procedures apply to each element of the intelligence community and that the requisite technology is available.Requires each intelligence community element, under procedures prescribed by the Director of Central Intelligence and the Attorney General, to share homeland security information, with credibility assessments, with State and local personnel. Directs that: (1) such procedures include existing information sharing systems; and (2) each element of the Federal intelligence and law enforcement communities, as well as specified congressional committees, have access to each information sharing system and the information within it.Directs the President to prescribe procedures under which Federal agencies may share classified homeland security information with appropriate State and local personnel, including through security clearance investigations, non-disclosure agreements, and increased use of information-sharing partnerships.

{"src": "billsum_train", "title": "To provide for the sharing of homeland security information by Federal intelligence and law enforcement agencies with State and local entities."}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preserve America and Save America's Treasures Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PRESERVE AMERICA PROGRAM Sec. 101. Purpose. Sec. 102. Definitions. Sec. 103. Establishment. Sec. 104. Designation of Preserve America Communities. Sec. 105. Regulations. Sec. 106. Authorization of appropriations. TITLE II--SAVE AMERICA'S TREASURES PROGRAM Sec. 201. Purpose. Sec. 202. Definitions. Sec. 203. Establishment. Sec. 204. Regulations. Sec. 205. Authorization of appropriations. TITLE III--GENERAL PROVISIONS Sec. 301. Prohibition on funding certain activities. TITLE I--PRESERVE AMERICA PROGRAM SEC. 101. PURPOSE. The purpose of this title is to authorize the Preserve America Program, including-- (1) the Preserve America grant program within the Department of the Interior; (2) the recognition programs administered by the Advisory Council on Historic Preservation; and (3) the related efforts of Federal agencies, working in partnership with State, tribal, and local governments and the private sector, to support and promote the preservation of historic resources. SEC. 102. DEFINITIONS. In this title: (1) Council.--The term ``Council'' means the Advisory Council on Historic Preservation. (2) Heritage tourism.--The term ``heritage tourism'' means the conduct of activities to attract and accommodate visitors to a site or area based on the unique or special aspects of the history, landscape (including trail systems), and culture of the site or area. (3) Program.--The term ``program'' means the Preserve America Program established under section 103(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. ESTABLISHMENT. (a) In General.--There is established in the Department of the Interior the Preserve America Program, under which the Secretary, in partnership with the Council, may provide competitive grants to States, local governments (including local governments in the process of applying for designation as Preserve America Communities under section 104), Indian tribes, communities designated as Preserve America Communities under section 104, State historic preservation offices, and tribal historic preservation offices to support preservation efforts through heritage tourism, education, and historic preservation planning activities. (b) Eligible Projects.-- (1) In general.--The following projects shall be eligible for a grant under this title: (A) A project for the conduct of-- (i) research on, and documentation of, the history of a community; and (ii) surveys of the historic resources of a community. (B) An education and interpretation project that conveys the history of a community or site. (C) A planning project (other than building rehabilitation) that advances economic development using heritage tourism and historic preservation. (D) A training project that provides opportunities for professional development in areas that would aid a community in using and promoting its historic resources. (E) A project to support heritage tourism in a Preserve America Community designated under section 104. (F) Other nonconstruction projects that identify or promote historic properties or provide for the education of the public about historic properties that are consistent with the purposes of this Act. (2) Limitation.--In providing grants under this title, the Secretary shall only provide 1 grant to each eligible project selected for a grant. (c) Preference.--In providing grants under this title, the Secretary may give preference to projects that carry out the purposes of both the program and the Save America's Treasures Program. (d) Consultation and Notification.-- (1) Consultation.--The Secretary shall consult with the Council in preparing the list of projects to be provided grants for a fiscal year under the program. (2) Notification.--Not later than 30 days before the date on which the Secretary provides grants for a fiscal year under the program, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided grants under the program for the fiscal year. (e) Cost-Sharing Requirement.-- (1) In general.--The non-Federal share of the cost of carrying out a project provided a grant under this title shall be not less than 50 percent of the total cost of the project. (2) Form of non-federal share.--The non-Federal share required under paragraph (1) shall be in the form of-- (A) cash; or (B) donated supplies and related services, the value of which shall be determined by the Secretary. (3) Requirement.--The Secretary shall ensure that each applicant for a grant has the capacity to secure, and a feasible plan for securing, the non-Federal share for an eligible project required under paragraph (1) before a grant is provided to the eligible project under the program. SEC. 104. DESIGNATION OF PRESERVE AMERICA COMMUNITIES. (a) Application.--To be considered for designation as a Preserve America Community, a community, tribal area, or neighborhood shall submit to the Council an application containing such information as the Council may require. (b) Criteria.--To be designated as a Preserve America Community under the program, a community, tribal area, or neighborhood that submits an application under subsection (a) shall, as determined by the Council, in consultation with the Secretary, meet criteria required by the Council and, in addition, consider-- (1) protection and celebration of the heritage of the community, tribal area, or neighborhood; (2) use of the historic assets of the community, tribal area, or neighborhood for economic development and community revitalization; and (3) encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs. (c) Local Governments Previously Certified for Historic Preservation Activities.--The Council shall establish an expedited process for Preserve America Community designation for local governments previously certified for historic preservation activities under section 101(c)(1) of the National Historic Preservation Act (16 U.S.C. 470a(c)(1)). (d) Guidelines.--The Council, in consultation with the Secretary, shall establish any guidelines that are necessary to carry out this section. SEC. 105. REGULATIONS. The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out this title. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $25,000,000 for each of fiscal years 2009, 2010, 2011, 2012 and 2013, to remain available until expended. TITLE II--SAVE AMERICA'S TREASURES PROGRAM SEC. 201. PURPOSE. The purpose of this title is to authorize within the Department of the Interior the Save America's Treasures Program, to be carried out by the Director of the National Park Service, in partnership with-- (1) the National Endowment for the Arts; (2) the National Endowment for the Humanities; (3) the Institute of Museum and Library Services; (4) the National Trust for Historic Preservation; (5) the National Conference of State Historic Preservation Officers; (6) the National Association of Tribal Historic Preservation Officers; and (7) the President's Committee on the Arts and the Humanities. SEC. 202. DEFINITIONS. In this title: (1) Collection.--The term ``collection'' means a collection of intellectual and cultural artifacts, including documents, sculpture, and works of art. (2) Eligible entity.--The term ``eligible entity'' means a Federal entity, State, local, or tribal government, educational institution, or nonprofit organization. (3) Historic property.--The term ``historic property'' has the meaning given the term in section 301 of the National Historic Preservation Act (16 U.S.C. 470w). (4) Nationally significant.--The term ``nationally significant'' means a collection or historic property that meets the applicable criteria for national significance, in accordance with regulations promulgated by the Secretary pursuant to section 101(a)(2) of the National Historic Preservation Act (16 U.S.C. 470a(a)(2)). (5) Program.--The term ``program'' means the Save America's Treasures Program established under section 203(a). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 203. ESTABLISHMENT. (a) In General.--There is established in the Department of the Interior the Save America's Treasures program, under which the amounts made available to the Secretary under section 205 shall be used by the Secretary, in consultation with the organizations described in section 201, subject to subsection (f)(1)(B), to provide grants to eligible entities for projects to preserve nationally significant collections and historic properties. (b) Determination of Grants.--Of the amounts made available for grants under section 205, not less than 50 percent shall be made available for grants for projects to preserve collections and historic properties, to be distributed through a competitive grant process administered by the Secretary, subject to the eligibility criteria established under subsection (e). (c) Applications for Grants.--To be considered for a competitive grant under the program an eligible entity shall submit to the Secretary an application containing such information as the Secretary may require. (d) Collections and Historic Properties Eligible for Competitive Grants.-- (1) In general.--A collection or historic property shall be provided a competitive grant under the program only if the Secretary determines that the collection or historic property is-- (A) nationally significant; and (B) threatened or endangered. (2) Eligible collections.--A determination by the Secretary regarding the national significance of collections under paragraph (1)(A) shall be made in consultation with the organizations described in section 201, as appropriate. (3) Eligible historic properties.--To be eligible for a competitive grant under the program, a historic property shall, as of the date of the grant application-- (A) be listed in the National Register of Historic Places at the national level of significance; or (B) be designated as a National Historic Landmark. (e) Selection Criteria for Grants.-- (1) In general.--The Secretary shall not provide a grant under this title to a project for an eligible collection or historic property unless the project-- (A) eliminates or substantially mitigates the threat of destruction or deterioration of the eligible collection or historic property; (B) has a clear public benefit; and (C) is able to be completed on schedule and within the budget described in the grant application. (2) Preference.--In providing grants under this title, the Secretary may give preference to projects that carry out the purposes of both the program and the Preserve America Program. (3) Limitation.--In providing grants under this title, the Secretary shall only provide 1 grant to each eligible project selected for a grant. (f) Consultation and Notification by Secretary.-- (1) Consultation.-- (A) In general.--Subject to subparagraph (B), the Secretary shall consult with the organizations described in section 201 in preparing the list of projects to be provided grants for a fiscal year by the Secretary under the program. (B) Limitation.--If an entity described in subparagraph (A) has submitted an application for a grant under the program, the entity shall be recused by the Secretary from the consultation requirements under that subparagraph and subsection (a). (2) Notification.--Not later than 30 days before the date on which the Secretary provides grants for a fiscal year under the program, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided grants under the program for the fiscal year. (g) Cost-Sharing Requirement.-- (1) In general.--The non-Federal share of the cost of carrying out a project provided a grant under this title shall be not less than 50 percent of the total cost of the project. (2) Form of non-federal share.--The non-Federal share required under paragraph (1) shall be in the form of-- (A) cash; or (B) donated supplies or related services, the value of which shall be determined by the Secretary. (3) Requirement.--The Secretary shall ensure that each applicant for a grant has the capacity and a feasible plan for securing the non-Federal share for an eligible project required under paragraph (1) before a grant is provided to the eligible project under the program. SEC. 204. REGULATIONS. The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out this title. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $50,000,000 for each fiscal year, to remain available until expended. TITLE III--GENERAL PROVISIONS SEC. 301. PROHIBITION ON FUNDING CERTAIN ACTIVITIES. None of the funds provided pursuant to this Act may be used to study or establish a National Heritage Area or fund a National Heritage Area management entity. Passed the House of Representatives July 8, 2008. Attest: LORRAINE C. MILLER, Clerk.

Preserve America and Save America's Treasures Act - Title I: Preserve America's Program - (Sec. 103) Establishes the Preserve America Program, under which the Secretary of the Interior, in partnership with the Advisory Council on Historic Preservation, may provide competitive grants to specified entities to support preservation efforts through heritage tourism, education, and historic preservation planning activities. Requires the Secretary to: (1) consult the Council in the preparation of the list of projects that are to be provided grants under the Program; and (2) submit to specified congressional committees a list of any eligible projects that are to be provided grants. Requires the non-federal share for the cost of carrying out a project to be at least 50% of the project's total cost. Requires the non-federal share to be in the form of cash or donated supplies and related services. Instructs the Secretary to ensure that each applicant for a grant has the capacity to secure, and a feasible plan for securing, the non-federal share before a grant is provided. (Sec. 104) Sets forth provisions regarding the designation of communities, tribal areas, and neighborhoods as Preserve America Communities. Requires the Council to establish an expedited process for Preserve America Community designation for local governments previously certified for historic preservation activities under the National Historic Preservation Act. (Sec. 105) Requires the Secretary to develop any guidelines and issue any regulations that are necessary to carry out this title. (Sec. 106) Authorizes appropriations. Title II: Save America's Treasures Program - (Sec. 203) Establishes the Save America's Treasures Program, under which the Secretary, in consultation with the National Endowment for the Arts, the National Endowment for the Humanities, the Institute of Museum and Library Services, the National Trust for Historic Preservation, the National Conference of State Historic Preservation Officers, the National Association of Tribal Historic Preservation Officers, and the President's Committee on the Arts and the Humanities, shall provide grants to eligible entities for projects to preserve nationally significant collections (collections of intellectual and cultural artifacts, including documents, sculpture, and works of art) and historic properties. Provides for, of the amounts available for such grants, not less than 50% to be available for projects to preserve collections and historic properties, which shall be distributed through a competitive grant process. Requires a collection or historic property to be provided a competitive grant only if such collection or property is: (1) nationally significant; and (2) threatened or endangered. Provides that, a determination regarding the national significance of collections shall be made in consultation with the entities specified above, as appropriate. Requires historic properties, to be eligible for a grant, to be: (1) listed in the National Register of Historic Places at the national level of significance; or (2) designated as a National Historic Landmark. Sets forth grant selection criteria. Requires the Secretary to: (1) consult with the organizations specified above in the preparation of the list of projects to be provided grants under the Program, and that if such an organization has submitted an application for a grant under the Program, such entity shall be recused from consultation; and (2) submit to specified congressional committees a list of any eligible projects that are to be provided grants. Requires the non-federal share for the cost of carrying out a project to be at least 50% of the project's total cost. Requires the non-federal share to be in the form of cash or donated supplies and related services. Instructs the Secretary to ensure that each applicant for a grant has the capacity to secure, and a feasible plan for securing, the non-federal share before a grant is provided. (Sec. 204) Requires the Secretary to develop any guidelines and issue any regulations that are necessary to carry out this title. (Sec. 205) Authorizes appropriations. Title III: General Provisions - (Sec. 301) Bars the use of any of the funds provided pursuant to this Act to study or establish a National Heritage Area or fund a National Heritage Area management entity.

{"src": "billsum_train", "title": "To authorize the Preserve America Program and Save America's Treasures Program, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Integrity Through Transparency and Technology (FITT) Act of 2009''. TITLE I--CONSTRAINING THE GROWTH OF THE FEDERAL GOVERNMENT SEC. 101. CONSTRAINING GROWTH. (a) Constraining Growth.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``constraining the growth of the federal government ``Sec. 316. (a) Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget for any fiscal year if the percentage increase for the projected total outlays for such fiscal year compared to the projected total outlays for the preceding fiscal year set forth in the most recently agreed to concurrent resolution on the budget exceeds the allowable growth percentage. ``(b) Allowable Growth Percentage.--As used in subsection (a), the term `allowable growth percentage' for the applicable fiscal year refers to the mean of the annual percentage growth of mean earnings of full-time, year-round workers; compensation of employees; and gross domestic product (GDP) for the United States for the most recent calendar year for which such data may be obtained from the U.S. Census Bureau and the Bureau of Economic Analysis (BEA) of the Department of Commerce compared to the immediately preceding calendar year before the concurrent resolution on the budget for the applicable fiscal year is reported by the Committee on the Budget of the House of Representatives or Senate, as the case may be. ``(c) Super Majority Required for Waiver.--Subsection (a) may be waived or suspended in the House of Representatives or the Senate by a two-thirds vote of its Members voting, a quorum being present.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Act of 1974 is amended by adding after the item relating to section 315 the following new item: ``Sec. 316. Constraining the Growth of the Federal Government.''. TITLE II--EFFICIENCY AND RESPONSIBILITY FROM THE FEDERAL GOVERNMENT SEC. 201. ANNUAL REPORTS BY FEDERAL DEPARTMENTS AND AGENCIES TO GOVERNMENT ACCOUNTABILITY OFFICE. (a) Report Requirement.--Each Federal department and agency annually shall submit to the Comptroller General a report on the total operating costs of the department or agency for the year covered by the report, with a separate statement containing details on waste, fraud, and abuse during such year. (b) Audit by GAO.--Each year the Comptroller General shall randomly select 10 percent of the reports submitted under subsection (a) and audit the reports. (c) Intelligence Report Requirement.--Each intelligence department and agency of the Federal Government, and each intelligence-related division within a department or agency, shall submit to the Select Committee on Intelligence of the House of Representatives the total operating costs of the agency, department, or division for the year covered by the report, with a separate statement containing details on waste, fraud, and abuse during such year. (d) First Reports.--The first reports under this section shall be submitted not later than one year after the date of the enactment of this Act. SEC. 202. ANNUAL REPORT BY COMPTROLLER GENERAL. (a) Annual GAO Report on Reports of Federal Departments and Agencies.--The Comptroller General shall submit to Congress an annual report on the results of the reports submitted under section 201(a). (b) First Report.--The first report under this section shall be submitted not later than 18 months after the date of the enactment of this Act. SEC. 203. PLAN FOR REDUCTION OF OPERATIONAL COSTS OF FEDERAL DEPARTMENTS AND AGENCIES. (a) Plan Requirement.--Not later than one year after the date of the enactment of this Act, each Federal department or agency shall design a plan to reduce its operational costs from $.36 of every $1.00 appropriated to the department or agency to $.15 of every $1.00 (or reduce their operational costs by 41.67 percent) appropriated to the department or agency through the use of new technologies and standard management practices. (b) Implementation of Plan.--Not later than 10 years after the date of the enactment of this Act, each Federal department or agency shall implement the plan for the department or agency developed under subsection (a). (c) Annual Progress Reports.--Each Federal department or agency shall submit to Congress a report each year detailing the progress of the department or agency in implementing the plan for the department or agency developed under subsection (a). SEC. 204. INFORMING TAXPAYERS. (a) Statement To Appear on Tax Returns.--The Secretary of the Treasury shall include, on each form for making the return of tax imposed under chapter 1 of the Internal Revenue Code of 1986, a statement of the aggregate dollar amount of waste, fraud, and abuse by all Federal departments and agencies for the most recent year for which the Secretary has received information under subsection (b). (b) Determination of Aggregate Waste, Fraud, and Abuse by Comptroller General.--The Comptroller General shall annually report to the Secretary of the Treasury the aggregate dollar amount of waste, fraud, and abuse by all Federal departments and agencies as determined by the Comptroller General on the basis of the reports submitted by Federal departments and agencies under section 201.

Fiscal Integrity through Transparency and Technology (FITT) Act of 2009 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or in the Senate to consider any budget resolution for any fiscal year if the percentage increase for the projected total outlays compared to the projected total outlays for the preceding fiscal year exceeds the allowable growth percentage, as determined according to a specified formula. Requires a super majority vote in either chamber to waive or suspend such prohibition. Requires federal departments and agencies to report annually to the Comptroller General, and federal intelligence departments and agencies and their intelligence-related divisions to report annually to the House Select Committee on Intelligence, on total department or agency operating costs for the year, with a separate statement detailing waste, fraud, and abuse during such year. Requires each federal department or agency to design and implement a plan to reduce its operational costs from $.36 to $.15 of every $1.00 appropriated to it (or reduce such costs by 41.67%) through the use of new technologies and standard management practices. Requires the Secretary of the Treasury to include, on each federal tax return, a statement of the aggregate dollar amount of waste, fraud, and abuse by all federal departments and agencies for the most recent year accounted for.

{"src": "billsum_train", "title": "To amend the Congressional Budget and Impoundment Control Act of 1974 to require that concurrent resolutions on the budget limit the growth of Federal spending to the mean of annual percentage growth of wages and gross domestic product (GDP) in the United States, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Registration Modernization Act of 2009''. SEC. 2. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION. (a) Requiring Availability of Internet for Registration.--The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is amended by inserting after section 7 the following new section: ``SEC. 7A. INTERNET REGISTRATION. ``(a) Requiring Availability of Internet for Online Registration.-- Each State shall ensure that the following services are available to the public on the official public website of the appropriate election officials in the State: ``(1) Online access to, and distribution in electronic form of, mail voter registration application forms in accordance with paragraph (6). ``(2) Online assistance to applicants in completing voter registration application forms. ``(3) Online completion and submission by applicants of online versions of voter registration application forms. ``(4) Online acceptance of completed voter registration application forms. ``(b) Provision of Services in Nonpartisan Manner.--The services made available under subsection (a) shall be provided in a manner that ensures that-- ``(1) no person shall seek to influence an applicant's political preference or party registration; ``(2) there is no display on the website of any political preference or party allegiance; and ``(3) there is no statement or any other feature on the website the purpose or effect of which is to discourage the applicant from registering to vote. ``(c) Protection of Security of Information.--In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent unauthorized access to information provided by individuals using the services made available under subsection (a). ``(d) Effective Date.--The requirements of this section shall apply with respect to elections for Federal office occurring in 2016 and each succeeding year.''. (b) Conforming Amendments.-- (1) Timing of registration.--Section 8(a)(1) of such Act (42 U.S.C. 1973gg-6(a)(1)) is amended-- (A) by striking ``and'' at the end of subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) in the case of online registration through the official public website of an election official under section 7A, if the valid voter registration form is submitted online not later than the lesser of 15 days, or the period provided by State law, before the date of the election; and''. (2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (42 U.S.C. 1973gg- 6(a)(5)) is amended by striking ``and 7'' and inserting ``7, and 7A''. SEC. 3. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. (a) Updates to Information Contained on Computerized Statewide Voter Registration List.-- (1) In general.--Section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended by adding at the end the following new paragraph: ``(6) Use of internet by registered voters to update information.-- ``(A) In general.--The appropriate State or local election official shall ensure that any legally registered voter to whom a unique identifier has been assigned under the computerized list may update the voter's registration information, including the voter's address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, at any time as well as at any location at which under State law the voter may update the information in person. ``(B) Processing of updated information by election officials.--If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall-- ``(i) revise any information on the computerized list to reflect the update made by the voter; and ``(ii) if requested by the voter, confirm the receipt of the update by electronic mail sent to the voter. ``(C) Prevention of unauthorized revisions and fraud.--In meeting the requirements of this paragraph, the appropriate State or local election official shall establish appropriate technological security measures to prevent unauthorized persons from updating a registered voter's registration information and to prevent the entry of fraudulent data. ``(D) Effective date.--This paragraph shall take effect on January 1, 2012.''. (2) Conforming amendment relating to effective date.-- Section 303(d)(1)(A) of such Act (42 U.S.C. 15483(d)(1)(A)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and subsection (a)(6)''. (b) Effect on Voter Removal Program Under National Voter Registration Act of 1993.-- (1) Use of online update to confirm change of residence.-- Section 8(d)(1)(A) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)(1)(A)) is amended by inserting after ``in writing'' the following: ``or by updating information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002''. (2) Prohibiting removal of registered voters included on computerized list for failure to vote or appear to vote.-- Section 8 of such Act (42 U.S.C. 1973gg-6) is amended-- (A) in subsection (b)(2), by inserting after ``eligible voters'' the following: ``(other than an individual to whom a unique identifier has been assigned under the computerized Statewide voter registration list under section 303(a) of the Help America Vote Act of 2002)''; and (B) in subsection (d)(1)(B)(i), by striking ``has failed'' and inserting the following: ``in the case of a registrant to whom a unique identifier has not been assigned under the computerized Statewide voter registration list under section 303(a) of the Help America Vote Act of 2002, has failed''. (3) Conforming amendment relating to procedures to ensure ability to vote following failure to notify registrar of change of address.--Section 8(e) of such Act (42 U.S.C. 1973gg-6(e)) is amended in the heading by striking ``Failure to Return Card'' and inserting ``Failure to Notify Registrar of Change of Address''. (4) Effective date.--The amendments made by this subsection shall take effect on January 1, 2012. SEC. 4. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTER. (a) Including Option on Voter Registration Form To Provide E-Mail Address and Receive Information.-- (1) In general.--Section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(b)) is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) shall include a space for the applicant to provide an electronic mail address, together with a statement that, unless the applicant requests otherwise, the applicant shall (if eligible to register to vote) receive voter registration and voting information from the appropriate State or local election official through electronic mail sent to that address.''. (2) Effective date.--The amendments made by paragraph (1) shall take effect January 1, 2012. (b) Requiring Provision of Information by Election Officials.-- Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)) is amended by adding at the end the following new paragraph: ``(3) Provision of other information by electronic mail.-- If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voter registration and voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official shall provide the individual with the following information through electronic mail not later than 7 days before the date of the election involved: ``(A) The name and address of the polling place at which the individual is assigned to vote in the election. ``(B) The hours of operation for the polling place. ``(C) A description of any identification or other information the individual may be required to bring to the polling place.''. SEC. 5. CLARIFICATION OF REQUIREMENT TO REGISTER APPLICANTS PROVIDING NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE. Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended by adding at the end the following new subsection: ``(k) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote.--For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a `valid voter registration form' if the applicant has provided the appropriate State or local election official with all of the information necessary to demonstrate that the applicant is eligible to vote in elections for Federal office in the State or local jurisdiction involved.''. SEC. 6. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER COSTS OF COMPLIANCE WITH NEW NVRA REQUIREMENTS. (a) In General.--Section 251(b) of the Help America Vote Act of 2002 (42 U.S.C. 15401(b)) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (2) the following new paragraph: ``(2) Certain voter registration activities.--A State may use a requirements payment to carry out the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2009.''. (b) Conforming Amendment.--Section 254(a)(1) of such Act (42 U.S.C. 15404(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting ``section 251(b)(3)''. (c) Effective Date.--The amendments made by this section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.

Voter Registration Modernization Act of 2009 - Amends the National Voter Registration Act of 1993 (NVRA) to direct states to ensure the availability of the Internet for online voter registration. Amends the Help America Vote Act of 2002 (HAVA) to direct the appropriate state or local election official to ensure the availability of the Internet for updating voter registration information. Amends NVRA to allow a voter registration applicant to provide his or her email address on the appropriate form to receive voting information. Requires states to consider an applicant to have provided a valid voter registration form if he or she has provided all necessary information to demonstrate eligibility to vote. Allows a state to use a HAVA requirements payment to carry out the new NVRA requirements imposed by this Act.

{"src": "billsum_train", "title": "To amend the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to promote the use of the Internet by State and local election officials in carrying out voter registration activities, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pathways to Independence Act of 2007''. SEC. 2. AUTHORIZATION OF MODIFIED EMPLOYABILITY PLAN FOR INDIVIDUALS WITH DISABILITIES. (a) In General.--Section 407(c)(2) of the Social Security Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the following new subparagraph: ``(E) Individuals with disabilities complying with a modified employability plan deemed to be meeting work participation requirements.-- ``(i) Modified employability plan.--A State may develop a modified employability plan for an adult or minor child head of household recipient of assistance who has been determined by a qualified medical, mental health, addiction, or social services professional (as determined by the State) to have a disability, or who is caring for a family member with a disability (as so determined). The modified employability plan shall-- ``(I) include a determination that, because of the disability of the recipient or the individual for whom the recipient is caring, reasonable modification of work activities, hourly participation requirements, or both, is needed in order for the recipient to participate in work activities; ``(II) set forth the modified work activities in which the recipient is required to participate; ``(III) set forth the number of hours per week for which the recipient is required to participate in such modified work activities based on the State's evaluation of the family's circumstances; ``(IV) set forth the services, supports, and modifications that the State will provide to the recipient or the recipient's family; ``(V) be developed in cooperation with the recipient; and ``(VI) be reviewed not less than every 6 months. ``(ii) Inclusion in monthly participation rates.--For the purpose of determining monthly participation rates under subsection (b)(1)(B)(i), and notwithstanding paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D) of this subsection and subsection (d) of this section, a recipient is deemed to be engaged in work for a month in a fiscal year if-- ``(I) the State has determined that the recipient is in substantial compliance with activities and hourly participation requirements set forth in a modified employability plan that meets the requirements set forth in clause (i); and ``(II) the State complies with the reporting requirement set forth in clause (iii) for the fiscal year in which the month occurs. ``(iii) Reports.-- ``(I) Report by state.--With respect to any fiscal year for which a State counts a recipient as engaged in work pursuant to a modified employability plan, the State shall submit a report entitled `Annual State Report on TANF Recipients Participating in Work Activities Pursuant to Modified Employability Plans Due to Disability' to the Secretary not later than March 31 of the succeeding fiscal year. The report shall provide the following information: ``(aa) The aggregate number of recipients with modified employability plans due to a disability. ``(bb) The percentage of all recipients with modified employability plans who substantially complied with activities set forth in the plans each month of the fiscal year. ``(cc) Information regarding the most prevalent types of physical and mental impairments that provided the basis for the disability determinations. ``(dd) The percentage of cases with a modified employability plan in which the recipient had a disability, was caring for a child with a disability, or was caring for another family member with a disability. ``(ee) A description of the most prevalent types of modification in work activities or hours of participation that were included in the modified employability plans. ``(ff) A description of the qualifications of the staff who determined whether individuals had a disability, of the staff who determined that individuals needed modifications to their work requirements, and of the staff who developed the modified employability plans. ``(II) Report by secretary.--The Secretary shall submit an annual report to Congress entitled `Efforts in State TANF Programs to Promote and Support Employment for Individuals with Disabilities' not later than July 31 of each fiscal year that includes information on State efforts to engage individuals with disabilities in work activities for the preceding fiscal year. The report shall include the following: ``(aa) The number of individuals for whom each State has developed a modified employability plan. ``(bb) The types of physical and mental impairments that provided the basis for the disability determination, and whether the individual with the disability was an adult recipient or minor child head of household, a child, or a non-recipient family member. ``(cc) The types of modifications that States have included in modified employability plans. ``(dd) The extent to which individuals with a modified employability plan are participating in work activities. ``(ee) An analysis of the extent to which the option to establish such modified employability plans was a factor in States' achieving or not achieving the minimum participation rates under subsection (a) for the fiscal year. ``(iv) Definitions.-- ``(I) Disability.--For purposes of this subparagraph, the term `disability' means a mental or physical impairment, including substance abuse or addiction, that-- ``(aa) constitutes or results in a substantial impediment to employment; or ``(bb) substantially limits one or more major life activities. ``(II) Modified work activities.-- For purposes of this subparagraph, the term `modified work activities' means activities the State has determined will help the recipient become employable and which are not subject to and do not count against the limitations and requirements under the preceding provisions of this subsection and of subsection (d).''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2007. SEC. 3. STATE OPTION TO EXCLUDE SSI APPLICANTS IN WORK PARTICIPATION RATE. (a) In General.--Section 407(b)(5) of the Social Security Act (42 U.S.C. 607(b)(5)) is amended by striking ``at its option, not require an individual'' and all that follows and inserting ``at its option-- ``(A) not require an individual who is a single custodial parent caring for a child who has not attained 12 months of age to engage in work, and may disregard such an individual in determining the participation rates under subsection (a) of this section for not more than 12 months; ``(B) disregard for purposes of determining such rates for any month, on a case-by-case basis, an individual who is an applicant for or a recipient of supplemental security income benefits under title XVI or of social security disability insurance benefits under title II, if-- ``(i) the State has determined that an application for such benefits has been filed by or on behalf of the individual; ``(ii) the State has determined that there is a reasonable basis to conclude that the individual meets the disability or blindness criteria applied under title II or XVI; ``(iii) there has been no final decision (including a decision for which no appeal is pending at the administrative or judicial level or for which the time period for filing such an appeal has expired) denying benefits; and ``(iv) not less than every 6 months, the State reviews the status of such application and determines that there is a reasonable basis to conclude that the individual continues to meet the disability or blindness criteria under title II or XVI; and ``(C) disregard for purposes of determining such rates for any month, on a case-by-case basis, an individual who the State has determined would meet the disability criteria for supplemental security income benefits under title XVI or social security disability insurance benefits under title II but for the requirement that the disability has lasted or is expected to last for a continuous period of not less than 12 months.''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2007.

Pathways to Independence Act of 2007 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to deem individuals with disabilities complying with a modified employability plan to be meeting work participation requirements. Gives states the option to disregard in determining work participation rates any SSI (Supplemental Security Income) (SSA title XVI) and Social Security disability insurance applicants or recipients.

{"src": "billsum_train", "title": "A bill to amend part A of title IV of the Social Security Act, to reward States for engaging individuals with disabilities in work activities, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect American Democracy Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) in the House of Representatives-- (i) the Committee on Foreign Affairs; (ii) the Committee on Homeland Security; (iii) the Committee on Financial Services; (iv) the Committee on the Judiciary; and (v) the Permanent Select Committee on Intelligence; and (B) in the Senate-- (i) the Committee on Foreign Relations; (ii) the Committee on Homeland Security and Governmental Affairs; (iii) the Committee on Banking, Housing, and Urban Affairs; (iv) the Committee on the Judiciary; and (v) the Select Committee on Intelligence. (3) Financial institution.--The term ``financial institution'' has the meaning given such term in section 5312 of title 31, United States Code. (4) Foreign person.--The term ``foreign person'' means-- (A) a natural person who is not a United States person under paragraph (5)(A); or (B) a foreign entity or foreign government. (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 3. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR ACTIONS TO UNLAWFULLY ACCESS, DISRUPT, INFLUENCE, OR IN ANY WAY ALTER INFORMATION OR INFORMATION SYSTEMS RELATED TO UNITED STATES POLITICAL PARTIES OR ELECTIONS FOR FEDERAL OFFICE. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a list of each foreign person that the Secretary determines-- (1) was, at any time since January 1, 2015, involved in actions to unlawfully access, disrupt, influence, or in any way alter information or information systems related to United States political parties, candidates in elections for Federal office, or the administration of elections for Federal office; or (2) acted as an agent of or on behalf of such a foreign person in a matter relating to an activity described in paragraph (1). (b) Updates.--The Secretary of State shall submit to the appropriate congressional committees an update of the list required under subsection (a) as new information becomes available. (c) Form.-- (1) In general.--Except as provided in paragraph (2), the list required under subsection (a) shall be submitted in unclassified form. (2) Exception.--The name of a foreign person to be included in the list required under subsection (a) may be submitted in a classified annex only if the Secretary of State-- (A) determines that it is in the national security interests of the United States to do so; and (B) 15 days prior to submitting any such name in such a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include any such foreign person in any such classified annex despite any publicly available information indicating that such foreign person is described in paragraph (1) or (2) of such subsection. (3) Public availability; nonapplicability of confidentiality requirement with respect to visa records.--The unclassified portion of the list required under subsection (a) shall be made available to the public and published in the Federal Register, without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 4. INADMISSIBILITY OF CERTAIN ALIENS. (a) Ineligibility for Visas.--An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if such alien is a foreign person on the list required under section 3(a). (b) Current Visas Revoked.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who is a foreign person on the list required under section 3(a) and who would therefore be ineligible to receive such a visa or documentation under subsection (a) of this section. (c) Applicability to Foreign Entities and Foreign Governments.-- Subsections (a) and (b) of this section shall apply to aliens who are officials of, working or acting on behalf of, or otherwise associated with a foreign entity or foreign government that is a foreign person included on the list required under section 3(a) if such aliens are determined by the Secretary of State to have authorized or otherwise knowingly furthered the actions described in such section 3(a). (d) Waiver for National Security Interests.-- (1) In general.--The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if-- (A) the Secretary determines that such a waiver-- (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) prior to granting such a waiver, the Secretary provides to the appropriate congressional committees notice of, and a justification for, such waiver. (2) Timing for certain waivers.--Notification under subparagraph (B) of paragraph (1) shall be made not later than 15 days prior to granting a waiver under such paragraph if the Secretary of State grants such waiver in the national security interests of the United States in accordance with subparagraph (A)(ii) of such paragraph. (e) Regulatory Authority.--The Secretary of State shall prescribe such regulations as are necessary to carry out this section. SEC. 5. FINANCIAL MEASURES. (a) Freezing of Assets.-- (1) In general.--The President, acting through the Secretary of the Treasury, shall exercise all powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to freeze and prohibit all transactions in all property and interests in property of a foreign person that is on the list required under section 3(a) of this Act if such property or interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Applicability to foreign entities and foreign governments.--Paragraph (1) shall apply to aliens who are officials of, working or acting on behalf of, or otherwise associated with a foreign entity or foreign government that is a foreign person included on the list required under section 3(a) if such aliens are determined by the President, acting through the Secretary of the Treasury, to have authorized or otherwise knowingly furthered the actions described in such section 3(a). (b) Waiver for National Security Interests.--The Secretary of the Treasury may waive the application of subsection (a) if the Secretary determines that such a waiver is in the national security interests of the United States. Not less than 15 days prior to granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, such waiver. (c) Enforcement.-- (1) Penalties.--A foreign person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties specified in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (2) Applicability to foreign entities and foreign governments.--Paragraph (1) shall apply to aliens who are officials of, working or acting on behalf of, or otherwise associated with a foreign entity or foreign government that is a foreign person included on the list required under section 3(a) if such aliens are determined by the President, acting through the Secretary of the Treasury, to have authorized or otherwise knowingly furthered the actions described in such section 3(a). (3) Requirements for financial institutions.--Not later than 120 days after the date of the enactment of this Act, the President, acting through the Secretary of the Treasury, shall prescribe or amend regulations as needed to require each financial institution that is a United States person and has within its possession or control assets that are property or interests in property of a foreign person that is on the list required under section 3(a) if such property or interests in property are in the United States, come within the United States, or come within the possession or control of a United States person to certify to the Secretary that, to the best of the knowledge of such financial institution, such financial institution has frozen all assets within the possession or control of such financial institution that are required to be frozen pursuant to subsection (a). (d) Regulatory Authority.--The President, acting through the Secretary of the Treasury, shall issue such regulations, licenses, and orders as are necessary to carry out this section. SEC. 6. REPORTS TO CONGRESS. (a) In General.--The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a report on the actions taken to carry out this Act, including-- (1) a description of each foreign person on the list required under section 3(a); (2) the dates on which such foreign persons were added to such list; and (3) a description of the actions described in such section that were undertaken by each such foreign person. (b) Timing.--The Secretary of State shall submit the first report required under this section not later than one year after the date of the enactment of this Act. The Secretary shall submit subsequent reports under this section not later than 60 days after the date of each regularly scheduled general election for Federal office, beginning with the election held in 2018. (c) Form.--Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex if such is in the national security interests of the United States. If a classified annex is included in any such report, the Secretary of State shall include in such report a specific national security justification for such classified annex.

Protect American Democracy Act of 2016 This bill directs the Department of State to submit within 120 days a list of each foreign person that: (1) was at any time since January 1, 2015, involved in actions to unlawfully access, disrupt, influence, or alter information related to U.S. political parties, federal election candidates, or the administration of federal elections; or (2) acted as an agent of, or on behalf of, such foreign person. The unclassified portion of such list shall be made available to the public and published in the Federal Register. A listed alien shall be ineligible to receive a U.S. entry visa, and any current visa shall be revoked. Such prohibitions shall also apply to an alien who is an official of, or acting on behalf of, a listed foreign entity or government if such alien knowingly furthered such prohibited actions. The President, through the Department of the Treasury, shall: (1) freeze and prohibit a listed foreign person's transactions in property and property interests that are in the United States or controlled a U.S. person, and (2) require each financial institution that is a U.S. person and has within its possession or control such property or property interests to certify that it has frozen all such assets.

{"src": "billsum_train", "title": "Protect American Democracy Act of 2016"}

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Medicare Program Infrastructure Investment Act of 2000''. (b) Purpose.--The purpose of this Act is to design a strategy for the implementation of an advanced informational infrastructure for the administration of parts A and B of the medicare program in coordination with the Administrator of the Health Care Financing Administration and the Chief Information Office of the Health Care Financing Administration. SEC. 2. ESTABLISHMENT OF THE HEALTH CARE INFRASTRUCTURE COMMISSION. (a) Establishment.--There is established within the Department of Health and Human Services a Health Care Infrastructure Advisory Commission (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall carry out the following duties: (1) In conjunction with the Administrator and Chief Information Officer of the Health Care Financing Administration, the Commission shall develop a strategy to create an advanced informational infrastructure for the administration of the medicare program under parts A and B of title XVIII of the Social Security Act, including claims processing by medicare carriers and fiscal intermediaries and beneficiary information functions. (2) 18 months after the date all of the members of the Commission are appointed under subsection (c)(2), the Commission shall submit to Congress (and publish in the Federal Register) an initial report that describes a strategic plan to implement an advanced information structure for parts A and B of the medicare program, including a cost estimate and schedule for the plan, that-- (A) complies with all existing Federal financial management and information technology laws; (B) provides immediate, point-of-service information on covered items and services under the program to each beneficiary, provider of services, physician, and supplier; (C) ensures that strict security measures are integral to and designed into the system that-- (i) protect the privacy of patients and the confidentiality of personally identifiable health insurance data used or maintained under the system in a manner consistent with privacy regulations promulgated by the Secretary under the Health Insurance Portability and Accountability Act of 1996; (ii) guard system integrity in a manner consistent with security regulations promulgated by the Secretary under such Act; and (iii) apply to any network service provider used in connection with the system; (D) immediately notifies each provider of services, physician, or supplier of any incomplete or invalid claim, including-- (i) the identification of any missing information; (ii) the identification of any coding errors; and (iii) information detailing how the provider of services, physician, or supplier may develop a claim under such system; (E) allows for proper completion and resubmission of each claim identified as incomplete or invalid under subparagraph (D); (F) allows for immediate automatic processing of clean claims and subsequent payment in accordance with the provisions of sections 1816(c)(2)(B)(i) and 1842(c)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395h(c)(2)(B)(i) and 1395u(c)(2)(B)(i)) so that a provider of services, physician, or supplier may immediately provide the beneficiary with a written explanation of medical benefits, including an explanation of costs and coverage to any beneficiary under parts A and B at the point of care; (G) allows for electronic payment of claims to each provider of services, physician, and supplier, including payment through electronic funds transfer, for each claim for which payment is not made on a periodic interim payment basis under section 1815(e)(2) of such Act (42 U.S.C. 1395g(e)(2)) for items and services furnished under part A; (H) complies with all applicable transactions standards adopted by the Secretary under the Health Insurance Portability and Accountability Act of 1996; (I) provides for system specifications that are flexible, modular in nature, scalable, and performance- based; and (J) is designed to be used, or easily adapted for use, in other health insurance programs administered by a department or agency of the United States. (3) Not later than one year after the date the Commission submits the initial report under paragraph (2), the Commission shall submit to Congress (and shall publish in the Federal Register) a final report on the Secretary's progress in developing an advanced informational system. (4) Each report required under this subsection-- (A) shall include those recommendations, findings, and conclusions of the Commission that receive the approval of at least a majority of the members of the Commission; and (B) shall include dissenting or additional views of members of the Commission with respect to the subject matter of the report. (c) Membership.-- (1) Composition.--The Commission shall be composed of 13 voting members appointed in accordance with paragraph (2) and two ex officio voting members designated under paragraph (3). (2) In general.--Not later than 90 days after the date of the enactment of this Act, members of the Commission shall be appointed as follows: (A) The Director of the Defense Advanced Research Projects Agency shall appoint one member. (B) The Director of the National Science Foundation shall appoint one member. (C) The Director of the Office of Science and Technology Policy shall appoint one member. (D) The Secretary shall appoint one member who represents each of the following: (i) Physicians and other health care practitioners. (ii) Hospitals. (iii) Skilled nursing facilities. (iv) Home health agencies. (v) Suppliers of durable medical equipment. (vi) Fiscal intermediaries and carriers. (E) The Secretary shall appoint two members who represent information technology providers, one who represents medicare information technology providers and one who represent health industry information technology providers. (F) The Secretary shall appoint two members who represent medicare beneficiaries. (3) Ex officio members.--The following shall serve as ex officio members of the Commission: (A) The Secretary, who shall be the chairperson of the Commission. (B) The Chief Financial Officer of the Health Care Financing Administration. (4) Qualifications.--Each of the members appointed under paragraph (2) shall be knowledgeable in advanced information technology, financial management, or electronic billing procedures associated with health care benefit programs. One of the members appointed under paragraph (2)(F) shall have expertise in health information privacy. (d) Meetings.-- (1) In general.--The Commission shall meet at the call of the chairperson, except that it shall meet-- (A) not less than four times each year; or (B) on the written request of a majority of its members. (2) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (e) Compensation.--Each member of the Commission who is a full-time officer or employee of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Staff.-- (1) In general.--The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.--The chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees.--Upon request of the chairperson, the head of any Federal department or agency may detail to the Commission, without reimbursement, basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. Such detail shall be without interruption or loss of civil service status or privilege. (g) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (h) Termination.--The Commission shall terminate on the date that is 60 days after the date the Commission submits to Congress the final report under subsection (b)(3). (i) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary for the Commission to carry out its duties under this section. (2) Availability.--Any sums appropriated under paragraph (1) shall remain available until the termination of the Commission under subsection (h). (j) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (2) Administrator.--The term ``Administrator'' means the Administrator of the Health Care Financing Administration. (k) Applicability of FACA.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. SEC. 3. IMPLEMENTATION OF SYSTEM. (a) Annual Reports on Implementation.--Not later than 6 months after the Commission publishes in the Federal Register the final report required under section 2(b)(3) and annually thereafter until the date of final implementation under subsection (b), the Secretary shall submit to Congress a report on the progress of the Health Care Financing Administration on implementing a modernized advanced, integrated informational infrastructure for the administration of parts A and B of the medicare program. (b) Final Implementation.--Not later than 10 years after the date of the enactment of this Act, the Secretary shall fully implement a modernized advanced, integrated informational infrastructure for the administration of parts A and B of the medicare program. SEC. 4. ADMINISTRATIVE SIMPLIFICATION. Section 1173(a) of the Social Security Act (42 U.S.C. 1320d-2(a)) is amended by adding at the end the following new paragraph: ``(4) Interactive transactions.--If the Secretary adopts a batch standard for a transaction under paragraph (1) that involves a health care provider, not later than 24 months after the adoption of the batch standard, the Secretary shall also adopt an interactive standard that is compatible with the batch standard so that the provider may immediately complete the transaction at the point of service.''.

Amends SSA title XI to provide that if the HHS Secretary adopts a batch standard for a transaction involving a health care provider to enable health information to be exchanged electronically, the Secretary shall also adopt an interactive standard compatible with the batch standard so that the provider may immediately complete the transaction at the point of service.

{"src": "billsum_train", "title": "Medicare Program Infrastructure Investment Act of 2000"}

SECTION 1. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish within the Office of the Secretary an advisory committee to be known as the Tick-Borne Diseases Advisory Committee (referred to in this section as the ``Committee''). (b) Duties.--The Committee shall advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can-- (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant Federal agencies on priorities related to the Lyme and tick-borne diseases. (c) Membership.-- (1) Appointed members.-- (A) In general.--The Secretary shall appoint the voting members of the Committee from among individuals who are not officers or employees of the Federal Government. (B) Groups.--The voting members of the Committee shall include the following: (i) At least 4 members from the scientific community representing the broad spectrum of viewpoints held within the scientific community related to Lyme and other tick-borne diseases. (ii) At least 2 representatives of tick- borne disease voluntary organizations. (iii) At least 2 health care providers, including at least 1 full-time practicing physician, with relevant experience providing care for individuals with a broad range of acute and chronic tick-borne diseases. (iv) At least 2 patient representatives who are individuals who have been diagnosed with a tick-borne disease or who have had an immediate family member diagnosed with such a disease. (v) At least 2 representatives of State and local health departments and national organizations that represent State and local health professionals. (C) Diversity.--In appointing members under this paragraph, the Secretary shall ensure that such members, as a group, represent a diversity of scientific perspectives relevant to the duties of the Committee. (2) Ex officio members.--The Secretary shall designate, as nonvoting, ex officio members of the Committee, representatives overseeing tick-borne disease activities from each of the following Federal agencies: (A) The Centers for Disease Control and Prevention. (B) The National Institutes of Health. (C) The Agency for Healthcare Research and Quality. (D) The Food and Drug Administration. (E) The Office of the Assistant Secretary for Health. (F) Such additional Federal agencies as the Secretary determines to be appropriate. (3) Co-chairpersons.--The Secretary shall designate the Assistant Secretary for Health as the co-chairperson of the Committee. The appointed members of the Committee shall also elect a public co-chairperson. The public co-chairperson shall serve a 2-year term. (4) Term of appointment.--The term of service for each member of the Committee appointed under paragraph (1) shall be 4 years. (5) Vacancy.--A vacancy in the membership of the Committee shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (d) Meetings.--The Committee shall hold public meetings, except as otherwise determined by the Secretary, after providing notice to the public of such meetings, and shall meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items with respect to such meetings may be added at the request of the members of the Committee, including the co-chairpersons. Meetings shall be conducted, and records of the proceedings shall be maintained, as required by applicable law and by regulations of the Secretary. (e) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Committee, through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, shall submit a report to the Secretary. Each such report shall contain, at a minimum-- (1) a description of the Committee's functions; (2) a list of the Committee's members and their affiliations; and (3) a summary of the Committee's activities and recommendations during the previous year, including any significant issues regarding the functioning of the Committee. (f) Authorization of Appropriations.--Of the amounts made available to the Department of Health and Human Services for general departmental management for fiscal years 2012 through 2016, there is authorized to be appropriated $250,000 for each of such fiscal years to carry out this Act. Amounts made available to carry out this Act shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act, except that no voting member of the Committee shall be a permanent salaried employee.

Requires the Secretary of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee to advise the Secretary and the Assistant Secretary for Health regarding the manner in which they can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and tick-borne diseases.

{"src": "billsum_train", "title": "To provide for the establishment of the Tick-Borne Diseases Advisory Committee."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Currency Undervaluation Investigation Act''. SEC. 2. INVESTIGATION OR REVIEW OF CURRENCY UNDERVALUATION UNDER COUNTERVAILING DUTY LAW. Subsection (c) of section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a(c)) is amended by adding at the end the following: ``(6) Currency undervaluation.--For purposes of a countervailing duty investigation under this subtitle in which the determinations under clauses (i) and (ii) of paragraph (1)(A) are affirmative, or a review under subtitle C with respect to a countervailing duty order, the administering authority shall initiate an investigation to determine whether currency undervaluation by the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy, if-- ``(A) a petition filed by an interested party (described in subparagraph (C), (D), (E), (F), or (G) of section 771(9)) alleges the elements necessary for the imposition of the duty imposed by section 701(a); and ``(B) the petition is accompanied by information reasonably available to the petitioner supporting those allegations.''. SEC. 3. BENEFIT CALCULATION METHODOLOGY WITH RESPECT TO CURRENCY UNDERVALUATION. Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following: ``(37) Currency undervaluation benefit.-- ``(A) Currency undervaluation benefit.--For purposes of a countervailing duty investigation under subtitle A, or a review under subtitle C with respect to a countervailing duty order, the following shall apply: ``(i) In general.--If the administering authority determines to investigate whether currency undervaluation provides a countervailable subsidy, the administering authority shall determine whether there is a benefit to the recipient of that subsidy and measure such benefit by comparing the simple average of the real exchange rates derived from application of the macroeconomic-balance approach and the equilibrium-real-exchange-rate approach to the official daily exchange rate identified by the administering authority. ``(ii) Reliance on data.--In making the determination under clause (i), the administering authority shall rely upon data that are publicly available, reliable, and compiled and maintained by the International Monetary Fund or the World Bank, or other international organizations or national governments if data from the International Monetary Fund or World Bank are not available. ``(B) Definitions.--In this paragraph: ``(i) Macroeconomic-balance approach.--The term `macroeconomic-balance approach' means a methodology under which the level of undervaluation of the real effective exchange rate of the currency of the exporting country is defined as the change in the real effective exchange rate needed to achieve equilibrium in the balance of payments of the exporting country, as such methodology is described in the guidelines of the International Monetary Fund's Consultative Group on Exchange Rate Issues, if available. ``(ii) Equilibrium-real-exchange-rate approach.--The term `equilibrium-real-exchange- rate approach' means a methodology under which the level of undervaluation of the real effective exchange rate of the currency of the exporting country is defined as the difference between the observed real effective exchange rate and the real effective exchange rate, as such methodology is described in the guidelines of the International Monetary Fund's Consultative Group on Exchange Rate Issues, if available. ``(iii) Real exchange rates.--The term `real exchange rates' means the bilateral exchange rates derived from converting the trade-weighted multilateral exchange rates yielded by the macroeconomic-balance approach and the equilibrium-real-exchange-rate approach into real bilateral terms.''. SEC. 4. MODIFICATION OF DEFINITION OF SPECIFICITY WITH RESPECT TO EXPORT SUBSIDY. Section 771(5A)(B) of the Tariff Act of 1930 (19 U.S.C. 1677(5A)(B)) is amended by adding at the end the following new sentence: ``The fact that a subsidy may also be provided in circumstances that do not involve export shall not, for that reason alone, mean that the subsidy cannot be considered contingent upon export performance.''. SEC. 5. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438), the amendments made by this Act shall apply with respect to goods from Canada and Mexico. SEC. 6. EFFECTIVE DATE. The amendments made by this Act apply to countervailing duty investigations initiated under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and reviews initiated under subtitle C of title VII of such Act (19 U.S.C. 1675 et seq.)-- (1) before the date of the enactment of this Act, if the investigation or review is pending a final determination as of such date of enactment; and (2) on or after such date of enactment.

Currency Undervaluation Investigation Act Amends the Tariff Act of 1930 to require the administering authority, upon the filing of a petition by an interested party, to initiate a countervailing duty investigation or review to determine whether currency undervaluation by the government of, or any public entity within, a foreign country is providing, directly or indirectly, a countervailable subsidy to its exporters or products. Declares that the fact that such a subsidy is also provided in circumstances not involving export shall not, for that reason alone, mean it cannot be considered export contingent and actionable under a countervailing duty and antidumping duty proceeding. Declares that the amendments made by this Act shall apply to goods from Canada and Mexico.

{"src": "billsum_train", "title": "Currency Undervaluation Investigation Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Benefits Improvement Act of 2007''. SEC. 2. PROVISION OF SPECIALLY ADAPTIVE HOUSING ASSISTANCE TO DISABLED MEMBERS OF THE ARMED FORCES RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY MEMBER. Section 2102A of title 38, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Assistance for Members of the Armed Forces.--The Secretary may provide assistance under subsection (a) to a member of the Armed Forces serving on active duty who is suffering from a disability described in subsection (a)(2) or (b)(2) of section 2101 of this title if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under subsection (a) to veterans eligible for assistance under that subsection and subject to the limitation under subsection (c).''. SEC. 3. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATION ASSISTANCE PROGRAM. (a) Establishment of Program.--Chapter 76 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER VIII--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS SCHOLARSHIP PROGRAM ``Sec. 7691. Authority for program ``As part of the Educational Assistance Program and subject to the availability of appropriations for such purpose, the Secretary shall carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans Affairs Visual Impairment and Orientation and Mobility Professionals Scholarship Program (hereinafter in this subchapter referred to as the `Program'). The purpose of the Program is to increase the supply of qualified blind rehabilitation specialists for the Department and the Nation. ``Sec. 7692. Eligibility; agreement ``(a) Eligibility.--To be eligible to participate in the Program, an individual must be accepted for enrollment or enrolled (as described in section 7602 of this title) as a full-time or part-time student in a field of education or training described in subsection (b). ``(b) Qualifying Fields of Education or Training.--A field of education or training described in this subsection is education or training leading to-- ``(1) a degree or certificate in visual impairment or orientation and mobility, or a dual degree or certification in both such areas; and ``(2) appointment or retention in a position under section 7401 of this title. ``(c) Agreement.--(1) An agreement between the Secretary and a participant in the Program shall (in addition to the requirements set forth in section 7604 of this title) include the following: ``(A) The Secretary's agreement to provide the participant with a scholarship under the Program for a specified number (from one to three) of school years during which the participant pursues a course of education or training described in subsection (b) that meets the requirements set forth in section 7602(a) of this title. ``(B) The participant's agreement to serve as a full-time employee in the Veterans Health Administration for a period of three years (hereinafter in this subchapter referred to as the `period of obligated service') during the six-year period beginning on the date the participant completes the education or training and receives a degree or certificate described in subsection (b)(1). ``(C) The participant's agreement to serve under subparagraph (B) in a Department facility selected by the Secretary. ``(2) In a case in which an extension is granted under section 7673(c)(2) of this title, the number of years for which a scholarship may be provided under the Program shall be the number of school years provided for as a result of the extension. ``(3) In the case of a participant who is a part-time student, the period of obligated service shall be reduced in accordance with the proportion that the number of credit hours carried by such participant in any such school year bears to the number of credit hours required to be carried by a full-time student in the course of training being pursued by the participant, but in no event to less than one year. ``Sec. 7693. Scholarship ``(a) Scholarship.--A scholarship provided to a participant in the Program for a school year shall consist of payment of the tuition (or such portion of the tuition as may be provided under subsection (b)) of the participant for that school year and payment of other reasonable educational expenses (including fees, books, and laboratory expenses) for that school year. ``(b) Amounts.--The total amount of the scholarship payable under subsection (a)-- ``(1) in the case of a participant in the Program who is a full-time student, may not exceed $15,000 for the equivalent of one year of full-time coursework; and ``(2) in the case of a participant in the Program who is a part-time student, shall bear the same ratio to the amount that would be paid under paragraph (1) if the participant were a full-time student in the course of education or training being pursued by the participant as the coursework carried by the participant to full-time coursework in that course of education or training. ``(c) Limitations on Period of Payment.--(1) The maximum number of school years for which a scholarship may be paid under subsection (a) to a participant in the Program shall be six school years. ``(2) A participant in the Program may not receive a scholarship under subsection (a) for more than the equivalent of three years of full-time coursework. ``(d) Payment of Educational Expenses by Educational Institutions.--The Secretary may arrange with an educational institution in which a participant in the Program is enrolled for the payment of the educational expenses described in subsection (a). Such payments may be made without regard to subsections (a) and (b) of section 3324 of title 31. ``(e) Full-Time Coursework.--For purposes of this section, full- time coursework shall consist of the following: ``(1) In the case of undergraduate coursework, 30 semester hours per undergraduate school year. ``(2) In the case of graduate coursework, 18 semester hours per graduate school year. ``Sec. 7694. Obligated service ``(a) In General.--Each participant in the Program shall provide service as a full-time employee of the Department for the period of obligated service provided in the agreement of the participant entered into under section 7604 of this title. Such service shall be provided in the full-time clinical practice of such participant's profession or in another health-care position in an assignment or location determined by the Secretary. ``(b) Determination of Service Commencement Date.--(1) Not later than 60 days before a participant's service commencement date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant's period of obligated service. ``(2) As soon as possible after a participant's service commencement date, the Secretary shall-- ``(A) in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint the participant as such an employee; and ``(B) in the case of a participant who is an employee in the Veterans Health Administration but is not serving in a position for which the participant's course of education or training prepared the participant, assign the participant to such a position. ``(3)(A) In the case of a participant receiving a degree from a school of medicine, osteopathy, dentistry, optometry, or podiatry, the participant's service commencement date is the date upon which the participant becomes licensed to practice medicine, osteopathy, dentistry, optometry, or podiatry, as the case may be, in a State. ``(B) In the case of a participant receiving a degree from a school of nursing, the participant's service commencement date is the later of-- ``(i) the participant's course completion date; or ``(ii) the date upon which the participant becomes licensed as a registered nurse in a State. ``(C) In the case of a participant not covered by subparagraph (A) or (B), the participant's service commencement date is the later of-- ``(i) the participant's course completion date; or ``(ii) the date the participant meets any applicable licensure or certification requirements. ``(4) The Secretary shall by regulation prescribe the service commencement date for participants who were part-time students. Such regulations shall prescribe terms as similar as practicable to the terms set forth in paragraph (3). (c) ``(c) Commencement of Obligated Service.--(1) Except as provided in paragraph (2), a participant in the Program shall be considered to have begun serving the participant's period of obligated service-- ``(A) on the date, after the participant's course completion date, on which the participant (in accordance with subsection (b)) is appointed as a full-time employee in the Veterans Health Administration; or ``(B) if the participant is a full-time employee in the Veterans Health Administration on such course completion date, on the date thereafter on which the participant is assigned to a position for which the participant's course of training prepared the participant. ``(2) A participant in the Program who on the participant's course completion date is a full-time employee in the Veterans Health Administration serving in a capacity for which the participant's course of training prepared the participant shall be considered to have begun serving the participant's period of obligated service on such course completion date. ``(d) Course Completion Date Defined.--In this section, the term `course completion date' means the date on which a participant in the Program completes the participant's course of education or training under the Program. ``Sec. 7695. Repayment for failure to satisfy requirements of agreement ``(a) In General.--An individual who receives educational assistance under this subchapter shall repay to the Secretary an amount equal to the unearned portion of such assistance if the individual fails to satisfy the requirements of the agreement entered into under section 7604 of this title, except in circumstances authorized by the Secretary. ``(b) Amount of Repayment.--The Secretary shall establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted. ``(c) Waiver or Suspension of Compliance.--The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of an individual for service or payment under this subchapter (or an agreement under this subchapter) whenever noncompliance by the individual is due to circumstances beyond the control of the individual or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States. ``(d) Obligation as Debt to United States.--An obligation to repay the Secretary under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date of the termination of the agreement or contract on which the debt is based.''. (b) Clerical Amendment.--The tables of sections at the beginning of such chapter is amended by inserting after the items relating to subchapter VII the following new items: ``subchapter viii--visual impairment and orientation and mobility professionals scholarship program ``7691. Authority for program. ``7692. Eligibility; agreement. ``7693. Scholarship. ``7694. Obligated service. ``7695. Repayment for failure to satisfy requirements of agreement.''. (c) Conforming Amendments.--Such chapter is further amended-- (1) in section 7601(a)-- (A) in paragraph (4), by striking ``and'' at the end; (B) in paragraph (5), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(6) the Visual Impairment and Orientation and Mobility Professionals Scholarship Program provided for in subchapter VIII of this chapter.''; (2) in section 7602-- (A) in subsection (a)(1)-- (i) by striking ``or VI'' and inserting ``VI, or VIII''; and (ii) by striking ``or for which a scholarship may be awarded under subchapter VI of this chapter'' and inserting ``for which a scholarship may be awarded under subchapter VI of this chapter, or for which a scholarship may be awarded under subchapter VIII of this chapter''; and (B) in subsection (b), by striking ``or VI'' and inserting ``VI, or VIII''; (3) in section 7603(a)(1), by striking ``or VI'' and inserting ``VI, or VIII''; and (4) in section 7604, by striking ``or VI'' each place it appears and inserting ``VI, or VIII''. (d) Effective Date.--The Secretary of Veterans Affairs shall implement subchapter VIII of chapter 76 of title 38, United States Code, as added by subsection (a), not later than six months after the date of the enactment of this Act. SEC. 4. VETERANS' REEMPLOYMENT RIGHTS REPORT IMPROVEMENT. (a) Additional Report Requirements.--Section 4332 of title 38, United States Code, is amended-- (1) by striking ``The Secretary shall'' and inserting ``(a) Report Required.--The Secretary shall''; (2) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively, and inserting after paragraph (3) the following new paragraph (4): ``(4) The number of cases reviewed by the Secretary of Defense under the National Committee for Employer Support of the Guard and Reserve of the Department of Defense during the fiscal year for which the report is made.''. (3) in paragraph (5), as so redesignated, by striking ``or (3)'' and inserting ``(3), or (4)''; (4) by redesignating paragraph (7), as so redesignated, as paragraph (8), and inserting after paragraph (6) the following new paragraph (7): ``(7) An indication of which of the cases reported on pursuant to paragraphs (1), (2), (3), and (4) are disability- related.''. (5) by adding at the end the following new subsections: ``(b) Uniform Categorization of Data.--The Secretary shall coordinate with the Secretary of Defense, the Secretary of Veterans Affairs, the Attorney General, and the Special Counsel to ensure that the information required to be submitted as part of the report under subsection (a) is categorized in a uniform way. ``(c) Provision of Information.--The Secretary shall provide the information contained in the report required under subsection (a) to the Secretary of Defense, the Secretary of Veterans Affairs, the Attorney General, and the Special Counsel.''. (b) Effective Date.--The amendments made by this section shall apply with respect to a report submitted after the date of the enactment of this Act. SEC. 5. INCREASE IN NUMBER OF MEMBERS OF ADVISORY COMMITTEE ON VETERANS EMPLOYMENT, TRAINING, AND EMPLOYER OUTREACH. Section 4110(c)(1) of title 38, United States Code, is amended by striking ``15'' and inserting ``16''. Passed the House of Representatives July 30, 2007. Attest: LORRAINE C. MILLER, Clerk.

Veterans' Benefits Improvement Act of 2007 - (Sec. 2) Authorizes the Secretary of Veterans Affairs to provide specially adaptive housing assistance for disabled members of the Armed Forces residing temporarily in housing owned by a family member if such military member suffers from a disability which is permanent and total in nature and is the result of an injury incurred or disease contracted or aggravated in the line of duty in active military service. (Sec. 3) Directs the Secretary to carry out the Department of Veterans Affairs Visual Impairment and Orientation and Mobility Professionals Scholarship Program to increase the supply of qualified blind rehabilitation specialists for the Department of Veterans Affairs (VA) and the country. Outlines eligibility requirements, including being a full- or part-time student in such fields of education or training. Requires: (1) full-time scholarship recipients to serve full-time in the Veterans Health Administration (VHA) in such field of clinical practice for three years during the six-year period following completion of such education or training; and (2) part-time recipients to serve a proportionately reduced period, but not less than one year. Limits to $15,000 per academic year the maximum scholarship for full-time participants. Requires pro rata repayment for unserved periods of obligated service. (Sec. 4) Requires the Secretary to include, within a currently-required annual report concerning veterans' reemployment rights: (1) the number of cases reviewed by the Secretary of Defense under the National Committee for Employer Support of the Guard and Reserve of the Department of Defense; and (2) an indication of which of the reported cases are disability-related. (Sec. 5) Increases from 15 to 16 the number of members on the Advisory Committee on Veterans Employment, Training, and Employer Outreach.

{"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to make certain improvements in the benefits provided to veterans under laws administered by the Secretary of Veterans Affairs, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teach Safe Relationships Act of 2015''. SEC. 2. FUND FOR THE IMPROVEMENT OF EDUCATION. Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: ``Subpart 22--Providing Safe Relationship Behavior Education and Training ``SEC. 5621. SHORT TITLE. ``This subpart may be cited as the `Teach Safe Relationships Act of 2015'. ``SEC. 5622. STATEMENT OF PURPOSE. ``It is the purpose of this subpart: ``(1) To help ensure that all students receive evidence- informed safe relationship behavior education and training, including education and training regarding the prevention of teen and adolescent dating violence or relationship abuse, domestic abuse, and sexual violence and harassment. ``(2) To promote safe and healthy relationships between and among students. ``(3) To help students and school faculty and staff to develop healthy and respectful attitudes and insights necessary for students to understand themselves in the context of relationships with others and with society. ``(4) To provide financial assistance to support local educational agencies in meeting the requirements of title IX of the Educational Amendments of 1972. ``SEC. 5623. FINDINGS. ``Congress finds the following: ``(1) Educating students about safe relationship behavior will aid in the prevention of unsafe dating practices, including dating violence, sexual assault, and stalking. ``(2) The Violence Against Women Act of 1994 (42 U.S.C. 13925 et seq.) included programs to develop and implement prevention and intervention policies in middle and high schools, including appropriate responses to, and identification and referral procedures for, students who are experiencing or perpetrating domestic violence, dating violence, sexual assault, sexual harassment, stalking, or sex trafficking. ``(3) Schools can play an important role in providing students with a knowledge base that may allow students to make informed decisions and form a healthy lifestyle. ``(4) According to the Department of Justice, there is an average of 293,066 victims (age 12 or older) of rape and sexual assault each year. ``(5) Young women between the ages of 16 and 24 experience the highest rate of intimate partner violence. According to one national study, 29 percent of the young women surveyed who had ever been in a relationship said they had been pressured to have sex or to engage in sexual activity they did not want. ``(6) From 1997 to 2013, females ages 18 to 24 consistently experienced higher rates of rape and sexual assault than females in other age brackets. ``(7) Partners of all genders and those in same-sex relationships also experience dating violence. A 2013 survey of grade school students found that 43 percent of lesbian, gay, bisexual, and transgender youth reported being victims of physical dating violence, compared to 29 percent of heterosexual youth. ``(8) Experiencing dating violence is associated with an increase in sexual risk-taking behaviors, health risks, and is associated with adolescent and unintended pregnancy. ``(9) Teaching and learning practices in the United States frequently do not address safe relationship behavior education and training, for example-- ``(A) sex education curriculum should address emotional relationship health; ``(B) sexual harassment undermines the ability of schools to provide safe and equitable learning or workplace environments; and ``(C) classroom textbooks and educational materials do not sufficiently reflect the promotion of safe and healthy relationships. ``(10) Efforts to improve the quality of public education must also include efforts to ensure programs for safe relationship behavior training. ``(11) Federal support should address not only research and development of innovative model curricula and teaching and learning strategies to promote healthy behavior, but should also assist schools and local communities with implementing a curriculum that includes sexual assault and teen dating violence. ``SEC. 5624. DEFINITIONS. ``In this subpart: ``(1) Consent.-- ``(A) In general.--The term `consent' means affirmative, unambiguous, and voluntary agreement to engage in a specific sexual activity during a sexual encounter. ``(B) Limitations.--Consent cannot be given by an individual who is-- ``(i) asleep, or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason; ``(ii) under duress or experiencing a threat, coercion, or force; or ``(iii) inferred under circumstances in which consent is not clear, including the absence of language or actions that indicate unwillingness (such as saying `no' or `stop'), or the existence of a prior or current relationship or prior or current sexual activity. ``(2) Safe relationship behavior education.--The term `safe relationship behavior education' means education that-- ``(A) is medically accurate and appropriate for an individual's age, developmental stage, and culture; ``(B) promotes safe relationships and teaches students to recognize and prevent-- ``(i) physical and emotional relationship abuse; and ``(ii) coercion, violence, or abuse, including teen and adolescent dating violence, domestic abuse, and sexual violence and harassment; ``(C) includes education regarding relationship communication skills, emotional health, accountability, and well-being in relationships, and consent; and ``(D) includes education regarding healthy relationships, including the development of healthy attitudes and insights necessary for understanding relationships between oneself, family, partners, others, and society, including skills on healthy self- esteem, and self-efficacy and stress management. ``(3) Sexual assault.--The term `sexual assault' means any nonconsensual sexual act proscribed by Federal, State, or tribal law, including when a victim lacks capacity to consent. ``(4) Sexual harassment.--The term `sexual harassment' means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. ``(5) Sexual violence.--The term `sexual violence' means physical sexual acts perpetrated against a person's will or when or where a person is incapable of giving consent. ``(6) Teen and adolescent dating violence.--The term `teen and adolescent dating violence' means-- ``(A) violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and ``(B) where the existence of such a relationship shall be determined based on a consideration of factors, including-- ``(i) the length of the relationship; ``(ii) the type of relationship; and ``(iii) the frequency of interaction between the persons involved in the relationship. ``SEC. 5625. GRANTS AUTHORIZED. ``(a) Authority.--The Secretary is authorized to award grants to local educational agencies in order to enable such agencies-- ``(1) to provide professional development to school administrators, teachers, and staff in safe relationship behavior education and teaching and learning practices; and ``(2) to provide educational programming and curricula that is age appropriate and developmentally and culturally appropriate for students regarding safe relationship behavior education and training. ``(b) Award Basis.--The Secretary is authorized to award grants under this section-- ``(1) on a competitive basis; and ``(2) in a manner that ensures that such grants are equitably distributed among local educational agencies located in rural, urban, and suburban areas. ``(c) Duration.--Grants awarded under this section shall be for a period of 4 years. ``(d) Policy Dissemination.--The Secretary shall disseminate to local educational agencies any Department policy guidance regarding safe relationship behavior training and the promotion of safe and healthy relationships. ``(e) Use of Funds.--Each local educational agency that receives a grant under this subpart shall use grant funds to develop and implement curricula for students that-- ``(1) incorporate elements of effective and evidence-based or evidence-informed programs that include-- ``(A) safe relationship behavior training, including for the prevention of teen and adolescent dating violence, domestic abuse, and sexual violence and harassment; and ``(B) education about healthy relationships between oneself and family, others, and society; and ``(2) are age appropriate, developmentally appropriate, and culturally and linguistically appropriate, reflecting the diverse circumstance and realities of young people. ``(f) Application.--To be eligible for a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Each application shall include a description of the local educational agency's-- ``(1) need for funds provided under this subpart; ``(2) plan for implementing the activities described under subsection (e); and ``(3) measurable objectives for, and expected results from, the use of funds provided by the grant under this subpart. ``(g) Selection of Grantees.-- ``(1) In general.--The Secretary shall determine, based on the peer review process described in paragraph (3), which local educational agencies shall receive funding under this subpart, and the amount of the grant funding under this subpart that each selected local educational agency will receive. ``(2) Grant amounts.--In determining the amount of each grant awarded under this subpart, the Secretary shall take into account the total amount of funds available for all grants under this subpart and the types of activities proposed to be carried out by each local educational agency, in order to ensure that all grants are of sufficient size, scope, and quality to be effective. ``(3) Peer review process.--The Secretary shall convene a peer review committee to review applications for grants under this subpart and to make recommendations to the Secretary regarding the selection of grantees.''. SEC. 3. GENERAL PROHIBITION. Section 9526(a)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906(a)(3)) is amended by adding ``and safe relationship behavior education (as defined in section 5624)'' after ``abstinence''.

Teach Safe Relationships Act of 2015 This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Department of Education (ED) to award competitive four-year grants to local educational agencies (LEAs) to provide: (1) professional development to school administrators, teachers, and staff in safe relationship behavior education; and (2) educational programming and curricula for students regarding safe relationship behavior. "Safe relationship behavior education" is education that: is medically accurate and appropriate for an individual's age, developmental stage, and culture; promotes safe relationships and teaches students to recognize and prevent coercion, violence, or abuse, including physical and emotional relationship abuse; includes education regarding communication skills, emotional health, accountability, and well-being in relationships; and includes education regarding healthy relationships and consent. ED must provide LEAs with policy guidance regarding safe relationship behavior training and the promotion of safe and healthy relationships. ESEA funds may not be used for sex or HIV-prevention education in schools if that instruction does not include safe relationship behavior education. (Under current law, sex or HIV-prevention education in schools must be age appropriate and include the health benefits of abstinence.)

{"src": "billsum_train", "title": "Teach Safe Relationships Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Access to Historical Records Act''. SEC. 2. OFFICIAL DATASET ON HISTORICAL TEMPERATURE RECORD. (a) Establishment of Official Dataset by NASA.--The Administrator of the National Aeronautics and Space Administration shall establish an official dataset on the historical temperature record. (b) Requirements for Dataset.-- (1) Use of raw data.--In establishing the dataset required by this section, the Administrator shall use the raw data relating to temperature collected by each applicable station and vessel and shall, for that purpose, reexamine applicable records collected by such stations and vessels and accurately quantify the statistical uncertainty (including estimates of random and bias errors) of each temperature observation and any subsequent products based on such observation. (2) Clear and full identification of gaps in data.--In establishing the dataset, the Administrator shall clearly and fully identify each gap that exists in temperature station data and temperature reading data. (3) Fill-in data.--If in establishing the dataset the Administrator supplies or fills in data to address a gap in temperature station data or temperature reading data, or for any other reason, the Administrator shall-- (A) clearly and fully identify the data so supplied or filled in as fill-in data; and (B) clearly and fully explain the rationale for supplying or filling in such data. (c) Panel on Use of Data for Establishment of Dataset.-- (1) In general.--The Administrator shall establish a panel to assist the Administrator in the establishment of the dataset required by this section. (2) Members.--The panel shall consist of seven individuals appointed by the Administrator from among individuals in the private sector with acknowledged expertise in meteorology and statistics who-- (A) do not have a significant financial interest in taking a position on the matter of global climate change; and (B) have not received funding from any department, agency, or entity of the Federal Government for activities relating to global climate research within the past five years. (3) Duties.--The panel shall assist the Administrator in establishing the dataset required by this section by-- (A) determining which land surface, sea surface, and satellite records shall be used in the establishment of the dataset; (B) establishing standards and criteria for determining confidence levels for the interpolation and extrapolation of historical average global temperatures over successive 25-year periods in the past; and (C) establishing a rationale for an average historical global temperature and a means of analysis for assessing the accuracy of such average. (d) Independent Verification and Validation of Dataset.-- (1) In general.--Not less often than once every three years, the Administrator shall enter into a contract with an appropriate entity that is independent of the Federal Government to perform a verification and validation of the dataset established under this section. (2) Appropriate entities.--An entity with which the Administrator enters into a contract under this subsection shall be an entity with personnel having the skills and expertise appropriate for the verification or validation (as the case may be) of the dataset, including the following: (A) For the verification, personnel with skills and expertise relating to computer programming and computer software development (including error handling). (B) For the validation, personnel with expertise in statistics and meteorology. (3) Responsibilities.--In carrying out the verification or validation of the dataset under a contract under this subsection, an entity shall carry out such activities with respect to the dataset as the Administrator shall specify in the contract, including a review of any data interpolation codes for purposes of identifying and eliminating bias. (4) Publication.--Any algorithms used, and any determinations made, in the verification and validation of the dataset pursuant to this subsection shall be made available to the public. SEC. 3. USE OF DATASET IN GLOBAL CLIMATE RESEARCH. (a) Use as Sole Source of Data.--Upon the completion of the establishment of the dataset on the historical temperature record required by section 2, any person or entity engaged in global climate research that is funded in whole or in part with funds from the Federal Government shall use the dataset as the source of data on the historical temperature record. (b) Use Among Multiple Sources of Data.--In publishing any findings or hypothesis on global climate change, any person or entity engaged in global climate research that is funded in whole or in part with funds from the Federal Government shall use the dataset described in subsection (a) as the primary source, or at least one of the primary sources, for historical global temperatures if such person or entity elects to consider multiple sources of such data. SEC. 4. PUBLIC RELEASE OF TEMPERATURE STATION DATA. (a) Release of Raw Data Required.--The Secretary of Commerce shall provide for the immediate release to the public, in unadjusted form, of all raw temperature station data from cooperative observers and automated stations collected by the National Climatic Data Center as of the date of the enactment of this Act. The data shall be released to the public in a digital electronic format. (b) Release of Certain Analyses.--The Secretary shall provide for the immediate release to the public of an analysis of the differences between the raw temperature datasets and the final temperature datasets collected and administered by the National Climatic Data Center as of the date of the enactment of this Act. The analysis shall be released to the public in digital numerical tabular form and in graphical form. One such graph shall show the raw temperature dataset line overlain with the final temperature dataset line over time. SEC. 5. ACCURACY OF DATA PROCESSING AND DATA ADJUSTMENT. (a) Data Processing.-- (1) Release to public.--The applicable Federal official shall publish on the Internet website of the agency concerned that is available to the public any coding or other algorithm used by such official in processing data for purposes of complying with the requirements of section 2 or 4, as the case may be, together with a notice of the availability of the review and correction of such coding or algorithm for quality, objectivity, utility, and integrity by such agency pursuant to the administrative mechanisms applicable to such agency under section 515(b)(2)(B) of the Information Quality Act. (2) Review.--Any request for the correction of coding or other algorithm under paragraph (1) shall be processed in accordance with the guidelines of the Information Quality Act applicable to the agency concerned not later than 30 days after receipt of such request by such agency. (b) Data Adjustment.-- (1) Methods to comply with information quality act.--The applicable Federal official may not use a method for the adjustment of data for purposes of complying with the requirements of section 2 or 4, as the case may be, unless such official ensures and certifies that such method complies with the guidelines of the Information Quality Act, including, but not limited to, requirements as follows: (A) To make available to the public (including through the Internet website of the agency concerned that is available to the public) the computer coding and a detailed explanation of the processes used in such adjustment of data. (B) To make available to the public (including through such Internet website) all peer review comments relating to the data being adjusted and the processes and algorithms used in such adjustment of data. (C) To make available to the public (including through such Internet website) a description of any previous changes in the data being adjusted and of the effect of such changes on trends, averages, and other statistical categories of such data. (D) To cite all applicable studies, reports, and peer reviewed papers using the data being adjusted or any earlier iterations of such data. (E) To use in such adjustment of data only data and adjustment processes and algorithms that are non- proprietary in nature. (F) To require that any agents and contractors relied upon in such adjustment of data are subject to section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''), regarding their activities in such adjustment of data. (2) Availability upon request.--Not later than 10 days after the date of receipt of a request therefor, the applicable Federal official shall make available the certification with respect to a method for the adjustment of data under paragraph (1), together with a description of such method sufficient to permit independent replication of the adjustment made by such method. (c) Definitions.--In this section: (1) The term ``applicable Federal official'' means the following: (A) The Administrator of the National Aeronautics and Space Administration for purposes of actions under section 2. (B) The Secretary of Commerce for purposes of actions under section 4. (2) The term ``Information Quality Act'' means section 515 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by the Consolidated Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-153)).

Public Access to Historical Records Act - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish an official dataset on the historical temperature record. Requires NASA to use the raw data related to temperature that is collected by applicable stations and vessels and to quantify the statistical uncertainty of each temperature observation and any subsequent products based on that observation. Requires the gaps that exist in temperature station and temperature reading data to be clearly and fully identified. Creates a panel to assist the Administrator in the establishment of the dataset. Requires the Administrator, at least once every three years, to contract with an appropriate independent entity to perform a verification and validation of the dataset and requires the publication of any algorithms utilized, and any determinations made, in verifying and validating the dataset. Requires persons and entities engaged in global climate research funded by the federal government to use the dataset as a source of data on the historical temperature record. Directs the Secretary of Commerce to provide for the immediate release of: (1) all raw temperature station data from cooperative observers and automated stations collected by the National Climatic Data Center, and (2) an analysis of the differences between raw and final temperature datasets collected by the Center.

{"src": "billsum_train", "title": "Public Access to Historical Records Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multilateral Bosnia and Herzegovina Self-Defense Fund Act''. SEC. 2. BOSNIA AND HERZEGOVINA SELF-DEFENSE FUND. (a) Authority for Establishment.--(1) Subject to the other provisions of this section, the President is authorized to enter into an international agreement with eligible countries for the establishment of a fund to assist the self-defense of Bosnia and Herzegovina, which may be known as the ``Multilateral Bosnia and Herzegovina Self-Defense Fund''. (2) The Secretary of State is authorized-- (A) to pay the United States contribution to the Fund out of amounts made available pursuant to section 3; and (B) to transfer to the custody of the international board having responsibility for the Fund military equipment that has been drawn down in accordance with section 4. (b) Purpose.--The purpose of the Fund shall be to provide an international mechanism for the procurement of military equipment and training for transfer to the Government of Bosnia and Herzegovina for the exercise of its right to self defense under Article 51 of the United Nations Charter, and to facilitate the achievement of a just and equitable peace settlement by enabling the Government of Bosnia and Herzegovina to protect its population and territory. (c) Requirements.--An agreement referred to in subsection (a) shall meet the following requirements: (1) United states representation.--The United States will chair any international board having responsibility for the Fund. (2) Membership of the international board.--Membership of any international board having responsibility for the Fund will include, at a minimum, one representative of the Government of Bosnia and Herzegovina and one representative from the Government of Croatia. (3) Control of military equipment.--The agreement will provide procedures for the control of military equipment received by the international board having responsibility for the Fund. (4) Commitment by the government of bosnia and herzegovina.--Before any military equipment or training purchased or otherwise acquired through the Fund, or held by the international board responsible for the Fund, may be transferred to the Government of Bosnia and Herzegovina that Government will provide written assurances that the equipment or training will not be used to take reprisals against any civilians in Bosnia and Herzegovina. (5) Implementation.--No military equipment or training purchased or otherwise acquired through the Fund, or held by the international board responsible for the Fund, will be transferred to the Government of Bosnia and Herzegovina before the date of termination of the United States arms embargo against the Government of Bosnia and Herzegovina if such a transfer would violate the embargo. (d) Definitions.--As used in this section: (1) Eligible countries.--The term ``eligible countries'' includes any foreign country other than a country the government of which the Secretary of State has determined, in accordance with section 6(j)(1)(A) of the Export Administration Act of 1979, repeatedly provides support for acts of international terrorism. (2) Fund.--The term ``Fund'' means the fund established as provided in section 2(a). (3) Government of bosnia and herzegovina.--The term ``Government of Bosnia and Herzegovina'' includes any agency, instrumentality, or forces of the Government of Bosnia and Herzegovina. (4) United states arms embargo of the government of bosnia and herzegovina.--The term ``United States arms embargo of the Government of Bosnia and Herzegovina means the application to the Government of Bosnia and Herzegovina of-- (A) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 FR 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (B) any similar policy being applied by the United States Government as of the date of completion of withdrawal of UNPROFOR personnel from Bosnia and Herzegovina, pursuant to which approval is denied for transfers of defense articles and defense services to the former Yugoslavia. SEC. 3. UNITED STATES CONTRIBUTION TO THE FUND. Of the amounts made available for fiscal year 1996 to carry out the Foreign Military Financing Program under section 23 of the Arms Export Control Act, $50,000,000 shall be available only for payment to the Fund of the United States contribution authorized by section 2(a)(2)(A). SEC. 4. DRAW DOWN AUTHORITY. (a) Authority.--The President is authorized to transfer, subject to the regular notification procedures of the Committees on Appropriations of the House and the Senate, to the custody of the international board having responsibility for the Fund, without reimbursement, defense articles from the stocks of the Department of Defense and defense services of the Department of Defense of an aggregate value not to exceed $50,000,000 in fiscal year 1996. (b) Authorization of Appropriations.--There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles provided under this section. SEC. 5. REPORT. Sixty days after the date of enactment of this Act, the President shall submit a report to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives on what steps the President and the Secretary of State have taken to carry out section 2(a). SEC. 6. STATUTORY CONSTRUCTION. Nothing in this Act shall be interpreted as authorization for deployment of United States forces in the territory of Bosnia and Herzegovina for any purpose, including training, support, or delivery of military equipment.

Multilateral Bosnia and Herzegovina Self-Defense Fund Act - Authorizes the President to enter into an international agreement with eligible countries to establish the Multilateral Bosnia and Herzegovina Self-Defense Fund as an international mechanism for the procurement of military equipment and training for transfer to the Government of Bosnia and Herzegovina for the exercise of its right of self-defense. Sets forth requirements with respect to the administration of such Fund. Makes specified funds available for the U.S. contribution to the Fund. Authorizes the President, subject to notification procedures of the Committees on Appropriations, to drawdown and transfer to the custody of the international board having responsibility for the Fund, without reimbursement, defense articles from Department of Defense (DOD) stocks and DOD services of up to a specified aggregate value in FY 1996. Authorizes appropriations.

{"src": "billsum_train", "title": "Multilateral Bosnia and Herzegovina Self-Defense Fund Act"}

SECTION 1. QUALIFIED HYBRID MOTOR VEHICLE CREDITS. (a) Qualified Hybrid Motor Vehicle Purchasers Credit.-- (1) In general.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following: ``SEC. 30B. QUALIFIED HYBRID MOTOR VEHICLE PURCHASERS CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 65 percent of the sum of the credit amounts determined under subsection (b) with respect each qualified hybrid motor vehicle placed in service by the taxpayer during the taxable year. ``(b) Credit Amount.--For purposes of subsection (a)-- ``(1) Fuel economy.--The credit amount determined under this paragraph shall be determined in accordance with the following table: ``In the case of a vehicle which achieves a fuel economy (expressed as a percentage of the 2002 model The credit year city fuel economy) of-- amount is-- At least 125 percent but less than 150 percent......... $400 At least 150 percent but less than 175 percent......... $800 At least 175 percent but less than 200 percent......... $1,200 At least 200 percent but less than 225 percent......... $1,600 At least 225 percent but less than 250 percent......... $2,000 At least 250 percent................................... $2,400. ``(2) Conservation credit.--The amount determined under paragraph (1) with respect to any vehicle shall be increased in accordance with the following table: ``In the case of a vehicle which achieves a lifetime fuel savings (expressed in The credit amount gallons of gasoline) of-- shall be increased by-- At least 1,200 but less than 1,800..................... $250 At least 1,800 but less than 2,400..................... $500 At least 2,400 but less than 3,000..................... $750 At least 3,000......................................... $1,000. ``(c) New Qualified Hybrid Motor Vehicle.--For purposes of this section-- ``(1) In general.--The term `new qualified hybrid motor vehicle' means a motor vehicle-- ``(A) which draws propulsion energy from onboard sources of stored energy which are both-- ``(i) an internal combustion or heat engine using consumable fuel, and ``(ii) a rechargeable energy storage system, ``(B) which has received a certificate of conformity under the Clean Air Act and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act for that make and model year, and-- ``(i) in the case of a vehicle having a gross vehicle weight rating of 6,000 pounds or less, the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, and ``(ii) in the case of any other vehicle, the Bin 8 Tier II emission standard which is so established, ``(C) which is a passenger automobile or light truck with a gross vehicle weight rating of not more than 8,500 pounds, ``(D) which has a maximum available power of at least 4 percent, ``(E) the original use of which commences with the taxpayer, ``(F) which is acquired for use or lease by the taxpayer and not for resale, and ``(G) which is made by a manufacturer. ``(2) Consumable fuel.--For purposes of paragraph (1)(A)(i), the term `consumable fuel' means any solid, liquid, or gaseous matter which releases energy when consumed by an auxiliary power unit. ``(3) Maximum available power.--The term `maximum available power' means the maximum power available from the rechargeable energy storage system, during a standard 10 second pulse power or equivalent test, divided by such maximum power and the SAE net power of the heat engine. ``(d) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under subpart A and sections 27 and 30 for the taxable year. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Motor vehicle.--The term `motor vehicle' has the meaning given such term by section 30(c)(2). ``(2) Other terms.--The terms `automobile', `passenger automobile', `light truck', and `manufacturer' have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.). ``(3) 2002 model year city fuel economy.-- ``(A) In general.--The 2002 model year city fuel economy with respect to a vehicle shall be determined in accordance with the following tables: ``(i) In the case of a passenger automobile: ``If vehicle inertia The 2002 model year weight class is: city fuel economy is: 1,500 or 1,750 lbs................................. 45.2 mpg 2,000 lbs.......................................... 39.6 mpg 2,250 lbs.......................................... 35.2 mpg 2,500 lbs.......................................... 31.7 mpg 2,750 lbs.......................................... 28.8 mpg 3,000 lbs.......................................... 26.4 mpg 3,500 lbs.......................................... 22.6 mpg 4,000 lbs.......................................... 19.8 mpg 4,500 lbs.......................................... 17.6 mpg 5,000 lbs.......................................... 15.9 mpg 5,500 lbs.......................................... 14.4 mpg 6,000 lbs.......................................... 13.2 mpg 6,500 lbs.......................................... 12.2 mpg 7,000 to 8,500 lbs................................. 11.3 mpg. ``(ii) In the case of a light truck: ``If vehicle inertia The 2002 model year weight class is: city fuel economy is: 1,500 or 1,750 lbs................................. 39.4 mpg 2,000 lbs.......................................... 35.2 mpg 2,250 lbs.......................................... 31.8 mpg 2,500 lbs.......................................... 29.0 mpg 2,750 lbs.......................................... 26.8 mpg 3,000 lbs.......................................... 24.9 mpg 3,500 lbs.......................................... 21.8 mpg 4,000 lbs.......................................... 19.4 mpg 4,500 lbs.......................................... 17.6 mpg 5,000 lbs.......................................... 16.1 mpg 5,500 lbs.......................................... 14.8 mpg 6,000 lbs.......................................... 13.7 mpg 6,500 lbs.......................................... 12.8 mpg 7,000 to 8,500 lbs................................. 12.1 mpg. ``(B) Vehicle inertia weight class.--For purposes of subparagraph (A), the term `vehicle inertia weight class' has the same meaning as when defined in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.). ``(4) Fuel economy.--Fuel economy with respect to any vehicle shall be measured under rules similar to the rules under section 4064(c). ``(5) Reduction in basis.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(6) No double benefit.--The amount of any deduction or credit allowable under this chapter (other than the credits allowable under this section and section 30) shall be reduced by the amount of credit allowed under subsection (a) for such vehicle for the taxable year. ``(7) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of a vehicle). ``(8) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(9) Election not to take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. ``(10) Business carryovers allowed.--If the credit allowable under subsection (a) for a taxable year exceeds the limitation under subsection (d) for such taxable year, such excess (to the extent of the credit allowable with respect to property subject to the allowance for depreciation) shall be allowed as a credit carryback and carryforward under rules similar to the rules of section 39. ``(11) Interaction with motor vehicle safety standards.-- Unless otherwise provided in this section, a motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. ``(f) Regulations.-- ``(1) In general.--The Secretary shall promulgate such regulations as necessary to carry out the provisions of this section. ``(2) Determination of motor vehicle eligibility.--The Secretary, after coordination with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall prescribe such regulations as necessary to determine whether a motor vehicle meets the requirements to be eligible for a credit under this section. ``(g) Termination.--This section shall not apply to any property placed in service after December 31, 2009.''. (2) Conforming amendments.-- (A) Section 30(d) of such Code (relating to special rules) is amended by adding at the end the following new paragraph: ``(5) No double benefit.--No credit shall be allowed under this section for any motor vehicle for which a credit is also allowed under section 30B.''. (B) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following: ``(32) to the extent provided in section 30B(e)(7).''. (C) Section 6501(m) of such Code is amended by inserting ``30B(e)(9),'' after ``30(d)(4),''. (D) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following: ``Sec. 30B. Qualified hybrid motor vehicle purchasers credit.''. (3) Effective date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date. (4) Sticker information required at retail sale.-- (A) In general.--The Secretary of the Treasury shall issue regulations under which each qualified vehicle sold at retail shall display a notice-- (i) that such vehicle is a qualified vehicle, and (ii) that the buyer may not benefit from the credit allowed under section 30B of the Internal Revenue Code of 1986 if such buyer has insufficient tax liability. (B) Qualified vehicle.--For purposes of paragraph (1), the term ``qualified vehicle'' means a vehicle with respect to which a credit is allowed under section 30B of the Internal Revenue Code of 1986. (b) Qualified Hybrid Motor Vehicle Manufacturers Credit.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45J. QUALIFIED HYBRID MOTOR VEHICLE MANUFACTURERS CREDIT. ``(a) In General.--For purposes of section 38, the qualified hybrid motor vehicle manufacturers credit determined under this section is 35 percent of the sum of the credit amounts determined under section 30B(b) with respect to each qualified hybrid motor vehicle produced by the taxpayer. ``(b) Definitions.--For purposes of this section, any term used in this section which is also used in section 30B shall have the meaning given such term by section 30B.''. (2) Credit treated as business credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the qualified hybrid motor vehicle manufacturers credit determined under section 45J(a).''. (3) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45J. Qualified hybrid motor vehicle manufacturers credit.''. (4) Effective date.--The amendments made by this section shall apply to property produced after the date of the enactment of this Act, in taxable years ending after such date.

Amends the Internal Revenue Code to allow tax credits for purchasers and manufacturers of qualified hybrid motor vehicles. Defines "qualified hybrid motor vehicle" as a motor vehicle which: (1) operates on an internal combustion or heat engine using consumable fuel and a rechargeable energy storage system; (2) meets specified emission standards under the Clean Air Act; (3) is a passenger vehicle or light truck with a gross weight rating of not more than 8,500 pounds; (4) has a maximum available power (defined as the maximum power available from the rechargeable energy storage system during a standard 10-second pulse power or equivalent test, divided by such maximum power and the SAE net power of the heat engine) of at least four percent; and (5) is acquired for use or lease by a taxpayer and not for resale.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives for the production of qualified hybrid motor vehicles."}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural Economic Vitalization Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Rural vitalization program. Sec. 5. Effect of waiver of grazing permit or lease. SEC. 2. FINDINGS. Congress finds the following: (1) The use of Federal lands by grazing permittees and lessees for commercial livestock grazing is increasingly difficult due to growing conflicts with other legitimate multiple uses of the lands, such as environmental protection and burgeoning recreational use, and with congressionally mandated goals of wildlife and habitat protection and improved water quality and quantity. (2) A combination of sustained drought, foreign competition, changing domestic markets, industry restructuring, and individual ranch finances has resulted in Federal grazing permits and leases becoming stranded investments for many permittees and lessees. (3) Attempts to resolve grazing conflicts with other multiple uses often require extensive range developments, intensive herd management, and continuous monitoring that greatly increases costs to both permittees and lessees and taxpayers, far out of proportion to the benefit received. (4) Certain grazing allotments on Federal lands have, or are likely to become, unsuitable for commercial livestock production as a result of the combined effect of the factors referred to in paragraphs (1) through (3) and other factors. (5) The cost of the Federal grazing program greatly exceeds revenues to the Federal treasury from grazing receipts. (6) Many permittees and lessees have indicated their willingness to end their commercial livestock grazing on Federal lands in exchange for compensation to reasonably compensate them for the effort and investment that they have made in a grazing allotment. (7) Compensating permittees and lessees who relinquish their grazing permit or lease would help recapitalize an ailing sector of rural America by providing economic options to permittees and lessees that do not presently exist by allowing them to restructure their ranch operations, start new businesses, or retire with security. (8) Paying reasonable compensation for the relinquishment of a grazing permit or lease will help alleviate the need for permittees and lessees to sell or subdivide their private lands. SEC. 3. DEFINITIONS. In this Act: (1) Animal unit month.--The term ``animal unit month'' means the amount of forage needed to sustain one animal unit for one month, as determined by the Secretary issuing the grazing permit or lease. (2) Commercial livestock grazing.--The term ``commercial livestock grazing'' means the grazing of domestic livestock on Federal lands as authorized by a grazing permit or lease. The term does not include beasts of burden used for recreational purposes. (3) Grazing allotment.--The term ``grazing allotment'' means the designated portion of Federal land upon which domestic livestock are permitted to graze by a grazing permit or lease. (4) Grazing permit; lease.--The terms ``grazing permit or lease'' and ``grazing permit and lease'' mean any document authorizing the use of Federal lands for the purpose of commercial livestock grazing. (5) Permittee; lessee.--The terms ``permittee or lessee'' and ``permittee and lessee'' mean a livestock operator that holds a valid existing grazing permit or lease. (6) Range developments.--The term ``range developments'' means structures, fences, and other permanent fixtures placed on Federal lands for the furtherance of the purpose of grazing domestic livestock. The term does not include rolling stock, livestock and diversions of water from Federal lands onto non- Federal lands. (7) Secretaries.--The term ``Secretaries'' refers to the Secretary of Agriculture and the Secretary of Interior. (8) Secretary.--The term ``Secretary'' means the Secretary of Agriculture or the Secretary of the Interior, as appropriate to the administration of a grazing permit or lease. SEC. 4. RURAL VITALIZATION PROGRAM. (a) Waiver of Grazing Permit or Lease.-- (1) Acceptance by secretary.--Subject to the limitation set forth in subsection (c), the Secretary shall accept any grazing permit or lease that is waived by a grazing permittee or lessee. (2) Termination.--The Secretary shall terminate any grazing permit or lease acquired under paragraph (1). (3) No new grazing permit or lease.--With respect to each grazing lease or grazing permit waived under paragraph (1), the Secretary shall-- (A) not issue any new grazing permit or lease within the grazing allotment covered by the grazing permit or lease; and (B) ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing permit or lease. (b) Waiver of Grazing Permit or Lease on Common Allotments.-- (1) In general.--If a grazing allotment covered by a grazing permit or lease that is waived under subsection (a) is also covered by another grazing permit or lease that is not waived, the Secretary shall reduce the level of commercial livestock grazing on the grazing allotment to reflect the waiver. (2) Authorized level.--To ensure that there is a permanent reduction in the level of livestock grazing on the land covered by the grazing permit or lease waived under subsection (a), the Secretary shall not allow grazing to exceed the level established under paragraph (1). (c) Limitation.--The Secretaries shall accept not more than 100 grazing permits and leases, in the aggregate, per year under this section on a first come, first served basis. SEC. 5. EFFECT OF WAIVER OF GRAZING PERMIT OR LEASE. (a) Effect on Range Developments.--A permittee or lessee who waives a grazing permit or lease to the Secretary under section 4 shall be deemed to have waived any claim to all range developments on the associated grazing allotment, notwithstanding any other provision of law. (b) Securing Retired Allotments Against Unauthorized Use.--The Secretary shall ensure that grazing allotments retired from grazing under this Act are rendered reasonably secure from trespass grazing by domestic livestock. (c) Relation to Other Authority.--Nothing in this Act shall be construed to affect the Secretary's authority to modify or terminate grazing permits or leases in accordance with other law. (d) Relation to Valid Existing Rights.--Nothing in this Act affects the allocation, ownership, interest, or control, in existence on the date of the enactment of this Act, of any water, water right, or any other valid existing right held by the United States, Indian tribe, State, county, municipality or private individual, partnership or corporation.

Rural Economic Vitalization Act - Directs the Secretary of Agriculture (USDA) or the Secretary of the Interior to: (1) accept and terminate any grazing permit or lease that is waived by a grazing permittee or lessee; and (2) not issue any new grazing permit or lease within the grazing allotment covered by the retired permit or lease, and ensure a permanent end to livestock grazing on such allotment. Directs the appropriate Secretary, if a grazing allotment covered by a waived permit or lease is also covered by another permit or lease that is not waived, to reduce the level of commercial livestock grazing on the grazing allotment to reflect such waiver. Deems a permittee or lessee who waives a grazing permit or lease to have waived any claim to all range developments on the associated grazing allotment.

{"src": "billsum_train", "title": "To authorize voluntary grazing permit retirement on Federal lands managed by the Department of Agriculture or the Department of the Interior where livestock grazing is impractical, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paperwork and Regulatory Improvements Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1980, in the Paperwork Reduction Act, Congress established the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget. OIRA's principal responsibility is to reduce the paperwork burden on the public that results from the collection of information by or for the Federal Government. In 2002, OIRA estimated that the paperwork burden imposed on the public was 7.7 billion hours, at a cost of $230 billion. The Internal Revenue Service accounted for 83 percent of the paperwork burden. (2) In 1995, Congress amended the Paperwork Reduction Act and established annual governmentwide paperwork reduction goals of 10 percent for each of fiscal years 1996 and 1997, and 5 percent for each of fiscal years 1998 through 2001, but the paperwork burden increased, rather than decreased, in each of those fiscal years and fiscal year 2002. Both the Office of Management and Budget and the Internal Revenue Service need to devote additional attention to paperwork reduction. (3) In 2002, the House Report accompanying the Treasury and General Government Appropriations Act, 2003 (House Report 107- 575) stated, ``The Office of Management and Budget has reported that paperwork burdens on Americans have increased in each of the last six years. Since the Internal Revenue Service imposes over 80 percent of these paperwork burdens, the Committee believes that OMB should work to identify and review proposed and existing IRS paperwork.''. (4) One key to success in paperwork reduction is the Office of Management and Budget's systematic review of every new and revised agency paperwork proposal. Recent statutory exemptions from that office's review responsibility, especially those without any stated justification, should be removed. (5) In 2000, researchers Mark Crain of George Mason University and Thomas Hopkins of the Rochester Institute of Technology, in their October 2001 publication titled ``The Impact of Regulatory Costs on Small Firms'', estimated that Americans spend $843 billion annually to comply with Federal regulations. Congress has a responsibility to review major rules (as defined by section 804 of title 5, United States Code) proposed by agencies, especially regulatory alternatives and the costs and benefits associated with each of them. In 2000, in the Truth in Regulating Act, Congress established new responsibility within the General Accounting Office to assist Congress with this responsibility. (6) In 1996, because of the increasing costs and incompletely estimated benefits of Federal rules and paperwork, Congress required the Office of Management and Budget for the first time to submit an annual report to Congress on the total costs and benefits to the public of Federal rules and paperwork requirements, including an assessment of the effects of Federal rules on the private sector and State and local governments. In 1998, Congress changed the annual report's due date to coincide with the due date of the President's budget, so that Congress and the public could be given an opportunity to simultaneously review both the on-budget and off-budget costs associated with the regulatory and paperwork requirements of each Federal agency. In 2000, Congress made this a permanent annual reporting requirement. (7) The Office of Management and Budget requires agencies to submit annual budget and paperwork burden estimates in order to prepare certain required reports for Congress, but it does not require agencies to submit estimates on costs and benefits of agency rules and paperwork. The Office of Management and Budget needs to require agencies to submit such estimates on costs and benefits to help prepare the annual accounting statement and associated report required under section 624 of the Treasury and General Government Appropriations Act, 2001. SEC. 3. REDUCTION OF TAX PAPERWORK. Section 3504 of title 44, United States Code, is amended by adding at the end the following new subsection: ``(i) In carrying out subsection (c)(3), the Director shall (in consultation with the Internal Revenue Service and the Office of Tax Policy of the Department of the Treasury and the Office of Advocacy of the Small Business Administration) conduct a review of the collections of information conducted by the Internal Revenue Service to identify actions that the Internal Revenue Service can take to reduce the information collection burden imposed on small business concerns, consistent with section 3520(c)(1) of this chapter. The Director shall include the results of the review in the annual report that the Director submits under section 3514 of this chapter for fiscal year 2006.''. SEC. 4. REPEAL OF EXEMPTIONS FROM PAPERWORK REDUCTION ACT, ETC. (a) Repeals.--The following provisions of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171) are repealed: (1) Subparagraphs (A) and (C) of section 1601(c)(2). (2) Section 1601(c)(3). (3) Section 2702(b)(1)(A). (4) Section 2702(b)(2)(A). (5) Section 2702(c). (6) Subparagraphs (A) and (C) of section 6103(b)(2). (7) Section 6103(b)(3). (8) Subparagraphs (A) and (C) of section 10105(d)(2). (9) Section 10105(d)(3). (b) Effective Date.--The repeals of the provisions listed in subsection (a) shall take effect 180 days after the date of the enactment of this Act. SEC. 5. AMENDMENT OF TRUTH IN REGULATING ACT TO MAKE PERMANENT PILOT PROJECT FOR REPORT ON RULES. (a) Permanent Authority.--The purpose of this section is to make permanent the authority to request the performance of regulatory analysis to enhance Congressional responsibility for regulatory decisions developed under the laws enacted by Congress. The Truth in Regulating Act of 2000 (Public Law 106-312; 5 U.S.C. 801 note) is amended-- (1) in the heading for section 4, by striking ``pilot project for'', (2) in section 5, by striking ``$5,200,000 for each of fiscal years 2000 through 2002'' and inserting ``$5,000,000 for each fiscal year beginning after September 30, 2004''; and (3) in section 6-- (A) in the heading, by striking ``and duration of pilot project''; (B) in subsection (a), by striking ``(a) Effective Date.--''; and (C) by striking subsections (b) and (c). (b) Effective Date.--The amendments made by this section shall take effect 90 days after the date of the enactment of this Act. SEC. 6. IMPROVED REGULATORY ACCOUNTING. (a) Requirement for Agencies to Submit Information on Regulations and Paperwork to OMB.--Section 624 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-161), is amended-- (1) by redesignating subsections (b), (c), and (d) as subsection (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Agency Submissions to OMB.--To carry out subsection (a), the Director of the Office of Management and Budget shall require each agency annually to submit to the Office of Management and Budget an estimate of the total annual costs and benefits of Federal rules and paperwork, to the extent feasible-- ``(1) for the agency in the aggregate; and ``(2) for each agency program.''. (b) Regulatory Budgeting.--(1) Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1120. Regulatory budgeting ``(a) The Director of the Office of Management and Budget, after consultation with the head of each agency, shall designate not less than three agencies (or offices within an agency) to participate in a study on regulatory budgeting for fiscal years 2006 and 2007. The designated agencies shall include three regulatory agencies or offices from among the following: the Department of Labor, the Department of Transportation, the Department of Health and Human Services, and the Environmental Protection Agency. ``(b) The study shall address the preparation of regulatory budgets. Such budgets shall include the presentation of the varying estimated levels of benefits that would be associated with the different estimated levels of costs with respect to the regulatory alternatives under consideration by the agency (or office within the agency). ``(c) The Director of the Office of Management and Budget shall include, in the accounting statement and associated report submitted to Congress for calendar year 2006 under section 624 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-161), a presentation of the different levels of estimated regulatory benefits and costs with respect to the regulatory alternatives under consideration for one or more of the major regulatory programs of each of the agencies designated under subsection (a). ``(d) In the accounting statement and associated report submitted to Congress for calendar year 2009 under section 624 of the Treasury and General Government Appropriations Act, 2001 (as so enacted), the Director of the Office of Management and Budget, after consultation with the Committees on the Budget and on Government Reform of the House of Representatives and the Committees on the Budget and on Governmental Affairs of the Senate, shall include a report on the study on regulatory budgeting. The report shall-- ``(1) assess the feasibility and advisability of including a regulatory budget as part of the annual budget submitted under section 1105; ``(2) describe any difficulties encountered by the Office of Management and Budget and the participating agencies in conducting the study; and ``(3) recommend, to the extent the President considers necessary or expedient, proposed legislation regarding regulatory budgets. ``(e) The report on the study on regulatory budgeting required under subsection (d) shall also be submitted directly to the Committees on the Budget and on Government Reform of the House of Representatives and the Committees on the Budget and on Governmental Affairs of the Senate.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1120. Regulatory budgeting.''.

Paperwork and Regulatory Improvements Act of 2005 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget (OMB) to review information collection conducted by the Internal Revenue Service (IRS) to identify actions IRS can take to reduce the information collection burden imposed on small business concerns, and to include the results of such review in a specified annual report. Amends the Farm Security and Rural Investment Act of 2002 to repeal specified exemptions from Paperwork Reduction Act requirements and certain other rulemaking requirements. Amends the Truth in Regulating Act of 2000 to make permanent the authority of a chairman or ranking member of a congressional committee to request the Comptroller General to perform a regulatory analysis of an economically significant rule upon agency publication. Amends the Treasury and General Government Appropriations Act, 2001 to instruct the Director of OMB to require each agency annually to submit an estimate of the total annual costs and benefits of Federal rules and paperwork for the agency and each agency program. Requires the Director to designate at least three agencies to participate in a study on regulatory budgeting for FY 2006 and 2007. Includes the regulatory budgets of the designated agencies as an alternative budget presentation. Requires a report on the study to be submitted to Congress.

{"src": "billsum_train", "title": "To amend the Paperwork Reduction Act and titles 5 and 31, United States Code, to reform Federal paperwork and regulatory processes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Designer Anabolic Steroid Control Act of 2012''. SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. (a) Definitions.--Section 102(41) of the Controlled Substances Act (21 U.S.C. 802(41)) is amended-- (1) in subparagraph (A)-- (A) in clause (xlix), by striking ``and'' at the end; (B) by redesignating clause (xlx) as clause (lxxvii); and (C) by inserting after clause (xlix) the following: ``(l) 5a-Androstan-3,6,17-trione; ``(li) Androst-4-ene-3,6,17-trione; ``(lii) Androsta-1,4,6-triene-3,17-dione; ``(liii) 6-bromo-androstan-3,17-dione; ``(liv) 6-bromo-androsta-1,4-diene-3,17- dione; ``(lv) 4-chloro-17a-methyl-androsta-1,4- diene-3,17b-diol; ``(lvi) 4-chloro-17a-methyl-androst-4-ene- 3b,17b-diol; ``(lvii) 4-chloro-17a-methyl-17b-hydroxy- androst-4-en-3-one; ``(lviii) 4-chloro-17a-methyl-17b-hydroxy- androst-4-ene-3,11-dione; ``(lix) 4-chloro-17a-methyl-androsta-1,4- diene-3,17b-diol; ``(lx) 2a,17a-dimethyl-17b-hydroxy-5a- androstan-3-one; ``(lxi) 2a,17a-dimethyl-17b-hydroxy-5b- androstan-3-one; ``(lxii) 2a,3a-epithio-17a-methyl-5a- androstan-17b-ol; ``(lxiii) [3,2-c]-furazan-5a-androstan-17b- ol; ``(lxiv) 3b-hydroxy-estra-4,9,11-trien-17- one; ``(lxv) 17a-methyl-androst-2-ene-3,17b- diol; ``(lxvi) 17a-methyl-androsta-1,4-diene- 3,17b-diol; ``(lxvii) Estra-4,9,11-triene-3,17-dione; ``(lxviii) 18a-Homo-3-hydroxy-estra- 2,5(10)-dien-17-one; ``(lxix) 6a-Methyl-androst-4-ene-3,17- dione; ``(lxx) 17a-Methyl-androstan-3- hydroxyimine-17b-ol; ``(lxxi) 17a-Methyl-5a-androstan-17b-ol; ``(lxxii) 17b-Hydroxy-androstano[2,3- d]isoxazole; ``(lxxiii) 17b-Hydroxy-androstano[3,2- c]isoxazole; ``(lxxiv) 4-Hydroxy-androst-4-ene-3,17- dione[3,2-c]pyrazole-5a-androstan-17b-ol; ``(lxxv) [3,2-c]pyrazole-androst-4-en-17b- ol; ``(lxxvi) [3,2-c]pyrazole-5a-androstan-17b- ol; and''; and (2) by adding at the end the following: ``(C)(i) Subject to clause (ii) and the limitations under section 201(i)(6), a drug or hormonal substance (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone) that is not listed in subparagraph (A) and is derived from, or has a chemical structure substantially similar to, 1 or more anabolic steroids listed in subparagraph (A) shall be considered to be an anabolic steroid for purposes of this Act if-- ``(I) the drug or substance has been created or manufactured with the intent of producing a drug or other substance that either-- ``(aa) promotes muscle growth; or ``(bb) otherwise causes a pharmacological effect similar to that of testosterone; or ``(II) the drug or substance has been, or is intended to be, marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone. ``(ii) A substance shall not be considered to be a drug or hormonal substance for purposes of this subparagraph if it-- ``(I) is-- ``(aa) an herb or other botanical; ``(bb) a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical; or ``(cc) a combination of 2 or more substances described in item (aa) or (bb); and ``(II) is a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). ``(iii) In accordance with section 515(a), any person claiming the benefit of an exemption or exception under clause (ii) shall bear the burden of going forward with the evidence with respect to such exemption or exception.''. (b) Classification Authority.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(i) Temporary and Permanent Scheduling of Recently Emerged Anabolic Steroids.-- ``(1) The Attorney General may issue a temporary order adding a drug or other substance to the list of anabolic steroids if the Attorney General finds that-- ``(A) the drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41) but is not listed in that section or by regulation of the Attorney General as being an anabolic steroid; and ``(B) adding such drug or other substance to the list of anabolic steroids will assist in preventing the unlawful importation, manufacture, distribution, or dispensing of such drug or other substance. ``(2) An order issued under paragraph (1) shall not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued. The order shall expire not later than 24 months after the date it becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (5), extend the temporary scheduling order for up to 6 months. ``(3) A temporary scheduling order issued under paragraph (1) shall be vacated upon the issuance of a permanent scheduling order under paragraph (5). ``(4) An order issued under paragraph (1) is not subject to judicial review. ``(5) The Attorney General may, by rule, issue a permanent order adding a drug or other substance to the list of anabolic steroids if such drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41). Such rulemaking may be commenced simultaneously with the issuance of the temporary order issued under paragraph (1). ``(6) If a drug or other substance has not been temporarily or permanently added to the list of anabolic steroids pursuant to this subsection, the drug or other substance shall be considered an anabolic steroid if in any criminal, civil, or administrative proceeding arising under this Act it has been determined in such proceeding, based on evidence presented in the proceeding, that the substance satisfies the criteria for being considered an anabolic steroid under paragraph (41)(A), (41)(C)(i), or (41)(C)(ii) of section 102.''. (c) Labeling Requirements.--The Controlled Substances Act is amended by inserting after section 305 (21 U.S.C. 825) the following: ``Sec. 305A. Offenses involving false labeling of anabolic steroids ``(a) Unlawful Acts.-- ``(1) It shall be unlawful-- ``(A) to import into the United States or to export from the United States; ``(B) to manufacture, distribute, dispense, sell, or offer to sell; or ``(C) to possess with intent to manufacture, distribute, dispense, sell, or offer to sell; any anabolic steroid, or any product containing an anabolic steroid, unless it bears a label clearly identifying any anabolic steroid contained in such steroid or product by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). ``(2) A product that is the subject of an approved application as described in section 505(b), (i) or (j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b), (i), or (j)) is exempt from the International Union of Pure and Applied Chemistry nomenclature requirement of this subsection if such product is labeled in the manner required by the Federal Food, Drug, and Cosmetic Act. ``(b) Criminal Penalties.--Any person who violates subsection (a) knowing, intending, or having reasonable cause to believe, that the substance or product is an anabolic steroid, or contains an anabolic steroid, shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both. ``(c) Civil Penalties.-- ``(1) Any person who violates subsection (a) shall be subject to a civil penalty as follows: ``(A) In the case of an importer, exporter, manufacturer, or distributor (other than as provided in subparagraph (B)), up to $500,000 per violation. For purposes of this subparagraph, a violation is defined as each instance of importation, exportation, manufacturing, or distribution, and each anabolic steroid or product imported, exported, manufactured, or distributed. ``(B) In the case of a sale or offer to sell at retail, up to $25,000 per violation. For purposes of this subparagraph, each sale and each product offered for sale shall be considered a separate violation. Continued offers to sell by a person 10 or more days after written notice (including through electronic message) to the person by the Attorney General or the Secretary shall be considered additional violations. ``(2) In this subsection, the term `product' means a discrete article, either in bulk or in finished form prepared for sale. A number of articles, if similarly packaged and bearing identical labels, shall be considered as one product, but each package size, form, or differently labeled article shall be considered a separate product. ``(d) Identification and Publication of List of Products Containing Anabolic Steroids.-- ``(1) The Attorney General may, in his discretion, collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled in accordance with this section. The Attorney General may publish in the Federal Register or on the website of the Drug Enforcement Administration a list of products that he has determined, based on substantial evidence, contain an anabolic steroid and are not labeled in accordance with this section. ``(2) The absence of a product from the list referred to in paragraph (1) shall not constitute evidence that the product does not contain an anabolic steroid.''. SEC. 3. SENTENCING COMMISSION GUIDELINES. The United States Sentencing Commission shall-- (1) review and amend the Federal sentencing guidelines with respect to offenses involving anabolic steroids, including the offenses established in section 2 (section 305A of the Controlled Substance Act); (2) amend the Federal sentencing guidelines, including notes to the drug quantity tables, to provide clearly that in a case involving an anabolic steroid not in a tablet, capsule, liquid, or other form where dosage can be readily ascertained (such as a powder, topical cream, gel, or aerosol), the sentence shall be determined based on the entire weight of the mixture or substance; (3) amend the applicable guidelines by designating quantities of mixture or substance that correspond to a unit so that offenses involving such forms of anabolic steroids are penalized at least as severely as offenses involving forms whose dosage can be readily ascertained; and (4) take such other action as the Commission considers necessary to carry out this Act and this section. SEC. 4. CONGRESSIONAL OVERSIGHT. The Administrator of the Drug Enforcement Administration shall report to Congress every 2 years-- (1) what anabolic steroids have been scheduled on a temporary basis under the provisions of this Act; and (2) the findings and conclusions that led to such scheduling.

Designer Anabolic Steroid Control Act of 2012 - Amends the Controlled Substances Act to:  (1) expand the list of substances defined as "anabolic steroids"; (2) authorize the Attorney General to issue a temporary order adding a drug or other substance to the list of anabolic steroids; (3) impose enhanced criminal and civil penalties for possessing or trafficking in any anabolic steroid, or product containing an anabolic steroid, unless it bears a label clearly identifying the anabolic steroid by the nomenclature used by the International Union of Pure and Applied Chemistry; and (4) authorize the Attorney General to collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled. Specifies that a substance shall not be considered to be a drug or hormonal substance that is considered to be an anaboloic steroid if it is: (1) an herb or other botanical; (2) a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical; (3) a combination of two or more such substances (i.e., botanical or concentrate, metabolite, or extract); or (4) a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act. Provides that any person claiming the benefit of an exemption or exception from being considered a drug or hormonal substance shall bear the burden of providing the appropriate evidence. Directs: (1) the United States Sentencing Commission to review and amend federal sentencing guidelines with respect to offenses involving anabolic steroids, and (2) the Administrator of the Drug Enforcement Administration (DEA) to report every two years on what anabolic steroids have been scheduled on a temporary basis under this Act.

{"src": "billsum_train", "title": "A bill to amend the Controlled Substances Act to more effectively regulate anabolic steroids."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare HMO Improvement Act of 1998''. SEC. 2. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 YEARS. (a) In General.--Section 1857(c)(1) of the Social Security Act (42 U.S.C. 1395w-27(c)(1)) is amended-- (1) by striking ``a term of at least 1 year'' and inserting ``an initial term of at least 3 years''; and (2) by striking ``from term to term'' and inserting ``for additional 1-year periods thereafter''. (b) Effective Date.--The amendments made by subsection (a) apply to contracts entered into on or after the date of the enactment of this Act. SEC. 3. AUTHORITY TO DELAY TERMINATION. Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w- 21(g)(3)) is amended by adding at the end the following new subparagraph: ``(E) Authority to delay effectiveness of a termination.-- (i) In general.--If a Medicare+Choice organization terminates a plan under subparagraph (B)(iii), the Secretary may delay the effectiveness of such termination for up to 1 year if the Secretary finds that-- ``(I) the termination would cause an imminent and serious risk to health to individuals enrolled under the plan under this part; ``(II) the termination would result in a significant reduction in the Medicare+Choice plans that are available in the area affected by the termination; or ``(III) the chief executive officer of the State in which the termination occurs requests such a delay. ``(ii) End of delay.--The Secretary may end a delay under clause (i), before the end of the 1-year period, if the Secretary finds that an adequate provider network has been established which will provide at least an equal level of insurance coverage as existed on the date the Medicare+Choice organization informed its enrollees of its intention to terminate the plan.''. SEC. 4. RESTRICTION ON TERMINATION OF MEDICARE+CHOICE PLANS IN SELECTED AREAS WITHIN A METROPOLITAN STATISTICAL AREA. (a) In General.--Section 1857(c) of the Social Security Act (42 U.S.C. 1395w-27(c)) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Limitation on selective termination of contracts.-- ``(A) In general.--Except as provided in subparagraph (B), if a Medicare+Choice organization offers a Medicare+Choice plan that provides coverage in a metropolitan statistical area (or a New England County Metropolitan Area) in a State and terminates such coverage for any part of such area (or Area) in the State, the Secretary shall terminate any contract with the organization for coverage of any part of that area (or Area) in that State. ``(B) Exception.--The Secretary may waive the requirement of subparagraph (A) if the Secretary finds that terminating contracts for coverage in all parts of a metropolitan statistical area (or New England County Metropolitan Area) in the State would pose an imminent and serious risk to the health of individuals enrolled with the organization under this part in the area (or Area).''. (b) Effective Date.--The amendments made by subsection (a) apply to terminations for which notice is provided on or after the date of the enactment of this Act. SEC. 5. CONTINUITY OF CARE IN CASE OF INVOLUNTARY TERMINATION. (a) In General.--Section 1852(d) of the Social Security Act (42 U.S.C. 1395w-22(d)) is amended by adding at the end the following new paragraph: ``(5) Continuity of care.-- ``(A) In general.--If-- ``(i) an individual's enrollment with a Medicare+Choice plan offered by a Medicare+Choice organization under this part is terminated by the organization (other than for cause with respect to that individual), and ``(ii) on the effective date of such termination of enrollment the individual is in a course of treatment for which coverage is available under the plan and the individual is not at that time covered under another Medicare+Choice plan, notwithstanding such termination the organization shall continue to provide coverage for the covered course of treatment for a period of 90 days after such effective date. ``(B) Permissible terms and conditions.--The coverage provided under subparagraph (A) shall be under the same terms and conditions (including applicable policies, procedures, and quality assurance standards) as existed on the date before the effective date of the termination. ``(C) Terminate defined.--In this paragraph, the term `terminate' includes the termination of a Medicare+Choice plan as a result of the expiration or nonrenewal of a contract by the organization under this part. ``(D) Construction.--Nothing in this paragraph shall be construed to require the coverage of benefits which would not have been covered on the effective date of the termination involved.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contracts entered into or renewed on or after the date of the enactment of this Act.

Medicare HMO Improvement Act of 1998 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act with regard to contracts with Medicare+Choice organizations to: (1) provide for extension of the initial Medicare+Choice contract period from one year to three years; and (2) require termination of any contract with an organization that terminates coverage for any part of a metropolitan statistical area (or a New England County Metropolitan Area). Authorizes the Secretary of Health and Human Services to delay the effectiveness of a Medicare+Choice organization's termination of its plan with respect to all individuals in an area, if: (1) the termination would cause an imminent and serious health risk to enrollees; (2) the termination would result in a significant reduction in the Medicare+Choice plans available in the area affected; or (3) the chief executive officer of the State in which the termination occurs requests such a delay. Provides for continuity of care, for a limited period, in certain cases of involuntary termination (other than for cause) of an individual's enrollment with a Medicare+Choice plan.

{"src": "billsum_train", "title": "Medicare HMO Improvement Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Internet Preservation Act''. SEC. 2. INTERNET OPENNESS. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 13. INTERNET OPENNESS. ``(a) Obligations of Broadband Internet Access Service Providers.-- A person engaged in the provision of broadband Internet access service, insofar as such person is so engaged-- ``(1) may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management; and ``(2) may not impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a non-harmful device, subject to reasonable network management. ``(b) Commission Authority.-- ``(1) In general.--The Commission shall enforce the obligations established in subsection (a) and the obligations established in subsection (e)(2) through adjudication of complaints alleging violations of such respective subsection but may not, under any provision of law, whether by rulemaking or otherwise-- ``(A) expand the Internet openness obligations for provision of broadband Internet access service beyond the obligations established in subsection (a); or ``(B) expand the Internet openness obligations for the offering or provision of specialized services beyond the obligations established in subsection (e)(2). ``(2) Formal complaint procedures.--Not later than 60 days after the date of the enactment of this section, the Commission shall adopt formal complaint procedures to address alleged violations of subsection (a) and alleged violations of subsection (e)(2). Such procedures shall include a deadline (relative to the date of filing of a complaint under such procedures) for the disposition of such complaint. ``(c) Preemption of State Law.--No State or political subdivision of a State shall adopt, maintain, enforce, or impose or continue in effect any law, rule, regulation, duty, requirement, standard, or other provision having the force and effect of law relating to or with respect to Internet openness obligations for provision of broadband Internet access service. ``(d) Other Laws and Considerations.--Nothing in this section-- ``(1) supersedes any obligation or authorization a provider of broadband Internet access service may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or limits the provider's ability to do so; or ``(2) prohibits reasonable efforts by a provider of broadband Internet access service to address copyright infringement or other unlawful activity. ``(e) Specialized Services.-- ``(1) In general.--Except as provided in paragraph (2), nothing in this section shall be construed to limit the ability of broadband Internet access service providers to offer specialized services. ``(2) Prohibition on certain practices.--Specialized services may not be offered or provided in ways that threaten the meaningful availability of broadband Internet access service or that have been devised or promoted in a manner designed to evade the purposes of this section. ``(f) Broadband To Be Considered Information Service.-- Notwithstanding any other provision of law, the provision of broadband Internet access service or any other mass-market retail service providing advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)) shall be considered to be an information service. ``(g) Reasonable Network Management.--For purposes of subsection (a), a network management practice is reasonable if it is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service. ``(h) Definitions.--In this section: ``(1) Broadband internet access service.-- ``(A) In general.--The term `broadband Internet access service' means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. ``(B) Functional equivalent; evasion.--Such term includes any service that-- ``(i) the Commission finds to be providing a functional equivalent of the service described in subparagraph (A); or ``(ii) is used to evade the obligations set forth in subsection (a). ``(2) Network management practice.--The term `network management practice' means a practice that has a primarily technical network management justification. Such term does not include other business practices. ``(3) Specialized services.--The term `specialized services' means services other than broadband Internet access service that are offered over the same network as, and that may share network capacity with, broadband Internet access service.''.

Open Internet Preservation Act This bill amends the Communications Act of 1934 by prohibiting broadband internet access service providers from: (1) blocking lawful content, applications, services, or non-harmful devices; and (2) impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a non-harmful device. These prohibitions do not prevent providers from offering specialized services that are offered over the same network and may share network capacity with the broadband internet access service.

{"src": "billsum_train", "title": "Open Internet Preservation Act"}